64746 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

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 

Directive 023–01 and Commandant 

Instruction M16475.1D, 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 lasting 4 hours that will prohibit 

entry within 190 yards of a fireworks 

barge in Tumon Bay approximately 350 

yards north of Joseph F. Flores Beach 

Park. It is categorically excluded from 

further review under paragraph L60(a) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 01. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

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 

Harbors, 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 § 165.T14–0864 to read as 

follows: 

§ 165.T14–0864 Safety Zone; Tumon Bay, 

Tumon, GU. 

(a) Location. The following areas, 

within the Guam Captain of the Port 

(COTP) Zone (See 33 CFR 3.70–15), all 

navigable waters on the surface and 

below the surface within 190 yards of 

the fireworks barge participating in the 

New Year’s Eve Fireworks display. The 

following position, 13 degrees 30 

minutes 24.99 seconds N Latitude, 144 

degrees 47 minutes 21.93 seconds E 

Longitude, are to be used as a guide to 

the location of the barge. 

(b) Effective dates. This rule is 

effective from 9 p.m. on December 31, 

2018 through 1 a.m. on January 1, 2019. 

(c) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other COTP representative 

permitted by law, may enforce this 

temporary safety zone. 

(d) Waiver. The COTP may waive any 

of the requirements of this rule for any 

person, vessel, or class of vessel upon 

finding that application of the safety 

zone is unnecessary or impractical for 

the purpose of maritime security. 

(e) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: November 28, 2018. 

Christopher M. Chase, 

Captain, U.S. Coast Guard, Captain of the 

Port, Guam. 

[FR Doc. 2018–27333 Filed 12–17–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0424; FRL–9988–12– 

Region 4] 

Air Plan Approval; MS; PSD 

Infrastructure Plan for the 2012 PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

the State Implementation Plan (SIP) 

submission, submitted by the State of 

Mississippi, through the Mississippi 

Department of Environmental Quality 

(MDEQ), on December 11, 2015, to 

demonstrate that the State meets the 

infrastructure requirements of the Clean 

Air Act (CAA or Act) for the 2012 

annual fine particulate matter (PM2.5) 

national ambient air quality standard 

(NAAQS). The CAA requires that each 

state adopt and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. Specifically, EPA 

is approving the portions of the 

submission that relate to the prevention 

of significant deterioration (PSD) 

requirements. All other applicable 

infrastructure requirements for the 2012 

Annual PM2.5 NAAQS have been 

addressed in separate rulemakings. 

DATES: This rule will be effective 

January 17, 2019. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0424. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Mr. Lakeman can 

be reached via telephone at (404) 562– 

9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 14, 2012 (78 FR 3086, 

January 15, 2013), EPA promulgated a 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations 64747 

1 In these infrastructure SIP submissions States 

generally certify evidence of compliance with 

sections 110(a)(1) and (2) of the CAA through a 

combination of state regulations and statutes, some 

of which have been incorporated into the federallyapproved SIP. In addition, certain federallyapproved, non-SIP regulations may also be 

appropriate for demonstrating compliance with 

sections 110(a)(1) and (2). 

revised primary annual PM2.5 NAAQS. 

The standard was strengthened from 

15.0 micrograms per cubic meter (mg/ 

m3) to 12.0 mg/m3. Pursuant to section 

110(a)(1) of the CAA, states are required 

to submit SIPs meeting the applicable 

requirements of section 110(a)(2) within 

three years after promulgation of a new 

or revised NAAQS or within such 

shorter period as EPA may prescribe. 

Section 110(a)(2) requires states to 

address basic SIP elements such as 

requirements for monitoring, basic 

program requirements and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. States were required to submit 

such SIPs for the 2012 Annual PM2.5

NAAQS to EPA no later than December 

14, 2015.1

Through this action, EPA is approving 

Mississippi’s PSD requirements of 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 

(prong 3) and 110(a)(2)(J) (hereafter 

‘‘PSD Elements’’) for the 2012 Annual 

PM2.5 NAAQS. In a notice of proposed 

rulemaking (NPRM) published on June 

8, 2016 (81 FR 36848), EPA proposed to 

approve Mississippi’s PSD Elements of 

the December 11, 2015, submittal. 

Comments on the NPRM were due on or 

before July 8, 2016. EPA received no 

adverse comments on the proposed 

action. In the final rule on December 12, 

2016 (81 FR 89391), EPA inadvertently 

indicated that the Agency had already 

approved these requirements. 

Specifically, in the December 12, 2016, 

Federal Register final rule, EPA stated 

that on March 18, 2015 (80 FR 14019), 

the Agency approved Mississippi’s 

December 11, 2015, submission 

regarding the PSD Elements. However, 

the March 18, 2015, Federal Register 

final rule only addressed the PSD 

Elements for the 2008 Lead, 2008 Ozone 

and 2010 Nitrogen Dioxide NAAQS. 

