47708 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 

entry for USS LITTLE ROCK (LCS 9); 

and 

■ b. In Table Five, adding, in alpha 

numerical order, by vessel number, an 

entry for USS LITTLE ROCK (LCS 9). 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

* * * * * 

TABLE ONE

Vessel Number 

Distance in meters of 

forward masthead 

light below minimum 

required height. 

§ 2(a)(i) Annex I 

*******

USS LITTLE ROCK ........................................................................................... LCS 9 .................................................. 6.0 

* * * * * * * 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead 

lights not 

over all 

other lights 

and 

obstructions. 

Annex I, 

sec. 2(f) 

Forward 

masthead 

light not in 

forward 

quarter of 

ship. Annex 

I, sec. 3(a) 

After masthead light less 

than 1⁄2 ship’s 

length aft of 

forward masthead light. 

Annex I, 

sec. 3(a) 

Percentage 

horizontal 

separation 

attained 

*******

USS LITTLE ROCK .................................................................. LCS 9 ........ ........................ X X 23 

*******

Approved: July 6, 2016. 

C.J. Spain, 

Deputy Assistant Judge Advocate, General 

(Admiralty and Maritime Law), Acting. 

Dated: July 12, 2016. 

N.A. Hagerty-Ford, 

Commander, Judge Advocate General’s Corps, 

U.S. Navy, Federal Register Liaison Officer. 

[FR Doc. 2016–17351 Filed 7–21–16; 8:45 am] 

BILLING CODE 3810–FF–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0306; A–1–FRL– 

9949–32–Region 1] 

Air Plan Approval; RI; Correction, 

Administrative and Miscellaneous 

Revisions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island. 

This SIP revision includes fifteen 

revised Rhode Island Air Pollution 

Control Regulations. These regulations 

have been previously approved into the 

Rhode Island SIP and the revisions to 

these regulations currently being 

approved are mainly administrative in 

nature, but also include technical 

corrections and a few substantive 

changes to several of the rules. In 

addition, EPA is promulgating a 

correction to the Rhode Island SIP to 

remove Rhode Island’s odor regulation 

because it was previously erroneously 

approved into the SIP. The intended 

effect of this action is to approve Rhode 

Island’s fifteen revised regulations into 

the Rhode Island SIP and to correct the 

Rhode Island SIP by removing Rhode 

Island’s odor regulation. This action is 

being taken in accordance with the 

Clean Air Act. 

DATES: This direct final rule will be 

effective September 20, 2016, unless 

EPA receives adverse comments by 

August 22, 2016. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2015–0306 at http://

www.regulations.gov, or via email to 

mcdonnell.ida@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 


ehiers on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 47709 

1 In a letter dated May 25, 2016, Rhode Island 

submitted revised versions of each of these 

regulations to withdraw certain provisions from the 

September 22, 2008 SIP submittal. Rhode Island 

withdrew ‘‘director discretion’’ provisions from 

Rhode Island APC Regulation No. 3 and No. 12, and 

air toxics provisions from Rhode Island APC 

Regulation No. 7. Rhode Island also withdrew the 

‘‘Application’’ section from the General Provisions 

of all fifteen regulations. In addition, the September 

22, 2008 SIP submittal did not include 

‘‘halogenated organic compound’’ applicability 

provisions in APC Regulation No. 15, No. 19, No. 

21, No. 26, No. 30, No. 32, and No. 35. 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lancey, Air Permits, Toxics, and 

Indoor Programs Unit, Office of 

Ecosystem Protection, 5 Post Office 

Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912, 

telephone 617–918–1656, fax 617–918– 

0656, email lancey.susan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. Correction to Rhode Island’s SIP 

