94259 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations 
(a)(5)(iv) of this section, the exportation 
or reexportation by a covered person (as defined in paragraph (e)(4) of this section) to the Government of Iran, to any individual or entity in Iran, or to persons in a third country purchasing specifically for resale to any of the foregoing, of software necessary for the installation and operation of medical devices or replacement parts exported or reexported pursuant to this section, and the conduct of related transactions, are hereby authorized, provided that such software is designated as EAR99, or in the case of software that is not subject to the EAR, would be designated as EAR99 if it were located in the United States, and further provided that, unless otherwise authorized by specific license, payment terms and financing for sales pursuant to this general license are limited to, and consistent with, those authorized by § 560.532. 
(ii) Software updates. Except as 
provided in paragraph (a)(5)(iv) of this section, the exportation or reexportation by a covered person (as defined in paragraph (e)(4) of this section) to the Government of Iran, to any individual or entity in Iran, or to persons in a third country purchasing specifically for resale to any of the foregoing, of software intended for and limited to the provision of safety and service updates and the correction of system or operational errors in medical devices, replacement parts, and associated software that previously were exported, reexported, or provided pursuant to this part, and the conduct of related transactions, are hereby authorized, provided that such software is designated as EAR99, or in the case of software that is not subject to the EAR, would be designated as EAR99 if it were located in the United States, and further provided that, unless otherwise authorized by specific license, payment terms and financing for sales pursuant to this general license are limited to, and consistent with, those authorized by § 560.532. Such software updates may be exported or reexported only to the same end user to whom the original software was exported or reexported. 
(iii) Maintenance and Repair Services. 
Except as provided in paragraph (a)(5)(iv) of this section, the exportation or reexportation by a covered person (as defined in paragraph (e)(4) of this section) to the Government of Iran, to any individual or entity in Iran, or to persons in a third country purchasing specifically for resale to any of the foregoing, of services necessary to maintain and repair medical devices that previously were exported or 
reexported pursuant to this section, including inspection, testing, calibration, or repair services to ensure patient safety or effective operation, and the conduct of related transactions, are hereby authorized, provided that such services do not substantively alter the functional capacities of the medical device as originally authorized for export or reexport, and further provided that, unless otherwise authorized by specific license, payment terms and financing for sales pursuant to this general license are limited to, and consistent with, those authorized by § 560.532. 
(iv) Excluded persons. Paragraphs 
(a)(5)(i) through (iii) of this section do not authorize the exportation or reexportation of software, software updates, or maintenance and repair services for medical devices to military, intelligence, or law enforcement purchasers or importers. 
(6)(i) General license for the 
importation of certain U.S.-origin agricultural commodities, medicine, and medical devices. Except as provided in paragraph (a)(6)(ii) of this section, the importation into the United States of U.S.-origin agricultural commodities, medicine, and medical devices, including parts, components, or accessories thereof, that previously were exported or reexported pursuant to the authorizations in this section and that are broken, defective, or non- operational, or are connected to product recalls, adverse events, or other safety concerns, and the conduct of related transactions, are hereby authorized. 
(ii) Excluded persons. Paragraph 
(a)(6)(i) of this section does not authorize the importation into the United States of U.S.-origin agricultural commodities, medicine, and medical devices that previously were exported or reexported pursuant to the authorizations in this section as broken, defective, or non-operational, or in connection with product recalls, adverse events, or other safety concerns, from military, intelligence, or law enforcement purchasers or importers. 
* * * * * 
(c) * * * 
(5) For items subject to the EAR, an 
Official Commodity Classification of EAR99 issued by the Department of Commerce’s Bureau of Industry and Security (BIS), certifying that the product is designated as EAR99, is required to be submitted to OFAC with the request for a license authorizing the exportation or reexportation of all fertilizers, live horses, western red cedar, or the excluded medical devices specified in paragraph (a)(3)(ii) of this section. See 15 CFR 748.3 for 
instructions for obtaining an Official Commodity Classification of EAR99 from BIS. 
