70018 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 

Global Reseller Expedited Package Services 

3 

Global Reseller Expedited Package Services 

4 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 2 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 3 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 4 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 5 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 6 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 7 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 8 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 9 

Global Expedited Package Services 

(GEPS)—Non-Published Rates 10 

Priority Mail International Regional Rate 

Boxes—Non-Published Rates 

Outbound Competitive International 

Merchandise Return Service 

Agreement with Royal Mail Group, Ltd. 

Priority Mail International Regional Rate 

Boxes Contracts 

Priority Mail International Regional Rate 

Boxes Contracts 1 

Competitive International Merchandise 

Return Service Agreements with Foreign 

Postal Operators 

Competitive International Merchandise 

Return Service Agreements with Foreign 

Postal Operators 1 

Competitive International Merchandise 

Return Service Agreements with Foreign 

Postal Operators 2 

Inbound International * 

International Business Reply Service 

(IBRS) Competitive Contracts 

International Business Reply Service 

Competitive Contract 1 

International Business Reply Service 

Competitive Contract 3 

Inbound Direct Entry Contracts with 

Customers 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 

Inbound Direct Entry Contracts with 

Foreign Postal Administrations 1 

Inbound EMS 

Inbound EMS 2 

Inbound Air Parcel Post (at non-UPU rates) 

Royal Mail Group Inbound Air Parcel Post 

Agreement 

Inbound Competitive Multi-Service 

Agreements with Foreign Postal 

Operators 

Inbound Competitive Multi-Service 

Agreements with Foreign Postal 

Operators 1 

Special Services * 

Address Enhancement Services 

Greeting Cards, Gift Cards, and Stationery 

International Ancillary Services 

International Money Transfer Service— 

Outbound 

International Money Transfer Service— 

Inbound 

Premium Forwarding Service 

Shipping and Mailing Supplies 

Post Office Box Service 

Competitive Ancillary Services 

Nonpostal Services * 

Advertising 

Licensing of Intellectual Property other 

than Officially Licensed Retail Products 

(OLRP) 

Mail Service Promotion 

Officially Licensed Retail Products (OLRP) 

Passport Photo Service 

Photocopying Service 

Rental, Leasing, Licensing or other NonSale Disposition of Tangible Property 

Training Facilities and Related Services 

USPS Electronic Postmark (EPM) Program 

Market Tests * 

Customized Delivery 

Global eCommerce Marketplace (GeM) 

Stacy L. Ruble, 

Secretary. 

[FR Doc. 2016–24511 Filed 10–7–16; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0367; FRL–9952–17– 

Region 9] 

Approval of California Air Plan 

Revisions, Butte County Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to the Butte 

County Air Quality Management District 

(BCAQMD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of 

particulate matter (PM) from open 

burning. We are approving a local rule 

that regulates these emission sources 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on 

December 12, 2016 without further 

notice, unless the EPA receives adverse 

comments by November 10, 2016. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0367 at http:// 

www.regulations.gov, or via email to 

Andrew Steckel, Rulemaking Office 

Chief at Steckel.Andrew@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be removed or edited 

from Regulations.gov. For either manner 

of submission, 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 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, Gong.Kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rule did the State submit? 

B. Are there other versions of this rule? 

C. What is the purpose of the submitted 

rule revision? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

B. Does the rule meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rule 

D. Public comment and final action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rule did the State submit? 

This action addresses BCAQMD Rule 

300, ‘‘Open Burning Requirements, 

Prohibitions and Exemptions’’ as 

amended by the district on August 27, 

2015 and submitted to the EPA on 

March 11, 2016 by the California Air 

Resources Board. 

On April 19, 2016, the EPA 

determined that the submittal for 

BCAQMD Rule 300 met the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. 


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Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 70019 

1Upon the effective date of this final action, 

BCAQMD Rule 300 would supersede existing 

BCAQMD Rule 300, approved at 80 FR 38966, in 

the applicable SIP. 

B. Are there other versions of this rule? 

The EPA promulgated a limited 

approval of an earlier version of Rule 

300 into the SIP on July 8, 2015 (80 FR 

38966). The EPA also simultaneously 

promulgated a limited disapproval 

because two provisions in the rule 

provided discretion to the District Air 

Pollution Control Officer (APCO) to 

independently interpret the SIP without 

explicit and replicable procedures 

within the rule. 

C. What is the purpose of the submitted 

rule revision? 

PM, including PM equal to or less 

than 2.5 microns in diameter (PM2.5) 

and PM equal to or less than 10 microns 

in diameter (PM10), contributes to effects 

that are harmful to human health and 

the environment, including premature 

mortality, aggravation of respiratory and 

cardiovascular disease, decreased lung 

function, visibility impairment, and 

damage to vegetation and ecosystems. 

Section 110(a) of the CAA requires 

States to submit regulations that control 

PM emissions. 

