60890 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Rules and Regulations 

OFFICE OF FOREIGN ASSETS CONTROL 

Executive Order 13959 of November 12, 2020 

Addressing the Threat From Securities 

Investments That Finance Communist 

Chinese Military Companies, as Amended 

GENERAL LICENSE NO. 1A 

Authorizing Transactions Involving 

Securities of Certain Communist Chinese 

Military Companies 

(a) Except as provided in paragraph (b) of 

this general license, all transactions and 

activities prohibited by section 1(a) of 

Executive Order (E.O.) 13959, as amended by 

E.O. 13974 of January 13, 2021, involving 

publicly traded securities, or any securities 

that are derivative of, or are designed to 

provide investment exposure to such 

securities, of an entity whose name closely 

matches, but does not exactly match, the 

name of a Communist Chinese military 

company as defined by section 4(a) of E.O. 

13959, as amended, are authorized through 

9:30 a.m. eastern daylight time, May 27, 

2021. 

(b) This general license does not authorize: 

(1) Any transactions or activities involving 

publicly traded securities, or any securities 

that are derivative of, or are designed to 

provide investment exposure to such 

securities, of entities identified in the Office 

of Foreign Assets Control’s Non-SDN 

Communist Chinese Military Companies List 

(NS–CCMC List) pursuant to section 4(a)(iii) 

of E.O. 13959, as amended, as a subsidiary 

of a person determined to be a Communist 

Chinese military company, including entities 

added to the NS–CCMC List on January 8, 

2021 (CNOOC Limited, China Mobile 

Limited, China Telecom Corporation 

Limited, China Unicom (Hong Kong) 

Limited). 

Note to paragraph (b)(1): Pursuant to 

section 1(a)(ii) of E.O. 13959, as amended, 

prohibitions relevant to entities identified in 

the NS–CCMC List pursuant to section 

4(a)(iii) of E.O. 13959, as amended, including 

entities added to the NS–CCMC List on 

January 8, 2021 (CNOOC Limited, China 

Mobile Limited, China Telecom Corporation 

Limited, China Unicom (Hong Kong) 

Limited), take effect beginning 9:30 a.m. 

eastern time on the date that is 60 days after 

such listing. 

(2) Any transactions or activities otherwise 

prohibited by E.O. 13959, as amended, any 

other E.O. or statute, or any part of 31 CFR 

chapter V. 

(c) Effective January 27, 2021, General 

License No. 1, dated January 8, 2021, is 

replaced and superseded in its entirety by 

this General License No. 1A. 

Bradley T. Smith, 

Acting Director, Office of Foreign Assets 

Control. 

Dated: January 26, 2021. 

OFFICE OF FOREIGN ASSETS CONTROL 

Executive Order 13959 of November 12, 2020 

Addressing the Threat From Securities 

Investments That Finance Communist 

Chinese Military Companies, as Amended 

GENERAL LICENSE NO. 1B 

Authorizing Transactions Involving 

Securities of Certain Communist Chinese 

Military Companies 

(a) Except as provided in paragraph (b) of 

this general license, all transactions and 

activities prohibited by section 1(a) of 

Executive Order (E.O.) 13959, as amended by 

E.O. 13974 of January 13, 2021, involving 

publicly traded securities, or any securities 

that are derivative of, or are designed to 

provide investment exposure to such 

securities, of an entity whose name closely 

matches, but does not exactly match, the 

name of a Communist Chinese military 

company as defined by section 4(a) of E.O. 

13959, as amended, are authorized through 

9:30 a.m. eastern daylight time, June 11, 

2021. 

(b) This general license does not authorize: 

(1) Any transactions or activities involving 

publicly traded securities, or any securities 

that are derivative of, or are designed to 

provide investment exposure to such 

securities, of entities identified in the Office 

of Foreign Assets Control’s Non-SDN 

Communist Chinese Military Companies List 

(NS–CCMC List) pursuant to section 4(a)(iii) 

of E.O. 13959, as amended, as a subsidiary 

of a person determined to be a Communist 

Chinese military company, including entities 

added to the NS–CCMC List on January 8, 

2021 (CNOOC Limited, China Mobile 

Limited, China Telecom Corporation 

Limited, China Unicom (Hong Kong) 

Limited). 