III. Rhode Island’s SIP Revision 

IV. EPA’s Evaluation of Rhode Island’s SIP 

Revision 

V. Final Action 

VI. Incorporation by Reference 

VII. Statutory and Executive Order Reviews 

I. Background and Purpose 

On September 22, 2008, the Rhode 

Island Department of Environmental 

Management (RI DEM) submitted a SIP 

revision to EPA. This SIP revision 

includes fifteen revised Rhode Island 

Air Pollution Control Regulations, with 

the revisions mainly being 

administrative in nature, but several 

rules also included technical corrections 

and four rules included additional 

changes. In addition, in a letter dated 

May 24, 2016, Rhode Island requested 

that EPA remove Rhode Island’s Air 

Pollution Control Regulation No. 17 

‘‘Odors’’ from the existing SIP, a 

revision to which was initially included 

in Rhode Island’s September 22, 2008 

SIP submittal. Also, on March 25, 2015, 

Rhode Island submitted a separate SIP 

revision with revised versions of three 

regulations that were part of the 

September 22, 2008 SIP submittal. 

These three revisions consisted of minor 

technical corrections. In a letter dated 

May 25, 2016, Rhode Island submitted 

another letter, withdrawing from its SIP 

revision several provisions of the fifteen 

regulations included in the original 

September 22, 2008 SIP submittal.1

Rhode Island’s new ‘‘Air Pollution 

Control General Definitions Regulation’’ 

was also included in the September 22, 

2008 SIP revision. However, an updated 

version of that regulation (effective in 

the state of Rhode Island on September 

29, 2010) was subsequently submitted 

by RI DEM on March 25, 2011, and was 

approved by EPA on March 1, 2012. See 

77 FR 14691. 

In addition, by letters dated June 27, 

2014, March 28, 2016, and May 24, 

2016, Rhode Island withdrew seventeen 

of the regulations originally included in 

the September 22, 2008 SIP submittal. 

Consequently, we are taking action only 

on the following revised regulations 

from Rhode Island’s September 22, 2008 

submittal: Rhode Island’s Air Pollution 

Control (APC) Regulation No. 1 ‘‘Visible 

Emissions,’’ No. 3 ‘‘Particulate 

Emissions from Industrial Processes,’’ 

No. 4 ‘‘Open Fires,’’ No. 6 ‘‘Continuous 

Emissions Monitors,’’ No. 7 ‘‘Emissions 

of Air Contaminants Detrimental to 

Person or Property,’’ No. 12 

‘‘Incinerators,’’ No. 14 ‘‘Record Keeping 

and Reporting,’’ No. 15 ‘‘Control of 

Organic Solvent Emissions,’’ No. 19 

‘‘Control of Volatile Organic 

Compounds from Surface Coating 

Operations,’’ No. 21 ‘‘Control of Volatile 

Organic Compounds from Printing 

Operations,’’ No. 26 ‘‘Control of Organic 

Solvent Emissions from Manufacturers 

of Synthesized Pharmaceutical 

Products,’’ No. 27 ‘‘Control of Nitrogen 

Oxide Emissions,’’ No. 30 ‘‘Control of 

Volatile Organic Compounds from 

Automobile Refinishing Operations,’’ 

No. 32 ‘‘Control of Volatile Organic 

Compounds from Marine Vessel 

Loading Operations,’’ and No. 35 

‘‘Control of Volatile Organic 

Compounds and Volatile Hazardous Air 

Pollutants from Wood Product 

Manufacturing Operations.’’ All of these 

regulations were effective in the State of 

Rhode Island on July 19, 2007. 

See section II of this document for 

details about the correction to Rhode 

Island’s SIP to remove the odor 

regulation. See section III for details 

about the rule changes we are taking 

action on, which were contained in 

Rhode Island’s September 22, 2008 SIP 

revision. See section IV for a summary 

of EPA’s evaluation of the State’s 

amended September 22, 2008 SIP 

submittal. Please note that if EPA 

receives adverse comment(s) on a 

particular amendment, paragraph, or 

section of Rhode Island’s SIP revision 

and if that amendment, paragraph, or 

section is severable from the remainder 

of the regulation in question, EPA may 

adopt as final those provisions of the 

regulation that are not the subject of the 

adverse comment(s). 

