93820 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations 

data shows the bridge has not received 

a request to open during these dates and 

times in the last three years. 

Under this temporary deviation, the 

Long Beach Bridge shall open on signal 

from 5 p.m. on December 23, 2016, to 

7 a.m. on December 26, 2016 and from 

5 p.m. on December 30, 2016, to 7 a.m. 

on January 2, 2017, if at least four-hour 

advance notice is given by calling the 

number posted at the bridge. 

Vessels able to pass under the bridge 

in the closed position may do so at 

anytime. The bridge will not be able to 

immediately open for emergencies and 

there are no alternate routes for vessels 

to pass. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 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. 

Dated: December 19, 2016. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2016–30864 Filed 12–21–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–1038] 

Drawbridge Operation Regulation; 

Harlem River, New York, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the 125 Street 

(Triborough) Bridge across the Harlem 

River, mile 1.3, at New York, New York. 

This deviation is necessary to allow the 

bridge owner to facilitate rehabilitation 

of the mechanical and electrical 

components of the bridge. This 

deviation allows the bridge to remain in 

the closed position for the duration of 

the rehabilitation project. 

DATES: This deviation is effective from 

January 17, 2017 through May 15, 2017. 

ADDRESSES: The docket for this 

deviation, [USCG–2016–1038] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Joe M. Arca, 

Project Officer, First Coast Guard 

District, telephone (212) 514–4336, 

email joe.m.arca@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 125 

Street (Triborough) Bridge, mile 1.3, 

across the Harlem River, has a vertical 

clearance in the closed position of 54 

feet at mean high water and 59 feet at 

mean low water. The existing bridge 

operating regulations are found at 33 

CFR 117.789(b)(1). 

The waterway is transited by 

commercial tugs, barges and 

recreational vessels. There have been no 

requests for bridge openings in the last 

two years. 

The bridge owner, Triborough Bridge 

and Tunnel Authority (TBTA), 

requested a temporary deviation from 

the normal operating schedule to 

facilitate rehabilitation of the 

mechanical and electrical components 

of the bridge. 

Under this temporary deviation, the 

125 Street Bridge may remain in the 

closed position from January 17, 2017 

through May 15, 2017. 

Vessels able to pass through the 

bridge in the closed position may do so 

at any time. The bridge will not be able 

to open for emergencies and there is an 

alternate route for vessels to pass. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notices 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 

known companies of the commercial 

vessels, NYPD, and FDNY in the area 

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: December 15, 2016. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2016–30858 Filed 12–21–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0322; FRL–9955–16– 

Region 9] 

Approval and Limited Approval and 

Limited Disapproval of California State 

Implementation Plan Revisions; Butte 

County Air Quality Management 

District; Stationary Source Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing action on 

three permitting rules submitted as a 

revision to the Butte County Air Quality 

Management District (BCAQMD) 

portion of the California State 

Implementation Plan (SIP). We are 

finalizing a limited approval and 

limited disapproval of one rule; we are 

finalizing approval of two permitting 

rules; and we are deleting ten rules from 

the SIP. These revisions concern the 

District’s New Source Review (NSR) 

permitting program for new and 

modified sources of air pollution. This 

limited disapproval will trigger 

sanctions under CAA section 179 and 

40 CFR 52.31 unless the EPA approves 

subsequent SIP revisions that correct the 

rule deficiencies within 18 months of 

the effective date of the final action. 

DATES: This rule will be effective on 

January 23, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R09–OAR–2016–0322. 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., 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: 

Thien Khoi Nguyen, EPA Region IX, 

(415) 947–4120, nguyen.thien@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 


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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations 93821 

II. EPA Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On August 19, 2016 (81 FR 55402), 

the EPA proposed a limited approval 

and limited disapproval (LA/LD) or a 

full approval (as noted in the table) of 

the following rules that were submitted 

for incorporation into the Butte County 

portion of the California SIP. 

TABLE 1—SUBMITTED NSR RULES

Rule No. Rule title Adopted Submitted Proposed action 

400 ......... Permit Requirements ............................................................................................ 04/24/14 11/06/14 Full Approval. 

401 ......... Permit Exemptions ............................................................................................... 04/24/14 11/06/14 Full Approval. 

432 ......... Federal New Source Review ................................................................................ 04/24/14 11/06/14 LA/LD. 

We proposed a full approval of Rules 

400 and 401 as part of BCAQMD’s 

general NSR permitting program 

because we determined that these rules 

meet the relevant CAA requirements. 

We proposed a limited approval of Rule 

432 because we determined that the rule 

improves the SIP and is largely 

consistent with the relevant CAA 

requirements. We simultaneously 

proposed a limited disapproval of Rule 

432 because we determined that the rule 

does not fully satisfy CAA section 

189(e) requirements for regulation of 

PM2.5 precursors. The rule does not 

specify ammonia as a PM2.5 precursor 

and the demonstration provided by 

Butte County as part of its NSR program 

submittal is not adequate to allow the 

Administrator to determine whether 

potential new major sources and major 

modifications of ammonia emissions 

will or will not contribute significantly 

to PM2.5 levels that exceed the standard 

in the area. We also proposed to remove 

ten existing rules from the SIP, as the 

submitted rules replaced the content of 

these pre-existing rules in the SIP. 

