Air Plan Approval; Vermont; Regional Haze Five-Year Progress Report, 59969-59971 [2017-27214]
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Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Rules and Regulations
flight, collapse of the main landing gear, and
failure of the pressure deck.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Required Actions for Group 1 Airplanes
For airplanes identified as Group 1 in
Boeing Alert Service Bulletin 737–53A1364,
dated May 24, 2017, within 120 days after the
effective date of this AD, inspect the stub
beam webs for any cracking, and do all
applicable on-condition actions, using a
method approved in accordance with the
procedures specified in paragraph (j) of this
AD.
(h) Required Actions for Group 2, 3, 4, 5,
and 6 Airplanes
Except as required by paragraph (i) of this
AD: For Group 2, 3, 4, 5, and 6 airplanes, as
identified in Boeing Alert Service Bulletin
737–53A1364, dated May 24, 2017, at the
applicable times specified in paragraph 1.E.,
‘‘Compliance,’’ of Boeing Alert Service
Bulletin 737–53A1364, dated May 24, 2017,
do all applicable actions identified as ‘‘RC’’
(required for compliance) in, and in
accordance with, the Accomplishment
Instructions of Boeing Alert Service Bulletin
737–53A1364, dated May 24, 2017.
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(i) Exceptions to Service Information
Specifications
(1) For purposes of determining
compliance with the requirements of this AD,
the phrase ‘‘the effective date of this AD’’
may be substituted for ‘‘the original issue
date of this service bulletin,’’ as specified in
Boeing Alert Service Bulletin 737–53A1364,
dated May 24, 2017.
(2) Where Boeing Alert Service Bulletin
737–53A1364, dated May 24, 2017, specifies
contacting Boeing, and specifies that action
as RC: This AD requires using a method
approved in accordance with the procedures
specified in paragraph (j) of this AD.
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Los Angeles ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or local Flight Standards
District Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (k) of this
AD. Information may be emailed to: 9-ANMLAACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by the Boeing
Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Los Angeles
ACO Branch, to make those findings. To be
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approved, the repair method, modification
deviation, or alteration deviation must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
(4) Except as required by paragraph (i)(2)
of this AD: For service information that
contains steps that are labeled as RC, the
provisions of paragraphs (j)(4)(i) and (j)(4)(ii)
of this AD apply.
(i) The steps labeled as RC, including
substeps under an RC step and any figures
identified in an RC step, must be done to
comply with the AD. If a step or substep is
labeled ‘‘RC Exempt,’’ then the RC
requirement is removed from that step or
substep. An AMOC is required for any
deviations to RC steps, including substeps
and identified figures.
(ii) Steps not labeled as RC may be
deviated from using accepted methods in
accordance with the operator’s maintenance
or inspection program without obtaining
approval of an AMOC, provided the RC steps,
including substeps and identified figures, can
still be done as specified, and the airplane
can be put back in an airworthy condition.
59969
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R01–OAR–2016–0626; A–1–FRL–
9972–20–Region 1]
Air Plan Approval; Vermont; Regional
Haze Five-Year Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Vermont’s
Regional Haze Five-Year Progress
Report (Progress Report), submitted on
February 29, 2016 as a revision to its
State Implementation Plan (SIP).
Vermont’s SIP revision addresses
requirements of the Clean Air Act (CAA)
and EPA’s rules that require states to
submit periodic reports describing the
(k) Related Information
progress toward reasonable progress
goals (RPGs) established for regional
For more information about this AD,
contact Galib Abumeri, Aerospace Engineer,
haze and a determination of adequacy of
Airframe Section, FAA, Los Angeles ACO
the State’s existing regional haze SIP.
Branch, 3960 Paramount Boulevard,
EPA is approving Vermont’s Progress
Lakewood, CA 90712–4137; phone: 562–627– Report on the basis that it addresses the
5324; fax: 562–627–5210; email:
progress report and adequacy
galib.abumeri@faa.gov.
determination requirements for the first
(l) Material Incorporated by Reference
implementation period covering
through 2018.