* * * * * 
■4. Amend § 560.532 by revising the 
section heading to read as follows: 
§ 560.532 Payment for and financing of 
exports and reexports of agricultural commodities, medicine, and medical devices, and certain related software and services. 
* * * * * 
John E. Smith, 
Acting Director, Office of Foreign Assets 
Control. 
[FR Doc. 2016–30968 Filed 12–22–16; 8:45 am] 
BILLING CODE 4810–AL–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 52 
[EPA–R03–OAR–2016–0304; FRL–9957–20– 
Region 3] 
Approval and Promulgation of Air 
Quality Implementation Plans; Maryland; Control of Volatile Organic Compounds Emissions From Fiberglass Boat Manufacturing Materials 
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 Maryland’s adoption of the requirements in EPA’s control technique guidelines (CTG) for fiberglass boat manufacturing materials. EPA is approving this Maryland SIP submittal as it is in accordance with the requirements of the Clean Air Act (CAA). 
DATES : This final rule is effective on 
January 23, 2017. 
ADDRESSES : EPA has established a 
docket for this action under Docket ID Number EPA–R03–OAR–2016–0304. 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 
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the person identified in the FOR FURTHER  
INFORMATION CONTACT section for 
additional availability information. 
FOR FURTHER INFORMATION CONTACT : 
Gavin Huang, (215) 814–2042, or by 
email at huang.gavin@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
On August 1, 2016 (81 FR 50427 and 
81 FR 50336), EPA simultaneously published a notice of proposed rulemaking (NPR) and a direct final rule (DFR) for the State of Maryland. On September 16, 2016 (81 FR 63701), EPA withdrew the DFR due to the receipt of a comment on the proposed rulemaking. In the NPR, EPA proposed to include in the Maryland SIP a Maryland regulation which adopted the requirements in EPA’s CTG for fiberglass boat manufacturing materials. The formal SIP revision (#15–07) was submitted by Maryland on December 23, 2015. 
As described in the DFR published on 
August 1, 2016 (81 FR 50336), section 172(c)(1) of the CAA provides that SIPs for nonattainment areas must include reasonably available control measures (RACM), including reasonably available control technology (RACT), for sources of emissions. Additionally, Maryland is in the Ozone Transport Region (OTR) established under section 184(a) of the CAA. Pursuant to section 184(b)(1)(B) of the CAA, all areas in the OTR must submit SIP revisions that include implementation of RACT with respect to all sources of volatile organic compounds (VOC) in the states covered by a CTG. See CAA section 184(b)(1). 
In September 2008, EPA developed a 
CTG entitled Control Techniques Guidelines for Fiberglass Boat Manufacturing Materials (Publication No. EPA 453/R–08–004). The CTG for fiberglass boat manufacturing materials provides control recommendations for reducing VOC emissions from the use of gel coats, resins, and materials used to clean application equipment in fiberglass boat manufacturing operations. This CTG applies to facilities that manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks. 
