Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations 10711 

J. National Environmental Policy Act 

This rule does not constitute a major 

Federal action significantly affecting the 

quality of the human environment. A 

detailed statement under the National 

Environmental Policy Act of 1969 

(NEPA) is not required because the rule 

is covered by a categorical exclusion 

(see 43 CFR 46.210(i)). As a regulation 

of an administrative nature, this rule is 

covered by a categorical exclusion (see 

43 CFR 46.210(i)). Therefore, a detailed 

statement under NEPA is not required. 

We have also determined that the rule 

does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under NEPA. 

K. Effects on the Energy Supply (E.O. 

13211) 

This rule is not a significant energy 

action under the definition in E.O. 

13211. Therefore, a Statement of Energy 

Effects is not required. 

List of Subjects 

30 CFR Part 550 

Administrative practice and 

procedure, Continental shelf, 

Environmental impact statements, 

Environmental protection, Federal 

lands, Government contracts, 

Investigations, Mineral resources, Oil 

and gas exploration, Outer continental 

shelf, Penalties, Pipelines, Reporting 

and recordkeeping requirements, Rightsof-way, Reporting and recordkeeping 

requirements, Sulphur. 

30 CFR Part 553 

Administrative practice and 

procedure, Continental shelf, Financial 

responsibility, Outer continental shelf, 

Oil and gas exploration, Oil pollution, 

Liability, Limit of liability, Penalties, 

Pipelines, Reporting and recordkeeping 

requirements, Rights-of-way, Surety 

bonds, Treasury securities. 

Dated: February 3, 2017. 

Richard T. Cardinale, 

Acting Assistant Secretary—Land and 

Minerals Management. 

For the reasons stated in the 

preamble, the BOEM adopts as final the 

interim final rule amending 30 CFR 

parts 550 and 553, which was published 

at 81 FR 43066 on July 1, 2016, as a final 

rule with the following changes: 

PART 550—OIL AND GAS AND 

SULPHUR OPERATIONS IN THE 

OUTER CONTINENTAL SHELF 

■ 1. The authority citation for part 550 

continues to read as follows: 

Authority: 30 U.S.C. 1751; 31 U.S.C. 9701; 

43 U.S.C. 1334. 

■ 2. Revise § 550.1403 to read as 

follows: 

§ 550.1403 What is the maximum civil 

penalty? 

The maximum civil penalty is 

$42,704 per day per violation. 

PART 553—OIL SPILL FINANCIAL 

RESPONSIBILITY FOR OFFSHORE 

FACILITIES 

■ 3. The authority citation for part 553 

continues to read as follows: 

Authority: 33 U.S.C. 2704, 2716; E.O. 

12777, as amended. 

■ 4. In § 553.51, revise paragraph (a) to 

read as follows: 

§ 553.51 What are the penalties for not 

complying with this part? 

(a) If you fail to comply with the 

financial responsibility requirements of 

OPA at 33 U.S.C. 2716 or with the 

requirements of this part, then you may 

be liable for a civil penalty of up to 

$45,268 per COF per day of violation 

(that is, each day a COF is operated 

without acceptable evidence of OSFR). 

* * * * * 

[FR Doc. 2017–02983 Filed 2–14–17; 8:45 am] 

BILLING CODE 4310–MR–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2016–0382; FRL–9959–43– 

OAR] 

RIN 2060–AT15 

Revisions to Procedure 2—Quality 

Assurance Requirements for 

Particulate Matter Continuous 

Emission Monitoring Systems at 

Stationary Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Because the Environmental 

Protection Agency (EPA) received an 

adverse comment, we are withdrawing 

the direct final rule titled, ‘‘Revisions to 

Procedure 2—Quality Assurance 

Requirements for Particulate Matter 

Continuous Emission Monitoring 

Systems at Stationary Sources.’’ 

DATES: Effective February 15, 2017, the 

EPA withdraws the direct final rule 

published at 81 FR 83160, on November 

21, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this action should 

be addressed to Ms. Kimberly Garnett, 

U.S. Environmental Protection Agency, 

Office of Air Quality Planning and 

Standards, Air Quality Assessment 

Division, Measurement Technology 

Group (E143–02), Research Triangle 

Park, NC 27711; telephone number: 

(919) 541–1158; fax number: (919) 541– 

0516; email address: garnett.kim@

epa.gov. 

