81_FR_96664 81 FR 96413 - Reconsideration of Finding That Greenhouse Gas Emissions From Aircraft Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare

81 FR 96413 - Reconsideration of Finding That Greenhouse Gas Emissions From Aircraft Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96413-96415
FR Document2016-31644

This action provides notice that the U.S. Environmental Protection Agency (EPA) Administrator, Gina McCarthy, denied a petition for reconsideration of the final Finding that Greenhouse Gas Emissions from Aircraft Cause or Contribute to Air Pollution that May Reasonably Be Anticipated to Endanger Public Health and Welfare, published in the Federal Register on August 15, 2016.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016)
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Proposed Rules]
[Pages 96413-96415]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31644]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 87 and 1068

[EPA-HQ-OAR-2014-0828; FRL-9957-73-OAR]


Reconsideration of Finding That Greenhouse Gas Emissions From 
Aircraft Cause or Contribute to Air Pollution That May Reasonably Be 
Anticipated To Endanger Public Health and Welfare

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final action denying petition for reconsideration.

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

SUMMARY: This action provides notice that the U.S. Environmental 
Protection Agency (EPA) Administrator, Gina McCarthy, denied a petition 
for reconsideration of the final Finding that Greenhouse Gas Emissions 
from Aircraft Cause or Contribute to Air Pollution that May Reasonably 
Be Anticipated to Endanger Public Health and Welfare, published in the 
Federal Register on August 15, 2016.

DATES: The EPA took final action to deny the petition for 
reconsideration on December 21, 2016.

FOR FURTHER INFORMATION CONTACT: Lesley Jantarasami, Office of 
Atmospheric Programs, Climate Change Division, Environmental Protection 
Agency, 1200 Pennsylvania Ave. NW., Mail Code 6207-A, Washington DC 
20460; Telephone number: (202) 343-9990; Email address: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. General Information

A. How can I get copies of this document and other related information?

    This Federal Register document, the petition for reconsideration 
and the EPA's response addressing the petition for reconsideration are 
available in the docket under Docket ID No. EPA-HQ-OAR-2014-0828.
    Docket. The EPA has established a docket for this action under 
Docket ID No. EPA-HQ-OAR-2014-0828. Publicly available docket materials 
are available either electronically through http://www.regulations.gov 
or in hard copy at the EPA Docket Center (EPA/DC), EPA WJC West, Room 
3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is

[[Page 96414]]

(202) 566-1744, and the telephone number for the Air Docket is (202) 
566-1742. This action, the petition for reconsideration and the EPA's 
response addressing the petition can also be found on the EPA's Web 
site at https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-finding-greenhouse-gas-emissions-aircraft.
    Electronic access. You may access this Federal Register document 
electronically from the Government Printing Office under the ``Federal 
Register'' listings at FDSys (http://www.thefederalregister.org/fdsys/browse/collection.action?collectionCode=FR).

II. Judicial Review

    Section 307(b)(1) of the Clean Air Act (CAA) indicates which 
Federal Court of Appeals have venue over petitions for review of final 
EPA actions. This section provides, in part, that the petitions for 
review must be filed in the Court of Appeals for the District of 
Columbia Circuit if: (i) The agency action consists of ``nationally 
applicable regulations promulgated, or final action taken, by the 
Administrator;'' or (ii) such actions are locally or regionally 
applicable, if ``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.''
    The EPA has determined that its action denying the petition for 
reconsideration is nationally applicable for purposes of CAA section 
307(b)(1) because it affects the final Finding that Greenhouse Gas 
Emissions from Aircraft Cause or Contribute to Air Pollution that May 
Reasonably Be Anticipated to Endanger Public Health and Welfare, and 
that finding triggers the EPA's statutory duty to promulgate aircraft 
engine emission standards under CAA section 231, which are nationally 
applicable regulations and for which judicial review will be available 
only in the U.S. Court of Appeals for the District of Columbia Circuit. 
Moreover, EPA already determined that the subject finding was 
nationally applicable, see 81 FR 54422 (Aug. 15, 2016), and that 
finding has in fact been challenged in the U.S. Court of Appeals for 
the District of Columbia Circuit. In the alternative, even if this 
action were considered to be only locally or regionally applicable, the 
Administrator has determined that it has nationwide scope and effect 
within the meaning of CAA section 307(b)(1) both because EPA has 
determined that the final finding has nationwide scope and effect 
within the meaning of CAA section 307(b)(1), see 81 FR 54422 (Aug. 15, 
2016), and because it concerns risks from GHG pollution and 
contributions to such pollution that occur across the nation.
    Thus, any petition for judicial review of the EPA's decision to 
deny the petition for reconsideration described in this document must 
be filed in the U.S. Court of Appeals for the District of Columbia 
Circuit by February 28, 2017.

