This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62303 

Vol. 88, No. 174 

Monday, September 11, 2023 

1The April 1, 2022, submittal transmits several 

changes to other Florida SIP-approved rules. These 

changes are not addressed in this notice and will 

be considered by EPA in separate rulemakings. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2023–0056; FRL–11369– 

01–R4] 

Air Plan Approval; FL; Miscellaneous 

SIP Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

Florida State Implementation Plan (SIP) 

revision, submitted by the State of 

Florida through the Florida Department 

of Environmental Protection (FDEP) on 

April 1, 2022. The SIP revision revises 

multiple stationary source rules in 

Florida’s SIP with substantive and 

minor changes throughout. EPA is 

proposing to approve these changes 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: Comments must be received on 

or before October 11, 2023. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2023–0056 at 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Josue Ortiz Borrero, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

Mr. Ortiz can be reached via phone 

number (404) 562–8085 or via electronic 

mail at ortizborrero.josue@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA is proposing to approve certain 

changes to the Florida SIP that were 

submitted by FDEP on April 1, 2022. 

Specifically, EPA is proposing to 

approve changes to Rules 62–296.414, 

Florida Administrative Code (F.A.C.), 

Concrete Batching Plants; 62–296.415, 

F.A.C., Soil Thermal Treatment 

Facilities; 62–296.418, F.A.C., Bulk 

Gasoline Plants; 62–296.500, F.A.C., 

Reasonably Available Control 

Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) Emitting Facilities; 62–296.501, 

F.A.C., Can Coating; 62–296.502, F.A.C., 

Coil Coating; 62–296.503, F.A.C., Paper 

Coating; 62–296.504, F.A.C., Fabric and 

Vinyl Coating; 62–296.505, F.A.C., 

Metal Furniture Coating; 62–296.506, 

F.A.C., Surface Coating of Large 

Appliances; 62–296.507, F.A.C., Magnet 

Wire Coating; 62–296.508, F.A.C., 

Petroleum Liquid Storage; 62–296.510, 

F.A.C., Bulk Gasoline Terminals; 62– 

296.511, F.A.C., Solvent Metal Cleaning; 

62–296.512, F.A.C., Cutback Asphalt; 

62–296.513, F.A.C., Surface Coating of 

Miscellaneous Metal Parts and 

Products; 62–296.514, F.A.C., Surface 

Coating of Flat Wood Paneling; 62– 

296.515, F.A.C., Graphic Arts Systems; 

and 62–296.516, F.A.C., Petroleum 

Liquid Storage Tanks with External 

Floating Roofs.1

II. EPA’s Analysis of Florida’s April 1, 

2022, SIP Revision 

A. Rule 62–296.414, Concrete Batching 

Plants 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.414, Concrete 

Batching Plants, with one change to a 

cross-reference, several language edits, 

and an adjustment to one timing 

requirement. 

First, the SIP revision changes one 

cross-reference in subparagraph (3)(a) to 

reflect that EPA Method 9 is now found 

in 40 CFR part 60, Appendix A–4. 

Previously, the rule indicated that EPA 

Method 9 could be found in 40 CFR part 

60, Appendix A generally. EPA is 

proposing to approve this change since 

it specifies which section of Appendix 

A houses EPA Method 9. 

The SIP revision also makes several 

language edits. One language change 

eliminates the unnecessary phrase ‘‘new 

and existing’’ from the introductory 

paragraph of the rule to describe 

emissions units. The rule applies to all 

emissions units producing concrete and 

concrete products by batching or mixing 

cement and other materials, and the 

change merely simplifies the text. 

Another edit in subparagraphs (4)(a) and 

(4)(b) changes language to specify that 

visible emissions testing must be 

conducted for ‘‘stack emissions 

referenced in subsection 62–296.414(1), 

F.A.C.’’ rather than ‘‘for each dust 

collector exhaust point.’’ This change 

broadens the scope of the rule by 

requiring visible emissions tests to be 

performed at any emission point on a 

stack that is appropriate per the 

required testing method, rather than 

only at a dust collector exhaust point. 

One last language change in 

subparagraph (4)(b) replaces the word 

‘‘performance’’ with ‘‘visible emissions’’ 

in the phrase ‘‘performance test.’’ This 

change is clarifying in nature as the 

performance test for this rule has always 

been a visible emissions test, so the 

language does not alter any applicable 

requirements. 

Finally, the SIP revision has changed 

a timing requirement that specifies how 

soon a visible emissions test must be 

performed within the commencement of 

initial operation. The SIP revision 

changes the requirement for a visible 

emissions test to be performed within 

30 days of commencing ‘‘initial’’ 

operation to 60 days. FDEP explains that 

it is making this change because it is 


ddrumheller on DSK120RN23PROD with PROPOSALS1
62304 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Proposed Rules 

2See CAA Section 110(l). 

3Rule 62–204.800 adopts and incorporates by 

reference federal rules cited throughout FDEP’s air 

pollution rules. 

4 Dade County was renamed as Miami-Dade 

County in 1997. 

5Orange County has never been designated as 

nonattainment for the 1-hour ozone NAAQS. 

more logistically practicable for a 

subject source to perform the test in 60 

days instead of the first 30 days. EPA 

agrees with the State, does not expect a 

difference in emissions between a test 

result performed within the first 30 days 

in comparison to one performed within 

the second set of 30 days that would 

interfere with any applicable CAA 

requirement, and notes that the 

emissions limitations in paragraphs (1) 

and (2) immediately apply to subject 

sources. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and reasonable further 

progress (RFP) or any other applicable 

requirement of the Act.2 Therefore, EPA 

is proposing to approve the 

aforementioned changes to Rule 62– 

296.414 into the Florida SIP. 

