21312 Federal Register / Vol. 82, No. 87 / Monday, May 8, 2017 / Rules and Regulations 
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[FR Doc. 2017–09176 Filed 5–5–17; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R03–OAR–2016–0454; FRL–9961–25– 
Region 3] 
Approval and Promulgation of Air Quality Implementation Plans; 
Maryland; New Regulations for Architectural and Industrial Maintenance Coatings 
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 State of Maryland. This revision pertains to a provision establishing new volatile organic compound (VOC) content limits and standards for architectural and industrial maintenance (AIM) coatings available for sale and use in Maryland. This action is being taken under the Clean Air Act (CAA). 
DATES : This final rule is effective on 
June 7, 2017. 
ADDRESSES : EPA has established a 
docket for this action under Docket ID Number EPA–R03–OAR–2016–0454. 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 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 : 
Irene Shandruk, (215) 814–2166, or by email at shandruk.irene@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
In 2001, the Ozone Transport 
Commission (OTC), in collaboration with the Ozone Transport Region (OTR) states, developed several emission reduction measures, including a VOC model rule for AIM coatings (known as the Phase I AIM model rule), which addressed VOC reductions in the OTR. 
In 2004, consistent with the OTC Phase I AIM model rule, Maryland adopted COMAR 26.11.33—Architectural Coatings, which established VOC 
content limits, recordkeeping and labeling requirements, and standard practices for use and application of coatings used in architectural and industrial maintenance. 
The Phase I AIM model rule was 
replaced with an amended OTC model rule in 2011 (known as the Phase II AIM model rule). The Phase II AIM model rule was developed for states that needed additional VOC emission reductions in order to meet the ozone national ambient air quality standards (NAAQS). Consistent with the Phase II AIM model rule, Maryland developed and adopted COMAR 26.11.39— Architectural and Industrial Maintenance Coatings, which is an updated version of COMAR 26.11.33. 
On June 27, 2016, the Maryland 
Department of the Environment (MDE) submitted to EPA a SIP revision (16–09) containing new AIM regulations .01 through .08 under COMAR 26.11.39— Architectural and Industrial Maintenance Coatings to be included in the Maryland SIP and requesting removal of COMAR 26.11.33 from the SIP, as COMAR 26.11.39 supercedes COMAR 26.11.33. On November 28, 2016 (81 FR 85455), EPA published a notice of proposed rulemaking (NPR) proposing approval of Maryland’s new AIM regulations. 
II. Summary of SIP Revision 
The new AIM regulations apply to 
any person who manufactures, blends, 
thins, supplies, sells, offers for sale, repackages for sale, or applies architectural and industrial maintenance coatings in Maryland. Maryland’s new AIM regulations establish more stringent VOC content limits (Table 1) and standards for AIM coating categories than in COMAR 26.11.33, as well as establish container labeling requirements, reporting requirements, and compliance procedures. The requirements of COMAR 26.11.39 supersede those of COMAR 26.11.33. Other specific requirements and the rationale for EPA’s proposed action are explained in the NPR and technical support document for this rulemaking and will not be restated here. No public comments were received on the NPR. TABLE 1—VOC C ONTENT LIMITS  
UNDER COMAR 26.11.39 FORVAR-
IOUS AIM C OATING CATEGORIES  
Architectural and industrial 
maintenance coatings 
category Maryland’s 
new VOC 
content limits 
(grams/liter) 
under COMAR 
26.11.39 
Flat coatings ......................... 50 
Non-flat coatings ................... 100 
Non-flat—high gloss coatings 150 
Specialty Coatings 
Aluminum roof coatings ........ 450 
Basement specialty coatings 400 
Bituminous roof coatings ...... 270 
Bituminous roof primers ....... 350 
Bond breakers ...................... 350 
Calcimine recoater ................ 475 
Concrete curing compounds 350 
Concrete/masonry sealers .... 100 
Concrete surface retarders ... 780 
Conjugated oil varnish .......... 450 
Conversion varnish ............... 725 
