[Federal Register Volume 80, Number 112 (Thursday, June 11, 2015)]
[Notices]
[Pages 33333-33334]
[FR Doc No: 2015-14256]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2015-0041; Notice 1]

Tireco, Inc., Receipt of Petition for Decision of Inconsequential
Noncompliance

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Receipt of petition.

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SUMMARY: Tireco, Inc., (Tireco) has determined that certain Tireco
replacement tires do not fully comply with paragraph S6.5(b) of Federal
Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for
Motor Vehicles with a GVWR of More than 4,536 Kilograms (10,000 pounds)
and Motorcycles. Tireco has filed an appropriate report dated March 30,
2015, pursuant to 49 CFR part 573, Defect and Noncompliance
Responsibility and Reports.

DATES: The closing date for comments on the petition is July 13, 2015.

ADDRESSES: Interested persons are invited to submit written data,
views, and arguments on this petition. Comments must refer to the
docket and notice number cited at the beginning of this notice and
submitted by any of the following methods:
     Mail: Send comments by mail addressed to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.
     Hand Deliver: Deliver comments by hand to: U.S. Department
of Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590. The
Docket Section is open on weekdays from 10 a.m. to 5 p.m. except
Federal Holidays.
     Electronically: Submit comments electronically by: logging
onto the Federal Docket Management System (FDMS) Web site at http://www.regulations.gov/. Follow the online instructions for submitting
comments. Comments may also be faxed to<PHONE_NUMBER>.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were

received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000, (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.

SUPPLEMENTARY INFORMATION:
    I. Tireco's Petition: Pursuant to 49 U.S.C. 30118(d) and 30120(h)
(see implementing rule at 49 CFR part 556), Tireco submitted a petition
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety.
    This notice of receipt of Tireco's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    II. Tires Involved: Affected are approximately 1,600 Tireco brand
Power King Traction size 8.25-20E/10, Power King Traction size 9.00-20
E/10, Milestar Traction size 8.25-20 E/10, and Milestar Traction size
9.00-20 E/10 replacement tires. These tires were manufactured between
March 1, 2014 and March 22, 2015.
    III. Noncompliance: Tireco explains that the noncompliance is that
the Tire Information Numbers (TINs) required to be marked on the tire
sidewalls by paragraph S6.5(b) of FMVSS No. 119 are incomplete because
they do not include the tire size codes required by 49 CFR part
574.5(b).
    IV. Rule Text: Paragraph S6.5 of FMVSS No. 119 requires in
pertinent part:

    S6.5 Tire Markings. Except as specified in this paragraph, each
tire shall be marked on each sidewall with the information in
paragraph (a) through (j) of this section. The markings shall be
placed between the maximum section width (exclusive of sidewall
decorations or curb ribs) and the bead on at least one sidewall,
unless the maximum section width of the tire is located in an area
which is not more than one-fourth of the distance from the bead to
the shoulder of the tire. If the maximum section width falls within
that area, the markings shall appear between the bead and a point
one-half the distance from the bead to the shoulder of the tire, on
at least one sidewall. The markings shall be in letters and numerals
not less than 2 mm (0.078 inch) high and raised above or sunk below
the tire surface not less than 0.4 mm (0.015 inch), except that the
marking depth shall be not less than 0.25mm (0.010 inch) in the case
of motorcycle tires. The tire identification and the DOT symbol
labeling shall comply with part 574 of this chapter. Markings may
appear on only one sidewall and the entire sidewall area may be used
in the case of motorcycle tires and recreational, boat, baggage, and
special trailer tires . . .
    (b) The tire identification number required by part 574 of this
chapter. This number may be marked on only one sidewall.

    V. Summary of TIRECO's Analyses: Tireco state its belief that the
subject noncompliance is inconsequential to motor vehicle safety for
the following reasons:
    (A) Tireco believes that the absence of the tire size code from the
TIN has no impact on the operational performance of the subject tires
or on the safety of vehicles on which the subject tires are mounted
because the subject tires meet or exceed all of the applicable
performance requirements specified by FMVSS No. 119.
    (B) Tireco states that even though the size code is absent from the
TIN, the tire size information is readily available to consumers in a
more understandable way by virtue of the actual tire size marking on
the sidewalls.
    (C) Tireco also states that in the unlikely event that any of the
subject tires are ever found to contain a defect or a substantive
noncompliance that would warrant a recall, the recalled tires could be
adequately identified through the partial [T]IN that is stamped on the
sidewall.
    (D) Tireco referenced inconsequentiality petitions NHTSA has
previously granted in the past that have addressed what it believes are
similar issues.
    Tireco is not aware of any crashes, injuries, customer complaints,
or field reports associated with the subject noncompliance.
    Tireco has additionally informed NHTSA that the fabricating
manufacturer has corrected the molds at the manufacturing plant so that
no additional tires will be manufactured with the noncompliance.
    In summation, Tireco believes that the described noncompliance of
the subject tires is inconsequential to motor vehicle safety, and that
its petition, to exempt Tireco from providing recall notification of
noncompliance as required by 49 U.S.C. 30118 and remedying the recall
noncompliance as required by 49 U.S.C. 30120 should be granted.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance. Therefore, any decision on
this petition only applies to the subject tires that Tireco no longer
controlled at the time it determined that the noncompliance existed.
However, any decision on this petition does not relieve tire
distributors and dealers of the prohibitions on the sale, offer for
sale, or introduction or delivery for introduction into interstate
commerce of the noncompliant tires under their control after Tireco
notified them that the subject noncompliance existed.

