Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66687 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has 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. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting 2 hours that will prohibit 

entry within 350 feet of the fireworks 

launch site at 42 52’ 07.96’’ N 78 53’ 

00.87’’ W. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and record 

keepingrequirements, Security 

measures, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T09–0765 to read as 

follows: 

§ 165.T09–0765 Safety Zone; Lake Erie, 

Buffalo, NY. 

(a) Location. The following area is a 

safety zone: All waters of Lake Erie, 

from surface to bottom, encompassed by 

350-foot radius around 42 52′07.96′′ N 

78 53′00.87′′ W. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP) Buffalo in the 

enforcement of the safety zone. 

(c) Regulations. (1) In accordance with 

the general regulations in section 

§ 165.23, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

COTP Buffalo or their designated 

representative. 

(2) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP Buffalo or their 

designated representative to obtain 

permission to do so. The COTP Buffalo 

or their designated representative may 

be contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP Buffalo, or their 

designated representative. 

(d) Enforcement period. The regulated 

area described in paragraph (a) is 

effective from 7:30 p.m. through 9:30 

p.m. on October 6, 2023. 

Dated: September 13, 2023. 

M.I. Kuperman, 

Captain, U.S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2023–21194 Filed 9–27–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2020–0699; FRL–10754– 

02–R5] 

Air Plan Approval; Indiana; 

ArcelorMittal and NIPSCO Sulfur 

Dioxide Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


ddrumheller on DSK120RN23PROD with RULES1
66688 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, under the 

Clean Air Act (CAA), revisions to the 

sulfur dioxide (SO2) portion of the 

Indiana State Implementation Plan 

(SIP). The state of Indiana is requesting 

revisions to emission limits at the 

Northern Indiana Public Service 

Company Bailly Station (NIPSCO) 

facility reflecting permanently shut 

down units. Indiana is also requesting 

SIP revisions for two facilities formerly 

owned by ArcelorMittal USA LLC and 

currently owned by Cleveland-Cliffs 

LLC (the Indiana Harbor East and 

Indiana Harbor West facilities). The 

Indiana Harbor East facility is required 

to demonstrate continuous compliance 

with final SO2 emission limits as a daily 

(24-hour) average. These revisions will 

result in decreases in allowable SO2

emissions at all three facilities, 

maintaining SO2 attainment/ 

unclassifiable designations for the 2010 

1-hour SO2 national ambient air quality 

standards (NAAQS). EPA proposed to 

approve this action on June 26, 2023, 

and received no adverse comments. 

DATES: This final rule is effective on 

October 30, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2020–0699. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Cecilia 

Magos, at (312) 886–7336 before visiting 

the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Cecilia Magos, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–7336, magos.cecilia@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

I. Background Information 

On June 26, 2023, EPA proposed to 

approve the Indiana Department of 

Environmental Management (IDEM) 

site-specific SO2 SIP revisions to 

Indiana’s sulfur dioxide rules contained 

in 326 Indiana Administrative Code 

(IAC) 7–4–14(2), 326 IAC 7–4.1–10 and 

326 IAC 7–4.1–11. See 88 FR 41341. The 

revisions for the NIPSCO facility in 

Porter County and ArcelorMittal LLC 

(Indiana Harbor West) in Lake County, 

are administrative clean-up revisions 

removing limits that apply to 

permanently shut down units. The 

revisions for ArcelorMittal LLC (Indiana 

Harbor East) also located in Lake 

County, remove limits that apply to 

permanently shut down units and 

include a demonstration of continuous 

compliance with SO2 emission limits as 

a daily (24-hour) average SO2 pounds 

per hour (lbs/hr) emission limit. An 

explanation of the CAA requirements, a 

detailed analysis of the revisions, and 

EPA’s reasons for proposing approval 

were provided in the notice of proposed 

rulemaking (88 FR 41341), and will not 

be restated here. 

The public comment period for this 

proposed rule ended on July 26, 2023. 

During the comment period, EPA 

received one supportive comment that 

covered the improved environmental 

conditions and the potential health 

benefits from reduced exposure to SO2

emissions in an area. The comment 

received is included in the docket for 

this action. Because the comment is 

supportive and does not recommend a 

different action on the SIP submission 

from what EPA proposed, we are 

finalizing our action as proposed. 

II. Final Action 

EPA is approving revisions to 

Indiana’s SO2 rules submitted on March 

31, 2022. Specifically, EPA is approving 

Indiana’s SO2 rules for NIPSCO (326 

IAC 7–4–14(2)), ArcelorMittal USA LLC 

(Indiana Harbor West) (326 IAC 7–4.1– 

10), and ArcelorMittal USA LLC 

(Indiana Harbor East) (326 IAC 7–4.1– 

11), effective March 31, 2021. This will 

strengthen the Indiana SO2 SIP by 

lowering SO2 emission limits overall 

and update monitoring compliance 

requirements to the Indiana Harbor East 

facility. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of the Indiana Regulations 

described in section II of this preamble 

and set forth in the amendments to 40 

CFR part 52 below. EPA has made, and 

will continue to make, these documents 

generally available through 

www.regulations.gov, and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

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 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993), and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 66689 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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. 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.’’ 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.’’ 

IDEM 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. 

EPA performed an environmental 

justice analysis, as is described in the 

section titled, ‘‘Environmental Justice 

Considerations’’ in the notice of 

proposed rulemaking. See 88 FR 41343. 

The analysis was done for the purpose 

of providing additional context and 

information about this rulemaking to the 

public, not as a basis of the action. Due 

to the nature of the action being taken 

here, this action is expected to have a 

neutral to positive impact on the air 

quality of the affected area. In addition, 

there is no information in the record 

upon which this decision is based 

inconsistent with the stated goal of E.O. 