Note to paragraph (b)(1): Pursuant to 

section 1(a)(ii) of E.O. 13959, as amended, 

prohibitions relevant to entities identified in 

the NS–CCMC List pursuant to section 

4(a)(iii) of E.O. 13959, as amended, including 

entities added to the NS–CCMC List on 

January 8, 2021 (CNOOC Limited, China 

Mobile Limited, China Telecom Corporation 

Limited, China Unicom (Hong Kong) 

Limited), take effect beginning 9:30 a.m. 

eastern time on the date that is 60 days after 

such listing. 

(2) Any transactions or activities otherwise 

prohibited by E.O. 13959, as amended, any 

other E.O. or statute, or any part of 31 CFR 

chapter V. 

(c) Effective May 18, 2021, General License 

No. 1A, dated January 26, 2021, is replaced 

and superseded in its entirety by this General 

License No. 1B. 

Bradley T. Smith, 

Acting Director, Office of Foreign Assets 

Control. 

Dated: May 18, 2021. 

OFFICE OF FOREIGN ASSETS CONTROL 

Executive Order 13959 of November 12, 2020 

Addressing the Threat From Securities 

Investments That Finance Communist 

Chinese Military Companies, as Amended 

GENERAL LICENSE NO. 2 

Authorizing Securities Exchanges Operated 

by U.S. Persons To Engage in Transactions 

involving Securities of Communist Chinese 

Military Companies 

(a) Except as provided in paragraph (b) of 

this general license, all transactions and 

activities by securities exchanges operated by 

U.S. persons prohibited by section 1(a)(ii) of 

Executive Order (E.O.) 13959, as amended by 

the E.O. of January 13, 2021, involving 

publicly traded securities, or any securities 

that are derivative of, or are designed to 

provide investment exposure to such 

securities, of any entity that is listed on the 

Office of Foreign Assets Control’s Non-SDN 

Communist Chinese Military Companies List 

(NS–CCMC List) after 12:01 a.m. eastern 

standard time, January 14, 2021, are 

authorized through 12:01 a.m. eastern time 

on the date that is 365 days after the date the 

entity is listed on the NS–CCMC List. 

(b) This general license does not authorize 

any transactions or activities otherwise 

prohibited by E.O. 13959, as amended, any 

other E.O. or statute, or any part of 31 CFR 

chapter V. 

Andrea Gacki, 

Director, Office of Foreign Assets Control. 

Dated: January 14, 2021. 

Andrea M. Gacki, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2023–19133 Filed 9–5–23; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0613] 

RIN 1625–AA00 

Safety Zone; Kanawha River, Mile 

Markers 41.5 to 42.5, Nitro, WV, 

Change in Dates 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters within a half mile 

radius of the Donald Legg Memorial 

Bridge. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by adding a center 

section of the bridge. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Rules and Regulations 60891 

Captain of the Port Sector Ohio Valley 

(COTP) or a designated representative. 

This temporary final rule reflects a 

change in the dates of the bridge 

construction than we previously 

announced in a prior temporary final 

rule. 

DATES: This rule is effective without 

actual notice from September 6, 2023 

through September 18, 2023. For the 

purposes of enforcement, actual notice 

will be used from September 4, 2023 

until September 6, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0613 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Chelsea Zimmerman, 

Marine Safety Unit Huntington, U.S. 

Coast Guard, telephone 304–733–0198, 

email Chelsea.M.Zimmerman@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard previously 

published a temporary final rule for a 

safety zone on August 17, 2023, titled 

‘‘Safety Zone; Kanawha River, Mile 

Markers 41.5 to 42.5, Nitro, WV’’ at 88 

FR 55913. That safety zone was going to 

be effective August 28, 2023, through 

August 29, 2023. The Coast Guard 

received notice on August 29, 2023, that 

the project manager must change the 

dates of the bridge construction. 

