Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Rules and Regulations 62813 

clarity and precision, provides a 

reasonable basis for setting statutory 

terms and rates and, therefore, the 

Judges adopt the settlement as proposed 

as well as the improved language. 

Moreover, the Judges believe that the 

proposed change to the placement of the 

extant regulations (i.e., relocating them 

to 37 CFR part 387) and the nonsubstantive changes to the regulations 

are reasonable and appropriate 

measures to consolidate related CRB 

regulations and to make those 

regulations more comprehensible. 

Therefore, the Judges adopt the 

regulations as proposed. 

List of Subjects in 37 CFR Part 387 

Cable television, Copyright, Royalties. 

Final Regulations 

■ In consideration of the foregoing, the 

Copyright Royalty Judges amend 37 CFR 

chapter III by adding part 387 to read as 

follows: 

PART 387—ADJUSTMENT OF 

ROYALTY FEE FOR CABLE 

COMPULSORY LICENSE 

Sec. 

387.1 General. 

387.2 Royalty fee for compulsory license for 

secondary transmission by cable 

systems. 

Authority: 17 U.S.C. 801(b)(2), 803(b)(6). 

§ 387.1 General. 

This part establishes adjusted terms 

and rates for royalty payments in 

accordance with the provisions of 17 

U.S.C. 111 and 801(b)(2)(A), (B), (C), 

and (D). Upon compliance with 17 

U.S.C. 111 and the terms and rates of 

this part, a cable system shall be subject 

to a statutory license authorizing 

secondary transmissions of broadcast 

signals to the extent provided in 17 

U.S.C. 111. 

§ 387.2 Royalty fee for compulsory license 

for secondary transmission by cable 

systems. 

(a) Royalty fee rates. Commencing 

with the first semiannual accounting 

period of 2015 and for each semiannual 

accounting period thereafter, the royalty 

fee rates for secondary transmission by 

cable systems not subject to paragraph 

(b) of this section are those established 

by 17 U.S.C. 111(d)(1)(B)(i)–(iv), as 

amended. 

(b) Rates for certain classes of cable 

systems. Commencing with the first 

semiannual accounting period of 2015 

and for each semiannual accounting 

period thereafter, the alternate tiered 

royalty fee rates for cable systems with 

certain levels of gross receipts as 

described in 17 U.S.C. 111(d)(1)(E) and 

(F), are those described therein. 

(c) 3.75 percent rate. Commencing 

with the first semiannual accounting 

period of 2015, and for each semiannual 

accounting period thereafter, and 

notwithstanding paragraphs (a) and (d) 

of this section, for each distant signal 

equivalent or fraction thereof not 

represented by the carriage of: 

(1) Any signal that was permitted (or, 

in the case of cable systems 

commencing operations after June 24, 

1981, that would have been permitted) 

under the rules and regulations of the 

Federal Communications Commission 

in effect on June 24, 1981 (former 47 

CFR 76.1 through 76.617 (1980)); or 

(2) A signal of the same type (that is, 

independent, network, or noncommercial educational) substituted for 

such permitted signal; or 

(3) A signal that was carried pursuant 

to an individual waiver of (former 47 

CFR 76.1 through 76.617 (1980)); in lieu 

of the royalty rates specified in 

paragraphs (a) and (d) of this section, 

the royalty rate shall be 3.75 percent of 

the gross receipts of the cable system for 

each distant signal equivalent. Any 

fraction of a distant signal equivalent 

shall be computed at its fractional value. 

(d) Syndicated exclusivity surcharge. 