(1) The Director of the Federal Register
approved the incorporation by reference
DATES: This rule is effective on January
(IBR) of the service information listed in this
17, 2018.
paragraph under 5 U.S.C. 552(a) and 1 CFR
ADDRESSES: EPA has established a
part 51.
docket for this action under Docket
(2) You must use this service information
Identification No. EPA–R01–OAR–
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
2016–0626. All documents in the docket
(i) Boeing Alert Service Bulletin 737–
are listed on the https://
53A1364, dated May 24, 2017.
www.regulations.gov website. Although
(ii) Reserved.
listed in the index, some information is
(3) For service information identified in
not publicly available, i.e., CBI or other
this AD, contact Boeing Commercial
information whose disclosure is
Airplanes, Attention: Contractual & Data
restricted by statute. Certain other
Services (C&DS), 2600 Westminster Blvd.,
material, such as copyrighted material,
MC 110–SK57, Seal Beach, CA 90740–5600;
is not placed on the internet and will be
telephone 562–797–1717; internet https://
www.myboeingfleet.com.
publicly available only in hard copy
(4) You may view this service information
form. Publicly available docket
at the FAA, Transport Standards Branch,
materials are available at https://
1601 Lind Avenue SW, Renton, WA. For
www.regulations.gov or at the U.S.
information on the availability of this
Environmental Protection Agency, EPA
material at the FAA, call 425–227–1221.
New England Regional Office, Office of
(5) You may view this service information
Ecosystem Protection, Air Quality
that is incorporated by reference at the
Planning Unit, 5 Post Office Square—
National Archives and Records
Suite 100, Boston, MA. EPA requests
Administration (NARA). For information on
the availability of this material at NARA, call that if at all possible, you contact the
202–741–6030, or go to: https://
contact listed in the FOR FURTHER
www.archives.gov/federal-register/cfr/ibrINFORMATION CONTACT section to
locations.html.
schedule your inspection. The Regional
Issued in Renton, Washington, on
Office’s official hours of business are
December 5, 2017.
Monday through Friday, 8:30 a.m. to
Dionne Palermo,
4:30 p.m., excluding legal holidays.
Acting Director, System Oversight Division,
FOR FURTHER INFORMATION CONTACT:
Aircraft Certification Service.
Anne K. McWilliams, Air Quality
[FR Doc. 2017–26834 Filed 12–15–17; 8:45 am]
Planning Unit, U.S. Environmental
Protection Agency, New England
BILLING CODE 4910–13–P
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SUMMARY:
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59970
Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Rules and Regulations
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, telephone (617) 918–
1697, facsimile (617) 918–0697, email
mcwilliams.anne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. Background and Purpose.
II. Response to Comment.
III. Final Action.
IV. Statutory and Executive Order Reviews.
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I. Background and Purpose
On August 16, 2017, EPA proposed to
approve Vermont’s Regional Haze FiveYear Progress Report. See 82 FR 38864.
The Progress Report was submitted by
Vermont as a State Implementation Plan
(SIP) revision on February 29, 2016. In
conjunction with the August 16, 2017
notice of proposed rulemaking (NPR),
EPA issued a direct final rule (DFR)
approving the Vermont Progress Report.
See 82 FR 38834. In the DFR, EPA stated
that if an adverse comment were to be
submitted to EPA by September 15,
2017, the action would be withdrawn
and not take effect, and a final rule
would be issued based on the NPR. EPA
received one adverse comment prior to
the close of the comment period.
Therefore, EPA withdrew the DFR on
October 13, 2017. See 82 FR 47630.
Today’s action is a final rule based on
the NPR.
A detailed discussion of Vermont’s
February 29, 2016 SIP revision and
EPA’s rationale for approving the SIP
revision were provided in the DFR and
will not be restated here, except to the
extent relevant to our response to the
public comment we received.
II. Response to Comment
EPA received one adverse comment
on its proposed approval of the Vermont
Progress Report.
Comment: The commenter stated that
Vermont should have considered
visibility effects on parks in Canada and
ocean marine sanctuaries.