Driveway sealers .................. 50 
Dry fog coatings ................... 150 
Faux finishing coatings ......... 350 
Fire-resistive coatings ........... 350 
Floor coatings ....................... 100 
Form-release coatings .......... 250 
Graphic arts coatings (Sign 
paints) ............................... 500 
High-temperature coatings ... 420 
Impacted immersion coatings 780 
Industrial maintenance coat-
ings .................................... 250 
Low-solids coatings .............. 120 
Magnesite cement coatings .. 450 
Mastic texture coatings ......... 100 
Metallic pigmented coatings 500 
Multi-color coatings ............... 250 
Nuclear coatings ................... 450 
Pre-treatment wash primers 420 
Primers, sealers, and 
undercoaters ..................... 100 
Reactive penetrating sealers 350 
Reactive penetrating car-
bonate stone sealers ........ 500 
Recycled coatings ................ 250 
Roof coatings ........................ 250 
Rust preventative coatings ... 250 
Shellacs 
Clear ..................................... 730 
Opaque ................................. 550 
Specialty primers, sealers, 
and undercoaters .............. 100 
Stains .................................... 250 
Stone consolidant ................. 450 
Swimming pool coatings ....... 340 
Thermoplastic rubber coat-
ings and mastic ................. 550 
Traffic marking coatings ....... 100 
Tub and tile refinish coatings 420 
Waterproofing membranes ... 250 
Wood coatings ...................... 275 
Wood preservatives .............. 350 
Zinc-rich primers ................... 340 
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162 FR 27968 (May 22, 1997). III. Final Action 
EPA is approving Maryland’s June 27, 
2016 SIP submittal with new regulations 
for AIM coatings under COMAR 26.11.39, and adding these regulations to the Maryland SIP. With this approval, EPA is also removing COMAR 26.11.33 from the Maryland SIP. COMAR 26.11.39 establishes VOC content limits and requirements for certain AIM coating categories which are more stringent than limits previously found in COMAR 26.11.33. Therefore, EPA believes these new regulations in the SIP strengthen the Maryland SIP and should lead to additional VOC reductions, which will reduce ozone formation and assist Maryland with attaining and maintaining the ozone NAAQS. 
IV. Incorporation by Reference 
In this rule, EPA is finalizing 
regulatory text that includes 
incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of Maryland’s new regulations for AIM coatings in COMAR 26.11.39. Therefore, these materials have been 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). 
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 July 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 pertaining to Maryland’s new regulations for AIM coatings under COMAR 26.11.39 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, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds. 
Dated: March 5, 2017. 
Cecil Rodrigues, 
Acting 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, the table in paragraph 
(c) is amended by: 
■a. Removing the heading ‘‘26.11.33 
Architectural Coatings’’ and the entries ‘‘26.11.33.01–26.11.33.14.’’ 
■b. Adding the heading ‘‘26.11.39 
Architectural and Industrial Maintenance (AIM) Coatings’’ and the entries ‘‘26.11.39.01–26.11.39.08’’ in numerical order. 
The additions read as follows: 
§ 52.1070 Identification of plan. 
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(c) * * * 
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EPA—A PPROVED REGULATIONS , TECHNICAL MEMORANDA , ANDSTATUTES IN THE MARYLAND SIP 
Code of Maryland 
administrative 
regulations 
(COMAR) citation Title/subject State effective 
date EPA approval date Additional explanation/ 
citation at 40 CFR 
52.1100 
*******  
26.11.39 Architectural and Industrial Maintenance (AIM) Coatings 
26.11.39.01 ................ Applicability and Exemptions ........................ 4/25/16 5/8/17, [insert Federal 
Register citation].
26.11.39.02 ................ Test Methods-Incorporation by Reference ... 4/25/16 5/8/17, [insert Federal 
Register citation].
26.11.39.03 ................ Definitions ...................................................... 4/25/16 5/8/17, [insert Federal 
Register citation].