BCAQMD Rule 300 controls PM 

emissions by establishing requirements 

on when and how to conduct various 

types of open burning activities, 

including but not limited to agricultural 

burning, non-agricultural burning (such 

as land use conversion), and residential 

burning. The EPA finalized a limited 

approval of a previous version of this 

rule because it is largely consistent with 

applicable CAA requirements. However, 

the EPA simultaneously promulgated a 

limited disapproval of the rule for two 

instances of APCO discretion that did 

not meet CAA requirements for 

enforceability. BCAQMD’s 2015 rule 

revision corrects the two deficiencies 

identified in our previous action. The 

EPA’s technical support document 

(TSD) has more information about this 

rule. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rule? 

SIP rules must be enforceable (see 

CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must implement 

Reasonably Available Control Measures 

(RACM) in moderate PM nonattainment 

areas (see CAA sections 172(c)(1) and 

189(a)(1)(C)). BCAQMD regulates the 

Chico nonattainment area, which was 

classified as ‘‘nonattainment’’ for the 

2006 24-hour PM2.5 NAAQS on 

November 13, 2009 (74 FR 58688). On 

September 10, 2013 (78 FR 55225), EPA 

issued a determination that the area had 

attained the 2006 24-hour PM2.5

standard based on complete, qualityassured, and certified ambient air 

monitoring data for the 2010–2012 

monitoring period. Under EPA’s Clean 

Data Policy and the regulations that 

embody it (40 CFR 51.1004(c) for PM2.5), 

an EPA determination that an area is 

attaining the relevant standard suspends 

the area’s obligations to submit RACM 

for as long as the area continues to 

attain. Therefore, BCAQMD is not 

currently required to implement RACM 

for PM2.5. If the Chico nonattainment 

area is redesignated to attainment, 

RACM requirements for PM2.5 will no 

longer apply. 

Guidance and policy documents that 

we use to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations’’ 

(‘‘the Bluebook,’’ U.S. EPA, May 25, 1988; 

revised January 11, 1990). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule Deficiencies’’ 

(‘‘the Little Bluebook’’, EPA Region 9, 

August 21, 2001). 

B. Does the rule meet the evaluation 

criteria? 

We believe this rule is consistent with 

the relevant policy and guidance 

regarding enforceability and SIP 

relaxations. The TSD has more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rule 

The TSD describes additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rule but are not currently the basis for 

rule disapproval. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, the EPA is fully approving the 

submitted rule because we believe it 

fulfills all relevant requirements.1 This 

approval remedies both deficiencies 

identified by our limited approval and 

limited disapproval action at 80 FR 

38966, and therefore terminates the 

CAA sanction and Federal 

Implementation Plan clocks triggered by 

that action. We do not think anyone will 

object to this approval, so we are 

finalizing it without proposing it in 

advance. However, in the Proposed 

Rules section of this Federal Register, 

we are simultaneously proposing 

approval of the same submitted rule. If 

we receive adverse comments by 

November 10, 2016, we will publish a 

timely withdrawal in the Federal 

Register to notify the public that the 

direct final approval will not take effect 

and we will address the comments in a 

subsequent final action based on the 

proposal. If we do not receive timely 

adverse comments, the direct final 

approval will be effective without 

further notice on December 12, 2016. 

This will incorporate the rule into the 

federally enforceable SIP. 

III. 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 

BCAQMD rule 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). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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.); 


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70020 Federal Register / Vol. 81, No. 196 / Tuesday, October 11, 2016 / Rules and Regulations 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Public Law 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, 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 

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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 12, 

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. 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 today’s 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: July 21, 2016. 

Alexis Strauss, 

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)(423)(i)(G)(2) and 

(c)(474)(i)(C)(1) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(423) * * * 

(i) * * * 

(G) * * * 

(2) Previously approved on July 8, 

2015 in paragraph (c)(423)(i)(G)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(474)(i)(C)(1), Rule 300, ‘‘Open 

Burning Requirements, Prohibitions and 

Exemptions,’’ approved on February 24, 

2011. 

* * * * * 

(474) * * * 

(i) * * * 

(C) Butte County Air Quality 

Management District 

(1) Rule 300, ‘‘Open Burning 

Requirements, Prohibitions and 

Exemptions’’ amended on August 27, 

2015. 

* * * * * 

[FR Doc. 2016–24498 Filed 10–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2016–0199; FRL–9953–74– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Revision of Regulations 

for Sulfur Content of Fuel Oil 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

District of Columbia state 

implementation plan (SIP). The revision 

pertains to the update of the District of 

Columbia Municipal Regulations 

(DCMR) to lower the sulfur content of 

fuel oil. This action is being taken under 

the Clean Air Act (CAA). 

DATES: This rule is effective on 

December 12, 2016 without further 

notice, unless EPA receives adverse 

written comment by November 10, 

2016. If EPA receives such comments, it 

will publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2016–0199 at http:// 

www.regulations.gov, or via email to 

pino.maria@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, 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 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. 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 


ehiers on DSK5VPTVN1PROD with RULES