II. Correction to Rhode Island’s SIP 

A revision to APC Regulation No. 17 

‘‘Odors’’ was initially included in 

Rhode Island’s September 22, 2008 SIP 

submittal. However, in a letter dated 

May 24, 2016, Rhode Island withdrew 

that revision from its SIP submittal and 

also requested that EPA remove Rhode 

Island’s already existing Air Pollution 

Control Regulation No. 17 ‘‘Odors’’ from 

the SIP. EPA has determined that Rhode 

Island’s Air Pollution Control 

Regulation No. 17 ‘‘Odors,’’ which was 

originally approved into the SIP in 

1981, does not have reasonable 

connection to the National Ambient Air 

Quality Standards (NAAQS) and related 

air quality goals of the Clean Air Act 

and thus is not properly part of the SIP. 

Consequently, pursuant to CAA section 

110(k)(6), EPA is correcting the 

erroneous approval of Rhode Island’s 

odor regulation into the SIP. Section 

110(k)(6) of the CAA provides that 

‘‘[w]henever the Administrator 

determines that the Administrator’s 

action approving, disapproving, or 

promulgating any plan or plan revision 

(or part thereof), area designation, 

redesignation, classification or 

reclassification was in error, the 

Administrator may in the same manner 

as the approval, disapproval, or 

promulgation revise any such action as 

appropriate without requiring any 

further submission from the State. Such 

determination and the basis thereof 

shall be provided to the State and the 

public.’’ It should be noted that Section 

110(k)(6) has been used by EPA to 

delete improperly approved odor 

provisions from the Wyoming SIP and 

the New York SIP. See 61 FR 47058 and 

63 FR 65557. 

III. Rhode Island’s SIP Revision 

For ten of the fifteen regulations 

included in Rhode Island’s amended 

September 22, 2008 SIP submittal, 

Rhode Island removed common 

definitions from each of those 

individual regulations and recodified 

them in Rhode Island’s Air Pollution 

Control General Definitions Regulation. 

As noted above, the ‘‘Air Pollution 

Control General Definitions Regulation’’ 

with those added definitions was 

approved into the SIP on March 1, 2012. 

In addition, for all of the fifteen 

regulations included in Rhode Island’s 

amended September 22, 2008 SIP 

submittal, Rhode Island added General 

Provisions to each of the regulations. 

These General Provisions state the 

purpose of the rule, cite the authority 

pursuant to which the regulations were 

promulgated, and provide the effective 

date of the regulation. 


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47710 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 

2 It should be noted that the only newly adopted 

regulation included in Rhode Island’s September 

22, 2008 SIP submittal was the ‘‘General 

Definitions’’ regulation. An updated version of that 

regulation was approved by EPA on March 13, 

2012. See 77 FR 14691. Therefore, the definitions 

regulation was one of the rules that Rhode Island 

withdrew in its March 28, 2016 letter. 

On March 25, 2015, Rhode Island 

amended the September 22, 2008 SIP 

submittal by submitting revised versions 

of Air Pollution Control Regulations No. 

15, No. 26, and No. 32, including minor 

technical corrections. Rhode Island’s 

APC Regulation No. 15 was revised to 

correct the numbering of subsections 

15.4.10(g) and (h) and was revised to 

correct the references to these sections 

in subsections 15.2.4(b) and 15.2.5(b). 

Rhode Island’s APC Regulation No. 26 

was revised in subsection 26.6.2 to 

correct a cross reference to another 

subsection. Rhode Island’s APC 

Regulation No. 32 was revised to correct 

a typographical error in subsection 

32.1.1 and to correct the symbol for 

degrees in subsection 32.4.3(f). 

In addition to the changes noted 

above, in the amended September 22, 

2008 SIP submittal, the following eight 

regulations added a Table of Contents in 

each regulation: Rhode Island’s APC 

Regulation No. 15, No. 19, No. 21, No. 

26, No. 27, No. 30, No. 32, and No. 35. 

Furthermore, APC Regulation No. 4, No. 

7, No. 12, and No. 14 included 

additional changes. The following 

discussion provides a summary of the 

changes to these four regulations. 

Rhode Island’s APC Regulation No. 4 

‘‘Open Fires’’ was approved into the SIP 

in 1981. See 46 FR 25446. The currently 

approved standard prohibits burning of 

any material in an open fire at a solid 

waste management facility or in 

connection with any salvage, industrial, 

commercial or institutional operation. 

