Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67651 

Bureau of Legislative Affairs, in 

coordination with the Assistant Legal 

Adviser for Treaty Affairs, shall provide 

the text of the instrument, as that term 

is defined in § 181.1(c), to the Bureau of 

Administration for publication on the 

website of the Department of State, 

unless one of the exemptions to 

publication in paragraph (d) of this 

section applies. 

(c) Publication of information related 

to international agreements and 

qualifying non-binding instruments. 

With respect to each international 

agreement published pursuant to 

paragraph (a) of this section and each 

qualifying non-binding instrument 

published pursuant to paragraph (b) of 

this section, and with respect to 

international agreements and qualifying 

non-binding instruments that have been 

separately published by a depositary or 

other similar administrative body in 

accordance with paragraph (d)(i)(v) of 

this section, the Assistant Legal Adviser 

for Treaty Affairs shall provide to the 

Bureau of Administration for 

publication on the website of the 

Department of State within the 

timeframes specified in those 

subsections a detailed description of the 

legal authority relied upon to enter into 

the agreement or instrument, and a 

statement describing any new or 

amended statutory or regulatory 

authority anticipated to be required to 

implement the agreement or instrument. 

(d) Exemptions from publication. (1) 

Pursuant to 1 U.S.C. 112b(b)(3), the 

following categories of international 

agreements and qualifying non-binding 

instruments will not be published: 

(i) International agreements and 

qualifying non-binding instruments that 

contain information that has been given 

a national security classification 

pursuant to Executive Order 13526 (50 

U.S.C. 3161 note; relating to classified 

national security information) or any 

predecessor or successor order, or that 

contain any information that is 

otherwise exempt from public 

disclosure pursuant to United States 

law. ‘‘Information that is otherwise 

exempt from public disclosure pursuant 

to United States law’’ includes 

information that is exempt from public 

disclosure under the Freedom of 

Information Act pursuant to one of the 

exemptions set out in 5 U.S.C. 552(b)(1) 

through (9); 

(ii) International agreements and 

qualifying non-binding instruments that 

address military operations, military 

exercises, acquisition and cross 

servicing, logistics support, military 

personnel exchange or education 

programs, or the provision of health care 

to military personnel on a reciprocal 

basis; 

(iii) International agreements and 

qualifying non-binding instruments that 

establish the terms of grant or other 

similar assistance, including in-kind 

assistance, financed with foreign 

assistance funds pursuant to the Foreign 

Assistance Act of 1961 (22 U.S.C. 2151 

et seq.) or the Food for Peace Act (7 

U.S.C. 1691 et seq.); 

(iv) International agreements and 

qualifying non-binding instruments, 

such as project annexes and other 

similar instruments, for which the 

principal function is to establish 

technical details for the implementation 

of a specific project undertaken 

pursuant to another agreement or 

qualifying nonbinding instrument that 

has been published in accordance with 

1 U.S.C. 112b(b)(1) or (2); 

(v) International agreements and 

qualifying non-binding instruments that 

have been separately published by a 

depositary or other similar 

administrative body, except that the 

information described in § 181.8(a)(3) 

and (6) relating to such international 

agreements and qualifying non-binding 

instruments shall be made available to 

the public on the website of the 

Department of State in accordance with 

paragraph (c) of this section; and 

(vi) any international agreements and 

qualifying non-binding instruments 

within one of the above categories that 

had not been published as of September 

19, 2023, unless, in the case of such a 

non-binding instrument, the instrument 

is the subject of a written 

communication from the Chair or 

Ranking Member of either the 

Committee on Foreign Relations of the 

Senate or the Committee on Foreign 

Affairs of the House of Representatives 

to the Secretary in accordance with 1 

U.S.C. 112b(k)(5)(A)(ii)(II). 

(2) Pursuant to 1 U.S.C. 112a(b), any 

international agreements and qualifying 

non-binding instruments in the 

possession of the Department of State, 

other than those in paragraph (d)(1)(i) of 

this section, but not published will be 

made available upon request by the 

Department of State. 

(3) Pursuant to 1 U.S.C. 112b(l)(1), 

nothing in the Act may be construed to 

authorize the withholding from 

disclosure to the public of any record if 

such disclosure is required by law. 

§ 181.10 Definition of ‘‘text’’. 

