82 FR 1603 - Air Plan Approval; Ohio; Redesignation of the Cleveland, Ohio Area to Attainment of the 2008 Ozone Standard
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 4 (January 6, 2017)
Federal Register Volume 82, Issue 4 (January 6, 2017)
| Page Range | 1603-1606 | |
| FR Document | 2016-31634 |
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)] [Rules and Regulations] [Pages 1603-1606] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31634] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA-R05-OAR-2016-0396; FRL-9957-80-Region 5] Air Plan Approval; Ohio; Redesignation of the Cleveland, Ohio Area to Attainment of the 2008 Ozone Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) finds that the Cleveland-Akron-Lorain, Ohio area (Cleveland area) is attaining the 2008 ozone National Ambient Air Quality Standard (NAAQS or standard) and is redesignating the area to attainment for the 2008 ozone NAAQS, because the area meets the statutory requirements for redesignation under the Clean Air Act (CAA). The Cleveland area includes Ashtabula, Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit counties. EPA is also approving, as a revision to the Ohio State Implementation Plan (SIP), the state's plan for maintaining the 2008 ozone standard through 2030 in the Cleveland area. Finally, EPA finds adequate and is approving the state's 2020 and 2030 volatile organic compound (VOC) and oxides of nitrogen (NOX ) Motor Vehicle Emission Budgets (MVEBs) for the Cleveland area. The Ohio Environmental Protection Agency (Ohio EPA) submitted the SIP revision and redesignation request on July 6, 2016. DATES: This final rule is effective January 6, 2017. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0396. All documents in the docket are listed in the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through http://www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Jenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), [[Page 1604]] Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6832, [email protected]. SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' ``us,'' or ``our'' is used, we mean EPA. I. What is being addressed in this document? This rule takes action on the July 6, 2016 submission from Ohio EPA requesting redesignation of the Cleveland area to attainment for the 2008 ozone standard. The background for today's action is discussed in detail in EPA's proposal, dated October 17, 2016 (81 FR 71444). In that rulemaking, we noted that, under EPA regulations at 40 CFR part 50, the 2008 ozone NAAQS is attained in an area when the 3-year average of the annual fourth highest daily maximum 8-hour average concentration is equal to or less than 0.075 ppm, when truncated after the thousandth decimal place, at all of the ozone monitoring sites in the area. (See 40 CFR 50.15 and appendix P to 40 CFR part 50.) Under the CAA, EPA may redesignate nonattainment areas to attainment if sufficient complete, quality-assured data are available to determine that the area has attained the standard and if it meets the other CAA redesignation requirements in section 107(d)(3)(E). The proposed rule, dated October 17, 2016, provides a detailed discussion of how Ohio has met these CAA requirements. As discussed in the proposed rule, quality-assured and certified monitoring data for 2013-2015 and preliminary data for 2016 show that the Cleveland area has attained and continues to attain the 2008 ozone standard. In the maintenance plan submitted for the area, Ohio has demonstrated that the ozone standard will be maintained in the area through 2030. Finally, Ohio has adopted 2020 and 2030 VOC and NOX MVEBs for the Cleveland area that are supported by Ohio's maintenance demonstration. II. What comments did we receive on the proposed rule? EPA provided a 30-day review and comment period for the October 17, 2016, proposed rule. The comment period ended on November 16, 2016. During the comment period, comments in support of the action were submitted on behalf of the Ohio Utility Group and its member companies. We received no adverse comments on the proposed rule. III. What action is EPA taking? EPA finds that the Cleveland nonattainment area is attaining the 2008 ozone standard, based on quality-assured and certified monitoring data for 2013-2015 and that the Ohio portion of this area has met the requirements for redesignation under section 107(d)(3)(E) of the CAA. EPA is thus changing the legal designation of the Cleveland area from nonattainment to attainment for the 2008 ozone standard. EPA is also approving, as a revision to the Ohio SIP, the state's maintenance plan for the area. The maintenance plan is designed to keep the Cleveland area in attainment of the 2008 ozone NAAQS through 2030. Finally, EPA finds adequate and is approving the newly-established 2020 and 2030 MVEBs for the Cleveland area. In accordance with 5 U.S.C. 553(d), EPA finds there is good cause for these actions to become effective immediately upon publication. This is because a delayed effective date is unnecessary