Reconsideration of Finding That Greenhouse Gas Emissions From Aircraft Cause or Contribute to Air Pollution That May Reasonably Be Anticipated To Endanger Public Health and Welfare, 96413-96415 [2016-31644]
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules
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the bet in the ‘‘exacta’’ pool and $3,100 with
respect to the bet in the ‘‘trifecta’’ pool.
Under paragraph (c)(1)(iii)(A) of this section,
the bets are not identical bets. Under
paragraph (c)(1)(ii) of this section, the bets
are not aggregated for purposes of
determining the amount of the wager for
either payment because they are not wagers
in the same parimutuel pool. No section
3402(q) withholding is required on either
payment because neither payment separately
exceeds the $5,000 withholding threshold.
Example 15. C makes two $100 bets for the
same dog to win a particular race. C places
one bet at the racetrack and one bet at an offtrack betting establishment, but the two pools
constitute a single pool. C receives separate
tickets for each bet. C wins both bets and is
paid $4,000 from the racetrack and $4,000
from the off-track betting establishment.
Under paragraph (c)(1)(ii) of this section, the
bets are not aggregated for purposes of
determining the amount of the wager because
the wager placed at the racetrack and the
wager placed at the off-track betting
establishment are reflected on separate
tickets, despite being placed in the same
parimutuel pool. No section 3402(q)
withholding is required because neither
payment separately exceeds the $5,000
withholding threshold.
Example 16. C places a $200 Pick 6 bet
for a series of races at the racetrack on a
particular day and receives a single ticket for
the bet. No wager correctly picks all six races
that day, so that portion of the pool carries
over to the following day. On the following
day, C places an additional $200 Pick 6 bet
for that day’s series of races and receives a
new ticket for that bet. C wins $100,000 on
the second day. Pursuant to the rule in
paragraph (c)(1)(ii) of this section, the bets
are on two separate tickets, so C’s two Pick
6 bets are not aggregated for purposes of
determining the amount of the wager.
Assuming that the applicable rate is 25%, the
racetrack must deduct and withhold $24,950
(($100,000 ¥ $200) × 25%) because the
amount of the proceeds of $99,800 ($100,000
¥ $200) is greater than $5,000, and is at least
300 times as great as the amount wagered
($200 × 300 = $60,000). The racetrack also
must report C’s winnings on Form W–2G
pursuant to paragraph (e) of this section and
furnish a copy of the Form W–2G to C.
(g) Applicability date. These rules
apply to payments made after [the date
of publication of the Treasury decision
adopting these rules as final regulations
in the Federal Register]. For rules that
apply to payments made before that
date, see 26 CFR 31.3402(q)–1 (revised
April 2015).
■ Par. 3. Section 31.3406–0 is amended
by adding an entry for paragraph (h) to
§ 31.3406(g)–2 to read as follows:
§ 31.3406–0 Outline of the backup
withholding regulations.
*
*
*
*
*
*
VerDate Sep<11>2014
*
§ 31.3406(g)–2 Exception for reportable
payment for which withholding is otherwise
required.
*
*
*
*
*
(d) * * *
(2) Definition of a reportable gambling
winning and determination of amount
subject to backup withholding. For
purposes of withholding under section
3406, a reportable gambling winning is
any gambling winning subject to
information reporting under section
6041. A gambling winning (other than a
winning from bingo, keno, or slot
machines) is a reportable gambling
winning only if the amount paid with
respect to the wager is $600 or more and
if the proceeds are at least 300 times as
large as the amount wagered. See
§ 1.6041–10 of this chapter to determine
whether a winning from bingo, keno, or
slot machines is a reportable gambling
winning and thus subject to
withholding under section 3406. The
amount of a reportable gambling
winning is—
(i) The amount paid with respect to
the amount of the wager reduced, at the
option of the payer; by
(ii) The amount of the wager.