III. Description of Action

    On July 25, 2016, EPA Administrator McCarthy signed the action 
entitled ``Finding that Greenhouse Gas Emissions from Aircraft Cause or 
Contribute to Air Pollution that May Reasonably Be Anticipated to 
Endanger Public Health and Welfare.'' That action included two findings 
under section 231(a)(2)(A) of the CAA. These findings were that: (1) 
Concentrations of six well-mixed greenhouse gases (GHGs) in the 
atmosphere endanger the public health and welfare of current and future 
generations (the endangerment finding), and (2) GHGs emitted from 
certain classes of engines used in certain aircraft \1\ are 
contributing to the air pollution--the mix of those six GHGs in the 
atmosphere--that endangers public health and welfare (the cause or 
contribute finding, or contribution finding). The Administrator made 
these findings using the same definitions of ``air pollution'' and 
``air pollutant'' as were used in earlier findings under CAA section 
202(a)(1) regarding motor vehicle GHG emissions (the 2009 Findings), 
namely the combined mix of six key well-mixed GHGs: carbon dioxide 
(CO2), methane, nitrous oxide, hydrofluorocarbons (HFCs), 
perfluorocarbons (PFCs), and sulfur hexafluoride (SF6). 
While the 2009 Findings under CAA section 202(a)(1) relate to GHG 
emissions from new motor vehicles and new motor vehicle engines, these 
findings under CAA section 231(a)(2)(A) relate to GHG emissions from 
certain classes of engines used in certain aircraft. These findings 
were published in the Federal Register on August 15, 2016 (81 FR 
54422), and became effective on September 14, 2016 (2016 Findings).
---------------------------------------------------------------------------

    \1\ The contribution finding concludes that GHG emissions from 
certain classes of engines used in ``U.S. covered aircraft'' 
contribute to the air pollution that endangers public health and 
welfare. The finding defines ``U.S. covered aircraft'' to be 
subsonic jet aircraft with a maximum takeoff mass (MTOM) greater 
than 5,700 kilograms and subsonic propeller driven aircraft (e.g., 
turboprops) with a MTOM greater than 8,618 kilograms. This 
contribution finding for engines used in U.S. covered aircraft 
results in the vast majority (89 percent) of total U.S. aircraft GHG 
emissions being included in this determination.
---------------------------------------------------------------------------

    The Biogenic CO2 Coalition (Petitioner) submitted a 
petition dated October 14, 2016 asking the EPA to reconsider the 2016 
Findings with respect to the Agency's treatment of biogenic carbon 
dioxide (CO2) emissions from short-cycle annual herbaceous 
crops. CAA section 307(d)(7)(B) states that ``[o]nly an objection to a 
rule or procedure which was raised with reasonable specificity during 
the period for public comment (including any public hearing) may be 
raised during judicial review. If the person raising an objection can 
demonstrate to the Administrator that it was impracticable to raise 
such objection within such time or if the grounds for such objection 
arose after the period for public comment (but within the time 
specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule, the Administrator shall convene a 
proceeding for reconsideration of the rule and provide the same 
procedural rights as would have been afforded had the information been 
available at the time the rule was proposed.''
    The EPA carefully reviewed the petition for reconsideration and 
evaluated all the information presented on the issues raised, along 
with information contained in the docket for the 2016 Findings, in 
reaching a decision on the petition. The EPA has concluded that the 
petition does not meet the criteria for reconsideration in CAA section 
307(d)(7)(B). In a letter to the petitioner, the EPA Administrator, 
Gina McCarthy, denied the petition for reconsideration. The letter 
included an enclosure, a Reconsideration Response document entitled 
``Response to the Biogenic CO2 Coalition's Petition for 
Reconsideration of the Final Finding that Greenhouse Gas Emissions from 
Aircraft Cause or Contribute to Air Pollution that May Reasonably Be 
Anticipated to Endanger Public Health and Welfare,'' that articulates 
in detail the rationale for the EPA's final responses to the petition 
for reconsideration and the EPA Administrator's denial of that 
petition. These documents are all available in the docket for this 
action.

