82_FR_19694 82 FR 19613 - Approval and Promulgation of Air Quality Plans; State of Maryland; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incineration Units

82 FR 19613 - Approval and Promulgation of Air Quality Plans; State of Maryland; Control of Emissions From Existing Hospital/Medical/Infectious Waste Incineration Units

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 81 (April 28, 2017)

Page Range19613-19615
FR Document2017-08668

The Environmental Protection Agency (EPA) is approving a revised section 111(d)/129 plan submitted by the State of Maryland for existing hospital/medical/infectious waste incineration (HMIWI) units. The section 111(d)/129 plan contains revisions to a previously-approved State plan for existing HMIWI units that was submitted as a result of the October 6, 2009 promulgation of federal new source performance standards (NSPS) and emission guidelines for HMIWI units, which were subsequently amended on April 4, 2011. This action is being taken under sections 111(d) and 129 of the Clean Air Act (CAA).

Federal Register, Volume 82 Issue 81 (Friday, April 28, 2017)
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Rules and Regulations]
[Pages 19613-19615]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08668]


=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2016-0053; FRL-9961-37-Region 3]


Approval and Promulgation of Air Quality Plans; State of 
Maryland; Control of Emissions From Existing Hospital/Medical/
Infectious Waste Incineration Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a 
revised section 111(d)/129 plan submitted by the State of Maryland for 
existing hospital/medical/infectious waste incineration (HMIWI) units. 
The section 111(d)/129 plan contains revisions to a previously-approved 
State plan for existing HMIWI units that was submitted as a result of 
the October 6, 2009 promulgation of federal new source performance 
standards (NSPS) and emission guidelines for HMIWI units, which were 
subsequently amended on April 4, 2011. This action is being taken under 
sections 111(d) and 129 of the Clean Air Act (CAA).

DATES: This final rule is effective on May 30, 2017.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2016-0053. All documents in the docket are listed on 
the https://www.regulations.gov Web site. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, (215) 814-2039, or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 28, 2016 (81 FR 85457), EPA published a notice of 
proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA 
proposed approval of Maryland's revised CAA section 111(d)/129 State 
plan for existing HMIWI units. The formal State plan revision (MD 
Submittal #12-11) was submitted by Maryland on January 10, 2013.

II. Summary of SIP Revision

    EPA has reviewed the revised Maryland section 111(d)/129 plan 
submittal in the context of the

[[Page 19614]]

requirements of 40 CFR part 60, subparts B, Ec and Ce, and part 62, 
subpart A. EPA has determined that the submitted revised section 
111(d)/129 plan meets the above-cited requirements for State plans for 
existing units covered by the emission guidelines for that source 
category. Thus, EPA is approving Maryland's State plan in this action. 
A detailed explanation of the rationale behind this approval is 
available in the July 22, 2016 technical support document (TSD) and in 
the NPR and will not be restated here. No comments were received on the 
proposed rule.

III. Final Action

    EPA is approving the revised Maryland section 111(d)/129 plan for 
HMIWI units submitted pursuant to 40 CFR part 60, subpart Ce because 
the plan is at least as stringent as requirements in 40 CFR part 60, 
subpart Ce for existing HMIWI units. Therefore, EPA is amending 40 CFR 
part 62, subpart V to reflect this approval action. The scope of the 
approval of the section 111(d)/129 plan is limited to the provisions of 
40 CFR parts 60 and 62 for existing HMIWI units, as referenced in the 
emission guidelines at 40 CFR part 60, subpart Ce.
    As discussed in the NPR, the EPA Administrator continues to retain 
authority for several tasks affecting the regulation of HMIWI units, as 
stipulated in 40 CFR 60.32e(k) and 60.50c(i). This retention of 
authority includes the granting of waivers for performance tests.

IV. Statutory and Executive Order Reviews

A. General Requirements

    In reviewing section 111(d)/129 plan 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 Order 
12866 (58 FR 51735, October 4, 1993);
     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, this final rule for existing HMIWI units within the 
State of Maryland does not have tribal implications as specified by 
Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
section 111(d)/129 plan is not approved to apply in Indian country 
located in the State, and EPA notes that it will not impose substantial 
direct costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 June 27, 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 approving Maryland's CAA Section 111(d)/129 state 
plan for existing HMIWI units may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 62

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides.

