Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations 2883 

Port Sector St. Petersburg, § 100.703, 

Table 1 to § 100.703, Item No. 1, 

specifies the location of the regulated 

area for the Gasparilla Invasion and 

Parade, which encompasses portions of 

Hillsborough Bay, Seddon Channel, 

Sparkman Channel and Hillsborough 

River located in Tampa, FL. Under the 

provisions of 33 CFR 100.703, all 

persons and vessels are prohibited from 

entering the regulated area, except those 

persons and vessels participating in the 

event, unless they receive permission to 

do so from the Coast Guard Patrol 

Commander, or designated 

representative. 

Under the provisions of 33 CFR 

100.703, spectator vessels may safely 

transit outside the regulated area, but 

may not anchor, block, loiter in, impede 

the transit of festival participants or 

official patrol vessels or enter the 

regulated area without approval from 

the Coast Guard Patrol Commander or a 

designated representative. The Coast 

Guard may be assisted by other Federal, 

State, or local law enforcement agencies 

in enforcing this regulation. In addition 

to this notice of enforcement in the 

Federal Register, the Coast Guard will 

provide notice of the regulated area via 

Local Notice to Mariners, Marine Safety 

Information Bulletins, Broadcast Notice 

to Mariners, and on-scene designated 

representatives. 

Dated: January 9, 2024. 

Michael P. Kahle, 

Captain, U.S. Coast Guard, Captain of the 

Port St. Petersburg. 

[FR Doc. 2024–00765 Filed 1–16–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2022–0673; FRL–10900– 

02–R5] 

Air Plan Approval; Illinois; NAAQS 

Update 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the Illinois Environmental 

Protection Agency (IEPA) on July 8, 

2022. Illinois revised its air pollution 

control rules entitled ‘‘Part 243— 

Ambient Air Quality Standards’’ and 

updated the ‘‘List of Designated 

Reference and Equivalent Methods’’ in 

response to EPA rulemakings and 

changes to the National Ambient Air 

Quality Standards (NAAQS) that EPA 

adopted in 2021. 

DATES: This final rule is effective on 

February 16, 2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2022–0673. All 

documents in the docket are listed on 

the www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays and 

facility closures due to COVID–19. We 

recommend that you telephone Daphne 

Onsay at (312) 886–5945 before visiting 

the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Daphne Onsay, Life Scientist, Control 

Strategies Section, Air Programs Branch 

(AR–18J), Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, 

(312) 886–5945, onsay.daphne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. Background Information 

On July 8, 2022, IEPA submitted a 

request to EPA to incorporate revisions 

to the Illinois air pollution control rules 

in Title 35 of the Illinois Administrative 

Code, Part 243—Air Quality Standards. 

Part 243 sets forth the NAAQS adopted 

by EPA under section 109 of the Clean 

Air Act (CAA). The submission updates 

Part 243: Sections 243.108 and 243.122, 

effective May 18, 2022. Illinois revised 

Part 243 to reflect amendments to EPA’s 

‘‘List of Designated References and 

Equivalent Methods’’ used to determine 

compliance with the NAAQS (fine 

particulate matter and coarse particulate 

matter, sulfur dioxide (SO2), carbon 

monoxide, lead, oxides of nitrogen, and 

ozone). In addition to these changes, 

Illinois updated existing rule language 

to address EPA’s revocation of the 1971 

primary, 24-hour, and annual average 

NAAQS for SO2. An explanation of the 

CAA requirements, a detailed analysis 

of the revisions, and EPA’s reasons for 

proposing approval were provided in 

the notice of proposed rulemaking and 

will not be restated here. The public 

comment period for this proposed rule 

ended on August 23, 2023. 

During the comment period, EPA 

received one comment that covered a 

variety of topics including comments on 

administrative changes being made that 

could increase the complexity and 

burden of regulatory compliance on 

affected industry. The comment is 

summarized and addressed below and 

the comment itself is included in the 

docket for this action. We do not 

consider this comment to be germane or 

relevant to this action and therefore not 

adverse to this action. The comment 

lacks the required specificity to the 

proposed SIP revision and the relevant 

requirements of CAA section 110. 

Moreover, the comment does not 

address a specific regulation or 

provision in question or recommend a 

different action on the SIP submission 

from what EPA proposed. Therefore, we 

are finalizing our action as proposed. 

II. Response to Public Comments 

Comment 1: The commenter is 

concerned that the potential complexity 

of these administrative changes could 

increase the complexity of regulatory 

compliance and reporting. The 

commenter states that businesses may 

be required to dedicate more resources 

for compliance, which could place a 

financial burden on small and medium 

businesses. The commenter also states 

that the changes require consistent 

monitoring, increasing the possibility of 

non-compliance due to unawareness or 

misunderstanding. 