Commencing with the first semiannual 

accounting period of 2015 and for each 

semiannual accounting period 

thereafter, in the case of a cable system 

located outside the 35-mile specified 

zone of a commercial VHF station that 

places a predicted Grade B contour, in 

whole or in part, over the cable system, 

and that is not significantly viewed or 

otherwise exempt from the FCC’s 

syndicated exclusivity rules in effect on 

June 24, 1981 (former 47 CFR 76.151 

through 76.617 (1980)), for each distant 

signal equivalent or fraction thereof 

represented by the carriage of such 

commercial VHF station, the royalty rate 

shall be, in addition to the amount 

specified in paragraph (a) of this 

section: 

(1) For cable systems located wholly 

or in part within a top 50 television 

market: 

(i) 0.599 percent of such gross receipts 

for the first distant signal equivalent; 

(ii) 0.377 percent of such gross 

receipts for each of the second, third, 

and fourth distant signal equivalents; 

and 

(iii) 0.178 percent of such gross 

receipts for the fifth distant signal 

equivalent and each additional distant 

signal equivalent thereafter; 

(2) For cable systems located wholly 

or in part within a second 50 television 

market: 

(i) 0.300 percent of such gross receipts 

for the first distant signal equivalent; 

(ii) 0.189 percent of such gross 

receipts for each of the second, third, 

and fourth distant signal equivalents; 

and 

(iii) 0.089 percent of such gross 

receipts for the fifth distant signal 

equivalent and each additional distant 

signal equivalent thereafter; 

(3) For purposes of this section ‘‘first 

50 major television markets’’ and 

‘‘second 50 major television markets’’ 

shall be defined as those terms are 

defined or interpreted in accordance 

with the Federal Communications 

Commission rule ‘‘Major television 

markets’’ in effect on June 24, 1981 (47 

CFR 76.51 (1980)). 

(e) Computation of rates. 

Computation of royalty fees shall be 

governed by 17 U.S.C. 111(d) and 111(f) 

and 37 CFR 201.17. 

Dated: June 28, 2016. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

Approved: 

David S. Mao, 

Acting Librarian of Congress. 

[FR Doc. 2016–20529 Filed 9–12–16; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2016–0060; FRL–9945–84– 

Region 2] 

Approval of Air Quality Implementation 

Plans; Puerto Rico; Infrastructure 

Requirements for the 1997 and 2008 

Ozone, 1997 and 2006 Fine Particulate 

Matter and 2008 Lead NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving most 

elements of the five State 

Implementation Plan (SIP) revision 

submittals from the Commonwealth of 

Puerto Rico to demonstrate that the 

State meets the requirements of section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 1997 and 2008 ozone, 

1997 and 2006 fine particulate matter 

(PM2.5) and 2008 lead National Ambient 

Air Quality Standards (NAAQS). The 

SIP is required to address basic program 

elements, including, but not limited to: 

Regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 


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These elements are referred to as 

infrastructure requirements. In this 

rulemaking action, EPA is approving, in 

accordance with the requirements of the 

CAA, the infrastructure SIP submissions 

with the exception of some portions of 

the submittals addressing Prevention of 

Significant Deterioration (PSD). 

DATES: This rule is effective on October 

13, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2016–0060. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Raymond K. Forde, Air Programs 

Branch, Environmental Protection 

Agency, 290 Broadway, 25th Floor, New 

York, New York 10007–1866, (212) 637– 

3716, or by email at forde.raymond@

epa.gov. 

SUPPLEMENTARY INFORMATION: The 

SUPPLEMENTARY INFORMATION section is 

arranged as follows: 

Table of Contents 

I. What is the background information? 

II. What comments did EPA receive in 

response to its proposal? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is the background information? 

On July 18, 1997, the Environmental 

Protection Agency (EPA) promulgated a 

revised national ambient air quality 

standard (NAAQS or standards) for 

ozone (62 FR 38856) and a new NAAQS 

for fine particle matter (PM2.5) (62 FR 

38652). The revised ozone NAAQS was 

based on 8-hour average concentrations. 

The 8-hour averaging period replaced 

the previous 1-hour averaging period, 

and the level of the NAAQS was 

changed from 0.12 parts per million 

(ppm) to 0.08 ppm. The new PM2.5

NAAQS established a health-based 

annual standard of 15.0 micrograms per 

cubic meter (mg/m3) based on a 3-year 

average of annual mean PM2.5

concentrations, and a 24-hour standard 

of 65 mg/m3 based on a 3-year average 

of the 98th percentile of 24-hour 

concentrations. 

