Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40491 

Consideration (REC) supporting this 

determination is available in the docket 

where indicated in the ADDRESSES

section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0627 to read as 

follows: 

§ 165.T05–0627 Safety Zone; Atlantic 

Ocean, Ocean City, NJ. 

(a) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

petty officer, warrant or commissioned 

officer on board a Coast Guard vessel 

and or on board another Federal, State, 

or local law enforcement vessel assisting 

the Captain of the Port, Delaware Bay 

with enforcement of the safety zone. 

(b) Location. The following area is a 

safety zone: All waters of the North 

Atlantic Ocean within a 600 yard radius 

of the fireworks barge in approximate 

location latitude 39°16′22′′ N., longitude 

074°33′54′′ W., in the vicinity of the 

shoreline at Ocean City, NJ. 

(c) Regulations. (1) The general safety 

zone regulations found in § 165.23 

apply to the safety zone created by this 

temporary section. 

(2) Under the general safety zone 

regulations in § 165.23, persons may not 

enter the safety zone described in 

paragraph (b) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(3) To request permission to enter the 

safety zone, contact the COTP or the 

COTP’s representative on marine band 

radio VHF–FM channel 16 (156.8 MHz). 

All persons and vessels in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced August 26, 2017, from 

9 p.m. to 11:59 p.m. 

Dated: August 21, 2017. 

Scott E. Anderson, 

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

Port Delaware Bay. 

[FR Doc. 2017–18031 Filed 8–24–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0143; FRL–9966–59– 

Region 7] 

Air Plan Approval; Iowa; Amendment 

to the Administrative Consent Order, 

Grain Processing Corporation, 

Muscatine, Iowa 

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 State 

Implementation Plan (SIP) submitted by 

the State of Iowa for the purpose of 

incorporating an amendment to the 

Administrative Consent Order (ACO) for 

Grain Processing Corporation (GPC), 

Muscatine, Iowa. The revision amends 

the ACO to change the date for 

completion of performance testing to 

allow the state more time to complete 

processing air construction permit 

applications submitted by GPC and 

specify testing requirements as 

appropriate in the final permits. This 

revision will not impact the schedule 

for installation and operation of control 

equipment, will not alter any other 

compliance dates, and will not 

adversely affect air quality in 

Muscatine, Iowa. The state held a 30- 

day comment period, during which no 

comments were received. 

DATES: This direct final rule will be 

effective October 24, 2017, without 

further notice, unless EPA receives 

adverse comment by September 25, 

2017. If EPA receives adverse comment, 

we will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2017–0143, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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 methods, 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: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

This direct final action approves a 

revision to the Iowa State 

Implementation Plan (SIP) submitted by 

the State of Iowa for the purpose of 

incorporating an amendment to the 

Administrative Consent Order (ACO) 

with Grain Processing Corporation 

(GPC), Muscatine, Iowa. The revision 

changes the date for completion of 

performance testing from May 31, 2017, 

to May 31, 2018, and will allow the state 

more time to complete processing air 

construction permit applications 

submitted by GPC and specify testing 

requirements as appropriate in the final 

permits. This amendment will not 

impact the schedule for installation and 

operation of control equipment, will not 

alter any other compliance dates, and 


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40492 Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

will not adversely affect air quality in 

the Muscatine, Iowa, area. 

The state held a 30-day comment 

period, during which no comments 

were received. 

Additional information with respect 

to this rule is included in the Technical 

Support Document that is part of this 

docket. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The state instituted a 30-day 

comment period; no comments were 

received. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. In addition, as 

explained above and in more detail in 

the Technical Support Document which 

is part of this docket, the revision meets 

the substantive SIP requirements of the 

Clean Air Act (CAA), including section 

110 and implementing regulations. 

III. What action is EPA taking? 

This direct final action approves a SIP 

revision submitted by the State of Iowa 

for the purpose of incorporating an 

amendment to the Administrative 

Consent Order (ACO) with Grain 

Processing Corporation (GPC), 

Muscatine, Iowa. Additional 

information with respect to this rule is 

included in the Technical Support 

Document that is part of this docket. 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve this SIP 

revision. If adverse comments are 

received on this direct final rule, we 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. If 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

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 a revision to Iowa’s EPAapproved State source-specific permits 

described in the direct final 

amendments to 40 CFR part 52 set forth 

below. EPA has made, and will continue 

to make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 7 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 

State Implementation Plan, 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 by the 

Director of the Federal Register 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 

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 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 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). 

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). 