26.11.39.04 ................ General Requirements and Standards ......... 4/25/16 5/8/17, [insert Federal 
Register citation].
26.11.39.05 ................ VOC Content Limits ...................................... 4/25/16 5/8/17, [insert Federal 
Register citation].
26.11.39.06 ................ Container Labeling Requirements ................ 4/25/16 5/8/17, [insert Federal 
Register citation].
26.11.39.07 ................ Reporting Requirements ............................... 4/25/16 5/8/17, [insert Federal 
Register citation].
26.11.39.08 ................ Compliance Procedures ................................ 4/25/16 5/8/17, [insert Federal 
Register citation].
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[FR Doc. 2017–09184 Filed 5–5–17; 8:45 am] 
BILLING CODE 6560–50–P 
DEPARTMENT OF COMMERCE 
National Oceanic and Atmospheric 
Administration 
50 CFR Part 622 
[Docket No. 160426363–7275–02] 
RIN 0648–XF351 
Coastal Migratory Pelagic Resources 
of the Gulf of Mexico and Atlantic Region; Reopening of the Commercial Sector in the Western, Northern, and Southern (Gillnet) Zones for King Mackerel in the Gulf of Mexico 
AGENCY : National Marine Fisheries 
Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. 
ACTION : Temporary rule; reopening. 
SUMMARY : NMFS reopens the 
commercial sector for king mackerel in the western and northern zones, and the run-around gillnet component in the southern zone of the Gulf of Mexico (Gulf) exclusive economic zone (EEZ) through this temporary rule. NMFS recently published a final rule that modified the zones and annual catch limits (ACLs) for king mackerel in the Gulf EEZ, which increased the commercial quotas for king mackerel. This final rule will be effective on May 11, 2017. Therefore, NMFS is reopening the western, northern, and southern (gillnet) zones of the Gulf EEZ because there is available king mackerel commercial quota to harvest in these zones at 12:01 a.m., local time, on May 11, 2017, through the end of the respective 2016–2017 fishing year or until the applicable commercial quotas are reached, whichever happens first. NMFS intends through this temporary rule to maximize harvest benefits for the king mackerel commercial sector in the Gulf by allowing the commercial quotas to be caught. 
DATES : This rule is effective for the 
western, northern, and southern (gillnet) zones in the Gulf EEZ at 12:01 a.m., local time, on May 11, 2017. Unless changed by subsequent notification in the Federal Register, the effectiveness of 
this temporary rule continues until 12:01 a.m., local time, on July 1, 2017, for the western and southern (gillnet) zones, and for the northern zone, the effectiveness continues until 12:01 a.m., local time, on October 1, 2017. 
FOR FURTHER INFORMATION CONTACT : 
Kelli O’Donnell, NMFS Southeast Regional Office, phone: 727–824–5305, email: kelli.odonnell@noaa.gov. 
SUPPLEMENTARY INFORMATION : The 
fishery for coastal migratory pelagic fish includes king mackerel, Spanish mackerel, and cobia, and is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. 
Under 50 CFR 622.388(a)(1), NMFS is 
required to close the king mackerel commercial sector for the applicable zone or gear type for the remainder of the fishing year if landings reach, or are projected to reach, the applicable commercial quotas by filing a notification to that effect with the Office of the Federal Register. With the exception of the Florida east coast subzone, NMFS previously projected that the commercial quotas for Gulf migratory group king mackerel (Gulf king mackerel) would be reached for each of the other zones and published temporary rules to close the zones to commercial harvest in the Gulf EEZ prior to the end of the 2016–2017 fishing years. 
On October 14, 2016, NMFS closed 
the commercial sector for king mackerel in the western zone (81 FR 71410, October 17, 2016). 
On November 10, 2016, NMFS closed 
the commercial sector for king mackerel in the Florida west coast northern subzone of the eastern zone (81 FR 78941, November 10, 2016). 
On February 10, 2017, NMFS closed 
the commercial sector for king mackerel in the Florida west coast southern subzone of the eastern zone for run- 
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