55402 Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Proposed Rules 

part 243 (FRB) and 12 CFR part 381 

(FDIC); 

(3) Whether, and the extent to which, 

the set of conditions or the mechanism 

in which they are applied facilitates, on 

an industry-wide basis, contractual 

modifications to remove impediments to 

resolution and increase market 

certainty, transparency, and equitable 

treatment with respect to the default 

rights of non-defaulting parties to a 

covered QFC; 

(4) Whether, and the extent to which, 

the proposal applies to existing and 

future transactions; 

(5) Whether, and the extent to which, 

the proposal would apply to multiple 

forms of QFCs or multiple covered 

banks; 

(6) Whether the proposal would 

permit a party to a covered QFC that is 

within the scope of the proposal to 

adhere to the proposal with respect to 

only one or a subset of covered banks; 

(7) With respect to a supported party, 

the degree of assurance the proposal 

provides to the supported party that the 

material payment and delivery 

obligations of the covered affiliate credit 

enhancement and the covered direct 

QFC it supports will continue to be 

performed after the covered affiliate 

support provider enters a receivership, 

insolvency, liquidation, resolution, or 

similar proceeding; 

(8) The presence, nature, and extent of 

any provisions that require a covered 

affiliate support provider or transferee 

to meet conditions other than material 

payment or delivery obligations to its 

creditors; 

(9) The extent to which the supported 

party’s overall credit risk to the direct 

party may increase if the enhanced 

creditor protection conditions are not 

met and the likelihood that the 

supported party’s credit risk to the 

direct party would decrease or remain 

the same if the enhanced creditor 

protection conditions are met; and 

(10) Whether the proposal provides 

the counterparty with additional default 

rights or other rights. 

§ 47.7 Exclusion of Certain QFCs. 

(a) Exclusion of CCP-cleared QFCs. A 

covered bank is not required to conform 

a covered QFC to which a CCP is a party 

to the requirements of sections 47.4 and 

47.5. 

(b) Exclusion of covered entity QFCs. 

A covered bank is not required to 

conform a covered QFC to the 

requirements of sections 47.4 and 47.5 

to the extent that a covered entity is 

required to conform the covered QFC to 

similar requirements of the Federal 

Reserve Board if the QFC is either a 

direct QFC to which a covered entity is 

a direct party or an affiliate credit 

enhancement to which a covered entity 

is the obligor. 

§ 47.8 Foreign Bank Multi-branch Master 

Agreements. 

(a) Treatment of foreign bank multibranch master agreements. With respect 

to a Federal branch or agency of a 

globally significant foreign banking 

organization, a foreign bank multibranch master agreement that is a 

covered QFC solely because the master 

agreement permits agreements or 

transactions that are QFCs to be entered 

into at one or more Federal branches or 

agencies of the globally significant 

foreign banking organization will be 

considered a covered QFC for purposes 

of this subpart only with respect to such 

agreements or transactions booked at 

such Federal branches or agencies or for 

which a payment or delivery may be 

made at such Federal branches or 

agencies. 

(b) Definition of foreign bank multibranch master agreements. A foreign 

bank multi-branch master agreement 

means a master agreement that permits 

a Federal branch or agency and another 

place of business of a foreign bank that 

is outside the United States to enter 

transactions under the agreement. 

PART 50—LIQUIDITY RISK 

MEASUREMENT STANDARDS 

■ 5. The authority citation for part 50 

continues to read as follows: 

Authority: 12 U.S.C. 1 et seq., 93a, 481, 

1818, and 1462 et seq. 

■ 6. Section 50.3 is amended by revising 

the definition of ‘‘qualifying master 

netting agreement’’ by: 

■ i. Removing the word ‘‘or’’ at the end 

of paragraph (2)(i); 

■ ii. Removing the ’’;’’ at the end of 

paragraph (2)(ii) and adding in its place 

‘‘; or’’; and 

■ iii. Adding a new paragraph (2)(iii). 

The revisions are set forth below: 

§ 50.3 Definitions. 

* * * * * 

Qualifying master netting agreement 

means a written, legally enforceable 

agreement provided that: 

* * * * * 

(2) * * * 

* * * * * 

(iii) Where the right to accelerate, 

terminate, and close-out on a net basis 

all transactions under the agreement 

and to liquidate or set-off collateral 

promptly upon an event of default of the 

counterparty is limited only to the 

extent necessary to comply with the 

requirements of part 47 of this title 12 

or any similar requirements of another 

U.S. Federal banking agency, as 

applicable. 

* * * * * 

Dated: August 10, 2016. 

Thomas J. Curry, 

Comptroller of the Currency. 