(a) In accordance with 1 U.S.C. 

112b(k)(7), the term ‘‘text’’ with respect 

to an international agreement or 

qualifying non-binding instrument 

includes: 

(1) Any annex, appendix, codicil, side 

agreement, side letter, or any document 

of similar purpose or function to the 

aforementioned, regardless of the title of 

the document, that is entered into 

contemporaneously and in conjunction 

with the international agreement or 

qualifying non-binding instrument; and 

(2) Any implementing agreement or 

arrangement, or any document of 

similar purpose or function to the 

aforementioned regardless of the title of 

the document, that is entered into 

contemporaneously and in conjunction 

with the international agreement or 

qualifying non-binding instrument. 

(b) 1 U.S.C. 112b(k)(7) further 

provides that, as used in this definition, 

the term ‘‘contemporaneously and in 

conjunction with’’: 

(1) Shall be construed liberally; and 

(2) May not be interpreted to require 

any action to have occurred 

simultaneously or on the same day. 

Joshua L. Dorosin, 

Deputy Legal Adviser, Department of State. 

[FR Doc. 2023–21666 Filed 9–29–23; 8:45 am] 

BILLING CODE 4710–08–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R02–OAR–2021–0871; FRL–11226– 

02–R2] 

Air Plan Approval; New Jersey; 

Redesignation of the Warren County 

1971 Sulfur Dioxide Nonattainment 

Area to Attainment and Approval of the 

Area’s Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On November 15, 2021, the 

New Jersey Department of 

Environmental Protection (NJDEP) 

submitted a request for the 

Environmental Protection Agency (EPA) 

to approve the redesignation of the New 

Jersey portion of the Northeast 

Pennsylvania-Upper Delaware Valley 

Interstate Air Quality Control Region 

(Warren County, New Jersey) from 

nonattainment to attainment for the 

1971 Sulfur Dioxide (SO2) National 

Ambient Air Quality Standards 

(NAAQS). In conjunction with its 

redesignation request, NJDEP submitted 

a State Implementation Plan (SIP) 

revision containing a limited 

maintenance plan and its associated 

contingency measures for the Warren 

County 1971 SO2 Nonattainment Area 

(Warren County SO2 NAA) to ensure 


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67652 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

that attainment of the SO2 NAAQS will 

continue to be maintained. The EPA is 

taking final action to approve the 

requested SIP revision and to 

redesignate the Warren County SO2

NAA from nonattainment to attainment 

for the 1971 SO2 NAAQS. 

DATES: This final rule is effective on 

October 2, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2021–0871. 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, e.g., Controlled Unclassified 

Information (CUI) (formally referred to 

as 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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, New York, New York 10007– 

1866, at (212) 637–3702, or by email at 

Fradkin.Kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What is the background for this action? 

II. Environmental Justice Considerations 

III. What comments were received in 

response to the EPA’s proposed action? 

IV. What action is the EPA taking? 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On August 14, 2023, the EPA 

proposed to redesignate the Warren 

County SO2 NAA to attainment for the 

3-hour, 24-hour, and annual 1971 SO2

NAAQS, based on the demonstrated 

compliance with the requirements of the 

redesignation criteria provided under 

CAA section 107(d)(3)(E). The EPA also 

proposed to approve the limited 

maintenance plan as a revision to the 

New Jersey SIP. NJDEP submitted the 

redesignation request and SIP revision 

on November 15, 2021. 

The specific details of New Jersey’s 

redesignation request and SIP revision, 

and the rationale for the EPA’s approval 

action are explained in the EPA’s 

proposed rulemaking and are not 

restated in this final action. For this 

detailed information, the reader is 

referred to the EPA’s August 14, 2023, 

proposed rulemaking (88 FR 54983). 

II. Environmental Justice 

Considerations 

NJDEP provided a supplement to its 

SIP submission on March 16, 2023, 

which described New Jersey’s programs 

and initiatives addressing the needs of 

communities with Environmental 

Justice (EJ) concerns. 

The EPA performed an EJ analysis for 

the Warren County SO2 NAA for the 

purpose of providing additional context 

and information about this rulemaking 

to the public and not as a basis for the 

action. 

