34874 Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Notices 

2CAA section 211(o)(9)(B)(i). 

3CAA section 211(o)(9)(B)(ii). 

4 ‘‘June 2022 Denial of Petitions for RFS Small 

Refinery Exemptions,’’ EPA–420–R–22–011, June 

2022. 

5 ‘‘Proposed RFS Small Refinery Exemption 

Decision,’’ EPA–420–D–21–001, December 2021 

(hereinafter the ‘‘Proposed Denial’’). 86 FR 70999 

(December 14, 2021). 

6 In deciding whether to invoke the exception by 

making and publishing a finding that this final 

action is based on a determination of nationwide 

scope or effect, the Administrator has also taken 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of Agency resources. 

7 In the report on the 1977 Amendments that 

revised section 307(b)(1) of the CAA, Congress 

noted that the Administrator’s determination that 

the ‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323, 324, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

exemption from the obligations of the 

RFS program for the reason of 

disproportionate economic hardship 

(DEH).2 In evaluating such petitions, the 

EPA Administrator, in consultation with 

the Secretary of Energy, will consider 

the findings of a Department of Energy 

(DOE) study and other economic 

factors.3

II. Decision 

In the SRE Denial,4 we conducted an 

extensive analysis and review of 

information provided to EPA by small 

refineries in their SRE petitions and in 

the comments submitted in response to 

the Proposed Denial.5 We sought 

comment on all aspects of the Proposed 

Denial, including on our conclusions 

that the CAA requires small refineries to 

demonstrate that DEH is caused by 

compliance with the RFS program. We 

also sought comment on our economic 

analyses and conclusion that no small 

refineries face disproportionate costs of 

compliance due to the RFS program, no 

economic hardship, and, therefore, no 

DEH caused by RFS compliance. We 

requested additional data that would 

show the relationship between RFS 

compliance costs and the price of 

transportation fuel blendstocks. We also 

sought comment on our proposed 

change in approach to SRE eligibility 

based on receipt of the original statutory 

exemption, and our proposed decision 

to deny all pending SRE petitions based 

on the proportional nature of the RFS 

requirements and our findings regarding 

RIN cost passthrough. We considered all 

the comments received and have 

responded to them in the SRE Denial 

and its corresponding appendices. 

In the SRE Denial, we find that all 

refineries face the same costs to acquire 

RINs regardless of whether the RINs are 

created through the act of blending 

renewable fuels or are purchased on the 

open market. This happens because the 

market price for these fuels increases to 

reflect the cost of the RIN, much as it 

would increase in response to higher 

crude prices. In other words, this 

increased price for gasoline and diesel 

fuel allows obligated parties to recover 

their RIN costs through the market price 

of the fuel they produce. Because the 

market behaves this way for all parties 

subject to the RFS program, there is no 

disproportionate cost to any party, 

including small refineries, and no 

hardship given that the costs are 

recovered. As a result, we conclude that 

small refineries do not face DEH. Given 

this conclusion and the other reasons 

described in the SRE Denial, we have 

denied 69 SRE petitions for the 2016– 

2021 compliance years by finding the 

petitioning refineries do not face DEH 

caused by compliance with their RFS 

obligations. 

III. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

United States Court of Appeals for the 

District of Columbia Circuit: (i) when 

the agency action consists of ‘‘nationally 

applicable . . . final actions taken by 

the Administrator,’’ or (ii) when such 

action is locally or regionally 

applicable, but ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in (ii) 

described in the preceding sentence. 

This final action is ‘‘nationally 

applicable’’ within the meaning of CAA 

section 307(b)(1). In the alternative, to 

the extent a court finds this final action 

to be locally or regionally applicable, 

the Administrator is exercising the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).6 This final action 

denies 69 petitions for exemptions from 

the RFS program for over 30 small 

refineries across the country and applies 

to small refineries located within 15 

states in 7 of the 10 EPA regions and in 

8 different Federal judicial circuits.7

This final action is based on EPA’s 

revised interpretation of the relevant 

CAA provisions and the RIN discount 

and RIN cost passthrough principles 

that are applicable to all small refineries 

no matter the location or market in 

which they operate. For these reasons, 

this final action is nationally applicable 

or, alternatively, the Administrator is 

exercising the complete discretion 

afforded to him by the CAA and hereby 

finds that this final action is based on 

a determination of nationwide scope or 

effect for purposes of CAA section 

307(b)(1) and is hereby publishing that 

finding in the Federal Register. 

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 District of 

Columbia Circuit by August 8, 2022. 

Joseph Goffman, 

Principal Deputy Assistant Administrator, 

Office of Air and Radiation. 

[FR Doc. 2022–12359 Filed 6–7–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[OMB 3060–0288; FR ID 90242] 

Information Collection Being Reviewed 

by the Federal Communications 

Commission Under Delegated 

Authority 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork burdens, and as 

required by the Paperwork Reduction 

Act of 1995 (PRA), the Federal 

Communications Commission (FCC or 

Commission) invites the general public 

and other Federal agencies to take this 

opportunity to comment on the 

following information collection. 

Comments are requested concerning: 

whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

Commission, including whether the 

information shall have practical utility; 

the accuracy of the Commission’s 

burden estimate; ways to enhance the 

quality, utility, and clarity of the 

information collected; ways to minimize 

the burden of the collection of 

information on the respondents, 

including the use of automated 

collection techniques or other forms of 

information technology; and ways to 

further reduce the information 

collection burden on small business 

concerns with fewer than 25 employees. 

