83_FR_1310 83 FR 1302 - Air Plan Approval; NH; Approval of Recordkeeping and Reporting Requirements and Single Source Order; Withdrawal of Direct Final Rule

83 FR 1302 - Air Plan Approval; NH; Approval of Recordkeeping and Reporting Requirements and Single Source Order; Withdrawal of Direct Final Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 8 (January 11, 2018)

Page Range1302-1303
FR Document2018-00288

Due to the receipt of adverse comments, the Environmental Protection Agency (EPA) is withdrawing the November 14, 2017 direct final rule approving State Implementation Plan (SIP) revisions submitted by the State of New Hampshire. New Hampshire's SIP revisions modified existing recordkeeping and reporting requirements for sources of air pollution, and modified an existing order for Sturm Ruger & Company. This action is being taken in accordance with the Clean Air Act.

Federal Register, Volume 83 Issue 8 (Thursday, January 11, 2018) 
[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Rules and Regulations]
[Pages 1302-1303]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00288]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0266; FRL-9972-90-Region 1]


Air Plan Approval; NH; Approval of Recordkeeping and Reporting 
Requirements and Single Source Order; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency.

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to the receipt of adverse comments, the Environmental 
Protection Agency (EPA) is withdrawing the November 14, 2017 direct 
final rule approving State Implementation Plan (SIP) revisions 
submitted by the State of New Hampshire. New Hampshire's SIP revisions 
modified existing recordkeeping and reporting requirements for sources 
of air pollution, and modified an existing order for Sturm Ruger & 
Company. This action is being taken in accordance with the Clean Air 
Act.

DATES: The direct final rule published at 82 FR 52664 on November 14, 
2017 is withdrawn effective January 11, 2018.

FOR FURTHER INFORMATION CONTACT: Bob McConnell, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square, Suite 100 (Mail code OEP05-2), Boston, MA 
02109--3912, telephone (617) 918-1046, facsimile (617) 918-0146, email: 
mcconnell.robert@epa.gov.

SUPPLEMENTARY INFORMATION: In the direct final rule, EPA stated that if 
adverse comments were submitted by December 14, 2017, the rule would be 
withdrawn and not take effect. EPA received adverse comments prior to 
the close of the comment period and,

[[Page 1303]]

therefore, is withdrawing the direct final rule. EPA will address the 
comments in a subsequent final action based upon the proposed rule also 
published on November 14, 2017 (82 FR 52683). EPA will not institute a 
second comment period on this action.

List of Subjects in 40 CFR Part 52

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

    Dated: December 22, 2017.
Kenneth Moraff,
Acting Regional Administrator, EPA New England.

0
Accordingly, the amendments to 40 CFR 52.1520 published on November 14, 
2017 (82 FR 52664) are withdrawn effective January 11, 2018.

