This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

8499 

Vol. 82, No. 16 

Thursday, January 26, 2017 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 107 

RIN 3245–AG67 

Small Business Investment 

Companies: Passive Business 

Expansion and Technical Clarifications 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Final rule; delay of effective 

date and opportunity for public 

comment. 

SUMMARY: On December 28, 2016, the 

Small Business Administration (SBA) 

published a final rule to expand 

permitted investments in passive 

businesses and provide further 

clarification with regard to investments 

in such businesses for the Small 

Business Investment Company (SBIC) 

Program, with an effective date of 

January 27, 2017. In the meantime, a 

memorandum dated January 20, 2017 

from the Assistant to the President and 

Chief of Staff, entitled ‘‘Regulatory 

Freeze Pending Review’’ calls for 

agencies to temporarily postpone the 

effective date of rules not yet effective 

and invite new public comment. In view 

of this development, SBA is delaying 

the effective date of this rule until 

March 21, 2017, and is inviting 

additional public comment on the final 

rule. Any timely public comments 

received will be considered and any 

changes to the final rule will be 

published in the Federal Register. 

DATES: The effective date of the SBA 

final rule published December 28, 2016 

(81 FR 95419) is delayed until March 

21, 2017. Comments must be received 

on or before February 19, 2017. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AG67, by any of 

the following methods: 

Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail, Hand Delivery/Courier: Theresa 

Jamerson, Office for Investment and 

Innovation, U.S. Small Business 

Administration, 409 Third Street SW., 

Washington, DC 20416. 

SBA will post comments on http://

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at http://www.regulations.gov, 

please submit the information to 

Theresa Jamerson, Office of Investment 

and Innovation, 409 Third Street SW., 

Washington, DC 20416. Highlight the 

information that you consider to be CBI 

and explain why you believe this 

information should be held confidential. 

SBA will review the information and 

make the final determination of whether 

it will publish the information or not. 

FOR FURTHER INFORMATION CONTACT: 

Theresa Jamerson, Office of Investment 

and Innovation, (202) 205–7563 or sbic@

sba.gov. 

SUPPLEMENTARY INFORMATION: The U.S. 

Small Business Administration (SBA) is 

revising the regulations for the Small 

Business Investment Company (SBIC) 

program to expand permitted 

investments in passive businesses and 

provide further clarification with regard 

to investments in such businesses. 

SBICs are generally prohibited from 

investing in passive businesses under 

the Small Business Investment Act of 

1958, as amended (Act). SBIC program 

regulations provide for two exceptions 

that allow an SBIC to structure an 

investment utilizing a passive small 

business as a pass-through. The first 

exception provides conditions under 

which an SBIC may structure an 

investment through up to two levels of 

passive entities to make an investment 

in a non-passive business that is a 

subsidiary of the passive business 

directly financed by the SBIC. The 

second exception, prior to this final 

rule, enabled a partnership SBIC, with 

SBA’s prior approval, to provide 

financing to a small business through a 

passive, wholly-owned C corporation 

(commonly known as a blocker 

corporation), but only if a direct 

financing would cause the SBIC’s 

investors to incur Unrelated Business 

Taxable Income (UBTI). This final rule 

clarifies several aspects of the first 

exception and in the second exception 

eliminates the prior approval 

requirement and expands the purposes 

for which a blocker corporation may be 

formed. The final rule also adds new 

reporting and other requirements for 

passive investments to help protect 

SBA’s financial interests and ensure 

adequate oversight and makes minor 

technical amendments. Finally, this rule 

makes a conforming change to the 

regulations regarding the amount of 

leverage available to SBICs under 

common control. This change is 

necessary for consistency with the 

Consolidated Appropriations Act, 2016, 

which increased the maximum amount 

of such leverage to $350 million. 

Dated: January 23, 2017. 

Michele Schimpp, 

Deputy Associate Administrator, Office of 

Investment and Innovation. 

[FR Doc. 2017–01809 Filed 1–25–17; 8:45 am] 

BILLING CODE 8025–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 22, 51, 52, 61, 68, 80, 81, 

124, 147, 171, 239, 259, 300, and 770 

[FRL–9958–87–OP] 

Delay of Effective Date for 30 Final 

Regulations Published by the 

Environmental Protection Agency 

Between October 28, 2016 and January 

17, 2017 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; delay of effective 

dates. 