IV. Conclusion

    For the reasons discussed in the letter to the petitioner and the 
Reconsideration Response document, the petition to reconsider the final 
Finding that Greenhouse Gas Emissions from Aircraft Cause or Contribute 
to Air Pollution that May Reasonably Be Anticipated to Endanger Public 
Health and Welfare is denied.


[[Page 96415]]


    Dated: December 21, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-31644 Filed 12-29-16; 8:45 am]
 BILLING CODE 6560-50-P



                                                                        Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules                                          96413

                                                  the bet in the ‘‘exacta’’ pool and $3,100 with            (h) Effective/applicability date.                   ENVIRONMENTAL PROTECTION
                                                  respect to the bet in the ‘‘trifecta’’ pool.                                                                  AGENCY
                                                  Under paragraph (c)(1)(iii)(A) of this section,         *     *     *    *     *
                                                  the bets are not identical bets. Under                  ■ Par. 4. Section 31.3406(g)–2 is                     40 CFR Parts 87 and 1068
                                                  paragraph (c)(1)(ii) of this section, the bets          amended by revising paragraphs (d)(2)
                                                  are not aggregated for purposes of                      and (3) and adding paragraph (h) to read              [EPA–HQ–OAR–2014–0828; FRL–9957–73–
                                                  determining the amount of the wager for                                                                       OAR]
                                                  either payment because they are not wagers              as follows:
                                                  in the same parimutuel pool. No section                                                                       Reconsideration of Finding That
                                                                                                          § 31.3406(g)–2 Exception for reportable
                                                  3402(q) withholding is required on either                                                                     Greenhouse Gas Emissions From
                                                  payment because neither payment separately              payment for which withholding is otherwise
                                                                                                          required.                                             Aircraft Cause or Contribute to Air
                                                  exceeds the $5,000 withholding threshold.
                                                     Example 15. C makes two $100 bets for the
                                                                                                                                                                Pollution That May Reasonably Be
                                                                                                          *       *    *    *      *
                                                  same dog to win a particular race. C places                                                                   Anticipated To Endanger Public Health
                                                  one bet at the racetrack and one bet at an off-            (d) * * *                                          and Welfare
                                                  track betting establishment, but the two pools             (2) Definition of a reportable gambling
                                                  constitute a single pool. C receives separate                                                                 AGENCY:  Environmental Protection
                                                                                                          winning and determination of amount                   Agency (EPA).
                                                  tickets for each bet. C wins both bets and is
                                                                                                          subject to backup withholding. For
                                                  paid $4,000 from the racetrack and $4,000                                                                     ACTION: Notice of final action denying
                                                  from the off-track betting establishment.               purposes of withholding under section                 petition for reconsideration.
                                                  Under paragraph (c)(1)(ii) of this section, the         3406, a reportable gambling winning is
                                                  bets are not aggregated for purposes of                 any gambling winning subject to                       SUMMARY:   This action provides notice
                                                  determining the amount of the wager because             information reporting under section                   that the U.S. Environmental Protection
                                                  the wager placed at the racetrack and the               6041. A gambling winning (other than a                Agency (EPA) Administrator, Gina
                                                  wager placed at the off-track betting                                                                         McCarthy, denied a petition for
                                                  establishment are reflected on separate                 winning from bingo, keno, or slot
                                                  tickets, despite being placed in the same               machines) is a reportable gambling                    reconsideration of the final Finding that
                                                  parimutuel pool. No section 3402(q)                     winning only if the amount paid with                  Greenhouse Gas Emissions from Aircraft
                                                  withholding is required because neither                 respect to the wager is $600 or more and              Cause or Contribute to Air Pollution that
                                                  payment separately exceeds the $5,000                   if the proceeds are at least 300 times as             May Reasonably Be Anticipated to
                                                  withholding threshold.                                  large as the amount wagered. See                      Endanger Public Health and Welfare,
                                                     Example 16. C places a $200 Pick 6 bet                                                                     published in the Federal Register on
                                                  for a series of races at the racetrack on a             § 1.6041–10 of this chapter to determine
                                                                                                          whether a winning from bingo, keno, or                August 15, 2016.
                                                  particular day and receives a single ticket for
                                                  the bet. No wager correctly picks all six races         slot machines is a reportable gambling                DATES: The EPA took final action to