[FR Doc. 2018-00288 Filed 1-10-18; 8:45 am]
BILLING CODE 6560-50-P

1302 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations within the meaning of the Paperwork no commenters responded to this (15 U.S.C. 80b–3(b)(7)) (other than an Reduction Act of 1995.48 request. entity that has elected to be regulated or The amendments to reflect the is regulated as a business development VII. Statutory Authority changes made by the FAST Act as company pursuant to section 54 of the described in Section II above may shift The Commission is amending rule Investment Company Act of 1940 (15 the number of advisers between each 203(l)–1 under the authority set forth in U.S.C. 80a–53)) shall be excluded from class of advisers as well as include sections 211(a) and 203(l) of the the definition of assets under advisers solely to SBICs that take on Advisers Act, (15 U.S.C. 80b–11(a) and management for purposes of this additional non-SBIC venture capital 80b–3(l), respectively). The Commission section. fund or private fund clients and is amending rule 203(m)–1 under the * * * * * therefore would become exempt authority set forth in sections 211(a) and 203(m) of the Advisers Act (15 U.S.C. By the Commission. reporting advisers. We believe that the current burden 80b–11(a) and 80b–3(m), respectively). Dated: January 5, 2018. and cost estimates for the existing Brent J. Fields, List of Subjects in 17 CFR Part 275 Secretary. collection of information requirements remain appropriate.49 Thus, we believe Reporting and recordkeeping [FR Doc. 2018–00299 Filed 1–10–18; 8:45 am] that the amendments should not impose requirements, Securities. BILLING CODE 8011–01–P substantive new burdens on the overall Text of Rule Amendments population of respondents or affect the current overall burden estimates for the For the reasons set forth in the ENVIRONMENTAL PROTECTION affected forms.50 Accordingly, we are preamble, the Commission amends title AGENCY not revising any burden and cost 17, chapter II of the Code of Federal estimates in connection with these Regulations as follows. 40 CFR Part 52 amendments. PART 275—RULES AND [EPA–R01–OAR–2017–0266; FRL–9972–90– VI. Regulatory Flexibility Act REGULATIONS, INVESTMENT Region 1] Certification ADVISERS ACT OF 1940 Air Plan Approval; NH; Approval of The Commission certified, pursuant ■ 1. The authority citation for part 275 Recordkeeping and Reporting to section 605(b) of the Regulatory continues to read, in part, as follows: Requirements and Single Source Flexibility Act of 1980 51 that the Order; Withdrawal of Direct Final Rule Authority: 15 U.S.C. 80b–2(a)(11)(G), 80b– proposed amendments to Advisers Act 2(a)(11)(H), 80b–2(a)(17), 80b–3, 80b–4, 80b– AGENCY: Environmental Protection rules 203(l)–1 and 203(m)–1, if adopted, 4a, 80b–6(4), 80b–6a, and 80b–11, unless would not have a significant economic Agency. otherwise noted. impact on a substantial number of small ACTION: Withdrawal of direct final rule. * * * * * entities.52 We included this certification in Section V of the Proposing Release. ■ 2. Amend § 275.203(l)–1 by revising SUMMARY: Due to the receipt of adverse Although we encouraged written the introductory text to paragraph (a) to comments, the Environmental comments regarding this certification, read as follows: Protection Agency (EPA) is withdrawing the November 14, 2017 direct final rule § 275.203(l)–1 Venture capital fund 48 44 U.S.C. 3501 et seq. defined. approving State Implementation Plan 49 The most recent Paperwork Reduction Act (SIP) revisions submitted by the State of analysis for Form ADV is based upon the number (a) Venture capital fund defined. For New Hampshire. New Hampshire’s SIP of registered advisers and exempt reporting advisers purposes of section 203(l) of the Act (15. revisions modified existing as of May 1, 2016. Because approximately five U.S.C. 80b–3(l)), a venture capital fund recordkeeping and reporting months had passed between the signing of the is any entity described in subparagraph FAST Act and May 1, 2016, we believe that most requirements for sources of air of the advisers who wanted to change their (A), (B), or (C) of section 203(b)(7) of the pollution, and modified an existing registration status as a result of the FAST Act, did Act (15 U.S.C. 80b–3(b)(7)) (other than order for Sturm Ruger & Company. This so in that five month period and are therefore an entity that has elected to be regulated action is being taken in accordance with included in the most recent Paperwork Reduction or is regulated as a business Act analysis for Form ADV. Form ADV under the the Clean Air Act. Investment Advisers Act of 1940 (OMB Control No. development company pursuant to DATES: The direct final rule published at 3235–0049). section 54 of the Investment Company 50 See Section IV above. In the Proposing Release, Act of 1940 (15 U.S.C. 80a–53)) or any 82 FR 52664 on November 14, 2017 is we requested comment on whether our belief that private fund that: withdrawn effective January 11, 2018. the amendments would not impose substantive new FOR FURTHER INFORMATION CONTACT: Bob burdens on the overall population of respondents * * * * * or affect the current over all burden estimates for McConnell, Air Quality Planning Unit, ■ 3. Amend § 275.203(m)–1 by revising the affected forms was correct. We did not receive U.S. Environmental Protection Agency, any responses to our request for comment. paragraph (d)(1) to read as follows: New England Regional Office, 5 Post 51 5 U.S.C. 603(b). § 275.203(m)–1 Private fund adviser Office Square, Suite 100 (Mail code 52 Under Commission rules, for the purposes of exemption. OEP05–2), Boston, MA 02109—3912, the Advisers Act and the Regulatory Flexibility Act, an investment adviser generally is a small entity if * * * * * telephone (617) 918–1046, facsimile it: (i) Has assets under management having a total (d) * * * (617) 918–0146, email: value of less than $25 million; (ii) did not have total (1) Assets under management means mcconnell.robert@epa.gov. assets of $5 million or more on the last day of its ethrower on DSK3G9T082PROD with RULES most recent fiscal year; and (iii) does not control, the regulatory assets under management SUPPLEMENTARY INFORMATION: In the is not controlled by, and is not under common as determined under Item 5.F of Form direct final rule, EPA stated that if control with another investment adviser that has ADV (§ 279.1 of this chapter) except that adverse comments were submitted by assets under management of $25 million or more, the regulatory assets under management December 14, 2017, the rule would be or any person (other than a natural person) that had total assets of $5 million or more on the last day attributable to a private fund that is an withdrawn and not take effect. EPA of its most recent fiscal year. Rule 0–7(a) (17 CFR entity described in subparagraph (A), received adverse comments prior to the 275.0–7(a)). (B), or (C) of section 203(b)(7) of the Act close of the comment period and, VerDate Sep<11>2014 16:45 Jan 10, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM 11JAR1

Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1303 therefore, is withdrawing the direct final I. The Debt Collection Improvement Act rounding we are adjusting the maximum rule. EPA will address the comments in of 1996 penalty amount for this CMP to $11,001 a subsequent final action based upon To maintain the remedial impact of per violation. the proposed rule also published on civil monetary penalties (CMPs) and to III. Waiver of Proposed Rulemaking November 14, 2017 (82 FR 52683). EPA promote compliance with the law, the will not institute a second comment In developing this final rule, we are Federal Civil Penalties Inflation waiving the usual notice of proposed period on this action. Adjustment Act of 1990 (Pub. L. 101– rulemaking and public comment List of Subjects in 40 CFR Part 52 410) was amended by the Debt procedures set forth in the Collection Improvement Act of 1996 Administrative Procedure Act, 5 U.S.C. Environmental protection, Air (Pub. L. 104–134) to require Federal pollution control, Carbon monoxide, 553 (APA). The APA provides an agencies to regularly adjust certain exception to the notice and comment Incorporation by reference, CMPs for inflation and further amended Intergovernmental relations, Lead, procedures when an agency finds there by the Federal Civil Penalties Inflation is good cause for dispensing with such Nitrogen dioxide, Ozone, Particulate Adjustment Act Improvement Act of matter, Regional haze, Reporting and procedures on the basis that they are 2015 (Sec. 701 of Pub. L. 114–74). As impracticable, unnecessary or contrary recordkeeping requirements, Sulfur amended, the law requires each agency oxides, Volatile organic compounds. to the public interest. We have to make an initial inflationary determined that under 5 U.S.C. Dated: December 22, 2017. adjustment for all applicable CMPs, and 553(b)(3)(B) good cause exists for Kenneth Moraff, to make further adjustments at least dispensing with the notice of proposed Acting Regional Administrator, EPA New once every year thereafter for these rulemaking and public comment England. penalty amounts. The Debt Collection procedures for this rule. Specifically, ■ Accordingly, the amendments to 40 Improvement Act of 1996 further this rulemaking comports and is CFR 52.1520 published on November stipulates that any resulting increases in consistent with the statutory authority 14, 2017 (82 FR 52664) are withdrawn a CMP due to the calculated inflation set forth in the Debt Collection effective January 11, 2018. adjustments shall apply only to Improvement Act of 1996, with no violations which occur after the date the issues of policy discretion. Accordingly, [FR Doc. 2018–00288 Filed 1–10–18; 8:45 am] increase takes effect, i.e., thirty (30) days we believe that opportunity for prior BILLING CODE 6560–50–P after date of publication in the Federal comment is unnecessary and contrary to Register. Pursuant to the 2015 Act, the public interest, and we are issuing agencies are required to adjust the level these revised regulations as a final rule GENERAL SERVICES of the CMP with an initial ‘‘catch up‘‘, that will apply to all future cases under ADMINISTRATION and make subsequent annual this authority. adjustments for inflation. Catch up 41 CFR Part 105–70 adjustments are based on the percent IV. Executive Orders 12866 and 13563 change between the Consumer Price Executive Orders (E.O.s) 12866 and [FPMR Case 2018–101–1; Docket No. 2018– Index for Urban Consumers (CPI–U) for 13563 direct agencies to assess all costs 0005; Sequence No. 1] the month of October for the year of the and benefits of available regulatory previous adjustment, and the October alternatives and, if regulation is RIN 3090–AJ92 2015 CPI–U. Annual inflation necessary, to select regulatory adjustments will