due to the nature of a redesignation to attainment, which relieves the area from certain CAA requirements that would otherwise apply to it. The immediate effective date for this action is authorized under both 5 U.S.C. 553(d)(1), which provides that rulemaking actions may become effective less than 30 days after publication if the rule ``grants or recognizes an exemption or relieves a restriction,'' and section 553(d)(3), which allows an effective date less than 30 days after publication ``as otherwise provided by the agency for good cause found and published with the rule.'' The purpose of the 30-day waiting period prescribed in section 553(d) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today's rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today's rule relieves the state of planning requirements for this ozone nonattainment area. For these reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for these actions to become effective on the date of publication of these actions. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of [[Page 1605]] Indian country, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by March 7, 2017. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Oxides of nitrogen, Ozone, Volatile organic compounds. 40 CFR Part 81 Environmental protection, Administrative practice and procedure, Air pollution control, Designations and classifications, Intergovernmental relations, Nitrogen oxides, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. Dated: December 21, 2016. Robert A. Kaplan Acting Regional Administrator, Region 5. 0 Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 2. Section 52.1885 is amended by adding paragraph (pp)(3) to read as follows: Sec. 52.1885 Control strategy: Ozone. * * * * * (pp) * * * (3) Approval--On July 6, 2016, the Ohio Environmental Protection Agency submitted a request to redesignate the Cleveland area to attainment of the 2008 ozone NAAQS. As part of the redesignation request, the State submitted a maintenance plan as required by section 175A of the Clean Air Act. Elements of the section 175 maintenance plan include a contingency plan and an obligation to submit a subsequent maintenance plan revision in eight years as required by the Clean Air Act. The 2020 motor vehicle emissions budgets for the Cleveland area are 38.85 tons per summer day (TPSD) for VOC and 61.56 TPSD for NO X . The 2030 motor vehicle emissions budgets for the Cleveland area are 30.80 TPSD for VOC and 43.82 TPSD for NOX . PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 0 3. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. 0 4. Section 81.336 is amended by revising the entry for Cleveland-Akron- Lorain, OH in the table entitled ``Ohio-2008 8-Hour Ozone NAAQS (Primary and secondary)'' to read as follows: Sec. 81.336 Ohio. * * * * * Ohio--2008 8-Hour Ozone NAAQS [Primary and secondary] ---------------------------------------------------------------------------------------------------------------- Designation Classification Designated area --------------------------------------------------------------------------------- Date \1\ Type Date \1\ Type ---------------------------------------------------------------------------------------------------------------- * * * * * * * Cleveland, OH: \2\ Ashtabula 1/6/2017 Attainment. .................... .................... County, Cuyahoga County, Geauga County, Lake County, Lorain County, Medina County, Portage County, Summit County. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \1\ This date is July 20, 2012, unless otherwise noted. \2\ Excludes Indian country located in each area, unless otherwise noted. [[Page 1606]] * * * * * [FR Doc. 2016-31634 Filed 1-5-17; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Rules and Regulations 1603
of 684 Patients,’’ Journal of Obstetrics and § 884.4910 Specialized surgical ENVIRONMENTAL PROTECTION
Gynecology Research, 34(4):449–456, 2008. instrumentation for use with AGENCY
5. Maher, C.F., et al., ‘‘Surgical urogynecologic surgical mesh.
Management of Pelvic Organ Prolapse in 40 CFR Parts 52 and 81
Women,’’ Cochrane Database of Systematic
(a) Identification. Specialized surgical
Review, 4: CD004014, 2010. instrumentation for use with [EPA–R05–OAR–2016–0396; FRL–9957–80–
6. Diwadkar, G.B., et al., ‘‘Complication urogynecologic surgical mesh is a Region 5]
and Reoperation Rates After Apical Vaginal prescription device specifically
Prolapse Surgical Repair: A Systematic intended for use as an aid in the Air Plan Approval; Ohio;
Review,’’ Obstetrics & Gynecology, 113(2 Pt. insertion, placement, fixation, or Redesignation of the Cleveland, Ohio
1):67–73, 2009. anchoring of surgical mesh during Area to Attainment of the 2008 Ozone
7. Maher, C.F., et al., ‘‘Laparoscopic Sacral urogynecologic procedures. These Standard
Colpopexy Versus Total Vaginal Mesh for procedures include transvaginal pelvic
Vaginal Vault Prolapse: A Randomized AGENCY: Environmental Protection
organ prolapse repair, sacrocolpopexy
Trial,’’ American Journal of Obstetrics & Agency (EPA).
