Extension of Currently Open Comment Periods for Rulemakings in Response to the COVID-19 Pandemic

22690 Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules that authority because it addresses an unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect 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. For the reasons discussed, I certify this proposed regulation:

1. Is not a ‘‘significant regulatory action’’ under Executive Order 12866,
2. Will not affect intrastate aviation in Alaska, and
3. Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES ■ 1. The authority citation for part 39 continues to read as follows: Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] ■ 2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Airbus Helicopters: Docket No. FAA–2020– 0410; Product Identifier 2019–SW–030– AD. (a) Applicability This AD applies to Airbus Helicopters Model AS–365N2, AS 365N3, EC 155B, EC155B1, and SA–365N1 helicopters, certificated in any category, with modification 0763B64 installed, except those with modification 0763C81. (b) Unsafe Condition This AD defines the unsafe condition as loss of tightening torque of the Shur-Lok nut, which serves as a retainer of the tail rotor (T/ R) drive flange of the main gearbox. This condition could result in loss of the Shur-Lok nut, possibly resulting in disengagement of the T/R drive flange, reduction of T/R drive control, rear transmission vibrations, and subsequent loss of control of the helicopter. (c) Comments Due Date The FAA must receive comments by June 22, 2020. (d) Compliance You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time. (e) Required Actions Within 600 hours time-in-service: (1) For Model AS–365N2, AS 365N3, and SA–365N1 helicopters: (i) Without removing the tail drive shaft flange (a), remove the sliding flange (b) from the flexible coupling (c) as shown in Detail ‘‘B’’ of Figure 1, PRE MOD, of Airbus Helicopters Alert Service Bulletin (ASB) No. AS365–63.00.19, Revision 1, dated January 31, 2019 (ASB AS365–63.00.19); replace the 3 bolts (d) and remove from service the 3 washers (e). (ii) Install the sliding flange (b) with aft output stop (1) part number (P/N) 365A32– 7836–20 as shown in Detail ‘‘B’’ of Figure 1, POST MOD, of ASB AS365–63.00.19 and by following the Accomplishment Instructions, paragraph 3.B.2.b, of ASB AS365–63.00.19. (2) For Model EC 155B and EC155B1 helicopters: (i) Without removing the Shur-Lok nut (a), remove the sliding flange (b) from the flexible coupling (c) as shown in Detail ‘‘B’’ of Figure 1, PRE MOD, of Airbus Helicopters ASB No. EC155–63A013, Revision 1, dated January 31, 2019 (ASB EC155–63A013); replace the 3 bolts (d) and remove from service the 3 washers (e). (ii) Install the sliding flange (b) with aft output stop (1) P/N 365A32–7836–20 as shown in Detail ‘‘B’’ of Figure 1, POST MOD, of ASB EC155–63A013 and by following the Accomplishment Instructions, paragraph 3.B.2.b, of ASB EC155–63A013. Note 1 to paragraph (e)(2)(ii) of this AD: ASB EC155–63A013 refers to the ‘‘aft output stop’’ as ‘‘rear output stop.’’ (f) Alternative Methods of Compliance (AMOCs) (1) The Manager, Safety Management Section, Rotorcraft Standards Branch, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Section, Rotorcraft Standards Branch, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone 817–222–5110; email 9-ASW-FTW￾AMOC-Requests@faa.gov. (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, the FAA suggests that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC. (g) Additional Information The subject of this AD is addressed in European Union Aviation Safety Agency (previously European Aviation Safety Agency) (EASA) AD No. 2019–0046, dated March 11, 2019. You may view the EASA AD on the internet at https:// www.regulations.gov in the AD Docket. (h) Subject Joint Aircraft Service Component (JASC) Code: 6500, Tail Rotor Drive System. Issued on April 17, 2020. Lance T. Gant, Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2020–08583 Filed 4–22–20; 8:45 am] BILLING CODE 4910–13–P COMMODITY FUTURES TRADING COMMISSION 17 CFR Chapter I RIN 3038–AD99, RIN 3038–AE31, RIN 3038– AE32, RIN 3038–AE60, RIN 3038–AE94 Extension of Currently Open Comment Periods for Rulemakings in Response to the COVID–19 Pandemic AGENCY: Commodity Futures Trading Commission. ACTION: Extension of currently open comment periods for rulemakings. SUMMARY: The coronavirus disease 2019 (‘‘COVID–19’’) pandemic may present challenges to the ability of market participants and other members of the public to submit timely comments on the Commission’s proposed rulemakings. Accordingly, the Commission is extending the comment period for the rulemakings listed herein until the dates specified herein in order to provide market participants and other members of the public an additional period of time to comment on the proposed rulemakings. DATES: For those rulemakings listed in SUPPLEMENTARY INFORMATION for which the comment period is being extended, comments must be received on or before the dates specified herein. VerDate Sep<11>2014 18:46 Apr 22, 2020 Jkt 250001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.SGM 23APP1 lotter on DSKBCFDHB2PROD with PROPOSALS

Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules 22691 1 17 CFR 145.9. Commission regulations referred to herein are found at 17 CFR chapter I. 2See, e.g., CFTC Letter No. 20–11 (Mar. 20, 2020) (granting temporary relief for commodity pool operators) and CFTC Letter No. 20–12 (Mar. 31, 2020) (granting temporary relief for foreign brokers exempt pursuant to Commission Regulation 30.5 to handle U.S. futures market orders). All CFTC staff relief granted in response to COVID–19 is available at https://www.cftc.gov/coronavirus. ADDRESSES: You may submit comments by any of the following methods: • CFTC Website: comments.cftc.gov. Follow the instructions for submitting comments through the Comments Online process on the website. • Mail: Send to Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Same as Mail, above. Please submit your comments using only one method. To ensure that your comments are considered to the fullest extent possible by the Commission, you should identify each of the proposed rulemakings to which your comment applies by providing the name and RIN number associated with each rulemaking. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to https:// www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act (‘‘FOIA’’), a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission’s regulations.1 The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from https://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the rulemaking will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the FOIA. FOR FURTHER INFORMATION CONTACT: On this release, Laura B. Badian, Assistant General Counsel, (202) 418–5969, lbadian@cftc.gov; Mark T. Fajfar, Assistant General Counsel, (202) 418– 6636, mfajfar@cftc.gov, in each case at the Office of the General Counsel, Commodity Futures Trading Commission, 1155 21st Street NW, Washington, DC 20581. On any particular rulemaking, the Commission staff members listed in the associated notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: Extension of Open Comment Periods on Rulemakings and Request for Comment In response to the COVID–19 pandemic, the Commission has worked closely with the industry to identify relief or other assistance that may be needed to help ensure the industry can support orderly and liquid markets in the face of the coronavirus. These efforts include staff no-action relief letters that offer market participants temporary, tailored relief to mitigate market disruptions.2 The Commission, at its discretion, has traditionally considered comments submitted after a comment period closes but before adoption of a final rule or order. Nevertheless, in recognition of the challenges that market participants and other interested members of the public may face in commenting on proposed rulemakings as a result of the COVID–19 pandemic, the Commission is formally extending the comment period for the rulemakings listed herein until the dates specified herein. The Commission is continuing to monitor the impact of the COVID–19 pandemic on derivatives markets and their participants and may consider additional comment period extensions and other relief as appropriate. The comment periods for the following proposed rulemakings are being extended until the date specified below: Title of rulemaking Date proposed Original closing date for comments Extended closing date for comments Position Limits for Derivatives ......................................................................................... 1/30/2020 4/29/2020 Friday, 5/15/2020. Swap Execution Facility Requirements and Real-Time Reporting Requirements .......... 1/30/2020 4/20/2020 Friday, 5/22/2020. Certain Swap Data Repository and Data Reporting Requirements ................................ 5/13/2019 * 5/20/2020 Friday, 5/22/2020. Amendments to the Real-Time Public Reporting Requirements .................................... 2/20/2020 5/20/2020 Friday, 5/22/2020. Amendments to the Swap Data Recordkeeping and Reporting Requirements .............. 2/20/2020 5/20/2020 Friday, 5/22/2020.