SUMMARY: In accordance with the 

Presidential directive as expressed in 

the memorandum of January 20, 2017, 

from the Assistant to the President and 

Chief of Staff, entitled ‘‘Regulatory 

Freeze Pending Review,’’ this action 

temporarily delays until March 21, 

2017, the effective date of the 

regulations listed in the table below. 

EPA identified 30 regulations that meet 

those criteria. 

DATES: This regulation is effective 

January 26, 2017. The effective date of 

each regulation listed in the table below 

is delayed to a new effective date of 

March 21, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Rees, Director, Office of 

Regulatory Policy and Management, 

Office of Policy, Mail code 1804, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Ave NW., Washington, DC 


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8500 Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Rules and Regulations 

20460; (202) 564–1986; rees.sarah@

epa.gov. 

SUPPLEMENTARY INFORMATION: EPA bases 

this action on the Presidential directive 

as expressed in the memorandum of 

January 20, 2017, from the Assistant to 

the President and Chief of Staff, entitled 

‘‘Regulatory Freeze Pending Review.’’ 

That memorandum directed the heads 

of Executive Departments and Agencies 

to temporarily postpone for sixty days 

from the date of the memorandum the 

effective dates of all regulations that had 

been published in the Federal Register 

but had not yet taken effect. The 

memorandum also noted certain 

exceptions that do not apply here. EPA 

identified 30 regulations that meet those 

criteria. Those regulations are listed in 

the table below. The new effective date 

for all 30 regulations is March 21, 2017. 

The Agency’s implementation of this 

action without opportunity for public 

comment is based on the good cause 

exceptions in 5 U.S.C. 553(b)(B) and 

553(d)(3), in that seeking public 

comment is impracticable, unnecessary 

and contrary to the public interest. The 

temporary delay in effective dates until 

March 21, 2017, is necessary to give 

Agency officials the opportunity for 

further review and consideration of new 

regulations, consistent with the 

memorandum of the Assistant to the 

President and Chief of Staff, dated 

January 20, 2017. Given the imminence 

of these effective dates, seeking prior 

public comment on this temporary 

delay would have been impractical, as 

well as contrary to the public interest in 

the orderly promulgation and 

implementation of regulations. In 

addition, to the extent any regulation 

below is a procedural rule, it is exempt 

from notice and comment under 5 

U.S.C. 553(b)(A). 

Some of the regulations listed below 

would not have taken effect until late 

February or March. For those 

regulations, the length of today’s delay 

is necessarily shorter than the delay 

established for regulations that would 

have taken effect in January or early 

February. The good cause exception 

applies here as well, because soliciting 

comment would be contrary to the 

public interest. First, by announcing 

today that all eligible regulations would 

be delayed until a single fixed date 

(March 21, 2017), the Agency provides 

immediate notice of its intention to 

further review and consider those 

regulations in addition to the others that 

would have taken effect sooner. This 

allows the later-published regulations to 

be considered more easily in context of 

the earlier-published regulations. 

Second, by focusing its attention on the 

substance of those later regulations 

rather than soliciting comment on a 

decision to delay their effective date 

until March 21, 2017, the Agency can 

minimize or obviate the need for further 

temporary delays beyond March 21. 

Third, as a practical matter, the new 

effective date for these regulations 

would extend by only a few weeks their 

original effective dates. 

For the foregoing reasons, the good 

cause exceptions in 5 U.S.C. 553(b)(B) 

and 553(d)(3) also apply to EPA’s 

decision to make today’s action 

effectively immediately. 

Federal 

Register 

citation 

Title Publication 

date 

Original 

effective date 

New effective 

date 

81 FR 74927 .. State of Kentucky Section 1425 Underground Injection Control (UIC) Program Primacy Approval.10/28/16 1/26/2017 3/21/2017 

81 FR 95047 .. Approval and Promulgation of Implementation Plans; New York Prevention 

of Significant Deterioration of Air Quality and Nonattainment New Source 

Review; Infrastructure State Implementation Plan Requirements.