                                                  that day, so that portion of the pool carries           winning and thus subject to                           deny the petition for reconsideration on
                                                  over to the following day. On the following             withholding under section 3406. The                   December 21, 2016.
                                                  day, C places an additional $200 Pick 6 bet                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                          amount of a reportable gambling
                                                  for that day’s series of races and receives a                                                                 Lesley Jantarasami, Office of
                                                  new ticket for that bet. C wins $100,000 on             winning is—
                                                                                                                                                                Atmospheric Programs, Climate Change
                                                  the second day. Pursuant to the rule in                    (i) The amount paid with respect to
                                                  paragraph (c)(1)(ii) of this section, the bets
                                                                                                                                                                Division, Environmental Protection
                                                                                                          the amount of the wager reduced, at the               Agency, 1200 Pennsylvania Ave. NW.,
                                                  are on two separate tickets, so C’s two Pick            option of the payer; by
                                                  6 bets are not aggregated for purposes of                                                                     Mail Code 6207–A, Washington DC
                                                  determining the amount of the wager.                       (ii) The amount of the wager.                      20460; Telephone number: (202) 343–
                                                  Assuming that the applicable rate is 25%, the              (3) Special rules. For special rules for           9990; Email address:
                                                  racetrack must deduct and withhold $24,950                                                                    ghgendangerment@epa.gov.
                                                  (($100,000 ¥ $200) × 25%) because the                   determining the amount of the wager in
                                                                                                          a wagering transaction with respect to                SUPPLEMENTARY INFORMATION:
                                                  amount of the proceeds of $99,800 ($100,000
                                                  ¥ $200) is greater than $5,000, and is at least         horse racing, dog racing, and jai alai, or            I. General Information
                                                  300 times as great as the amount wagered                amounts paid with respect to identical
                                                  ($200 × 300 = $60,000). The racetrack also              wagers, see § 31.3402(q)–1(c).                        A. How can I get copies of this
                                                  must report C’s winnings on Form W–2G                                                                         document and other related
                                                  pursuant to paragraph (e) of this section and           *       *    *    *      *                            information?
                                                  furnish a copy of the Form W–2G to C.                      (h) Applicability date. The rules apply              This Federal Register document, the
                                                    (g) Applicability date. These rules                   to reportable gambling winnings paid                  petition for reconsideration and the
                                                  apply to payments made after [the date                  after [the date of publication of the                 EPA’s response addressing the petition
                                                  of publication of the Treasury decision                 Treasury decision adopting these rules                for reconsideration are available in the
                                                  adopting these rules as final regulations               as final regulations in the Federal                   docket under Docket ID No. EPA–HQ–
                                                  in the Federal Register]. For rules that                Register]. For reportable gambling                    OAR–2014–0828.
                                                  apply to payments made before that                      winnings paid on or before [the date of                 Docket. The EPA has established a
                                                  date, see 26 CFR 31.3402(q)–1 (revised                  publication of the Treasury decision                  docket for this action under Docket ID
                                                  April 2015).                                            adopting these rules as final regulations             No. EPA–HQ–OAR–2014–0828.
                                                  ■ Par. 3. Section 31.3406–0 is amended                  in the Federal Register], § 31.3406(g)–               Publicly available docket materials are
                                                  by adding an entry for paragraph (h) to                 2 (as contained in 26 CFR part 31,                    available either electronically through
                                                  § 31.3406(g)–2 to read as follows:                      revised April 2015) applies.                          http://www.regulations.gov or in hard
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  § 31.3406–0 Outline of the backup                                                                             copy at the EPA Docket Center (EPA/
                                                                                                          John Dalrymple,                                       DC), EPA WJC West, Room 3334, 1301
                                                  withholding regulations.
                                                                                                          Deputy Commissioner for Services and                  Constitution Ave. NW., Washington,
                                                  *      *     *       *      *                           Enforcement.                                          DC. The EPA Docket Center Public
                                                  § 31.3406(g)–2 Exception for reportable                 [FR Doc. 2016–31579 Filed 12–29–16; 8:45 am]          Reading Room is open from 8:30 a.m. to
                                                  payments for which backup withholding is                BILLING CODE 4830–01–P                                4:30 p.m., Monday through Friday,
                                                  otherwise required.                                                                                           excluding legal holidays. The telephone
                                                  *      *     *       *      *                                                                                 number for the Public Reading Room is


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                                                  96414                 Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules

                                                  (202) 566–1744, and the telephone                       from GHG pollution and contributions                  October 14, 2016 asking the EPA to
                                                  number for the Air Docket is (202) 566–                 to such pollution that occur across the               reconsider the 2016 Findings with
                                                  1742. This action, the petition for                     nation.                                               respect to the Agency’s treatment of
                                                  reconsideration and the EPA’s response                    Thus, any petition for judicial review              biogenic carbon dioxide (CO2) emissions
                                                  addressing the petition can also be                     of the EPA’s decision to deny the                     from short-cycle annual herbaceous
                                                  found on the EPA’s Web site at https://                 petition for reconsideration described in             crops. CAA section 307(d)(7)(B) states
                                                  www.epa.gov/regulations-emissions-                      this document must be filed in the U.S.               that ‘‘[o]nly an objection to a rule or
                                                  vehicles-and-engines/final-rule-finding-                Court of Appeals for the District of                  procedure which was raised with
                                                  greenhouse-gas-emissions-aircraft.                      Columbia Circuit by February 28, 2017.                reasonable specificity during the period
                                                    Electronic access. You may access this                                                                      for public comment (including any
                                                  Federal Register document                               III. Description of Action
                                                                                                             On July 25, 2016, EPA Administrator                public hearing) may be raised during
                                                  electronically from the Government
                                                                                                          McCarthy signed the action entitled                   judicial review. If the person raising an
                                                  Printing Office under the ‘‘Federal
                                                  Register’’ listings at FDSys (http://                   ‘‘Finding that Greenhouse Gas                         objection can demonstrate to the
                                                  www.gpo.gov/fdsys/browse/                               Emissions from Aircraft Cause or                      Administrator that it was impracticable
                                                  collection.action?collectionCode=FR).                   Contribute to Air Pollution that May                  to raise such objection within such time
                                                                                                          Reasonably Be Anticipated to Endanger                 or if the grounds for such objection
                                                  II. Judicial Review                                                                                           arose after the period for public
                                                                                                          Public Health and Welfare.’’ That action
                                                     Section 307(b)(1) of the Clean Air Act               included two findings under section                   comment (but within the time specified
                                                  (CAA) indicates which Federal Court of                  231(a)(2)(A) of the CAA. These findings               for judicial review) and if such objection
                                                  Appeals have venue over petitions for                   were that: (1) Concentrations of six well-            is of central relevance to the outcome of
                                                  review of final EPA actions. This section               mixed greenhouse gases (GHGs) in the                  the rule, the Administrator shall
                                                  provides, in part, that the petitions for               atmosphere endanger the public health                 convene a proceeding for
                                                  review must be filed in the Court of                    and welfare of current and future                     reconsideration of the rule and provide
                                                  Appeals for the District of Columbia                    generations (the endangerment finding),               the same procedural rights as would
                                                  Circuit if: (i) The agency action consists              and (2) GHGs emitted from certain                     have been afforded had the information
                                                  of ‘‘nationally applicable regulations                  classes of engines used in certain                    been available at the time the rule was
                                                  promulgated, or final action taken, by                  aircraft 1 are contributing to the air                proposed.’’
                                                  the Administrator;’’ or (ii) such actions               pollution—the mix of those six GHGs in
                                                  are locally or regionally applicable, if                                                                         The EPA carefully reviewed the
                                                                                                          the atmosphere—that endangers public                  petition for reconsideration and
                                                  ‘‘such action is based on a                             health and welfare (the cause or
                                                  determination of nationwide scope or                                                                          evaluated all the information presented
                                                                                                          contribute finding, or contribution
                                                  effect and if in taking such action the                                                                       on the issues raised, along with
                                                                                                          finding). The Administrator made these
                                                  Administrator finds and publishes that                                                                        information contained in the docket for
                                                                                                          findings using the same definitions of
                                                  such action is based on such a                                                                                the 2016 Findings, in reaching a
                                                                                                          ‘‘air pollution’’ and ‘‘air pollutant’’ as
                                                  determination.’’                                                                                              decision on the petition. The EPA has
                                                                                                          were used in earlier findings under CAA
                                                     The EPA has determined that its                      section 202(a)(1) regarding motor                     concluded that the petition does not
                                                  action denying the petition for                         vehicle GHG emissions (the 2009                       meet the criteria for reconsideration in
                                                  reconsideration is nationally applicable                Findings), namely the combined mix of                 CAA section 307(d)(7)(B). In a letter to
                                                  for purposes of CAA section 307(b)(1)                   six key well-mixed GHGs: carbon                       the petitioner, the EPA Administrator,
                                                  because it affects the final Finding that               dioxide (CO2), methane, nitrous oxide,                Gina McCarthy, denied the petition for
                                                  Greenhouse Gas Emissions from Aircraft                                                                        reconsideration. The letter included an
                                                                                                          hydrofluorocarbons (HFCs),
                                                  Cause or Contribute to Air Pollution that                                                                     enclosure, a Reconsideration Response
                                                                                                          perfluorocarbons (PFCs), and sulfur
                                                  May Reasonably Be Anticipated to                                                                              document entitled ‘‘Response to the
                                                                                                          hexafluoride (SF6). While the 2009
                                                  Endanger Public Health and Welfare,                                                                           Biogenic CO2 Coalition’s Petition for
                                                                                                          Findings under CAA section 202(a)(1)
                                                  and that finding triggers the EPA’s                                                                           Reconsideration of the Final Finding
                                                                                                          relate to GHG emissions from new
                                                  statutory duty to promulgate aircraft                                                                         that Greenhouse Gas Emissions from
                                                                                                          motor vehicles and new motor vehicle
                                                  engine emission standards under CAA                                                                           Aircraft Cause or Contribute to Air
                                                                                                          engines, these findings under CAA
                                                  section 231, which are nationally                                                                             Pollution that May Reasonably Be
                                                                                                          section 231(a)(2)(A) relate to GHG
                                                  applicable regulations and for which                                                                          Anticipated to Endanger Public Health
                                                                                                          emissions from certain classes of
                                                  judicial review will be available only in                                                                     and Welfare,’’ that articulates in detail
                                                                                                          engines used in certain aircraft. These
                                                  the U.S. Court of Appeals for the District                                                                    the rationale for the EPA’s final
                                                                                                          findings were published in the Federal
                                                  of Columbia Circuit. Moreover, EPA
                                                                                                          Register on August 15, 2016 (81 FR                    responses to the petition for
                                                  already determined that the subject
                                                                                                          54422), and became effective on                       reconsideration and the EPA
                                                  finding was nationally applicable, see
                                                                                                          September 14, 2016 (2016 Findings).                   Administrator’s denial of that petition.
                                                  81 FR 54422 (Aug. 15, 2016), and that                      The Biogenic CO2 Coalition                         These documents are all available in the
                                                  finding has in fact been challenged in
                                                                                                          (Petitioner) submitted a petition dated               docket for this action.
                                                  the U.S. Court of Appeals for the District
                                                  of Columbia Circuit. In the alternative,                   1 The contribution finding concludes that GHG      IV. Conclusion
                                                  even if this action were considered to be               emissions from certain classes of engines used in
                                                  only locally or regionally applicable, the              ‘‘U.S. covered aircraft’’ contribute to the air          For the reasons discussed in the letter
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  Administrator has determined that it                    pollution that endangers public health and welfare.   to the petitioner and the
                                                                                                          The finding defines ‘‘U.S. covered aircraft’’ to be   Reconsideration Response document,
                                                  has nationwide scope and effect within                  subsonic jet aircraft with a maximum takeoff mass
                                                  the meaning of CAA section 307(b)(1)                    (MTOM) greater than 5,700 kilograms and subsonic      the petition to reconsider the final
                                                  both because EPA has determined that                    propeller driven aircraft (e.g., turboprops) with a   Finding that Greenhouse Gas Emissions
                                                  the final finding has nationwide scope                  MTOM greater than 8,618 kilograms. This               from Aircraft Cause or Contribute to Air
                                                                                                          contribution finding for engines used in U.S.
                                                  and effect within the meaning of CAA                    covered aircraft results in the vast majority (89
                                                                                                                                                                Pollution that May Reasonably Be
                                                  section 307(b)(1), see 81 FR 54422 (Aug.                percent) of total U.S. aircraft GHG emissions being   Anticipated to Endanger Public Health
                                                  15, 2016), and because it concerns risks                included in this determination.                       and Welfare is denied.


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                                                                        Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules                                               96415

                                                    Dated: December 21, 2016.                             December 22, 2016. The full text of the               SUPPLEMENTARY INFORMATION:      This is a
                                                  Gina McCarthy,                                          Petitions is available for viewing and                summary of the Commission’s
                                                  Administrator.                                          copying at the FCC Reference                          document, Report No. 3064, released
                                                  [FR Doc. 2016–31644 Filed 12–29–16; 8:45 am]            Information Center, 445 12th Street SW.,              December 21, 2016. The full text of the
                                                  BILLING CODE 6560–50–P
                                                                                                          Room CY–A257, Washington, DC 20554                    Petitions is available for viewing and
                                                                                                          or may be accessed online via the                     copying at the FCC Reference
                                                                                                          Commission’s Electronic Comment                       Information Center, 445 12th Street SW.,
                                                  FEDERAL COMMUNICATIONS                                  Filing System at: http://apps.fcc.gov/                Room CY–A257, Washington, DC 20554
                                                  COMMISSION                                              ecfs/. The Commission will not send a                 or may be accessed online via the
                                                                                                          copy of this document pursuant to the                 Commission’s Electronic Comment
                                                  47 CFR Parts 1, 2, 15, 25, 30, and 101                  Congressional Review Act, 5 U.S.C.                    Filing System at: http://apps.fcc.gov/
                                                                                                          801(a)(1)(A), because this document                   ecfs/. The Commission will not send a
                                                  [GN Docket No. 14–177, IB Docket Nos. 15–               does not have an impact on any rules of               copy of this document pursuant to the
                                                  256 and 97–95, WT Docket No. 10–112;
                                                  Report No. 3065]
                                                                                                          particular applicability.                             Congressional Review Act, 5 U.S.C.
                                                                                                            Subject: Use of Spectrum Bands                      801(a)(1)(A), because this document
                                                  Petitions for Reconsideration of Action                 Above 24 GHz for Mobile Radio                         does not have an impact on any rules of
                                                  in Rulemaking Proceeding                                Services, FCC 16–89, published at 81 FR               particular applicability.
                                                                                                          79894, November 14, 2016, in GN                         Subject: 2014 Quadrennial Regulatory
                                                  AGENCY:  Federal Communications                         Docket No. 14–177, IB Docket Nos. 15–                 Review—Review of the Commission’s
                                                  Commission.                                             256 and 97–95, RM–11664, and WT                       Broadcast Ownership Rules and Other
                                                  ACTION: Petition for Reconsideration.                   Docket No. 10–112. This document is                   Rules Adopted Pursuant to Section 202
                                                                                                          being published pursuant to 47 CFR                    of the Telecommunications Act of 1996,
                                                  SUMMARY:    Petitions for Reconsideration
                                                                                                          1.429(e). See also 47 CFR 1.4(b)(1) and               FCC 16–107, published at 81 FR 76220,
                                                  (Petitions) have been filed in the
                                                                                                          1.429(f), (g).                                        November 1, 2016, in MB Docket Nos.
                                                  Commission’s rulemaking proceeding
                                                                                                            Number of Petitions Filed: 13.                      14–50, 09–182, 07–294, and 04–256.
                                                  by Chris Pearson, on behalf of 5G
                                                                                                          Federal Communications Commission.                    This document is being published
                                                  Americas; Donald L. Herman, Jr., on
                                                                                                          Katura Howard,
                                                                                                                                                                pursuant to 47 CFR 1.429(e). See also 47
                                                  behalf of Adams Telcom, Inc., jointly
                                                                                                                                                                CFR 1.4(b)(1) and 1.429(f), (g).
                                                  with Central Texas Communications,                      Federal Register Liaison Officer, Office of the
                                                                                                          Secretary.
                                                                                                                                                                  Number of Petitions Filed: 3.
                                                  Inc., E.N.M.R. Telephone Cooperative,
                                                  Louisiana Competitive                                   [FR Doc. 2016–31709 Filed 12–29–16; 8:45 am]          Federal Communications Commission.