On October 17, 2006 (71 FR 61144), 

effective December 18, 2006, EPA 

revised the 24-hour average PM2.5

primary and secondary NAAQS from 65 

mg/m3 to 35 mg/m3. As required by 

section 110(a)(1) of the CAA, the 

110(a)(2) submittals were due within 

three years after promulgation of the 

revised standard. 

On March 27, 2008 (73 FR 16436) 

EPA strengthened its NAAQS for 

ground-level ozone, revising the 8-hour 

primary ozone standard to 0.075 ppm. 

EPA also strengthened the secondary 8- 

hour ozone standard to the level of 

0.075 ppm making it identical to the 

revised primary standard. 

On November 12, 2008 (73 FR 66964), 

EPA promulgated a revised NAAQS for 

lead. The Agency revised the level of 

the primary lead standard from 1.5 mg/ 

m3 to 0.15 mg/m3. The EPA also revised 

the secondary NAAQS to 0.15 mg/m3

and made it identical to the revised 

primary standard. 

Pursuant to section 110(a)(1) of the 

CAA, states are required to submit SIPs 

meeting the applicable requirements of 

section 110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program 

requirements, and legal authority that 

are designed to assure attainment and 

maintenance of the NAAQS. Section 

110(a) imposes the obligation upon 

states to make a SIP submission to EPA 

for a new or revised NAAQS, but the 

contents of that submission may vary 

depending upon the facts and 

circumstances. In particular, the data 

and analytical tools available at the time 

the state develops and submits the SIP 

for a new or revised NAAQS affect the 

content of the submission. The content 

of such SIP submission may also vary 

depending upon what provisions the 

state’s existing SIP already contains. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for ‘‘infrastructure’’ SIP 

requirements related to a newly 

established or revised NAAQS. As 

mentioned earlier, these requirements 

include basic SIP elements such as 

requirements for monitoring, basic 

program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

NAAQS. 

EPA is acting on five SIP revision 

submittals from the Commonwealth of 

Puerto Rico Environmental Quality 

Board (PREQB) to satisfy the 

requirements of section 110(a)(2) of the 

CAA for the 1997 and 2008 ozone, 1997 

and 2006 PM2.5 and 2008 lead NAAQS. 

On November 29, 2006, PREQB 

submitted SIP revisions addressing the 

infrastructure requirements for the 1997 

ozone and PM2.5 NAAQS. On January 

22, 2013, PREQB submitted SIP 

revisions addressing the infrastructure 

requirements for the 2006 PM2.5 and 

2008 ozone NAAQS. On January 31, 

2013, PREQB submitted SIP revisions 

addressing the infrastructure 

requirements for the 2008 lead NAAQS. 

On April 16, 2015, PREQB 

supplemented the January 22, 2013 

submittal for the 2006 PM2.5 NAAQS. 

On February 1, 2016, PREQB submitted 

additional provisions for inclusion into 

the SIP which address infrastructure SIP 

requirements for 1997 and 2008 ozone, 

1997 and 2006 PM2.5 and 2008 lead 

NAAQS. Each of the infrastructure SIP 

submittals addressed the following 

infrastructure elements for the 

applicable NAAQS which EPA is 

approving pursuant to section 110(a)(2) 

of the CAA. Specifically sections 

110(a)(2)(A), (B), portions of (C), 

portions of (D), (E), (F), (G), (H), portions 

of (J), (K), (L), and (M) for the 1997 and 

2008 ozone, 1997 and 2006 PM2.5 and 

2008 lead NAAQS. 

II. What comments did EPA receive in 

response to its proposal? 