    Dated: March 24, 2017.
Cecil Rodrigues,
Acting Regional Administrator, Region III.

    40 CFR part 62 is amended as follows:

PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED 
FACILITIES AND POLLUTANTS

0
1. The authority citation for part 62 continues to read as follows:

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

Subpart V--Maryland

0
2. Revise Sec.  62.5160 to read as follows:


Sec.  62.5160   Identification of plan.

    (a) Section 111(d)/129 plan for HMIWIs and the associated Code of 
Maryland (COMAR) 26.11.08 regulations, as submitted on April 14, 2000.
    (b) Section 111(d)/129 plan for HMIWIs and the associated Code of 
Maryland (COMAR) regulations, as submitted on January 10, 2013.

0
3. Revise Sec.  62.5161 to read as follows:


Sec.  62.5161   Identification of sources.

    (a) The plan submitted on April 14, 2000 applies to all existing 
HMIWIs located in Maryland for which construction was commenced on or 
before June 20, 1996.
    (b) The January 10, 2013 submittal applies to all existing HMIWIs 
as defined in the approved Maryland Section 111(d)/129 plan.

0
4. Revise Sec.  62.5162 to read as follows:


Sec.  62.5162   Effective date.

    (a) The effective date of the plan submitted on April 14, 2000 is 
October 20, 2000.

[[Page 19615]]

    (b) The effective date of the plan submitted on January 10, 2013 is 
May 30, 2017.

[FR Doc. 2017-08668 Filed 4-27-17; 8:45 am]
BILLING CODE 6560-50-P



                                                                                                                                                                                              19613

                                                Rules and Regulations                                                                                         Federal Register
                                                                                                                                                              Vol. 82, No. 81

