Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 62293 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, 301– 

415–4737, or by email to 

PDR.Resource@nrc.gov. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

mentioned in this document. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time (ET), Monday through Friday, 

except Federal holidays. 

Revision 6 to RG 1.28 and the 

regulatory analysis may be found in 

ADAMS under Accession Nos. 

ML23177A002 and ML22304A055, 

respectively. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Keim, Office of Nuclear Reactor 

Regulation, telephone: 301–415–1671, 

email: Andrea.Keim@nrc.gov and James 

Steckel, Office of Nuclear Regulatory 

Research, telephone: 301–415–1026, 

email: James.Steckel@nrc.gov. Both are 

staff of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a revision in the 

NRC’s ‘‘Regulatory Guide’’ series. This 

series was developed to describe 

methods that are acceptable to the NRC 

staff for implementing specific parts of 

the agency’s regulations, to explain 

techniques that the staff uses in 

evaluating specific issues or postulated 

events, and to describe information that 

the staff needs in its review of 

applications for permits and licenses. 

In addition to the endorsement of Part 

I and Part II requirements included in 

NQA–1–2017, NQA–1–2019, and NQA– 

1–2022, this RG endorses NEI 14–05A, 

‘‘Guidelines for the Use of Accreditation 

in Lieu of Commercial Grade Surveys 

for Procurement of Laboratory 

Calibration and Test Services,’’ Revision 

1, issued September 2020 as an 

acceptable approach for licensees and 

suppliers subject to the QA 

requirements of appendix B to part 50 

of title 10 of the Code of Federal 

Regulations (10 CFR) and the definitions 

in 10 CFR 21.3. 

The proposed Revision 6 to RG 1.28 

was issued with a temporary 

identification of Draft Regulatory Guide, 

DG–1403 (ADAMS Accession No. 

ML22304A054). 

II. Additional Information 

The NRC published a notice of 

availability of DG–1403 in the Federal 

Register on May 3, 2023 (88 FR 27713) 

for a 30-day public comment period. 

The public comment period closed on 

June 2, 2023. Public comments on DG– 

1403 and the staff responses to the 

public comments are available in 

ADAMS under Accession No. 

ML23177A003. 

As noted in the Federal Register on 

December 9, 2022 (87 FR 75671), this 

document is being published in the 

‘‘Rules’’ section of the Federal Register 

to comply with publication 

requirements under 1 CFR chapter I. 

III. Congressional Review Act 

This RG is a rule as defined in the 

Congressional Review Act (5 U.S.C. 

801–808). However, the Office of 

Management and Budget has not found 

it to be a major rule as defined in the 

Congressional Review Act. 

IV. Backfitting, Forward Fitting, and 

Issue Finality 

The issuance of this regulatory guide 

does not constitute backfitting as 

defined in 10 CFR 50.109, ‘‘Backfitting,’’ 

and as described in NRC Management 

Directive 8.4, ‘‘Management of 

Backfitting, Forward Fitting, Issue 

Finality, and Information Requests’’, or 

affect issue finality of any approval 

issued under 10 CFR part 52, ‘‘Licenses, 

Certificates, and Approvals for Nuclear 

Power Plants,’’ because, as explained in 

this regulatory guide, licensees are not 

required to comply with the positions 

set forth in this regulatory guide. 

V. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: September 6, 2023. 

For the Nuclear Regulatory Commission. 

Harriet Karagiannis, 

Acting Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2023–19548 Filed 9–8–23; 8:45 am] 

BILLING CODE 7590–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2023–0219; FRL–8813–02– 

R3] 

Air Plan Approval; Pennsylvania; 

Liberty Borough Area Second 10-Year 

PM10 Limited Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving into the 

Pennsylvania state implementation plan 

(SIP), a limited maintenance plan (LMP) 

submitted by the Commonwealth of 

Pennsylvania’s Department of 

Environmental Protection (PADEP or 

Commonwealth) on behalf of the 

Allegheny County Health Department 

(ACHD). This plan addresses the second 

10-year maintenance period after 

redesignation for coarse particulate 

matter, particulate matter with an 

aerodynamic diameter less than or equal 

to a nominal 10 micrometers (PM10). A 

LMP is used to meet the Clean Air Act 

(CAA or the Act) requirements for 

formerly designated nonattainment 

areas that meet certain qualification 

criteria. EPA has determined that 

ACHD’s second maintenance plan meets 

applicable CAA requirements. 

DATES: This final rule is effective on 

October 11, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2023–0219. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., confidential business information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through www.regulations.gov, 

or please contact the person identified 

in the FOR FURTHER INFORMATION

CONTACT section for additional 

availability information. 


ddrumheller on DSK120RN23PROD with RULES1
62294 Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 

1 In its SIP submission, ACHD refers to the area 

at issue as the Liberty-Clairton area. In this final 

rule document as well as in the associated proposed 

rulemaking action, EPA refers to this area as the 

Liberty Borough area to distinguish it from the 

Liberty-Clairton fine particulate matter (PM2.5) 

nonattainment area and to be consistent with what 

the Agency called the area in our approval of the 

first 10-year maintenance plan and attainment plan. 