II. Summary of SIP Revision 
On December 23, 2015, the Maryland 
Department of the Environment (MDE) 
submitted on behalf of the State of Maryland to EPA SIP revision #15–07 concerning implementation of RACT requirements for the control of VOC emissions from fiberglass boat manufacturing materials. Maryland adopted EPA’s CTG standards for fiberglass boat manufacturing materials through a regulation found at Code of Maryland Regulations (COMAR) 26.11.19 (relating to VOC from specific processes). This SIP revision adds COMAR 26.11.19.26–1 (control of VOC emissions from fiberglass boat manufacturing materials) to the Maryland SIP and also includes an amendment to COMAR 26.11.19.26 (control of VOC emissions from reinforced plastic manufacturing) which was previously approved into the Maryland SIP. In addition to adopting EPA’s CTG standards, COMAR 26.11.19.26–1 includes numerous terms and definitions to support the interpretation of the measures, as well as work practices for cleaning, compliance and monitoring requirements, sampling and testing, and record keeping requirements. The amendment to COMAR 26.11.19.26 at COMAR 26.11.19.26A exempts fiberglass boat manufacturing from provisions within COMAR 26.11.19.26 to avoid duplicative or conflicting requirements. Prior to Maryland’s new COMAR 26.11.19.26–1, fiberglass boat manufacturing materials were covered under COMAR 26.11.19.26 which did not address fully EPA’s CTG requirements. Thus, with COMAR 26.11.19.26–1 now addressing fiberglass boat manufacturing materials, Maryland has revised COMAR 26.11.19.26A to clarify and exempt fiberglass boat manufacturing materials from COMAR 26.11.19.26A as these are now clearly addressed in COMAR 26.11.19.26–1. EPA finds the provisions in COMAR 26.11.19.26–1 identical to the CTG standards for fiberglass boat manufacturing materials and therefore approvable in accordance with sections 172(c)(1) and 184(b)(1)(B) of the CAA. 
III. Public Comments and EPA’s 
Responses 
EPA received a comment from the 
Export Inspection Council of India within the Ministry of Commerce and Industry, Government of India (hereinafter referred to as ‘‘Commenter’’) on the August 1, 2016 NPR. 
Comment: The Commenter sought 
clarification to determine if Maryland’s adoption of EPA’s CTG guidelines for fiberglass boat manufacturing materials applied to international manufacturing facilities that export fiberglass boats into the United States. Additionally, if the proposed guidelines are applicable to imported boats, the Commenter questioned how EPA will implement the guidelines and if they will add to the international import requirements of fiberglass boats into the United States. Response: EPA thanks the Commenter 
for its submission seeking clarification 
of the Maryland regulation on fiberglass boat manufacturing. COMAR 26.11.19.26–1 applies to fiberglass manufacturing facilities that manufacture hulls or decks of fiberglass boats, assemble fiberglass boats from premanufactured hulls and decks, or build molds to make hulls or decks of fiberglass boats. See COMAR 
26.11.19.26–1(B)(5). As such, the regulation applies only to manufacturing, assembling or building occurring within Maryland and does not apply to fiberglass boats imported into the State from other locations, including from locations overseas. In addition, under Annotated Code of Maryland § 2– 103(b), Maryland and the Maryland Department of the Environment specifically only have jurisdiction over emissions into the air in the State and over ambient air quality in the State of Maryland. Because Maryland’s regulatory authority therefore does not extend to regulating activities outside the State, EPA is clarifying that COMAR 26.11.19.26–1 does not regulate nor apply to fiberglass boat manufacturing done outside the State of Maryland. Because the regulation does not apply to fiberglass boat manufacturing outside the State of Maryland, EPA need not respond to the Commenter’s inquiry as to how COMAR 26.11.19.26–1 would be implemented for imported fiberglass boats. Finally, EPA clarifies that COMAR 26.11.19.26–1 does not add to import requirements for fiberglass boats being imported into Maryland. 
IV. Final Action 
EPA is approving the December 23, 
2015 Maryland SIP submittal, which 
revises the Maryland SIP by adding new regulation COMAR 26.11.19.26–1 and amending COMAR 26.11.19.26, because the SIP submittal meets the requirement to adopt RACT for sources covered by EPA’s CTG standards for fiberglass boat manufacturing materials and is in accordance with requirements in CAA sections 172, 182 and 184. 
V. 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 COMAR 26.11.19.26–1 and an amendment to COMAR 26.11.19.26 addressing VOC content limits for fiberglass boat manufacturing into the Maryland SIP. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into 
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162 FR 27968 (May 22, 1997). 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). 
VI. 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). 
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 February 21, 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 the Maryland SIP revision adding new regulation COMAR 26.11.19.26–1 and amending COMAR 26.11.19.26 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, Carbon monoxide, 
Incorporation by reference, Ozone, Volatile organic compounds. 
