Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 34949 

In accordance with the general 

regulations in 33 CFR part 165, subpart 

C, no vessel operator may enter, transit, 

moor, or anchor within this safety zone, 

except for vessels authorized by the 

Captain of the Port, Puget Sound or her 

designated representative. All vessel 

operators desiring entry into this safety 

zone shall gain prior authorization by 

contacting either the on-scene patrol 

craft on VHF Ch. 13 or Ch. 16, or Coast 

Guard Sector Puget Sound Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6002. Vessel operators 

granted individual permission to enter 

this safety zone will be escorted by the 

on-scene patrol until no longer within 

the safety zone. 

In addition to this notice of 

enforcement in the Federal Register, the 

Coast Guard will provide the maritime 

community with advanced notification 

of the safety zone via the Local Notice 

to Mariners and marine information 

broadcasts. If the Captain of the Port 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice of enforcement, he 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

regulated area. 

Dated: July 18, 2018. 

M.M. Balding, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port, Puget Sound. 

[FR Doc. 2018–15757 Filed 7–23–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0171; FRL–9980– 

01—Region 9] 

Approval of California Plan Revisions; 

Northern Sonoma County Air Pollution 

Control District; Stationary Source 

Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Northern 

Sonoma County Air Pollution Control 

District (NSCAPCD or District) portion 

of the California State Implementation 

Plan (SIP). These revisions concern the 

District’s prevention of significant 

deterioration (PSD) permitting program 

for new and modified sources of air 

pollution. We are approving local rules 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on August 

23, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2018–0171. All 

documents in the docket are listed on 

the http://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 http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: T. 

Khoi Nguyen, EPA Region IX, (415) 

947–4120, nguyen.thien@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On April 4, 2018, the EPA proposed 

an approval of Rules 130—Definitions, 

220—New Source Review, and 230— 

Action on Applications, as noted in 

Table 1, submitted by the California Air 

Resources Board (CARB) for 

incorporation into the NSCAPCD 

portion of the California SIP. 81 FR 

69390. Table 1 also lists the dates the 

rules were adopted by the NSCAPCD 

and submitted by CARB, which is the 

governor’s designee for California SIP 

submittals. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Amended Submitted 

NSCAPCD ....................................................... 130 Definitions ....................................................... 5/3/2017 6/12/17 

NSCAPCD ....................................................... 220 New Source Review ....................................... 5/3/2017 6/12/17 

NSCAPCD ....................................................... 230 Action on Applications .................................... 5/3/2017 6/12/17 

Rules 130, 220, and 230 contain the 

requirements for review and permitting 

of individual stationary sources in the 

NSCAPCD. We proposed to approve 

these rules because we determined that 

they comply with the relevant CAA 

requirements. The changes the District 

made to the rules listed above resolve 

the limited disapproval issues identified 

in a previous action. 81 FR 69390 

(October 6, 2016). The EPA listed four 

items that need addressing for the three 

rules with limited approval to become 

fully approved—listing lead as a 

pollutant and indicating a significant 

emission rate, requiring provisions for 

air quality modeling based on 

applicable models, databases, and other 

requirements as specified in Part 51 

Appendix W, correcting a typographic 

error, and including specific language 

regarding source obligations. The 

revisions to the three submitted rules 

address these four deficiencies. 

We are now finalizing approval of 

Rules 130, 220, and 230 because we 

have determined these rules satisfy all 

of the statutory and regulatory 

requirements for an NSR permit 

program (including the PSD program) as 

set forth in the applicable provisions of 

part C of title I of the Act and in 40 CFR 

51.165 and 40 CFR 51.307. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received six comments. 

Only one comment pertained to the 

action. This comment was submitted by 

the NSCAPCD expressing support for 

the EPA’s proposed action. The 

NSCAPCD states that this action will 

help the District maintain its portion of 

the California SIP in good standing. The 

EPA thanks the NSCAPCD for its 

support of our proposed action. 

The comments have been added to the 

docket for this action and are accessible 

at www.regulations.gov. 


jstallworth on DSKBBY8HB2PROD with RULES
34950 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

NSCAPCD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

available through www.regulations.gov 

and at the EPA Region IX 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 EPA 

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 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); 

• Is not an Executive Order 13771 (82 

FR 9339, February 3, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• 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). 

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, these rules do 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 

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 these rules 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 September 24, 2018. Filing a 

petition for reconsideration by the 

Administrator of these final rules does 

not affect the finality of these rules 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 rules or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 12, 2018. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(480)(i)(A)(5) 

through (7) and (c)(504)(i)(B) to read as 

follows: 

§ 52.220 Identification of plan-in part. 

* * * * * 

(c) * * * 

(480) * * * 

(i) * * * 

(A) * * * 

(5) Previously approved on October 6, 

2016, in paragraph (c)(480)(i)(A)(1) of 

this section and now deleted with 

replacement in (c)(504)(i)(B)(1), Rule 

130, ‘‘Definitions’’ adopted on 

November 14, 2014. 