The FCC may not conduct or sponsor a 

collection of information unless it 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 110 / Wednesday, June 8, 2022 / Notices 34875 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid OMB 

control number. 

DATES: Written PRA comments should 

be submitted on or before August 8, 

2022. If you anticipate that you will be 

submitting comments but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Cathy Williams, FCC, via email to PRA@

fcc.gov and to Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0288. 

Title: 47 CFR 78.33, Special 

Temporary Authority (Cable Television 

Relay Stations). 

Form Number: Not applicable. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business and other forprofit entities. 

Number of Respondents and 

Responses: 3 respondents and 3 

responses. 

Estimated Time per Response: 4 

hours. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained Section 154(i) 

of the Communications Act of 1934, as 

amended. 

Total Annual Burden: 12 hours. 

Total Annual Costs: $600. 

Needs and Uses: The information 

collection requirements contained in 47 

CFR 78.33 permits cable television relay 

station (CARS) operators to file informal 

requests for special temporary authority 

(STA) to install and operate equipment 

in a manner different than the way 

normally authorized in the station 

license. The special temporary authority 

also may be used by cable operators to 

conduct field surveys to determine 

necessary data in connection with a 

formal application for installation of a 

radio system, or to conduct equipment, 

program, service, and path tests. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2022–12277 Filed 6–7–22; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL MARITIME COMMISSION 

Notice of Agreements Filed 

The Commission hereby gives notice 

of filing of the following agreements 

under the Shipping Act of 1984. 

Interested parties may submit 

comments, relevant information, or 

documents regarding the agreements to 

the Secretary by email at Secretary@

fmc.gov, or by mail, Federal Maritime 

Commission, 800 North Capitol Street, 

Washington, DC 20573. Comments will 

be most helpful to the Commission if 

received within 12 days of the date this 

notice appears in the Federal Register, 

and the Commission requests that 

comments be submitted within 7 days 

on agreements that request expedited 

review. Copies of agreements are 

available through the Commission’s 

website (www.fmc.gov) or by contacting 

the Office of Agreements at (202) 523– 

5793 or tradeanalysis@fmc.gov. 

Agreement No.: 201388. 

Agreement Name: Sealead Shipping 

DMCC/T.S. Lines Ltd. Vessel Sharing 

Agreement. 

Parties: Sealead Shipping DMCC and 

T.S. Lines Ltd. Vessel Sharing 

Agreement. 

Filing Party: Neal Mayer; Hoppel, 

Mayer & Coleman. 

Synopsis: The Agreement authorizes 

the parties to operate a service string 

between ports in China and Korea on 

the one hand and the U.S. East Coast on 

the other hand. 

Proposed Effective Date: 5/31/2022. 

Location: https://www2.fmc.gov/ 

FMC.Agreements.Web/Public/ 

AgreementHistory/64502. 

Agreement No.: 201258–002. 

Agreement Name: Sealand/Zim GulfECSA Space Charter Agreement. 

Parties: Maersk A/S d/b/a Sealand 

and Zim Integrated Shipping Services 

Ltd. 

Filing Party: Wayne Rohde; Cozen 

O’Connor. 

Synopsis: The amendment changes 

the amount of space being chartered, 

changes the name of the Agreement and 

the contact information for one of the 

parties, and restates the Agreement. 

Proposed Effective Date: 7/16/22. 

Location: https://www2.fmc.gov/ 

FMC.Agreements.Web/Public/ 

AgreementHistory/13183. 

Dated: June 3, 2022. 

William Cody, 

Secretary. 

[FR Doc. 2022–12352 Filed 6–7–22; 8:45 am] 

BILLING CODE 6730–02–P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The public portions of the 

applications listed below, as well as 

other related filings required by the 

Board, if any, are available for 

immediate inspection at the Federal 

Reserve Bank(s) indicated below and at 

the offices of the Board of Governors. 

This information may also be obtained 

on an expedited basis, upon request, by 

contacting the appropriate Federal 

Reserve Bank and from the Board’s 

Freedom of Information Office at 

https://www.federalreserve.gov/foia/ 

request.htm. Interested persons may 

express their views in writing on the 

standards enumerated in the BHC Act 

(12 U.S.C. 1842(c)). 

Comments regarding each of these 

applications must be received at the 

Reserve Bank indicated or the offices of 

the Board of Governors, Ann E. 

Misback, Secretary of the Board, 20th 

Street and Constitution Avenue NW, 

Washington, DC 20551–0001, not later 

than July 8, 2022. 

A. Federal Reserve Bank of Kansas 

City (Jeffrey Imgarten, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. National Bank Holdings 

Corporation, Greenwood Village, 

Colorado; to merge with Community 

Bancorporation, Orem, Utah, and 

thereby indirectly acquire Rock Canyon 

Bank, Provo, Utah. 

2. National Bank Holdings 

Corporation, Greenwood Village, 

Colorado; to merge with Bancshares of 

Jackson Hole, Incorporated, Jackson, 

Wyoming, and thereby indirectly 

acquire Bank of Jackson Hole, Jackson, 

Wyoming. 

3. Old Glory Holding Company, 

Oklahoma City, Oklahoma; to become a 

bank holding company by acquiring 

Elmore City Bancshares, Inc., and 

thereby indirectly acquire First State 

Bank, both of Elmore City, Oklahoma. 


khammond on DSKJM1Z7X2PROD with NOTICES