(transabdominal pelvic organ prolapse
Gynecology, 204(4):360.e1–360.e7, 2011. ACTION: Final rule.
repair), and treatment of female stress
8. Altman, D., et al., ‘‘Anterior
urinary incontinence. Examples of
Colporrhaphy Versus Transvaginal Mesh for SUMMARY: The Environmental Protection
Pelvic-Organ Prolapse,’’ New England specialized surgical instrumentation
Agency (EPA) finds that the Cleveland-
Journal of Medicine, 364:1826–1836, 2011. include needle passers and trocars,
Akron-Lorain, Ohio area (Cleveland
9. Iglesia, C.B., et al., ‘‘Vaginal Mesh for needle guides, fixation tools, and tissue
area) is attaining the 2008 ozone
Prolapse: A Randomized Controlled Trial,’’ anchors. This device is not a manual
National Ambient Air Quality Standard
Obstetrics & Gynecology, 116(2 Pt. 1):293– gastroenterology-urology surgical
(NAAQS or standard) and is
303, 2010. instrument and accessories (§ 876.4730)
10. Withagen, M.I., et al., ‘‘Trocar-Guided redesignating the area to attainment for
or a manual surgical instrument for
Mesh Compared With Conventional Vaginal the 2008 ozone NAAQS, because the
general use (§ 878.4800).
Repair in Recurrent Prolapse: A Randomized area meets the statutory requirements
Controlled Trial,’’ Obstetrics & Gynecology, (b) Classification. Class II (special for redesignation under the Clean Air
117(2 Pt. 1):242–250, 2011. controls). The special controls for Act (CAA). The Cleveland area includes
11. Sung, V.W., et al., Society of specialized surgical instrumentation for Ashtabula, Cuyahoga, Geauga, Lake,
Gynecologic Surgeons Systematic Review use with urogynecologic surgical mesh Lorain, Medina, Portage, and Summit
Group. ‘‘Graft Use in Transvaginal Pelvic are: counties. EPA is also approving, as a
Organ Prolapse and Urinary Incontinence,’’ (1) The device must be demonstrated revision to the Ohio State
Obstetrics & Gynecology, 112(5):1131–1142, to be biocompatible; Implementation Plan (SIP), the state’s
2008.
(2) The device must be demonstrated plan for maintaining the 2008 ozone
12. Hiltunen, R., et al., ‘‘Low-Weight
Polypropylene Mesh for Anterior Vaginal to be sterile and, if reusable, it must be standard through 2030 in the Cleveland
Wall Prolapse: A Randomized Controlled demonstrated that the device can be area. Finally, EPA finds adequate and is
Trial,’’ Obstetrics & Gynecology, 110(2 Pt. adequately reprocessed; approving the state’s 2020 and 2030
2):455–462, 2007. volatile organic compound (VOC) and
(3) Performance data must support the
13. Jia, X., et al., ‘‘Efficacy and Safety of oxides of nitrogen (NOX) Motor Vehicle
shelf life of the device by demonstrating
Using Mesh or Grafts in Surgery for Anterior Emission Budgets (MVEBs) for the
package integrity and device
and/or Posterior Vaginal Wall Prolapse: Cleveland area. The Ohio
Systematic Review and Meta-Analysis,’’ functionality over the requested shelf
Environmental Protection Agency (Ohio
British Journal of Obstetrics and Gynecology, life;
EPA) submitted the SIP revision and
115:1350–1361, 2008. (4) Non-clinical performance testing redesignation request on July 6, 2016.
14. Sivaslioglu, A.A., E. Unlubilgin, and I. must demonstrate that the device meets
Dolen, ‘‘A Randomized Comparison of DATES: This final rule is effective
all design specifications and
Polypropylene Mesh Surgery With Site- January 6, 2017.