[FR Doc. 2016–19671 Filed 8–18–16; 8:45 am] 

BILLING CODE 4810–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0322; FRL–9950–95– 

Region 9] 

Approval and Limited Approval and 

Limited Disapproval of California State 

Implementation Plan Revisions; Butte 

County Air Quality Management 

District; Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing a limited 

approval and limited disapproval of 

revisions to the Butte County Air 

Quality Management District 

(BCAQMD) portion of the California 

State Implementation Plan (SIP). These 

revisions concern the District’s New 

Source Review (NSR) permitting 

program for new and modified sources 

of air pollution. We are proposing action 

on these local rules under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). We are taking comments on this 

proposal and plan to follow with a final 

action. 

DATES: Any comments must arrive by 

September 19, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. [EPA–R09– 

OAR–2016–0332] at http://

www.regulations.gov, or via email to 

R9AirPermits@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be removed or edited from 

Regulations.gov. For either manner of 

submission, the 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. The EPA will generally not 


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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: 

Laura Yannayon, EPA Region IX, (415) 

972–3534, yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

Definitions 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. Proposed Action and Public Comment 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The word or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The initials CARB mean or refer to 

the California Air Resources Board. 

(iii) The initials CFR mean or refer to 

Code of Federal Regulations. 

(iv) The initials or words EPA, we, us 

or our mean or refer to the United States 

Environmental Protection Agency. 

(v) The initials FR mean or refer to 

Federal Register. 

(vi) The word or initials BCAQMD or 

District mean or refer to the Butte 

County Air Quality Management 

District. 

(vii) The initials NAAQS mean or 

refer to National Ambient Air Quality 

Standards. 

(viii) The initials NSR mean or refer 

to New Source Review. 

(ix) The initials PM10 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than or equal to 10 

micrometers (coarse particulate matter). 

(x) The initials PM2.5 mean or refer to 

particulate matter with an aerodynamic 

diameter of less than or equal to 2.5 

micrometers (fine particulate matter). 

(xi) The initials SIP mean or refer to 

State Implementation Plan. 

(xii) The initials TSD mean or refer to 

the technical support document for this 

action. 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this proposal, including the dates they 

were adopted by BCAQMD and 

submitted by CARB, which is the 

governor’s designee for California SIP 

submittals. 

TABLE 1—SUBMITTED RULES

Rule No. Rule title Adopted date Submitted 

date 

400 .................... Permit Requirements ................................................................................................................ 04/24/14 11/06/14 

401 .................... Permit Exemptions .................................................................................................................... 04/24/14 11/06/14 

432 .................... Federal New Source Review .................................................................................................... 04/24/14 11/06/14 

On December 18, 2014, EPA 

determined that the submittal of these 

rules met the completeness criteria in 40 

CFR part 51 Appendix V, which must be 

met before formal EPA review. 

B. Are there other versions of these 

rules? 

There is no previous version of Rule 

432 in the SIP; EPA approved previous 

versions of the rules to be replaced by 

Rules 400 and 401 into the SIP as 

indicated in Table 2. 

TABLE 2—SIP APPROVED RULES

Rule No. Rule title SIP approval 

date 

Federal 

Register 

Citation 

4–4 .................... Exemptions from Permit Requirement ..................................................................................... 05/31/72 37 FR 10856 

401 .................... General Requirements ............................................................................................................. 02/03/87 52 FR 3226 

402 .................... Authority to Construct ............................................................................................................... 02/03/87 52 FR 3226 

403 .................... Permit to Operate ..................................................................................................................... 5/2/01 66 FR 21875 

405 .................... Permit Conditions ..................................................................................................................... 05/31/72 37 FR 10856 

406 .................... Emission Calculations .............................................................................................................. 02/03/87 52 FR 3226 

407 .................... Anniversary Date ...................................................................................................................... 02/03/87 52 FR 3226 

420 .................... Standards for Granting Applications ........................................................................................ 02/03/87 52 FR 3226 

421 .................... Conditional Approval ................................................................................................................ 02/03/87 52 FR 3226 

424 .................... State Implementation Plan ....................................................................................................... 5/2/01 66 FR 21875 

EPA’s approval of Rule 401 would 

have the effect of entirely superseding 

our prior approval of Rule 4–4 in the 

SIP. Likewise, approval of Rules 400 

and 432 will have the effect of entirely 

superseding our prior SIP approval of 

Rules 401, 402, 403, 405, 406, 407, 420, 

421 and 424. 

C. What is the purpose of the submitted 

rules? 