B. Rule 62–296.415, Soil Thermal 

Treatment Facilities 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.415, Soil Thermal 

Treatment Facilities, with two language 

edits, several cross-reference changes, 

and the removal of one obsolete 

compliance date. 

The SIP revision makes two language 

edits to Rule 62–296.415. First, the 

introductory paragraph to the rule has 

been revised to change the word 

‘‘section’’ to ‘‘rule’’ in describing Rule 

62–296.415. EPA is proposing to accept 

this change because it is consistent with 

the nomenclature used in Florida’s 

regulations. Second, Rule 62–296.415 

was revised to eliminate the 

unnecessary phrase ‘‘new, modified, 

and existing’’ because all soil thermal 

treatment facilities covered by the rule 

are either new or existing. Therefore, the 

removal of this phrase merely simplifies 

the text. 

In addition to the language changes, 

Florida has revised the rule to update 

several cross-references. In subsection 

(1)(b) the rule citation for requiring a 

continuous emission monitor was 

changed from ‘‘Rule 62–297.500, 

F.A.C.,’’ to ‘‘Subsection 62–296.415(6), 

F.A.C.,’’ due to the repeal of Rule 62– 

297.500. Because Florida repealed Rule 

62–297.500 and it is not a part of the 

Florida SIP, this cross-reference does 

not function in its current form. The 

new cross-reference is to an applicable 

section within Rule 62–296.415, which 

is a SIP-approved rule. EPA is proposing 

to approve this revision because owners 

and operators of soil thermal treatment 

facilities will now be subject to specific 

continuous emissions monitoring 

requirements for carbon monoxide. The 

SIP revision also revises a crossreference in subsection (4). Specifically, 

the revision changes the applicable rule 

citation for unconfined emissions of soil 

thermal treatment facilities from Rule 

62–296.310 to Rule 62–296.320. Similar 

to the change in subsection (1)(b), this 

cross-referenced rule has been repealed 

and is not a part of the Florida SIP, so 

the cross-reference does not function in 

its current form. The new crossreference is to a SIP-approved rule 

containing the applicable requirements 

for controlling unconfined emissions of 

particulate matter at soil thermal 

treatment facilities. EPA is proposing to 

approve this change because owners 

and operators of soil thermal treatment 

facilities will now be subject to specific 

rules to control unconfined emissions of 

particulate matter. Another change adds 

language to subparagraphs (5)(a)–(5)(c) 

to specify which section in 40 CFR part 

60, Appendix A describes the respective 

federally approved test methods cited in 

each subparagraph. The changes also 

add that the State has adopted and 

incorporated by reference the EPA test 

methods at Rule 62–204.800.3 The new 

reference to Rule 62–204.800 replaces a 

reference to the test methods 

incorporated and adopted by reference 

generally into Chapter 62–297. EPA test 

methods were previously adopted by 

reference in Rule 62–297.401. Rule 62– 

297.401 was repealed from the State 

rules on July 19, 2014, and EPA 

removed it from the SIP on April 2, 

2018. See 83 FR 13875. Because Florida 

repealed Rule 62–297.401 and it is not 

a part of the Florida SIP, this crossreference does not function in its 

current form. The new cross-reference is 

to Rule 62–297.800 which adopts and 

incorporates by reference EPA test 

methods. EPA is proposing to approve 

this revision because owners and 

operators of soil thermal treatment 

facilities will be subject to the 

requirements outlined in applicable 

EPA test methods. EPA proposes to 

accept these changes because they 

correct and specify multiple crossreferences in the rule. 

Finally, the SIP revision eliminates an 

obsolete compliance date in the 

introductory paragraph for Rule 62– 

296.415. Currently, the introductory 

paragraph requires that all facilities 

comply with the requirements in Rule 

62–296.415 by December 1, 1992. Since 

this compliance date has passed, the 

compliance date is obsolete and no 

longer needed in the SIP. All soil 

thermal treatment facilities will still be 

required to comply with the 

requirements in the rule. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.415 into the Florida SIP. 

C. Rule 62–296.418, Bulk Gasoline 

Plants 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.418, Bulk Gasoline 

Plants with one change that specifies 

the counties by name that are subject to 

the rule—Broward, Duval, Hillsborough, 

Miami-Dade, Orange, Palm Beach, and 

Pinellas Counties—instead of referring 

generally to areas designated as air 

quality maintenance areas for ozone 

under Rule 62–204.340. 

Florida has several counties that were 

initially designated as nonattainment for 

the 1-hour ozone NAAQS but are now 

in maintenance. On November 6, 1991, 

EPA designated and classified Broward, 

Dade,4 and Palm Beach counties as 

moderate nonattainment for the 1979 1- 

hour ozone NAAQS; Duval County as 

transitional nonattainment; 

Hillsborough and Pinellas counties as 

marginal nonattainment; and Orange 

County as attainment.5 See 56 FR 56694. 

