85160 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations 

Latitude Longitude 

39°57′04.3′′ N 075°07′57.3′′ W 

39°56′51.7′′ N 075°08′01.3′′ W 

39°56′35.5′′ N 075°08′03.1′′ W 

39°56′02.8′′ N 075°08′02.0′′ W 

39°55′34.7′′ N 075°07′54.5′′ W 

39°54′45.7′′ N 075°07′32.5′′ W 

39°54′33.8′′ N 075°07′32.9′′ W 

39°54′25.2′′ N 075°07′36.1′′ W 

(DATUM: NAD 83) 

(ii) The area between No. 2 Broadway 

pier and No. 1 Broadway pier is 

restricted to facilitate vessel movements. 

The areas adjacent to working piers are 

restricted to facilitate the movement of 

vessels to and from these piers. Should 

the anchorage become so congested that 

vessels are compelled to anchor in these 

restricted areas, they must move 

immediately when another berth is 

available. 

(14) Anchorage 13 at Camden. East of 

the channel, north of the Benjamin 

Franklin Bridge to Cooper Point, 

Camden, NJ, in the waters bounded by 

a line connecting the following points: 

Latitude Longitude 

39°57′17.0′′ N 075°07′58.0′′ W 

39°57′22.3′′ N 075°07′55.9′′ W 

39°57′32.0′′ N 075°07′49.4′′ W 

39°57′39.2′′ N 075°07′39.7′′ W 

39°57′34.9′′ N 075°07′34.7′′ W 

39°57′21.2′′ N 075°07′49.8′′ W 

39°57′15.1′′ N 075°07′52.7′′ W 

(DATUM: NAD 83) 

* * * * * 

Dated: November 7, 2016. 

Meredith L. Austin, 

Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2016–28405 Filed 11–23–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–1029] 

Drawbridge Operation Regulation; 

Northeast Cape Fear River, 

Wilmington, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the CSX Hilton 

Railroad Bridge across the Northeast 

Cape Fear River, mile 1.5, at 

Wilmington, NC. This deviation is 

necessary to manually operate the 

bridge and perform emergency bridge 

repairs. This deviation allows the bridge 

to remain in the closed-to-navigation 

position. 

DATES: This deviation is effective 

without actual notice from November 

25, 2016 through 6 p.m. on December 9, 

2016. For the purposes of enforcement, 

actual notice will be used from 

November 18, 2016 at 3:45 p.m., until 

November 25, 2016. 

ADDRESSES: The docket for this 

deviation, [USCG–2016–1029] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Hal R. Pitts, 

Bridge Administration Branch Fifth 

District, Coast Guard, telephone 757– 

398–6222, email Hal.R.Pitts@uscg.mil. 

SUPPLEMENTARY INFORMATION: The CSX 

Corporation, owner and operator of the 

CSX Hilton Railroad Bridge across the 

Northeast Cape Fear River, mile 1.5, in 

Wilmington, NC, has requested a 

temporary deviation from the current 

operating regulations due to an 

electrical casualty to the submarine 

cable and electrical components caused 

by Hurricane Matthew. The bridge is 

limited to manual operation, which 

requires personnel to manually operate 

components of the bridge in locations 

where additional safety measures are 

required, limiting the bridge to daylight 

operations. The bridge is a bascule draw 

bridge and has a vertical clearance in 

the closed position of 4 feet above mean 

high water. 

The current operating schedule is set 

out in 33 CFR 117.829(b). Under this 

temporary deviation, the bridge will 

remain in the closed-to-navigation 

position and open on signal during 

daylight hours, if at least 3 hours notice 

is given. 

The Northeast Cape Fear River is used 

by a variety of vessels including small 

commercial fishing vessels, recreational 

vessels and tugs and barges. The Coast 

Guard has carefully coordinated the 

restrictions with waterway users. 

Vessels able to safely pass through the 

bridge in the closed position may do so 

at any time. The bridge will not be able 

to open for emergencies and there is no 

immediate alternate route for vessels to 

pass. The Coast Guard will also inform 

the users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessel operators can 

arrange their transit to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: November 18, 2016. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2016–28331 Filed 11–23–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2016–0591; FRL–9955–48– 

Region 10] 

Air Plan Approval: AK; Permitting Fees 

Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve state implementation 

plan (SIP) revisions submitted by the 

State of Alaska (state) Department of 

Environmental Conservation on 

February 1, 2016. The revisions 

implement changes to permit 

administration and compliance fees 

based on the state’s fee study results. 

Changes include: The addition of 

definitions, restructuring of fee 

categories, rearranging and renumbering 

of certain fee rules, and updating cross 

references to align with the restructured 

fee rules. 

DATES: This rule is effective on January 

24, 2017, without further notice, unless 

the EPA receives adverse comment by 

December 27, 2016. If the EPA receives 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2016–0591 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 


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Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations 85161 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Randall Ruddick at (206) 553–1999, or 

ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Analysis of Rule Updates 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

Section 110 of the Clean Air Act 

(CAA) governs the process by which a 

state submits air quality requirements to 

the EPA for approval into the State 

Implementation Plan (SIP). The SIP is a 

state’s plan to implement, maintain and 

enforce the National Ambient Air 

Quality Standards (NAAQS) set by the 

EPA. CAA section 110(a)(2)(L) requires 

SIPs to contain provisions that require 

payment of certain fees to the permitting 

authority for costs associated with 

permitting as well as implementing and 

enforcing the terms and conditions of 

permits issued. Alaska’s air quality 

regulations, including provisions 

addressing the fee requirements in CAA 

section 110(a)(2)(L), are set forth in 

Alaska Administrative Code (AAC) Title 

18 Environmental Conservation, 

Chapter 50 Air Quality Control (18 AAC 

50) and many of these provisions are 

incorporated into Alaska’s SIP. Alaska 

routinely submits revisions to the EPA 

to ensure the SIP reflects current 

administrative code and statutes in 

accordance with the CAA. On February 

1, 2016, Alaska Department of 

Environmental Conservation (ADEC) 

submitted such an update to incorporate 

recently revised portions of 18 AAC 50 

dealing with air quality permit 

administration fees, emission fees, and 

negotiated service agreements. These 

regulation changes are based on results 

of the state’s 2014 Fee Study Report. 

