59486 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 
or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the 
FOR 
FURTHER INFORMATION CONTACT section 
above. 
E. Unfunded Mandates Reform Act 
The Unfunded Mandates Reform Act 
of 1995 (2 U.S.C. 1531–1538) requires 
Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 
F. Environment 
We have analyzed this rule under 
Department of Homeland Security 
Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that will prohibit entry within 1000 yards of the Caribbean Fantasy due to an imminent fire on board. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under 
ADDRESSES . We seek any 
comments or information that may lead to the discovery of a significant environmental impact from this rule. 
G. Protest Activities 
The Coast Guard respects the First 
Amendment rights of protesters. 
Protesters are asked to contact the person listed in the 
FOR FURTHER  
INFORMATION CONTACT section to 
coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 
List of Subjects in 33 CFR Part 165 
Marine safety, Navigation (water), 
Reporting and recordkeeping 
requirements, Security measures, Waterways. For the reasons discussed in the 
preamble, the Coast Guard amends 33 CFR part 165 as follows: 
PART 165—REGULATED NAVIGATION 
AREAS AND LIMITED ACCESS AREAS 
■1. The authority citation for part 165 
continues to read as follows: 
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1. 
■2. Add a temporary § 165.T07–0832 to 
read as follows: 
§ 165.T07–0832 Safety Zone; Caribbean Fantasy, Vessel on Fire; Punta Salinas, Toa Baja, Puerto Rico. 
(a) Regulated area. The following area 
is a safety zone: all waters within 1,000 
yard radius from the Caribbean Fantasy, located in Punta Salinas, Toa Baja, Puerto Rico. 
(b) Definition. The term ‘‘designated 
representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Jacksonville in the enforcement of the regulated area. 
(c) Regulations. (1) In accordance with 
the general regulations in § 165.23, entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port San Juan or a designated representative. 
(2) Persons or vessels desiring enter 
into, pass through, or operate on the waters within this zone, must request permission from the Captain of the Port San Juan or a designated representative. They may be contacted on VHF–FM Channel 16 or by telephone at (787) 289–2041. 
(3) If permission is granted, all 
persons and vessels shall comply with any specific instructions of the Captain of the Port San Juan or designated representative, while transiting through the zone. 
(d) Informational broadcasts. The 
Coast Guard will provide notice of the regulated area by Broadcast Notices to Mariners and on-scene designated representatives. 
(e) Enforcement period. This safety 
zone will be enforced from 3 p.m. on August 17, 2016 through 11:59 p.m. on August 31, 2016. 
Dated: August 17, 2016. 
R.W. Warren, 
Captain, U.S. Coast Guard, Captain of the 
Port San Juan. 
[FR Doc. 2016–20856 Filed 8–29–16; 8:45 am] 
BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R03–OAR–2016–0054; FRL–9951–22– 
Region 3] 
Approval and Promulgation of Air Quality Implementation Plans; Maryland; Control of Emissions From Various Processes and Fuel-Burning Equipment From Kraft Pulp Mills 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule. 
SUMMARY : The Environmental Protection 
Agency (EPA) is granting conditional approval of a state implementation plan (SIP) revision submitted by the Maryland Department of the Environment (MDE). The revisions adds and amends regulations in the SIP which control emissions from various processes and fuel-burning equipment at Kraft pulp mills. The SIP revision includes the following: a new definition for ‘‘NO
XOzone Season Allowance;’’ a 
new regulation with nitrogen oxides (NO
X) limits for fuel-burning equipment 
located at Kraft pulp mills; a removal and relocation of existing NO
X 
reasonably available control technology (RACT) requirements for Kraft pulp mills into another Maryland regulation; and a revised regulation which clarifies the volatile organic compound (VOC) control system and emission requirements for several process installations at Kraft pulp mills. EPA is 
granting conditional approval because the new Maryland definition references the defunct Clean Air Interstate Rule (CAIR) and because MDE provided a commitment to remove all references to CAIR within the definition of ‘‘NO
X 
Ozone Season Allowance’’ and submit a revised definition as a new SIP revision, no later than a year from EPA finalizing this conditional approval. Upon timely meeting of this commitment, EPA will propose to convert the conditional approval of the SIP revision to a final, full approval. This action is being taken under the Clean Air Act (CAA). 
DATES : This final rule is effective on 
September 29, 2016. 
ADDRESSES : EPA has established a 
docket for this action under Docket ID No. EPA–R03–OAR–2016–0054. All documents in the docket are listed on the http://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 
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162 FR 27968 (May 22, 1997). 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 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 : 
Gregory Becoat, (215) 814 2036, or by email at becoat.gregory@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
On May 20, 2016 (81 FR 31887), EPA 
published a notice of proposed rulemaking (NPR) for the State of Maryland. In the NPR, EPA proposed to grant conditional approval of revisions to regulations in Maryland’s SIP which control emissions from various processes and fuel-burning equipment at Kraft pulp mills. The formal SIP revision (14–04) was submitted by MDE on October 15, 2014. 