The State was required to develop and 

submit to EPA plans to attain the 

standard in the nonattainment areas, 

including reasonably available control 

technology (RACT) regulations to 

control ozone for incorporation into the 

Florida SIP. On November 8, 1993, 

Florida submitted to EPA an ozone 

redesignation request and maintenance 

plan for Broward, Dade, Palm Beach, 

and Duval Counties. EPA approved 

Florida’s maintenance plan and request 

to redesignate Broward, Dade, and Palm 

Beach counties to attainment for the 1- 

hour ozone NAAQS, effective April 25, 

1995, and Duval County to attainment 

for the 1-hour ozone NAAQS, effective 

March 6, 1995. See 60 FR 10325 

(February 24, 1995). On December 7, 

1995, EPA approved Florida’s request to 

redesignate Hillsborough and Pinellas 

counties to attainment for the 1-hour 

ozone NAAQS. See 60 FR 62748. 

Currently, the Rule applies to those 

counties that were designated as 

maintenance areas for ozone under SIPapproved Rule 62–204.340, Designation 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Proposed Rules 62305 

6 If an area in Florida is designated nonattainment 

and classified as moderate or higher for an ozone 

NAAQS in the future, Florida would be required to 

submit a plan to attain the NAAQS, and only then 

would need to revise this rule to possibly include 

other counties that would be subject to the RACT 

requirements in the rule. 

7See footnote 6. 

8See Rules 62–210.310(1)(a)(2) and 62– 

210.310(3)(n) in the Florida SIP. 

9See email from Preston McLane, Florida 

Department of Environmental Protection, to Brad 

Akers, EPA Region 4 (August 23, 2023), available 

in the docket for this proposed rulemaking. 

of Attainment, Nonattainment, and 

Maintenance Areas. Rule 62–204.340 

lists Orange County, Duval County, the 

area consisting of Broward, Dade, and 

Palm Beach Counties, and the area 

consisting of Hillsborough and Pinellas 

Counties as maintenance areas for 

ozone. The SIP revision replaces the 

language referring to those areas listed 

under Rule 62–204.340 with a listing of 

the applicable counties in each of the 

listed maintenance areas under Rule 62– 

204.340.6

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.418 into the Florida SIP. 

D. Rule 62–296.500, Reasonably 

Available Control Technology (RACT)— 

Volatile Organic Compounds (VOC) and 

Nitrogen Oxides (NOX) Emitting 

Facilities 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.500, Reasonably 

Available Control Technology (RACT)— 

Volatile Organic Compounds (VOC) and 

Nitrogen Oxides (NOX) Emitting 

Facilities, with one language edit, a 

specification as to what facilities the 

rule applies to, several changes to crossreferences, and one additional 

exemption. 

First, the language change to Rule 62– 

296.500 revises both subparagraphs 

(1)(b) and (2)(c) to change the word 

‘‘section’’ to ‘‘rule’’ in describing Rule 

62–296.500. EPA is proposing to accept 

this change because it is consistent with 

the nomenclature used in Florida’s 

regulations. 

The SIP revision also makes a change 

that clarifies which facilities the rule 

applies to. The current SIP-approved 

rule states in subparagraph (1)(a) that 

the rule applies to ‘‘existing VOCemitting facilities’’ and ‘‘new and 

modified VOC-emitting facilities’’ in 

those ‘‘areas designated as air quality 

maintenance areas for ozone under Rule 

62–204.340, F.A.C.’’ The SIP revision 

removes this language and instead states 

that the rule applies to ‘‘each stationary 

VOC-emitting stationary emissions unit 

in Broward, Duval, Hillsborough, 

Miami-Date, Orange, Palm Beach, or 

Pinellas County . . .’’ EPA is proposing 

to approve this change because the 

specific counties listed in the revision 

are the same as those listed as ozone 

maintenance areas in the SIP-approved 

version of Rule 62–204.340.7

In addition to the above-described 

changes, Florida has revised the rule to 

update several cross-references. First, 

subparagraphs (1)(a) and (1)(b) are 

revised to add the phrases ‘‘Prevention 

of Significant Deterioration review or 

Preconstruction Review for 

Nonattainment Areas’’ for the currently 

SIP-approved cross-references to 40 CFR 

52.21, Rule 62–212.400, and Rule 62– 

212.500. The SIP revision also adds the 

phrase ‘‘as adopted and incorporated by 

reference in Rule 62–204.800, F.A.C.’’ 

after the reference to 40 CFR 52.21. The 

SIP revision also identifies the 

December 1984 date for the existing 

cross-reference to EPA document 

number 450/3–84–019 in subparagraph 

(2)(b)4., which explains what form a 

manufacturer’s certification of the 

coating composition must be in, and 

states that this version is ‘‘herein 

adopted and incorporated by reference.’’ 

EPA proposes to accept these changes as 

they add more identifying information 

to currently SIP-approved crossreferences and incorporate by reference 

an EPA document that was already 

referenced in the Rule. 

Finally, subparagraph (2)(a) is revised 

to exempt emissions units operating 

under an Air General Permit pursuant to 

Rule 62–210.310 from the requirement 

to obtain separate permits to construct 

or operate pursuant to this paragraph. 

Although these emission units would 

not be required to obtain any additional 

permits under paragraph (2)(a), they 

would still be subject to applicable 

emission limits and other requirements 

in Rules 62–296.501 through 62.296.516 

and 62–296.570 (i.e., the permitting 

exemption would not change the 

requirement for owners and operators of 

these facilities to comply with 

applicable RACT requirements under 

these rules).8 9

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.500 into the Florida SIP. 