Therefore, we must change the effective 

dates and enforcement times from that 

original safety zone temporary final 

rule. This rule replaces the previous 

rule issued on August 17, 2023, at 88 FR 

55913. We will no longer be enforcing 

the safety zone on the dates described 

in that rule. Instead, this safety zone 

will be over the span of two weeks, from 

September 4, 2023, to September 18, 

2023, and subject to enforcement when 

announced via Broadcast Notice to 

Mariners. 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ 

Under 5 U.S.C. 553(b)(B), the Coast 

Guard finds that good cause exists for 

not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule because publishing an NPRM 

would be impracticable. A safety zone is 

needed to alleviate safety concerns 

associated with construction operations 

for the purpose of adding the center 

section of the Donald Legg Memorial 

Bridge. It is impracticable to publish an 

NPRM because late notice was given for 

the change in enforcement dates, which 

now require the establishment of a 

safety zone by September 4, 2023, and 

lack sufficient time to provide a 

reasonable comment period and then 

consider those comments before issuing 

the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to the public interest because 

we must establish the safety zone by 

September 4, 2023, in order to protect 

personnel, vessels, and the marine 

environment from the potential safety 

hazards associated with the bridge 

construction beginning on that date. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that safety 

needs associated with construction 

operations on the Donald Legg 

Memorial Bridge from September 4, 

2023, to September 18, 2023, present a 

safety concern. The purpose of this 

rulemaking is to ensure the safety of the 

public surrounding regulated area 

before, during, and after the 

construction event. 

IV. Discussion of the Rule 

This rule establishes a safety zone that 

will be subject to enforcement via 

Broadcast Notice to Mariners from 

September 4, 2023, through September 

18, 2023, daily between 5:30 a.m. to 8 

p.m. The safety zone will cover all 

navigable waters between mile markers 

41.5 to 42.5 on the Kanawha River. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters while the bridge span is being 

added. No vessel or person will be 

permitted to enter the safety zone 

without obtaining permission from the 

COTP or a designated representative. A 

designated representative means a Coast 

Guard Patrol Commander, including a 

Coast Guard coxswain, petty officer, or 

other officer operating a Coast Guard 

vessel and a Federal, State, and local 

officer designated by or assisting the 

Captain of the Port Sector Ohio Valley 

(COTP) in the enforcement of the safety 

zone. 

Persons or vessels seeking to enter the 

safety zone must request permission 

from the COTP on VHF–FM channel 16 

or by telephone at 1–502–779–5424. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the COTP or designated 

representative. 

The COTP or a designated 

representative will inform the public of 

the enforcement times and date for this 

safety zone through Broadcast Notices to 

Mariners, Local Notices to Mariners, 

and/or Safety Marine Information 

Broadcasts as appropriate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the regulated area. 

This rule is limited to the Kanawha 

River from mile 41.5 to 42.5 on 

September 4, 2023, through September 

18, 2023, and will be enforced only 

during the times specified. Moreover, 

the Coast Guard will issue Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the regulated area and 

the rule allows vessels to seek 

permission to enter the area. 


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60892 Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Rules and Regulations 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

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 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), 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 

establishing a temporary safety zone on 

the Kanawha River at mile 41.5 to 42.5 

on September 4, 2023, through 

September 18, 2023. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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 

Harbors, 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: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Revise § 165.T08–0613 to read as 

follows: 

§ 165.T08–0613 Safety Zone; Kanawha 

River, Mile Markers 41.5 to 42.5 Nitro, WV, 

Change in Dates. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Kanawha River from mile marker 41.5 to 

mile marker 42.5, extending the entire 

width of the river. 

(b) Definitions. Designated 

representative means a Coast Guard 

Patrol Commander (PATCOM), 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Ohio Valley 

(COTP) in the enforcement of the 

regulations in this section. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

The Coast Guard may patrol the event 

area under the direction of a designated 

Coast Guard Patrol Commander. 

(2) To seek permission to enter, the 

COTP or the COTP’s representative may 

be contacted on Channel 16 VHF–FM 

(156.8 MHz) by the call sign 

‘‘PATCOM’’, or phone at 1–502–779– 

5424. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(3) The Patrol Commander may forbid 

and control the movement of all vessels 

in the regulated area. When hailed or 

signaled by an official patrol vessel, a 

vessel shall come to an immediate stop 

and comply with the directions given. 

Failure to do so may result in expulsion 


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Federal Register / Vol. 88, No. 171 / Wednesday, September 6, 2023 / Rules and Regulations 60893 

from the area, citation for failure to 

comply, or both. 