Rhode Island added a definition for 

hazardous waste disposal facility to 

mean real and personal property 

acquired, constructed or operated for 

the purpose of the disposal of hazardous 

waste, and added an explicit prohibition 

for open burning at hazardous wastes 

disposal facilities. In addition, Rhode 

Island added a provision allowing the RI 

DEM Air Director to approve open 

burning of solid or liquid fuels or 

structures for the purpose of instruction 

and training of municipal, volunteer 

and industrial firefighters in the method 

of fighting fires when conducted under 

the direct control and supervision of 

qualified instructors. The rule also 

added a provision allowing the Director 

to approve the combustion of material if 

no alternative means of disposal is 

available, and so long as the burning is 

conducted during periods of good 

ventilation, without causing a nuisance, 

and using smoke minimizing starters if 

smoke starters are used. Alternative 

disposal methods may include 

chipping, cutting for forest products, 

landfilling, piling for protective cover 

for wildlife and others. EPA concluded 

that sufficient, concrete bounds and 

conditions were placed on the Director’s 

ability to approve alternative means of 

combusting material, such that the 

Director’s discretion in this particular 

instance is approvable under the CAA. 

Rhode Island’s Air Pollution Control 

Regulation No. 7 ‘‘Emissions of Air 

Contaminants Detrimental to Person or 

Property’’ was approved into the SIP in 

1981. See 46 FR 25446. The standard 

prohibits emissions of any contaminant 

that may be injurious to human, plant 

or animal life, or cause damage to 

property or which unreasonably 

interferes with the enjoyment of life and 

property. Rhode Island’s APC 

Regulation No. 7 was revised to include 

criteria for determining compliance 

with the standard for new sources or 

modifications. In the issuance of any 

approval under Rhode Island’s APC 

Regulation No. 9 ‘‘Air Pollution Control 

Permits’’ the criteria for determining 

compliance with regard to the APC 

Regulation No. 7 standards will be 

based on compliance with the primary 

and secondary NAAQS. 

Rhode Island’s Air Pollution Control 

Regulation No. 12 ‘‘Incinerators’’ was 

approved into the SIP in 1982. See 47 

FR 17816. Rhode Island’s APC 

Regulation No. 12 was amended to 

exclude new hospital, medical, and 

infectious waste incinerators subject to 

sections 39.3–39.10 of Rhode Island’s 

APC Regulation No. 39. Rhode Island’s 

APC Regulation No. 39 was approved by 

EPA as part of a State Plan required by 

sections 111(d) and 129 of the Clean Air 

Act. See 66 FR 21092. 

Rhode Island’s APC Regulation No. 

14, Recordkeeping and Reporting, was 

approved into the SIP in 1999. See 64 

FR 67495. Rhode Island’s APC 

Regulation No. 14 was revised to require 

emission statements to be submitted by 

April 15 of each year instead of ‘‘within 

45 days of the end of the calendar year.’’ 

IV. EPA’s Evaluation of Rhode Island’s 

SIP Revision 

We have reviewed the regulations 

included in Rhode Island’s amended 

September 22, 2008 SIP submittal and 

have found that all of the regulations 

currently pending before EPA from that 

submittal had previously been approved 

into the Rhode Island SIP (without the 

revisions included in the amended 

September 22, 2008 submission).2 The 

changes to Rhode Island’s APC 

Regulation No. 4 ‘‘Open Fires’’ to allow 

open burning for the instruction and 

training of firefighters or where there are 

no alternatives to open burning 

available, are practical and properly 

limited exceptions to the general 

prohibition against open fires. Rhode 

Island’s APC Regulation No. 7 

‘‘Emissions of Air Contaminants 

Detrimental to Person or Property’’ was 

strengthened by adding criteria for 

determining compliance with the 

standard for new and modified sources. 

Rhode Island’s APC Regulation No. 12 

‘‘Incinerators’’ now excludes 

incinerators more appropriately 

regulated by Rhode Island’s APC 

Regulation No. 39 as part of an EPA 

approved State Plan under sections 

111(d) and 129 of the Clean Air Act. 