be based on the approaches that maximize net benefits Program Fraud Civil Remedies Act of percent change between the October (including potential economic, 1986, Civil Monetary Penalties Inflation CPI–U preceding the date of adjustment environmental, public health and safety Adjustment and the prior year’s October CPI–U. effects, distributive impacts, and AGENCY: Office of General Counsel, equity). E.O. 13563 emphasizes the II. The Program Fraud Civil Remedies importance of quantifying both costs General Services Administration. Act of 1986 and benefits, of reducing costs, of ACTION: Final rule. In 1986, sections 6103 and 6104 of the harmonizing rules, and of promoting SUMMARY: In accordance with the Omnibus Budget Reconciliation Act of flexibility. This is a not significant Federal Civil Penalties Inflation 1986 (Pub. L. 99–501) set forth the regulatory action and, therefore, was not Adjustment Act of 1990, as amended by Program Fraud Civil Remedies Act of subject to review under Section 6(b) of the Debt Collection Improvement Act of 1986 (PFCRA). Specifically, this statute E.O. 12866, Regulatory Planning and 1996 and further amended by the imposes a CMP and an assessment Review, dated September 30, 1993. This Federal Civil Penalties Inflation against any person who, with rule is not a major rule under 5 U.S.C. Adjustment Act Improvement Act of knowledge or reason to know, makes, 804. 2015, this final rule incorporates the submits, or presents a false, fictitious, or The Office of Management and Budget penalty inflation adjustments for the fraudulent claim or statement to the (OMB) has reviewed this final rule in civil monetary penalties set forth in the Government. The General Services accordance with the provisions of E.O. United States Code, as codified in our Administration’s regulations, published 12866 and has determined that it does regulations. in the Federal Register (61 FR 246, not meet the criteria for a significant December 20, 1996) and codified at 41 regulatory action. As indicated above, DATES: Effective: February 12, 2018. CFR part 105–70, set forth a CMP of up the provisions contained in this final FOR FURTHER INFORMATION CONTACT: Ms. to $10,781 for each false claim or rulemaking set forth the inflation ethrower on DSK3G9T082PROD with RULES Jessica Hawkins, Assistant General statement made to the agency. Based on adjustments in compliance with the Counsel, General Law Division (LG), the penalty amount inflation factor Debt Collection Improvement Act of General Services Administration, 1800 F calculation, derived from originally 1996 for specific applicable CMPs. The Street NW, Washington DC 20405. dividing the June 2015 CPI by the June great majority of individuals, Telephone Number 202–501–1460. 1996 CPI and making the CPI-based organizations and entities addressed SUPPLEMENTARY INFORMATION: annual adjustment thereafter, after through these regulations do not engage VerDate Sep<11>2014 16:45 Jan 10, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM 11JAR1


Document Created: 2018-01-11 04:54:03
Document Modified: 2018-01-11 04:54:03
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
ActionWithdrawal of direct final rule.
DatesThe direct final rule published at 82 FR 52664 on November 14, 2017 is withdrawn effective January 11, 2018.
ContactBob McConnell, Air Quality Planning Unit, U.S. Environmental Protection Agency, New England Regional Office, 5 Post Office Square, Suite 100 (Mail code OEP05-2), Boston, MA 02109--3912, telephone (617) 918-1046, facsimile (617) 918-0146, email: [email protected]
FR Citation83 FR 1302 
CFR AssociatedEnvironmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Regional Haze; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds
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