    Authority: (49 U.S.C. 30118, 30120: Delegations of authority at
49 CFR 1.95 and 501.8).

Jeffrey Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2015-14256 Filed 6-10-15; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 83, Number 223 (Monday, November 19, 2018)]
[Notices]
[Page 58271]
[FR Doc No: 2018-25151]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-1042]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0070

AGENCY: Coast Guard, DHS.

ACTION: Sixty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0070,
Vessel Identification System; without change. Our ICR describes the
information we seek to collect from the public. Before submitting this
ICR to OIRA, the Coast Guard is inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before January 18,
2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-1042] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR AVE. SE, STOP 7710, WASHINGTON,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. In response to
your comments, we may revise this ICR or decide not to seek an
extension of approval for the Collection. We will consider all comments
and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2018-1042], and
must be received by January 18, 2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

Information Collection Request

    Title: Vessel Identification System.
    OMB Control Number: 1625-0070.
    Summary: The Coast Guard established a nationwide vessel
identification system (VIS) and centralized certain vessel
documentation functions. VIS provides participating States and
Territories with access to data on vessels numbered by states and
Territories. Participation in VIS is voluntary.
    Need: Title 46 U.S.C. 12501 mandates the establishment of a VIS.
Title 33 CFR part 187 prescribes the requirements of VIS.
    Forms: None.
    Respondents: Governments of States and Territories.
    Frequency: Occasionally.
    Hour Burden Estimate: The estimated burden has increased from 5,168
hours to 5,792 hours a year due to an increase in the estimated annual
number of responses.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter
35, as amended.

    Dated: November 8, 2018.
James D. Roppel,
U.S. Coast Guard, Acting Chief, Office of Information Management.
[FR Doc. 2018-25151 Filed 11-16-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Rules and Regulations]
[Pages 42252-42258]
[FR Doc No: 2023-13754]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2018-0160; FRL-10867-02-R9]

Air Plan Revisions; California; Yolo-Solano Air Quality
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to partially approve and partially disapprove a revision to the
Yolo-Solano Air Quality Management District (YSAQMD) portion of the
California State Implementation Plan (SIP). The revision concerns the
YSAQMD's demonstration regarding reasonably available control
technology (RACT) requirements for the 2008 8-hour ozone National
Ambient Air Quality Standards (NAAQS or ``standards'') in the portion
of the Sacramento Metropolitan nonattainment area under the
jurisdiction of the YSAQMD.

DATES: This rule is effective July 31, 2023.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2018-0160. All documents in the docket are
listed on the https://www.regulations.gov website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (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 through https://www.regulations.gov, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with a
disability who needs a reasonable accommodation at no cost to you,
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section.

FOR FURTHER INFORMATION CONTACT: Eugene Chen, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On April 11, 2023 (88 FR 21572), the EPA proposed to partially
approve and partially disapprove the California Air Resources Board's
(CARB) submittal of the YSAQMD's RACT SIP for the 2008 Ozone National
Ambient Air Quality Standards (NAAQS), as listed in Table 1 below.

                                           Table 1--Submitted Document
----------------------------------------------------------------------------------------------------------------
              Local agency                               Document                     Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
YSAQMD.................................  Reasonably Available Control Technology      09/13/2017      11/13/2017
                                          (RACT) State Implementation Plan (SIP)
                                          Analysis for the 2008 Federal Ozone
                                          Standard (``2017 RACT SIP'').
----------------------------------------------------------------------------------------------------------------

    We proposed to partially approve YSAQMD's 2017 RACT SIP because we
determined that, except for the RACT elements for non-control technique
guideline (CTG) major sources of nitrogen oxides (NOX) and
volatile organic compounds (VOC), it complied with the relevant Clean
Air Act (CAA or ``Act'') requirements. We proposed to partially
disapprove YSAQMD's 2017 RACT SIP because we identified two
deficiencies that would preclude us from fully approving the submittal.
First, we found that District Rule 2.38, ``Standards for Municipal
Solid Waste Landfills,'' which is relied upon to implement RACT for
non-CTG major sources of VOC, has not been submitted for approval into
the SIP, and therefore cannot be used to satisfy RACT requirements.
Second, we found that District Rule 2.43, ``Biomass Boilers,'' which
the District relied upon to implement RACT for non-CTG major sources of
NOX, contains a provision that explicitly exempts affected
units from complying with rule standards during periods of startup and
shutdown and does not provide for an alternative emissions limitation
during such periods. This provision is inconsistent with the EPA's
Startup, Shutdown, and Malfunction (SSM) Policy as defined in the EPA's
2015 SSM SIP Action.\1\ The deficiencies are discussed in more detail
in our proposed action.
---------------------------------------------------------------------------

    \1\ ``State Implementation Plans: Response to Petition for
Rulemaking; Restatement and Update of EPA's SSM Policy Applicable to
SIPs; Findings of Substantial Inadequacy; and SIP Calls to Amend
Provisions Applying to Excess Emissions During Periods of Startup,
Shutdown and Malfunction,'' 80 FR 33839 (June 12, 2015).
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period,
which concluded on May 11, 2023 (April 11, 2023 (88 FR 21572)). We
received one comment letter regarding our proposed action, from the
YSAQMD and dated May 10, 2023. We have summarized substantive adverse
comments included in this comment letter and provided our responses
below. In addition to the substantive comments summarized below, the
District's letter includes information about recent progress it has
made to address deficiencies related to SSM exemptions identified in
Rule 2.43, and comments regarding the EPA's communication to the
District about the identified deficiencies leading up to publication of
the proposed rulemaking.\2\ The District's letter is included in the
docket for this action.
---------------------------------------------------------------------------