See 63 FR 47493 (September 8, 1998) and 68 FR 

53515 (September 11, 2003). 

2The first 10-year maintenance period for the 

Liberty Borough area ended in 2013 and the second 

10-year maintenance plan, which is the subject of 

this final rule document, extends through 2023. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, Planning & 

Implementation Branch (3AD30), Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1600 John 

F Kennedy Boulevard, Philadelphia, 

Pennsylvania 19103. The telephone 

number is (215) 814–5787. Ms. Schmitt 

can also be reached via electronic mail 

at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 21, 2021, EPA received from 

PADEP, on behalf of ACHD, a revision 

to the Commonwealth’s SIP for the 

Liberty Borough area.1 The SIP revision 

is a PM10 LMP for the Liberty Borough 

area and fulfills the second 10-year 

planning requirement of CAA section 

175A to ensure the area is compliant 

with the 1987 24-hour PM10 national 

ambient air standard (NAAQS or 

standard) through 2033.2

The LMP relies upon control 

measures contained in the first 10-year 

maintenance plan and the 

determination that the Liberty Borough 

area currently monitors PM10 levels 

well-below the PM10 NAAQS. The 

Liberty Borough area has been meeting 

the PM10 standard for many years and 

was redesignated to attainment on 

September 11, 2003 (68 FR 53515) with 

an approved 10-year PM10 maintenance 

plan. 

On July 12, 2023 (88 FR 44237), EPA 

published a notice of proposed 

rulemaking (NPRM), approving the 

Commonwealth’s July 2021 PM10 LMP 

SIP submittal. The reasons for our 

approval are included in our July 2023 

proposal and will not be restated here. 

The public comment period for our 

proposed action closed on August 11, 

2023. We received no public comments. 

Therefore, we are finalizing our action 

as proposed. 

II. Final Action 

In this final action, EPA is approving 

the second 10-year PM10 LMP for the 

Liberty Borough area as a revision to the 

Pennsylvania SIP, which the Agency 

received as a submittal on July 21, 2021. 

EPA’s approval of the Liberty Borough 

area LMP satisfies CAA section 175A 

requirements for the 24-hour PM10

NAAQS for the second 10-year 

maintenance period for the Liberty 

Borough area. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 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.’’ 

ACHD and PADEP did not evaluate 

environmental justice 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 

action. Due to the nature of the action 

being taken here, this 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 action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 174 / Monday, September 11, 2023 / Rules and Regulations 62295 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 13, 2023. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

finalizing the second 10-year 

maintenance plan for the Liberty 

Borough PM10 area may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

Adam Ortiz, 

Regional Administrator, Region III. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

©(1) is amended by revising the entry 

for ‘‘PM10 Maintenance Plan’’ to read as 

follows: 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

PM10 Maintenance Plan ......... Allegheny County—Clairton 

PM10 nonattainment area.

9/14/02 9/11/03, 68 FR 53515 ............ 52.2063(c)(215). 

7/21/21 9/11/23, [Insert Federal Register Citation].Limited maintenance plan 

covering the second 10- 

year period through 2023. 

‘‘Allegheny County’’ is the 

designated name for this 

area under 40 CFR 81.339, 

but it has also been referred to as the ‘‘Liberty 

Borough area’’ in numerous 

regulatory actions. 

* * * * * * * 

* * * * * 

■ 3. Section 52.2059 is amended by 

adding paragraph (z) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(z) EPA approves the limited 

maintenance plan for the second 10-year 

maintenance period for the PM10 Liberty 

Borough area in Allegheny County. 

[FR Doc. 2023–19286 Filed 9–8–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 175 

[Docket No. USCG–2023–0243] 

RIN 1625–AC88 

DUKW Amphibious Passenger Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Coast Guard issues this 

interim rule as the first step to 

implement the statutorily mandated 

requirements for DUKW amphibious 

passenger vessels. This statutory 

mandate was enacted after the sinking 

of the Stretch Duck 7 on July 19, 2018, 

which resulted in the loss of 17 lives on 

Table Rock Lake, Missouri. Section 

11502 of the James M. Inhofe National 

Defense Authorization Act for Fiscal 

Year 2023 mandates additional safety 

measures for DUKW amphibious 

passenger vessels operating on 

navigable waters subject to Coast Guard 

jurisdiction. This interim final rule 

codifies the statutorily mandated 

requirements. 

DATES: This interim rule is effective on 

September 11, 2023. Interested persons 

are invited to submit comments and 

related material on or before December 

11, 2023. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2023–0243 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: For 

information about this document, email 

Jaideep Sirkar, telephone (202) 372– 

1366, email CGENG@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation and Request for 

Comments 

II. Abbreviations 

III. Basis and Purpose, and Regulatory 

History 

IV. Background 

V. Discussion of the Rule 

VI. Preliminary Assessment 

A. Regulatory Planning and Review 

B. Small Entities 

C. Collection of Information 

D. Federalism 

E. Unfunded Mandates 

F. Taking of Private Property 

G. Civil Justice Reform 


ddrumheller on DSK120RN23PROD with RULES1