In response to EPA’s proposed 

approval of Puerto Rico’s SIP revision, 

a comment was received from one 

interested party. The comment and 

EPA’s response are as follows: 

Comment 

The comment asserts that the 

proposed rule is confusing and hard to 

follow. The comment states that PREQB 

made 5 revisions over the past 11 or so 

years and that the last public meetings 

were 5 years ago. The comment states 

that this piecemeal approach is not 

useful for the public to follow and that 

EPA’s explanation about why it is 

justified in accepting this approach is 

hard to understand. Commentor notes 

that the examples of New Mexico and 

Tennessee cover much shorter 

timeframes. Commentor states that the 

purpose of the current SIP is to show 

PREQB can implement, enforce and 

maintain the NAAQS covered by the SIP 

and asks how have they proven this. 

The comment references a newspaper 

article and states that the Puerto Rico 

Electric Power Authority (PREPA) is the 

main polluter on the island and that it 

is embroiled in scandal related to 

burning substandard fuel that calls into 

question the records submitted and the 

roles of PREQB and USEPA. Commentor 


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asserts that it is not clear the PREQB is 

capable of enforcing the SIP and 

protecting our air and health of our 

citizens. 

Response 

EPA disagrees that PREQB is taking a 

piecemeal approach to revising the SIP. 

Under CAA sections 110(a)(1) and 

110(a)(2), each state is required to 

submit a SIP that provides for the 

implementation, maintenance, and 

enforcement of each primary and 

secondary NAAQS. Moreover, CAA 

sections 110(a)(1) and 110(a)(2) require 

each state to make this new SIP 

submission within 3 years after 

promulgation of a new or revised 

NAAQS. In addition, EPA is proposing 

action on these SIP revisions 

simultaneously, and not separately, 

since each SIP revision addresses the 

infrastructure requirements of the CAA. 

PREQB provided the necessary public 

notice and public hearings for each SIP 

revision as required by the CAA. Public 

hearings were held by PREQB for the 

lead infrastructure SIP on October 10, 

2011. Public hearings were held by 

PREQB for the ozone and PM2.5

infrastructure SIPs on December 19, 

2011. With respect to public hearings, 

EPA’s proposed approval is not based 

on how many public meetings PREQB 

holds, or how long ago the last one was 

held. Rather EPA’s proposed approval is 

based, in part, on PREQB’s ability to 

hold a public hearing on each revision 

to the SIP. 

The proposed timeframes for other 

state SIP actions have no bearing on 

EPA’s proposed approval of Puerto 

Rico’s SIP submittal. Footnote 4 of the 

proposal cites New Mexico SIP actions 

as an example in support of EPA’s 

statement, in the proposal, ‘‘If states 

elect to make such multiple SIP 

submissions to meet the infrastructure 

SIP requirements, EPA can elect to act 

on such submissions either individually 

or in a larger combined action.’’ 81 FR 

8457. Similarly, footnote 5 of the 

proposal cites Tennessee SIP actions as 

an example in support of EPA’s 

statement in the proposal that, ‘‘EPA 

interprets the CAA to allow it to take 

action on the individual parts of one 

larger, comprehensive infrastructure SIP 

submission for a given NAAQS without 

concurrent action on the entire 

submission. For example, EPA has 

sometimes elected to act at different 

times on various elements and subelements of the same infrastructure SIP 

submittal.’’ 81 FR 8457. 

Commentor is referred to the 

technical support document (TSD) in 

the docket for this matter which 

describes in detail PREQB’s procedures 

for implementing, enforcing and 

maintaining the NAAQS. EPA’s 

proposed approval is based on PREQB 

having these procedures in place. 

Finally, EPA is not a party to and cannot 

comment on the ongoing litigation that 

the Commentor cites with respect to 

PREPA. 

III. What action is EPA taking? 

EPA is approving Puerto Rico’s 

infrastructure submittals dated 

November 29, 2006, January 22, 2013 

and January 31, 2013, and 

supplemented April 16, 2015 and 

February 1, 2016, for the 1997 ozone 

and PM2.5, 2008 ozone and 2006 PM2.5,

and 2008 lead NAAQS, respectively, as 

meeting the requirements of section 

110(a)(2) of the CAA, including 

specifically section 110(a)(2)(A), (B), 

(C)(with the exception of program 

requirements for PSD), (D)(i)(II) (with 

the exception of program requirements 

related to PSD), (D)(ii) (with the 

exception of program requirements 

related to PSD), (E), (F), (G), (H), (J) 

(with the exception of program 

requirements related to PSD), (K), (L), 

and (M). 