(3) Special rules. For special rules for
determining the amount of the wager in
a wagering transaction with respect to
horse racing, dog racing, and jai alai, or
amounts paid with respect to identical
wagers, see § 31.3402(q)–1(c).
*
*
*
*
*
(h) Applicability date. The rules apply
to reportable gambling winnings paid
after [the date of publication of the
Treasury decision adopting these rules
as final regulations in the Federal
Register]. For reportable gambling
winnings paid on or before [the date of
publication of the Treasury decision
adopting these rules as final regulations
in the Federal Register], § 31.3406(g)–
2 (as contained in 26 CFR part 31,
revised April 2015) applies.
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
*
§ 31.3406(g)–2 Exception for reportable
payments for which backup withholding is
otherwise required.
*
(h) Effective/applicability date.
*
*
*
*
■ Par. 4. Section 31.3406(g)–2 is
amended by revising paragraphs (d)(2)
and (3) and adding paragraph (h) to read
as follows:
*
[FR Doc. 2016–31579 Filed 12–29–16; 8:45 am]
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96413
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 87 and 1068
[EPA–HQ–OAR–2014–0828; FRL–9957–73–
OAR]
Reconsideration of Finding That
Greenhouse Gas Emissions From
Aircraft Cause or Contribute to Air
Pollution That May Reasonably Be
Anticipated To Endanger Public Health
and Welfare
Environmental Protection
Agency (EPA).
ACTION: Notice of final action denying
petition for reconsideration.
AGENCY:
This action provides notice
that the U.S. Environmental Protection
Agency (EPA) Administrator, Gina
McCarthy, denied a petition for
reconsideration of the final Finding that
Greenhouse Gas Emissions from Aircraft
Cause or Contribute to Air Pollution that
May Reasonably Be Anticipated to
Endanger Public Health and Welfare,
published in the Federal Register on
August 15, 2016.
DATES: The EPA took final action to
deny the petition for reconsideration on
December 21, 2016.
FOR FURTHER INFORMATION CONTACT:
Lesley Jantarasami, Office of
Atmospheric Programs, Climate Change
Division, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Mail Code 6207–A, Washington DC
20460; Telephone number: (202) 343–
9990; Email address:
ghgendangerment@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
A. How can I get copies of this
document and other related
information?
This Federal Register document, the
petition for reconsideration and the
EPA’s response addressing the petition
for reconsideration are available in the
docket under Docket ID No. EPA–HQ–
OAR–2014–0828.
Docket. The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2014–0828.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the EPA Docket Center (EPA/
DC), EPA WJC West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
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96414
Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules
srobinson on DSK5SPTVN1PROD with PROPOSALS
(202) 566–1744, and the telephone
number for the Air Docket is (202) 566–
1742. This action, the petition for
reconsideration and the EPA’s response
addressing the petition can also be
found on the EPA’s Web site at https://
www.epa.gov/regulations-emissionsvehicles-and-engines/final-rule-findinggreenhouse-gas-emissions-aircraft.
Electronic access. You may access this
Federal Register document
electronically from the Government
Printing Office under the ‘‘Federal
Register’’ listings at FDSys (https://
www.gpo.gov/fdsys/browse/
collection.action?collectionCode=FR).
II. Judicial Review
Section 307(b)(1) of the Clean Air Act
(CAA) indicates which Federal Court of
Appeals have venue over petitions for
review of final EPA actions. This section
provides, in part, that the petitions for
review must be filed in the Court of
Appeals for the District of Columbia
Circuit if: (i) The agency action consists
of ‘‘nationally applicable regulations
promulgated, or final action taken, by
the Administrator;’’ or (ii) such actions
are locally or regionally applicable, if
‘‘such action is based on a
determination of nationwide scope or
effect and if in taking such action the
Administrator finds and publishes that
such action is based on such a
determination.’’