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 October 24, 2017. 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 


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Federal Register / Vol. 82, No. 164 / Friday, August 25, 2017 / Rules and Regulations 40493 

reference, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: August 9, 2017. 

Edward H. Chu, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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 Q—Iowa 

■ 2. In § 52.820, the table in paragraph 

(d) is amended by revising the entry 

‘‘(29) Grain Processing Corporation’’ to 

read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED IOWA SOURCE-SPECIFIC ORDERS/PERMITS

Name of source Order/Permit No. State effective 

date EPA approval date Explanation 

*******

(29) Grain Processing Corporation.Administrative Consent Order 

No. 2014–AQ–A1.

1–16–17 12/1/14, 79 FR 71025; 

amendment approved 8– 

25–17, [insert Federal 

Register citation].

The last sentence of Paragraph 5, Section III and 

Section VI are not approved by EPA as part of 

the SIP. 

* * * * * * * 

* * * * * 

[FR Doc. 2017–17417 Filed 8–24–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 12–267; FCC 17–100] 

Implementation of Transmitter 

Identification Requirements for Video 

Uplink Transmissions 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communications 

Commission (Commission) is issuing 

this final rule to is waive a transmitter 

identification requirement for certain 

digital video transmissions that cannot 

be made compliant by a software 

upgrade and incorporate by reference a 

new version of an existing standard. 

DATES: Effective September 25, 2017. 

The incorporation by reference of a 

publication listed in the rule is 

approved by the Director of the Federal 

Register as of September 25, 2017. 

ADDRESSES: FCC Reference Information 

Center, Portals II, 445 12th Street SW., 

Room CY–A257, Washington, DC 20554 

for full text of ‘‘Memorandum Opinion 

and Order, FCC 17–100’’ (also at https:// 

apps.fcc.gov/edocs_public/attachmatch/ 

FCC-17-100A1.pdf) and inspection of 

material incorporated by reference. See 

SUPPLEMENTARY INFORMATION for details. 

FOR FURTHER INFORMATION CONTACT: Clay 

DeCell, 202–418–0803, Clay.DeCell@

fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s 

Memorandum Opinion and Order, FCC 

17–100, adopted July 28, 2017, and 

released August 1, 2017. The full text of 

this document is available at https://

apps.fcc.gov/edocs_public/attachmatch/ 

FCC-17-100A1.pdf. It is also available 

for inspection and copying during 

business hours in the FCC Reference 

Information Center, Portals II, 445 12th 

Street SW., Room CY–A257, 

Washington, DC 20554. To request 

materials in accessible formats for 

people with disabilities, send an email 

to FCC504@fcc.gov or call the Consumer 

& Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

Synopsis 

In the Part 25 Order, FCC 13–111, the 

Commission concluded that adoption of 

the Digital Video Broadcasting–Carrier 

Identification (DVB–CID) standard for 

digital video uplinks from temporaryfixed earth stations was appropriate to 

address potential instances of harmful 

interference, by making transmissions 

more readily identifiable by satellite 

operators. We continue to believe that 

an added cost of a few hundred dollars 

per unit is justified to achieve this goal 

for earth station equipment that can 

undergo a software upgrade. We also 

agree with the overwhelming response 

from commenters in this proceeding on 

the implementation of the DVB–CID 

standard, however, that the much more 

significant expense of replacing older 

equipment that cannot simply undergo 

a software update would be unduly 

burdensome to operators, many of 

which are small businesses. And 

importantly, we note that no satellite 

operators, the direct beneficiaries of the 

DVB–CID requirement, opposed further 

relief. 

Based on the record, we conclude it 

will serve the public interest to waive 

47 CFR 25.281(b) for earth stations using 

modulators manufactured before August 

1, 2017, that cannot be made compliant 

with the DVB–CID standard by a 

software upgrade. This waiver will 

allow use and resale of non-compliant 

modulators until the end of their useful 

life, but requires earth stations using 

newly manufactured modulators to be 

DVB–CID compliant. Other affected 

earth stations must meet the DVB–CID 

standard by September 3, 2017. We 

conclude this treatment best balances 

the costs and benefits of implementing 

DVB–CID in light of the significant cost 

disparity presented in the record. We 

believe that the amount of equipment 

affected by this waiver will steadily 

decrease as such equipment reaches the 

end of its useful life. Should the 

Commission find that the continued 

operation of non-compliant equipment 

causes a pattern of complaints from 

satellite operators that they are having 

difficulty identifying the sources of any 

harmful interference, the Commission 

may revisit this waiver. 

Procedural Matters 

This document does not contain new 

or modified information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104– 

13. In addition, therefore, it does not 


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