                                                                                                                                                              Friday, April 28, 2017



                                                This section of the FEDERAL REGISTER                    Department of Transportation advised                  ACTION:   Final rule.
                                                contains regulatory documents having general            ‘‘the work is not an emergency but is
                                                applicability and legal effect, most of which           needed now as the original                            SUMMARY:   The Environmental Protection
                                                are keyed to and codified in the Code of                counterweight cables from 1939 are at                 Agency (EPA) is approving a revised
                                                Federal Regulations, which is published under           the end of their service life. It is not              section 111(d)/129 plan submitted by
                                                50 titles pursuant to 44 U.S.C. 1510.                                                                         the State of Maryland for existing
                                                                                                        possible to remove the counterweight
                                                                                                        cables and keep the bridge in operation               hospital/medical/infectious waste
                                                The Code of Federal Regulations is sold by
                                                the Superintendent of Documents.                        at the same time’’; the Coast Guard has               incineration (HMIWI) units. The section
                                                                                                        taken this into consideration prior to                111(d)/129 plan contains revisions to a
                                                                                                        allowing this closure. This temporary                 previously-approved State plan for
                                                DEPARTMENT OF HOMELAND                                  deviation will impact navigation since                existing HMIWI units that was
                                                SECURITY                                                no vessel with a height greater than 10               submitted as a result of the October 6,
                                                                                                        feet will be able to pass during this                 2009 promulgation of federal new
                                                Coast Guard                                             closure period. Not allowing the                      source performance standards (NSPS)
                                                                                                        necessary bridge repairs will also have               and emission guidelines for HMIWI
                                                33 CFR Part 117                                         an impact to navigation. The current                  units, which were subsequently
                                                [Docket No. USCG–2017–0322]                             operating regulation is under 33 CFR                  amended on April 4, 2011. This action
                                                                                                        117.291.                                              is being taken under sections 111(d) and
                                                Drawbridge Operation Regulation;                           Vessels able to pass through the                   129 of the Clean Air Act (CAA).
                                                Hillsborough River, Tampa, FL                           bridge in the closed position may do so               DATES: This final rule is effective on
                                                                                                        at any time The bridge will not be able               May 30, 2017.
                                                AGENCY: Coast Guard, DHS.
                                                                                                        to open for emergencies and there is no               ADDRESSES: EPA has established a
                                                ACTION:Notice of deviation from                         immediate alternate route for vessels to              docket for this action under Docket ID
                                                drawbridge regulation.                                  pass through the bridge in closed                     Number EPA–R03–OAR–2016–0053. All
                                                SUMMARY:   The Coast Guard has issued a                 positions. The Coast Guard will also                  documents in the docket are listed on
                                                temporary deviation from the operating                  inform the users of the waterways                     the https://www.regulations.gov Web
                                                schedule that governs the operation of                  through Local and Broadcast Notices to                site. Although listed in the index, some
                                                the Hillsborough Bridge across the                      Mariners of the change in operating                   information is not publicly available,
                                                Hillsborough River, Tampa, Florida.                     schedule for the bridge so that vessel                e.g., confidential business information
                                                This deviation is necessary to allow the                operators can arrange their transits to               (CBI) or other information whose
                                                bridge owner, Florida Department of                     minimize any impact caused by the                     disclosure is restricted by statute.
                                                Transportation to repair the                            temporary deviation.                                  Certain other material, such as
                                                Hillsborough Bridge. Due to the type of                    In accordance with 33 CFR 117.35(e),               copyrighted material, is not placed on
                                                repairs this bridge will be required to                 the drawbridge must return to its regular             the Internet and will be publicly
                                                remain closed to navigation until all                   operating schedule immediately at the                 available only in hard copy form.
                                                components can be removed and                           end of the effective period of this                   Publicly available docket materials are
                                                replaced.                                               temporary deviation. This deviation                   available through https://
                                                                                                        from the operating regulations is                     www.regulations.gov, or please contact
                                                DATES: This deviation is effective from
                                                                                                        authorized under 33 CFR 117.35.                       the person identified in the FOR FURTHER
                                                7 a.m. on May 10, 2017, until 7 p.m. on
                                                                                                          Dated: April 24, 2017.                              INFORMATION CONTACT section for
                                                June 21, 2017.
                                                                                                        Barry Dragon,                                         additional availability information.
                                                ADDRESSES: The docket for this
                                                                                                        Director, Bridge Branch, Seventh Coast Guard          FOR FURTHER INFORMATION CONTACT:
                                                deviation, [USCG–2017–0322] is
                                                available at http://www.regulations.gov.                District.                                             Mike Gordon, (215) 814–2039, or by
                                                Type the docket number in the                           [FR Doc. 2017–08579 Filed 4–27–17; 8:45 am]           email at gordon.mike@epa.gov.
                                                ‘‘SEARCH’’ box and click ‘‘SEARCH’’.                    BILLING CODE 9110–04–P                                SUPPLEMENTARY INFORMATION:
                                                Click on Open Docket Folder on the line                                                                       I. Background
                                                associated with this deviation.
                                                                                                        ENVIRONMENTAL PROTECTION                                On November 28, 2016 (81 FR 85457),
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        AGENCY                                                EPA published a notice of proposed
                                                you have questions on this temporary
                                                                                                                                                              rulemaking (NPR) for the State of
                                                deviation, call or email Mr. Eddie
                                                                                                        40 CFR Part 62                                        Maryland. In the NPR, EPA proposed
                                                Lawrence with the Seventh Coast Guard
                                                                                                                                                              approval of Maryland’s revised CAA
                                                District Bridge Office; telephone 305–                  [EPA–R03–OAR–2016–0053; FRL–9961–37–                  section 111(d)/129 State plan for
                                                415–6946, email Eddie.H.Lawrence@                       Region 3]
                                                                                                                                                              existing HMIWI units. The formal State
                                                uscg.mil.
                                                                                                        Approval and Promulgation of Air                      plan revision (MD Submittal #12–11)
jstallworth on DSK7TPTVN1PROD with RULES