Lastly, the change to the date for 

submissions in Rhode Island’s APC 

Regulation No. 14 ‘‘Record Keeping and 

Reporting’’ is minor in nature and has 

no bearing on air quality. As described 

above, the revisions to the majority of 

those regulations submitted as part of 

the amended September 22, 2008 

submittal are primarily administrative 

in nature and also include certain minor 

technical corrections, as well as a few 

substantive changes we find acceptable 

to several of the rules. Therefore, EPA 

is approving the revised regulations into 

the Rhode Island SIP. 

V. Final Action 

EPA is removing Rhode Island’s APC 

Regulation No. 17 ‘‘Odors’’ from the 

approved Rhode Island SIP pursuant to 

Section 110(k)(6) of the Act. In addition, 

EPA is approving, and incorporating 

into the Rhode Island SIP, the following 

revised Rhode Island Air Pollution 

Control Regulations, effective in the 

state of Rhode Island on July 19, 2007: 

No. 1 ‘‘Visible Emissions’’ (except 

section 1.5.3 of the General Provisions 

which was formally withdrawn from 

consideration as part of the SIP 

revision) 

No. 3 ‘‘Particulate Emissions from 

Industrial Processes’’ (except section 

3.4.3 of the General Provisions and 

the ‘‘director discretion’’ provisions in 

section 3.3(a), which were formally 

withdrawn from consideration as part 

of the SIP revision) 

No. 4 ‘‘Open Fires’’ (except section 4.5.3 

of the General Provisions which was 

formally withdrawn from 

consideration as part of the SIP 

revision) 

No. 6 ‘‘Continuous Emissions Monitors’’ 

(except section 6.4.3 of the General 

Provisions which was formally 

withdrawn from consideration as part 

of the SIP revision) 


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Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 47711 

No. 7 ‘‘Emissions of Air Contaminants 

Detrimental to Person or Property’’ 

(except section 7.5.3 of the General 

Provisions and the air toxics 

provisions in sections 7.4.1(b), (c), 

and (d), which were formally 

withdrawn from consideration as part 

of the SIP revision) 

No. 12 ‘‘Incinerators’’ (except section 

12.8.3 of the General Provisions and 

the ‘‘director discretion’’ provisions in 

sections 12.5(a) and (c), which were 

formally withdrawn from 

consideration as part of the SIP 

revision) 

No. 14 ‘‘Record Keeping and Reporting’’ 

(except section 14.4.3 of the General 

Provisions which was formally 

withdrawn from consideration as part 

of the SIP revision) 

No. 15 ‘‘Control of Organic Solvent 

Emissions’’ (except section 15.5.3 of 

the General Provisions which was 

formally withdrawn from 

consideration as part of the SIP 

revision, and section 15.2.2 which 

was not submitted as part of the SIP 

revision) 

No. 19 ‘‘Control of Volatile Organic 

Compounds from Surface Coating 

Operations’’ (except section 19.9.3 of 

the General Provisions which was 

formally withdrawn from 

consideration as part of the SIP 

revision, and section 19.2.2 which 

was not submitted as part of the SIP 

revision) 

No. 21 ‘‘Control of Volatile Organic 

Compounds from Printing 

Operations’’ (except section 21.8.3 of 

the General Provisions which was 

formally withdrawn from 

consideration as part of the SIP 

revision, and section 21.2.3 which 

was not submitted as part of the SIP 

revision) 

No. 26 ‘‘Control of Organic Solvent 

Emissions from Manufacturers of 

Synthesized Pharmaceutical 

Products’’ (except section 26.8.3 of 

the General Provisions which was 

formally withdrawn from 

consideration as part of the SIP 

revision, and section 26.2.3 which 

was not submitted as part of the SIP 

revision) 

No. 27 ‘‘Control of Nitrogen Oxide 

Emissions’’ (except section 27.7.3 of 

the General Provisions which was 

formally withdrawn from 

consideration as part of the SIP 

revision) 

