Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations 59139 

interest therein, for any purpose 

authorized by 38 U.S.C., chapter 37. 

* * * * * 

[FR Doc. 2016–20499 Filed 8–26–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2013–0260; A–1–FRL– 

9951–46–Region 1] 

Air Plan Approval; New Hampshire; 

Approval of Single Source Orders 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of New 

Hampshire. The revisions consist of 

single source orders that establish 

reasonably available control technology 

for three sources of volatile organic 

compounds. This action is being taken 

in accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective October 28, 2016, unless EPA 

receives adverse comments by 

September 28, 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–2013–0260 at http://

www.regulations.gov, or via email to 

Anne Arnold at: arnold.anne@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 

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

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Environmental Engineer, 

Air Quality Planning Unit, Air Programs 

Branch (Mail Code OEP05–02), U.S. 

Environmental Protection Agency, 

Region 1, 5 Post Office Square, Suite 

100, Boston, Massachusetts 02109–3912; 

(617) 918–1046; mcconnell.robert@

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. Description and Evaluation of the State’s 

Submittals 

1. Order for Parker-Hannifin Corporation 

2. Order for Textile Tapes Corporation 

3. Order for Watts Regulator Corporation 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

The New Hampshire Department of 

Environmental Services (NH DES) 

submitted to EPA the following three 

single source orders establishing 

reasonably available control technology 

(RACT) for sources of volatile organic 

compounds (VOCs) for incorporation 

into the New Hampshire SIP: RACT 

Order ARD–03–001A, issued to ParkerHannifin Corporation, Chomerics 

Division, located in Hudson, New 

Hampshire, submitted to EPA on 

October 31, 2014; RACT Order ARD– 

96–001, issued to Textile Tapes 

Corporation located in Gonic, New 

Hampshire, submitted to EPA on July 

30, 2015; and RACT Order ARD–07– 

001, issued to Watts Regulator Company 

located in Franklin, New Hampshire, 

submitted to EPA on September 9, 2015. 

A description of these submittals and 

our evaluation of them appears below in 

Section II of this document. 

II. Description and Evaluation of the 

State’s Submittals 

1. Order for Parker-Hannifin 

Corporation 

The Parker-Hannifin Corporation, 

Chomerics Division, located in Hudson, 

New Hampshire, produces coated 

fabrics, films, and other substrates for 

use in the electronics industry. The NH 

DES previously issued VOC RACT 

Order ARD 03–001 to the facility on July 

18, 2002, and EPA approved that order 

into the NH SIP on November 5, 2012. 

See 77 FR 66388. NH DES re-issued the 

order for this facility as ARD 03–001A 

to allow for modifications to monitoring 

requirements, testing frequency, and 

determination of destruction and 

removal efficiency for a catalytic 

oxidizer operated by the facility to 

control air pollution. New Hampshire 

DES determined that these changes were 

appropriate after reviewing the 

performance history of the oxidizer. 

VOC RACT Order ARD 03–001A was 

issued by the NH DES on October 22, 

2014, and establishes enforceable 

requirements the facility must follow in 

order to control VOC emissions at the 

facility. The Order includes 

requirements for periodic monitoring of 

the catalytic oxidizer’s performance, 

recordkeeping requirements, work 

practice standards, and allows the 

facility to generate and use discrete 

emission reduction credits. 

2. Order for Textile Tapes Corporation 

The Textile Tapes Corporation 

operates a fabric coating and hot melt 

coating facility located in Gonic, New 

Hampshire. The NH DES previously 

issued VOC RACT Order ARD–96–001 

to the facility, with a state effective date 

of August 10, 2007, which EPA 

approved into the New Hampshire SIP 

on November 5, 2012. See 77 FR 66388. 

Subsequently, the facility installed a 

new regenerative thermal oxidizer 

(RTO) to replace an existing unit at the 

facility. The updated VOC RACT order 

for the facility, ARD–96–001, as 

amended on July 30, 2015, contains an 

updated operating temperature for the 

new RTO. Additionally, the updated 

VOC RACT order provides a facility 

wide VOC emissions limit of 24.9 tons 

on a 12 month rolling basis, which is a 

decrease from the previous limit of 63.8 

tons. The updated order makes a 

number of editorial changes to reflect 

the current citations for New 

Hampshire’s air pollution control 

regulations, includes requirements for 

monitoring and testing for the RTO, 

includes recordkeeping requirements, 

and allows the facility to generate and 

use discrete emission reduction credits. 

3. Order for Watts Regulator Company 

The Watts Regulator Company 

manufactures equipment for the 

plumbing, heating, and water quality 

industries at a facility located in 

Franklin, New Hampshire. The NH DES 

previously issued VOC RACT Order 

ARD–07–001 to the facility, which was 

then operated under the name Webster 


jstallworth on DSK7TPTVN1PROD with RULES
59140 Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations 

Valve Company, with a state effective 

date of March 21, 2007. EPA approved 

this order into the NH SIP on November 

5, 2012. See 77 FR 66388. NH DES 

amended the order for this facility in 

2015 to reflect the pending applicability 

of a newly adopted state VOC 

regulation, Env-A 1212, Miscellaneous 

Metal and Plastic Parts and Products 

Coating, to coatings used by the facility, 

and to include work practice standards 

to the order. The order includes 

recordkeeping requirements, and allows 

the facility to generate and use discrete 

emission reduction credits. 