E. Rules 62–296.501, Can Coating; 62– 

296.502, Coil Coating; 62–296.503, 

Paper Coating; 62–296.504, Fabric and 

Vinyl Coating; 62–296.505, Metal 

Furniture Coating; 62–296.506, Surface 

Coating of Large Appliances; and 62– 

296.507, Magnet Wire Coating 

Florida’s April 1, 2022, SIP revision 

updates Rules 62–296.501, Can Coating; 

62–296.502, Coil Coating; 62–296.503, 

Paper Coating; 62–296.504, Fabric and 

Vinyl Coating; 62–296.505, Metal 

Furniture Coating; 62–296.506, Surface 

Coating of Large Appliances; and 62– 

296.507, Magnet Wire Coating with 

identical changes to cross-references in 

their respective rules. 

The SIP revision updates four crossreferences in each of the cited rules. 

First, subparagraph (4)(a) of each rule 

has been revised to add the following 

language to include a citation to the CFR 

for EPA Method 24: ‘‘as described at 40 

CFR part 60, Appendix A–7, adopted 

and incorporated by reference at Rule 

62–204.800, F.A.C.’’ The new reference 

to Rule 62–204.800 replaces a reference 

to the test methods incorporated and 

adopted by reference generally in 

Chapter 62–297. EPA test methods were 

previously adopted by reference in Rule 

62–297.401. As mentioned previously, 

Rule 62–297.401 was repealed from the 

State rules on July 19, 2014, and EPA 

removed it from the SIP on April 2, 

2018. See 83 FR 13875. Because Florida 

repealed Rule 62–297.401 and it is not 

a part of the Florida SIP, this crossreference does not function in its 

current form. The new cross-reference is 

to Rule 62–297.800 which adopts and 

incorporates by reference EPA test 

methods. EPA is proposing to approve 

this revision because owners and 

operators of each of the respective 

facilities will be subject to the 

requirements outlined in applicable 

EPA test methods. Further, 

subparagraph (4)(a) has also been 

revised in each rule to include the full 

title for EPA document 450/3–84–019, 

the location of the document on the 

Florida Department of State’s website, 

and a statement that the document is 

adopted and incorporated by reference 

in the rule: ‘‘Procedures for Certifying 

Quantity of Volatile Organic 

Compounds Emitted by Paint, Ink, and 

Other Coatings (http://www.flrules.org/ 

Gateway/reference.asp?No=Ref-04298), 

hereby adopted and incorporated by 

reference.’’ Next, subparagraph (4)(b) of 

each rule has been revised to add the 

following language that includes a 

citation to the CFR for EPA Method 25 

and identifies the rule that adopts and 

incorporates by reference that test 

method: ‘‘as described at 40 CFR part 


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62306 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Proposed Rules 

60, Appendix A–7, adopted and 

incorporated by reference at Rule 62– 

204.800, F.A.C.’’ Further, subparagraph 

(4)(b) has also been revised in each rule 

to include the full title of EPA 

document 450/2–78–041: ‘‘Alternate 

Test Method for Direct Measurement of 

Total Gaseous Organic Compounds 

Using a Flame Ionization Analyzer.’’ 

Finally, the revision revises 

subparagraph (4)(b)(2) in every rule to 

update the cross-reference for the 

specified test method for volatile 

organic compounds from Rule 62– 

297.440(7) to Rule 62–297.450. Rule 62– 

297.440(7) was repealed from the State 

rules on July 10, 2014, and EPA 

removed it from the Florida SIP on 

April 2, 2018. See 83 FR 13875. Because 

Florida repealed Rule 62–297.440(7) 

and it is not a part of the Florida SIP, 

this cross-reference does not function in 

its current form. The new crossreference is to Rule 62–297.450, which 

is a SIP-approved rule. EPA is proposing 

to approve this revision because owners 

and operators of each of the respective 

facilities will now be subject to specific 

VOC capture efficiency test procedures. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rules 

62–296.501, Can Coating; 62–296.502, 

Coil Coating; 62–296.503, Paper 

Coating; 62–296.504, Fabric and Vinyl 

Coating; 62–296.505, Metal Furniture 

Coating; 62–296.506, Surface Coating of 

Large Appliances; and 62–296.507, 

Magnet Wire Coating into the Florida 

SIP. 

F. Rule 62–296.508, Petroleum Liquid 

Storage 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.508, Petroleum 

Liquid Storage, with one language 

change and several changes to crossreferences. 

First, the language change to Rule 62– 

296.508 revises paragraph (3) to change 

the word ‘‘section’’ to ‘‘rule’’ in 

describing Rule 62–296.508. EPA is 

proposing to accept this change because 

it is consistent with the nomenclature 

used in Florida’s regulations. 

The SIP revision also updates several 

cross-references in the rule. First, 

subparagraph (3)(b) has been revised to 

add the following language that now 

includes a citation to the CFR for EPA 

Method 25, and identifies the State rule 

that adopts and incorporates by 

reference that test method: ‘‘as 

described at 40 CFR part 60, Appendix 

A–7, adopted and incorporated by 

reference at Rule 62–204.800, F.A.C.’’ 