No. 30 ‘‘Control of Volatile Organic 

Compounds from Automobile 

Refinishing Operations’’ (except 

section 30.9.3 of the General 

Provisions which was formally 

withdrawn from consideration as part 

of the SIP revision, and section 30.2.2 

which was not submitted as part of 

the SIP revision) 

No. 32 ‘‘Control of Volatile Organic 

Compounds from Marine Vessel 

Loading Operations’’ (except section 

32.7.3 of the General Provisions 

which was formally withdrawn from 

consideration as part of the SIP 

revision, and section 32.2.2 which 

was not submitted as part of the SIP 

revision) 

No. 35 ‘‘Control of Volatile Organic 

Compounds and Volatile Hazardous 

Air Pollutants from Wood Product 

Manufacturing Operations’’ (except 

section 35.9.3 of the General 

Provisions which was formally 

withdrawn from consideration as part 

of the SIP revision, and section 35.2.3 

which was not submitted as part of 

the SIP revision) 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective 

September 20, 2016 without further 

notice unless the Agency receives 

relevant adverse comments by August 

22, 2016. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on September 20, 2016 and no further 

action will be taken on the proposed 

rule. Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

VI. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Rhode 

Island’s Air Pollution Control 

Regulations No. 1 ‘‘Visible Emissions’’ 

(except section 1.5.3 of the General 

Provisions which was formally 

withdrawn from consideration as part of 

the SIP revision), No. 3 ‘‘Particulate 

Emissions from Industrial Processes’’ 

(except section 3.4.3 of the General 

Provisions and the ‘‘director discretion’’ 

provisions in section 3.3(a), which were 

formally withdrawn from consideration 

as part of the SIP revision), No. 4 ‘‘Open 

Fires’’ (except section 4.5.3 of the 

General Provisions which was formally 

withdrawn from consideration as part of 

the SIP revision), No. 6 ‘‘Continuous 

Emissions Monitors’’ (except section 

6.4.3 of the General Provisions which 

was formally withdrawn from 

consideration as part of the SIP 

revision), No. 7 ‘‘Emissions of Air 

Contaminants Detrimental to Person or 

Property’’ (except section 7.5.3 of the 

General Provisions and the air toxics 

provisions in sections 7.4.1(b), (c), and 

(d), which were formally withdrawn 

from consideration as part of the SIP 

revision), No. 12 ‘‘Incinerators’’ (except 

section 12.8.3 of the General Provisions 

and the ‘‘director discretion’’ provisions 

in sections 12.5(a) and (c), which were 

formally withdrawn from consideration 

as part of the SIP revision), No. 14 

‘‘Record Keeping and Reporting’’ 

(except section 14.4.3 of the General 

Provisions which was formally 

withdrawn from consideration as part of 

the SIP revision), No. 15 ‘‘Control of 

Organic Solvent Emissions’’ (except 

section 15.5.3 of the General Provisions 

which was formally withdrawn from 

consideration as part of the SIP revision, 

and section 15.2.2 which was not 

submitted as part of the SIP revision), 

No. 19 ‘‘Control of Volatile Organic 

Compounds from Surface Coating 

Operations’’ (except section 19.9.3 of 

the General Provisions which was 

formally withdrawn from consideration 

as part of the SIP revision, and section 

19.2.2 which was not submitted as part 

of the SIP revision), No. 21 ‘‘Control of 

Volatile Organic Compounds from 

Printing Operations’’ (except section 

21.8.3 of the General Provisions which 

was formally withdrawn from 

consideration as part of the SIP revision, 

and section 21.2.3 which was not 

submitted as part of the SIP revision), 

No. 26 ‘‘Control of Organic Solvent 

Emissions from Manufacturers of 

Synthesized Pharmaceutical Products’’ 