The EPA has determined that its
action denying the petition for
reconsideration is nationally applicable
for purposes of CAA section 307(b)(1)
because it affects the final Finding that
Greenhouse Gas Emissions from Aircraft
Cause or Contribute to Air Pollution that
May Reasonably Be Anticipated to
Endanger Public Health and Welfare,
and that finding triggers the EPA’s
statutory duty to promulgate aircraft
engine emission standards under CAA
section 231, which are nationally
applicable regulations and for which
judicial review will be available only in
the U.S. Court of Appeals for the District
of Columbia Circuit. Moreover, EPA
already determined that the subject
finding was nationally applicable, see
81 FR 54422 (Aug. 15, 2016), and that
finding has in fact been challenged in
the U.S. Court of Appeals for the District
of Columbia Circuit. In the alternative,
even if this action were considered to be
only locally or regionally applicable, the
Administrator has determined that it
has nationwide scope and effect within
the meaning of CAA section 307(b)(1)
both because EPA has determined that
the final finding has nationwide scope
and effect within the meaning of CAA
section 307(b)(1), see 81 FR 54422 (Aug.
15, 2016), and because it concerns risks
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17:43 Dec 29, 2016
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from GHG pollution and contributions
to such pollution that occur across the
nation.
Thus, any petition for judicial review
of the EPA’s decision to deny the
petition for reconsideration described in
this document must be filed in the U.S.
Court of Appeals for the District of
Columbia Circuit by February 28, 2017.
III. Description of Action
On July 25, 2016, EPA Administrator
McCarthy signed the action entitled
‘‘Finding that Greenhouse Gas
Emissions from Aircraft Cause or
Contribute to Air Pollution that May
Reasonably Be Anticipated to Endanger
Public Health and Welfare.’’ That action
included two findings under section
231(a)(2)(A) of the CAA. These findings
were that: (1) Concentrations of six wellmixed greenhouse gases (GHGs) in the
atmosphere endanger the public health
and welfare of current and future
generations (the endangerment finding),
and (2) GHGs emitted from certain
classes of engines used in certain
aircraft 1 are contributing to the air
pollution—the mix of those six GHGs in
the atmosphere—that endangers public
health and welfare (the cause or
contribute finding, or contribution
finding). The Administrator made these
findings using the same definitions of
‘‘air pollution’’ and ‘‘air pollutant’’ as
were used in earlier findings under CAA
section 202(a)(1) regarding motor
vehicle GHG emissions (the 2009
Findings), namely the combined mix of
six key well-mixed GHGs: carbon
dioxide (CO2), methane, nitrous oxide,
hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), and sulfur
hexafluoride (SF6). While the 2009
Findings under CAA section 202(a)(1)
relate to GHG emissions from new
motor vehicles and new motor vehicle
engines, these findings under CAA
section 231(a)(2)(A) relate to GHG
emissions from certain classes of
engines used in certain aircraft. These
findings were published in the Federal
Register on August 15, 2016 (81 FR
54422), and became effective on
September 14, 2016 (2016 Findings).
The Biogenic CO2 Coalition
(Petitioner) submitted a petition dated
1 The contribution finding concludes that GHG
emissions from certain classes of engines used in
‘‘U.S. covered aircraft’’ contribute to the air
pollution that endangers public health and welfare.
The finding defines ‘‘U.S. covered aircraft’’ to be
subsonic jet aircraft with a maximum takeoff mass
(MTOM) greater than 5,700 kilograms and subsonic
propeller driven aircraft (e.g., turboprops) with a
MTOM greater than 8,618 kilograms. This
contribution finding for engines used in U.S.
covered aircraft results in the vast majority (89
percent) of total U.S. aircraft GHG emissions being
included in this determination.