EPA is incorporating by reference Act 

416 (Commonwealth of Puerto Rico’s 

‘‘Environmental Public Policy Act’’), 

Title II, ‘‘On the Environmental Board,’’ 

Section 7, ‘‘Creating the Board; 

Members; Terms,’’ sections A. and D., 

approved September 22, 2004 and 

effective six months after its approval 

and Act 1 (‘‘Puerto Rico Government 

Ethics Act of 2011’’), Chapter V, 

‘‘Financial Reports,’’ (approved January 

3, 2012 and effective January 1, 2012, 

except for Sections 5.5(a) and 5.8(a), 

which became effective 180 days after 

the effective date), for inclusion into 

Puerto Rico’s SIP. These provisions are 

intended to apply to any person subject 

to CAA section 128, and are included in 

the SIP to address the requirements of 

CAA sections 110(a)(2)(E)(ii) and 128 for 

the 1997 ozone, 1997 PM2.5, 2006 PM2.5, 

2008 lead, and 2008 ozone NAAQS. 

EPA is disapproving the following 

infrastructure SIP requirements as they 

relate to the PSD program because 

Puerto Rico lacks a State adopted PSD 

rule to satisfy CAA sections 110(a)(2)(C), 

(D)(i)(II), (D)(ii) and (J) for the 1997 and 

2008 ozone NAAQS, 1997 and 2006 

PM2.5 NAAQS, and 2008 lead NAAQS. 

It should be noted that a Federal 

Implementation Plan (FIP) clock will 

not be started because a PSD FIP is 

currently in place, and sanctions will 

not be triggered. Since Puerto Rico is 

not required to address the visibility 

portion of section 110(a)(2)(J) in the 

context of an infrastructure SIP, and 

therefore did not make a submission, 

action on this sub-element is not 

applicable. 

A detailed analysis of EPA’s review 

and rationale for approving and 

disapproving elements of the 

infrastructure SIP submittals as 

addressing these CAA requirements may 

be found in the February 19, 2016 

proposed rulemaking action (81 FR 

8455) and Technical Support Document 

(TSD) which are available on line at 

www.regulations.gov, Docket ID Number 

EPA–R02–OAR–2016–0060. 

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, the EPA is finalizing the 

incorporation by reference of the 

Commonwealth of Puerto Rico Statutes 

described in the proposed amemdments 

to 40 CFR part 52 set forth below. 

EPA is incorporating by reference Act 

416 (Commonwealth of Puerto Rico’s 

‘‘Environmental Public Policy Act’’), 

Title II, ‘‘On the Environmental Board,’’ 

Section 7, ‘‘Creating the Board; 

Members; Terms,’’ sections A. and D., 

approved September 22, 2004, and Act 

1 (‘‘Puerto Rico Government Ethics Act 

of 2011’’), Chapter V, ‘‘Financial 

Reports,’’ approved January 3, 2012, for 

inclusion into Puerto Rico’s SIP to 

address the requirements of CAA 

sections 110(a)(2)(E)(ii) and 128. 

The EPA has made, and will continue 

to make, these documents generally 

available electronically through http://

www.regulations (see 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, 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 


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• 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 CAA; and 

• does not provide 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. 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 November 14, 2016. 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, 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: May 2, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Editorial Note: This document was 

received for publication by the Office of the 

Federal Register on August 31, 2016. 

For the reasons set forth in the 

preamble, the Environmental Protection 

Agency amends part 52 of chapter I, title 

40 of the Code of Federal Regulations 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 BBB—Puerto Rico 

■ 2. Section 52.2720 is amended by 

adding paragraph (c)(39) to read as 

follows: 

§ 52.2720 Identification of plan. 