    \2\ The District's revisions to Rule 2.43 were submitted by CARB
to the EPA on June 8, 2023 via the State Plan electronic Collection
System (SPeCS).
---------------------------------------------------------------------------

    Comment 1: The YSAQMD asserts that the District's 2017 RACT SIP
identified the Recology Hay Road Landfill and the Yolo County Central
Landfill as major sources of VOC in error. The District states that the
VOC potential to emit (PTE) of each landfill is below the 25 tons per
year (tpy) major source threshold for Severe nonattainment areas, and
therefore not subject to VOC RACT requirements for major sources.
    Response 1: On May 17, 2023, the EPA emailed the District with a
request for further clarification and documentation demonstrating that
the VOC PTE of each landfill was below major source thresholds.\3\ On
May 19, 2023, the District replied with permitting information for each
facility and indicated that, when excluding fugitive landfill emissions
in accordance with EPA guidance, the VOC PTE of the Recology Hay Road
Landfill and Yolo County Central Landfill is 13.04 tpy and 24.7 tpy
respectively, which are below major source thresholds.\4\ Based on this
additional documentation, and for the reasons discussed below, we agree
with the District that the Recology Hay Road

Landfill and Yolo County Central Landfill are not major sources of VOC,
and are therefore not required to implement RACT for VOC.
---------------------------------------------------------------------------

    \3\ Email dated May 17, 2023, from Eugene Chen (EPA) to Paul
Hensleigh (YSAQMD), Subject: ``RACT SIP Comment Letter follow up.''
    \4\ Email dated May 19, 2023, from Paul Hensleigh (YSAQMD) to
Eugene Chen (EPA), Subject: ``Re: RACT SIP Comment Letter follow
up.''
---------------------------------------------------------------------------

    The EPA defines fugitive emissions as ``those emissions which could
not reasonably pass through a stack, chimney, vent, or other
functionally-equivalent opening.'' \5\ A source's fugitive emissions
must be included when determining whether it qualifies as a major
source if the source falls within one of 27 listed source
categories.\6\ Municipal solid waste landfills are not included in this
list of source categories, and as a result are not required to include
fugitive emissions toward major source applicability. Under additional
EPA guidance related to landfills, if a landfill gas collection system
is in operation, or if a landfill gas collection system could
reasonably be designed to collect a landfill's gas emissions, then
those collected emissions are not fugitive and shall be considered in
determining facility PTE.\7\ Both Recology Hay Road and Yolo County
Central Landfill operate with active gas collection systems, and
therefore only the portion of landfill gas that is not collected can be
considered fugitive and excluded from consideration in determining VOC
PTE.
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    \5\ 40 CFR 70.1; 70.2 (title V definitions). This definition
also applies under the NSR program. See 40 CFR 51.165(a)(1)(ix).
    \6\ 40 CFR 70.2; 40 CFR 51.165(a)(1)(iv)(C).
    \7\ Memorandum dated October 21, 1994, from John S. Seitz,
Director, Office of Air Quality Planning and Standards, U.S. EPA, to
EPA Regional Air Directors, Regions I-X, Subject: ``Classification
of Emissions from Landfills for NSR Applicability Purposes.''
---------------------------------------------------------------------------

    The current title V operating permit (Permit No. F-01059-18, issued
November 10, 2022) and statement of basis for the Recology Hay Road
Landfill lists the following emission units and corresponding VOC PTE:
\8\
---------------------------------------------------------------------------

    \8\ See Permit No. F-01059-18, Recology Hay Road Landfill title
V permit, Permit No. F-01059-18, Statement of Basis, and Permit to
Operate, Unit ID P-86-06(a8).

               Table 1--Recology Hay Road Landfill VOC PTE
------------------------------------------------------------------------
          Unit ID               Equipment description     VOC PTE  (tpy)
------------------------------------------------------------------------
P-13-16....................  124-horsepower (hp)                    0.01
                              Caterpillar IC engine
                              (Certified Tier IV engine).
P-14-16(a).................  124-hp Caterpillar IC                  0.01
                              engine (Certified Tier IV
                              engine).
P-28-98(a).................  One (1) 500-gallon                     0.04
                              aboveground gasoline
                              storage tank, one gasoline
                              dispenser (1 nozzle), and
                              one gasoline pressure/
                              vacuum vent valve.
P-51-17....................  Various equipment including            0.01
                              two (2) portable crushers,
                              two (2) portable screens,
                              and two (2) stackers,
                              powered by Off-road
                              engines that also provide
                              propulsion.
P-64-00....................  Petroleum contaminated soil           13.00
                              handling for daily and
                              intermediate cover
                              material.
P-81-10....................  7-acre lined containment               0.01
                              pond and drying areas.
P-85-06(a8)................  Municipal Solid Waste                 24.62
                              landfill not to exceed a
                              total maximum design
                              capacity of 35.6 million
                              cubic yards (17.0 million
                              megagrams).
P-59-21....................  174-hp Caterpillar Engine              0.01
                              (Certified Tier IV engine).
                                                         ---------------
                                Total...................           37.66
                                                         ---------------
                                Total (excluding Unit ID           13.04
                                 P-85-06(a8)).
------------------------------------------------------------------------