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October 14, 2016 asking the EPA to
reconsider the 2016 Findings with
respect to the Agency’s treatment of
biogenic carbon dioxide (CO2) emissions
from short-cycle annual herbaceous
crops. CAA section 307(d)(7)(B) states
that ‘‘[o]nly an objection to a rule or
procedure which was raised with
reasonable specificity during the period
for public comment (including any
public hearing) may be raised during
judicial review. If the person raising an
objection can demonstrate to the
Administrator that it was impracticable
to raise such objection within such time
or if the grounds for such objection
arose after the period for public
comment (but within the time specified
for judicial review) and if such objection
is of central relevance to the outcome of
the rule, the Administrator shall
convene a proceeding for
reconsideration of the rule and provide
the same procedural rights as would
have been afforded had the information
been available at the time the rule was
proposed.’’
The EPA carefully reviewed the
petition for reconsideration and
evaluated all the information presented
on the issues raised, along with
information contained in the docket for
the 2016 Findings, in reaching a
decision on the petition. The EPA has
concluded that the petition does not
meet the criteria for reconsideration in
CAA section 307(d)(7)(B). In a letter to
the petitioner, the EPA Administrator,
Gina McCarthy, denied the petition for
reconsideration. The letter included an
enclosure, a Reconsideration Response
document entitled ‘‘Response to the
Biogenic CO2 Coalition’s Petition for
Reconsideration of the Final Finding
that Greenhouse Gas Emissions from
Aircraft Cause or Contribute to Air
Pollution that May Reasonably Be
Anticipated to Endanger Public Health
and Welfare,’’ that articulates in detail
the rationale for the EPA’s final
responses to the petition for
reconsideration and the EPA
Administrator’s denial of that petition.
These documents are all available in the
docket for this action.
IV. Conclusion
For the reasons discussed in the letter
to the petitioner and the
Reconsideration Response document,
the petition to reconsider the final
Finding that Greenhouse Gas Emissions
from Aircraft Cause or Contribute to Air
Pollution that May Reasonably Be
Anticipated to Endanger Public Health
and Welfare is denied.
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Proposed Rules
Dated: December 21, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016–31644 Filed 12–29–16; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1, 2, 15, 25, 30, and 101
[GN Docket No. 14–177, IB Docket Nos. 15–
256 and 97–95, WT Docket No. 10–112;
Report No. 3065]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for Reconsideration.
AGENCY:
Petitions for Reconsideration
(Petitions) have been filed in the
Commission’s rulemaking proceeding
by Chris Pearson, on behalf of 5G
Americas; Donald L. Herman, Jr., on
behalf of Adams Telcom, Inc., jointly
with Central Texas Communications,
Inc., E.N.M.R. Telephone Cooperative,
Louisiana Competitive
Telecommunications, Inc., and Pine Belt
Communications, Inc.; Audrey L.
Allison, on behalf of The Boeing
Company; Steven K. Berry, on behalf of
Competitive Carriers Association; Brian
M. Josef, on behalf of CTIA; Giselle
Creeser, on behalf of Inmarsat, Inc.,
jointly with Jennifer A. Manner, on
behalf of EchoStar Satellite Operating
Corporation and Hughes Network
Systems LLC; Rick Chessen, on behalf of
NTCA—The Internet & Television
Association; Michele C. Farquhar, on
behalf of Nextlink Wireless, LLC; Petra
Vorwig, on behalf of SES Americom,
Inc., jointly with Suzanne Malloy, on
behalf of O3b Limited; Tom Stroup, on
behalf of Satellite Industry Association;
James Reid, on behalf of
Telecommunications Industry
Association; Steve B. Sharkey, on behalf
of T-Mobile USA, Inc.; and Christopher
Murphy, on behalf of ViaSat, Inc.
DATES: Oppositions to the Petition must
be filed on or before January 17, 2017.
Replies to an opposition must be filed
on or before January 24, 2017.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: John
Schauble, Wireless Telecommunications
Bureau, (202) 418–0797; email:
John.Schauble@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report No. 3065, released
srobinson on DSK5SPTVN1PROD with PROPOSALS
SUMMARY:
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17:43 Dec 29, 2016
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December 22, 2016. The full text of the
Petitions is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554
or may be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
copy of this document pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), because this document
does not have an impact on any rules of
particular applicability.