performance requirements, and that the
Specific Surgery in the Treatment of device performs as intended under ADDRESSES: EPA has established a
Cystocoele,’’ International Urogynecology docket for this action under Docket ID
anticipated conditions of use; and
Journal and Pelvic Floor Dysfunction, No. EPA–R05–OAR–2016–0396. All
19(4):467–471, 2008. (5) Labeling must include: documents in the docket are listed in
(i) Information regarding the mesh the http://www.regulations.gov Web
List of Subjects in 21 CFR Part 884
design that may be used with the site. Although listed in the index, some
Medical devices. device; information is not publicly available,
(ii) Detailed summary of the clinical e.g., Confidential Business Information
Therefore, under the Federal Food,
evaluations pertinent to use of the or other information whose disclosure is
Drug, and Cosmetic Act and under
device; restricted by statute. Certain other
authority delegated to the Commissioner
(iii) Expiration date; and material, such as copyrighted material,
of Food and Drugs, 21 CFR part 884 is
is not placed on the Internet and will be
amended as follows: (iv) Where components are intended
publicly available only in hard copy
to be sterilized by the user prior to
PART 884—OBSTETRICAL AND form. Publicly available docket
initial use and/or are reusable, validated
GYNECOLOGICAL DEVICES materials are available either through
methods and instructions for
http://www.regulations.gov, or please
sterilization and/or reprocessing of any
sradovich on DSK3GMQ082PROD with RULES
1. The authority citation for part 884 contact the person identified in the FOR
■ reusable components.
FURTHER INFORMATION CONTACT section
continues to read as follows: Dated: December 28, 2016. for additional availability information.
Authority: 21 U.S.C. 351, 360, 360c, 360e, Leslie Kux, FOR FURTHER INFORMATION CONTACT:
360j, 371. Associate Commissioner for Policy. Jenny Liljegren, Physical Scientist,
■ 2. Add § 884.4910 to subpart E to read [FR Doc. 2016–31862 Filed 1–5–17; 8:45 am] Attainment Planning and Maintenance
as follows: BILLING CODE 4164–01–P Section, Air Programs Branch (AR–18J),
VerDate Sep<11>2014 17:18 Jan 05, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\06JAR1.SGM 06JAR1](https://thefederalregister.org/doc/82_FR_1607/page/1.svg)
![Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Rules and Regulations 1605
Indian country, this rule does not have for judicial review may be filed, and § 52.1885 Control strategy: Ozone.
tribal implications as specified by shall not postpone the effectiveness of * * * * *
Executive Order 13175 (65 FR 67249, such rule or action. This action may not
(pp) * * *
November 9, 2000), because be challenged later in proceedings to
redesignation is an action that affects enforce its requirements. (See section (3) Approval—On July 6, 2016, the
the status of a geographical area and 307(b)(2).) Ohio Environmental Protection Agency
does not impose any new regulatory submitted a request to redesignate the
List of Subjects
requirements on tribes, impact any Cleveland area to attainment of the 2008
existing sources of air pollution on 40 CFR Part 52 ozone NAAQS. As part of the
tribal lands, nor impair the maintenance Environmental protection, Air redesignation request, the State
of ozone national ambient air quality pollution control, Incorporation by submitted a maintenance plan as
standards in tribal lands. reference, Intergovernmental relations, required by section 175A of the Clean
The Congressional Review Act, 5 Air Act. Elements of the section 175
Oxides of nitrogen, Ozone, Volatile
U.S.C. 801 et seq., as added by the Small maintenance plan include a contingency
organic compounds.
Business Regulatory Enforcement plan and an obligation to submit a
Fairness Act of 1996, generally provides 40 CFR Part 81
subsequent maintenance plan revision
that before a rule may take effect, the Environmental protection, in eight years as required by the Clean
agency promulgating the rule must Administrative practice and procedure,
submit a rule report, which includes a Air Act. The 2020 motor vehicle
Air pollution control, Designations and emissions budgets for the Cleveland
copy of the rule, to each House of the classifications, Intergovernmental
Congress and to the Comptroller General area are 38.85 tons per summer day
relations, Nitrogen oxides, Ozone, (TPSD) for VOC and 61.56 TPSD for
of the United States. EPA will submit a Reporting and recordkeeping
report containing this action and other NOX. The 2030 motor vehicle emissions
requirements, Volatile organic
required information to the U.S. Senate, budgets for the Cleveland area are 30.80
compounds.
the U.S. House of Representatives, and TPSD for VOC and 43.82 TPSD for NOX.
the Comptroller General of the United Dated: December 21, 2016.