                                                  Telecommunications, Inc., and Pine Belt                 BILLING CODE 6712–01–P                                Katura Howard,
                                                  Communications, Inc.; Audrey L.                                                                               Federal Register Liaison Officer, Office of the
                                                  Allison, on behalf of The Boeing                                                                              Secretary.
                                                  Company; Steven K. Berry, on behalf of                  FEDERAL COMMUNICATIONS                                [FR Doc. 2016–31708 Filed 12–29–16; 8:45 am]
                                                  Competitive Carriers Association; Brian                 COMMISSION                                            BILLING CODE 6712–01–P
                                                  M. Josef, on behalf of CTIA; Giselle
                                                  Creeser, on behalf of Inmarsat, Inc.,                   47 CFR Part 73
                                                  jointly with Jennifer A. Manner, on                                                                           DEPARTMENT OF COMMERCE
                                                  behalf of EchoStar Satellite Operating                  [MB Docket Nos. 14–50, 09–182, 07–294,
                                                  Corporation and Hughes Network                          and 04–256; Report No. 3064]                          National Oceanic and Atmospheric
                                                  Systems LLC; Rick Chessen, on behalf of                                                                       Administration
                                                  NTCA—The Internet & Television                          Petitions for Reconsideration of Action
                                                  Association; Michele C. Farquhar, on                    in Rulemaking Proceeding
                                                                                                                                                                50 CFR Part 217
                                                  behalf of Nextlink Wireless, LLC; Petra                 AGENCY:  Federal Communications
                                                  Vorwig, on behalf of SES Americom,                      Commission.                                           [Docket No. 160929897–6897–01]
                                                  Inc., jointly with Suzanne Malloy, on                   ACTION: Petition for Reconsideration.                 RIN 0648–BG37
                                                  behalf of O3b Limited; Tom Stroup, on
                                                  behalf of Satellite Industry Association;               SUMMARY:   Petitions for Reconsideration              Taking and Importing Marine
                                                  James Reid, on behalf of                                (Petitions) have been filed in the                    Mammals; Taking Marine Mammals
                                                  Telecommunications Industry                             Commission’s rulemaking proceeding                    Incidental to Russian River Estuary
                                                  Association; Steve B. Sharkey, on behalf                by David Oxenford and Kelly Donohue,                  Management Activities
                                                  of T-Mobile USA, Inc.; and Christopher                  on behalf of Connoisseur Media, LLC.;
                                                  Murphy, on behalf of ViaSat, Inc.                       Richard J. Bodorff et al., on behalf of               AGENCY:  National Marine Fisheries
                                                  DATES: Oppositions to the Petition must                 Nexstar Broadcasting, Inc.; and Rick                  Service (NMFS), National Oceanic and
                                                  be filed on or before January 17, 2017.                 Kaplan et al., on behalf of National                  Atmospheric Administration (NOAA),
                                                  Replies to an opposition must be filed                  Association of Broadcasters.                          Commerce.
                                                  on or before January 24, 2017.                          DATES: Oppositions to the Petitions                   ACTION: Proposed rule.
                                                  ADDRESSES: Federal Communications                       must be filed on or before January 17,                SUMMARY:   NMFS has received a request
                                                  Commission, 445 12th Street SW.,                        2017. Replies to an opposition must be                from the Sonoma County Water Agency
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  Washington, DC 20554.                                   filed on or before January 24, 2017.                  (SCWA) for authorization to take marine
                                                  FOR FURTHER INFORMATION CONTACT: John                   ADDRESSES: Federal Communications                     mammals incidental to Russian River
                                                  Schauble, Wireless Telecommunications                   Commission, 445 12th Street SW.,                      estuary management activities in
                                                  Bureau, (202) 418–0797; email:                          Washington, DC 20554.                                 Sonoma County, California, over the
                                                  John.Schauble@fcc.gov.                                  FOR FURTHER INFORMATION CONTACT:                      course of five years (2017–2022). As
                                                  SUPPLEMENTARY INFORMATION: This is a                    Benjamin Arden, Media Bureau, (202)                   required by the Marine Mammal
                                                  summary of the Commission’s                             418–2605; email:                                      Protection Act (MMPA), NMFS is
                                                  document, Report No. 3065, released                     Benjamin.Arden@fcc.gov.                               proposing regulations to govern that


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Document Created: 2016-12-30 05:16:20
Document Modified: 2016-12-30 05:16:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of final action denying petition for reconsideration.
DatesThe EPA took final action to deny the petition for reconsideration on December 21, 2016.
ContactLesley Jantarasami, Office of Atmospheric Programs, Climate Change Division, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Mail Code 6207-A, Washington DC
FR Citation81 FR 96413 
CFR Citation40 CFR 1068
40 CFR 87

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