(except section 26.8.3 of the General 

Provisions which was formally 

withdrawn from consideration as part of 

the SIP revision, and section 26.2.3 

which was not submitted as part of the 

SIP revision), No. 27 ‘‘Control of 

Nitrogen Oxide Emissions’’ (except 


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47712 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 

section 27.7.3 of the General Provisions 

which was formally withdrawn from 

consideration as part of the SIP 

revision), No. 30 ‘‘Control of Volatile 

Organic Compounds from Automobile 

Refinishing Operations’’ (except section 

30.9.3 of the General Provisions which 

was formally withdrawn from 

consideration as part of the SIP revision, 

and section 30.2.2 which was not 

submitted as part of the SIP revision), 

No. 32 ‘‘Control of Volatile Organic 

Compounds from Marine Vessel 

Loading Operations’’ (except section 

32.7.3 of the General Provisions which 

was formally withdrawn from 

consideration as part of the SIP revision, 

and section 32.2.2 which was not 

submitted as part of the SIP revision), 

and No. 35 ‘‘Control of Volatile Organic 

Compounds and Volatile Hazardous Air 

Pollutants from Wood Product 

Manufacturing Operations’’ (except 

section 35.9.3 of the General Provisions 

which was formally withdrawn from 

consideration as part of the SIP revision, 

and section 35.2.3 which was not 

submitted as part of the SIP revision), 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through http://

www.regulations.gov. 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

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 Clean Air Act; 

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, 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 20, 

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. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 5, 2016. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations 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 OO—Rhode Island 

■ 2. In § 52.2070, paragraph (c), the 

table is amended by removing the entry 

for state citation Air Pollution Control 

Regulation 17; and by revising entries to 

state citations for Air Pollution Control 

Regulations 1, 3, 4, 6, 7, 12, 14, 15, 19, 

21, 26, 27, 30, 32, and 35 to read as 

follows: 

§ 52.2070 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 47713 

EPA-APPROVED RHODE ISLAND REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Air Pollution Control 

Regulation 1.

Visible Emissions ... 7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 1 is approved with the 

exception of section 1.5.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision. 

*******

Air Pollution Control 

Regulation 3.

Particulate Emissions from Industrial Processes.7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 3 is approved with the 

exception of section 3.4.3 of the General Provisions and 

the ‘‘director discretion’’ provisions in section 3.3(a), 

which were formally withdrawn from consideration as part 

of the SIP revision. 

Air Pollution Control 

Regulation 4.

Open Fires ............. 7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 4 is approved with the 

exception of section 4.5.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision. 

*******

Air Pollution Control 

Regulation 6.

Continuous Emission Monitors.7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 6 is approved with the 

exception of section 6.4.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision. 

Air Pollution Control 

Regulation 7.

Emission of Air 

Contaminants 

Detrimental to 

Persons or Property.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 7 is approved with the 

exception of section 7.5.3 of the General Provisions and 

the air toxics provisions in sections 7.4.1(b), (c), and (d), 

which were formally withdrawn from consideration as part 

of the SIP revision. 

*******

Air Pollution Control 

Regulation 12.

Incinerators ............ 7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 12 is approved with 

the exception of section 12.8.3 of the General Provisions 

and the ‘‘director discretion’’ provisions in sections 12.5(a) 

and (c), which were formally withdrawn from consideration as part of the SIP revision. 

*******

Air Pollution Control 

Regulation 14.

Recordkeeping and 

Reporting.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 14 is approved with 

the exception of section 14.4.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision. 

Air Pollution Control 

Regulation 15.

Control of Organic 

Solvent Emissions.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 15 is approved with 

the exception of section 15.5.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision, and section 15.2.2 which was not 

submitted as part of the SIP revision. 

*******

Air Pollution Control 

Regulation 19.

Control of Volatile 

Organic Compounds from Surface Coating Operations.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 19 is approved with 

the exception of section 19.9.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision, and section 19.2.2 which was not 

submitted as part of the SIP revision. 

Air Pollution Control 

Regulation 21.

Control of Volatile 

Organic Compounds from 

Printing Operations.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 21 is approved with 

the exception of section 21.8.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision, and section 21.2.3 which was not 

submitted as part of the SIP revision. 

*******

Air Pollution Control 

Regulation 26.

Control of Organic 

Solvent Emissions from Manufacturers of Synthesized Pharmaceutical Products.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 26 is approved with 

the exception of section 26.8.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision, and section 26.2.3 which was not 

submitted as part of the SIP revision. 

