8952 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 

required. The NPS may not conduct or 

sponsor and you are not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

control number. 

National Environmental Policy Act 

The NPS has prepared the EA to 

determine whether this rule will have a 

significant impact on the quality of the 

human environment under the National 

Environmental Policy Act of 1969. This 

rule does not constitute a major Federal 

action significantly affecting the quality 

of the human environment. A detailed 

statement under the NEPA is not 

required because of the FONSI. A copy 

of the EA and FONSI can be found 

online at https://parkplanning.nps.gov/ 

sacn by clicking the link entitled ‘‘Cable 

Connector Trail’’ and then clicking the 

link entitled ‘‘Document List.’’ 

Effects on the Energy Supply (Executive 

Order 13211) 

This rulemaking is not a significant 

energy action under the definition in 

Executive Order 13211; the rule is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy, and the rule has not otherwise 

been designated by the Administrator of 

OIRA as a significant energy action. A 

Statement of Energy Effects in not 

required. 

List of Subjects in 36 CFR Part 7 

National parks, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, the 

National Park Service amends 36 CFR 

part 7 as set forth below: 

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

■ 1. The authority citation for part 7 

continues to read as follows: 

Authority: 54 U.S.C. 100101, 100751, 

320102; Sec. 7.96 also issued under D.C. 

Code 10–137 and D.C. Code 50–2201.07. 

■ 2. Amend § 7.9 by revising the section 

heading and adding paragraph (g) to 

read as follows: 

§ 7.9 St. Croix National Scenic Riverway. 

* * * * * 

(g) Bicycle Use. (1) The 

Superintendent may designate all or a 

portion of the Cable Connector Trail 

(full length of the trail approximately 

0.25 miles) as open to bicycle use. 

(2) A map showing trails open to 

bicycle use will be available at Riverway 

visitor centers and posted on the 

Riverway website. The Superintendent 

will provide notice of all trails 

designated for bicycle use in accordance 

with § 1.7 of this chapter. 

(3) The Superintendent may limit, 

restrict, or impose conditions on bicycle 

use, or close any trail to bicycle use, or 

terminate such conditions, closures, 

limits, or restrictions in accordance with 

§ 4.30 of this chapter. A violation of any 

such condition, closure, limit, or 

restriction is prohibited. 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–03394 Filed 2–16–22; 8:45 am] 

BILLING CODE 4312–52–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2017–0031; FRL–9177–02– 

R10] 

Air Plan Approval; AK; Removal of 

Excess Emissions Provision 

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 State of Alaska, 

through the Alaska Department of 

Environment Conservation, on January 

9, 2017. The revision was submitted by 

Alaska in response to a finding of 

substantial inadequacy and SIP call 

published on June 12, 2015, for a 

provision in the Alaska SIP related to 

excess emissions during startup, 

shutdown, and malfunction (SSM) 

events. EPA is approving the SIP 

revision and finds that such SIP revision 

corrects the deficiency identified in the 

June 12, 2015, SIP call. 

DATES: This final rule is effective March 

21, 2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2017–0031. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information or other information the 

disclosure of which 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 at https://

www.regulations.gov, or please contact 

the person listed in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Randall Ruddick, EPA Region10, 1200 

Sixth Avenue (Suite 155), Seattle, WA 

98101, (206) 553–1999; or email 

ruddick.randall@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

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

the EPA. 

I. Background 

On December 6, 2021, we proposed to 

approve a SIP revision submitted by the 

State of Alaska, through the Alaska 

Department of Environment 

Conservation, on January 9, 2017 (86 FR 

68960). In that proposal, we also 

proposed to determine that the SIP 

revision corrects the deficiency with 

respect to Alaska that we identified in 

our June 12, 2015 action entitled ‘‘State 

Implementation Plans: Response to 

Petition for Rulemaking; Restatement 

and Update of EPA’s SSM Policy 

Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls to 

Amend Provisions Applying to Excess 

Emissions During Periods of Startup, 

Shutdown, and Malfunction’’ (‘‘June 12, 

2015 SIP call’’) (80 FR 33839, June 12, 

2015). The reasons for our proposed 

approval and determination are stated 

in the proposed action (86 FR 68960, 

January 9, 2017) and will not be restated 

here. The public comment period for 

our proposed approval and 

determination ended on January 5, 

2022, and no comments were received. 

Therefore, we are finalizing our action 

as proposed. 

II. Final Action 

EPA is approving Alaska’s January 9, 

2017 SIP submission requesting removal 

of 18 AAC 50.240 ‘‘Excess Emissions’’ 

from the Alaska SIP. EPA has also 

determined this SIP revision corrects 

the deficiency identified in the June 12, 

2015 SIP call. Alaska is retaining 18 

AAC 50.240 for state law purposes only, 

with revisions to clarify that (1) all 

excess emissions are violations and (2) 

the provision applies only to Alaska in 

exercising its enforcement authority and 

therefore does not preclude citizens or 

EPA from seeking injunctive relief or 

civil penalties for excess emissions (86 

FR 68961). 

III. Incorporation by Reference 

In this document, EPA is finalizing 

removal of regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is removing the incorporation 

by reference of ‘‘18 AAC 50.240’’ in 40 

CFR 52.70, as described in section II of 


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Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8953 

1 62 FR 27968 (May 22, 1997). 

this preamble. EPA has made, and will 

continue to make, these materials 

generally available through https://

www.regulations.gov and at the EPA 

Region 10 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 removal from the 

Alaska SIP, have been removed from 

incorporation by reference by EPA into 

that plan, are no longer federally 

enforceable under sections 110 and 113 

of the CAA as of the effective date of the 

final rule of the EPA’s approval, and 

incorporation by reference will be 

removed by the Director of the Federal 

Register in the next update to the SIP 

compilation.1

IV. Statutory and Executive Order 

Review 

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, the 

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 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 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 Alaska SIP does not apply on any 

Indian reservation land in or in any 

other area where EPA or Indian tribe has 

demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, this rulemaking does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it 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 April 18, 2022. 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, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 10, 2022. 

Michelle L. Pirzadeh, 

Acting 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 

§ 52.70 [Amended] 

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

is amended by removing the entry ‘‘18 

AAC 50.240’’ under the heading ‘‘18 

AAC 50—Article 2. Program 

Administration’’. 

[FR Doc. 2022–03303 Filed 2–16–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0840; FRL–9416–01– 

OCSPP] 

[Oxirane, 2-(Phenoxymethyl)-, Polymer 

With Oxirane, Ether With 2,2′,2′′- 

Nitrilotris[Ethanol] (3:1), Diblock; 

Tolerance Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of oxirane, 2- 

(phenoxymethyl)-, polymer with 

oxirane, ether with 2,2′,2′′- 

nitrilotris[ethanol] (3:1), diblock (CAS 

Reg. No. 2307555–89–9), when used as 

an inert ingredient in a pesticide 

chemical formulation. Spring 

Regulatory Sciences, on behalf of Stepan 

Company, submitted a petition to EPA 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of oxirane, 

2-(phenoxymethyl)-, polymer with 

oxirane, ether with 2,2′,2′′- 

nitrilotris[ethanol] (3:1), diblock on food 

or feed commodities. 


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