66278 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations 

Country Entity License 

Requirement 

License 

review 

policy 

Federal Register citation 

SMT-iLogic, a.k.a., the following two 

aliases: 

—SMT-iLogic, LLC; and 

—SMT Aylogik. 

Mineralnaya, Dom 13, Litera A, 

Pomeshtenie 15N, Saint Petersburg, 

195197, Russia; and Mineralnaya St. 

13 Litera A, Ind 15H, St. Petersburg, 

19005, Russia; and Nepokorennykh 

Avenue, 17, Building 4, B, Room 5– 

N, St. Petersburg, 195220, Russia. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR).

Presumption of denial ...... 88 FR [INSERT FR PAGE 

NUMBER] 9/27/2023. 

* * * * * * 

Streloy, 

Dmitrovsky Per. 13, Office 7, St. Petersburg, 191025, Russia. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR).

Presumption of denial ...... 88 FR [INSERT FR PAGE 

NUMBER] 9/27/2023. 

* * * * * * 

VSMPO–AVISMA Corporation PJSC, 

a.k.a., the following seven aliases: 

—Avisma; 

—Korporatsiya VSMPO-Avisma; 

—Oao Korporatsiya VSMPO-Avisma; 

—Verkhnyaya Salda Metallurgical Production Association for Aviation Special Materials; 

—VSMPO; 

—VSMPO–AVISMA; and 

—VSMPO Avisma OAO. 

1, Parkovaya St., Verkhnaya Salda, 

Sverdlovsk Region, 624760, Russia; 

and Pao D. 2 Korp. 4 Str. 13 Of. 6, 

Per. Sawinski B., Moscow, 119435, 

Russia; and 29 Zagorodnaya Str., 

Berezniki, Perm Krai, 618421, Russia; and 2–4–6, Bld. 13 Bolshoi 

Savvinskiy Pereulok, Moscow, 

119435, Russia. 

For all items subject to 

the EAR. (See 

§§ 734.9(g),3

746.8(a)(3), and 

744.21(b) of the EAR).

Policy of denial ................. 88 FR [INSERT FR PAGE 

NUMBER] 9/27/2023. 

*******

UNITED ARAB 

EMIRATES.

* * * * * * 

New Era Enterprises FZE, Business 

Center RAKEZ, Ras al Khaimah, 

UAE. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR).

See § 744.2(d) of the EAR 88 FR [INSERT FR PAGE 

NUMBER] 9/27/2023. 

* * * * * * 

Supplement No. 7 to Part 744 

[Amended] 

■ 3. Supplement no. 7 to part 744 is 

amended under CHINA, PEOPLE’S 

REPUBLIC OF by removing the entry for 

‘‘Zhejiang Perfect New Material Co., 

Ltd.’’ 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–21080 Filed 9–25–23; 8:45 am] 

BILLING CODE 3510–JT–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–52023–0305; FRL–11112– 

02–R1] 

Approval and Promulgation of 

Delegation of Authority for Designated 

Facilities and Pollutants; New 

Hampshire; Delegation of Authority 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving delegation of 

authority to the New Hampshire 

Department of Environmental Services 

(NHDES) for implementing and 

enforcing the Clean Air Act (CAA) 

Federal Plan Requirements for 

Municipal Solid Waste Landfills That 

Commenced Construction on or Before 

July 17, 2014, and Have Not Been 

Modified or Reconstructed Since July 

17, 2014. This action amends regulatory 

text to promulgate the delegation of 

authority and is taken in accordance 

with the CAA. 

DATES: This rule is effective on October 

27, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2023–0305. 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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations 66279 

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: 

Jessica Kilpatrick, Air Permits, Toxics, 

and Indoor Programs Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, APTB05–2, Boston, MA 

02109–0287. Telephone: 617–918–1652. 

Fax: 617–918–0652 Email: 

kilpatrick.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On July 7, 2023, EPA published a 

Notice of Proposed Rulemaking 

(NPRM), which proposed to approve 

delegation of authority to NHDES for 

implementing and enforcing the Federal 

Plan Requirements for Municipal Solid 

Waste Landfills That Commenced 

Construction On or Before July 17, 2014, 

and Have Not Been Modified or 

Reconstructed Since July 17, 2014, at 40 

CFR part 62, subpart OOO. NHDES 

submitted to EPA a formal request for 

delegation of authority on February 6, 

2023. The request letter included a 

memorandum of agreement (MoA) 

developed by NHDES and EPA, which 

defines the policies, responsibilities, 

and procedures NHDES and EPA will 

abide by in administering the Federal 

Plan requirements. The MoA was signed 

by the NHDES Commissioner on 

February 6, 2023 and the EPA Region 1 

Deputy Regional Administrator on June 

27, 2023. The NPRM informed the 

public of the MoA, provided a copy of 

the signed document, and proposed 

amending associated regulatory text for 

the delegation of authority. No 

comments were received regarding the 

proposed rulemaking. 