Further, subparagraph (3)(b) has also 

been revised to include the full title of 

EPA document 450/2–78–041: 

‘‘Alternate Test Method for Direct 

Measurement of Total Gaseous Organic 

Compounds Using a Flame Ionization 

Analyzer.’’ Finally, the revision revises 

subparagraph (4)(b)(2) to update the 

cross-reference for the specified test 

method for volatile organic compounds 

from Rule 62–297.440(7) to Rule 62– 

297.450. As mentioned in Section II.E, 

Rule 62–297.440(7) was repealed from 

the State rules on July 10, 2014, and 

EPA removed it from the Florida SIP on 

April 2, 2018. See 83 FR 13875. Because 

Florida repealed Rule 62–297.440(7) 

and it is not a part of the Florida SIP, 

this cross-reference does not function in 

its current form. The new crossreference is to Rule 62–297.450, which 

is a SIP-approved rule. EPA is proposing 

to approve this revision because owners 

and operators of each of the respective 

facilities will now be subject to specific 

VOC capture efficiency test procedures. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.508 into the Florida SIP. 

G. Rule 62–296.510, Bulk Gasoline 

Terminals 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.510, Bulk Gasoline 

Terminals to revise several crossreferences. 

The SIP revision revises crossreferences in two subparagraphs. First, 

subparagraph (4)(a) has been revised to 

add the following language that now 

includes a citation to the CFR for EPA 

Methods 2A and 2B: ‘‘as described at 40 

CFR part 60, Appendix A–1.’’ Further, 

the following language has been added 

to the same subparagraph to include a 

citation to the CFR for EPA Methods 

25A and 25B: ‘‘as described at 40 CFR 

part 60, Appendix A–7.’’ Florida also 

changes subparagraph (4)(a) to state that 

EPA Methods 2A, 2B, 25A, and 25B 

have been ‘‘adopted and incorporated 

by reference at Rule 62–204.800, F.A.C.’’ 

Second, subparagraph (4)(b) has been 

revised to add the following language 

that now includes a citation to the CFR 

for EPA Methods 21 and 27: ‘‘as 

described at 40 CFR part 60, Appendix 

A–7; and EPA Method 27, as described 

at 40 CFR part 60, Appendix A–8.’’ 

Similar to the change in subparagraph 

(4)(a), Florida adds language noting that 

EPA Methods 21 and 27 have also been 

‘‘adopted and incorporated by reference 

at Rule 62–204.800.’’ The new reference 

to Rule 62–204.800 replaces a reference 

to the test methods incorporated and 

adopted by reference generally in 

Chapter 62–297. EPA test methods were 

previously adopted by reference in Rule 

62–297.401. As mentioned previously, 

Rule 62–297.401 was repealed from the 

State rules on July 19, 2014, and EPA 

removed it from the SIP on April 2, 

2018. See 83 FR 13875. Because Florida 

repealed Rule 62–297.401 and it is not 

a part of the Florida SIP, this crossreference does not function in its 

current form. The new cross-reference is 

to Rule 62–297.800 which adopts and 

incorporates by reference EPA test 

methods. EPA is proposing to approve 

this revision because owners and 

operators of bulk gasoline terminals will 

now be subject to the requirements 

outlined in applicable EPA test 

methods. EPA proposes to accept these 

changes because they do not alter any 

requirements and they add more 

identifying information to already SIPapproved test methods. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.510 into the Florida SIP. 

H. Rule 62–296.511, F.A.C., Solvent 

Metal Cleaning 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.511, Solvent Metal 

Cleaning, by revising several crossreferences and making one language 

edit. 

First, the SIP revision updates several 

cross-references. In subparagraph(1)(a), 

Florida has revised the language to state 

that 40 CFR part 63, subpart T, is 

adopted and incorporated by reference 

in Rule 62–204.800 rather than in Rule 

62–204.800(9). This edit provides a 

correction as the incorporation by 

reference of 40 CFR part 63, subpart T 

does not exist in 62–204.800(9) but does 

in 62–204.800 generally. Second, 

subparagraph (5)(a) has been revised to 

add the following language that now 

includes a citation to the CFR for EPA 

Method 21 and identifies the State rule 

that adopts and incorporates by 

reference that test method: ‘‘as 

described at 40 CFR part 60, Appendix 

A–7, adopted and incorporated by 

reference at Rule 62–204.800.’’ The new 

reference to Rule 62–204.800 replaces a 

reference to the test methods 

incorporated and adopted by reference 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Proposed Rules 62307 

generally in Chapter 62–297. EPA test 

methods were previously adopted by 

reference in Rule 62–297.401. As 

mentioned previously, Rule 62–297.401 

was repealed from the State rules on 

July 19, 2014, and EPA removed it from 

the SIP on April 2, 2018. See 83 FR 

13875. Because Florida repealed Rule 

62–297.401 and it is not a part of the 

Florida SIP, this cross-reference does 

not function in its current form. The 

new cross-reference is to Rule 62– 

297.800 which adopts and incorporates 

by reference EPA test methods. EPA is 

proposing to approve this revision 

because owners and operators of solvent 

metal cleaning facilities will be subject 

to the requirements outlined in 

applicable EPA test methods. 

Subparagraph (5)(b) has also been 

revised by adding the following 

language that now includes a citation to 

the CFR for EPA Method 25, and 

identifies the State rule that adopts and 

incorporates by reference that test 

method: ‘‘as described at 40 CFR part 

60, Appendix A–7, adopted and 

incorporated by reference at Rule 62– 

204.800, F.A.C.’’ Further, the same 

subparagraph is revised to include the 

full title of EPA document 450/2–78– 

041: ‘‘Alternate Test Method for Direct 

Measurement of Total Gaseous Organic 

Compounds Using a Flame Ionization 

Analyzer.’’ Finally, the revision revises 

subparagraph (5)(c) to update the crossreference for the specified test method 

for volatile organic compounds from 

Rule 62–297.440(7) to Rule 62–297.450. 