Dated: December 7, 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, the table in paragraph 
(c) is amended by revising COMAR 26.11.19.26 and the entry for COMAR 26.11.19.26–1. The amended text reads as follows: 
§ 52.1070 Identification of plan. 
* * * * * 
(c) * * * 
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 
*******  
26.11.19 Volatile Organic Compounds From Specific Processes 
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EPA-A PPROVED REGULATIONS , TECHNICAL MEMORANDA , ANDSTATUTES IN THE MARYLAND SIP—Continued 
Code of 
Maryland 
Administrative 
Regulations (COMAR) 
citation Title/subject State effective 
date EPA approval date Additional 
explanation/ 
citation at 
40 CFR 
52.1100 
*******  
26.11.19.26 ....................... Control of Volatile Organic Compound Emissions 
from Reinforced Plastic Manufacturing.09/28/15 12/23/16 [Insert Federal 
Register citation].Amendment 
to .26A. 
26.11.19.26–1 ................... Control of Volatile Organic Compound Emissions 
from Fiberglass Boat Manufacturing.09/28/15 12/23/16 [Insert Federal 
Register citation].New Regula-
tion. 
*******  
* * * * * 
[FR Doc. 2016–30880 Filed 12–22–16; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 300 
[EPA–HQ–SFUND–1989–0009; FRL–9957– 
31-Region 3] 
National Oil and Hazardous 
Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the North Penn Area 6 Superfund Site 
AGENCY : Environmental Protection 
Agency. 
ACTION : Direct final rule; notice of 
partial deletion of the North Penn Area 6 Superfund Site from the National Priorities List. 
SUMMARY : The Environmental Protection 
Agency (EPA) Region III is publishing a direct final notice of partial deletion of a portion of the North Penn Area 6 Superfund Site (Site) located in Lansdale Borough, Montgomery County, Pennsylvania, from the National Priorities List (NPL). The deletion affects approximately 6.5 acres located at 135 East Hancock Street (the ‘‘Administrative Parcel’’). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), because EPA has determined that all appropriate response actions at the Administrative Parcel under CERCLA, other than five-year reviews, have been completed. However, this partial deletion does not preclude future actions at the Administrative Parcel under Superfund. 
This partial deletion pertains to soils 
and groundwater of the Administrative Parcel portion of the Site. The other portions of the Site will remain on the NPL, and are not being considered for deletion as part of this action. 
DATES : This direct final partial deletion 
is effective February 21, 2017 unless EPA receives adverse comments by January 23, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final partial deletion in the Federal Register informing the public that the partial deletion will not take effect. 
ADDRESSES : Submit your comments, 
identified by Docket ID no. EPA–HQ– SFUND–1989–0009, by one of the following methods: 
•http://www.regulations.gov . Follow 
on-line instructions for submitting comments. 
•Email: ngo.huu@epa.gov. 
•Mail: U.S. Environmental 
Protection Agency, Region III, Attn: Huu Ngo (3HS21), 1650 Arch Street, Philadelphia, PA 19103–2029 
•Hand Delivery: U.S. Environmental 
Protection Agency, Region III, Attn: Huu Ngo (3HS21), 1650 Arch Street, Philadelphia, PA 19103–2029, Phone: 215–814–3187, Business Hours: Mon. through Fri.—8:00 a.m. to 4:30 p.m. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. 
Instructions: Direct your comments to 
Docket ID no. EPA–HQ–SFUND–1989– 0009. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The 
http://www.regulations.gov Web site is 
an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http://www.regulations.gov, your email 
address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. 
Docket: All documents in the docket 
are listed in the http://www.regulations.gov index. Although 
listed in the index, some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http://www.regulations.gov or in hard copy at: 
•U.S. EPA Region III, Superfund 
Records Center, 6th Floor, 1650 Arch Street, Philadelphia, PA 19103–2029; 
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