• Previously extended from 7/29/2019. Issued in Washington, DC, on April 13, 2020, by the Commission. Robert Sidman, Deputy Secretary of the Commission. Appendices to Extension of Currently Open Comment Periods for Rulemakings in Response to the COVID–19 Pandemic—Commission Voting Summary and Commissioners’ Statements Appendix 1—Commission Voting Summary On this matter, Chairman Tarbert and Commissioners Quintenz and Stump voted in the affirmative. Commissioners Behnam and Berkovitz voted in the negative. Appendix 2—Dissenting Statement of Commissioner Rostin Behnam I strongly support extending all current open comment periods on rule proposals, which will allow commenters to solely focus their efforts on the immediate personal and professional needs of the day, and ensure— after we collectively get through these uncertain times—that commenters are able to provide the CFTC with the most fulsome comments to these important policy proposals. Unfortunately, today’s Commission action does not extend current open comment periods in any meaningful way, and thus I respectfully must dissent. Five open comment periods are extended by today’s action. However, the comment periods for three of the five rules are extended for a mere two days. That is not an extension at all. Instead, it is essentially an announcement that the Commission will not be extending these deadlines. For two of these rules, the comment period opened on February 20, so the entire comment period has essentially spanned the COVID–19 pandemic. Market participants deserve an opportunity to comment outside of current market conditions, and better rules would result. Importantly, the COVID–19 pandemic itself may impact views on the proposed rules, and the CFTC should adjust comment VerDate Sep<11>2014 18:46 Apr 22, 2020 Jkt 250001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.SGM 23APP1 lotter on DSKBCFDHB2PROD with PROPOSALS

22692 Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules 1CFTC Provides Relief to Market Participants in Response to COVID–19 (March 17, 2020), https:// www.cftc.gov/PressRoom/PressReleases/8132-20; CFTC Issues Second Wave of Relief to Market Participants in Response to COVID–19 (March 17, 2020), https://www.cftc.gov/PressRoom/ PressReleases/8133-20; CFTC Issues Third Wave of Relief to Market Participants in Response to COVID–19 (March 20, 2020), https://www.cftc.gov/ PressRoom/PressReleases/8136-20; CFTC Provides Further Relief to Market Participants in Response to COVID–19 (March 31, 2020), https://www.cftc.gov/ PressRoom/PressReleases/8142-20. 2CFTC Issue Customer Advisory on COVID–19 (March 18, 2020), https://www.cftc.gov/PressRoom/ PressReleases/8134-20; CFTC Issues Customer Advisory on Fee Scams (April 6, 2020). 3Statement of Commissioner Rostin Behnam Regarding COVID–19 and CFTC Digital Assets Rulemaking (March 24, 2020). https://www.cftc.gov/ PressRoom/SpeechesTestimony/ behnamstatement032420. 1Worldometer, Coronavirus Cases, as of April 8, 2020, available at https://www.worldometers.info/ coronavirus/country/us/. 2See generally http://www.healthdata.org/. 3Philip Bump, Nearly all Americans are under stay-at-home orders. Some may have come too late., Washington Post, Mar. 2, 2020, available at https:// www.washingtonpost.com/politics/2020/04/02/ nearly-all-americans-are-under-stay-at-home￾orders-some-may-have-come-too-late/. 4Rebecca Rainey and Norman McCaskill, ‘No words for this’: 10 million workers file jobless claims in just two weeks, Politico, Apr. 2, 2020,available at https://www.politico.com/news/ 2020/04/02/unemployment-claims-coronavirus￾pandemic-161081. 5CFTC Letter No. 20–02. 6 Id. (members of Designated Contract Markets (DCMs) and swap execution facilities (SEFs)); CFTC Letter No. 20–03 (futures commission merchants and IBs); CFTC Letter No. 20–04 (Floor Brokers); CFTC Letter No. 20–05 (Retail Foreign Exchange Dealers); CFTC Letter No. 20–06 (swap dealers). 7CFTC Letter No. 20–03; CFTC Letter No. 20–04; CFTC Letter No. 20–05; CFTC Letter No. 20–06; CFTC Letter No. 20–07 (SEFs). 8CFTC Letter No. 20–03; CFTC Letter No. 20–06. 9CFTC Letter No. 20–04. 10CFTC Letter No. 20–08 (SEFs). 11CFTC Letter No. 20–09 (DCMs, to the extent noncompliance is caused by displacement resulting from the COVID–19 pandemic response). 12CFTC Letter No. 20–11 (relief permits Small or Mid-Sized CPOs to file the required annual reports, and Large CPOs to file quarterly reports for the first quarter 2020, up to 45 days later than required by regulation). 13 Id. 14 Id. 15CFTC Letter No. 20–12. 16CFTC Letter No. 20–10. periods to allow for consideration of these evolving impacts. Similarly, today’s action extends the comment period for position limits by a mere sixteen days. Prior position limits proposals have garnered hundreds of public comments totaling thousands of pages. Producing these comments presumably takes months of work and careful thought by market participants and other stakeholders. Extending the deadline to May 15 as market and public health uncertainty continues is not sufficient. I commend agency Division Directors and staff, who are themselves adjusting in real￾time to the new realities of social distancing and teleworking, for issuing no-action relief aimed at providing market participants and registrants with necessary relief.1 These important actions have enabled market participants and registrants to focus their efforts on business continuity, market stability, and personnel management in these turbulent times. I also applaud the CFTC’s recent actions to issue Customer Advisories notifying the public to be on high alert for fraudsters that are seeking to profit from recent market volatility related to COVID– 19.2 I previously