Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43699 

introductory text, (a)(1), and (c) to read 

as follows: 

§ 102.72 Filing petition with general 

counsel: investigation upon motion of 

general counsel; transfer of petition and 

proceeding from region to general counsel 

or to another region; consolidation of 

proceedings in same region; severance; 

procedure before general counsel in cases 

over which the general counsel has 

assumed jurisdiction. 

(a) Whenever it appears necessary in 

order to effectuate the purposes of the 

Act, or to avoid unnecessary costs or 

delay, the General Counsel may permit 

a petition to be filed with him/her in 

Washington, DC, or may, at any time 

after a petition has been filed with a 

Regional Director pursuant to § 102.60, 

order that such petition and any 

proceeding that may have been 

instituted with respect thereto: 

(1) Be transferred to and continued 

before him/her, for the purpose of 

investigation or consolidation with any 

other proceeding which may have been 

instituted in a Regional Office or with 

him/her; or 

* * * * * 

(c) The Regional Director may 

exercise the powers in paragraphs (a)(2) 

and (4) of this section with respect to 

proceedings pending in his/her Region. 

■ 10. Amend § 102.80 by revising 

paragraph (b) to read as follows: 

§ 102.80 Dismissal of petition; refusal to 

process petition under expedited 

procedure. 

* * * * * 

(b) If it shall appear to the regional 

director that an expedited election is not 

warranted but that proceedings under 

subpart C of this part are warranted, he/ 

she shall so notify the parties in writing 

with a simple statement of the grounds 

for his/her decision. 

* * * * * 

■ 11. Amend § 102.81 by revising the 

first sentence of paragraph (a) and the 

first sentence of paragraph (c) to read as 

follows: 

§ 102.81 Review by the general counsel of 

refusal to proceed on charge; resumption of 

proceedings upon charge held during 

pendency of petition; review by general 

counsel of refusal to proceed on related 

charge. 

(a) Where an election has been 

directed by the Regional Director or the 

Board in accordance with the provisions 

of §§ 102.77 and 102.78, the Regional 

Director shall decline to issue a 

complaint on the charge, and he/she 

shall so advise the parties in writing, 

accompanied by a simple statement of 

the procedural or other grounds for his/ 

her action.* * * 

* * * * * 

(c) If in connection with an 8(b)(7) 

proceeding, unfair labor practice 

charges under other sections of the Act 

have been filed and the Regional 

Director upon investigation has 

declined to issue a complaint upon such 

charges, he/she shall so advise the 

parties in writing, accompanied by a 

simple statement of the procedural or 

other grounds for his/her action.* * * 

■ 12. Amend § 102.83 by revising the 

second sentence to read as follows: 

§ 102.83 Petition for referendum under 

Section 9(e)(1) of the Act; who may file; 

where to file; withdrawal. 

* * * The petition shall be in writing 

and signed, and either must be sworn to 

before a notary public, Board agent, or 

other person duly authorized by law to 

administer oaths and take 

acknowledgments or must contain a 

declaration by the person signing it, 

under the penalties of the Criminal 

Code, that its contents are true and 

correct to the best of his/her knowledge 

and belief.* * * 

■ 13. Amend § 102.118 by revising 

paragraphs (a) and (b) to read as follows: 

§ 102.118 Present and former Board 

employees prohibited from producing 

documents and testifying; production of 

witnesses’ statements after direct 

testimony. 

(a) Prohibition on producing files and 

documents. Except as provided in 

§ 102.117 respecting requests cognizable 

under the Freedom of Information Act, 

no present or former employee or 

specially designated agent of the Agency 

will produce or present any files, 

documents, reports, memoranda, or 

records of the Board or of the General 

Counsel, whether in response to a 

subpoena duces tecum or otherwise, 

without the written consent of the Board 

or the Chairman of the Board if the 

document is in Washington, DC, and in 

control of the Board; or of the General 

Counsel if the document is in a Regional 

Office of the Board or is in Washington, 

DC, and in the control of the General 

Counsel. A request that such consent be 

granted must be in writing and must 

identify the documents to be produced, 

the nature of the pending proceeding, 

and the purpose to be served by the 

production of the documents. 

(b) Prohibition on testifying. No 

present or former employee or specially 

designated agent of the Agency will 

testify on behalf of any party to any 

cause pending in any court or before the 

Board, or any other board, commission, 

or other administrative agency of the 

United States, or of any State, territory, 

or the District of Columbia, or any 

subdivisions thereof, with respect to any 

information, facts, or other matter 

coming to that person’s knowledge in 

that person’s official capacity or with 

respect to the contents of any files, 

documents, reports, memoranda, or 

records of the Board or of the General 

Counsel, whether in answer to a 

subpoena or otherwise, without the 

written consent of the Board or the 

Chairman of the Board if the person is 

in Washington, DC, and subject to the 

supervision or control of the Board or 

was subject to such supervision or 

control when formerly employed at the 

Agency; or of the General Counsel if the 

person is in a Regional Office of the 

Agency or is in Washington, DC, and 

subject to the supervision or control of 

the General Counsel or was subject to 

such supervision or control when 

formerly employed at the Agency. A 

request that such consent be granted 

must be in writing and must identify the 

person whose testimony is desired, the 

nature of the pending proceeding, and 

the purpose to be served by the 

testimony of the official. 

* * * * * 

National Labor Relations Board. 

Gary Shinners, 

Executive Secretary. 