On August 14, 2023, we proposed to 

find that action would not have or lead 

to disproportionately high or adverse 

human health or environmental effects 

on communities with EJ concerns. For 

the specific details regarding the EPA’s 

evaluation of EJ considerations, the 

reader is referred to the August 14, 

2023, proposed rulemaking (88 FR 

54983, 54994–54995). 

III. What comments were received in 

response to the EPA’s proposed action? 

The EPA provided a 30-day review 

and comment period for the August 14, 

2023, proposed rule. The comment 

period ended on September 13, 2023. 

The EPA received no comments on the 

proposed action. 

IV. What action is the EPA taking? 

The EPA has evaluated New Jersey’s 

redesignation request and determined 

that it meets the redesignation criteria 

provided under CAA section 

107(d)(3)(E) and is consistent with 

Agency regulations and policy. The EPA 

is approving New Jersey’s request to 

redesignate the Warren County SO2

NAA to attainment for the 3-hour, 24- 

hour, and annual 1971 SO2 NAAQS. 

Additionally, the EPA is approving the 

maintenance plan for the Warren 

County SO2 NAA pursuant to section 

175A of the CAA. 

In accordance with 5 U.S.C. 553(d) of 

the Administrative Procedure Act 

(APA), the EPA finds there is good 

cause for this action to become effective 

immediately upon publication. The 

immediate effective date for this action 

is authorized under 5 U.S.C. 553(d)(1). 

Section 553(d)(1) of the APA provides 

that final rules shall not become 

effective until 30 days after publication 

in the Federal Register ‘‘except . . . a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction.’’ The purpose of this 

provision is to ‘‘give affected parties a 

reasonable time to adjust their behavior 

before the final rule takes effect.’’ 

Omnipoint Corp. v. Fed. Commc’n 

Comm’n, 78 F.3d 620, 630 (D.C. Cir. 

1996); see also United States v. 

Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 

1977) (quoting legislative history). 

However, when the agency grants or 

recognizes an exemption or relieves a 

restriction, affected parties do not need 

a reasonable time to adjust because the 

effect is not adverse. The EPA has 

determined that this rule relieves a 

restriction because this rule relieves 

sources in the area of Nonattainment 

New Source Review (NNSR) permitting 

requirements; instead, upon the 

effective date of this action, sources will 

be subject to less restrictive Prevention 

of Significant Deterioration (PSD) 

permitting requirements. For this 

reason, the EPA finds good cause under 

5 U.S.C. 553(d)(1) for this action to 

become effective on the date of 

publication of this action. 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve State choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 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 


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Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 67653 

• 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 the 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 it 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. The 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.’’ The 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.’’ 

NJDEP evaluated EJ considerations as 

part of its SIP submittal even though the 

CAA and applicable implementing 

regulations neither prohibit nor require 

an evaluation. The EPA’s evaluation of 

the NJDEP’s environmental justice 

considerations is described above in the 

section titled, ‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, not as a basis 

of the action. The EPA is taking action 

under the CAA on reasoning 

independent of the NJDEP’s evaluation 

of environmental justice. Due to the 

nature of this action, it is expected to 

have a neutral to positive impact on the 

air quality of the affected area. 

This action is subject to the 

Congressional Review Act, and the EPA 

will submit a rule report to each House 

of the Congress and the Comptroller 

General of the United States. This action 

is not a ‘‘major rule’’ as defined by 5 

U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 1, 

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 may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Lisa Garcia, 

Regional Administrator, Region 2. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended 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 FF—New Jersey 

■ 2. In § 52.1570, the table in paragraph 

(e) is amended by adding the entry for 

‘‘1971 Sulfur Dioxide Redesignation 

Request and Maintenance Plan for the 

Warren County Area’’, at the end of the 

table to read as follows: 

§ 52.1570 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NEW JERSEY NONREGULATORY AND QUASI-REGULATORY PROVISIONS

SIP element Applicable geographic or 

nonattainment area 

New Jersey 

submittal date EPA approval date Explanation 

*******

1971 Sulfur Dioxide Redesignation Request and 

Maintenance Plan for the 

Warren County Area.

New Jersey portion of the Northeast Pennsylvania-Upper Delaware Valley Interstate Air Quality Control Region (Warren 

County, New Jersey).

November 15, 2021 ....................... October 2, 2023, 

[insert Federal 

Register citation].