stated that the CFTC should temporarily table all non-critical policy work, shifting all our efforts and resources towards monitoring market and institutional stability and resiliency, prioritizing surveillance and enforcement, working with other regulators, and exhaustively engaging with market participants to consider necessary agency action that will alleviate market disruptions and support stable financial markets.3 Although markets continue to show signs of normalcy and stability since the most volatile days of the last two months, there remains significant uncertainty and a steep road ahead. Consequently, I believe comment periods should be of sufficient length to allow market participants to focus on the current crisis, which the public and country continue to endure. I stand ready to work with the Chairman, my fellow Commissioners, and market participants to reach agreement on meaningful extensions. Appendix 3—Dissenting Statement of Commissioner Dan M. Berkovitz I dissent from today’s extensions of comment periods for several pending proposed rulemakings because the extensions are too short. Market participants and the public need more time to be able to provide high-quality comments on pending CFTC rulemakings in light of the disruptions resulting from the novel coronavirus pandemic. Public comments serve a critical role in the Commission’s rulemaking deliberative process on regulations that will impact market participants and safeguard derivatives markets for years to come. Not providing the public sufficient time to obtain additional perspective and develop meaningful comments in these extraordinary times is bad public policy. The Commission should afford market participants and interested members of the public comment periods substantially longer than the standard periods that apply absent these extraordinary circumstances. At a minimum, the Commission should extend all pending comment periods by 60 days. The two-week and two-day extensions granted by the Commission today are inadequate. The pandemic has disrupted—and destroyed—life across the country. To date, the coronavirus has killed more than 12,800 Americans.1 The projected toll is expected to be much larger.2 Nearly 300 million Americans (over 90 percent of the population) are under stay-at-home orders.3 Nearly 10 million workers have filed jobless claims during the past two weeks.4 Schools are closed. Non-essential travel is forbidden. By no means can the current circumstances be described as—or treated as—business-as￾usual. So far, the financial markets have been resilient and have performed their intended functions of price discovery and risk management. Our market infrastructures— exchanges, clearinghouses, and swap execution facilities—have met the challenges posed by record volatility and volumes. Market participants have continued to provide essential risk management tools to American companies to help them maintain operations through this time of national crisis. I commend the work done by the CFTC staff in monitoring these markets and for taking appropriate action to ensure market participants can continue to access the markets while observing social distancing requirements. I also commend the Chairman and the agency’s executive leadership team for enabling all of us at the CFTC to telework and carry out the mission of the agency from safe locations in accordance with state and federal requirements and guidelines. The COVID–19 related regulatory relief granted by the CFTC over the past few weeks is clear recognition that the pandemic has disrupted normal operations of market participants. Many functions cannot be performed in a timely manner due to physical displacements and other extraordinary demands on market participants. Just three weeks ago, on March 17, 2020, in CFTC Letter No. 20–02, CFTC staff observed, ‘‘[d]isruptions in transportation and limited access to facilities and support staff as a result of the COVID– 19 pandemic could hamper efforts of market participants to meet their regulatory obligations.’’ The staff noted that no-action relief has been requested ‘‘where compliance is anticipated to be particularly challenging or impossible because of displacement of firm personnel from their normal business sites due to [social distancing] and closures . . . .’’ 5 Subsequent staff no-action relief letters similarly recognized the difficulties that market participants face in complying with CFTC requirements and requests. To accommodate these extraordinary circumstances, the CFTC has granted relief from a variety of CFTC recordkeeping, reporting, and registration requirements. Specifically, the CFTC has granted relief from requirements to: Time-stamp records; 6 record oral conversations; 7 furnish Chief Compliance Officer Annual Reports to the Commission prior to September 1, 2020; 8 register as an Introducing Broker (IB); 9 submit annual compliance reports and fourth quarter financial reports prior to September 1, 2020; 10 comply with audit trail requirements; 11 file Form CPO–PQR pursuant to regulation 4.27; 12 submit commodity pool annual reports due on or before April 30, 2020; 13 distribute periodic account statements to pool participants due on or before April 30, 2020; 14 register as an IB (for foreign brokers acting under specified circumstances); 15 and register as a Major Swap Participant prior to September 30, 2020.16 The Commission’s refusal to grant meaningful rulemaking comment period extensions stands in contrast to its swift recognition of requests by market VerDate Sep<11>2014 18:46 Apr 22, 2020 Jkt 250001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.SGM 23APP1 lotter on DSKBCFDHB2PROD with PROPOSALS

