54742 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations 

The Coast Guard will inform the users 

of the waterways through our Local 

Notice and Broadcast to Mariners of the 

change in operating schedule for the 

bridge so that vessel operations can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. The Coast Guard notified 

various companies of the commercial oil 

and barge vessels and they have no 

objections to the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: August 11, 2016. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2016–19535 Filed 8–16–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0189; FRL–9950–69– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Control of Volatile 

Organic Compound Emissions From 

Fiberglass Boat Manufacturing 

Materials 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Pennsylvania state implementation 

plan (SIP) submitted by the 

Commonwealth of Pennsylvania. This 

SIP revision pertains to Pennsylvania’s 

regulation for fiberglass boat 

manufacturing materials found in 

section 129.74 of the Pennsylvania 

Code. This regulation meets the 

requirement to adopt reasonably 

available control technology (RACT) for 

sources covered by EPA’s control 

techniques guidelines (CTG) standards 

for fiberglass boat manufacturing 

materials. EPA is, therefore, approving 

this revision to the Pennsylvania SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 16, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2016–0189. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., 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 

Section 172(c)(1) of the CAA provides 

that SIPs for nonattainment areas must 

include reasonably available control 

measures (RACM), including RACT, for 

sources of emissions. Section 

182(b)(2)(A) provides that for certain 

nonattainment areas, states must revise 

their SIPs to include RACT for sources 

of volatile organic compound (VOC) 

emissions covered by a CTG document 

issued after November 15, 1990 and 

prior to the area’s date of attainment. 

Furthermore, pursuant to section 

184(b)(1)(B) of the CAA, all areas in the 

Ozone Transport Region (OTR), such as 

Pennsylvania, must submit SIP 

revisions that include implementation 

of RACT with respect to all sources of 

VOCs in the states covered by a CTG. 

EPA defines RACT as ‘‘the lowest 

emission limitation that a particular 

source is capable of meeting by the 

application of control technology that is 

reasonably available considering 

technological and economic feasibility.’’ 

44 FR 53761 (September 17, 1979). 

CTGs are intended to provide state 

and local air pollution control 

authorities information that should 

assist them in determining RACT for 

VOCs from various sources. The CTG for 

fiberglass boat manufacturing materials 

(Publication No. EPA 453/R–08–004; 

September 2008) 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. EPA’s 2008 CTG 

recommends that the following 

operations should be covered: Open 

molding resin and gel coat operations 

(these include pigmented gel coat, clear 

gel coat, production resin, tooling gel 

coat, and tooling resin); resin and gel 

coat mixing operations; and resin and 

gel coat application equipment cleaning 

operations. 

EPA’s 2008 CTG recommends the 

following VOC reduction measures: 

VOC emission limits for molding resins 

and gel coats; work practices for resin 

and gel coat mixing containers; and 

VOC content and vapor pressure limits 

for cleaning materials. Recommended 

VOC emission limits for open molding 

resin and gel coat operations are shown 

in Table 1. A more detailed explanation 

for determining the VOC emission limits 

for molding resin and gel coats can be 

found in the Technical Support 

Document (TSD) for this rulemaking 

under Docket ID Number EPA–R03– 

OAR–2016–0189 and available online at 

http://www.regulations.gov. 

TABLE 1—MONOMER VOC CONTENT LIMITATIONS FOR OPEN MOLDING RESIN AND GEL COAT OPERATIONS

Materials Application method 

Individual monomer 

VOC content or weight 

average monomer VOC 

content limit 

(weight percent) 

Production Resin ................................................................ Atomized (spray) ................................................................ 28 

Production Resin ................................................................ Nonatomized ...................................................................... 35 

Pigmented Gel Coat ........................................................... Any Method ........................................................................ 33 

Clear Gel Coat .................................................................... Any Method ........................................................................ 48 

Tooling Resin ...................................................................... Atomized ............................................................................. 30 

Tooling Resin ...................................................................... Nonatomized ...................................................................... 39 

Tooling Gel Coat ................................................................ Any Method ........................................................................ 40 

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Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations 54743 

1 62 FR 27968 (May 22, 1997). 

II. Summary of SIP Revision 

On March 2, 2016, the Pennsylvania 

Department of Environmental Protection 

(PADEP) submitted to EPA a SIP 

revision concerning implementation of 

RACT requirements for the control of 

VOC emissions from fiberglass boat 

manufacturing materials. Pennsylvania 

is adopting EPA’s CTG standards for 

fiberglass boat manufacturing materials, 

including the emission limits found in 

Table 1. The regulation is contained in 

25 Pa. Code Chapter 129 (relating to 

standards for sources), and this SIP 

revision seeks to add 25 Pa. Code 

section 129.74 (control of VOC 

emissions from fiberglass boat 

manufacturing materials) to the 

Pennsylvania SIP. EPA finds the 

provisions in 25 Pa. Code section 129.74 

identical to the CTG standards for 

fiberglass boat manufacturing materials 

and is therefore approvable in 

accordance with sections 172(c)(1), 

182(b)(2)(A), and 184(b)(1)(B) of the 

CAA. 