II. Summary of SIP Revision 
MDE’s SIP revision adds and amends 
regulations in order to control emissions 
from various processes and fuel-burning equipment at Kraft pulp mills. The SIP revision adds a definition for ‘‘NO
X 
Ozone Season Allowance’’ and establishes applicability, compliance requirements, monitoring and reporting requirements, allowances, and NO
X 
emission standards and limits for Kraft pulp mills. The SIP revision also removes subsection (C)(h) of the Code of Maryland Regulations (COMAR) 26.11.09.08 from the Maryland SIP because the NO
Xrequirements for pulp 
mills have been relocated to COMAR 26.11.14.07. The SIP revision clarifies 
the VOC control system and requirements for several process installations at Kraft pulp mills. 
Other specific requirements of the SIP 
revision and the rationale for EPA’s action to grant conditional approval are explained in the NPR and will not be restated here. No public comments were received on the NPR. 
III. Final Action 
EPA is granting conditional approval 
of Maryland’s October 15, 2014 SIP 
revision concerning the regulations and requirements to control NO
Xand VOC 
emissions from various processes and fuel-burning equipment at Kraft pulp mills as it strengthens the SIP with provisions related to controlling emissions of NO
Xand VOC. The 
conditional approval is contingent upon MDE’s September 29, 2015 commitment to remove references to the now defunct CAIR CAA allowance trading program within the definition of ‘‘NO
XOzone 
Season Allowance,’’ at COMAR 
26.11.01.01 and replace with another allowance mechanism. Once EPA has determined that MDE has satisfied this condition and EPA approves the revised definition, EPA shall remove the conditional nature of its approval and this SIP revision will at that time receive full approval status. 
IV. Incorporation by Reference 
In this rule, with our conditional 
approval, EPA is finalizing regulatory 
text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing, with our conditional approval, the incorporation by reference of revisions to COMAR 26.11.01.01, COMAR 26.11.14.07, COMAR 26.11.09.08, and COMAR 26.11.14.06. Therefore, these materials have been conditionally approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation.
1 
EPA has made, and will continue to make, these materials generally available through http://www.regulations.gov and/or at the EPA 
Region III Office (please contact the person identified in the 
FOR FURTHER  
INFORMATION CONTACT section of this 
preamble for more information). 
V. Statutory and Executive Order 
Reviews 
A. General Requirements 
Under the CAA, 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, this rule does not have 
tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP 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). 
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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 October 31, 2016. 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 pertaining to the 
regulations and requirements for the control of emissions from various processes and fuel-burning equipment from Kraft pulp mills, may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2).) 
List of Subjects in 40 CFR Part 52 
Environmental protection, Air 
pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 
Dated: August 12, 2016. 
Shawn M. Garvin, 
Regional Administrator, Region III. 
40 CFR part 52 is amended as follows: PART 52—APPROVAL AND 
PROMULGATION OF IMPLEMENTATION PLANS 
■1. The authority citation for part 52 
continues to read as follows: 
Authority: 42 U.S.C. 7401 et seq. 
Subpart V—Maryland 
■2. In § 52.1070, paragraph (c) table is 
amended by revising the entries for ‘‘26.11.01.01’’, ‘‘26.11.09.08’’, ‘‘26.11.14.06’’, and adding in numerical order the entry for ‘‘26.11.14.07’’to read as follows: 
§ 52.1070 Identification of plan. 
* * * * * 
(c)* * * 
EPA-A PPROVED REGULATIONS , TECHNICAL MEMORANDA , ANDSTATUTES IN THE MARYLAND SIP 
Code of Maryland Ad-
ministrative Regulations 
(COMAR) citation Title/subject State 
effective 
date EPA Approval date Additional explanation/citation at 40 CFR 
52.1100 
26.11.01 General Administrative Provisions 
26.11.01.01 .................... Definitions ..................... 03/03/14 08/30/16 ........................ Revised definition of ‘ ‘NO XOzone Season Allow-
ance’’ and Conditional Approval of definition of 
‘‘NO XOzone Season Allowance’’. 
*******  
26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations 
*******  
26.11.09.08 .................... Control of NO XEmis-
sions for Major Sta-tionary Sources.03/03/14 08/30/16 [Insert Federal 
Register citation].Removed and relocated existing NO
XRACT re-
quirements under COMAR 26.11.14.07. Con-ditional Approval. 
*******  
26.11.14 Control of Emissions From Kraft Pulp Mills 
*******  
26.11.14.06. ................... Control of Volatile Or-
ganic Compounds.03/03/14 08/30/16 [Insert Federal 
Register citation].Amended to clarify volatile organic compound 
(VOC) control system and requirements at Kraft pulp mills. Conditional Approval. 
26.11.14.07. ................... Control of NO
XEmis-
sions from Fuel Burn-ing Equipment.03/03/14 08/30/16 [Insert Federal 
Register citation].Regulation Added. Conditional Approval. 
*******  
* * * * * 
[FR Doc. 2016–20654 Filed 8–29–16; 8:45 am] 
BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R04–OAR–2015–0675; FRL–9951–59– 
Region 4] 
Air Plan Approval; Kentucky; Source 
Specific Revision for Louisville Gas and Electric 
AGENCY : Environmental Protection 
Agency (EPA). ACTION : Final rule. 
SUMMARY : The Environmental Protection 
Agency (EPA) is approving a State 
Implementation Plan (SIP) revision 
submitted by the Commonwealth of Kentucky through its Energy and Environment Cabinet, Department of Environmental Protection, Division for Air Quality (KY DAQ) on February 13, 2013, for the purpose of establishing emission requirements for the changeover from coal-fired units U4, U5 
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