Subject: Use of Spectrum Bands
Above 24 GHz for Mobile Radio
Services, FCC 16–89, published at 81 FR
79894, November 14, 2016, in GN
Docket No. 14–177, IB Docket Nos. 15–
256 and 97–95, RM–11664, and WT
Docket No. 10–112. This document is
being published pursuant to 47 CFR
1.429(e). See also 47 CFR 1.4(b)(1) and
1.429(f), (g).
Number of Petitions Filed: 13.
Federal Communications Commission.
Katura Howard,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2016–31709 Filed 12–29–16; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
96415
This is a
summary of the Commission’s
document, Report No. 3064, released
December 21, 2016. The full text of the
Petitions is available for viewing and
copying at the FCC Reference
Information Center, 445 12th Street SW.,
Room CY–A257, Washington, DC 20554
or may be accessed online via the
Commission’s Electronic Comment
Filing System at: https://apps.fcc.gov/
ecfs/. The Commission will not send a
copy of this document pursuant to the
Congressional Review Act, 5 U.S.C.
801(a)(1)(A), because this document
does not have an impact on any rules of
particular applicability.
Subject: 2014 Quadrennial Regulatory
Review—Review of the Commission’s
Broadcast Ownership Rules and Other
Rules Adopted Pursuant to Section 202
of the Telecommunications Act of 1996,
FCC 16–107, published at 81 FR 76220,
November 1, 2016, in MB Docket Nos.
14–50, 09–182, 07–294, and 04–256.
This document is being published
pursuant to 47 CFR 1.429(e). See also 47
CFR 1.4(b)(1) and 1.429(f), (g).
Number of Petitions Filed: 3.
SUPPLEMENTARY INFORMATION:
Federal Communications Commission.
Katura Howard,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2016–31708 Filed 12–29–16; 8:45 am]
BILLING CODE 6712–01–P
47 CFR Part 73
[MB Docket Nos. 14–50, 09–182, 07–294,
and 04–256; Report No. 3064]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for Reconsideration.
AGENCY:
Petitions for Reconsideration
(Petitions) have been filed in the
Commission’s rulemaking proceeding
by David Oxenford and Kelly Donohue,
on behalf of Connoisseur Media, LLC.;
Richard J. Bodorff et al., on behalf of
Nexstar Broadcasting, Inc.; and Rick
Kaplan et al., on behalf of National
Association of Broadcasters.
DATES: Oppositions to the Petitions
must be filed on or before January 17,
2017. Replies to an opposition must be
filed on or before January 24, 2017.
ADDRESSES: Federal Communications
Commission, 445 12th Street SW.,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT:
Benjamin Arden, Media Bureau, (202)
418–2605; email:
Benjamin.Arden@fcc.gov.
SUMMARY:
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 217
[Docket No. 160929897–6897–01]
RIN 0648–BG37
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Russian River Estuary
Management Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
NMFS has received a request
from the Sonoma County Water Agency
(SCWA) for authorization to take marine
mammals incidental to Russian River
estuary management activities in
Sonoma County, California, over the
course of five years (2017–2022). As
required by the Marine Mammal
Protection Act (MMPA), NMFS is
proposing regulations to govern that
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Proposed Rules]
[Pages 96413-96415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31644]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 87 and 1068
[EPA-HQ-OAR-2014-0828; FRL-9957-73-OAR]
Reconsideration of Finding That Greenhouse Gas Emissions From
Aircraft Cause or Contribute to Air Pollution That May Reasonably Be
Anticipated To Endanger Public Health and Welfare
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final action denying petition for reconsideration.