12898 of achieving environmental 

justice for people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and 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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 27, 2023. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 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, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: September 19, 2023. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, title 40 CFR part 52 is 

amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. In § 52.770, amend the table in 

paragraph (c), under ‘‘Article 7. Sulfur 

Dioxide Rules’’: 

■ a. Under ‘‘Rule 4. Emission 

Limitations and Requirements by 

County’’: 

■ i. By revising the entry for ‘‘7–4–14’’, 

and 

■ ii. By adding a second entry for ‘‘7– 

4–14’’ immediately following the first 

entry. 

■ b. Under ‘‘Rule 4.1. Lake County 

Sulfur Dioxide Emission Limitations’’ 

by revising the entries for ‘‘7–4.1–10’’ 

and ‘‘7–4.1–11’’. 

The revised and added entries read as 

follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana 

citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Article 7. Sulfur Dioxide Rules 

*******

Rule 4. Emission Limitations and Requirements by County 

*******

7–4–14 ...... Porter County sulfur dioxide emission limitations.10/23/1988 1/19/1989, 54 FR 2112 .................................... Only Sec. 14. (1). 

7–4–14 ...... Porter County sulfur dioxide emission limitations.3/31/2021 9/28/2023, [Insert Federal Register Citation] Except Sec. 14. 

(1). 


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66690 Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Rules and Regulations 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana 

citation Subject 

Indiana 

effective 

date 

EPA approval date Notes 

*******

Rule 4.1. Lake County Sulfur Dioxide Emission Limitations 

*******

7–4.1–10 ... ArcelorMittal USA LLC (Indiana Harbor West) 

sulfur dioxide emission limitations.

3/31/2021 9/28/2023, [Insert Federal Register Citation].

7–4.1–11 ... ArcelorMittal USA LLC (Indiana Harbor East) 

sulfur dioxide emission limitations.

3/31/2021 9/28/2023, [Insert Federal Register Citation].

* * * * * * * 

* * * * * 

[FR Doc. 2023–20743 Filed 9–27–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2021–0752; FRL–9203–02– 

R10] 

Air Plan Approval; WA; Yakima County 

Outdoor and Agricultural Burning Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving into the 

Washington State Implementation Plan 

(SIP) the Yakima Regional Clean Air 

Agency’s (YRCAA) revised outdoor and 

agricultural burning rule submitted by 

the State of Washington (Washington or 

the State) on October 14, 2021. The 

submitted revisions improve stringency, 

clarity and enforceability of the rule. 

The EPA is proposing to approve the 

SIP submission as consistent with Clean 

Air Act (Act or CAA) requirements. 

DATES: This action is effective on 

October 30, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2021–0752. 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., 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. 

FOR FURTHER INFORMATION CONTACT: 

Claudia Vaupel, EPA Region 10 at (206) 

553–6121, or vaupel.claudia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it means 

the EPA. 

I. Background 

On July 26, 2023, the EPA proposed 

to approve Washington’s October 14, 

2021, SIP submission which 

significantly revised the SIP-approved 

outdoor burning rule for the Yakima 

area (88 FR 48147). The reasons for our 

proposed approval were stated in the 

proposed rulemaking and will not be restated here. The public comment period 

for our proposed approval ended on 

August 25, 2023, and we did not receive 

comments. Therefore, we are finalizing 

our action as proposed. 

II. Final Action 

The EPA is approving into the 

Washington SIP, the rule revisions for 

outdoor and agricultural burning 

submitted by Washington on October 

14, 2021, because they meet Clean Air 

Act requirements. The rule revisions 

include updates to applicability, general 

prohibitions and requirements for all 

burning, permit requirements and 

limited exemptions, program delegation, 

and rule renumbering. Based on our 

review, we determined that the rule 

revisions result in an overall 

strengthening of the requirements for 

open and agricultural burning in 

Yakima County. 

The EPA is approving into the 

federally-approved SIP the YRCAA 

Regulation 1, Article 3, Section 3.03 

(regulating outdoor and agricultural 

burning in Yakima County), effective 

September 9, 2020, except the following 

provisions: 3.03.C.2.g, 3.03.E.2.a, 

3.03.E.2.c, 3.03.E.3.d, 3.03.K; and the 

following general rule permit 

provisions: 

General Rule Permit No. 3.03–1 

Conditions: E.2.b, E.2.d, E.2.e, and G; 

General Rule Permit No. 3.03–2 

Conditions: E.2.b and G; 

General Rule Permit No. 3.03–3 

Conditions: E.2.b and G; 

General Rule Permit No. 3.03–4 

Conditions: E.2.c and G; and 

General Rule Permit No. 3.03–5 Conditions 

E.2.d and G. 

We are also removing from the 

federally-approved SIP the outdated 

Regulation 1, Article 5 provisions, 

Sections 5.01 through 5.05 (regulating 

outdoor burning in Yakima County), 

state effective December 15, 1995, that 

are replaced by Section 3.03. 

III. Incorporation by Reference 

In this document, the EPA is 

finalizing regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, we are finalizing the incorporation 

by reference of Regulation 1, Article 3, 

Section 3.03 provisions described in 

section II of this preamble. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov and at the EPA 

Region 10 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by the EPA for inclusion in 

the State implementation plan, have 

been incorporated by reference by the 

EPA into that plan, are fully federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rule of the EPA’s approval, and 

will be incorporated by reference in the 

next update to the SIP compilation. The 

EPA is also removing regulatory text 

that includes incorporation by 


ddrumheller on DSK120RN23PROD with RULES1