* * * * * 

(c) * * * 

(39) Revisions to the State 

Implementation Plan submitted by the 

Puerto Rico Environmental Quality 

Board (EQB) on November 29, 2006, and 

supplemented February 1, 2016 for the 

1997 ozone and PM2.5 NAAQS; dated 

January 22, 2013, and supplemented 

April 16, 2015 and February 1, 2016 for 

the 2006 PM2.5 and supplemented 

February 1, 2016 for the 2008 ozone 

NAAQS; and dated January 31, 2013 

and supplemented February 1, 2016 for 

the 2008 lead NAAQS. 

(i) Incorporation by reference. These 

provisions are intended to apply to any 

person subject to CAA section 128, and 

are included in the SIP to address the 

requirements of CAA sections 

110(a)(2)(E)(ii) and 128. 

(A) Act 416 (Commonwealth of Puerto 

Rico’s ‘‘Environmental Public Policy 

Act’’), Title II, ‘‘On the Environmental 

Board,’’ Section 7, ‘‘Creating the Board; 

Members; Terms,’’ sections A. and D., 

approved September 22, 2004; 

(B) Act 1 (‘‘Puerto Rico Government 

Ethics Act of 2011’’), Chapter V, 

‘‘Financial Reports,’’ approved January 

3, 2012. 

■ 3. Amend § 52.2723 by revising the 

section heading and the title of the table 

and adding a heading and the entries 

‘‘Act 1’’ and ‘‘Act 416’’ at the end of the 

table to read as follows: 

§ 52.2723 EPA-approved Puerto Rico 

regulations and laws. 


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REGULATION FOR THE CONTROL OF ATMOSPHERIC POLLUTION AND PUERTO RICO LAWS

Puerto Rico regulation Commonwealth 

effective date EPA approval date Comments 

*******

PUERTO RICO LAWS 

Act 1 (‘‘Puerto Rico Government Ethics Act of 

2011’’), Chapter V, ‘‘Financial Reports’’.

January 3, 2012 ........ September 13, 2016, 

[insert Federal 

Register citation].

These provisions are intended to apply to any 

person subject to Clean Air Act section 128, 

and are included in the SIP for the limited 

purpose of satisfying the requirements of 

Clean Air Act sections 110(a)(2)(E)(ii) and 

128. January 3, 2012 is the Commonwealth 

approval date. 

Act 416 (Commonwealth of Puerto Rico’s 

‘‘Environmental Public Policy Act’’), Title II, 

‘‘On the Environmental Board,’’ Section 7, 

‘‘Creating the Board; Members; Terms,’’ 

sections A. and D.

September 22, 2004 September 13, 2016, 

[insert Federal 

Register citation].

These provisions are intended to apply to any 

person subject to Clean Air Act section 128, 

and are included in the SIP for the limited 

purpose of satisfying the requirements of 

Clean Air Act sections 110(a)(2)(E)(ii) and 

128. September 22, 2004 is the Commonwealth approval date. 

■ 4. Add § 52.2730 to read as follows: 

§ 52.2730 Section 110(a)(2) infrastructure 

requirements. 

(a) 1997 8-hour ozone and the 1997 

PM2.5 NAAQS—(1) Approval. Submittal 

from Puerto Rico dated November 29, 

2006 and supplemented February 1, 

2016, to address the CAA infrastructure 

requirements for the 1997 ozone and the 

1997 PM2.5 NAAQS. This submittal 

satisfies the 1997 ozone and the 1997 

PM2.5 NAAQS requirements of the Clean 

Air Act (CAA) 110(a)(2)(A), (B), (C) 

(with the exception of program 

requirements for PSD), (D)(i)(II) and (ii) 

(with the exception of program 

requirements related to PSD), (E), (F), 

(G), (H), (J) (with the exception of 

program requirements related to PSD), 

(K), (L), and (M). 