II. Analysis of Rule Updates 

Most recently, on September 19, 2014, 

we approved into the Alaska SIP, 

portions of 18 AAC 50.400 that relate to 

the CAA requirements of section 

110(a)(2)(L) (79 FR 56268). Specifically, 

we approved paragraphs (e), (g), (h), (i), 

and portions of (j)—requiring new 

source review permit fees and SIPapproved open burning program fees. In 

the revisions submitted on February 1, 

2016, Alaska repealed 18 AAC 50.400 

and then updated, reorganized and 

readopted the provision. The state 

requests approval of 18 AAC 50.400(d), 

(e), (f), (g), and (h), in general the 

provisions that correspond to the fee 

provisions previously approved in the 

Alaska SIP. We have reviewed the 

changes and approve the portions of the 

readopted version of 18 AAC 50.400 

that contain the requirements for 

sources to pay new source review 

permit fees and SIP-approved open 

burning program fees. Alaska also 

requested approval of revisions to 18 

AAC 50.230(c)(1)(I) and 18 AAC 

50.260(p). We are approving these 

revisions because they consist solely of 

correcting cross references to 18 AAC 

50.400 as necessary due to the 

reorganization and readopting of 18 

AAC 50.400 mentioned above. 

III. Final Action 

We are approving, and incorporating 

by reference, into the Alaska SIP the 

following revised provisions, state 

effective September 26, 2015: 18 AAC 

50.400 (except (a), (b), (c), and (i)); 18 

AAC 50.230(c)(1)(I), and 18 AAC 

50.260(p). 

IV. Incorporation by Reference 

In this rule, the EPA is approving 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, we are incorporating by reference 

the provisions described above in 

Section III. Final Action. The EPA has 

made, and will continue to make, these 

documents generally available 

electronically through http://

www.regulations.gov and/or at the EPA 

Region 10 office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the CAA, 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 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); 

• 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; 

and 

• does not provide the 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). 

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 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). 

The Congressional Review Act, 5 

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

Business Regulatory Enforcement 


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85162 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations 

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. The 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 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). 

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 January 24, 2017. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

the EPA can withdraw this direct final 

rule and address the comment in the 

proposed rulemaking. This action 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, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: November 14, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

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 C—Alaska 

■ 2. In § 52.70, the table in paragraph (c) 

is amended by revising entries 18 AAC 

50.230, 18 AAC 50.260, and 18 AAC 

50.400 to read as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES

State citation Title/subject State effective date EPA approval date Explanations 

Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

*******

18 AAC 50.230 .......... Preapproved Emission Limits ......... 9/26/15; 1/29/05 11/25/16, [Insert Federal Register 

citation]; 8/14/07, 72 FR 45378.

except (d). 

* * * * * * * 

18 AAC 50.260 .......... Guidelines for Best Available Retrofit Technology Under the Regional Haze Rule.9/26/15; 10/6/13 11/25/16, [Insert Federal Register 

citation]; 5/27/15, 80 FR 30161.

* * * * * * * 

18 AAC 50.400 .......... Permit Administration Fees ............ 9/26/15 11/25/16, [Insert Federal Register 

citation].

except (a), (b), (c), 

and (i). 

* * * * * * * 

* * * * * 

[FR Doc. 2016–28272 Filed 11–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

RIN 0648–XE284 

Pacific Island Pelagic Fisheries; 2016 

U.S. Territorial Longline Bigeye Tuna 

Catch Limits for the Territory of Guam 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Announcement of a valid 

specified fishing agreement. 

SUMMARY: NMFS announces a valid 

specified fishing agreement that 

allocates 1,000 mt of the 2016 bigeye 

tuna limit for the Territory of Guam to 

U.S. longline fishing vessels. The 

agreement supports the long-term 

sustainability of fishery resources of the 

U.S. Pacific Islands, and fisheries 

development in Guam. 

DATES: November 21, 2016. 

ADDRESSES: Copies of a 2015 

environmental assessment (EA), a 2016 

supplemental EA (2016 SEA), and a 

finding of no significant impact, 

identified by NOAA–NMFS–2015–0140, 

are available from www.regulations.gov, 

or from Michael D. Tosatto, Regional 

Administrator, NMFS Pacific Islands 

Region (PIR), 1845 Wasp Blvd., Bldg. 

176, Honolulu, HI 96818. 

Copies of the Fishery Ecosystem Plan 

for Pelagic Fisheries of the Western 

Pacific Region (Pelagic FEP) are 

available from the Western Pacific 

Fishery Management Council (Council), 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel. 808–522–8220, fax 808– 

522–8226, or www.wpcouncil.org. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Jacobs, NMFS PIRO Sustainable 

Fisheries, 808–725–5182. 

SUPPLEMENTARY INFORMATION: In a final 

rule published on September 14, 2016, 


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