Section 110(a) of the CAA requires 

states to submit regulations that include 

a pre-construction permit program for 

certain new or modified stationary 

sources of pollutants, including a permit 

program as required by Part D of Title 

I of the CAA. 

The purpose of District Rule 400 

(Permit Requirements), Rule 401 (Permit 

Exemptions) and Rule 432 (Federal New 

Source Review) is to implement a 

federal preconstruction permit program 

for all new and modified minor sources, 


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55404 Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Proposed Rules 

and new and modified major sources of 

NAAQS pollutants for which the area is 

designated nonattainment. BCAQMD is 

currently designated as a nonattainment 

area for the 2008 8-hr ozone and 2006 

24-hr PM2.5 NAAQS. We present our 

evaluation under the CAA and EPA’s 

regulations of the amended NSR rules 

submitted by CARB, as identified in 

Table 1, and provide our reasoning in 

general terms below and in more detail 

in our TSD, which is available in the 

docket for this proposed rulemaking. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

The submitted rules must meet the 

CAA’s general requirements for SIPs 

and SIP revisions in CAA sections 

110(a)(2), 110(l), and 193, as well as the 

applicable requirements contained in 

part D of title I of the Act (sections 172, 

173, 182(a) and 189(e)) for a 

nonattainment NSR permit program. In 

addition, the submitted rules must 

contain the applicable regulatory 

provisions required by 40 CFR 51.160– 

51.165 and 40 CFR 51.307. 

Among other things, section 110 of 

the Act requires that SIP rules be 

enforceable and provides that EPA may 

not approve a SIP revision if it would 

interfere with any applicable 

requirements concerning attainment and 

reasonable further progress or any other 

requirement of the CAA. In addition, 

section 110(a)(2) and section 110(l) of 

the Act require that each SIP or revision 

to a SIP submitted by a State must be 

adopted after reasonable notice and 

public hearing. 

Section 110(a)(2)(C) of the Act 

requires each SIP to include a permit 

program to regulate the modification 

and construction of any stationary 

source within the areas covered by the 

SIP as necessary to assure attainment 

and maintenance of the NAAQS. EPA’s 

regulations at 40 CFR 51.160–51.164 

provide general programmatic 

requirements to implement this 

statutory mandate commonly referred to 

as the ‘‘minor NSR’’ or ‘‘general NSR’’ 

permit program. These NSR program 

regulations impose requirements for SIP 

approval of State and local programs 

that are more general in nature as 

compared to the specific statutory and 

regulatory requirements for 

nonattainment NSR permitting 

programs under Part D of title I of the 

Act. 

Part D of title I of the Act contains the 

general requirements for areas 

designated nonattainment for a NAAQS 

(section 172), including preconstruction 

permit requirements for new major 

sources and major modifications 

proposing to construct in nonattainment 

areas (section 173). Part D of title I of the 

Act also includes section 182(a), which 

contains the additional requirements for 

areas designated as a marginal ozone 

nonattainment area, and section 189(e), 

which requires the control of major 

stationary source of PM10 precursors 

(and hence PM2.5 precursors) ‘‘except 

where the Administrator determines 

that such sources do not contribute 

significantly to PM10 [and PM2.5] levels 

which exceed the standard in the area.’’ 

Additionally, 40 CFR 51.165 sets forth 

EPA’s regulatory requirements for SIPapproval of a nonattainment NSR permit 

program and 40 CFR 51.165(a)(13) 

contains specific requirements for 

regulating sources emitting PM2.5. 

The protection of visibility 

requirements that apply to NSR 

programs are contained in 40 CFR 

51.307. This provision requires that 

certain actions be taken in consultation 

with the local Federal Land Manager if 

a new major source or major 

modification may have an impact on 

visibility in any mandatory Class I 

Federal Area. 

Section 110(l) of the Act prohibits 

EPA from approving any SIP revisions 

that would interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (RFP) or any 

other applicable requirement of the 

CAA. Section 193 of the Act, which 

only applies in nonattainment areas, 

prohibits the modification of a SIPapproved control requirement in effect 

before November 15, 1990, in any 

manner unless the modification insures 

equivalent or greater emission 

reductions of such air pollutant. 

Our TSD, which can be found in the 

docket for this rule, contains a more 

detailed discussion of the approval 

criteria. 

B. Do the rules meet the evaluation 

criteria? 

EPA has reviewed the submitted rules 

in accordance with the rule evaluation 

criteria described above. With respect to 

procedures, based on our review of the 

public process documentation included 

in the November 6, 2014 submittal, we 

are proposing to approve the submitted 

rules in part because we have 

determined that BCAQMD has provided 

sufficient evidence of public notice and 

opportunity for comment and public 

hearings prior to adoption and submittal 

of these rules, in accordance with the 

requirements of CAA sections 110(a)(2) 

and 110(l). 