On May 20, 2016 (81 FR 31885), EPA 

published a notice of proposed 

rulemaking (NPR) proposing to approve 

Pennsylvania’s March 2, 2016 SIP 

revision. Other specific requirements 

and the rationale for EPA’s approval 

action are explained in the NPR and 

TSD under Docket ID Number EPA– 

R03–OAR–2016–0189 and will not be 

restated here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving the March 2, 2016 

Pennsylvania SIP revision concerning 

the addition of 25 Pa. Code section 

129.74 to the Pennsylvania SIP because 

section 129.74 meets the requirement to 

adopt RACT for sources covered by 

EPA’s CTG standards for fiberglass boat 

manufacturing materials. 

IV. Incorporation by Reference 

In this rulemaking action, 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 the Pennsylvania rule 

discussed in section II of this preamble. 

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 (Publ. 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 October 17, 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 concerning 

Pennsylvania’s control of VOC 

emissions from fiberglass boat 

manufacturing materials 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, Volatile organic 

compounds. 

Dated: August 2, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

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54744 Federal Register / Vol. 81, No. 159 / Wednesday, August 17, 2016 / Rules and Regulations 

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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by adding an entry for 

‘‘Section 129.74’’ in numerical order to 

read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject State effective 

date EPA approval date 

Additional 

explanation/ 

§ 52.2063 citation 

Title 25—Environmental Protection Article III—Air Resources 

*******

Section 129.74 ............... Control of VOC emissions from fiberglass 

boat manufacturing 

materials.

12/19/15 8/17/16 [Insert Federal 

Register citation].

New section is added; the requirements of section 129.74 supersede the requirements of a 

RACT permit issued under sections 129.91– 

95 prior to December 19, 2015, to the owner 

or operator of a source subject to section 

129.74 to control, reduce or minimize VOCs 

from a fiberglass boat manufacturing process, except to the extent the RACT permit 

contains more stringent requirements. 

******

* * * * * 

[FR Doc. 2016–19540 Filed 8–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 160301164–6694–02] 

RIN 0648–BF87 

Fisheries of the Northeastern United 

States; Northeast Skate Complex 

Fishery; Framework Adjustment 3 and 

2016–2017 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule approves 

regulations to implement Northeast 

Skate Complex Fishery Management 

Plan Framework Adjustment 3 

management measures, including 

fishing year 2016–2017 specifications, 

and implements a new seasonal quota 

allocation for the skate wing fishery. 

This rule is necessary because it updates 

the Skate Fishery Management Plan to 

be consistent with the most recent 

scientific information and it improves 

management of the skate fisheries. The 

intended effect of this rule is to help 

conserve skate stocks while maintaining 

economic opportunities for the skate 

fisheries. 

DATES: Effective on August 17, 2016. 

ADDRESSES: Copies of Framework 3, 

including the Environmental 

Assessment and Regulatory Impact 

Review (EA/RIR), and other supporting 

documents for the action are available 

from Thomas A. Nies, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Mill 2, Newburyport, MA 01950. The 

framework is also accessible via the 

Internet at: http://

www.greateratlantic.fisheries.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, (978) 281–9182. 

SUPPLEMENTARY INFORMATION: 

Background 

Approved Measures 

On June 6, 2016, we proposed in the 

Federal Register (81 FR 36251) 

management modifications to 

implement Framework Adjustment 3 to 

the Northeast Skate Complex Fishery 

Management (FMP), which includes 

catch specifications for fishing years 

2016–2017. After reviewing public 

comments in response to the proposed 

rule, we are approving Framework 3 and 

the 2016–2017 specifications as detailed 

in our proposed rule. 

Specifications for Fishing Years 2016– 

2017 

Specifications including the 

acceptable biological catch (ABC), 

annual catch limit (ACL), annual catch 

target (ACT), and total allowable 

landings (TALs) for the skate wing and 

bait fisheries, as well as possession 

limits, may be specified for up to 2 

years. The 2016–2017 skate complex 

ABC and ACL is 31,081 metric tons 

(mt). After removing management 

uncertainty from the ABC, the ACT that 

remains is 23,311 mt. After removing 

discards and state landings from the 

ACT, the TAL that remains is 12,872 mt. 

Tables 1 and 2 (below) detail TALs and 

possession limits for the skate wing and 

skate bait fisheries—there are no 

possession limit changes from last year. 

These specifications and possession 

limits remain in effect until they are 

replaced. 

TABLE 1—TOTAL ALLOWABLE LANDINGS FOR FISHING YEARS 2016–2017 

Total Allowable Landings (TAL) mt 

Skate Wing Fishery: 

Season 1 (May 1–Aug 31) ........................................................................................................................................................... 4,722 

Season 2 (Sept 1–Apr 30) ........................................................................................................................................................... 3,600 

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