46134 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting for eleven hours on each of 

sixteen days during daylight hours and 

restricts transit on a section of the 

Upper Mississippi River extending one 

mile. It is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

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.T08–0585 to read as 

follows: 

§ 165.T08–0585 Safety Zone; Upper 

Mississippi River, Crystal City, MO. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper Mississippi River between mile 

marker (MM) 147.5 and MM 148.5, 

Crystal City, MO. 

(b) Definitions. As used in this 

section, a designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Upper Mississippi River 

(COTP) in the enforcement of the safety 

zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in § 165.23, you 

may not enter the safety zone described 

in paragraph (a) of this section unless 

authorized by the COTP or a designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or Coast Guard Sector Upper 

Mississippi River by telephone at 314– 

269–2332. Those persons authorized to 

be in the safety zone must comply with 

all lawful orders or directions given to 

them by the COTP or a designated 

representative. 

(d) Effective period. This section will 

be effective from 7:30 a.m. through 6:30 

p.m. on October 17, 2017 through 

November 1, 2017. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the safety zone 

as well as any changes in the dates and 

times of enforcement. 

Dated: September 27, 2017. 

Scott A. Stoermer, 

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

Port Upper Mississippi River. 

[FR Doc. 2017–21256 Filed 10–3–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0321; FRL–9968–72– 

Region 4] 

Air Plan Approval; North Carolina; 

Interstate Transport 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving North 

Carolina’s December 9, 2015, State 

Implementation Plan (SIP) submission 

pertaining to the Clean Air Act’s (CAA 

or Act) ‘‘good neighbor’’ provision for 

the 2008 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS). The good neighbor provision 

requires each state’s SIP to address the 

interstate transport of air pollution in 

amounts that contribute significantly to 

nonattainment, or interfere with 

maintenance, of a NAAQS in any other 

state. EPA concludes that North 

Carolina’s SIP contains adequate 

provisions to prohibit emissions within 

the state from contributing significantly 

to nonattainment or interfering with 

maintenance of the 2008 8-hour ozone 

NAAQS in any other state. 

DATES: This rule will be effective 

November 3, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0321. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 federal holidays. 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 46135 

1This action addresses only prongs 1 and 2 of 

section 110(a)(2)(D)(i). All other infrastructure SIP 

elements for North Carolina for the 2008 8-hour 

ozone NAAQS were addressed in separate 

rulemakings. See 80 FR 68453 (November 5, 2015), 

81 FR 35634 (June 3, 2016), and 81 FR 63107 

(September 14, 2016). 

FOR FURTHER INFORMATION CONTACT: 

Ashten Bailey, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. Bailey 

can also be reached via telephone at 

(404) 562–9164 and via electronic mail 

at bailey.ashten@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 27, 2008, EPA promulgated 

an ozone NAAQS that revised the levels 

of the primary and secondary 8-hour 

ozone standards from 0.08 parts per 

million (ppm) to 0.075 ppm. See 73 FR 

16436. Pursuant to CAA section 

110(a)(1), within three years after 

promulgation of a new or revised 

NAAQS (or shorter, if EPA prescribes), 

states must submit SIPs that meet the 

applicable requirements of section 

110(a)(2). EPA has historically referred 

to these SIP submissions made for the 

purpose of satisfying the requirements 

of sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. One 

of the structural requirements of section 

110(a)(2) is section 110(a)(2)(D)(i), 

which generally requires SIPs to contain 

adequate provisions to prohibit in-state 

emissions activities from having certain 

adverse air quality effects on 

neighboring states due to interstate 

transport of air pollution. There are four 

sub-elements, or ‘‘prongs,’’ within 

section 110(a)(2)(D)(i) of the CAA. CAA 

section 110(a)(2)(D)(i)(I), also known as 

the ‘‘good neighbor’’ provision, requires 

SIPs to include provisions prohibiting 

any source or other type of emissions 

activity in one state from emitting any 

air pollutant in amounts that will 

contribute significantly to 

nonattainment, or interfere with 

maintenance, of the NAAQS in another 

state. The two provisions of this section 

are referred to as prong 1 (significant 

contribution to nonattainment) and 

prong 2 (interference with 

maintenance). Section 110(a)(2)(D)(i)(II) 

requires SIPs to contain adequate 

provisions to prohibit emissions that 

will interfere with measures required to 

be included in the applicable 

implementation plan for any other state 

under part C to prevent significant 

deterioration of air quality (prong 3) or 

to protect visibility (prong 4). 