[FR Doc. 2017–19781 Filed 9–18–17; 8:45 am] 

BILLING CODE 7545–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0110; FRL–9967–88– 

Region 1] 

Air Plan Approval; Maine; Regional 

Haze 5-Year Progress Report 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maine on 

February 23, 2016. Maine’s SIP revision 

addresses requirements of the Clean Air 

Act (CAA) and EPA’s rules that require 

States to submit periodic reports 

describing progress toward reasonable 

progress goals (RPGs) established for 

regional haze and a determination of the 

adequacy of the State’s existing regional 

haze SIP. Maine’s progress report notes 

that Maine has implemented the 

measures in the regional haze SIP due 

to be in place by the date of the progress 


asabaliauskas on DSKBBXCHB2PROD with RULES
43700 Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 

report and that visibility in federal Class 

I areas affected by emissions from Maine 

is improving and has already met the 

applicable RPGs for 2018. Maine also 

determined that the State’s regional 

haze SIP is adequate to meet these 

reasonable progress goals for the first 

implementation period covering 

through 2018 and requires no 

substantive revision at this time. 

DATES: This rule is effective on October 

19, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2016–0110. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., 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 at http://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Anne McWilliams, Air Quality Unit, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

Code OEP05–02), Boston, MA 02109– 

3912, telephone number (617) 918– 

1697, fax number (617) 918–0697, email 

mcwilliams.anne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision every five years that evaluates 

progress towards the RPGs for each 

mandatory Class I Federal area within 

the state and in each mandatory Class I 

Federal area outside the state which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

In addition, the provisions under 40 

CFR 51.308(h) require States to submit, 

at the same time as the 40 CFR 51.308(g) 

progress report, a determination of the 

adequacy of the state’s existing regional 

haze SIP. The first progress report SIP 

is due five years after submittal of the 

initial regional haze SIP. 

On July 20, 2017 (82 FR 33471), EPA 

published a notice of proposed 

rulemaking (NPR) proposing approval of 

Maine’s February 23, 2016 Regional 

Haze 5-Year Progress Report SIP 

revision on the basis that it satisfies the 

requirements of 40 CFR 51.308(g) and 

(h). 

The specific details of Maine’s 

February 23, 2016 SIP revision and the 

rationale for EPA’s approval are 

discussed in the NPR and will not be 

restated here. EPA received one 

comment agreeing with EPA’s 

assessment of Maine’s February 23, 

2016 Regional Haze 5-Year Progress 

Report. 

II. Final Action 

EPA is approving Maine’s February 

23, 2016 Regional Haze 5-Year Progress 

Report SIP submittal as meeting the 

requirements of 40 CFR 51.308(g) and 

(h). 

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 New 

Hampshire’s regulation described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available through http://

www.regulations.gov. 

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, 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.); 

• 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). 

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). 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 180 / Tuesday, September 19, 2017 / Rules and Regulations 43701 

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 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 November 20, 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: September 7, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

Part 52 of 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 U—Maine 

■ 2. In § 52.1020, the table in paragraph 

(e) is amended by adding the entry 

‘‘Regional Haze 5-Year Progress Report’’ 

at the end of the table to read as follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(e) * * * 

MAINE NON REGULATORY

Name of non regulatory SIP 

provision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date/effective 

date 

EPA approved date 3 Explanations 

*******

Regional Haze 5-Year Progress Report.Statewide ............ 2/23/2016 9/19/2017, [insert Federal Register citation].Progress report for the first regional haze planning period 

ending in 2018. 

3 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2017–19817 Filed 9–18–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

[Docket No. 160614520–7805–02] 

RIN 0648–XE686 

Endangered and Threatened Wildlife 

and Plants: Final Rule To List the Maui 

Dolphin as Endangered and the South 

Island Hector’s Dolphin as Threatened 

Under the Endangered Species Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: We, NMFS, issue a final rule 

to list the Maui dolphin 

(Cephalorhynchus hectori maui) as 

endangered and the South Island (SI) 

Hector’s dolphin (C. hectori hectori) as 

threatened under the Endangered 

Species Act (ESA). We considered 

comments submitted on the proposed 

listing rule and have determined that 

the Maui dolphin and the SI Hector’s 

dolphin warrant listing as endangered 

and threatened species, respectively. We 

will not designate critical habitat for 

either of these dolphin subspecies, 

because the geographical areas occupied 

by these dolphins are entirely outside 

U.S. jurisdiction, and we have not 

identified any unoccupied areas within 

U.S. jurisdiction that are currently 

essential to the conservation of either of 

these subspecies. 

DATES: This final rule is effective 

October 19, 2017. 

ADDRESSES: Endangered Species 

Division, NMFS Office of Protected 

Resources (F/PR3), 1315 East West 

Highway, Silver Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Manning, NMFS, Office of Protected 

Resources, lisa.manning@noaa.gov, 

(301) 427–8466. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2013, we received a 

petition from WildEarth Guardians to 

list 81 marine species or populations as 

endangered or threatened species under 

the ESA. We determined that the 

petition had sufficient merit for further 

consideration, and status reviews were 

initiated for 27 of the 81 species or 

populations, including the Hector’s 

dolphin (Cephalorhynchus hectori; 78 

FR 63941, October 25, 2013; 78 FR 

66675, November 6, 2013; 78 FR 69376, 

November 19, 2013; 79 FR 9880, 

February 21, 2014; and 79 FR 10104, 

February 24, 2014). On September 19, 

2016, we published a proposed rule to 

list the Maui dolphin (Cephalorhynchus 

hectori maui) as endangered and the SI 

Hector’s dolphin (C. hectori hectori) as 

threatened (81 FR 64110). We requested 


asabaliauskas on DSKBBXCHB2PROD with RULES