(2) Disapproval. Submittal from 

Puerto Rico dated November 29, 2006 

and supplemented February 1, 2016, to 

address the CAA infrastructure 

requirements for the 1997 ozone and the 

1997 PM2.5 NAAQS are disapproved for 

the following sections: 110(a)(2)(C) (PSD 

program only), (D)(i)(II), PSD program 

only), (D)(ii) (PSD program only) and (J) 

(PSD program only). These requirements 

are being addressed by § 52.2729 which 

has been delegated to Puerto Rico to 

implement. 

(b) 2008 ozone and the 2006 PM2.5

NAAQS—(1) Approval. Submittal from 

Puerto Rico dated January 22, 2013, 

supplemented February 1, 2016 to 

address the CAA infrastructure 

requirements for the 2008 ozone 

NAAQS and supplemented April 16, 

2015 and February 1, 2016 to address 

the CAA infrastructure requirements for 

the 2006 PM2.5 NAAQS. This submittal 

satisfies the 2008 ozone and the 2006 

PM2.5 NAAQS requirements of the Clean 

Air Act (CAA) 110(a)(2)(A), (B), (C) 

(with the exception of program 

requirements for PSD), (D)(i)(II) and (ii) 

(with the exception of program 

requirements related to PSD), (E), (F), 

(G), (H), (J) (with the exception of 

program requirements related to PSD), 

(K), (L), and (M). 

(2) Disapproval. Submittal from 

Puerto Rico dated January 22, 2013 and 

supplemented April 16, 2015 and 

February 1, 2016, to address the CAA 

infrastructure requirements for the 2008 

ozone and the 2006 PM2.5 NAAQS are 

disapproved for the following sections: 

110(a)(2)(C) (PSD program only), 

(D)(i)(II) (PSD program only), (D)(ii) 

(PSD program only) and (J) (PSD 

program only). These requirements are 

being addressed by § 52.2729 which has 

been delegated to Puerto Rico to 

implement. 

(c) 2008 lead NAAQS—(1) Approval. 

Submittal from Puerto Rico dated 

January 31, 2013 and supplemented 

February 1, 2016, to address the CAA 

infrastructure requirements for the 2008 

lead NAAQS. This submittal satisfies 

the 2008 lead NAAQS requirements of 

the Clean Air Act (CAA) 110(a)(2)(A), 

(B), (C) (with the exception of program 

requirements for PSD), (D)(i)(II) and (ii) 

(with the exception of program 

requirements related to PSD), (E), (F), 

(G), (H), (J) (with the exception of 

program requirements related to PSD), 

(K), (L), and (M). 

(2) Disapproval. Submittal from 

Puerto Rico dated January 31, 2013 and 

supplemented February 1, 2016, to 

address the CAA infrastructure 

requirements for the 2008 lead NAAQS 

are disapproved for the following 

sections: 110(a)(2)(C) (PSD program 

only), (D)(i)(II) (PSD program only), 

(D)(ii) (PSD program only) and (J) (PSD 

program only). These requirements are 

being addressed by § 52.2729 which has 

been delegated to Puerto Rico to 

implement. 

[FR Doc. 2016–21326 Filed 9–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 102 

RIN 0906–AA84 

Removing Outmoded Regulations 

Regarding the Smallpox Vaccine Injury 

Compensation Program 

AGENCY: Health Resources and Services 

Administration, HHS. 

ACTION: Direct final rule. 

SUMMARY: This action removes the 

outmoded regulations for the Smallpox 

Vaccine Injury Compensation Program. 

The program and its implementing 

regulation have been rendered obsolete 

by the expiration of the Declaration 

Regarding Administration of Smallpox 

Countermeasures under the Smallpox 

Emergency Personnel Protection Act of 

2003 and incorporation of the smallpox 

countermeasure injury coverage under 

the Public Readiness and Emergency 

Preparedness Act of 2005 and its 

authorization of the Countermeasures 

Injury Compensation Program. 

DATES: This action is effective 

November 14, 2016 without further 

action, unless adverse comment is 

received by October 13, 2016. If adverse 


Lhorne on DSK30JT082PROD with RULES