States prior to publication of the rule in Robert A. Kaplan PART 81—DESIGNATION OF AREAS
the Federal Register. A major rule Acting Regional Administrator, Region 5. FOR AIR QUALITY PLANNING
cannot take effect until 60 days after it ■ Parts 52 and 81, chapter I, title 40 of PURPOSES
is published in the Federal Register. the Code of Federal Regulations is
This action is not a ‘‘major rule’’ as amended as follows: ■ 3. The authority citation for part 81
defined by 5 U.S.C. 804(2). continues to read as follows:
Under section 307(b)(1) of the CAA, PART 52—APPROVAL AND Authority: 42 U.S.C. 7401 et seq.
petitions for judicial review of this PROMULGATION OF
action must be filed in the United States IMPLEMENTATION PLANS ■ 4. Section 81.336 is amended by
Court of Appeals for the appropriate revising the entry for Cleveland-Akron-
circuit by March 7, 2017. Filing a ■ 1. The authority citation for part 52 Lorain, OH in the table entitled ‘‘Ohio-
petition for reconsideration by the continues to read as follows: 2008 8-Hour Ozone NAAQS (Primary
Administrator of this final rule does not Authority: 42 U.S.C. 7401 et seq. and secondary)’’ to read as follows:
affect the finality of this action for the ■ 2. Section 52.1885 is amended by
purposes of judicial review nor does it adding paragraph (pp)(3) to read as § 81.336 Ohio.
extend the time within which a petition follows: * * * * *
OHIO—2008 8-HOUR OZONE NAAQS
[Primary and secondary]
Designation Classification
Designated area
Date 1 Type Date 1 Type
* * * * * * *
Cleveland, OH: 2 Ashtabula County, Cuyahoga County, Geauga County, 1/6/2017 Attainment.
Lake County, Lorain County, Medina County, Portage County, Summit
County.
* * * * * * *
1 This date is July 20, 2012, unless otherwise noted.
2 Excludes Indian country located in each area, unless otherwise noted.
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014 17:18 Jan 05, 2017 Jkt 241001 PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 E:\FR\FM\06JAR1.SGM 06JAR1](https://thefederalregister.org/doc/82_FR_1607/page/3.svg)
![1606 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Rules and Regulations
* * * * * Innovation Fund, and Volunteer new upper limit of the civil monetary
[FR Doc. 2016–31634 Filed 1–5–17; 8:45 am] Generation Fund programs to further its penalty is $10,957.
mission to improve lives, strengthen
BILLING CODE 6560–50–P III. Summary of Final Rule
communities, and foster civic
engagement through service and This final rule adjusts the civil
volunteering. For more information, monetary penalty amounts related to
CORPORATION FOR NATIONAL AND
visit NationalService.gov. Restrictions on Lobbying (45 CFR
COMMUNITY SERVICE The Federal Civil Penalties Inflation 1230.400) and the Program Fraud Civil
45 CFR Parts 1230 and 2554 Adjustment Act Improvements Act of Remedies Act of 1986 (45 CFR 2554.1).
2015 (Sec. 701 of Pub. L. 114–74) (the The range of civil monetary penalties
RIN 3045–AA67 ‘‘Act’’), which is intended to improve related to Restrictions on Lobbying
the effectiveness of civil monetary increase from ‘‘$18,936 to $189,361’’ to
Annual Civil Monetary Penalties penalties and to maintain the deterrent
Inflation Adjustment ‘‘$19,246 to $192,459.’’ The civil
effect of such penalties, requires monetary penalties for the Program
AGENCY: Corporation for National and agencies to adjust the civil monetary Fraud Civil Remedies Act of 1986
Community Service. penalties for inflation annually. increase from ‘‘up to $10,781’’ to ‘‘up to
ACTION: Interim final rule. II. Method of Calculation $10,957.’’
CNCS has two civil monetary IV. Regulatory Procedures
SUMMARY: The Corporation for National
penalties in its regulations. A civil
and Community Service (CNCS) is A. Determination of Good Cause for
monetary penalty under the Act is a
updating its regulations to reflect Publication Without Notice and
penalty, fine, or other sanction that is
required annual inflation-related for a specific monetary amount as Comment
increases to the civil monetary penalties provided by Federal law or has a
in its regulations, pursuant to the CNCS finds, under 5 U.S.C.
maximum amount provided for by 553(b)(3)(B), that there is good cause to
Federal Civil Penalties Inflation Federal law and is assessed or enforced
Adjustment Act Improvements Act of except this rule from the public notice
by an agency pursuant to Federal law and comment provisions of the
2015. and is assessed or enforced pursuant to Administrative Procedure Act, 5 U.S.C.