(4) The Patrol Commander may 

terminate the event or the operation of 

any vessel at any time it is deemed 

necessary for the protection of life or 

property. 

(5) The COTP will provide notice of 

the regulated area through advanced 

notice via local notice to mariners and 

broadcast notice to mariners and by onscene designated representatives. 

(d) Enforcement periods. This section 

will be subject to enforcement from 

September 4, 2023, through September 

18, 2023, between 5:30 a.m. to 8 p.m. 

Dated: August 30, 2023. 

H.R. Mattern, 

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

Port Sector Ohio Valley. 

[FR Doc. 2023–19205 Filed 9–5–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2023–0188; FRL–11025– 

02–R1] 

Air Plan Approval; New Hampshire; 

Reasonable Available Control 

Technology for the 2008 and 2015 

Ozone Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

State Implementation Plan (SIP) 

revisions submitted by the State of New 

Hampshire that certify that the state has 

adopted regulations meeting the 

requirements for reasonably available 

control technology (RACT) for the 2008 

and 2015 ozone national ambient air 

quality standards (NAAQS), and 

portions of amendments to a related 

regulation that New Hampshire revised 

to fulfill RACT requirements for these 

two NAAQS. We are also approving a 

revision to the state’s definition of 

emergency generator. These actions are 

being taken in accordance with the 

Clean Air Act. 

DATES: This rule is effective on October 

6, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2023–0188. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: Bob 

McConnell, Environmental Engineer, 

Air and Radiation Division (Mail Code 

5–MD), U.S. Environmental Protection 

Agency, Region 1, 5 Post Office Square, 

Suite 100, Boston, Massachusetts, 

02109–3912; (617) 918–1046. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background and Purpose 

On July 10, 2023 (88 FR 43483), EPA 

published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

New Hampshire. The NPRM proposed 

approval that the state has adopted 

regulations meeting the requirements for 

reasonably available control technology 

(RACT) for the 2008 and 2015 ozone 

national ambient air quality standards 

(NAAQS), amendments to Env-A 1300, 

NOX RACT, which New Hampshire 

revised as part of its RACT requirements 

for these two ozone NAAQS, a revision 

to the State’s definition of emergency 

generator to address a court decision 

that vacated the allowance for such 

engines to operate for demand-response 

purposes, and removal from the SIP of 

two previously issued RACT orders 

related to Merrimack Station. During the 

public comment period, EPA received 

one comment letter from the Sierra Club 

dated August 9, 2023, that opposed New 

Hampshire’s NOX RACT limits 

applicable to coal-fired cyclone boilers. 

EPA is evaluating those comments in 

light of our July 10, 2023 proposed 

approval, and will take final action on 

New Hampshire’s NOX RACT 

requirements for coal-fired cyclone 

boilers and New Hampshire’s request to 

withdraw from the SIP two previously 

issued RACT orders applicable to 

Merrimack Station boilers in a 

subsequent final rule. We did not 

receive comments on any other portions 

of our July 10, 2023 proposed action and 

are therefore approving within this final 

rule New Hampshire’s SIP revisions 

presented in our July 10, 2023 proposal 

for all provisions for which we did not 

receive comments. Please see our July 

10, 2023 proposed rule for additional 

background and a more detailed 

explanation of EPA’s rationale related to 

this action. 

II. Final Action 

EPA is approving portions of SIP 

revisions submitted by the State of New 

Hampshire. Specifically, EPA is 

approving the VOC RACT certifications 

for the 2008 and 2015 ozone NAAQS; 

the NOX RACT certifications for these 

same standards except for the 

certification regarding NOX RACT for 

coal-fired cyclone boilers for which EPA 

received adverse comments; the state’s 

revised NOX RACT regulation, Env-A 

1300, except for sections within Env-A 

1303.06 concerning limits for coal-fired 

cyclone boilers for which EPA received 

adverse comments; and the state’s 

revised definition of emergency 

generator in Regulation Env-A 100. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of New 

Hampshire regulation Env-A 1300, NOX

RACT, and a revision to the state’s 

definition of emergency generator in 

regulation Env-A 100, which contains 

the state’s definition of terms used 

within its air pollution control 

regulations, as discussed in Section II of 

this preamble and described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available through https:// 

www.regulations.gov and at the EPA 

Region 1 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, 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 


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