On December 9, 2015, North Carolina 

submitted a SIP submittal containing a 

certification that North Carolina is 

meeting the requirements of CAA 

section 110(a)(2)(D)(i)(I) for the 2008 8- 

hour ozone NAAQS because, based on 

available emissions and air quality 

modeling data, emissions activities 

within North Carolina will not 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2008 8-hour ozone 

NAAQS in any other state. In a notice 

of proposed rulemaking (NPRM) 

published on August 10, 2017 (82 FR 

37371), EPA proposed to approve North 

Carolina’s SIP as meeting the 

requirements of prongs 1 and 2 for the 

2008 8-hour ozone NAAQS.1 The NPRM 

provides additional detail regarding the 

background and rationale for EPA’s 

action. Comments on the NPRM were 

due on or before September 11, 2017. 

EPA received no adverse comments on 

the proposed action. 

II. Final Action 

EPA is taking final action to approve 

North Carolina’s December 9, 2015, SIP 

submission addressing the good 

neighbor infrastructure SIP 

requirements, section 110(a)(2)(D)(i)(I) 

(prongs 1 and 2), for the 2008 8-hour 

ozone NAAQS. EPA is taking final 

action to approve the SIP submission 

because it is consistent with section 110 

of the CAA. EPA notes that the Agency 

is not approving any specific rule, but 

rather concluding that North Carolina’s 

already approved SIP meets certain 

CAA requirements. 

III. 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. 

See 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 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 


sradovich on DSK3GMQ082PROD with RULES
46136 Federal Register / Vol. 82, No. 191 / Wednesday, October 4, 2017 / Rules and Regulations 

1Areas designated as mandatory Class I federal 

areas consist of national parks exceeding 6000 

acres, wilderness areas and national memorial parks 

exceeding 5000 acres, and all international parks 

that were in existence on August 7, 1977 (42 U.S.C. 

7472(a)). These areas are listed at 40 CFR part 81, 

subpart D. 

circuit by December 4, 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 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 21, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

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 II—North Carolina 

■ 2. Section 52.1770(e) is amended by 

adding a new entry ‘‘110(a)(1) and (2) 

Infrastructure Requirements for the 2008 

8-Hour Ozone NAAQS’’ at the end of 

the table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date 

Federal Register 

citation Explanation 

*******

110(a)(1) and (2) Infrastructure Requirements for the 2008 8-Hour Ozone 

NAAQS.

12/9/2015 10/4/2017 [Insert citation of 

publication].

Addressing prongs 1 and 2 of section 

110(a)(2)(D)(i) only. 

[FR Doc. 2017–21247 Filed 10–3–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0634; FRL–9968–71– 

Region 4] 

Air Plan Approval; Georgia; Regional 

Haze Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of 

Georgia, Department of Natural 

Resources, through the Georgia 

Environmental Protection Division (GA 

EPD) on January 8, 2014. Georgia’s 

January 8, 2014, SIP revision (Progress 

Report) addresses requirements of the 

Clean Air Act (CAA or Act) and EPA’s 

rules that require each state to submit 

periodic reports describing progress 

towards reasonable progress goals 

(RPGs) established for regional haze and 

a determination of the adequacy of the 

state’s existing SIP addressing regional 

haze (regional haze plan). EPA is 

finalizing approval of Georgia’s 

determination that the State’s regional 

haze plan is adequate to meet these 

RPGs for the first implementation 

period covering through 2018 and 

requires no substantive revision at this 

time. 

DATES: This rule is effective November 

3, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0634. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Michele Notarianni, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Notarianni can be reached by phone at 

(404) 562–9031 and via electronic mail 

at notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

States are required to submit a 

progress report in the form of a SIP 

revision that evaluates progress towards 

the RPGs for each mandatory Class I 

federal area 1 (Class I area) within the 

state and for each Class I area outside 

the state which may be affected by 

emissions from within the state. 40 CFR 

51.308(g). In addition, the provisions of 

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 plan. On 

January 8, 2014, Georgia submitted its 

Progress Report which, among other 

things, details the progress made in the 

first period toward implementation of 

the long term strategy outlined in the 

State’s regional haze plan; the visibility 

improvement measured at the three 

Class I areas within its borders (Cohutta 

Wilderness Area, Okefenokee 

Wilderness Area, and Wolf Island 

Wilderness Area) and at Class I areas 


sradovich on DSK3GMQ082PROD with RULES