(6) Previously approved on October 6, 

2016, in paragraph (c)(480)(i)(A)(3) of 

this section and now deleted with 

replacement in (c)(504)(i)(B)(2), Rule 

220, ‘‘New Source Review’’ adopted on 

November 14, 2014. 

(7) Previously approved on October 6, 

2016, in paragraph (c)(480)(i)(A)(4) of 

this section and now deleted with 

replacement in (c)(504)(i)(B)(3), Rule 

230, ‘‘Action on Applications’’ adopted 

on November 14, 2014. 

* * * * * 

(504) * * * 

(i) * * * 

(B) Northern Sonoma County Air 

Pollution Control District. 

(1) Rule 130, ‘‘Definitions,’’ amended 

on May 3, 2017. 

(2) Rule 220, ‘‘New Source Review 

Standards (including PSD 

Evaluations),’’ amended on May 3, 2017. 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations 34951 

(3) Rule 230, ‘‘Action on 

Applications,’’ amended on May 3, 

2017. 

* * * * * 

[FR Doc. 2018–15727 Filed 7–23–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0907271173–0629–03] 

RIN 0648–XG357 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2018 

Commercial Accountability Measure 

and Closure for South Atlantic Snowy 

Grouper 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for 

commercial snowy grouper in the 

exclusive economic zone (EEZ) of the 

South Atlantic. NMFS projects 

commercial landings for snowy grouper 

will reach the commercial annual catch 

limit (ACL) by July 24, 2018. Therefore, 

NMFS closes the commercial sector for 

snowy grouper in the South Atlantic 

EEZ on July 24, 2018, and it will remain 

closed until the start of the next 

commercial fishing season on January 1, 

2019. This closure is necessary to 

protect the snowy grouper resource. 

DATES: This rule is effective 12:01 a.m., 

local time, July 24, 2018, until 12:01 

a.m., local time, January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes snowy grouper and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. 

The commercial ACL (commercial 

quota) for snowy grouper in the South 

Atlantic is 144,315 lb (65,460 kg), gutted 

weight, 170,291 lb (77,243 kg), round 

weight, for the current fishing year, 

January 1 through December 31, 2018, 

as specified in 50 CFR 622.190(a)(1)(iv). 

Under 50 CFR 622.193(b)(1), NMFS is 

required to close the commercial sector 

for snowy grouper when the commercial 

quota is reached or projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. NMFS projects that 

commercial landings of South Atlantic 

snowy grouper, as estimated by the 

Science and Research Director, will 

reach the commercial quota by July 24, 

2018. Accordingly, the commercial 

sector for South Atlantic snowy grouper 

is closed effective 12:01 a.m., local time, 

July 24, 2018, until 12:01 a.m., local 

time, January 1, 2019. 

The operator of a vessel with a valid 

commercial vessel permit for South 

Atlantic snapper-grouper having snowy 

grouper on board must have landed and 

bartered, traded, or sold such snowy 

grouper prior to 12:01 a.m., local time, 

July 24, 2018. During the commercial 

closure, harvest and possession of 

snowy grouper in or from the South 

Atlantic EEZ is limited to the bag and 

possession limits, as specified in 

§ 622.187(b)(2)(ii) and (c)(1). Also 

during the commercial closure, the sale 

or purchase of snowy grouper taken 

from the EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to the sale or purchase of snowy 

grouper that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, July 24, 2018, and were held 

in cold storage by a dealer or processor. 

For a person on board a vessel for 

which a Federal commercial or charter 

vessel/headboat permit for the South 

Atlantic snapper-grouper fishery has 

been issued, the bag and possession 

limits and the sale and purchase 

provisions of the commercial closure for 

snowy grouper would apply regardless 

of whether the fish are harvested in state 

or Federal waters, as specified in 50 

CFR 622.190(c)(1)(ii). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of snowy grouper and the 

South Atlantic snapper-grouper fishery 

and is consistent with the MagnusonStevens Act and other applicable laws. 

This action is taken under 50 CFR 

622.193(b)(1) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act, because the temporary rule is 

issued without opportunity for prior 

notice and comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA), finds that the need to 

immediately implement this action to 

close the commercial sector for snowy 

grouper constitutes good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth in 5 

U.S.C. 553(b)(B), as such procedures 

would be unnecessary and contrary to 

the public interest. Such procedures are 

unnecessary because the implementing 

final rule for these AMs has already 

been subject to notice and comment, 

and all that remains is to notify the 

public of the closure. Such procedures 

are contrary to the public interest 

because of the need to immediately 

implement this action to protect snowy 

grouper since the capacity of the fishing 

fleet allows for rapid harvest of the 

commercial quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest well in excess of the 

established commercial quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: July 18, 2018. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–15791 Filed 7–19–18; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 170816769–8162–02] 

RIN 0648–XG309 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reapportionment of 

the 2018 Gulf of Alaska Pacific Halibut 

Prohibited Species Catch Limits for the 

Trawl Deep-Water and Shallow-Water 

Fishery Categories 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; 

reapportionment. 

SUMMARY: NMFS is reapportioning the 

seasonal apportionments of the 2018 


jstallworth on DSKBBY8HB2PROD with RULES