12/27/16 1/26/2017 3/21/2017 

81 FR 95041 .. Air Plan Approval; KY; RACM Determination for the KY Portion of the Louisville Area 1997 Annual PM2.5.12/27/16 1/26/2017 3/21/2017 

81 FR 95043 .. Air Plan Approval; Wisconsin; Infrastructure SIP Requirements for the 2012 

PM2.5 NAAQS.

12/27/16 1/26/2017 3/21/2017 

81 FR 95051 .. Approval and Promulgation of Implementation Plans and Designation of 

Areas for Air Quality Planning Purposes; Louisiana; Redesignation of 

Baton Rouge 2008 8-Hour Ozone Nonattainment Area to Attainment.

12/27/16 1/26/2017 3/21/2017 

81 FR 95480 .. State of Kentucky Underground Injection Control (UIC) Class II Program; 

Primacy Approval.

12/28/16 1/27/2017 3/21/2017 

81 FR 95475 .. Air Plan Approval; Illinois; Volatile Organic Compounds Definition ............... 12/28/16 1/27/2017 3/21/2017 

81 FR 95473 .. Approval of California Air Plan Revisions, Great Basin Unified Air Pollution 

Control District.

12/28/16 1/27/2017 3/21/2017 

81 FR 95472 .. Approval of California Air Plan Revisions, South Coast Air Quality Management District.12/28/16 1/27/2017 3/21/2017 

82 FR 729 ...... Partial Approval and Partial Disapproval of Attainment Plan for the Idaho 

Portion of the Logan, Utah/Idaho PM2.5 Nonattainment Area.

1/4/17 2/3/2017 3/21/2017 

82 FR 2760 .... Addition of a Subsurface Intrusion Component to the Hazard Ranking System.1/9/17 2/8/2017 3/21/2017 

82 FR 2237 .... Approval and Promulgation of Implementation Plans; Rhode Island; Clean 

Air Act Infrastructure State and Federal Implementation Plans.

1/9/17 2/8/2017 3/21/2017 

81 FR 89746 .. Renewable Fuel Standard Program: Standards for 2017 and BiomassBased Diesel Volume for 2018.12/12/16 2/10/2017 3/21/2017 

81 FR 89674 .. Formaldehyde Emission Standards for Composite Wood Products .............. 12/12/16 2/10/2017 3/21/2017 

82 FR 3171 .... Approval and Promulgation of Implementation Plans; Texas; Control of Air 

Pollution from Visible Emissions and Particulate Matter.

1/11/17 2/10/2017 3/21/2017 

81 FR 89868 .. Determination of Attainment of the 2012 Annual Fine Particulate Matter 

Standard; Pennsylvania; Delaware County Nonattainment Area.

12/13/16 2/13/2017 3/21/2017 

82 FR 3639 .... Air Plan Approval; TN Infrastructure Requirements for the 2010 NO2

NAAQS.

1/12/17 2/13/2017 3/21/2017 

82 FR 3637 .... Approval and Promulgation of Implementation Plans; Alabama; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air 

Quality Standard.

1/12/17 2/13/2017 3/21/2017 

82 FR 5182 .... Revisions to the Guideline on Air Quality Models: Enhancements to the 

AERMOD Dispersion Modeling System and Incorporation of Approaches 

to Address Ozone and Fine Particulate Matter.

1/17/17 2/16/2017 3/21/2017 


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Federal Register / Vol. 82, No. 16 / Thursday, January 26, 2017 / Rules and Regulations 8501 

Federal 

Register 

citation 

Title Publication 

date 

Original 

effective date 

New effective 

date 

81 FR 91839 .. Air Plan Approval; Michigan; Part 9 Miscellaneous Rules ............................. 12/19/16 2/17/2017 3/21/2017 

81 FR 94262 .. National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the North Penn Area 6 Superfund 

Site.

12/23/16 2/21/2017 3/21/2017 

81 FR 93624 .. Determination of Attainment of the 2008 Ozone National Ambient Air Quality Standards; Mariposa County, California.12/21/16 2/21/2017 3/21/2017 

81 FR 85438 .. Adequacy of Washington Municipal Solid Waste Landfill Permit Program— 

Direct Final Rule.