This action amends regulatory text at 

40 CFR part 62, subpart EE—New 

Hampshire to promulgate the delegation 

of authority for existing municipal solid 

waste landfills. The rationale for EPA’s 

approval of the delegation of authority 

is explained in the NPRM and will not 

be restated here. 

II. Final Action 

EPA approves amending regulatory 

text at § 62.7405 to promulgate the 

delegation of authority to NHDES for 

implementing and enforcing the Federal 

Plan Requirements for Municipal Solid 

Waste Landfills That Commenced 

Construction On or Before July 17, 2014, 

and Have Not Been Modified or 

Reconstructed Since July 17, 2014, at 40 

CFR part 62, subpart OOO. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator 

has the authority to delegate the 

authority to implement a 111(d)/129 

Federal Plan that complies with the 

provisions of the CAA and applicable 

Federal regulations. See 40 CFR 60.27. 

In reviewing 111(d)/129 Federal Plan 

delegation requests, EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the CAA and of 

EPA’s implementing regulations. 

Accordingly, this action merely codifies 

in the Code of Federal Regulations 

EPA’s delegation of authority to 

implement the Federal Plan and does 

not impose additional requirements 

beyond those imposed by the alreadyapplicable Federal Plan. 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 (Public Law 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 CAA. 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this action does not apply 

on any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. As such, it does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Industrial 

facilities, Intergovernmental relations, 

Methane, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: September 18, 2023. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 62 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart EE—New Hampshire 

■ 2. Revise § 62.7405 to read as follows: 

§ 62.7405 Identification of plan— 

delegation of authority. 

(a) Letter from the New Hampshire 

Department of Environmental Services 

(NHDES), submitted February 6, 2023, 

requested delegation of authority from 

EPA to implement and enforce the 

Federal Plan Requirements for 

Municipal Solid Waste Landfills That 

Commenced Construction On or Before 

July 17, 2014, and Have Not Been 

Modified or Reconstructed Since July 

17, 2014 (Existing MSW Landfills 


ddrumheller on DSK120RN23PROD with RULES1
66280 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Rules and Regulations 

Federal Plan) at Subpart OOO of this 

part. 

(b) Identification of sources. The 

Existing MSW Landfills Federal Plan 

applies to each municipal solid waste 

landfill that meets the following criteria: 

(1) Commenced construction, 

reconstruction, or modification on or 

before July 17, 2014. 

(2) Accepted waste at any time since 

November 8, 1987, or has additional 

capacity for future waste deposition. 

(c) On February 6, 2023, NHDES 

Commissioner Robert R. Scott signed 

the Memorandum of Agreement 

Concerning the Delegation of Authority 

of the Federal Plan for Existing 

Municipal Solid Waste Landfills to the 

New Hampshire Department of 

Environmental Services by the United 

States Environmental Protection 

Agency. On June 27, 2023, Region 1 

Deputy Regional Administrator Karen 

McGuire signed the MoA. 

(d) The delegation became fully 

effective as of October 27, 2023. 

[FR Doc. 2023–20880 Filed 9–26–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2021–0093; 

FF09E22000 FXES1113090FEDR 234] 

RIN 1018–BF56 

Endangered and Threatened Wildlife 

and Plants; Reclassification of the 

Relict Darter From Endangered to 

Threatened With a Section 4(d) Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), reclassify the 

relict darter (Etheostoma chienense) 

from endangered to threatened under 

the Endangered Species Act of 1973 

(Act), as amended. The relict darter is a 

fish species that occupies the Bayou de 

Chien stream system in western 

Kentucky. This action is based on a 

thorough review of the best available 

scientific and commercial information, 

which indicates that relict darter is not 

currently in danger of extinction 

throughout all or a significant portion of 

its range, but it is still likely to become 

so in the foreseeable future. We are also 

finalizing a rule under section 4(d) of 

the Act that provides for the 

conservation of the relict darter. 