    The YSAQMD asserts that the municipal solid waste landfill's 24.62
tpy VOC PTE (Unit ID P-85-06(a8)) consists of landfill fugitive
emissions. Excluding these emissions from consideration towards major
source applicability would result in a facility-wide VOC PTE of 13.04
tpy. Based upon a review of permitting information, we note that while
Unit ID P-86-06(a8) includes fugitive VOC emissions from the landfill,
it also includes VOC emissions from the flaring of landfill gas
captured by the collection system.\9\ We do not consider it appropriate
for VOC emissions from flaring activities to be considered fugitive
since they represent the destruction of collected landfill gas. The
title V permit and statement of basis do not identify the portion of
VOC PTE attributable only to flaring activities, but based on the
physical design and enforceable emission limits applicable to flaring
activities, we estimate the VOC PTE to be 3.67 tpy.\10\ Including this
3.67 tpy VOC PTE results in a facility wide VOC PTE of 16.71 tpy, which
is below the Severe nonattainment area major source threshold of 25
tpy. As a result, we agree that the Recology Hay Road Landfill is not a
major source of VOC, and is not required to implement RACT for VOC.
---------------------------------------------------------------------------

    \9\ Id.
    \10\ Based upon a flare VOC permit limit of 14.1 ppm (@3%
O2) and maximum flare heat rate of 45.6 MMBtu/hr.
---------------------------------------------------------------------------

    The current title V operating permit (Permit No. F-01392-8, issued
March 13, 2018) and statement of basis for the Yolo County Central
Landfill lists the following emission units and corresponding VOC PTE:
\11\
---------------------------------------------------------------------------

    \11\ See Permit F-01392-8, Yolo County Central Landfill title V
permit, Permit No. F-01392-8, Statement of Basis, and Emission
Evaluation C-07-164.

              Table 2--Yolo County Central Landfill VOC PTE
------------------------------------------------------------------------
          Unit ID               Equipment description     VOC PTE  (tpy)
------------------------------------------------------------------------
P-15-05(a).................  Landfill not to exceed max            51.03
                              design capacity of 49
                              million cubic yards.
P-25-07....................  317-hp emergency engine                0.01
                              (Certified Tier III
                              engine).
P-31-10....................  Various equipment for        ..............
                              dewatering and aeration of
                              non hazardous liquid waste
                              with odor potential
                              (NHLWOP).
P-71-06(t).................  157-hp emergency engine                0.01
                              (Certified Tier II engine).
P-49-14....................  Receiving Storage and use    ..............
                              of NHLWOP.
P-90-18....................  In Vessel Digester                     0.93
                              Operation.
P-26-98(t2)................  Negative pressure landfill             2.73
                              gas collection system,
                              landfill gas flare.
P-78-98(t).................  Engine 1A, 805-hp landfill             4.11
                              gas IC engine.
P-79-98(t).................  Engine 2, 805-hp landfill              4.11
                              gas IC engine.

P-80-98(t).................  Engine 3, 805-hp landfill              4.25
                              gas IC engine.
P-81-98(t).................  Engine 4A, 805-hp landfill             4.22
                              gas IC engine.
P-87-98(t).................  Engine 5A, 805-hp landfill             4.22
                              gas IC engine.
P-28-17....................  Concrete crushing plant....  ..............
P-29-17....................  Screening of waste and wood  ..............
                              debris.
P-30-17....................  Grinding and shredding of              0.09
                              waste and wood debris.
                                                         ---------------
                                Total...................            75.7
                                                         ---------------
                                Total (excluding Unit P-            24.7
                                 15-05(a)).
------------------------------------------------------------------------

    The District asserts that the municipal solid waste landfill's
51.03 tpy VOC PTE (Unit ID P-15-05(a)) consists of landfill fugitive
emissions. Excluding these emissions from consideration towards major
source applicability would result in a facility-wide VOC PTE of 24.7
tpy. Based upon a review of permitting information, we agree that the
51.03 VOC PTE attributable to P-15-05(a) are fugitive landfill
emissions, and note that the gas collection system and landfill flare
are accounted for separately as Unit ID P-26-98(t2). With regard to the
other permitted emission units, and in particular the landfill gas
engines that comprise the majority of the non-fugitive VOC PTE, we note
that the facility's title V permit establishes several emission and
operating limits on a per-engine basis, including annual VOC tpy
limits, VOC concentration limits expressed in parts per million (ppm),
and landfill gas fuel usage limitations expressed in million standard
cubic feet per year (MMCF/yr). The title V permit also contains
requirements for annual source testing, recordkeeping of fuel usage and
operating hours, and reporting requirements to ensure the practical
enforceability of emission and operating limits. In addition, the title
V permit establishes a landfill flare VOC emission limit and landfill
gas fuel usage limit for Unit ID P-26-98(t2), and also requires an
annual source test, recordkeeping of landfill gas fuel usage, and for
the flare to be operated within the parameter ranges established during
the most recent source test. We consider these monitoring, reporting,
and recordkeeping requirements to ensure the practical enforceability
of emission limits for the landfill flare. Based upon this information,
we agree with the District that the VOC PTE of the Yolo County Central
Landfill is 24.7 tpy, which is below the Severe nonattainment area
major source threshold of 25 tpy.\12\ As a result, we agree that the
Yolo County Central Landfill is not a major source of VOC, and is not
required to implement RACT for VOC. For this reason, as described
below, we are issuing a final approval of the RACT element for non-CTG
major sources of VOC.
---------------------------------------------------------------------------