With respect to substantive 

requirements, we have reviewed the 

submitted rules in accordance with the 

evaluation criteria discussed above. We 

are proposing to approve Rules 400 and 

401 as part of BCAQMD’s general NSR 

permitting program because we have 

determined that these rules satisfy the 

substantive statutory and regulatory 

requirements for a general NSR permit 

program as contained in CAA section 

110(a)(2)(C) and 40 CFR 51.160–51.164. 

In addition, we are proposing a 

limited approval of Rule 432 because we 

have determined that Rule 432 satisfies 

all of the statutory and regulatory 

requirements for a nonattainment NSR 

permit program as set forth in the 

applicable provisions of part D of title 

I of the Act (sections 172, 173 and 

182(a)) and in 40 CFR 51.165 and 40 

CFR 51.307. 

We are also proposing a limited 

disapproval of Rule 432 because we 

have determined that the rule does not 

fully satisfy CAA section 189(e) 

requirements for regulation of PM2.5

precursors. The rule does not specify 

ammonia as a PM2.5 precursor and the 

demonstration provided by Butte 

County as part of their NSR program 

submittal is not adequate to allow the 

Administrator to determine whether 

potential new major sources and major 

modifications of ammonia emissions 

will not contribute significantly to PM2.5

levels that exceed the standard in the 

area. Our TSD for this action contains 

additional information regarding our 

proposed limited disapproval. 

EPA is also proposing to find that it 

is acceptable for BCAQMD to not 

incorporate the NSR Reform provisions 

of 40 CFR 51.165 into its NSR permit 

program because BCAQMD’s permitting 

program will not be any less stringent 

than the federal permitting program. In 

addition, EPA is proposing to find that 

Rules 400, 401 and 432 meet the 

statutory requirements for SIP revisions 

as specified in sections 110(l) and 193 

of the CAA. 

Please see our TSD for more 

information regarding our evaluation of 

Rules 400, 401 and 432. 

C. Proposed Action and Public 

Comment 

As authorized by CAA section 

110(k)(3) and 301(a), we are proposing 

approval of Rule 400 (Permit 

Requirements) and Rule 401 (Permit 

Exemptions), and we are proposing 

limited approval and limited 

disapproval of Rule 432 (Federal New 

Source Review) into the BCAQMD 

portion of the California SIP. If 

finalized, this action will incorporate 

the submitted rules into the SIP, 

including those provisions identified as 


jstallworth on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Proposed Rules 55405 

1 If this proposed rule is finalized, Butte County 

Rules 400, 401 and 432, will supersede the existing 

SIP approved rules listed in Table 2. 

deficient.1 The approval of Rule 432 is 

limited because EPA is simultaneously 

proposing a limited disapproval of Rule 

432 under section 110(k)(3). If this 

limited disapproval is finalized, it will 

trigger sanctions under CAA section 179 

and 40 CFR 52.31 unless the EPA 

approves subsequent SIP revisions that 

correct the rule deficiencies within 18 

months of the effective date of the final 

action. 

Note that Rule 432 has been adopted 

by the BCAQMD, and the EPA’s final 

limited disapproval would not prevent 

the local agency from enforcing it. The 

limited disapproval also would not 

prevent any portion of the rule from 

being incorporated by reference into the 

federally enforceable SIP as discussed in 

a July 9, 1992 EPA memo found at: 

http://www.epa.gov/nsr/ttnnsr01/gen/

pdf/memo-s.pdf. 

We will accept comments from the 

public on the proposed limited approval 

and limited disapproval for the next 30 

days. 

III. Incorporation by Reference 

In this rule, the EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, the EPA is 

proposing to finalize the incorporation 

by reference the BCAQMD rules 

described in Table 1 of this preamble. 

The EPA has made, and will continue 

to make, these materials available 

electronically through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/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. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

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 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

New Source Review, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: August 9, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–19766 Filed 8–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

48 CFR Parts 701, 722 and Appendix J 

RIN 0412–AA80 

Agency for International Development 

Acquisition Regulation (AIDAR): 

Agency Warrant Program for Individual 

Cooperating Country National 

Personal Services Contractors 

(CCNPSCs) 

AGENCY: U.S. Agency for International 

Development. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Agency for 

International Development (USAID) 

proposes to amend the Agency for 

International Development Acquisition 

Regulation (AIDAR) to incorporate a 

warrant program for cooperating 


jstallworth on DSK7TPTVN1PROD with PROPOSALS