DATES: This rule is effective October 27, 

2023. 

ADDRESSES: Public comments and 

materials we received, as well as 

supporting documentation we used in 

preparing this rule, are available for 

public inspection at https://

www.regulations.gov at Docket No. 

FWS–R4–ES–2021–0093. 

FOR FURTHER INFORMATION CONTACT: Lee 

Andrews, Field Supervisor, U.S. Fish 

and Wildlife Service, Kentucky 

Ecological Services Field Office, 330 

West Broadway, Suite 265, Frankfort, 

KY 40601; telephone 502–695–0468. 

Individuals in the United States who are 

deaf, deafblind, hard of hearing, or have 

a speech disability may dial 711 (TTY, 

TDD, or TeleBraille) to access 

telecommunications relay services. 

Individuals outside the United States 

should use the relay services offered 

within their country to make 

international calls to the point-ofcontact in the United States. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Why we need to publish a rule. Under 

the Act, a species warrants 

reclassification from endangered to 

threatened if it no longer meets the 

definition of endangered (in danger of 

extinction throughout all or a significant 

portion of its range). We are 

reclassifying the relict darter as a 

threatened species (i.e., ‘‘downlisting’’ 

the species) because we have 

determined it is not currently in danger 

of extinction. Reclassifying a species 

under the Act can only be accomplished 

by issuing a rule through the 

Administrative Procedure Act 

rulemaking process (5 U.S.C. 551 et 

seq.). 

What this document does. This rule 

reclassifies relict darter from an 

endangered species to a threatened 

species on the Federal List of 

Endangered and Threatened Wildlife 

(List), with a rule issued under section 

4(d) of the Act, based on the species’ 

current status, which has been 

improved through implementation of 

conservation actions. 

The basis for our action. Under the 

Act, we may determine that a species is 

an endangered or threatened species 

because of any of five factors: (A) The 

present or threatened destruction, 

modification, or curtailment of its 

habitat or range; (B) overutilization for 

commercial, recreational, scientific, or 

educational purposes; (C) disease or 

predation; (D) the inadequacy of 

existing regulatory mechanisms; or (E) 

other natural or manmade factors 

affecting its continued existence. Based 

on the status review, the current threats 

analysis, and evaluation of conservation 

measures, we conclude that the relict 

darter no longer meets the Act’s 

definition of an endangered species and 

should be reclassified to a threatened 

species. The species is no longer in 

danger of extinction throughout all or a 

significant portion of its range but is 

likely to become so within the 

foreseeable future. 

We have determined that the relict 

darter is a threatened species due to the 

following threats: 

• Habitat destruction and 

modification caused by sedimentation, 

stream channelization, removal of 

riparian vegetation, drainage of riparian 

wetlands, and point and nonpoint 

source discharges (Factor A). 

• Drought, accidental spills, and 

other potential catastrophic events 

(Factor E). 

• Low genetic diversity resulting in 

reduced adaptive capacity and the 

inability to withstand stochastic 

disturbances (Factor E). 

• Effects from climate change that are 

likely to exacerbate the impacts of 

drought, hurricanes, and flooding 

associated with storms and hurricanes 

in the future (Factor E). 

Section 4(d) rule. We are issuing a 

rule under the authority of section 4(d) 

of the Act (a ‘‘4(d) rule’’) for the relict 

darter. The 4(d) rule specifically tailors 

the incidental take exceptions for the 

relict darter to provide protective 

mechanisms to State and Federal 

partners so that they may continue 

certain activities that are not anticipated 

to cause direct injury or mortality to the 

relict darter. These activities will 

facilitate the conservation and recovery 

of the species through routine 

enforcement, assisting sick or injured 

fish, and the active habitat management 

this species uniquely requires. 

Previous Federal Actions 

Please refer to the proposed 

downlisting rule (87 FR 12056; March 3, 

2022) for a detailed description of 

previous Federal actions concerning the 

relict darter. 

Summary of Changes From the 

Proposed Rule 

In preparing this final rule, we 

reviewed and fully considered all 

comments we received during the 

comment period from the peer 

reviewers and the public on the 

proposed rule to reclassify the relict 

darter. Minor, nonsubstantive changes 

and clarifications were made to the 

species status assessment (SSA) report 

and this document in response to 

comments. In preparing this final rule, 


ddrumheller on DSK120RN23PROD with RULES1