SUPPLEMENTARY INFORMATION: The direct 

final rule, ‘‘Revisions to Procedure 2— 

Quality Assurance Requirements for 

Particulate Matter Continuous Emission 

Monitoring Systems at Stationary 

Sources,’’ published on November 21, 

2016, at 81 FR 83160. We stated in that 

direct final rule that if we received 

adverse comment by December 21, 

2016, the direct final rule would not 

take effect and we would publish a 

timely withdrawal in the Federal 

Register. We subsequently received 

adverse comment on that direct final 

rule requesting that the EPA delete or 

reserve section(s) in the rule that 

conflict with the intended revisions. We 

will address the comment in a 

subsequent final action, which will be 

based on the parallel proposed rule also 

published on November 21, 2016, at 81 

FR 83189. As stated in the direct final 

rule and the parallel proposed rule, we 

will not institute a second comment 

period on this action. 

List of Subjects in 40 CFR Part 60 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Continuous 

emission monitoring systems, 

Particulate matter, Procedures. 

Dated: February 8, 2017. 

Sarah Dunham, 

Acting Assistant Administrator. 

[FR Doc. 2017–03063 Filed 2–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9959–26–OAR] 

Allocations of Cross-State Air 

Pollution Rule Allowances From New 

Unit Set-Asides for the 2016 

Compliance Year 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of data availability 

(NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of 

emission allowance allocations to 

certain units under the new unit setaside (NUSA) provisions of the Crossmstockstill on DSK3G9T082PROD with RULES

10712 Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations 

1See 40 CFR 97.411(c), 97.611(c), and 97.711(c). 

State Air Pollution Rule (CSAPR) 

federal implementation plans (FIPs). 

EPA has completed final calculations 

for the second round of NUSA 

allowance allocations for the 2016 

compliance year of the CSAPR NOX

Annual, SO2 Group 1, and SO2 Group 2 

Trading Programs. EPA has posted 

spreadsheets showing the second-round 

2016 NUSA allocations of CSAPR NOX

Annual, SO2 Group 1, and SO2 Group 2 

allowances to new units as well as the 

allocations to existing units of the 

remaining CSAPR NOX Annual, SO2

Group 1, and SO2 Group 2 allowances 

not allocated to new units in either 

round of the 2016 NUSA allocation 

process. EPA will record the allocated 

CSAPR NOX Annual, SO2 Group 1, and 

SO2 Group 2 allowances in sources’ 

Allowance Management System (AMS) 

accounts by February 15, 2017. 

DATES: February 15, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this action should 

be addressed to Robert Miller at (202) 

343–9077 or miller.robertl@epa.gov or to 

Kenon Smith at (202) 343–9164 or 

smith.kenon@epa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

CSAPR FIPs, a portion of each state 

budget for each of the CSAPR trading 

programs is reserved as a NUSA from 

which allowances are allocated to 

eligible units through an annual one- or 

two-round process. EPA has described 

the CSAPR NUSA allocation process in 

five NODAs previously published in the 

Federal Register: 81 FR 33636 (May 27, 

2016); 81 FR 50630 (August 2, 2016); 81 

FR 63156 (September 14, 2016); 81 FR 

80593 (November 16, 2016) and 81 FR 

89035 (December 9, 2016). In the most 

recent of these previous NODAs, EPA 

provided notice of preliminary lists of 

new units eligible for second-round 

2016 NUSA allocations of CSAPR NOX

Annual, SO2 Group 1, and SO2 Group 2 

allowances and provided an 

opportunity for the public to submit 

objections. 

EPA received no objections to the 

preliminary lists of new units eligible 

for second-round 2016 NUSA 

allocations of CSAPR NOX Annual, SO2

Group 1, or SO2 Group 2 allowances 

whose availability was announced in 

the December 9 NODA. EPA is therefore 

making second-round 2016 NUSA 

allocations of CSAPR NOX Annual, SO2

Group 1, and SO2 Group 2 allowances 

to the new units identified on these lists 

in accordance with the procedures set 

forth in 40 CFR 97.412(a)(9) and (12), 

97.612(a)(9) and (12), and 97.712(a)(9) 

and (12). 