• Full approval. 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.331 the table entitled ‘‘New 

Jersey—1971 Sulfur Dioxide NAAQS’’ is 

amended by revising the entries under 

‘‘Northeast Pennsylvania-Upper 

Delaware Valley Interstate AQCR’’ to 

read as follows: 

§ 81.331 New Jersey. 


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67654 Federal Register / Vol. 88, No. 189 / Monday, October 2, 2023 / Rules and Regulations 

NEW JERSEY—1971 SULFUR DIOXIDE NAAQS 

[Primary and secondary] 

Designated area 

Does not 

meet primary 

standards 

Does not 

meet secondary 

standards 

Cannot be 

classified 

Better than 

national 

standards 

*******

Northeast Pennsylvania-Upper Delaware Valley Interstate AQCR: 

The Township of Harmony .................................................................. .......................... ............................ ........................ X 

The Township of White ....................................................................... .......................... ............................ ........................ X 

The Township of Oxford ..................................................................... .......................... ............................ ........................ X 

The Township of Belvidere ................................................................. .......................... ............................ ........................ X 

Portions of Liberty Township .............................................................. .......................... ............................ ........................ X 

Portions of Mansfield Township .......................................................... .......................... ............................ ........................ X 

Remainder of AQCR ........................................................................... .......................... ............................ ........................ X 

* * * * * 

[FR Doc. 2023–21700 Filed 9–29–23; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 54 

[WC Docket No. 21–450; FCC 23–62; FR 

ID 173798] 

Affordable Connectivity Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Federal Communications 

Commission (FCC) is correcting a final 

rule that appeared in the Federal 

Register on September 1, 2023. The 

document issued a final rule to establish 

the enhanced discounts available for 

monthly broadband services provided in 

high-cost areas by participants in the 

Affordable Connectivity Program (ACP). 

DATES: Effective October 2, 2023. 

FOR FURTHER INFORMATION CONTACT: For 

further information, please contact, 

Travis Hahn, Attorney Advisor, 

Telecommunications Access Policy 

Division, Wireline Competition Bureau, 

at Travis.Hahn@fcc.gov or 202–418– 

7400. 

SUPPLEMENTARY INFORMATION: 

Correction 

In FR Doc. 2023–18621, appearing on 

page 60347 in the Federal Register of 

Friday, September 1, 2023, the 

following corrections are made: 

§ 54.1814 [Corrected] 

■ 1. On Page 60355, in the third column, 

in part 54, in paragraph (b), ‘‘(2)’’ is 

corrected to read as ‘‘(3)’’. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2023–21292 Filed 9–29–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 220523–0193; RTID 0648– 

XD386] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries; 

General Category October Through 

November Time Period Quota Transfer 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 25 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the Reserve category 

to the General category October through 

November time period resulting in an 

adjusted October through November 

time period subquota of 117.4 mt and a 

Reserve category quota of 87.2 mt. This 

action would affect Atlantic Tunas 

General category (commercial) 

permitted vessels and Highly Migratory 

Species (HMS) Charter/Headboat 

permitted vessels with a commercial 

sale endorsement when fishing 

commercially for BFT. 

DATES: The transfer is effective 

September 28, 2023, through November 

30, 2023. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Crawford, lisa.crawford@noaa.gov, 301– 

427–8503; or Larry Redd, Jr., 

larry.redd@noaa.gov, 301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

As described in § 635.27(a), the 

current baseline U.S. BFT quota is 

1,316.14 metric tons (mt) (not including 

the 25 mt ICCAT allocated to the United 

States to account for bycatch of BFT in 

pelagic longline fisheries in the 

Northeast Distant Gear Restricted Area). 

The baseline quotas for the General and 

Reserve categories are 710.7 mt and 38.2 

mt, respectively. The General category 

baseline quota is suballocated to 

different time periods. Relevant to this 

action, the baseline subquota for the 

October to November time period is 92.4 

mt. To date, NMFS has published 

several actions that resulted in 

adjustments to the Reserve category 

quota, including the allowable carryover 

of underharvest from 2022 to 2023, 

resulting in an adjusted Reserve 

category quota of 112.2 mt (88 FR 

48136, July 26, 2023; 88 FR 64385, 


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