    \12\ The 24.7 tpy VOC PTE relies on conservative assumptions
regarding landfill gas usage and accordingly represents an
overestimate of the facility's potential VOC emissions. For example,
the aggregated landfill gas usage limits for the flare and engines
(1,154 MMCF/yr) is greater than the total amount of landfill gas
that is permitted to be collected from the landfill (997.1 MMCF/yr),
per title V Permit No. F-01392-8, Conditions B.69 through B.80.
Since the sum of destroyed landfill gas cannot exceed the total
amount of collected landfill gas, the facility VOC PTE reflects a
certain amount of double-counting. The amount of double-counting
would be difficult to quantify precisely given the variety of
landfill gas destruction scenarios, but as an example, if the
entirety of the collected landfill gas were destroyed by the engines
and not by the landfill flare, then the landfill flare VOC PTE of
2.73 tpy would represent an additional margin between facility PTE
and the major source threshold.
---------------------------------------------------------------------------

    Comment 2: The YSAQMD asserts that even if the landfills subject to
its regulatory authority were major sources of VOC, they are subject to
federally enforceable requirements that implement RACT through a
combination of California's statewide landfill methane regulation (LMR)
and an EPA Federal implementation plan (FIP). The District notes that
the 2017 RACT SIP identifies landfill requirements as federally
enforceable through California's CAA section 111(d) State Plan approved
by the EPA on September 23, 1999. The District asserts that California
later adopted and submitted its statewide LMR for SIP approval and that
the EPA proposed to partially approve the LMR in 2020, and in May 2021
proposed a FIP in 40 CFR part 62 subpart OOO to cover identified
deficiencies in the LMR.
    Response 2: As discussed in our response to the previous comment,
we agree with the District that the Recology Hay Road Landfill and Yolo
County Central Landfill are not major sources of VOC, and are therefore
not required to implement RACT for VOC. As a result, we do not consider
it necessary to address issues regarding implementation of RACT at
these sources. However, we wish to clarify that the EPA's approval of a
performance standards plan under CAA section 111(d) is different from
approval of a SIP submittal under CAA section 110. Thus, while we have
issued both a final partial approval/partial disapproval of the
California LMR \13\ and a final rule promulgating a partial Federal
plan for municipal solid waste landfills under CAA section 111(d),\14\
we have not approved these landfill rules as a SIP revision under CAA
section 110(k) or issued a FIP under CAA section 110(c), and we are
unaware of any pending state submittal of the LMR or District landfill
VOC RACT rules for SIP approval. The EPA's SIP approval of RACT-level
control rules for landfills regulated by the District would ensure that
any future major source landfills in the area meet RACT requirements.
We invite the District or CARB to discuss this option further with the
EPA.
---------------------------------------------------------------------------

    \13\ 85 FR 1121 (January 8, 2020).
    \14\ 86 FR 27756 (May 21, 2021).
---------------------------------------------------------------------------

III. EPA Action

    As discussed in Section II of this preamble above, we received a
public comment from the YSAQMD providing additional information
relevant to our proposed disapproval of the RACT element for non-CTG
major sources of VOC. The basis for our proposed disapproval was the
lack of enforceable SIP requirements implementing VOC RACT for two
municipal solid waste landfills that the 2017 RACT SIP identified as
non-CTG major sources of VOC. Based upon the District's comment letter
and additional information, we no longer consider these two municipal
solid waste landfills to be major VOC sources, and therefore find that
these sources are not

required to implement VOC RACT. As a result, the only District rule
relied upon to implement RACT for non-CTG major sources of VOC is Rule
2.41, ``Expandable Polystyrene Manufacturing Operations,'' which
implements limits VOC emissions from manufacture of expandable
polystyrene products. As discussed in our April 11, 2023 (88 FR 21572)
proposed action, Rule 2.41 implements RACT. We are therefore issuing a
final approval of the RACT element for non-CTG major sources of VOC.
This represents the only change from our proposed action, as summarized
in Table 3 of this preamble below.