Air Pollution Control 

Regulation 27.

Control of Nitrogen 

Oxide Emissions.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 27 is approved with 

the exception of section 27.7.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision. 


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47714 Federal Register / Vol. 81, No. 141 / Friday, July 22, 2016 / Rules and Regulations 

EPA-APPROVED RHODE ISLAND REGULATIONS—Continued 

State citation Title/subject State effective 

date EPA approval date Explanations 

*******

Air Pollution Control 

Regulation 30.

Control of Volatile 

Organic Compounds from 

Automobile Refinishing Operations.

7/19/2007 ................................ All of Air Pollution Control Regulation 30 is approved with 

the exception of section 30.9.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision, and section 30.2.2 which was not 

submitted as part of the SIP revision. 

*******

Air Pollution Control 

Regulation 32.

Control of Volatile 

Organic Compounds from Marine Vessel Loading Operations.

7/19/2007 ................................ All of Air Pollution Control Regulation 32 is approved with 

the exception of section 32.7.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision, and section 32.2.2 which was not 

submitted as part of the SIP revision. 

*******

Air Pollution Control 

Regulation 35.

Control of Volatile 

Organic Compounds and Volatile Hazardous Air 

Pollutants from 

Wood Product 

Manufacturing 

Operations.

7/19/2007 7/22/2016 [Insert 

Federal Register 

citation].

All of Air Pollution Control Regulation 35 is approved with 

the exception of section 35.9.3 of the General Provisions 

which was formally withdrawn from consideration as part 

of the SIP revision, and section 35.2.3 which was not 

submitted as part of the SIP revision. 

*******

[FR Doc. 2016–17184 Filed 7–21–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 170 

Health Information Technology 

Standards, Implementation 

Specifications, and Certification 

Criteria and Certification Programs for 

Health Information Technology 

CFR Correction 

■ In Title 45 of the Code of Federal 

Regulations, Parts 1 to 199, revised as of 

October 1, 2015, on page 1235, in 

§ 170.102, add, in alphabetical order, 

the definition ‘‘Day or Days means a 

calendar day or calendar days.’’ 

[FR Doc. 2016–17365 Filed 7–21–16; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 365, 381, 383, 390, 391, 

392, 393, 395, and 396 

[Docket No. FMCSA–2016–0091] 

RIN 2126–AB89 

Amendments To Implement Certain 

Provisions of the Fixing America’s 

Surface Transportation Act or ‘‘FAST 

Act’’ 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) adopts, 

as final, certain regulations required by 

the Fixing America’s Surface 

Transportation Act (FAST Act) enacted 

on December 4, 2015. The statutory 

changes went into effect on October 1, 

2015, retroactively, and require that 

FMCSA make conforming changes to its 

regulations to ensure they are current 

and consistent with the statutory 

requirements. Adoption of these rules is 

a nondiscretionary, ministerial action 

that FMCSA may take without issuing a 

notice of proposed rulemaking and 

receiving public comment, in 

accordance with the good cause 

exception available to Federal agencies 

under the Administrative Procedure Act 

(APA). 

DATES: This final rule is effective July 

22, 2016. Petitions for Reconsideration 

must be received by the Agency no later 

than August 22, 2016. 

ADDRESSES: Petitions for reconsideration 

must be submitted to: Administrator, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Sinniger, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; by 

telephone at (202) 493–0908, or by 

electronic mail at kathryn.sinniger@

dot.gov. If you have questions regarding 

the docket, call Docket Services, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Purpose and Summary of the Major 

Provisions 

This rule makes nondiscretionary, 

ministerial changes to FMCSA 

regulations that are required by the 

FAST Act (Pub. L. 114–94, 129 Stat. 

1312, December 4, 2015). The FAST Act 

made several notable changes to the 

authorities implemented by 

requirements in the Code of Federal 

Regulations (CFR). For example, it 

exempts welding trucks used in the 

construction and maintenance of 

pipelines from FMCSA’s regulations. It 

excepts drivers of ready-mixed concrete 

trucks and hi-rail vehicles, as well as 


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