As mentioned in Section II.E, Rule 62– 

297.440(7) was repealed from the State 

rules on July 10, 2014, and EPA 

removed it from the Florida SIP on 

April 2, 2018. See 83 FR 13875. Because 

Florida repealed Rule 62–297.440(7) 

and it is not a part of the Florida SIP, 

this cross-reference does not function in 

its current form. The new crossreference is to Rule 62–297.450, which 

is a SIP-approved rule. EPA is proposing 

to approve this revision because owners 

and operators of each of the respective 

facilities will now be subject to specific 

VOC capture efficiency test procedures. 

Lastly, the SIP revision makes one 

language edit in subparagraph (1)(a). 

The edit removes the unnecessary 

phrase ‘‘new and existing’’ because all 

applicable facilities are either new or 

existing. Since the removal of this 

phrase does not alter the applicability of 

the rule, EPA finds this change 

acceptable. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.511 into the Florida SIP. 

I. Rule 62–296.512, Cutback Asphalt 

Florida’s April 1, 2022, SIP revision 

updates Rule 62–296.512, Cutback 

Asphalt, with one language edit and the 

removal of a subsection that was never 

applicable to the rule. 

First, the language edit revises 

paragraph (1) to make a minor wording 

change from ‘‘emission limiting 

standard or control technology’’ to 

‘‘emission limiting control standards,’’ 

in describing the provisions in 

subsection 62–296.512(2). EPA approves 

of this change because paragraph 62– 

296.512(2) is titled ‘‘Control Standards’’ 

and only contains control standards. 

Second, the SIP revision removes the 

entirety of paragraph (3), ‘‘Test Methods 

and Procedures’’ from the rule. The test 

methods and procedures identified in 

this paragraph are meant to test 

particulate matter emissions. However, 

the rule does not contain a testing 

requirement, and particulate matter is 

not a pollutant that is regulated by this 

rule as the only emission limits 

applicable in this rule are for volatile 

organic compounds. See Rule 62– 

296.500(1)(a). EPA is proposing to 

approve this change because the test 

methods and procedures in paragraph 

(3) are not applicable to Rule 62– 

296.512. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.512, F.A.C. into the Florida SIP. 

J. Rule 62–296.513, Surface Coating of 

Miscellaneous Metal Parts and 

Products, and Rule 62.296.514, Surface 

Coating of Flat Wood Paneling 

Florida’s April 1, 2022, SIP revision 

updates Rules 62.296.513, Surface 

Coating of Miscellaneous Metal Parts 

and Products, and 62.296.514, Surface 

Coating of Flat Wood Paneling with 

identical changes to cross-references in 

the respective rules. 

The SIP revision makes identical 

changes to three separate crossreferences in both rules. First, 

subparagraph (4)(a) of each rule has 

been revised to add the following 

language to include a citation to the CFR 

for EPA Method 24 and identify the 

State rule that adopts and incorporates 

by reference that test method: ‘‘as 

described at 40 CFR part 60, Appendix 

A–7, adopted and incorporated by 

reference at Rule 62–204.800, F.A.C.’’ 

Further, subparagraph (4)(a) has also 

been revised in both rules to include the 

full title of EPA document 450/3–84– 

019, the location of the document on the 

Florida Department of State’s website, 

and a statement that the document is 

adopted and incorporated by reference 

in the rule: ‘‘Procedures for Certifying 

Quantity of Volatile Organic 

Compounds Emitted by Paint, Ink, and 

Other Coatings (http://www.flrules.org/ 

Gateway/reference.asp?No=Ref-04298) 

hereby adopted and incorporated by 

reference.’’ Finally, the SIP revision 

removes the phrase ‘‘incorporated and 

adopted by reference in Chapter 62–297, 

F.A.C’’ from subparagraph (4)(a) in each 

rule given the changes described earlier 

in this paragraph. Second, subparagraph 

(4)(b)(1) in both rules has been revised 

to add the following language after the 

reference to EPA Method 25: ‘‘as 

described at 40 CFR part 60, Appendix 

A–7, adopted and incorporated by 

reference at Rule 62–204.800, F.A.C.’’ 

Further, subparagraph (4)(b)(1) has also 

been revised in both rules to include the 

full title of EPA document 450/2–78– 

041: ‘‘Alternate Test Method for Direct 

Measurement of Total Gaseous Organic 

Compounds Using a Flame Ionization 

Analyzer.’’ Finally, subparagraph 

(4)(b)(2) is updated in both rules to 

update the cross-reference for the 

specified test method for volatile 

organic compounds from Rule 62– 

297.440(7) to Rule 62–297.450. As 

mentioned in Section II.E, Rule 62– 

297.440(7) was repealed from the State 

rules on July 10, 2014, and EPA 

removed it from the Florida SIP on 

April 2, 2018. See 83 FR 13875. Because 

Florida repealed subsection 62– 

297.440(7), and it is not a part of the 

Florida SIP, this cross-reference does 

not function in its current form. The 

new cross-reference is to Rule 62– 

297.450, which is a SIP-approved rule. 