11/28/16 2/27/2017 3/21/2017 

81 FR 95477 .. Approval and Promulgation of Implementation Plans; Louisiana; State 

Boards.

12/28/16 2/27/2017 3/21/2017 

82 FR 952 ...... Pesticides; Certification of Pesticide Applicators ........................................... 1/4/17 3/6/2017 3/21/2017 

82 FR 1206 .... Air Plan Approval; Georgia: Procedures for Testing and Monitoring 

Sources of Air Pollutants.

1/5/17 3/6/2017 3/21/2017 

82 FR 2230 .... Consolidated Rules of Practice Governing the Administrative Assessment 

of Civil Penalties, Issuance of Compliance or Corrective Action Orders, 

and the Revocation/Termination or Suspension of Permits; Procedures 

for Decisionmaking.

1/9/17 3/10/2017 3/21/2017 

82 FR 2239 .... Approval of Arizona Air Plan Revisions; Ajo and Morenci, Arizona; Second 

10-Year Sulfur Dioxide Maintenance Plans and Technical Correction.

1/9/17 3/10/2017 3/21/2017 

82 FR 4594 .... Accidental Release Prevention Requirements: Risk Management Programs 

Under the Clean Air Act.

1/13/17 3/14/2017 3/21/2017 

82 FR 5142 .... Revisions to National Emission Standards for Radon Emissions from Operating Mill Tailings.1/17/17 3/20/2017 3/21/2017 

Where appropriate, the Agency may 

consider delaying the effective dates of 

the above-referenced regulations beyond 

March 21, 2017. If the Agency were to 

do so, consistent with the memorandum 

of the Assistant to the President and 

Chief of Staff, the Agency would 

propose any later effective date for 

public comment. 

Dated: January 23, 2017. 

Catherine McCabe, 

Acting Administrator. 

[FR Doc. 2017–01822 Filed 1–24–17; 11:15 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2015–0171; 

FF09E40000 167 FXES11150900000] 

RIN 1018–BB25 

Endangered and Threatened Wildlife 

and Plants; Revisions to the 

Regulations for Candidate 

Conservation Agreements With 

Assurances 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: In accordance with a January 

20, 2017, memo from the White House, 

we, the U.S. Fish and Wildlife Service, 

are delaying the effective date of a rule 

we published on December 27, 2016. 

DATES: The effective date of the rule that 

published on December 27, 2016, at 81 

FR 95053, is delayed from January 26, 

2017, to March 21, 2017. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Newman, Chief, Division of Recovery 

and Restoration, U.S. Fish and Wildlife 

Service Headquarters, MS: ES, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803; telephone 703–358–2171. 

SUPPLEMENTARY INFORMATION: On 

December 27, 2016, we published a rule 

to revise the regulations concerning 

enhancement-of-survival permits issued 

under the Endangered Species Act of 

1973, as amended, associated with 

Candidate Conservation Agreements 

with Assurances. We added the term 

‘‘net conservation benefit’’ to the 

Candidate Conservation Agreements 

with Assurances regulations, and 

eliminated references to ‘‘other 

necessary properties’’ to clarify the level 

of conservation effort we require each 

agreement to include in order for us to 

approve a Candidate Conservation 

Agreement with Assurances. The rule 

was to be effective on January 26, 2017. 

On January 20, 2017, the White House 

issued a memo instructing Federal 

agencies to temporarily postpone the 

effective date for 60 days after January 

20, 2017, of any regulations that have 

published in the Federal Register but 

not yet taken effect, for the purpose of 

‘‘reviewing questions of fact, law, and 

policy they raise.’’ We are, therefore, 

delaying the effective date of our rule 

published on December 27, 2016, at 81 

FR 95053 (see DATES, above). 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

Dated: January 23, 2017. 

Tina A. Campbell, 

Chief, Division of Policy, Performance, and 

Management Programs, U.S. Fish and Wildlife 

Service. 

[FR Doc. 2017–01841 Filed 1–25–17; 8:45 am] 

BILLING CODE 4333–15–P 


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