Response 1: Illinois is adopting 

requirements that are already 

established at the Federal level and 

making them applicable at the State 

level. Illinois is incorporating these 

Federal regulations into the Illinois air 

pollution control rules entitled ‘‘Part 

243—Ambient Air Quality Standards’’ 

and also updating the ‘‘List of 

Designated Reference and Equivalent 

Methods’’ in response to EPA 

rulemakings. Illinois is also changing 

Section 243.122 to be consistent with 

the Round 4 area designations for the 

primary 2010 NAAQS for SO2 that EPA 

issued in 2021. These administrative 

changes do not place additional 

requirements on regulated entities 

beyond those already established in the 

NAAQS. The commenter stated that the 

administrative changes should be 

consolidated to a degree that decreases 

the frequency of these changes. These 

administrative changes have been 

consolidated to include the Illinois 


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2884 Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

updates to Part 243, which reflect 

amendments to EPA’s ‘‘List of 

Designated References and Equivalent 

Methods’’ used to determine 

compliance with the NAAQS. In 

addition, Illinois updated existing rule 

language to address EPA’s revocation of 

the 1971 primary, 24-hour, and annual 

average NAAQS for SO2. Regarding the 

frequency of these administrative 

changes, EPA is required to update the 

NAAQS every 5 years, in accordance 

with section 109 of the CAA. EPA is 

following statutory requirements. 

III. Final Action 

EPA is approving a revision to the 

Illinois SIP. The submittal updates 

revisions to the Illinois regulations at 

Title 35 of the Illinois Administrative 

Code, Part 243—Air Quality Standards 

(Part 243). Specifically, the updates 

made to Part 243: Sections 243.108 and 

243.122—are intended to be ‘‘identical 

in substance’’ to, and consistent with 

the updates to the list of designated 

Federal equivalent and reference 

methods and updates to the NAAQS 

adopted by EPA. IEPA’s revisions mirror 

EPA’s reference method for the 2010 1- 

hour SO2 standard. IEPA removed the 

1971 primary, 24 hour, and annual SO2

standard reflecting EPA’s action at the 

Federal level. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Illinois Regulations 

described in section I of this preamble 

and set forth in the amendments to 40 

CFR part 52 below. EPA has made, and 

will continue to make, these documents 

generally available through 

www.regulations.gov and at the EPA 

Region 5 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference in the next 

update to the SIP compilation.1

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 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 

• 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. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where 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). 

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. 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.’’ 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.’’ 

IEPA did not evaluate environmental 

justice considerations as part of its SIP 

submittal; the CAA and applicable 

implementing regulations neither 

prohibit nor require such an evaluation. 

EPA did not perform an EJ analysis and 

did not consider EJ in this action. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

This action is subject to the 

Congressional Review Act, and EPA will 

submit a rule report to each House of 

the Congress and to 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 18, 2024. 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Ozone, 

Particulate matter, Sulfur oxides, 

Volatile organic compounds. 


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Federal Register / Vol. 89, No. 11 / Wednesday, January 17, 2024 / Rules and Regulations 2885 

Dated: January 9, 2024. 

Debra Shore, 

Regional Administrator, Region 5. 

For the reasons stated 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. 

■ 2. In § 52.720, the table in paragraph 

(c) is amended by: 

■ a. Revising the entry for ‘‘243.108’’ 

and the first entry for ‘‘243.122’’ (State 

effective date 8/18/2020); and 

■ b. Removing the second entry for 

‘‘243.122’’ (State effective date 2/19/ 

2019). 

The revisions read as follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED ILLINOIS REGULATIONS AND STATUTES

Illinois citation Title/subject 

State 

effective 

date 

EPA approval date Comments 

*******

243.108 ............. Incorporation by Reference .......... 3/4/2022 1/17/2024, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

243.122 ............. Sulfur Oxides (Sulfur Dioxide) ...... 3/4/2022 1/17/2024, [INSERT FEDERAL 

REGISTER CITATION].

* * * * * * * 

* * * * * 

[FR Doc. 2024–00658 Filed 1–16–24; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 10 

[PS Docket Nos. 15–94; 15–91; FCC 23– 

88; FR ID 196695] 

Emergency Alert System; Wireless 

Emergency Alerts; Correction 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects the 

DATES section of a final rule that 

appeared in the Federal Register on 

December 15, 2023, regarding the 

Wireless Emergency Alert system. This 

correction adds to the list of rules 

sections with indefinitely delayed 

effective dates. 

DATES: The correction is effective on 

January 17, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

further information regarding this final 

rule correction, please contact Michael 

Antonino, Cybersecurity and 

Communications Reliability Division, 

Public Safety and Homeland Security 

Bureau, (202) 418–7965, or by email to 

michael.antonino@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission is correcting the DATES

section of final rule FR Doc. 2023–27236 

by adding rule 47 CFR 10.210(a) to the 

list of rules sections whose effective 

dates are delayed indefinitely. 

Correction 

In FR Rule Doc. 2023–27236, 

appearing on page 86824 in the Federal 

Register of December 15, 2023, on page 

86824, in the first column, the DATES

section is corrected to read: 

DATES: Effective December 15, 2026, 

except for the amendments to 47 CFR 

10.210(a), (b), (c), and (d), 10.350(d), 

10.480(a) and (b), and 10.500(e), which 

are delayed indefinitely. The Federal 

Communications Commission will 

announce the effective dates of the 

delayed amendments by publishing 

documents in the Federal Register. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2024–00708 Filed 1–16–24; 8:45 am] 

BILLING CODE 6712–01–P 


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