Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations 48769 

1For details on the EPA’s original FIP and 

additional background, see proposal at 82 FR 

28433. 

• 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). 

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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 10, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

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 YY—Wisconsin 

■ 2. Add § 52.2593 to read as follows: 

§ 52.2593 Visibility protection. 

(a) Approval. Wisconsin submitted its 

regional haze plan to EPA on January 

18, 2012, supplemented on June 7, 2012. 

The Wisconsin regional haze plan meets 

the requirements of Clean Air Act 

section 169B and the Regional Haze 

Rule in § 51.308. 

(b) Approval. Wisconsin submitted its 

five-year progress report on March 17, 

2017. The Progress Report meets the 

requirements of Clean Air Act sections 

169A and 169B and the Regional Haze 

Rule in § 51.308. 

[FR Doc. 2017–22705 Filed 10–19–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2017–0271; FRL–9969–85– 

Region 9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Nevada; 

Rescission of Visibility Protection 

Federal Implementation Plan for the 

Mohave Generating Station 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the Nevada 

Division of Environmental Protection’s 

(NDEP) request to rescind the visibility 

protection Federal Implementation Plan 

(FIP) that we promulgated on February 

8, 2002, to regulate air pollutant 

emissions from the Mohave Generating 

Station (MGS), located in Clark County, 

Nevada. The EPA is approving the 

NDEP’s request because MGS has been 

decommissioned and demolished. 

DATES: This rule is effective November 

20, 2017. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2017–0271. 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, 

e.g., Confidential Business Information 

(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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Krishna Viswanathan, EPA, Region IX, 

Air Division, Air Planning Office, (520) 

999–7880 or viswanathan.krishna@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action and Public Comment 

Period 

II. Final Action 

III. Environmental Justice Considerations 

IV. Statutory and Executive Order Reviews 

I. Proposed Action and Public Comment 

Period 

On June 22, 2017, the EPA proposed 

to rescind the MGS FIP because MGS 

had been decommissioned and 

demolished, as demonstrated by the 

supporting documentation provided by 

the NDEP.1 The EPA’s proposed action 

provided a 45-day public comment 

period. The EPA did not receive any 

comments on the proposal to rescind 

the MGS FIP. 

II. Final Action 

For the reasons explained in our 

proposal, we are approving the NDEP’s 

request to rescind the MGS FIP. 

III. Environmental Justice 

Considerations 

The EPA believes that this action will 

not have potential disproportionately 

high and adverse human health or 

environmental effects on minority, lowincome, or indigenous populations 

because it merely rescinds a FIP that is 

no longer applicable because the subject 

facility has been decommissioned and 

demolished. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Executive Order 13771: Reducing 

Regulations and Controlling Regulatory 

Costs 

This action is not an Executive Order 

13771 regulatory action because actions 

such as the Rescission of Visibility 

Protection Federal Implementation Plan 

for the Mohave Generating Station that 

apply to only one source is a Rule of 

Particular Applicability that are 

exempted under Executive Order 12866. 


nlaroche on DSK9F9SC42PROD with RULES
48770 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations 

C. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. 

D. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. 

E. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. 

F. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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. 

G. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175. It will not have substantial 

direct effects on any 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. Thus, 

Executive Order 13175 does not apply 

to this action. 

H. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern health or 

safety risks that the EPA has reason to 

believe may disproportionately affect 

children, per the definition of ‘‘covered 

regulatory action’’ in section 2–202 of 

the Executive Order. This action is not 

subject to Executive Order 13045 

because it merely rescinds a FIP 

covering a generating station that has 

been decommissioned and demolished. 

I. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 because it is not a 

significant regulatory action under 

Executive Order 12866. 

J. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. The EPA is not 

revising any technical standards or 

imposing any new technical standards 

in this action. 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome populations, and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The documentation for this decision is 

contained in section III above. 

L. Determination Under Section 307(d) 

Pursuant to CAA section 307(d)(1)(B), 

the EPA has determined that this action 

is subject to the provisions of section 

307(d). Section 307(d) establishes 

procedural requirements specific to 

certain rulemaking actions under the 

CAA. Pursuant to CAA section 

307(d)(1)(B), the rescission of the MGS 

FIP is subject to the requirements of 

CAA section 307(d), as it constitutes a 

revision to a FIP under CAA section 

110(c). Furthermore, CAA section 

307(d)(1)(V) provides that the 

provisions of section 307(d) apply to 

‘‘such other actions as the Administrator 

may determine.’’ The EPA determines 

that the provisions of 307(d) apply to 

the EPA’s action on the MGS FIP 

rescission. 

M. Congressional Review Act (CRA) 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. The EPA is not required to 

submit a rule report regarding this 

action under section 801 because this is 

a rule of particular applicability that 

only applies to a single, 

decommissioned facility. 

N. Petitions for Judicial Review 

Under CAA section 307(b)(1), 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 19, 2017. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule 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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Sulfur oxides. 

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

Dated: October 13, 2017. 

E. Scott Pruitt, 

Administrator, EPA. 

For the reasons set forth in the 

preamble, EPA amends 40 CFR part 52 

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 DD—Nevada 

§ 52.1488 [Amended] 

■ 2. Section 52.1488 is amended by 

removing and reserving paragraph (d). 

[FR Doc. 2017–22701 Filed 10–19–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 493 

[CMS–3271–F] 

RIN 0938–AS04 

Clinical Laboratory Improvement 

Amendments of 1988 (CLIA); Fecal 

Occult Blood (FOB) Testing 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS; Centers 

for Disease Control and Prevention 

(CDC), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Clinical Laboratory Improvement 

Amendments of 1988 (CLIA) regulations 

to clarify that the waived test 

categorization applies only to nonautomated fecal occult blood tests. 

DATES: These regulations are effective 

December 19, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Anderson, CDC, (404) 498–2280, 

or Daralyn Hassan, CMS, (410) 786– 

9360. 

SUPPLEMENTARY INFORMATION: 


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