[Federal Register Volume 79, Number 61 (Monday, March 31, 2014)]
[Rules and Regulations]
[Pages 17889-17896]
[FR Doc No: 2014-06863]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2013-0787; FRL-9908-13-OAR]

Approval of States' Requests To Relax the Federal Reid Vapor
Pressure Volatility Standard in Florida, and the Raleigh-Durham-Chapel
Hill and Greensboro/Winston-Salem/High Point Areas in North Carolina

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve requests from Florida and North Carolina for
the EPA to relax the Reid Vapor Pressure (RVP) Standard applicable to
gasoline introduced into commerce from June 1 to September 15 of each
year in six counties in Florida, and in counties in the Raleigh-Durham-
Chapel Hill Area (also referred to as the ``Triangle Area'') and the
Greensboro/Winston-Salem/High Point Area (also referred to as the
``Triad Area'') in North Carolina. Specifically, the EPA is approving
amendments to the regulations to change the RVP standard for six
counties in Florida, and for the counties in the Triangle and Triad
Areas from 7.8 pounds per square inch (psi) to 9.0 psi for gasoline.
The EPA has determined that these changes to the federal RVP regulation
are consistent with the applicable provisions of the Clean Air Act (CAA
or Act). This action is being taken without prior proposal because the
EPA believes that this final rulemaking is noncontroversial, for the
reasons set forth in this preamble, and due to the limited scope of
this action.

DATES: This direct final rule will become effective May 30, 2014
without further notice, unless the EPA receives adverse comment by
April 30, 2014. If the EPA receives such comments, the Agency will
publish a timely withdrawal of the direct final rule in the Federal
Register and inform the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0787, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Environmental Protection Agency, Mail Code: 2822T, 1200
Pennsylvania Avenue NW., Washington, DC 20460. Please include two
copies.
    5. Hand Delivery or Courier: U.S. Environmental Protection Agency,
EPA Headquarters Library, EPA West Building, Room 3334, 1301
Constitution Avenue NW., Washington, DC 20004. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0787. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The www.regulations.gov Web site is an
``anonymous access'' system, which means the EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to the EPA without
going through www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any disk or CD-ROM you submit. If the EPA cannot read your comment due
to technical difficulties and cannot contact you for clarification, the
Agency may not be able to consider your comment. Electronic files
should avoid the use of special characters, any form of encryption, and
be free of any defects or viruses. For additional information about the
EPA's public docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rudolph Kapichak, Office of
Transportation and Air Quality, Environmental Protection Agency, 2000
Traverwood Drive, Ann Arbor, MI 48105; telephone number:<PHONE_NUMBER>;
fax number<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Organization of this document. The following
outline is provided to aid in locating information in this preamble.

Table of Contents

I. General Information
II. Actions Being Taken
III. History of the Gasoline Volatility Requirement
IV. EPA's Policy Regarding Relaxation of Volatility Standards in
Ozone Nonattainment Areas That Are Redesignated as Attainment Areas
V. EPA's Analysis of Florida's Request To Relax the Federal RVP
Requirements in the State
VI. EPA's Analysis of North Carolina's Requests To Relax the Federal
RVP Requirements in the Triangle and Triad Areas
VII. Final Actions
VIII. Statutory and Executive Order Reviews
IX. Legal Authority and Statutory Provisions

I. General Information

    Throughout this document, ``the Agency'' is used to mean the EPA.

A. Why is the EPA using a direct final rule?

    The EPA is making these revisions as a direct final rule without
prior proposal because the EPA views these revisions as
noncontroversial and anticipates no adverse comment. The rationale for
this rulemaking is described in detail below. If the EPA receives no
adverse comment, the Agency will not take further action on the
proposed rule. If the EPA receives adverse comment on the rule or any
portion of the rule, the Agency will withdraw the direct final

rule or the portion of the rule that received adverse comment. All
public comments received will then be addressed in a subsequent final
rule based on this proposed rule. The EPA will not institute a second
comment period on this rulemaking. Any parties interested in commenting
must do so at this time.

B. Does this action apply to me?

    Entities potentially affected by this rule are fuel producers and
distributors who do business in Florida and in North Carolina.
Regulated entities include:

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                                                                  NAICS
          Examples of potentially regulated entities              codes
                                                                   \a\
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Petroleum refineries..........................................    324110
Gasoline Marketers and Distributors...........................    424710
                                                                  424720
Gasoline Retail Stations......................................    447110
Gasoline Transporters.........................................    484220
                                                                  484230
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\a\ North American Industry Classification System (NAICS).

    This table provides only a guide for readers regarding entities
likely to be regulated by this action. You should carefully examine the
regulations in 40 CFR 80.27 to determine whether your facility is
impacted. If you have further questions, call the person listed in the
FOR FURTHER INFORMATION CONTACT section of this preamble.

C. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to the EPA
through www.regulations.gov or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information in a disk
or CD ROM that you mail to the EPA, mark the outside of the disk or CD
ROM as CBI and then identify electronically within the disk or CD ROM
the specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR Part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