Therefore, EPA is taking the opportunity 

to correct this error and is approving the 

PSD Elements for the 2012 Annual 

PM2.5 NAAQS. EPA notes that the 

Agency is not approving any specific 

rule, but rather finding that 

Mississippi’s already approved SIP 

meets certain CAA requirements. 

II. Final Action 

As described above, EPA is approving 

the portions of the above-described 

infrastructure SIP submission submitted 

by Mississippi on December 11, 2015, to 

address the PSD requirements of 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) 

(prong 3) and 110(a)(2)(J) of the CAA for 

the 2012 Annual PM2.5 NAAQS. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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. 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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 (Public Law 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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). 

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 19, 2019. 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 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, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 6, 2018. 

Mary S. Walker, 

Acting Regional Administrator, Region 4. 

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: 


amozie on DSK3GDR082PROD with RULES
64748 Federal Register / Vol. 83, No. 242 / Tuesday, December 18, 2018 / Rules and Regulations 

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

Subpart Z—Mississippi 

■ 2. Section 52.1270(e) is amended by 

adding new entry for ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2012 

Annual PM2.5 NAAQS’’ at the end of the 

table to read as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSISSIPPI NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal 

date/ 

effective 

date 

EPA approval 

date Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 

2012 Annual PM2.5 NAAQS.

Mississippi ............. 12/11/2015 12/18/2018, [Insert citation of publication].Addressing the PSD permitting requirements of 

sections 110(a)(2)(C), 110(a)(2)(D)(i)(II) (prong 

3) and 110(a)(2)(J) only 

[FR Doc. 2018–27256 Filed 12–17–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120815345–3525–02] 

RIN 0648–XG662 

Snapper-Grouper Fishery of the South 

Atlantic; 2018 Recreational 

Accountability Measure and Closure 

for the South Atlantic Other Jacks 

Complex 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for the 

recreational sector for the other jacks 

complex (lesser amberjack, almaco jack, 

and banded rudderfish) in the South 

Atlantic for the 2018 fishing year 

through this temporary rule. NMFS has 

determined that recreational landings of 

the other jacks complex has exceeded its 

recreational annual catch limit (ACL). 

Therefore, NMFS closes the recreational 

sector for this complex on December 18, 

2018, through the remainder of the 2018 

fishing year in the exclusive economic 

zone (EEZ) of the South Atlantic. This 

closure is necessary to protect the lesser 

amberjack, almaco jack, and banded 

rudderfish resources. 

DATES: This rule is effective 12:01 a.m., 

local time, December 18, 2018, until 

12:01 a.m., local time, January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes lesser amberjack, 

almaco jack, and banded rudderfish, 

and is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council 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. 

The recreational ACL for the other 

jacks complex is 267,799 lb (121,472 

kg), round weight. Under 50 CFR 

622.193(l)(2)(i), NMFS is required to 

close the recreational sector for the 

other jacks complex when the 

recreational ACL has been reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register, unless NMFS 

determines that no closure is necessary 

based on the best scientific information 

available. NMFS has determined that 

the recreational sector for this complex 

has exceeded its ACL. Therefore, this 

temporary rule implements an AM to 

close the recreational sector for the 

other jacks complex in the South 

Atlantic EEZ, effective 12:01 a.m., local 

time, December 18, 2018, until January 

1, 2019, the start of the next fishing 

year. 

During the recreational closure, the 

bag and possession limits for the fish in 

the other jacks complex in or from the 

South Atlantic EEZ are zero. 

Additionally, NMFS closed the 

commercial sector for the other jacks 

complex effective on August 22, 2018, 

upon reaching the commercial ACL (83 

FR 41019; August 17, 2018). Therefore, 

as of 12:01 a.m. on December 18, 2018, 

no commercial or recreational harvest of 

fish in the other jacks complex from the 

South Atlantic EEZ is allowed for the 

remainder of the 2018 fishing year. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of the other jacks complex, 

a component of the South Atlantic 

snapper-grouper fishery, and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(l)(2)(i) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

public comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds that the need to 

immediately implement this action to 

close the recreational sector for the 

other jacks complex constitutes good 

cause to waive the requirements to 

provide prior notice and opportunity for 

public comment pursuant to the 

authority set forth in 5 U.S.C. 553(b)(B), 

as such procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rule implementing the AM itself has 

been subject to notice and comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are contrary to the public interest 

because of the need to immediately 

implement this action to protect the 

other jacks complex. Prior notice and 

opportunity for public comment would 

require time and would potentially 


amozie on DSK3GDR082PROD with RULES