46672 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

Income Taxes 

CFR Correction 

In Title 26 of the Code of Federal 

Regulations, § 1.1551 to end of part 1, 

revised as of April 1, 2017, on page 331, 

in § 1.6045–4, in paragraph (m), after the 

designation (1), the designation (i) is 

added. 

[FR Doc. 2017–21741 Filed 10–5–17; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2017–0909] 

Special Local Regulations; Marine 

Events Within the Fifth Coast Guard 

District 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

special local regulations for the Swim 

the Loop and Motts Channel Sprint on 

October 7, 2017, to provide for the 

safety of life on navigable waterways 

during this event. Our regulation for 

marine events within the Fifth Coast 

Guard District identifies the regulated 

area for this event in Wrightsville 

Beach, NC. During the enforcement 

periods, the operator of any vessel in the 

regulated area must comply with 

directions from the Patrol Commander 

or any Official Patrol displaying a Coast 

Guard ensign. 

DATES: The regulations in 33 CFR 

100.501 will be enforced for the Swim 

the Loop and Motts Channel Sprint 

regulated area listed in item d.1 in the 

Table to § 100.501 from 9:30 a.m. to 

noon on October 7, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, contact Petty Officer 

Matthew Tyson, Waterways 

Management Division, U.S. Coast Guard 

Sector North Carolina, Wilmington, NC; 

telephone: 910–772–2221, email: 

Matthew.I.Tyson@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce special local 

regulations in 33 CFR 100.501 for the 

Swim the Loop and Motts Channel 

Sprint regulated area from 9:30 a.m. to 

noon on October 7, 2017. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

event. Our regulation for marine events 

within the Fifth Coast Guard District, 

§ 100.501, specifies the location of the 

regulated area for the Swim the Loop 

and Motts Channel Sprint which 

encompasses portions of Motts Channel, 

Banks Channel, Lee’s Cut, and the 

Atlantic Intracoastal Waterway. During 

the enforcement periods, as reflected in 

§ 100.100(c), if you are the operator of 

a vessel in the regulated area you must 

comply with directions from the Patrol 

Commander or any Official Patrol 

displaying a Coast Guard ensign. 

This notice of enforcement is issued 

under authority of § 100.100(f) and 5 

U.S.C. 552(a). In addition to this notice 

of enforcement in the Federal Register, 

the Coast Guard plans to provide 

notification of this enforcement period 

via a Broadcast Notice to Mariners. 

Dated: October 2, 2017. 

Bion B. Stewart, 

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

Port, North Carolina. 

[FR Doc. 2017–21570 Filed 10–5–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0515; FRL–9968– 

80—Region 7] 

Approval of Missouri Air Quality 

Implementation Plans; Infrastructure 

SIP Requirements for the 2010 Sulfur 

Dioxide National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

a State Implementation Plan (SIP) 

revision from the State of Missouri for 

the 2010 Sulfur Dioxide (SO2) National 

Ambient Air Quality Standard 

(NAAQS). Section 110 of the CAA 

requires that each state adopt and 

submit a SIP for the implementation, 

maintenance, and enforcement of each 

new or revised NAAQS promulgated by 

EPA. These SIPs are commonly referred 

to as ‘‘infrastructure’’ SIPs. The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: This direct final rule will be 

effective December 5, 2017, without 

further notice, unless EPA receives 

adverse comment by November 6, 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–2017–0515, to https://

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 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Tracey Casburn, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7016, or by email at 

casburn.tracey@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. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

EPA is approving the revision as 

meeting the submittal requirement of 

section 110(a)(1). EPA is approving 

elements of the infrastructure SIP 

submission from the State of Missouri 

received on July 08, 2013. EPA is 

approving the following elements of 

section 110(a)(2): (A), (B), (C), (D)(i)(II)— 

prevention of significant deterioration of 


asabaliauskas on DSKBBXCHB2PROD with RULES
Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 46673 

air quality (prong 3), (D)(ii), (E) through 

(H), and (J) through (M). EPA is not 

acting on the elements of section 

110(a)(2)(D)(i)(I)—significant 

contribution to nonattainment (prong 1), 

interfering with maintenance of the 

NAAQs (prong 2) or section 110(a)(2)(I). 

EPA intends to act on section 

110(a)(2)(D)(i)(II)—protection of 

visibility (prong 4) in a separate action. 

A Technical Support Document (TSD) 

is included as part of the docket to 

discuss the details of this action, 

including analysis of how the SIP meets 

the applicable 110 requirements for 

infrastructure SIPs. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state’s submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The state held a public comment 

period from The MDNR held a public 

hearing and comment period from April 

30, 2013, to June 6, 2013. EPA provided 

comments on May 23, 2013 and were 

the only commenters. A public hearing 

was held on May 30, 2013. The 

submission satisfied the completeness 

criteria of 40 CFR part 51, appendix V 

for all elements except 

110(a)(2)(D)(i)(I)—prongs 1 and 2. As 

explained in more detail in the TSD, 

which is part of this docket, the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

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 the 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. 

EPA is approving elements of the July 

8, 2013, infrastructure SIP submission 

from the State of Missouri, which 

addresses the requirements of CAA 

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

to the 2010 SO2 NAAQS. As stated 

above, EPA is approving the revision as 

meeting the submittal requirement of 

section 110(a)(1) and approving the 

following elements of section 110(a)(2): 

(A), (B), (C), (D)(i)(II)—prevention of 

significant deterioration of air quality 

(prong 3), (D)(ii), (E) through (H), and (J) 

through (M). EPA is not acting on 

section 110(a)(2)(I). EPA intends to act 

on section 110(a)(2)(D)(i)(II)—protection 

of visibility (prong 4) in a separate 

action. 