The EPA also proposed to find that it 

is acceptable for BCAQMD to not 

incorporate the NSR Reform provisions 

of 40 CFR 51.165 into its NSR permit 

program because BCAQMD’s permitting 

program will not be any less stringent 

than the federal permitting program. In 

addition, the EPA proposed to find that 

Rules 400, 401 and 432 meet the 

statutory requirements for SIP revisions 

as specified in sections 110(l) and 193 

of the CAA. 

II. EPA Action 

No comments were submitted. 

Therefore, as authorized in sections 

110(k)(3) and 301(a) of the Act, the EPA 

is finalizing approval of Rule 400 and 

Rule 401, and finalizing a limited 

approval and limited disapproval of 

Rule 432 into the BCAQMD portion of 

the California SIP. This action will 

incorporate the submitted rules into the 

SIP, including those provisions 

identified as deficient. The approval of 

Rule 432 is limited because the EPA is 

simultaneously finalizing a limited 

disapproval of Rule 432 under section 

110(k)(3). This limited disapproval will 

trigger sanctions under CAA section 179 

and 40 CFR 52.31 unless the EPA 

approves subsequent SIP revisions that 

correct the rule deficiencies within 18 

months of the effective date of the final 

action. 

Note that Rule 432 has been adopted 

by the BCAQMD, and the EPA’s final 

limited disapproval will not prevent the 

local agency from enforcing it. The 

limited disapproval also will not 

prevent any portion of the rule from 

being incorporated by reference into the 

federally enforceable SIP as discussed in 

a July 9, 1992 EPA memo found at: 

http://www.epa.gov/nsr/ttnnsr01/gen/ 

pdf/memo-s.pdf. 

In addition, because we are finalizing 

our proposed action, we are removing 

existing Rules 4–4, 401, 402, 403, 405, 

406, 407, 420, 421 and 424 from the 

Butte County portion of the California 

SIP. 

III. 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 the 

BCAQMD rules 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 www.regulations.gov and in 

hard copy at the U.S. Environmental 

Protection Agency, Region IX (Air–3), 

75 Hawthorne Street, San Francisco, CA 

94105–3901. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the SIP is not 

approved to apply on any Indian 


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93822 Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 February 21, 

2017. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, 

New Source Review, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: October 31, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52 [AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (b)(15), 

(c)(168)(i)(A)(8) and (9), (c)(222)(i)(E)(2), 

and (c)(457)(i)(C)(2), (3) and (4) to read 

as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(b) * * * 

(15) Butte County Air Quality 

Management District. 

(i) Previously approved on May 31, 

1972 in paragraph (b) of this section and 

now deleted with replacement 

paragraphs (c)(457)(i)(C)(2) and (3), 

respectively: Rule 405 ‘‘Permit 

Conditions’’ and Rule 04–04 

‘‘Exemptions from Permit 

Requirements.’’ 

(c) * * * 

(168) * * * 

(i) * * * 

(A) * * * 

(8) Previously approved on February 

3, 1987 in paragraph (c)(168)(i)(A)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(457)(i)(C)(2): Rule 401 ‘‘General 

Requirements,’’ Rule 402 ‘‘Authority to 

Construct,’’ Rule 406 ‘‘Emission 

Calculations,’’ Rule 407 ‘‘Anniversary 

Date,’’ Rule 420 ‘‘Standards for Granting 

Applications,’’ and Rule 421 

‘‘Conditional Approval’’. 

(9) Previously approved on May 2, 

2001 in paragraph (c)(168)(i)(A)(4) of 

this section and now deleted with 

replacement in paragraph 

(c)(457)(i)(C)(2): Rule 424 ‘‘State 

Implementation Plan.’’ 

* * * * * 

(222) * * * 

(i) * * * 

(E) * * * 

(2) Previously approved on May 2, 

2001 in paragraph (c)(222)(i)(E)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(457)(i)(C)(2): Rule 403 ‘‘Permit to 

Operate.’’ 

* * * * * 

(457) * * * 

(i) * * * 

(C) * * * 

(2) Rule 400, ‘‘Permit Requirements,’’ 

amended on April 24, 2014. 

(3) Rule 401, ‘‘Permit Exemptions,’’ 

amended on April 24, 2014. 

(4) Rule 432, ‘‘Federal New Source 

Review,’’ amended on April 24, 2014. 

* * * * * 

[FR Doc. 2016–30644 Filed 12–21–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0421; FRL–9957–09– 

Region 4] 

Air Plan Approval; Mississippi; 

Interstate Transport (Prongs 1 and 2) 

for the 2010 1-Hour NO2 Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Mississippi State Implementation 

Plan (SIP), submitted by the Mississippi 

Department of Environmental Quality, 

on May 23, 2016, addressing the Clean 

Air Act (CAA or Act) interstate transport 

(prongs 1 and 2) infrastructure SIP 

requirements for the 2010 1-hour 

Nitrogen Dioxide (NO2) 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, commonly 

referred to as an ‘‘infrastructure SIP.’’ 

Specifically, EPA is approving 

Mississippi’s May 23, 2016, SIP 

submission addressing prongs 1 and 2, 


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