-----------------------------------------------------------------------
SUMMARY: This action provides notice that the U.S. Environmental
Protection Agency (EPA) Administrator, Gina McCarthy, denied a petition
for reconsideration of the final Finding that Greenhouse Gas Emissions
from Aircraft Cause or Contribute to Air Pollution that May Reasonably
Be Anticipated to Endanger Public Health and Welfare, published in the
Federal Register on August 15, 2016.
DATES: The EPA took final action to deny the petition for
reconsideration on December 21, 2016.
FOR FURTHER INFORMATION CONTACT: Lesley Jantarasami, Office of
Atmospheric Programs, Climate Change Division, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Mail Code 6207-A, Washington DC
20460; Telephone number: (202) 343-9990; Email address:
ghgendangerment@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. How can I get copies of this document and other related information?
This Federal Register document, the petition for reconsideration
and the EPA's response addressing the petition for reconsideration are
available in the docket under Docket ID No. EPA-HQ-OAR-2014-0828.
Docket. The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2014-0828. Publicly available docket materials
are available either electronically through https://www.regulations.gov
or in hard copy at the EPA Docket Center (EPA/DC), EPA WJC West, Room
3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is
[[Page 96414]]
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. This action, the petition for reconsideration and the EPA's
response addressing the petition can also be found on the EPA's Web
site at https://www.epa.gov/regulations-emissions-vehicles-and-engines/final-rule-finding-greenhouse-gas-emissions-aircraft.
Electronic access. You may access this Federal Register document
electronically from the Government Printing Office under the ``Federal
Register'' listings at FDSys (https://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR).
II. Judicial Review
Section 307(b)(1) of the Clean Air Act (CAA) indicates which
Federal Court of Appeals have venue over petitions for review of final
EPA actions. This section provides, in part, that the petitions for
review must be filed in the Court of Appeals for the District of
Columbia Circuit if: (i) The agency action consists of ``nationally
applicable regulations promulgated, or final action taken, by the
Administrator;'' or (ii) such actions are locally or regionally
applicable, if ``such action is based on a determination of nationwide
scope or effect and if in taking such action the Administrator finds
and publishes that such action is based on such a determination.''
The EPA has determined that its action denying the petition for
reconsideration is nationally applicable for purposes of CAA section
307(b)(1) because it affects the final Finding that Greenhouse Gas
Emissions from Aircraft Cause or Contribute to Air Pollution that May
Reasonably Be Anticipated to Endanger Public Health and Welfare, and
that finding triggers the EPA's statutory duty to promulgate aircraft
engine emission standards under CAA section 231, which are nationally
applicable regulations and for which judicial review will be available
only in the U.S. Court of Appeals for the District of Columbia Circuit.
Moreover, EPA already determined that the subject finding was
nationally applicable, see 81 FR 54422 (Aug. 15, 2016), and that
finding has in fact been challenged in the U.S. Court of Appeals for
the District of Columbia Circuit. In the alternative, even if this
action were considered to be only locally or regionally applicable, the
Administrator has determined that it has nationwide scope and effect
within the meaning of CAA section 307(b)(1) both because EPA has
determined that the final finding has nationwide scope and effect
within the meaning of CAA section 307(b)(1), see 81 FR 54422 (Aug. 15,
2016), and because it concerns risks from GHG pollution and
contributions to such pollution that occur across the nation.
Thus, any petition for judicial review of the EPA's decision to
deny the petition for reconsideration described in this document must
be filed in the U.S. Court of Appeals for the District of Columbia
Circuit by February 28, 2017.