EPA is not acting on the elements of 

section 110(a)(2)(D)(i)(I)—significant 

contribution to nonattainment (prong 1), 

interfering with maintenance of the 

NAAQs (prong 2) because those 

elements were not addressed in the SIP 

revision submittal. 

EPA is not taking action on section 

110(a)(2)(D)(I) as the agency does not 

expect infrastructure SIP revisions to 

address the element. Section 110(a)(2)(I) 

requires that in the case of a plan or 

plan revision for areas designated as 

nonattainment areas, states must meet 

applicable requirements of part D of the 

CAA, relating to SIP requirements for 

designated nonattainment areas. EPA 

does not expect infrastructure SIP 

submissions to address element (I). The 

specific SIP submissions for designated 

nonattainment areas, as required under 

CAA title I, part D, are subject to 

different submission schedules than 

those for section 110 infrastructure 

elements. EPA will take action on part 

D attainment plan SIP submissions 

through a separate rulemaking governed 

by the requirements for nonattainment 

areas, as described in part D. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: September 21, 2017. 

Cathy Stepp, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA is amending 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. 


asabaliauskas on DSKBBXCHB2PROD with RULES
46674 Federal Register / Vol. 82, No. 193 / Friday, October 6, 2017 / Rules and Regulations 

1Federal Implementation Plans; Interstate 

Transport of Fine Particulate Matter and Ozone and 

Correction of SIP Approvals, 76 FR 48208 (August 

8, 2011) (codified as amended at 40 CFR 52.38 and 

52.39 and subparts AAAAA through EEEEE of 40 

CFR part 97). 

2See 81 FR 74504 (October 26, 2016). The CSAPR 

Update was promulgated to address interstate 

pollution with respect to the 2008 8-hour Ozone 

NAAQS and to address a judicial remand of certain 

original CSAPR ozone season NOX budgets 

promulgated with respect to the 1997 8-hour Ozone 

NAAQS. Id. at 74505. The CSAPR Update 

established new emission reduction requirements 

Subpart AA—Missouri 

■ 2. Amend § 52.1320 by adding 

paragraph (e)(65) to read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of non-regulatory 

SIP revision 

Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

(65) Sections 110(a)(1) 

and 110(a)(2) Infrastructure Requirements for 

the 2010 Sulfur Dioxide 

NAAQS.

Statewide .......................... 7/8/2013 10/6/2017, [Insert Federal 

Register citation].

This action approves the following CAA 

elements: 110(a)(1) and 110(a)(2)(A), 

(B), (C), (D)(i)(II)—prong 3, (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and 

(M). EPA is not acting on 

110(a)(2)(D)(i)(I)—prongs 1 and 2. 

110(a)(2)(I) is not applicable. EPA intends to act on 110(a)(2)(D)(i)(II)— 

prong 4 in a separate action. [EPA– 

R07–OAR–2017–0515; FRL–9968– 

80–Region 7.] 

* * * * * * * 

[FR Doc. 2017–21532 Filed 10–5–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0415; FRL–9968– 

93—Region 4] 

Air Plan Approval; Alabama; CrossState Air Pollution Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

the October 26, 2015, and May 19, 2017, 

State Implementation Plan (SIP) 

revisions from Alabama replacing the 

Cross-State Air Pollution Rule (CSAPR) 

federal implementation plan (FIP). 

Under CSAPR, large electricity 

generating units (EGUs) in Alabama are 

subject to FIP provisions requiring the 

units to participate in a federal 

allowance trading program for ozone 

season emissions of nitrogen oxides 

(NOX). This action approves into 

Alabama’s SIP the State’s regulations 

requiring Alabama’s affected units to 

participate in a new state allowance 

trading program for ozone season NOX

emissions integrated with the CSAPR 

federal trading programs, replacing the 

corresponding CSAPR FIP requirements 

for Alabama. This state trading program 

is substantively identical to the federal 

trading program except with regard to 

the provisions allocating emission 

allowances among Alabama units. 

Under the CSAPR regulations, final 

approval of these portions of the SIP 

revisions automatically eliminates 

Alabama units’ FIP requirements to 

participate in CSAPR’s federal 

allowance trading program for ozone 

season NOX emissions. Approval also 

fully satisfies Alabama’s good neighbor 

obligation under the Clean Air Act 

(CAA or Act) to prohibit emissions 

which will significantly contribute to 

nonattainment or interfere with 

maintenance of the 1997 8-hour Ozone 

National Ambient Air Quality Standards 

(NAAQS) in any other state; and 

partially satisfies Alabama’s good 

neighbor obligation under the CAA to 

prohibit emissions which will 

significantly contribute to 

nonattainment or interfere with 

maintenance of the 2008 8-hour Ozone 

NAAQS in any other state. 

DATES: This rule will be effective 

November 6, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No EPA–R04–OAR–2017– 

0415. 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: 

Ashten Bailey, Air Regulatory 

Management Section, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. Bailey 

can be reached by telephone at (404) 

562–9164 or via electronic mail at 

bailey.ashten@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on CSAPR and CSAPRRelated SIP Revisions 

EPA issued CSAPR 1 in July 2011 and 

the CSAPR Update 2 in 2016 to address 


asabaliauskas on DSKBBXCHB2PROD with RULES