EPA agrees with New Hampshire’s 

updated RACT determinations for the 

three sources mentioned above, and is 

therefore removing the existing orders 

for these facilities from the New 

Hampshire SIP and replacing them with 

the updated orders described above. The 

updated orders we are approving are at 

least as stringent as the orders being 

replaced, and therefore meet the antibacksliding requirements of section 

110(l) of the CAA. 

III. Final Action 

EPA is approving, and incorporating 

into the New Hampshire SIP, three 

single source orders that establish 

reasonably available control technology 

for the Parker-Hannifin Corporation, the 

Textile Tapes Corporation, and the 

Watts Regulator Company, and is 

removing previously approved orders 

for these three facilities from the New 

Hampshire SIP. 

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 October 

28, 2016 without further notice unless 

the Agency receives relevant adverse 

comments by September 28, 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 October 28, 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. 

IV. 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 single 

source orders for the Parker Hannifin 

Corporation, Textile Tapes Corporation, 

and Watts Regulator Company, as 

described in the amendments to 40 CFR 

part 52 set forth below. The EPA has 

made, and will continue to make, these 

materials generally available through 

www.regulations.gov, and/or at the EPA 

Region 1 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 

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. Section 804, 

however, exempts from section 801 the 

following types of rules: Rules of 

particular applicability; rules relating to 

agency management or personnel; and 

rules of agency organization, procedure, 

or practice that do not substantially 

affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because 

this is a rule of particular applicability, 

EPA is not required to submit a rule 

report regarding this action under 

section 801. 

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 October 28, 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 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 167 / Monday, August 29, 2016 / Rules and Regulations 59141 

1The Commission established the fee for filing or 

updating OTI license applications electronically in 

2007. 

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, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: August 15, 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—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart EE—New Hampshire 

■ 2. In § 52.1520(d), the table is 

amended by removing existing entries 

for Parker-Hanifan Corporation, Textile 

Tapes Corporation (2 entries), and 

Webster Valve, and adding new entries 

for Parker-Hannifin Corporation, Textile 

Tapes Corporation, and Watts Regulator 

Company to the end of the table to read 

as follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(d) EPA-approved State Source 

specific requirements. 

EPA-APPROVED NEW HAMPSHIRE SOURCE SPECIFIC REQUIREMENTS

Name of source Permit No. State effective 

date EPA approval date 2

Additional 

explanations/ 

§ 52.1535 citation 

*******

Parker-Hannifin Corporation .......................................... ARD 03–001A 10/22/2014 8/29/2016 [Insert Federal 

Register citation].

VOC RACT Order. 

Textile Tapes Corporation ............................................. ARD–96–001 7/30/2015 8/29/2016 [Insert Federal 

Register citation].

VOC RACT Order. 

Watts Regulator Company ............................................. ARD 07–001 8/21/2015 8/29/2016 [Insert Federal 

Register citation].

VOC RACT Order. 

******* 2 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

* * * * * 

[FR Doc. 2016–20538 Filed 8–26–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 502, 503, 515, 520, 530, 

531, 535, 540, 550, 555, and 560 

[Docket No. 16–06] 

RIN 3072–AC34 

Update of Existing and Addition of 

New User Fees 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) is amending 

its user fees to more accurately align 

fees with the costs associated with each 

service provided by the Commission. 

Specifically, the Commission is 

increasing fees for: Filing complaints 

and certain petitions; records searches, 

document copying, and admissions to 

practice; paper filing of ocean 

transportation intermediary (OTI) 

applications; filing applications for 

special permission; and filing 

agreements. 

The Commission is also lowering fees 

for: Reviewing Freedom of Information 

Act (FOIA) requests; revising clerical 

errors on service contracts; revising 

clerical errors on non-vessel-operating 

common carrier (NVOCC) service 

arrangements; and Commission services 

to passenger vessel operators (PVOs). 

In addition, the Commission is 

repealing four existing fees for: Adding 

interested parties to a specific docket 

mailing list; the Regulated Persons 

Index database; database reports on 

Effective Carrier Agreements; and filing 

petitions for rulemaking, and adding a 

new fee for requests for expedited 

review of an agreement filing. 

DATES: Effective October 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001. Phone: (202) 523–5725. 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission’s current user fees are 

based on an assessment of fiscal year 

2004 costs and have not been updated 

since 2005.1 Consequently, many of the 

current user fees no longer represent the 

Commission’s actual costs for providing 

services. The Commission is adjusting 

its user fees based on fiscal year 2015 

costs assessed through a new 

methodology for calculating costs for 

services provided by the Commission. 

The Independent Offices 

Appropriation Act of 1952 (IOAA), 31 

U.S.C. 9701, authorizes agencies to 

establish charges (user fees) for services 

and benefits that it provides to specific 

recipients. Under the IOAA, charges 

must be fair and based on the costs to 

the Government, the value of the service 

or thing to the recipient, the public 

policy or interest served, and other 

relevant facts. The IOAA also provides 

that regulations implementing user fees 

are subject to policies prescribed by the 

President, which are currently set forth 

in OMB Circular A–25, User Charges 

(revised July 8, 1993). 

OMB Circular A–25 requires agencies 

to conduct a periodic reassessment of 

costs and, if necessary, adjust or 

establish new fees. Under OMB Circular 

A–25, fees should be established for 

Government-provided services that 

confer benefits on identifiable recipients 

over and above those benefits received 

by the general public. OMB Circular A– 

25 also provides that agencies should 


jstallworth on DSK7TPTVN1PROD with RULES