EPA is proposing to approve this 

revision because owners and operators 

of each of the respective facilities will 

now be subject to specific VOC capture 

efficiency test procedures. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS or any other applicable 

requirement of the Act. Therefore, EPA 

is proposing to approve the 

aforementioned changes to Rules 62– 

296.513 and 62–296.514 into the Florida 

SIP. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
62308 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Proposed Rules 

K. Rule 62.296.515, Graphic Arts 

Systems 

Florida’s April 1, 2022, SIP revision 

updates Rule 62.296.515, Graphic Arts 

Systems, to revise several crossreferences. 

The SIP revision revises three crossreferences. First, subparagraph (3)(a) has 

been revised to add the following 

language that now includes a citation to 

the CFR for EPA Methods 24 and 24A 

and identifies the State rule that adopts 

and incorporates by reference those test 

methods: ‘‘as described at 40 CFR part 

60, Appendix A–7, adopted and 

incorporated by reference at Rule 62– 

204.800, F.A.C.’’ Further, subparagraph 

(3)(a) has also been revised to include 

the full title of EPA document 450/3– 

84–019, the location of the document on 

the Florida Department of State’s 

website, and a statement that the 

document is adopted and incorporated 

by reference in the rule: ‘‘Procedures for 

Certifying Quantity of Volatile Organic 

Compounds Emitted by Paint, Ink, and 

Other Coatings (http://www.flrules.org/ 

Gateway/reference.asp?No=Ref-04298) 

hereby adopted and incorporated by 

reference.’’ Finally, the SIP revision 

removes the phrase ‘‘incorporated and 

adopted by reference in Chapter 62–297, 

F.A.C’’ from subparagraph 3(a) given the 

changes described earlier in this 

paragraph. Second, subparagraph 

(3)(b)(1) has been revised to add the 

following language that now includes a 

citation to the CFR for EPA Method 25, 

and identifies the State rule that adopts 

and incorporates by reference that test 

method: ‘‘as described at 40 CFR part 

60, Appendix A–7, adopted and 

incorporated by reference at Rule 62– 

204.800, F.A.C.’’ Further, subparagraph 

(3)(b)(1) has also been revised to include 

the full title of EPA document 450/2– 

78–041: ‘‘Alternate Test Method for 

Direct Measurement of Total Gaseous 

Organic Compounds Using a Flame 

Ionization Analyzer.’’ Finally, 

subparagraph (3)(b)(2) is revised to 

update the cross-reference for the 

specified test method for volatile 

organic compounds from Rule 62– 

297.440(7) to Rule 62–297.450. As 

mentioned in Section II.E, Rule 62– 

297.440(7) was repealed from the State 

rules on July 10, 2014, and EPA 

removed it from the Florida SIP on 

April 2, 2018. See 83 FR 13875. Because 

Florida repealed Rule 62–297.440(7) 

and it is not a part of the Florida SIP, 

this cross-reference does not function in 

its current form. The new crossreference is to Rule 62–297.450, which 

is a SIP-approved rule. EPA is proposing 

to approve this revision because owners 

and operators of each of the respective 

facilities will now be subject to specific 

VOC capture efficiency test procedures. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS or any other applicable 

requirement of the Act. Therefore, EPA 

is proposing to approve the 

aforementioned changes to Rule 62– 

296.515 into the Florida SIP. 

L. Rule 62.296.516, Petroleum Liquid 

Storage Tanks With External Floating 

Roofs 

Florida’s April 1, 2022, SIP revision 

updates Rule 62.296.516, Petroleum 

Liquid Storage Tanks with External 

Floating Roofs, to revise a cross 

reference. Subparagraph (3)(a) has been 

revised to add the following language 

that now includes a citation to the CFR 

for EPA Method 21, and identifies the 

State rule that adopts and incorporates 

by reference that test method: ‘‘as 

described at 40 CFR part 60, Appendix 

A–7, adopted and incorporated by 

reference at Rule 62–204.800, F.A.C.’’ 

Further, the same subparagraph has 

been edited to specify the section in 

EPA document 450/2–78–047, an 

already SIP-approved cross-reference, 

that provides a description of the 

applicable test method: ‘‘as described in 

section 5.2 on p.5–3 . . .’’ EPA proposes 

to approve these changes because they 

do not alter any requirements and they 

add more identifying information to 

already SIP-approved test methods. 

For the reasons discussed above, these 

proposed changes to the SIP would not 

interfere with any applicable 

requirement concerning attainment of 

the NAAQS and RFP or any other 

applicable requirement of the Act. 

Therefore, EPA is proposing to approve 

the aforementioned changes to Rule 62– 

296.516 into the Florida SIP. 

III. Incorporation by Reference 

In this document, EPA is proposing to 

include in a final EPA rule regulatory 

text that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, and as 

discussed in Section II of this preamble, 

EPA is proposing to incorporate by 

reference Rules 62–296.414, Concrete 

Batching Plants; 62–296.415, Soil 

Thermal Treatment Facilities; 62– 

296.418, Bulk Gasoline Plants; 62– 

296.500, Reasonably Available Control 

Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) Emitting Facilities; 62–296.501, 

Can Coating; 62–296.502, Coil Coating; 

62–296.503, Paper Coating; 62–296.504, 

Fabric and Vinyl Coating; 62–296.505, 

Metal Furniture Coating; 62–296.506, 

Surface Coating of Large Appliances; 

62–296.507, Magnet Wire Coating; 62– 

296.508, Petroleum Liquid Storage; 62– 

296.510, Bulk Gasoline Terminals; 62– 

296.511, Solvent Metal Cleaning; 62– 

296.512, Cutback Asphalt; 62–296.513, 

Surface Coating of Miscellaneous Metal 

Parts and Products; 62–296.514, Surface 

Coating of Flat Wood Paneling; 62– 

296.515, Graphic Arts Systems; and 62– 

296.516, Petroleum Liquid Storage 

Tanks with External Floating Roofs. 

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and at the EPA Region 4 Office (please 

contact the person identified in the ‘‘For 

Further Information Contact’’ section of 

this preamble for more information). 

IV. Proposed Action 

EPA is proposing to approve the April 

1, 2022, Florida SIP revision consisting 

of changes to Rules 62–296.414, 

Concrete Batching Plants; 62–296.415, 

Soil Thermal Treatment Facilities; 62– 

296.418, Bulk Gasoline Plants; 62– 

296.500, Reasonably Available Control 

Technology (RACT)—Volatile Organic 

Compounds (VOC) and Nitrogen Oxides 

(NOX) Emitting Facilities; 62–296.501, 

Can Coating; 62–296.502, Coil Coating; 

62–296.503, Paper Coating; 62–296.504, 

Fabric and Vinyl Coating; 62–296.505, 

Metal Furniture Coating; 62–296.506, 

Surface Coating of Large Appliances; 

62–296.507, Magnet Wire Coating; 62– 

296.508, Petroleum Liquid Storage; 62– 

296.510, Bulk Gasoline Terminals; 62– 

296.511, Solvent Metal Cleaning; 62– 

296.512, Cutback Asphalt; 62–296.513, 

Surface Coating of Miscellaneous Metal 

Parts and Products; 62–296.514, Surface 

Coating of Flat Wood Paneling; 62– 

296.515, Graphic Arts Systems; and 62– 

296.516, Petroleum Liquid Storage 

Tanks with External Floating Roofs, 

from the Florida SIP for the reasons 

discussed above. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

See 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 proposed 

action merely proposes to approve State 

law as meeting Federal requirements 

and does not impose additional 

requirements beyond those imposed by 

State law. For that reason, this proposed 

action: 

• Is not a significant regulatory action 

subject to review by the Office of 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Proposed Rules 62309 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• 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 subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• 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. 

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). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ EPA further 

defines the term fair treatment to mean 

that ‘‘no group of people should bear a 

disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The FDEP did not evaluate EJ 

considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this proposed 

action. Due to the nature of the action 

being proposed here, this proposed 

action is expected to have a neutral to 

positive impact on the air quality of the 

affected area. Consideration of EJ is not 

required as part of this proposed action, 

and there is no information in the 

record inconsistent with the stated goal 

of E.O. 12898 of achieving EJ for people 

of color, low-income populations, and 

Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: September 5, 2023. 

Carol Kemker, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2023–19463 Filed 9–8–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

RIN 0648–BL98 

Snapper-Grouper Fishery of the South 

Atlantic Region; Golden Crab Fishery 

of the South Atlantic Region; Dolphin 

and Wahoo Fishery of the Atlantic; 

Acceptable Biological Catch Control 

Rules 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Announcement of availability of 

fishery management plan amendments; 

request for comments. 

SUMMARY: The South Atlantic Fishery 

Management Council has submitted 

amendments to three fishery 

management plans (FMPs) for review, 

approval, and implementation by 

NMFS. If approved by the Secretary of 

Commerce, the amendments would 

revise the FMPs for the SnapperGrouper Fishery and the Golden Crab 

Fishery of the South Atlantic Region, 

and the Dolphin and Wahoo Fishery of 

the Atlantic, referenced here as the 

Acceptable Biological Catch (ABC) 

Control Rule Amendments. The ABC 

Control Rule Amendments would 

modify the ABC control rules, allow 

phase-in of ABC changes, allow for 

some carry-over of an unharvested 

portion of the annual catch limit (ACL) 

to the following fishing year, and 

modify the FMP framework procedures 

to implement carry-overs of ACLs when 

appropriate. The purpose of the ABC 

Control Rule Amendments is to ensure 

catch level recommendations are based 

on the best scientific information 

available, prevent overfishing while 

achieving optimum yield, and increase 

flexibility in setting catch limits. 

DATES: Written comments must be 

received no later than November 13, 

2023. 

ADDRESSES: You may submit comments 

on the ABC Control Rule Amendments, 

identified by ‘‘NOAA–NMFS–2023– 

0067,’’ by either of the following 

methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

‘‘NOAA–NMFS–2023–0067’’ in the 

Search box. Click the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Nikhil Mehta, NMFS Southeast Regional 

Office, 263 13th Avenue South, St. 

Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on https://www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments—enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous. 

An electronic copy of the ABC 

Control Rule Amendments, which 

includes an environmental assessment, 

a fishery impact statement, and a 

regulatory impact review, may be 

obtained from the NMFS Southeast 

Regional Office website at https://

www.fisheries.noaa.gov/action/ 

comprehensive-acceptable-biologicalVerDate Sep<11>2014 16:06 Sep 08, 2023 Jkt 259001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\11SEP1.SGM 11SEP1

ddrumheller on DSK120RN23PROD with PROPOSALS1