47398 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: On August 

24, 2017 (82 FR 40072), EPA published 

a direct final rule approving a SIP 

revision submitted by the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM). EPA took a direct 

final action to approve the portions of 

the May 7, 2012, submission that made 

changes to ADEM Administrative Code 

Rule 335–3–14–.04—‘‘Air Permits 

Authorizing Construction in Clean Air 

Areas [Prevention of Significant 

Deterioration Permitting (PSD)].’’ In 

particular, the revision adds a definition 

of ‘‘replacement unit’’ and provides that 

a replacement unit is a type of existing 

unit under the definition of ‘‘emissions 

unit,’’ consistent with Federal 

regulations. 

In the direct final rule, EPA explained 

that the Agency was publishing the rule 

without prior proposal because the 

Agency viewed the submittal as a noncontroversial SIP amendment and 

anticipated no adverse comments. 

Further, EPA explained that the Agency 

was publishing a separate document in 

the proposed rules section of the 

Federal Register to serve as the proposal 

to approve the SIP revision should an 

adverse comment be filed. EPA also 

noted that the rule would be effective 

generally 30 days after the close of the 

public comment period, without further 

notice unless the Agency received 

adverse comment by the close of the 

public comment period. EPA explained 

that if the Agency received such 

comments, then EPA would publish a 

document withdrawing the direct final 

rule and informing the public that the 

rule would not take effect. It was also 

explained that all public comments 

received would then be addressed in a 

subsequent final rule based on the 

proposed rule, and that EPA would not 

institute a second comment period on 

this action. 

EPA received two adverse comments 

on the aforementioned rule. As a result 

of these comments received, EPA is 

withdrawing the direct final rule 

approving the aforementioned changes 

to the Alabama SIPs. EPA will address 

the comments in a separate final action 

based on the proposed action also 

published on August 24, 2017 (82 FR 

40085). EPA will not open a second 

comment period for this action. 

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, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 29, 2017. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

■ Accordingly, the amendments to 40 

CFR 52.50(c) published on August 24, 

2017 (82 FR 40072), which was to 

become effective October 23, 2017, is 

withdrawn. 

[FR Doc. 2017–21940 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2017–0453; FRL–9969– 

45—Region 3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; City of 

Philadelphia; Control of Emissions 

From Existing Hospital/Medical/ 

Infectious Waste Incinerator Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to notify the public that it has 

received a negative declaration for 

hospital/medical/infectious waste 

incinerator (HMIWI) units within the 

City of Philadelphia. This negative 

declaration certifies that HMIWI units 

subject to the requirements of sections 

111(d) and 129 of the Clean Air Act 

(CAA) do not exist within the 

jurisdictional boundaries of the 

Philadelphia Air Management Service 

(AMS). EPA is accepting the negative 

declaration in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on 

December 11, 2017 without further 

notice, unless EPA receives adverse 

written comment by November 13, 

2017. 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 Number EPA– 

R03–OAR–2017–0453 at http://

www.regulations.gov, or via email to 

aquino.marcos@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 

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: 

Mike Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 111(d) and 129 of the CAA 

require states to submit plans to control 

certain pollutants (designated 

pollutants) at existing solid waste 

combustor facilities (designated 

facilities) whenever standards of 

performance have been established 

under section 111(b) for new sources of 

the same type, and EPA has established 

emission guidelines (EG) for such 

existing sources. A designated pollutant 

is any pollutant for which no air quality 

criteria have been issued, and which is 

not included on a list published under 

section 108(a) or section 112(b)(1)(A) of 

the CAA, but emissions of which are 

subject to a standard of performance for 

new stationary sources. 

On October 6, 2009 (74 FR 51368), 

EPA promulgated HMIWI unit new 

source performance standards, 40 CFR 

part 60, subpart Ec, and emission 

guidelines, subpart Ce. These 

regulations were amended in an April 4, 

2011 final rule (76 FR 18407). 

The designated facilities to which the 

EG apply are existing HMIWI units that: 

(1) Commenced construction on or 

before June 20, 1996, or for which 

modification was commenced on or 

before March 16, 1998; or (2) 

commenced construction after June 20, 

1996 but no later than December 1, 

2008, or for which modification 

commenced after March 16, 1998 but no 

later than April 6, 2010, with limited 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47399 

exceptions as provided in paragraphs 40 

CFR 60.32e(b) through (h). 

Subpart B of 40 CFR part 60 

establishes procedures to be followed 

and requirements to be met in the 

development and submission of state 

plans for controlling designated 

pollutants. Also, 40 CFR part 62 

provides the procedural framework for 

the submission of these plans. When 

designated facilities are located in a 

state, the state must then develop and 

submit a plan for the control of the 

designated pollutant. However, 40 CFR 

60.23(b) and 62.06 provide that if there 

are no existing sources of the designated 

pollutant in the state, the state may 

submit a letter of certification to that 

effect (i.e., negative declaration) in lieu 

of a plan. The negative declaration 

exempts the state from the requirements 

of subpart B that require the submittal 

of a 111(d)/129 plan. 

II. State Submittal and EPA Analysis 

Philadelphia AMS has determined 

that there are no HMIWI units subject to 

the requirements of Sections 111(d) and 

129 of the CAA in its respective air 

pollution control jurisdiction. 

Accordingly, Philadelphia AMS 

submitted a negative declaration letter 

to EPA certifying this fact on August 2, 

2011. The negative declaration letter 

and EPA’s technical support document 

for this action are available in the 

docket for this the docket for this 

rulemaking and available online at 

www.regulations.gov. 