Federal Register / Vol. 85, No. 79 / Thursday, April 23, 2020 / Proposed Rules 22693 1 73 FR 16436, codified at 40 CFR 50.15. 2CAA sections 107(d)(1) and 181(a)(1). 3CAA section 181(a)(1). participants for relief from the Commission’s reporting and registration regulations. It is not clear why the Commission believes that market participants who state that it is difficult to comply with fundamental reporting or registration requirements nonetheless will be able to evaluate proposed rules and prepare comments with minimal delay. Today’s extension of two weeks for the position limits rulemaking—a rule that has been a decade in the making—is insignificant given the scope and magnitude of the proposed changes to the existing position limits rules. Further, the commodity markets have experienced unprecedented price movements and stresses over the past several weeks and commenters and the Commission would be well-served to review and take into account how the markets performed in this environment in fashioning and considering public comments. There is no compelling reason to require public comments on a position limits rule that has been ten years in the making without fully considering how the market has performed in the recent conditions of extreme stress. The two extensions of two days for the swap reporting rulemakings are not meaningful. In fact, they are almost disrespectful to the many industry professionals that are attempting to meet the Commission’s comment deadlines under unprecedented circumstances. Typically, comment periods are measured in days. These extensions can be measured in hours. I doubt any market participant will find these extensions of any benefit. It is unreasonable to require market participants to prepare comments on complex rulemakings at the same time they are struggling to comply with fundamental recordkeeping, reporting, and registration obligations. The Commission should extend these comments periods by at least 60 days. [FR Doc. 2020–08109 Filed 4–22–20; 8:45 am] BILLING CODE 6351–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R05–OAR–2019–0031; FRL–10007– 82–Region 5] Air Plan Approval; Illinois; Reasonable Further Progress Plan and Other Plan Elements for the Chicago Nonattainment Area for the 2008 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve a revision to the Illinois State Implementation Plan (SIP) to meet the base year emissions inventory, reasonable further progress (RFP), RFP contingency measures, and motor vehicle inspection and maintenance (I/ M) requirements of the Clean Air Act (CAA) for the Illinois portion of the Chicago-Naperville, Illinois-Indiana￾Wisconsin area (Chicago area) for the 2008 ozone national ambient air quality standard (NAAQS or standard). EPA is also proposing to approve the 2017 transportation conformity motor vehicle emissions budgets (MVEBs) for the Illinois portion of the Chicago area for the 2008 ozone NAAQS. EPA is proposing to approve the state’s submission as a SIP revision pursuant to section 110 and part D of the CAA and EPA’s regulations because it satisfies the emissions inventory, RFP, RFP contingency measures, I/M, and transportation conformity requirements for areas classified as moderate nonattainment for the 2008 ozone NAAQS. Final approval of the Illinois SIP as meeting the I/M and RFP requirements of the CAA for the 2008 ozone NAAQS will permanently stop the Federal Implementation Plan (FIP) clocks for those specific elements, which were triggered by EPA’s December 11, 2017 finding that Illinois failed to submit certain required SIP elements for the 2008 ozone NAAQS. DATES: Comments must be received on or before May 26, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2019–0031, at http:// www.regulations.gov, or via email to aburano.douglas@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Kathleen D’Agostino, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–1767, dagostino.kathleen@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. What is the background for this action? II. What is EPA’s evaluation of the Illinois submittal? III. What action is EPA proposing? IV. Statutory and Executive Order Reviews I. What is the background for this action? A. Background on the 2008 Ozone Standard On March 27, 2008, EPA promulgated a revised 8-hour ozone NAAQS of 0.075 parts per million (ppm).1 Promulgation of a revised NAAQS triggers a requirement for EPA to designate all areas of the country as nonattainment, attainment, or unclassifiable for the NAAQS. For the ozone NAAQS, this also involves classifying any nonattainment areas at the time of designation.2 Ozone nonattainment areas are classified based on the severity of their ozone levels as determined based on the area’s ‘‘design value,’’ which represents air quality in the area for the most recent 3 years. The classifications for ozone nonattainment areas are marginal, moderate, serious, severe, and extreme.3 Areas that EPA designates nonattainment for the ozone NAAQS are subject to the general nonattainment area planning requirements of CAA section 172 and the ozone-specific planning requirements of CAA section 182. Ozone nonattainment areas in the lower classification levels have fewer and/or less stringent mandatory air quality planning and control requirements than those in higher classifications. For marginal areas, a state is required to submit a baseline emissions inventory, adopt provisions into the SIP requiring emissions statements from stationary sources, and implement a nonattainment New Source Review (NSR) program for the relevant VerDate Sep<11>2014 18:46 Apr 22, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\23APP1.SGM 23APP1 lotter on DSKBCFDHB2PROD with PROPOSALS