III. Description of Action
On July 25, 2016, EPA Administrator McCarthy signed the action
entitled ``Finding that Greenhouse Gas Emissions from Aircraft Cause or
Contribute to Air Pollution that May Reasonably Be Anticipated to
Endanger Public Health and Welfare.'' That action included two findings
under section 231(a)(2)(A) of the CAA. These findings were that: (1)
Concentrations of six well-mixed greenhouse gases (GHGs) in the
atmosphere endanger the public health and welfare of current and future
generations (the endangerment finding), and (2) GHGs emitted from
certain classes of engines used in certain aircraft \1\ are
contributing to the air pollution--the mix of those six GHGs in the
atmosphere--that endangers public health and welfare (the cause or
contribute finding, or contribution finding). The Administrator made
these findings using the same definitions of ``air pollution'' and
``air pollutant'' as were used in earlier findings under CAA section
202(a)(1) regarding motor vehicle GHG emissions (the 2009 Findings),
namely the combined mix of six key well-mixed GHGs: carbon dioxide
(CO2), methane, nitrous oxide, hydrofluorocarbons (HFCs),
perfluorocarbons (PFCs), and sulfur hexafluoride (SF6).
While the 2009 Findings under CAA section 202(a)(1) relate to GHG
emissions from new motor vehicles and new motor vehicle engines, these
findings under CAA section 231(a)(2)(A) relate to GHG emissions from
certain classes of engines used in certain aircraft. These findings
were published in the Federal Register on August 15, 2016 (81 FR
54422), and became effective on September 14, 2016 (2016 Findings).
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\1\ The contribution finding concludes that GHG emissions from
certain classes of engines used in ``U.S. covered aircraft''
contribute to the air pollution that endangers public health and
welfare. The finding defines ``U.S. covered aircraft'' to be
subsonic jet aircraft with a maximum takeoff mass (MTOM) greater
than 5,700 kilograms and subsonic propeller driven aircraft (e.g.,
turboprops) with a MTOM greater than 8,618 kilograms. This
contribution finding for engines used in U.S. covered aircraft
results in the vast majority (89 percent) of total U.S. aircraft GHG
emissions being included in this determination.
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The Biogenic CO2 Coalition (Petitioner) submitted a
petition dated October 14, 2016 asking the EPA to reconsider the 2016
Findings with respect to the Agency's treatment of biogenic carbon
dioxide (CO2) emissions from short-cycle annual herbaceous
crops. CAA section 307(d)(7)(B) states that ``[o]nly an objection to a
rule or procedure which was raised with reasonable specificity during
the period for public comment (including any public hearing) may be
raised during judicial review. If the person raising an objection can
demonstrate to the Administrator that it was impracticable to raise
such objection within such time or if the grounds for such objection
arose after the period for public comment (but within the time
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule, the Administrator shall convene a
proceeding for reconsideration of the rule and provide the same
procedural rights as would have been afforded had the information been
available at the time the rule was proposed.''
The EPA carefully reviewed the petition for reconsideration and
evaluated all the information presented on the issues raised, along
with information contained in the docket for the 2016 Findings, in
reaching a decision on the petition. The EPA has concluded that the
petition does not meet the criteria for reconsideration in CAA section
307(d)(7)(B). In a letter to the petitioner, the EPA Administrator,
Gina McCarthy, denied the petition for reconsideration. The letter
included an enclosure, a Reconsideration Response document entitled
``Response to the Biogenic CO2 Coalition's Petition for
Reconsideration of the Final Finding that Greenhouse Gas Emissions from
Aircraft Cause or Contribute to Air Pollution that May Reasonably Be
Anticipated to Endanger Public Health and Welfare,'' that articulates
in detail the rationale for the EPA's final responses to the petition
for reconsideration and the EPA Administrator's denial of that
petition. These documents are all available in the docket for this
action.
IV. Conclusion
For the reasons discussed in the letter to the petitioner and the
Reconsideration Response document, the petition to reconsider the final
Finding that Greenhouse Gas Emissions from Aircraft Cause or Contribute
to Air Pollution that May Reasonably Be Anticipated to Endanger Public
Health and Welfare is denied.
[[Page 96415]]
Dated: December 21, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-31644 Filed 12-29-16; 8:45 am]
BILLING CODE 6560-50-P