                                                SUPPLEMENTARY INFORMATION: Florida                                                                            was submitted by Maryland on January
                                                                                                        Quality Plans; State of Maryland;
                                                Department of Transportation, the                                                                             10, 2013.
                                                                                                        Control of Emissions From Existing
                                                bridge owner, has requested a temporary
                                                                                                        Hospital/Medical/Infectious Waste                     II. Summary of SIP Revision
                                                deviation from the operating schedule of
                                                                                                        Incineration Units
                                                the Hillsborough Bridge across the                                                                              EPA has reviewed the revised
                                                Hillsborough River, Tampa, Florida to                   AGENCY: Environmental Protection                      Maryland section 111(d)/129 plan
                                                conduct needed repairs. The Florida                     Agency (EPA).                                         submittal in the context of the


                                           VerDate Sep<11>2014   14:52 Apr 27, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\28APR1.SGM   28APR1


                                                19614                Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations

                                                requirements of 40 CFR part 60,                         affect small governments, as described                Administrator of this final rule does not
                                                subparts B, Ec and Ce, and part 62,                     in the Unfunded Mandates Reform Act                   affect the finality of this action for the
                                                subpart A. EPA has determined that the                  of 1995 (Pub. L. 104–4);                              purposes of judicial review nor does it
                                                submitted revised section 111(d)/129                       • does not have federalism                         extend the time within which a petition
                                                plan meets the above-cited requirements                 implications as specified in Executive                for judicial review may be filed, and
                                                for State plans for existing units covered              Order 13132 (64 FR 43255, August 10,                  shall not postpone the effectiveness of
                                                by the emission guidelines for that                     1999);                                                such rule or action. This action
                                                source category. Thus, EPA is approving                    • is not an economically significant               approving Maryland’s CAA Section
                                                Maryland’s State plan in this action. A                 regulatory action based on health or                  111(d)/129 state plan for existing
                                                detailed explanation of the rationale                   safety risks subject to Executive Order               HMIWI units may not be challenged
                                                behind this approval is available in the                13045 (62 FR 19885, April 23, 1997);                  later in proceedings to enforce its
                                                July 22, 2016 technical support                            • is not a significant regulatory action           requirements. (See section 307(b)(2).)
                                                document (TSD) and in the NPR and                       subject to Executive Order 13211 (66 FR
                                                will not be restated here. No comments                  28355, May 22, 2001);                                 List of Subjects in 40 CFR Part 62
                                                were received on the proposed rule.                        • is not subject to requirements of                  Environmental protection, Air
                                                                                                        Section 12(d) of the National                         pollution control, Carbon monoxide,
                                                III. Final Action                                       Technology Transfer and Advancement                   Incorporation by reference,
                                                   EPA is approving the revised                         Act of 1995 (15 U.S.C. 272 note) because              Intergovernmental relations, Lead,
                                                Maryland section 111(d)/129 plan for                    application of those requirements would               Nitrogen dioxide, Particulate matter,
                                                HMIWI units submitted pursuant to 40                    be inconsistent with the CAA; and                     Reporting and recordkeeping
                                                CFR part 60, subpart Ce because the                        • does not provide EPA with the                    requirements, Sulfur oxides.
                                                plan is at least as stringent as                        discretionary authority to address, as
                                                requirements in 40 CFR part 60, subpart                 appropriate, disproportionate human                     Dated: March 24, 2017.
                                                Ce for existing HMIWI units. Therefore,                 health or environmental effects, using                Cecil Rodrigues,
                                                EPA is amending 40 CFR part 62,                         practicable and legally permissible                   Acting Regional Administrator, Region III.
                                                subpart V to reflect this approval action.              methods, under Executive Order 12898                      40 CFR part 62 is amended as follows:
                                                The scope of the approval of the section                (59 FR 7629, February 16, 1994).
                                                111(d)/129 plan is limited to the                          In addition, this final rule for existing          PART 62—APPROVAL AND
                                                provisions of 40 CFR parts 60 and 62 for                HMIWI units within the State of                       PROMULGATION OF STATE PLANS
                                                existing HMIWI units, as referenced in                  Maryland does not have tribal                         FOR DESIGNATED FACILITIES AND
                                                the emission guidelines at 40 CFR part                  implications as specified by Executive                POLLUTANTS
                                                60, subpart Ce.                                         Order 13175 (65 FR 67249, November 9,
                                                   As discussed in the NPR, the EPA                     2000), because the section 111(d)/129                 ■ 1. The authority citation for part 62
                                                Administrator continues to retain                       plan is not approved to apply in Indian               continues to read as follows:
                                                authority for several tasks affecting the               country located in the State, and EPA
                                                                                                                                                                  Authority: 42 U.S.C. 7401 et seq.
                                                regulation of HMIWI units, as stipulated                notes that it will not impose substantial
                                                in 40 CFR 60.32e(k) and 60.50c(i). This                 direct costs on tribal governments or                 Subpart V—Maryland
                                                retention of authority includes the                     preempt tribal law.
                                                granting of waivers for performance                                                                           ■   2. Revise § 62.5160 to read as follows:
                                                tests.                                                  B. Submission to Congress and the
                                                                                                        Comptroller General                                   § 62.5160    Identification of plan.
                                                IV. Statutory and Executive Order
                                                                                                           The Congressional Review Act, 5                      (a) Section 111(d)/129 plan for
                                                Reviews
                                                                                                        U.S.C. 801 et seq., as added by the Small             HMIWIs and the associated Code of
                                                A. General Requirements                                 Business Regulatory Enforcement                       Maryland (COMAR) 26.11.08
                                                  In reviewing section 111(d)/129 plan                  Fairness Act of 1996, generally provides              regulations, as submitted on April 14,
                                                submissions, EPA’s role is to approve                   that before a rule may take effect, the               2000.
                                                state choices, provided that they meet                  agency promulgating the rule must                       (b) Section 111(d)/129 plan for
                                                the criteria of the CAA. Accordingly,                   submit a rule report, which includes a                HMIWIs and the associated Code of
                                                this action merely approves state law as                copy of the rule, to each House of the                Maryland (COMAR) regulations, as
                                                meeting federal requirements and does                   Congress and to the Comptroller General               submitted on January 10, 2013.
                                                not impose additional requirements                      of the United States. EPA will submit a
                                                                                                                                                              ■ 3. Revise § 62.5161 to read as follows:
                                                beyond those imposed by state law. For                  report containing this action and other
                                                that reason, this action:                               required information to the U.S. Senate,              § 62.5161    Identification of sources.
                                                  • Is not a ‘‘significant regulatory                   the U.S. House of Representatives, and
                                                                                                                                                                (a) The plan submitted on April 14,
                                                action’’ subject to review by the Office                the Comptroller General of the United
                                                                                                                                                              2000 applies to all existing HMIWIs
                                                of Management and Budget under                          States prior to publication of the rule in
                                                                                                                                                              located in Maryland for which
                                                Executive Order 12866 (58 FR 51735,                     the Federal Register. A major rule
                                                                                                                                                              construction was commenced on or
                                                October 4, 1993);                                       cannot take effect until 60 days after it
                                                                                                                                                              before June 20, 1996.
                                                  • does not impose an information                      is published in the Federal Register.
                                                collection burden under the provisions                  This action is not a ‘‘major rule’’ as                  (b) The January 10, 2013 submittal
                                                of the Paperwork Reduction Act (44                      defined by 5 U.S.C. 804(2).                           applies to all existing HMIWIs as
                                                U.S.C. 3501 et seq.);                                                                                         defined in the approved Maryland
jstallworth on DSK7TPTVN1PROD with RULES




                                                  • is certified as not having a                        C. Petitions for Judicial Review                      Section 111(d)/129 plan.
                                                significant economic impact on a                          Under section 307(b)(1) of the CAA,                 ■ 4. Revise § 62.5162 to read as follows:
                                                substantial number of small entities                    petitions for judicial review of this
                                                under the Regulatory Flexibility Act (5                 action must be filed in the United States             § 62.5162    Effective date.
                                                U.S.C. 601 et seq.);                                    Court of Appeals for the appropriate                    (a) The effective date of the plan
                                                  • does not contain any unfunded                       circuit by June 27, 2017. Filing a                    submitted on April 14, 2000 is October
                                                mandate or significantly or uniquely                    petition for reconsideration by the                   20, 2000.


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                                                                     Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations                                        19615

                                                  (b) The effective date of the plan                    FCC 14–175, published at 79 FR 73227,                 vessels (i.e., those with HMS Charter/
                                                submitted on January 10, 2013 is May                    December 10, 2014, and corrected at 80                Headboat permits when fishing
                                                30, 2017.                                               FR 1007, January 8, 2015.’’ to the end                recreationally). These retention limits
                                                [FR Doc. 2017–08668 Filed 4–27–17; 8:45 am]             of the sentence;                                      are effective in all areas, except for the
                                                BILLING CODE 6560–50–P                                    ii. In the third sentence, add ‘‘, and              Gulf of Mexico, where NMFS prohibits
                                                                                                        paragraph 66 of document WC Docket                    targeted fishing for BFT.
                                                                                                        No. 13–39, FCC 14–175.’’ to the end of                DATES: Effective May 1, 2017 through
                                                FEDERAL COMMUNICATIONS                                  the sentence; and                                     December 31, 2017.
                                                COMMISSION                                                iii. In the third column, under the                 FOR FURTHER INFORMATION CONTACT:
                                                                                                        heading ‘‘Needs and Uses,’’ add the                   Sarah McLaughlin or Brad McHale,
                                                47 CFR Part 64                                          following two sentences between the                   978–281–9260.
                                                                                                        twelfth and thirteenth sentences: ‘‘On                SUPPLEMENTARY INFORMATION:
                                                [WC Docket No. 13–39; FCC 13–135; FCC
                                                14–175]
                                                                                                        November 13, 2014, the Commission                     Regulations implemented under the
                                                                                                        adopted a Reconsideration Order in WC                 authority of the Atlantic Tunas
                                                Rural Call Completion Recordkeeping                     Docket No. 13–39, FCC 14–175, 79 FR                   Convention Act (ATCA; 16 U.S.C. 971 et
                                                and Reporting Requirements;                             73227, corrected at 80 FR 1007, Rural                 seq.) and the Magnuson-Stevens Fishery
                                                Correction                                              Call Completion. The Reconsideration                  Conservation and Management Act
                                                                                                        Order reduced the burden on covered                   (Magnuson-Stevens Act; 16 U.S.C. 1801
                                                AGENCY:  Federal Communications                         providers by excluding certain traffic
                                                Commission.                                                                                                   et seq.) governing the harvest of BFT by
                                                                                                        from the reporting and retention                      persons and vessels subject to U.S.
                                                ACTION: Final rule; correction.                         requirements adopted in the Order.’’                  jurisdiction are found at 50 CFR part
                                                SUMMARY:    The Federal Communications                  Federal Communications Commission.                    635. Section 635.27 subdivides the U.S.
                                                Commission (Commission) published a                     Marlene H. Dortch,                                    BFT quota recommended by the
                                                document in the Federal Register on                     Secretary.                                            International Commission for the
                                                March 4, 2015, concerning its rural call                [FR Doc. 2017–08581 Filed 4–27–17; 8:45 am]           Conservation of Atlantic Tunas (ICCAT)
                                                completion recordkeeping and reporting                  BILLING CODE 6712–01–P
                                                                                                                                                              among the various domestic fishing
                                                requirements. That document                                                                                   categories, per the allocations
                                                inadvertently omitted reference to the                                                                        established in the 2006 Consolidated
                                                Order on Reconsideration                                                                                      Highly Migratory Species Fishery
                                                (Reconsideration Order) WC Docket No.                   DEPARTMENT OF COMMERCE
                                                                                                                                                              Management Plan (2006 Consolidated