                                                    Table 3--List of RACT Elements--2008 Ozone NAAQS
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   District rule      Negative declaration
        CTG document No.                 RACT element            implementing RACT          submitted        EPA proposed action     EPA final action
--------------------------------------------------------------------------------------------------------------------------------------------------------
EPA-450/R-75-102...............  Design Criteria for Stage I  2.22 (Gasoline          ....................  Approval............  Approval.
                                  Vapor Control--Gasoline      Dispensing
                                  Service Stations.            Facilities).
EPA-450/2-77-008...............  Surface Coating of Cans....  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of Coils...  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of Paper...  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of Fabric..  ......................  Yes.................  None \a\............  None.\a\
EPA-450/2-77-008...............  Surface Coating of           ......................  Yes.................  None \a\............  None.\a\
                                  Automobiles and Light-Duty
                                  Trucks.
EPA-450/2-77-022...............  Solvent Metal Cleaning.....  2.31 (Solvent Cleaning  ....................  Approval............  Approval.
                                                               and Degreasing).
EPA-450/2-77-025...............  Refinery Vacuum Producing    ......................  Yes.................  None \a\............  None.\a\
                                  Systems, Wastewater
                                  Separators, and Process
                                  Unit Turnarounds.
EPA-450/2-77-026...............  Tank Truck Gasoline Loading  2.21 (Organic Liquid    ....................  Approval............  Approval.
                                  Terminals.                   Storage and Transfer).
EPA-450/2-77-032...............  Surface Coating of Metal     ......................  Yes.................  None \a\............  None.\a\
                                  Furniture.
EPA-450/2-77-033...............  Surface Coating of           ......................  Yes.................  None \a\............  None.\a\
                                  Insulation of Magnet Wire.
EPA-450/2-77-034...............  Surface Coating of Large     ......................  Yes.................  None \a\............  None.\a\
                                  Appliances.
EPA-450/2-77-035...............  Bulk Gasoline Plants.......  2.21 (Organic Liquid    ....................  Approval............  Approval.
                                                               Storage and Transfer).
EPA-450/2-77-036...............  Storage of Petroleum         ......................  Yes.................  None \a\............  None.\a\
                                  Liquids in Fixed-Roof
                                  Tanks.
EPA-450/2-77-037...............  Cutback Asphalt............  2.28 (Cutback and       ....................  Approval............  Approval.
                                                               Emulsified Asphalts).
EPA-450/2-78-015...............  Surface Coating of           2.25 (Metal Parts and   ....................  Approval............  Approval.
                                  Miscellaneous Metal Parts    Products Coating
                                  and Products.                Operations).
EPA-450/2-78-029...............  Manufacture of Synthesized   ......................  Yes.................  None \a\............  None.\a\
                                  Pharmaceutical Products.
EPA-450/2-78-030...............  Manufacture of Pneumatic     ......................  Yes.................  None \a\............  None.\a\
                                  Rubber Tires.
EPA-450/2-78-032...............  Factory Surface Coating of   ......................  Yes.................  None \a\............  None.\a\
                                  Flat Wood Paneling.
EPA-450/2-78-033...............  Graphic Arts-Rotogravure     ......................  Yes.................  None \a\............  None.\a\
                                  and Flexography.
EPA-450/2-78-036...............  Leaks from Petroleum         ......................  Yes.................  None \a\............  None.\a\
                                  Refinery Equipment.
EPA-450/2-78-047...............  Petroleum Liquid Storage in  2.21 (Organic Liquid    ....................  Approval............  Approval.
                                  External Floating Roof       Storage and Transfer).
                                  Tanks.
EPA-450/2-78-051...............  Leaks from Gasoline Tank     2.21 (Organic Liquid    ....................  Approval............  Approval.
                                  Trucks and Vapor             Storage and Transfer).
                                  Collection Systems.
EPA-450/3-82-009...............  Large Petroleum Dry          ......................  Yes.................  None \a\............  None.\a\
                                  Cleaners.
EPA-450/3-83-006...............  Leaks from Synthetic         ......................  Yes.................  None \a\............  None.\a\
                                  Organic Chemical Polymer
                                  and Resin Manufacturing
                                  Equipment.
EPA-450/3-83-007...............  Leaks from Natural Gas/      ......................  Yes.................  None \a\............  None.\a\
                                  Gasoline Processing Plants.
EPA-450/3-83-008...............  Manufacture of High-Density  ......................  Yes.................  None \a\............  None.\a\
                                  Polyethylene,
                                  Polypropylene, and
                                  Polystyrene Resins.
EPA-450/3-84-015...............  Air Oxidation Processes in   ......................  Yes.................  None \a\............  None.\a\
                                  Synthetic Organic Chemical
                                  Manufacturing Industry.
EPA-450/4-91-031...............  Reactor Processes and        ......................  Yes.................  None \a\............  None.\a\
                                  Distillation Operations in
                                  Synthetic Organic Chemical
                                  Manufacturing Industry.
EPA-453/R-96-007...............  Wood Furniture               ......................  Yes.................  None \a\............  None.\a\
                                  Manufacturing Operations.
EPA-453/R-94-032, 61 FR 44050;   ACT Surface Coating at       ......................  Yes.................  None \a\............  None.\a\
 8/27/96.                         Shipbuilding and Ship
                                  Repair Facilities
                                  Shipbuilding and Ship
                                  Repair Operations (Surface
                                  Coating).
EPA-453/R-97-004, 59 FR 29216;   Aerospace MACT and           ......................  Yes.................  None \a\............  None.\a\
 6/06/94.                         Aerospace (CTG & MACT).
EPA-453/R-06-001...............  Industrial Cleaning          2.31 (Solvent Cleaning  ....................  Approval............  Approval.
                                  Solvents.                    and Degreasing).
EPA-453/R-06-002...............  Offset Lithographic          2.29 (Graphic Arts      ....................  Approval............  Approval.
                                  Printing and Letterpress     Printing Operations).
                                  Printing.
EPA-453/R-06-003...............  Flexible Package Printing..  ......................  Yes.................  None \a\............  None.\a\
EPA-453/R-06-004...............  Flat Wood Paneling Coatings  ......................  Yes.................  None \a\............  None.\a\
EPA 453/R-07-003...............  Paper, Film, and Foil        ......................  Yes.................  None \a\............  None.\a\
                                  Coatings.
EPA 453/R-07-004...............  Large Appliance Coatings...  ......................  Yes.................  None \a\............  None.\a\
EPA 453/R-07-005...............  Metal Furniture Coatings...  ......................  Yes.................  None \a\............  None.\a\
EPA 453/R-08-003...............  Miscellaneous Metal Parts    2.25 (Metal Parts and   ....................  Approval............  Approval.
                                  Coatings, Table 2--Metal     Products Coating
                                  Parts and Products.          Operations).
EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 3--Plastic
                                  Parts and Products.
EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 4--
                                  Automotive/Transportation
                                  and Business Machine
                                  Plastic Parts.

EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 5--
                                  Pleasure Craft Surface
                                  Coating.
EPA 453/R-08-003...............  Miscellaneous Plastic Parts  ......................  Yes.................  None \a\............  None.\a\
                                  Coatings, Table 6--Motor
                                  Vehicle Materials.
EPA 453/R-08-004...............  Fiberglass Boat              2.30 (Polyester Resin   ....................  Approval............  Approval.
                                  Manufacturing Materials.     Operations).
EPA 453/R-08-005...............  Miscellaneous Industrial     2.33 (Adhesive          ....................  Approval............  Approval.
                                  Adhesives.                   Operations).
EPA 453/R-08-006...............  Automobile and Light-Duty    ......................  Yes.................  None \a\............  None.\a\
                                  Truck Assembly Coatings.
                                 Non-CTG Major Sources of     2.27 (Large Boilers)..  ....................  Disapproval \b\       Disapproval.\b\
                                  NOX.                        2.32 (Stationary
                                                               Internal Combustion
                                                               Engines).
                                                              2.43 (Biomass Boilers)
                                 Non-CTG Major Sources of     2.41 (Expandable        ....................  Disapproval \c\       Approval.\d\
                                  VOC.                         Polystyrene
                                                               Manufacturing
                                                               Operations).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Previously approved on April 5, 2018 (83 FR 14754).
\b\ As described in greater detail in the Technical Support Document (TSD), the proposed disapproval for the non-CTG major sources of NOX element is
  based in the deficiencies noted in Rule 2.43 (Biomass Boilers).
\c\ As described in greater detail in our TSD, the proposed disapproval for the non-CTG major sources of VOC element is based on the deficiencies noted
  in Rule 2.38 (Standards for Municipal Solid Waste Landfills).
\d\ As described in greater detail in Section II of this preamble, our final action approving the non-CTG major sources of VOC element is based upon the
  fact that Rule 2.41 implements RACT, and that Rule 2.38 is no longer relied upon to implement RACT.

    As authorized in section 110(k)(3) of the Act, the EPA is partially
disapproving the 2017 RACT SIP with respect to the RACT element for
non-CTG major sources of NOX, and partially approving the
remainder of the 2017 RACT SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 740(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to review state choices,
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this final action partially approves and partially
disapproves state law as meeting Federal requirements and does not
impose additional requirements beyond those imposed by State law.
    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.

E. Executive Order 13132: Federalism

    This action 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.

F. Executive Order 13175: Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175, because the SIP is not approved to apply on any
Indian reservation land or in any other area where the EPA or an Indian
tribe has demonstrated that a tribe has jurisdiction, and will not
impose substantial direct costs on tribal governments or preempt tribal
law. Thus, Executive Order 13175 does not apply to this action.

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

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. Therefore, this action is not
subject to Executive Order 13045 because it merely partially approves
and partially disapproves state law as meeting Federal requirements.
Furthermore, the EPA's Policy on Children's Health does not apply to
this action.

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

    This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA 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. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.

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

    Executive Order 12898 (Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
The EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' The EPA further defines the term fair treatment to mean
that ``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The District did not evaluate environmental justice considerations
as part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. The EPA
did not perform an EJ analysis and did not consider EJ in this action.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goals of
Executive Order 12898 of achieving environmental justice for people of
color, low-income populations, and Indigenous peoples.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

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 August 29, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule 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. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: June 22, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the Environmental
Protection Agency amends part 52, chapter I, title 40 of the Code of
Federal Regulations as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(505)(ii)(A)(2) to
read as follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (505) * * *
    (ii) * * *
    (A) * * *
    (2) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) for the 2008 8-Hour Ozone National Ambient
Air Quality Standards (NAAQS) (``Reasonably Available Control
Technology (RACT) State Implementation Plan (SIP) Analysis''), as
adopted on September 13, 2017, except the RACT determination for non-
CTG major sources of NOX.
* * * * *

0
3. Section 52.237 is amended by adding paragraph (b)(6)(ii) to read as
follows:

Sec.  52.237  Part D disapproval.