DATES: Effective date: This rule is an administrative proceeding or a civil 553(b). Because CNCS is implementing
effective January 15, 2017. action in the Federal courts. (See 28 a final rule pursuant to the Federal Civil
Comment due date: Technical U.S.C. 2461 note). Penalties Inflation Adjustment Act
comments may be submitted until The inflation adjustment for each Improvements Act of 2015, which
February 6, 2017. applicable civil monetary penalty is requires CNCS to update its regulations
ADDRESSES: You may send your determined using the percent increase based on a prescribed formula, CNCS
comments electronically through the in the Consumer Price Index for all has no discretion in the nature or
Federal government’s one-stop Urban Consumers (CPI–U) for the month amount of the change to the civil
rulemaking Web site at of October of the year in which the monetary penalties. Therefore, notice
www.regulations.gov. Also, you may amount of each civil money penalty was and comment for these proscribed
mail or deliver your comments to most recently established or modified. updates is impracticable and
Phyllis Green, Executive Assistant, In the December 16, 2016, OMB Memo unnecessary. As an interim final rule,
Office of General Counsel, at the for the Heads of Executive Agencies and no further regulatory action is required
Corporation for National and Departments, M–17–11, Implementation for the issuance of this legally binding
Community Service, 250 E Street SW., of the 2017 annual adjustment pursuant rule. If you would like to provide
Washington, DC 20525. Due to to the Federal Civil Penalties Inflation technical comments, however, they may
continued delays in CNCS’s receipt of Adjustment Act Improvements Act of be submitted until February 6, 2017.
mail, we strongly encourage comments 2015, OMB published the multiplier for
to be submitted online electronically. the required annual adjustment. The B. Review Under Procedural Statutes
The TDD/TTY number is 800 833–3722. cost-of-living adjustment multiplier for and Executive Orders
You may request this notice in an 2017, based on the CPI–U for the month
of October 2016, not seasonally CNCS has determined that making
alternative format for the visually technical changes to the amount of civil
impaired. adjusted, is 1.01636.
CNCS identified two civil penalties in monetary penalties in its regulations
FOR FURTHER INFORMATION CONTACT: its regulations: (1) The penalty does not trigger any requirements under
Phyllis Green, Executive Assistant, associated with Restrictions on procedural statutes and Executive
Office of General Counsel, at 202–606– Lobbying (45 CFR 1230.400) and (2) the Orders that govern rulemaking
6709 or email to pgreen@cns.gov. penalty associated with the Program procedures.
Individuals who use a Fraud Civil Remedies Act (45 CFR V. Effective Date
telecommunications device for the deaf 2554.1).
(TTY–TDD) may call 800–833–3722 The civil monetary penalties related This rule is effective January 15, 2017.
between 8:00 a.m. and 8:00 p.m. Eastern to Restrictions on Lobbying (Section The adjusted civil penalty amounts
Time, Monday through Friday. 319, Pub. L. 101–121; 31 U.S.C. 1352) apply to civil penalties assessed on or
SUPPLEMENTARY INFORMATION: range from $18,936 to $189,361. Using after January 15, 2017, when the
sradovich on DSK3GMQ082PROD with RULES
the 2017 multiplier, the new range of violation occurred after November 2,
I. Background 2015. If the violation occurred prior to
possible civil monetary penalties is from
The Corporation for National and $19,246 to $192,459. November 2, 2015, or a penalty was
Community Service (CNCS) is a federal The Program Fraud Civil Remedies assessed prior to August 1, 2016, the
agency that engages more than five Act of 1986 (Pub. L. 99–509) civil pre-adjustment civil penalty amounts in
million Americans in service through its monetary penalty has an upper limit of effect prior to August 1, 2106, will
AmeriCorps, Senior Corps, Social $10,781. Using the 2017 multiplier, the apply.
VerDate Sep<11>2014 17:18 Jan 05, 2017 Jkt 241001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\06JAR1.SGM 06JAR1](https://thefederalregister.org/doc/82_FR_1607/page/4.svg)
Document Created: 2017-01-06 01:30:33
Document Modified: 2017-01-06 01:30:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective January 6, 2017. | |
| Contact | Jenny Liljegren, Physical Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR- 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6832, [email protected] | |
| FR Citation | 82 FR 1603 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Oxides of Nitrogen; Ozone; Volatile Organic Compounds; Administrative Practice and Procedure; Designations and Classifications; Nitrogen Oxides and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR