59486 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that will prohibit entry within 

1000 yards of the Caribbean Fantasy due 

to an imminent fire on board. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add a temporary § 165.T07–0832 to 

read as follows: 

§ 165.T07–0832 Safety Zone; Caribbean 

Fantasy, Vessel on Fire; Punta Salinas, Toa 

Baja, Puerto Rico. 

(a) Regulated area. The following area 

is a safety zone: all waters within 1,000 

yard radius from the Caribbean Fantasy, 

located in Punta Salinas, Toa Baja, 

Puerto Rico. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Jacksonville in the 

enforcement of the regulated area. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this safety zone is prohibited unless 

specifically authorized by the Captain of 

the Port San Juan or a designated 

representative. 

(2) Persons or vessels desiring enter 

into, pass through, or operate on the 

waters within this zone, must request 

permission from the Captain of the Port 

San Juan or a designated representative. 

They may be contacted on VHF–FM 

Channel 16 or by telephone at (787) 

289–2041. 

(3) If permission is granted, all 

persons and vessels shall comply with 

any specific instructions of the Captain 

of the Port San Juan or designated 

representative, while transiting through 

the zone. 

(d) Informational broadcasts. The 

Coast Guard will provide notice of the 

regulated area by Broadcast Notices to 

Mariners and on-scene designated 

representatives. 

(e) Enforcement period. This safety 

zone will be enforced from 3 p.m. on 

August 17, 2016 through 11:59 p.m. on 

August 31, 2016. 

Dated: August 17, 2016. 

R.W. Warren, 

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

Port San Juan. 

[FR Doc. 2016–20856 Filed 8–29–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0054; FRL–9951–22– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Control of Emissions From 

Various Processes and Fuel-Burning 

Equipment From Kraft Pulp Mills 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is granting conditional 

approval of a state implementation plan 

(SIP) revision submitted by the 

Maryland Department of the 

Environment (MDE). The revisions adds 

and amends regulations in the SIP 

which control emissions from various 

processes and fuel-burning equipment 

at Kraft pulp mills. The SIP revision 

includes the following: a new definition 

for ‘‘NOX Ozone Season Allowance;’’ a 

new regulation with nitrogen oxides 

(NOX) limits for fuel-burning equipment 

located at Kraft pulp mills; a removal 

and relocation of existing NOX

reasonably available control technology 

(RACT) requirements for Kraft pulp 

mills into another Maryland regulation; 

and a revised regulation which clarifies 

the volatile organic compound (VOC) 

control system and emission 

requirements for several process 

installations at Kraft pulp mills. EPA is 

granting conditional approval because 

the new Maryland definition references 

the defunct Clean Air Interstate Rule 

(CAIR) and because MDE provided a 

commitment to remove all references to 

CAIR within the definition of ‘‘NOX

Ozone Season Allowance’’ and submit a 

revised definition as a new SIP revision, 

no later than a year from EPA finalizing 

this conditional approval. Upon timely 

meeting of this commitment, EPA will 

propose to convert the conditional 

approval of the SIP revision to a final, 

full approval. This action is being taken 

under the Clean Air Act (CAA). 

DATES: This final rule is effective on 

September 29, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R03–OAR–2016–0054. 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., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 59487 

1 62 FR 27968 (May 22, 1997). 

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: 

Gregory Becoat, (215) 814 2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 20, 2016 (81 FR 31887), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. In the NPR, EPA proposed to 

grant conditional approval of revisions 

to regulations in Maryland’s SIP which 

control emissions from various 

processes and fuel-burning equipment 

at Kraft pulp mills. The formal SIP 

revision (14–04) was submitted by MDE 

on October 15, 2014. 

II. Summary of SIP Revision 

MDE’s SIP revision adds and amends 

regulations in order to control emissions 

from various processes and fuel-burning 

equipment at Kraft pulp mills. The SIP 

revision adds a definition for ‘‘NOX

Ozone Season Allowance’’ and 

establishes applicability, compliance 

requirements, monitoring and reporting 

requirements, allowances, and NOX

emission standards and limits for Kraft 

pulp mills. The SIP revision also 

removes subsection (C)(h) of the Code of 

Maryland Regulations (COMAR) 

26.11.09.08 from the Maryland SIP 

because the NOX requirements for pulp 

mills have been relocated to COMAR 

26.11.14.07. The SIP revision clarifies 

the VOC control system and 

requirements for several process 

installations at Kraft pulp mills. 

Other specific requirements of the SIP 

revision and the rationale for EPA’s 

action to grant conditional approval are 

explained in the NPR and will not be 

restated here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is granting conditional approval 

of Maryland’s October 15, 2014 SIP 

revision concerning the regulations and 

requirements to control NOX and VOC 

emissions from various processes and 

fuel-burning equipment at Kraft pulp 

mills as it strengthens the SIP with 

provisions related to controlling 

emissions of NOX and VOC. The 

conditional approval is contingent upon 

MDE’s September 29, 2015 commitment 

to remove references to the now defunct 

CAIR CAA allowance trading program 

within the definition of ‘‘NOX Ozone 

Season Allowance,’’ at COMAR 

26.11.01.01 and replace with another 

allowance mechanism. Once EPA has 

determined that MDE has satisfied this 

condition and EPA approves the revised 

definition, EPA shall remove the 

conditional nature of its approval and 

this SIP revision will at that time 

receive full approval status. 

IV. Incorporation by Reference 

In this rule, with our conditional 

approval, EPA is finalizing regulatory 

text that includes incorporation by 

reference. In accordance with 

requirements of 1 CFR 51.5, EPA is 

finalizing, with our conditional 

approval, the incorporation by reference 

of revisions to COMAR 26.11.01.01, 

COMAR 26.11.14.07, COMAR 

26.11.09.08, and COMAR 26.11.14.06. 

Therefore, these materials have been 

conditionally 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 (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 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). 

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59488 Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Rules and Regulations 

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 31, 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 pertaining to the 

regulations and requirements for the 

control of emissions from various 

processes and fuel-burning equipment 

from Kraft pulp mills, 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, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 12, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, paragraph (c) table is 

amended by revising the entries for 

‘‘26.11.01.01’’, ‘‘26.11.09.08’’, 

‘‘26.11.14.06’’, and adding in numerical 

order the entry for ‘‘26.11.14.07’’to read 

as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c)* * * 

EPA-APPROVED REGULATIONS, TECHNICAL MEMORANDA, AND STATUTES IN THE MARYLAND SIP 

Code of Maryland Administrative Regulations 

(COMAR) citation 

Title/subject 

State 

effective 

date 

EPA Approval date Additional explanation/citation at 40 CFR 

52.1100 

26.11.01 General Administrative Provisions 

26.11.01.01 .................... Definitions ..................... 03/03/14 08/30/16 ........................ Revised definition of ‘‘NOX Ozone Season Allowance’’ and Conditional Approval of definition of 

‘‘NOX Ozone Season Allowance’’. 

* * * * * * * 

26.11.09 Control of Fuel Burning Equipment, Stationary Internal Combustion Engines, and Certain Fuel-Burning Installations 

*******

26.11.09.08 .................... Control of NOX Emissions for Major Stationary Sources.03/03/14 08/30/16 [Insert Federal 

Register citation].

Removed and relocated existing NOX RACT requirements under COMAR 26.11.14.07. Conditional Approval. 

* * * * * * * 

26.11.14 Control of Emissions From Kraft Pulp Mills 

*******

26.11.14.06. ................... Control of Volatile Organic Compounds.03/03/14 08/30/16 [Insert Federal 

Register citation].

Amended to clarify volatile organic compound 

(VOC) control system and requirements at 

Kraft pulp mills. Conditional Approval. 

26.11.14.07. ................... Control of NOX Emissions from Fuel Burning Equipment.

03/03/14 08/30/16 [Insert Federal 

Register citation].

Regulation Added. Conditional Approval. 

* * * * * * * 

* * * * * 

[FR Doc. 2016–20654 Filed 8–29–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0675; FRL–9951–59– 

Region 4] 

Air Plan Approval; Kentucky; Source 

Specific Revision for Louisville Gas 

and Electric 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Kentucky through its Energy and 

Environment Cabinet, Department of 

Environmental Protection, Division for 

Air Quality (KY DAQ) on February 13, 

2013, for the purpose of establishing 

emission requirements for the 

changeover from coal-fired units U4, U5 

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