As described in the December 9 

NODA, any allowances remaining in the 

CSAPR NOX Annual, SO2 Group 1, and 

SO2 Group 2 NUSAs for a given state 

and control period after the second 

round of NUSA allocations to new units 

is completed are to be allocated to the 

existing units in the state according to 

the procedures set forth in 40 CFR 

97.412(a)(10) and (12), 97.612(a)(10) and 

(12), and 97.712(a)(10) and (12). EPA 

has determined that CSAPR NOX

Annual, SO2 Group 1, and SO2 Group 2 

allowances do remain in the NUSAs for 

a number of states following completion 

of second-round 2016 NUSA 

allocations; accordingly, EPA is 

allocating these allowances to existing 

units. The NUSA allowances are 

generally allocated to the existing units 

in proportion to the allocations 

previously made to the existing units 

under 40 CFR 97.411(a)(1), 97.611(a)(1), 

and 97.711(a)(1), adjusted for rounding. 

Under 40 CFR 97.412(b)(10), 

97.612(b)(10), and 97.712(b)(10), any 

allowances remaining in the CSAPR 

NOX Annual, SO2 Group 1, and SO2

Group 2 Indian country NUSAs for a 

given state and control period after the 

second round of Indian country NUSA 

allocations to new units are added to the 

NUSA for that state or are made 

available for allocation by the state 

pursuant to an approved SIP revision. 

No new units eligible for allocations of 

CSAPR NOX Annual, SO2 Group 1, and 

SO2 Group 2 allowances from any 2016 

Indian country NUSA have been 

identified, and no state has an approved 

SIP revision governing allocation of 

2016 CSAPR NUSA allowances. The 

Indian country NUSA allowances are 

therefore being added to the NUSAs for 

the respective states and are included in 

the pools of allowances that are being 

allocated to existing units under 40 CFR 

97.412(b)(10) and (12), 97.612(b)(10) 

and (12), and 97.712(b)(10) and (12). 

The final unit-by-unit data and 

allowance allocation calculations are set 

forth in Excel spreadsheets titled 

‘‘CSAPR_NUSA_2016_NOx_Annual_

2nd_Round_Final_Data_New_Units’’, 

‘‘CSAPR_NUSA_2016_SO2_2nd_

Round_Final_Data_New_Units’’, 

‘‘CSAPR_NUSA_2016_NOx_Annual_

2nd_Round_Final_Data_Existing_

Units’’, and ‘‘CSAPR_NUSA_2016_SO2_

2nd_Round_Final_Data_Existing_

Units’’, available on EPA’s Web site at 

https://www.epa.gov/csapr/csaprcompliance-year-2016-nusa-nodas. 

Pursuant to CSAPR’s allowance 

recordation timing requirements, the 

allocated NUSA allowances will be 

recorded in sources’ AMS accounts by 

February 15, 2017. EPA notes that an 

allocation or lack of allocation of 

allowances to a given unit does not 

constitute a determination that CSAPR 

does or does not apply to the unit. EPA 

also notes that NUSA allocations of 

CSAPR NOX Annual, SO2 Group 1, and 

SO2 Group 2 allowances are subject to 

potential correction if a unit to which 

NUSA allowances have been allocated 

for a given compliance year is not 

actually an affected unit as of January 1 

of the compliance year.1

Authority: 40 CFR 97.411(b), 97.611(b), 

and 97.711(b). 

January 27, 2017. 

Richard Haeuber, 

Acting Director, Clean Air Markets Division, 

Office of Atmospheric Programs, Office of 

Air and Radiation. 

[FR Doc. 2017–03069 Filed 2–14–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0705; FRL–9957–00] 

Thiamethoxam; Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of thiamethoxam 

in or on bananas. Syngenta Crop 

Protection, LLC requested this tolerance 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

February 15, 2017. Objections and 

requests for hearings must be received 

on or before April 17, 2017, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0705, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

mstockstill on DSK3G9T082PROD with RULES