* * * * *
    (b) * * *
    (6) * * *
    (ii) RACT determination for non-CTG major sources of Nitrogen
Oxides (NOX) for the 2008 ozone NAAQS, as contained in the
submittal titled ``Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Analysis for the 2008 Federal Ozone
Standard,'' as adopted on September 13, 2017, and submitted on November
13, 2017.
* * * * *
[FR Doc. 2023-13754 Filed 6-29-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 160 (Tuesday, August 18, 2020)]
[Notices]
[Page 50849]
[FR Doc No: 2020-17965]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89532; File Nos. SR-NYSE-2020-05, SR-NYSEAMER-2020-05,
SR-NYSEArca-2020-08, SR-NYSECHX-2020-02, SR-NYSENAT-2020-03]

Self-Regulatory Organizations; New York Stock Exchange LLC, NYSE
Chicago, Inc., NYSE American LLC, NYSE Arca, Inc., and NYSE National,
Inc.; Notice of Designation of a Longer Period for Commission Action on
Proceedings To Determine Whether To Approve or Disapprove Proposed Rule
Changes, as Modified by Amendment No. 1, To Establish a Schedule of
Wireless Connectivity Fees and Charges With Wireless Connections
Between the Mahwah, New Jersey Data Center and Other Data Centers

August 12, 2020.
    On January 30, 2020, New York Stock Exchange LLC, NYSE Chicago,
Inc., NYSE American LLC, NYSE Arca, Inc., and NYSE National, Inc.
(collectively, the ``Exchanges'') each filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to establish a schedule of
Wireless Connectivity Fees and Charges with wireless connections
between the Mahwah, New Jersey data center and other data centers. The
proposed rule changes were published for comment in the Federal
Register on February 18, 2020.\3\ On April 1, 2020, pursuant to Section
19(b)(2) of the Act,\4\ the Commission designated a longer period
within which to either approve the proposed rule changes, disapprove
the proposed rule changes, or institute proceedings to determine
whether to approve or disapprove the proposed rule changes.\5\ On May
18, 2020, the Commission instituted proceedings to determine whether to
approve or disapprove the proposed rule changes.\6\ On July 27, 2020,
the Exchanges each filed Amendment No. 1 to the proposed rule changes.
Notice of Amendment No. 1 to the proposed rule changes was published
for comment in the Federal Register on August 7, 2020.\7\ The
Commission has received comment letters on the proposed rule changes,
as modified by Amendment No. 1.\8\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release Nos. 88168 (February 11,
2020), 85 FR 8938 (February 18, 2020) (SR-NYSE-2020-05); 88169
(February 11, 2020), 85 FR 8946 (February 18, 2020) (SR-NYSEAMER-
2020-05); 88170 (February 11, 2020), 85 FR 8956 (February 18, 2020)
(SR-NYSEArca-2020-08); 88172 (February 11, 2020), 85 FR 8923
(February 18, 2020) (SR-NYSECHX-2020-02); and 88171 (February 11,
2020), 85 FR 8930 (February 18, 2020) (SR-NYSENAT-2020-03)
(collectively, the ``Notices'').
    \4\ 15 U.S.C. 78s(b)(2).
    \5\ See Securities Exchange Act Release No. 88539 (April 1,
2020), 85 FR 19553 (April 7, 2020). The Commission designated May
18, 2020, as the date by which it should approve, disapprove, or
institute proceedings to determine whether to approve or disapprove
the proposed rule changes.
    \6\ See Securities Exchange Act Release No. 88901 (May 18,
2020), 85 FR 31273 (May 22, 2020).
    \7\ See Securities Exchange Act Release Nos. 88168 (August 3,
2020), 85 FR 47992 (August 7, 2020) (SR-NYSE-2020-05); 89454 (August
3, 2020), 85 FR 48002 (August 7, 2020) (SR-NYSEAMER-2020-05); 89455
(August 3, 2020), 85 FR 48035 (August 7, 2020) (SR-NYSEArca-2020-
08); 89456 (August 3, 2020), 85 FR 48024 (August 7, 2020) (SR-
NYSECHX-2020-02); and 89457 (August 3, 2020), 85 FR 47997 (August 7,
2020) (SR-NYSENAT-2020-03).
    \8\ Comments received on the proposed rule changes, as modified
by Amendment No. 1, are available on the Commission's website at:
https://www.sec.gov/comments/sr-nyse-2020-05/srnyse202005.htm.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \9\ provides that, after initiating
proceedings, the Commission shall issue an order approving or
disapproving the proposed rule change not later than 180 days after the
date of publication of notice of filing of the proposed rule change.
The Commission may extend the period for issuing an order approving or
disapproving the proposed rule change, however, by not more than 60
days if the Commission determines that a longer period is appropriate
and publishes the reasons for such determination. The proposed rule
changes were published for notice and comment in the Federal Register
on February 18, 2020.\10\ August 16, 2020 is 180 days from that date,
and October 15, 2020 is 240 days from that date.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(2).
    \10\ See Notices, supra note 3.
---------------------------------------------------------------------------

    The Commission finds it appropriate to designate a longer period
within which to issue an order approving or disapproving the proposed
rule changes, as modified by Amendment No. 1, so that it has sufficient
time to consider the proposed rule changes, as modified by Amendment
No. 1, the issues raised in the comment letters that have been
submitted in connection therewith, and the Exchanges' responses to
comments. Accordingly, the Commission, pursuant to Section 19(b)(2) of
the Act,\11\ designates October 15, 2020 as the date by which the
Commission should either approve or disapprove the proposed rule
changes (File Nos. SR-NYSE-2020-05, SR-NYSEAMER-2020-05, SR-NYSEArca-
2020-08, SR-NYSECHX-2020-02, SR-NYSENAT-2020-03), as modified by
Amendment No. 1.
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    \11\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
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    \12\ 17 CFR 200.30-3(a)(31).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-17965 Filed 8-17-20; 8:45 am]
BILLING CODE 8011-01-P