III. Final Action 

In this direct final action, EPA is 

amending part 62 to reflect receipt of 

the negative declaration letter from 

Philadelphia AMS. EPA is publishing 

this rule without prior proposal because 

EPA views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on December 11, 2017 without 

further notice unless EPA receives 

adverse comment by November 13, 

2017. If EPA receives adverse comment, 

EPA will publish a timely withdrawal in 

the Federal Register informing the 

public that the rule will not take effect. 

EPA will address all public comments 

in a subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely notifies 

the public of EPA receipt of a negative 

declaration from an air pollution control 

agency without any existing HMIWI 

units in their jurisdiction. This action 

imposes no requirements. Accordingly, 

EPA certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this action 

does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

This action also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves the negative declaration for 

existing HMIWI units from the 

Philadelphia AMS and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the Clean Air Act. This action also is 

not subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

With regard to negative declarations 

for designated facilities received by EPA 

from states, EPA’s role is to notify the 

public of the receipt of such negative 

declarations and revise 40 CFR part 62 

accordingly. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to approve or disapprove a CAA section 

111(d)/129 plan negative declaration 

submission for failure to use VCS. It 

would thus be inconsistent with 

applicable law for EPA, when it reviews 

a CAA section 111(d)/129 negative 

declaration, to use VCS in place of a 

section 111(d)/129 negative declaration 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 December 11, 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. 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 this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 


jstallworth on DSKBBY8HB2PROD with RULES
47400 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

and address the comment in the 

proposed rulemaking. 

This action approving a negative 

declaration submitted by Philadelphia 

AMS for HMIWI units may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: September 19, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. Add § 62.9663 to read as follows: 

§ 62.9663 Identification of plan—negative 

declaration. 

Letter from the City of Philadelphia, 

Department of Public Health, submitted 

August 2, 2011, certifying that there are 

no existing hospital/medical/infectious 

waste incinerator units within the City 

of Philadelphia, Pennsylvania that are 

subject to 40 CFR part 60, subpart Ce. 

[FR Doc. 2017–22129 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 02–55, FCC 04–168] 

Improving Public Safety 

Communications in the 800 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

§ 90.675. This document is consistent 

with the Report and Order, which stated 

that the Commission would publish a 

document in the Federal Register 

announcing the effective date of the 

rule. 

DATES: 47 CFR 90.675, published at 69 

FR 67823, Nov. 22, 2004, is effective 

October 12, 2017. 

FOR FURTHER INFORMATION CONTACT: John 

A. Evanoff, Policy and Licensing 

Division, Public Safety and Homeland 

Security Bureau at (202) 418–0848 or 

john.evanoff@fcc.gov. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements, contact Nicole Ongele at 

(202) 418–2991. 

SUPPLEMENTARY INFORMATION: A 

summary of the 800 MHz Report and 

Order was published in the Federal 

Register on November 22, 2004, 69 FR 

67823. The 800 MHz Report and Order 

adopted rules designed to abate 

interference to public safety entities. 

The summary stated that with the 

exception of certain rules requiring 

OMB approval, the rules adopted in the 

800 MHz Report and Order would 

become effective January 21, 2005. With 

regard to rules requiring OMB approval, 

the Commission stated it will publish a 

document in the Federal Register 

announcing the effective date of these 

rules. The information collection 

requirements in §§ 22.972, 22.973, 

90.674, 90.675, 90.676 and 90.677 were 

approved by OMB under OMB Control 

No. 3060–1080. In a separate document 

published in the Federal Register on 

February 8, 2005, 70 FR 6762, the 

Commission announced that OMB 

approved the information collection 

requirements adopted in the 800 MHz 

Report and Order. On February 8, 2005, 

70 FR 6761, the Commission announced 

the effective date of §§ 22.972, 22.973, 

90.674, 90.676 and 90.677. However, the 

announcement inadvertently omitted to 

announce the effective date for the 

information collection requirements in 

§ 90.675. With publication of the instant 

document in the Federal Register, all 

rules adopted in the 800 MHz Report 

and Order are now effective. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Nicole Ongele, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1080, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on January 

27, 2005, for the information collection 

requirements contained in the 

modifications to 47 CFR 90.675. 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1080. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1080. 

OMB Approval Date: January 27, 

2005. 

OMB Expiration Date: October 31, 

2017. 

Title: Improving Public Safety 

Communications in the 800 MHz Band. 

Form Number: N/A. 

Respondents: Business or other for 

profit entities; Not-for-profit 

institutions, and State, Local or Tribal 

governments. 

Number of Respondents and 

Responses: 428 respondents; 2,143 

responses. 

Estimated Time per Response: 0.5 

hours–10 hours (4.5 hours average). 

Frequency of Response: On occasion 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in 47 U.S.C. 151, 154, 160, 

251–254, 303, and 332. 

Total Annual Burden: 7,411 hours. 

Total Annual Cost: $7,200. 

Nature and Extent of Confidentiality: 

The Commission will work with 

respondents to ensure that their 

concerns regarding the confidentiality of 

any proprietary or public safety 

sensitive information are resolved in a 

manner consistent with the 

Commission’s rules. See 47 CFR 0.459. 

Privacy Act: No impact(s). 

Needs and Uses: The information 

sought under §§ 22.972, 22.973, 90.674, 


jstallworth on DSKBBY8HB2PROD with RULES