                                                13–39, FCC 14–175, which adopted                        National Oceanic and Atmospheric                      HMS FMP) (71 FR 58058, October 2,
                                                minor amendments to those                               Administration                                        2006) and amendments, and in
                                                requirements. This document corrects                                                                          accordance with implementing
                                                that error.                                             50 CFR Part 635                                       regulations. NMFS is required under
                                                DATES: This correction is effective April                                                                     ATCA and the Magnuson-Stevens Act to
                                                28, 2017.                                               [Docket No. 150121066–5717–02]                        provide U.S. fishing vessels with a
                                                FOR FURTHER INFORMATION CONTACT:                                                                              reasonable opportunity to harvest the
                                                                                                        RIN 0648–XF346
                                                Nirali Patel, Wireline Competition                                                                            ICCAT-recommended quota.
                                                Bureau, Competition Policy Division,                    Atlantic Highly Migratory Species;                       As a method for limiting fishing
                                                (202) 418–7830, or send an email to                     Atlantic Bluefin Tuna Fisheries                       mortality on juvenile BFT, ICCAT
                                                nirali.patel@fcc.gov.                                                                                         recommends a tolerance limit on the
                                                SUPPLEMENTARY INFORMATION: This                         AGENCY:  National Marine Fisheries                    annual harvest of BFT measuring less
                                                document makes the following                            Service (NMFS), National Oceanic and                  than 115 cm (straight fork length) to no
                                                corrections to the Commission’s final                   Atmospheric Administration (NOAA),                    more than 10 percent by weight of a
                                                rule, FR Doc. No. 2015–04415,                           Commerce.                                             Contracting Party’s total BFT quota. Any
                                                published on March 4, 2015, at 80 FR                    ACTION: Temporary rule; inseason                      overharvest of such tolerance limit from
                                                11594:                                                  Angling category retention limit                      one year must be subtracted from the
                                                  1. On page 115494, in the heading of                  adjustment.                                           tolerance limit applicable in the next
                                                the rule, add ‘‘; FCC 14–175’’ after ‘‘FCC                                                                    year or the year after that. The United
                                                13–135’’.                                               SUMMARY:    NMFS has determined that                  States implements this provision by
                                                  2. On page 11594, in the SUMMARY                      the Atlantic bluefin tuna (BFT) daily                 limiting the harvest of school BFT
                                                section, in the first sentence, add ‘‘and               retention limit that applies to vessels               (measuring 27 to less than 47 inches) as
                                                the Commission’s Order on                               permitted in the Highly Migratory                     appropriate to not exceed the 10-percent
                                                Reconsideration (Reconsideration                        Species (HMS) Angling category and the                limit.
                                                Order) WC Docket No. 13–39, FCC 14–                     HMS Charter/Headboat category (when                      The currently codified baseline U.S.
                                                175.’’ to the end of the sentence.                      fishing recreationally for BFT) should be             quota is 1,058.9 mt (not including the 25
                                                  3. On page 11594, In the DATES                        adjusted for the remainder of 2017,                   mt ICCAT allocated to the United States
                                                section, add ‘‘and the amendments to 47                 based on consideration of the regulatory              to account for bycatch of BFT in pelagic
                                                CFR 64.2101, 64.2103, and 64.2105,                      determination criteria regarding                      longline fisheries in the Northeast
                                                published at 79 FR 73227, December 10,                  inseason adjustments. NMFS is                         Distant Gear Restricted Area). See
                                                2014, and corrected at 80 FR 1007,                      adjusting the Angling category BFT                    § 635.27(a). The currently codified
jstallworth on DSK7TPTVN1PROD with RULES




                                                January 8, 2015,’’ after ‘‘December 17,                 daily retention limit to two school BFT               Angling category quota is 195.2 mt
                                                2013’’ and before ‘‘are effective on                    and one large school/small medium BFT                 (108.4 mt for school BFT, 82.3 mt for
                                                March 4, 2015.’’                                        per vessel per day/trip for private                   large school/small medium BFT, and 4.5
                                                  4. On page 11594, in the                              vessels (i.e., those with HMS Angling                 mt for large medium/giant BFT).
                                                SUPPLEMENTARY INFORMATION section:                      category permits); and three school BFT                  The 2017 BFT fishing year, which is
                                                  i. In the first sentence, add ‘‘and the               and one large school/small medium BFT                 managed on a calendar-year basis and
                                                Commission’s Reconsideration Order,                     per vessel per day/trip for charter                   subject to an annual calendar-year


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Document Created: 2017-04-28 03:02:37
Document Modified: 2017-04-28 03:02:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis final rule is effective on May 30, 2017.
ContactMike Gordon, (215) 814-2039, or by email at [email protected]
FR Citation82 FR 19613 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements and Sulfur Oxides

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