II. Actions Being Taken

    This final rule approves a request from Florida to change the
summertime RVP standard for Broward, Dade, Duval, Hillsborough, Palm
Beach and Pinellas counties in Florida from 7.8 psi to 9.0 psi by
amending the EPA's regulations at 40 CFR 80.27(a)(2). Additionally,
this final rule approves a request from North Carolina to change the
summertime RVP standard for the Triangle and Triad Areas from 7.8 psi
to 9.0 psi by amending the EPA's regulations at 40 CFR 80.27(a)(2). The
Triangle Area is comprised of Durham and Wake Counties, and the
Dutchville Township portion of Granville County. The Triad Area is
comprised of the counties of Davidson, Forsyth and Guilford in their
entirety, and the portion of Davie County bounded by the Yadkin River,
Dutchmans Creek, North Carolina Highway 801, Fulton Creek and back to
Yadkin River.
    In previous rulemakings, the EPA approved state implementation plan
(SIP) revisions from Florida and North Carolina which provided
technical analyses that demonstrated that removal of the Federal RVP
requirements of 7.8 psi for gasoline sold between June 1 and September
15 of each year in the six counties in Florida, and the North Carolina
Triangle and Triad Areas would not interfere with maintenance of the
national ambient air quality standards (NAAQS) in these areas. For more
information on Florida's SIP revision for the six Florida counties and
the EPA's analysis of Florida's SIP revision refer to the January 6,
2014, final rule at 79 FR 573; on North Carolina's SIP revision for the
Triangle Area refer to the January 2, 2014 final rule at 79 FR 47; and
on North Carolina's SIP revision for the Triad Area refer to the
January 24, 2014 final rule at 79 FR 4082.
    As mentioned above, this final rule approves requests from Florida
and North Carolina to change the summertime RVP standard for six
Florida counties, and for the Triangle and Triad Areas from 7.8 psi to
9.0 psi by amending the EPA's regulations at 40 CFR 80.27(a)(2). The
preamble for this rulemaking is organized as follows. Section III
provides the history of federal gasoline volatility regulation. Section
IV describes the policy regarding relaxation of volatility standards in
ozone nonattainment areas that are redesignated as attainment areas.
Section V provides information specific to Florida's request for the
six counties currently subject to the 7.8 psi summertime RVP
requirements. Section VI provides information specific to North
Carolina's requests for the counties in the Triangle and Triad Areas
that are currently subject to the 7.8 psi summertime RVP requirements.
Finally, Section VII presents the final actions in response to the
requests from Florida and North Carolina.

III. History of the Gasoline Volatility Requirement

    On August 19, 1987 (52 FR 31274), the EPA determined that gasoline
nationwide was becoming increasingly volatile, causing an increase in
evaporative emissions from gasoline-powered vehicles and equipment.
Evaporative emissions from gasoline, referred to as volatile organic
compounds (VOC), are precursors to the formation of tropospheric ozone
and contribute to the nation's ground-level ozone problem. Exposure to
ground-level ozone can reduce lung function (thereby aggravating asthma
or other respiratory conditions), increase susceptibility to
respiratory infection, and may contribute to premature death in people
with heart and lung disease.
    The most common measure of fuel volatility that is useful in
evaluating gasoline evaporative emissions is RVP. Under section 211(c)
of the CAA, the EPA promulgated regulations on March 22, 1989 (54 FR
11868) that set maximum limits for the RVP of gasoline sold during the
regulatory control periods that were established on a state-by-state
basis in the final rule. The regulatory control periods addressed the
portion of the year when peak ozone concentrations were expected. These
regulations constituted Phase I of a two-phase nationwide program,
which was designed to reduce the volatility of commercial gasoline
during the high ozone season. On June 11, 1990 (55 FR

23658), the EPA promulgated more stringent volatility controls as Phase
II of the volatility control program. These requirements established
maximum RVP standards of 9.0 psi or 7.8 psi (depending on the state,
the month, and the area's initial ozone attainment designation with
respect to the 1-hour ozone NAAQS).
    The 1990 CAA Amendments established a new section, 211(h), to
address fuel volatility. Section 211(h) requires the EPA to promulgate
regulations making it unlawful to sell, offer for sale, dispense,
supply, offer for supply, transport, or introduce into commerce
gasoline with an RVP level in excess of 9.0 psi during the high ozone
season. Section 211(h) prohibits the EPA from establishing a volatility
standard more stringent than 9.0 psi in an attainment area, except that
the Agency may impose a lower (more stringent) standard in any former
ozone nonattainment area redesignated to attainment.
    On December 12, 1991 (56 FR 64704), the EPA modified the Phase II
volatility regulations to be consistent with section 211(h) of the CAA.
The modified regulations prohibited the sale of gasoline with an RVP
above 9.0 psi in all areas designated attainment for ozone, beginning
in 1992. For areas designated as nonattainment, the regulations
retained the original Phase II standards published on June 11, 1990 (55
FR 23658), which included the 7.8 psi ozone season limitation for
certain areas. As stated in the preamble to the Phase II volatility
controls and reiterated in the proposed change to the volatility
standards published in 1991, the EPA will rely on states to initiate
changes to the volatility program. The EPA's policy for approving such
changes is described in Section IV of this notice.
    Florida and North Carolina have initiated these changes by
requesting that the EPA relax the 7.8 psi RVP standard for counties
that are in ozone maintenance areas. Accordingly, the States revised
their original modeling and maintenance demonstrations for these areas
to reflect continued attainment under the relaxed 9.0 psi RVP standard
that the states have requested. See Section V of this action for
information specific to Florida's request for the six counties
currently subject to the 7.8 psi summertime RVP requirements. See
Section VI of this action for information specific to North Carolina's
requests for the counties in the Triangle and Triad Areas that are
currently subject to the 7.8 psi summertime RVP requirements.

IV. EPA's Policy Regarding Relaxation of Volatility Standards in Ozone
Nonattainment Areas That Are Redesignated as Attainment Areas

    As stated in the preamble for the EPA's amended Phase II volatility
standards (56 FR 64706), any change in the volatility standard for a
nonattainment area that was subsequently redesignated as an attainment
area must be accomplished through a separate rulemaking that revises
the applicable standard for that area. Thus, for former 1-hour ozone
nonattainment areas where the EPA mandated a Phase II volatility
standard of 7.8 psi RVP in the December 12, 1991 rulemaking, the 7.8
psi RVP will remain in effect, even after such an area is redesignated
to attainment, until a separate rulemaking is completed that revises
the RVP standard in that area from 7.8 psi to 9.0 psi.
    As explained in the December 12, 1991, rulemaking, the EPA believes
that relaxation of an applicable RVP standard is best accomplished in
conjunction with the redesignation process. In order for an ozone
nonattainment area to be redesignated as an attainment area, section
107(d)(3) of the Act requires the state to make a showing, pursuant to
section 175A of the Act, that the area is capable of maintaining
attainment for the ozone NAAQS for ten years. Depending on the area's
circumstances, this maintenance plan will either demonstrate that the
area is capable of maintaining attainment for ten years without the
more stringent volatility standard or that the more stringent
volatility standard may be necessary for the area to maintain its
attainment with the ozone NAAQS. Therefore, in the context of a request
for redesignation, the EPA will not relax the volatility standard
unless the state requests a relaxation and the maintenance plan
demonstrates, to the satisfaction of the EPA, that the area will
maintain attainment for ten years without the need for the more
stringent volatility standard.

V. EPA's Analysis of Florida's Request To Relax the Federal RVP
Requirements in the State

    On November 6, 1991, the EPA designated and classified the
Southeast Florida area (i.e., Broward, Dade and Palm Beach counties) as
Moderate; the Jacksonville area (i.e., Duval County) as Transitional;
and the Tampa area (i.e., Hillsborough and Pinellas counties) as
Marginal nonattainment areas for the 1-hour ozone NAAQS. See 56 FR
56694 (November 6, 1991). Among the requirements applicable to
nonattainment areas for the 1-hour ozone NAAQS was the requirement to
meet certain RVP standards for gasoline sold commercially during the
high ozone season. See 55 FR 23658 (June 11, 1990). Thus, the RVP
requirements for gasoline sold in these three 1-hour ozone
nonattainment areas was 7.8 psi from June 1 through September 15 of
each year. Subsequently, each area was redesignated to attainment for
the 1-hour ozone NAAQS.\1\ Florida's redesignation requests did not
include a request for relaxation of the gasoline volatility
standard.2 3
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    \1\ 60 FR 41, (January 3, 1995); 60 FR 10326 (February 24,
1995); and 60 FR 62748 (December 7, 1995), respectively).
    \2\ Effective on June 15, 2004, Broward, Dade, Duval,
Hillsborough, Palm Beach and Pinellas Counties were designated
unclassifiable/attainment for the 1997 8-hour ozone NAAQS. See 69 FR
23857.
    \3\ Effective on July 20, 2012, the same counties were
designated as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088.
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    On August 15, 2013, the State of Florida, through the Florida
Department of Environmental Protection (FDEP), submitted a request for
the EPA to relax the Federal RVP requirement of 7.8 psi in Broward,
Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties in Florida.
The State also submitted a technical analysis which demonstrated that
the less-stringent RVP in these counties would not interfere with
continued maintenance of the 1997 8-hour ozone NAAQS or any other
applicable standard.\4\ Specifically, the State updated the 10-year
maintenance plans that were submitted for the three 1-hour ozone
maintenance areas under section 110(a)(1) of the CAA for the 1997 ozone
NAAQS.\5\ As required, these section 110(a)(1) maintenance plans
provided for continued attainment and maintenance of the 1997 8-hour
ozone NAAQS for at least 10 years from the effective date of these
areas' designation as attainment for the 1997 8-hour ozone NAAQS. These
plans also included components demonstrating how each area will
continue to attain the 1997 8-hour ozone NAAQS, and provided
contingency measures should an area violate the NAAQS. Florida's
previous ozone redesignation requests and maintenance plans for these
areas did

not remove the 7.8 psi RVP standard. See 75 FR 29671 (May 27, 2010).
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    \4\ Maintenance areas for the 1-hour ozone standard designated
attainment/unclassifiable for the 1997 8-hour ozone standard are
required to submit a maintenance plan under section 110(a)(1) of the
CAA demonstrating maintenance out to 10 years after designation. See
69 FR 23996 (April 30, 2004).
    \5\ The EPA has determined that redesignated 1-hour ozone
attainment areas that are designated 8-hour ozone attainment areas
may rely on the section 110(a)(1) maintenance plan for purposes of
requesting relaxation of the more stringent volatility standard. See
73 FR 8202, 8205 (February 13, 2008).
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    As mentioned above, on August 15, 2013, FDEP submitted changes to
the three section 110(a)(1) maintenance plans that collectively cover
Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties in
Florida. Florida's August 15, 2013, SIP revision modifies the existing
section 110(a)(1) maintenance plans to account for a less stringent
applicable RVP gasoline requirement of 9.0 psi for these areas.
Specifically, Florida's August 15, 2013, SIP revision included an
evaluation of the impact that the removal of the 7.8 psi RVP
requirement would have on maintenance of the 1997 and 2008 ozone
standards, and on other applicable NAAQS. The EPA evaluated Florida's
August 15, 2013, SIP revision in a previous rulemaking that was subject
to public notice-and-comment and no comments were received. The EPA
approved Florida's August 15, 2013, SIP revision on January 6, 2014.
See 79 FR 573 In this action, based on the previous approval of
Florida's August 15, 2013, SIP revision, and the fact that the areas
are currently attaining all ozone NAAQS, the EPA is approving Florida's
request to relax the high ozone season RVP standard for Broward, Dade,
Duval, Hillsborough, Palm Beach and Pinellas counties from 7.8 psi to
9.0 psi.

VI. EPA's Analysis of North Carolina's Requests To Relax the Federal
RVP Requirements in the Triangle and Triad Areas

    The following two sections provide the EPA's analysis of North
Carolina's requests to relax the Federal RVP requirements in the
Triangle and Triad Areas.

A. EPA's Analysis of North Carolina's Requests To Relax the Federal RVP
Requirement in the Triangle Area

    On November 6, 1991, the EPA designated and classified Durham and
Wake Counties, and the Dutchville Township portion of Granville County
(also known as the Triangle Area at the time) as a Moderate
nonattainment area for the 1-hour ozone NAAQS. See 56 FR 56694
(November 6, 1991). Among the requirements applicable to nonattainment
areas for the 1-hour ozone NAAQS was the requirement to meet certain
RVP standards for gasoline sold commercially during the high ozone
season. See 55 FR 23658 (June 11, 1990). Thus, the RVP requirement for
gasoline sold in the Triangle Area was 7.8 psi from June 1 through
September 15 of each year. On April 18, 1994, the Triangle Area was
redesignated to attainment for the 1-hour ozone standard. See 59 FR
18300. North Carolina's redesignation request for the Triangle Area did
not include a request for relaxation of the gasoline volatility
standard.6 7 8
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    \6\ Effective on June 15, 2004, the nonattainment area for the
Triangle Area for the 1997 ozone NAAQS was expanded from Durham and
Wake Counties, and the Dutchville Township portion of Granville
County, to also include Franklin, Johnston, Orange, and Person
Counties, and the remainder of Granville County and Baldwin, Center,
New Hope and Williams Townships in Chatham County. See 69 FR 23857.
    \7\ On December 26, 2007 the Triangle Area was redesignated to
attainment for the 1997 8-hour ozone NAAQS. See 72 FR 72948.
    \8\ Effective on July 20, 2012, the same counties were
designated as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088.
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    On March 27, 2013, the State of North Carolina, through the North
Carolina Department of Environment, and Natural Resources (NC DENR),
submitted a request for the EPA to relax the Federal RVP requirement of
7.8 psi in Wake and Durham Counties, and the Dutchville Township
portion of Granville County that was originally included in the 1-hour
ozone nonattainment area. The State also submitted a technical analysis
which demonstrated that the less-stringent RVP in these counties would
not interfere with continued maintenance of the 1997 8-hour ozone NAAQS
or any other applicable standard. Specifically, the State updated the
10-year maintenance plan that was submitted for the Triangle 1997 8-
hour ozone maintenance area under section 175A of the CAA. As required,
this section 175A maintenance plan provided for continued attainment
and maintenance of the 1997 8-hour ozone NAAQS for at least 10 years
from the EPA's redesignation of the area from nonattainment to
attainment for the 1997 8-hour ozone NAAQS. This plan also included
components demonstrating how the area will continue to attain the 1997
8-hour ozone NAAQS, and provided contingency measures should the area
violate the NAAQS. North Carolina's previous ozone redesignation
requests and maintenance plans for this area did not remove the 7.8 psi
RVP standard. See 72 FR 72948 (December 26, 2007).
    As mentioned above, on March 27, 2013, NC DENR submitted changes to
the 175A maintenance plan for the Triangle Area. North Carolina's March
27, 2013, SIP revision modifies the existing section 175A maintenance
plan to account for a less stringent applicable RVP gasoline
requirement of 9.0 psi for the Triangle Area. Specifically, North
Carolina's March 27, 2013, SIP revision included an evaluation of the
impact that the removal of the 7.8 psi RVP requirement would have on
maintenance of the 1997 and 2008 ozone standards, and on other
applicable NAAQS. The EPA evaluated North Carolina's March 27, 2013,
SIP revision in a previous rulemaking that was subject to public
notice-and-comment, and no adverse comments and one supportive comment
were received on that proposed action. The EPA approved North
Carolina's March 27, 2013, SIP revision on January 2, 2014. See 79 FR
47. In this action, based on the EPA's previous approval of North
Carolina's March 27, 2013, SIP revision, and the fact that the Triangle
Area is currently attaining all ozone NAAQS, the EPA is approving North
Carolina's request to relax the RVP standard for Wake and Durham
Counties, and a portion of Granville County in North Carolina from 7.8
psi to 9.0 psi from June 1 through September 15 of each year.

B. EPA's Analysis of North Carolina's Requests To Relax the Federal RVP
Requirement in the Triad Area

    On November 6, 1991, the EPA designated Davidson, Forsyth and
Guilford counties in their entirety and the portion of Davie County
bounded by the Yadkin River, Dutchmans Creek, North Carolina Highway
801, Fulton Creek and back to Yadkin River in the Triad Area as a
Moderate nonattainment area for the 1-hour ozone NAAQS. See 56 FR 56694
(November 6, 1991). Among the requirements applicable to nonattainment
areas for the 1-hour ozone NAAQS was the requirement to meet certain
RVP standards for gasoline sold commercially during the ozone season.
See 55 FR 23658 (June 11, 1990). Thus, the RVP requirement for gasoline
sold in the Triad Area was 7.8 psi from June 1 through September 15 of
each year. On April 18, 1994, the Triad Area was redesignated to
attainment for the 1-hour ozone standard. See 59 FR 18300. North
Carolina's redesignation request for the Triad Area did not include a
request for the relaxation of the gasoline volatility
standard.9 10 11 12
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    \9\ Effective June 15, 2004 for the 1997 ozone NAAQS, the Triad
Area was designated as nonattainment with a deferred effective date
as part of the Early Action Compact (EAC) program. As part of this
action the Triad Area was expanded to include the entire county of
Davie, and Alamance, Caswell, Randolph, and Rockingham Counties in
their entirety. See 69 FR 23857.
    \10\ For more information on the EAC program, see, http://www.epa.gov/airquality/eac/fs20080331_eac.html.
    \11\ The Triad Area attained the 1997 ozone NAAQS and on
February 2, 2008, the EPA finalized an action for 13 nonattainment
areas with deferred effective dates, including the Triad Area,
designating these areas attainment for the 1997 8-hour ozone NAAQS.
However, as a former 1-hour ozone maintenance area the Triad Area
was required to submit a 10-year maintenance plan under section
110(a)(1) of the CAA. See 73 FR 17897.
    \12\ Effective July 20, 2012, the Triad Area counties were
designated as unclassifiable/attainment for the 2008 8-hour ozone
NAAQS. See 77 FR 30088.

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    On April 12, 2013, the State of North Carolina, through NC DENR,
submitted a request for the EPA to relax the Federal RVP requirement of
7.8 psi in Davidson, Forsyth and Guilford Counties and the relevant
portion of Davie County. The State also submitted a technical analysis
which demonstrated that the less-stringent RVP in the aforementioned
counties would not interfere with continued maintenance of the 1997 8-
hour ozone NAAQS or any other applicable standard. Specifically, the
State updated the 10-year maintenance plan that was submitted for the
Triad 1-hour ozone maintenance area under section 110(a)(1) of the CAA
for the 1997 ozone NAAQS.\13\ As required, this section 110(a)(1)
maintenance plan provided for continued attainment and maintenance of
the 1997 8-hour ozone NAAQS for at least 10 years from the effective
date of the area's designation as attainment for the 1997 8-hour ozone
NAAQS. This plan also included components demonstrating how the area
will continue to attain the 1997 8-hour ozone NAAQS, and provided
contingency measures should the area violate the NAAQS. North
Carolina's previous ozone redesignation request and maintenance plan
for this area did not remove the 7.8 psi RVP standard. See 77 FR 3611
(January 25, 2012).
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    \13\ The EPA has determined that redesignated 1-hour ozone
attainment areas that are designated 8-hour ozone attainment areas
may rely on the section 110(a)(1) maintenance plan for purposes of
requesting relaxation of the more stringent volatility standard. 73
FR 8202, 8205 (February 13, 2008).
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    As mentioned above, on April 12, 2013, NC DENR submitted changes to
the section 110(a)(1) maintenance plan for the Triad Area. North
Carolina's April 12, 2013, SIP revision modifies the existing section
110(a)(1) maintenance plan to account for a less stringent applicable
RVP gasoline requirement of 9.0 psi for the area. Specifically, North
Carolina's April 12, 2013, SIP revision included an evaluation of the
impact that the removal of the 7.8 psi RVP requirement would have on
maintenance of the 1997 and 2008 ozone standards, and on other
applicable NAAQS. The EPA evaluated North Carolina's April 12, 2013,
SIP revision in a previous rulemaking that was subject to public
notice-and-comment and no adverse comments and one supportive comment
were received on that proposed action. The EPA approved North
Carolina's April 12, 2013, SIP revision on January 24, 2014. See 79 FR
4082. In this action, based on the previous approval of North
Carolina's April 12, 2013, SIP revision, and the fact that the Triad
Area is currently attaining all ozone NAAQS, the EPA is approving North
Carolina's request to relax the high ozone season RVP standard for
Davidson, Forsyth and Guilford Counties and a portion of Davie County
from 7.8 psi to 9.0 psi.

VII. Final Action

    The EPA is taking direct final action to approve requests from
Florida and North Carolina for the EPA to relax the RVP applicable to
gasoline introduced into commerce from June 1 to September 15 of each
year in six counties in Florida, and in the counties of the Triangle
and Triad Areas in North Carolina. Specifically, this action amends the
applicable RVP standard from 7.8 psi to 9.0 psi provided at 40 CFR
80.27(a)(2) for Broward, Dade, Duval, Hillsborough, Palm Beach and
Pinellas counties in Florida; Wake and Durham Counties, and a portion
of Dutchville Township in Granville County in the Triangle Area in
North Carolina; and Davidson, Forsyth and Guilford Counties and a
portion of Davie County in the Triad Area.
    The EPA is making these revisions without prior proposal because
the Agency views these revisions as noncontroversial and anticipates no
adverse comment. However, in the Proposed Rules section of this Federal
Register publication, the EPA is publishing a separate document that
will serve as the proposal to approve these revisions to the RVP
standards that apply in Florida and in the North Carolina Triangle and
Triad Areas should adverse comments be filed. This rule will become
effective May 30, 2014 without further notice unless the Agency
receives adverse comments by April 30, 2014.
    If the EPA receives adverse comment on the rule or any portion of
the rule, the Agency will withdraw the direct final rule or the portion
of the rule that received adverse comment. The EPA will publish a
timely withdrawal in the Federal Register indicating which provisions
will become effective and which provisions are being withdrawn. All
public comments received will then be addressed in a subsequent final
rule based on the proposed rule. The EPA will not institute a second
comment period on the subsequent final action. Any parties interested
in commenting must do so at this time. If no such comments are
received, the public is advised that this rule will become effective on
May 30, 2014 and no further action will be taken on the proposed rule.

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    As of January 24, 2014, the Office of Management and Budget (OMB),
determined that this action is not a ``significant regulatory action''
under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993)
and is therefore not subject to review under Executive Orders 12866 and
13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq., and therefore is not subject to these requirements.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the Agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are refiners, importers
or blenders of gasoline that choose to produce or import low RVP
gasoline for sale in the Florida and North Carolina areas and gasoline
distributors and retail stations in those areas.

    This action will relax the federal RVP standard for gasoline sold
in portions of Florida and North Carolina, during the ozone control
season (June 1 to September 15), from 7.8 psi to 9.0 psi, and is
therefore expected not to have a significant economic impact on a
substantial number of small entities. The rule does not impose any
requirements or create impacts on small entities beyond those, if any,
already required by or resulting from the CAA Section 211(h) Volatility
Control program.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector of $100 million
or more in any one year. Before promulgating an EPA rule for which a
written statement is needed, section 205 of the UMRA generally requires
EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost effective or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows the EPA to adopt an
alternative other than the least costly, most cost-effective or least
burdensome alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted. Before the
EPA establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying affected small
governments, enabling officials of affected small governments to have
meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
    The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Today's final rule affects portions of Florida
and North Carolina of which the EPA estimates lower fuel costs as a
result of this action, therefore reducing cost on businesses and
consumers. Today's final rule, therefore, is not subject to the
requirements of sections 202 and 205 of the UMRA. The EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. As discussed
above, the rule relaxes an existing standard and affects only the
gasoline industry.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 August
10, 1999), requires the EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
    ``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires the EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This rule does not
have tribal implications, as specified in Executive Order 13175.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, Apr. 23, 1997) applies to
any rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the Agency must evaluate the environmental health or
safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    This rule is not subject to the Executive Order because it is not
economically significant as defined in Executive Order 12866, and
because the Agency does not have reason to believe the environmental
health or safety risks addressed by this action present a
disproportionate risk to children.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards. This action does not involve technical standards. Therefore,
the EPA did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629, Feb. 16, 1994) establishes
federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high

and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    The EPA has determined that this rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the applicable 8-hour ozone NAAQS which establish the level of
protection provided to human health or the environment. This rule will
relax the applicable volatility standard of gasoline during the summer
possibly resulting in slightly higher mobile source emissions. However,
Florida and North Carolina have demonstrated in maintenance plans that
this action will not interfere with attainment of the 8-hour ozone
NAAQS and therefore disproportionately high and adverse human health or
environmental effects on minority or low-income populations are not an
anticipated result.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the Agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this rule and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a major rule as defined by 5
U.S.C. section 804(2). This rule will become effective May 30, 2014
unless the EPA receives adverse written comments by April 30, 2014.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 30, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. Parties with objections to this direct final
rule are encouraged to file a comment in response to the parallel
notice of proposed rulemaking for this action published in the Proposed
Rules section of today's Federal Register, rather than file an
immediate petition for judicial review of this direct final rule, so
that the EPA can withdraw this direct final rule and address the
comment in the proposed rulemaking. This action may not be challenged
later in proceedings to enforce its requirements. See section
307(b)(2).

IX. Legal Authority and Statutory Provisions

    Authority for this final action is in sections 211(h) and 301(a) of
the CAA, 42 U.S.C. 7545(h) and 7601(a).

List of Subjects in 40 CFR Part 80

    Environmental protection, Administrative practice and procedures,
Air pollution control, Fuel additives, Gasoline, Motor vehicle and
motor vehicle engines, Motor vehicle pollution, Penalties, Reporting
and recordkeeping requirements.

    Dated: March 19, 2014.
Gina McCarthy,
Administrator.

    Title 40, chapter I, part 80 of the Code of Federal Regulations is
amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority:  42 U.S.C. 7414, 7545 and 7601(a).

0
2. In Sec.  80.27(a)(2)(ii), the table is amended by:
0
a. Revising the entry for Florida;
0
b. Revising the entry for North Carolina; and
0
c. Adding footnotes 5, 6, and 7.
    The revisions and additions read as follows:

Sec.  80.27  Controls and prohibitions on gasoline volatility.

    (a) * * *
    (2) * * *
    (ii) * * *

                               Applicable Standards \1\ 1992 and Subsequent Years
----------------------------------------------------------------------------------------------------------------
              State                     May            June            July           August         September
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Florida.........................             9.0             9.0             9.0             9.0             9.0
Southeast Florida, Tampa Bay and             9.0             9.0             9.0             9.0             9.0
 Jacksonville \5\...............

                                                  * * * * * * *
North Carolina:
    Triad \6\...................             9.0             9.0             9.0             9.0             9.0
    Triangle \7\................             9.0             9.0             9.0             9.0             9.0
    All other volatility                     9.0             7.8             7.8             7.8             7.8
     nonattainment areas........

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
\5\ The standard for Broward, Dade, Duval, Hillsborough, Palm Beach and Pinellas Counties from June 1 until
  September 15 in 1992 through 2013 was 7.8 psi.
\6\ The standard for Davidson, Forsyth and Guilford Counties and a portion of Davie County from June 1 until
  September 15 in 1992 through 2013 was 7.8 psi.
\7\ The standard for Durham and Wake Counties, and a portion of Dutchville Township in Granville County from
  June 1 until September 15 in 1992 through 2013 was 7.8 psi.

* * * * *
[FR Doc. 2014-06863 Filed 3-28-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 11, 2006 (Volume 71, Number 69)]
[Notices]
[Page 18325]
[DOCID:fr11ap06-94]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD06-6-000; Docket No. RM01-10-005; Docket No. RM05-30-000
\1\]

Joint Meeting of the Nuclear Regulatory Commission and the
Federal Energy Regulatory Commission; Interpretative Order Relating to
the Standards of Conduct; Rules Concerning Certification of the
Electric Reliability Organization; Notice of Joint Meeting of the
Nuclear Regulatory Commission and the Federal Energy Regulatory
Commission

April 3, 2006.
    The Federal Energy Regulatory Commission (FERC) and the Nuclear
Regulatory Commission (NRC) will hold a joint meeting on April 24,
2006, in Room 2C, 888 First Street, NE., Washington, DC 20426. The
meeting is expected to begin at 2 p.m. (EDT) and conclude at 4 p.m. All
interested persons are invited to attend.
---------------------------------------------------------------------------

    \1\ The Commission does not anticipate any decisions being made
in either of these rulemaking dockets at this meeting; however, as
both rulemakings may be discussed, the Commission is noticing both
dockets to ensure no violation of the Government in the Sunshine Act
requirements occurs.
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Purpose of Joint Meeting

    The NRC and FERC signed a Memorandum of Agreement on September 1,
2004, to facilitate interactions between the two agencies on matters of
mutual interest pertaining to the nation's electric power grid
reliability and related implementation activities based on the August
14, 2003, outage recommendations by the U.S.-Canada Power System Task
Force. Both agencies have ongoing matters that are relevant to the
April 24 joint meeting. The purpose of the joint meeting is to continue
the dialog between the two agencies in furtherance of the goals set
forth in the Memorandum of Agreement, especially in light of the
concurrent matters involving offsite power,\2\ and to explore the most
effective role of each agency in addressing grid reliability issues
and, thereby, to ensure an integrated approach in accomplishing their
respective missions.
---------------------------------------------------------------------------

    \2\ On February 1, 2006, the NRC issued Generic Letter 2006-002,
Grid Reliability and the Impact on Plant Risk and the Operability of
Offsite Power, OMB No. 3150-0011. On February 16, 2006, in Docket
No. RM01-10-005, FERC issued Interpretive Order Relating to the
Standards of Conduct for Transmission Providers, 114 FERC ] 61,155
(2006).
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Format for Joint Meeting

    The format for the joint meeting will be discussions between the
two sets of commissioners following presentations by their respective
staffs, as set forth in the agenda below. There will not be industry
presentations.

Agenda

Opening Remarks by FERC Chairman Kelliher, NRC Chairman Diaz and
Commissioners

    Brief presentations by NRC Staff on effects of grid reliability on
nuclear power plants and projected additions of new nuclear reactors to
the grid and by FERC Staff on grid reliability and the Electric
Reliability Organization proceeding.

Discussion

    Brief presentations by NRC Staff on reactor regulation and
oversight including adopting and revising standards and by FERC Staff
on new responsibilities under the Energy Policy Act of 2005.

Discussion

    Brief presentations/updates by NRC Staff on Generic Letter and by
FERC Staff on Interpretive Order Proceeding.

Discussion

Closing Remarks by NRC Chairman Diaz, FERC Chairman Kelliher and
Commissioners

* * * * *
    A free webcast of this event is available through http://www.ferc.gov.
 Anyone with Internet access who desires to view this

event can do so by navigating to http://www.ferc.gov's Calendar of

Events and locating this event in the Calendar. The event will contain
a link to its webcast. The Capitol Connection provides technical
support for the webcasts and offers access to the meeting via phone
bridge for a fee. If you have any questions, visit http://www.CapitolConnection.org
 or contact Danelle Perkowski or David

Reininger at<PHONE_NUMBER>.
    Transcripts of the meeting will be available immediately for a fee
from Ace Reporting Company<PHONE_NUMBER> or 1-800-336-6646). They will
be available for free on the Commission's eLibrary system and on the
events calendar approximately one week after the meeting.
    FERC conferences and meetings are accessible under section 508 of
the Rehabilitation Act of 1973. For accessibility accommodations please
send an e-mail to<EMAIL_ADDRESS>or call toll free (866) 208-
3372 (voice) or<PHONE_NUMBER> (TTY), or send a fax to<PHONE_NUMBER> with
the required accommodations.
    All interested persons are invited. Pre-registration is not
required and there is no fee to attend this joint meeting. Questions
about the meeting should be directed to Mary Kipp at<EMAIL_ADDRESS>or by phone at<PHONE_NUMBER>.

Magalie R. Salas,
Secretary.
[FR Doc. E6-5291 Filed 4-10-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51123-51125]
[FR Doc No: 2015-20720]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 232

[Release Nos. 33-9874; 34-75586; 39-2505; IC-31735]

Adoption of Updated EDGAR Filer Manual

AGENCY: Securities and Exchange Commission.

ACTION: Final rule.

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SUMMARY: The Securities and Exchange Commission (the Commission) is
adopting revisions to the Electronic Data Gathering, Analysis, and
Retrieval System (EDGAR) Filer Manual and related rules to reflect
updates to the EDGAR system. The updates are being made primarily to
add new NRSRO submission form types for Nationally Recognized
Statistical Rating Organization filers; add new applicant types for
filers to select when completing the process to apply for EDGAR access
(New) on the EDGAR Filer Management Web site; make a documentation only
change to Chapter 3, ``Index to Forms,'' of the ``EDGAR Filer Manual,
Volume II: EDGAR Filing,'' to update submission form types SF-1 and SF-
3; and make documentation only changes to ``EDGAR Filer Manual, Volume
I: General Information'' for compliance with Section 508 of the U.S.
Rehabilitation Act. The EDGAR system is scheduled to be upgraded to
support this functionality on August 3, 2015. The Filer Manual is also
being revised to address software changes made previously in EDGAR. On
June 18, 2015, the Regulation A submission form types DOS, DOS/A, 1-A,
1-A/A, 1-A POS, 1-K, 1-K/A, 1-Z, and 1-Z/A in the EDGAR system were
modified to display OMB information. On June 29, 2015, the Regulation A
submission form types DOS, DOS/A, 1-A, 1-A/A and 1-A POS in the EDGAR
system were updated to allow filers to optionally enter values in the
``Name of Class (if any),'' ``CUSIP (if any)'' and ``Name of Trading
Center or Quotation Medium (if any)'' field if a value of zero was
provided in the ``Units Outstanding'' field for the Common Equity,
Preferred Equity, and Debt Securities; and Item 6(e) was updated to
Item 6(d) on ``Item 6: Unregistered Securities Issued or Sold Within
One Year'' for Regulation A submission form types DOS, DOS/A, 1-A, 1-A/
A, and 1-A POS. Additionally, Item 6(d) was updated to optionally allow
a response if ``None'' is selected on ``Item 6: Unregistered Securities
Issues or Sold Within One Year.''

DATES: Effective August 24, 2015. The incorporation by reference of the
EDGAR Filer Manual is approved by the Director of the Federal Register
as of August 24, 2015

FOR FURTHER INFORMATION CONTACT: In the Division of Trading and
Markets, for questions concerning Form NRSRO, contact Kathy Bateman at
(202) 551-4345, in the Division of Corporation Finance, for questions
concerning Regulation A submission form types, contact Heather
Mackintosh at<PHONE_NUMBER>, and in the Office of Information
Technology, contact Tammy Borkowski at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: We are adopting an updated EDGAR Filer
Manual, Volume I and Volume II. The Filer Manual describes the
technical formatting requirements for the preparation and submission of
electronic filings through the EDGAR system.\1\ It also describes the
requirements for filing using EDGARLink Online and the Online Forms/XML
Web site.
---------------------------------------------------------------------------

    \1\ We originally adopted the Filer Manual on April 1, 1993,
with an effective date of April 26, 1993. Release No. 33-6986 (April
1, 1993) [58 FR 18638]. We implemented the most recent update to the
Filer Manual on June 15, 2015. See Release No. 33-9849 (June 29,
2015) [80 FR 36913].
---------------------------------------------------------------------------

    The revisions to the Filer Manual reflect changes within Volume I
entitled EDGAR Filer Manual, Volume I: ``General Information,'' Version
22 (August 2015), and Volume II entitled EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 33 (August 2015). The updated manual will be
incorporated by reference into the Code of Federal Regulations.
    The Filer Manual contains all the technical specifications for
filers to submit filings using the EDGAR system. Filers must comply
with the applicable provisions of the Filer Manual in order to assure
the timely acceptance and processing of filings made in electronic
format.\2\ Filers may consult the Filer Manual in conjunction with our
rules governing mandated electronic filing when preparing documents for
electronic submission.\3\
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    \2\ See Rule 301 of Regulation S-T (17 CFR 232.301).
    \3\ See Release No. 33-9849 in which we implemented EDGAR
Release 15.2. For additional history of Filer Manual rules, please
see the cites therein.
---------------------------------------------------------------------------

    The EDGAR system will be upgraded to Release 15.2.2 on August 3,
2015 and will introduce the following changes:
    Form NRSRO filers must now use the following new submission form
types available on EDGARLink Online to electronically submit their
filings via EDGAR:

 NRSRO-UPD--Update of Registration
 NRSRO-CE--Annual Certification
 NRSRO-CE/A--Amendment to Annual Certification
 NRSRO-FR--Annual Financial Reports (Rule 17g-3)
 NRSRO-FR/A--Amendment to Annual Financial Reports (Rule 17g-3)
 NRSRO-WCLS--Withdrawal from Credit Rating Class
 NRSRO-WREG--Withdrawal from Registration
    These submission form types can be accessed by selecting the
`EDGARLink Online Form Submission' link on the EDGAR Filing Web site.
Additionally, filers may construct XML submissions for these submission
form types by following the ``EDGARLink Online XML Technical
Specification'' document available on the SEC's Public Web site (http://www.sec.gov/info/edgar.shtml).
    Filers will now be able to select the following new Applicant
Types, when completing the process to apply for EDGAR access (New) on
the EDGAR Filer Management Web site:

 Nationally Recognized Statistical Rating Organization
 Security-Based Swap Data Repository
 Security-Based Swap Dealer and Major Security-Based Swap
Participant
 Security-Based Swap Execution Facility

    A documentation only change was made to Chapter 3, ``Index to
Forms,'' of the ``EDGAR Filer Manual, Volume II: EDGAR Filing,'' to
update submission form types SF-1 and SF-3 in Table 3-1, ``Securities
Act Submission Types Accepted by EDGAR.''
    Documentation only changes were made to ``EDGAR Filer Manual,
Volume I: General Information'' for compliance with Section 508 of the
U.S. Rehabilitation Act.
    The Filer Manual is also being revised to address software changes
made previously in EDGAR. On June 18, 2015, EDGAR Release <IP_ADDRESS>
introduced the following changes:
    Regulation A submission form types DOS, DOS/A, 1-A, 1-A/A, 1-A POS,
1-K, 1-K/A 1-Z, and 1-Z/A were modified to display updated OMB
Information. The Regulation A screens in Chapter 9 of ``EDGAR Filer
Manual Volume II: EDGAR Filing'' were updated with OMB Information.
    On June 29, 2015, EDGAR Release 15.2.e.3 introduced the following
changes:
    Regulation A submission form types DOS, DOS/A, 1-A, 1-A/A, and 1-A
POS were updated to allow filers to optionally enter values in the
following fields if a value of zero was provided in the ``Units
Outstanding'' field for the three types of securities: Common Equity,
Preferred Equity, and Debt Securities:

 Name of Class (if any)
 CUSIP (if any)
 Name of Trading Center or Quotation Medium (if any)

    Item 6(e) was updated to Item 6(d) on ``Item 6: Unregistered
Securities Issued or Sold Within One Year'' for Regulation A submission
form types DOS, DOS/A, 1-A, 1-A/A, and 1-A POS. Additionally, Item 6(d)
was updated to optionally allow a response if ``None'' is selected on
``Item 6: Unregistered Securities Issued or Sold Within One Year.''
    Along with the adoption of the Filer Manual, we are amending Rule
301 of Regulation S-T to provide for the incorporation by reference
into the Code of Federal Regulations of today's revisions. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
    The updated EDGAR Filer Manual will be available for Web site
viewing and printing; the address for the Filer Manual is http://www.sec.gov/info/edgar.shtml. You may also obtain paper copies of the
EDGAR Filer Manual from the following address: Public Reference Room,
U.S. Securities and Exchange Commission, 100 F Street NE., Washington,
DC 20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m.
    Since the Filer Manual and the corresponding rule changes relate
solely to agency procedures or practice, publication for notice and
comment is not required under the Administrative Procedure Act
(APA).\4\ It follows that the requirements of the Regulatory
Flexibility Act \5\ do not apply.
---------------------------------------------------------------------------

    \4\ 5 U.S.C. 553(b).
    \5\ 5 U.S.C. 601--612.
---------------------------------------------------------------------------

    The effective date for the updated Filer Manual and the rule
amendments is August 24, 2015. In accordance with the APA,\6\ we find
that there is good cause to establish an effective date less than 30
days after publication of these rules. The EDGAR system upgrade to
Release 15.2.2 is scheduled to become available on August 3, 2015. The
Commission believes that establishing an effective date less than 30
days after publication of these rules is necessary to coordinate the
effectiveness of the updated Filer Manual with the system upgrade.
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    \6\ 5 U.S.C. 553(d)(3).
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Statutory Basis

    We are adopting the amendments to Regulation S-T under Sections 6,
7, 8, 10, and 19(a) of the Securities Act of 1933,\7\ Sections 3, 12,
13, 14, 15, 23, and 35A of the Securities Exchange Act of 1934,\8\
Section 319 of the Trust Indenture Act of 1939,\9\ and Sections 8, 30,
31, and 38 of the Investment Company Act of 1940.\10\
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    \7\ 15 U.S.C. 77f, 77g, 77h, 77j, and 77s(a).
    \8\ 15 U.S.C. 78c, 78l, 78m, 78n, 78o, 78w, and 78ll.
    \9\ 15 U.S.C. 77sss.
    \10\ 15 U.S.C. 80a-8, 80a-29, 80a-30, and 80a-37.
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List of Subjects in 17 CFR Part 232

    Incorporation by reference, Reporting and recordkeeping
requirements, Securities.

Text of the Amendment

    In accordance with the foregoing, Title 17, Chapter II of the Code
of Federal Regulations is amended as follows:

PART 232--REGULATION S-T--GENERAL RULES AND REGULATIONS FOR
ELECTRONIC FILINGS

0
1. The authority citation for Part 232 continues to read in part as
follows:

    Authority:  15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s(a), 77z-3,
77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), 78w(a), 78ll, 80a-6(c),
80a-8, 80a-29, 80a-30, 80a-37, and 7201 et seq.; and 18 U.S.C. 1350,
unless otherwise noted.
* * * * *
0
2. Section 232.301 is revised to read as follows:

Sec.  232.301  EDGAR Filer Manual.

    Filers must prepare electronic filings in the manner prescribed by
the EDGAR Filer Manual, promulgated by the Commission, which sets out
the technical formatting requirements for electronic submissions. The
requirements for becoming an EDGAR Filer and updating company data are
set forth in the updated EDGAR Filer Manual, Volume I: ``General
Information,'' Version 22 (August 2015). The requirements for filing on
EDGAR are set forth in the updated EDGAR Filer Manual, Volume II:
``EDGAR Filing,'' Version 33 (August 2015). Additional provisions
applicable to Form N-SAR filers are set forth in the EDGAR Filer
Manual, Volume III: ``N-SAR Supplement,'' Version 4 (October 2014). All
of these provisions have been incorporated by reference into the Code
of Federal Regulations, which action was approved by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. You must comply with these requirements in

order for documents to be timely received and accepted. The EDGAR Filer
Manual is available for Web site viewing and printing; the address for
the Filer Manual is http://www.sec.gov/info/edgar.shtml. You can obtain
paper copies of the EDGAR Filer Manual from the following address:
Public Reference Room, U.S. Securities and Exchange Commission, 100 F
Street NE., Washington, DC 20549, on official business days between the
hours of 10:00 a.m. and 3:00 p.m. You can also inspect the document at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    By the Commission.

    Dated: August 3, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-20720 Filed 8-21-15; 8:45 am]
 BILLING CODE 8011-01-P