Response: In section 169A(a)(1) of the
1977 Amendment to the Clean Air Act
(CAA), Congress created a program for
protecting visibility in certain of the
nation’s national parks and wilderness
areas. This section on the CAA
establishes as a national goal the
‘‘prevention of any future, and
remedying of any existing, impairment
of visibility in mandatory Class I
Federal areas which impairment results
from manmade air pollution.’’ Areas
designated as mandatory Class I Federal
areas consist of national parks
VerDate Sep<11>2014
15:19 Dec 15, 2017
Jkt 244001
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)). In accordance with
section 169A of the CAA, EPA, in
consultation with the Department of
Interior, promulgated a list of 156 areas
where visibility is identified as an
important value. See 44 FR 69122,
November 30, 1979. The requirements
of the visibility program set forth in
section 169A of the CAA apply only to
these ‘‘mandatory Class I Federal areas.’’
When we use the term ‘‘Class I area’’ in
this and other regional haze actions, we
mean a ‘‘mandatory Class I Federal
area’’ where visibility has been
identified as an important value.
The list of 156 areas includes
Roosevelt/Campobello International
Park (RCIP) located in New Brunswick,
Canada. The Vermont Regional Haze
Plan for the first planning period
affirmed that emissions from Vermont
did not contribute to the visibility
impairment at this Class I area. See 77
FR 11914, February 28, 2012. The
Vermont Progress Report confirms,
however, that not only has the state
reduced visibility impairing emissions
consistent with its regional haze SIP,
but that the reasonable progress goals
for RCIP for the first regional haze
planning period have already been met.1
Based on the requirements of section
169A of the CAA, EPA finds that the
Progress Report appropriately
considered the visibility status of nearby
Class I areas, including that of the
Roosevelt/Campobello International
Park in Canada. There are no nearby
marine sanctuaries identified as Class I
areas.
III. Final Action
EPA is approving Vermont’s Regional
Haze Five-Year Progress Report SIP
revision, submitted by VT DEC on
February 29, 2016, as meeting the
applicable regional haze requirements
set forth in 40 Code of the Federal
Regulations (CFR) 51.308(g) and (h).
IV. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
1 Visibility impairment is measured by monitors
in the Interagency Monitoring of Protected Visual
Environments (IMPROVE) program. Due to the
proximity of the Moosehorn Wilderness Area
IMPROVE monitor to RCIP, the Moosehorn monitor
is considered representative of visibility at RCIP.
More discussion of the visibility status of RCIP can
be found in EPA’s proposed approval of the Maine
Regional Haze 5-Year Progress Report. See 82 FR
33471, July 20, 2017.
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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 Clean Air Act.
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 Clean Air Act;
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).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
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59971
Federal Register / Vol. 82, No. 241 / Monday, December 18, 2017 / Rules and Regulations
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. Section 804,
however, exempts from section 801 the
following types of rules: Rules of
particular applicability; rules relating to
agency management or personnel; and
rules of agency organization, procedure,
or practice that do not substantially
affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because
this is a rule of particular applicability,
EPA is not required to submit a rule
report regarding this action under
section 801.
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 16,
2018. 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).)
Dated: December 6, 2017.
Ken Moraff,
Acting Regional Administrator, EPA New
England.
List of Subjects in 40 CFR Part 52
Subpart UU—Vermont
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
■
Part 52 of chapter I, title 40 of the
Code of Federal Regulations is amended
as follows:
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
2. In § 52.2370, the table in paragraph
(e) is amended by adding an entry for
‘‘Vermont Regional Haze Five-Year
Progress Report’’ at the end of the table
to read as follows:
§ 52.2370
*
Identification of plan.
*
*
(e) * * *
*
*
VERMONT NON-REGULATORY
Applicable
geographic or
nonattainment area
Name of non-regulatory SIP
provision
*
*
*
Vermont Regional Haze FiveStatewide ...............................
Year Progress Report.
[FR Doc. 2017–27214 Filed 12–15–17; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 32
[WC Docket No. 14–130, CC Docket No. 80–
286; FCC 17–15]
Comprehensive Review of the Uniform
System of Accounts, Jurisdictional
Separations and Referral to the
Federal-State Joint Board
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
In this document, the
Commission announces that the Office
of Management and Budget (OMB) has
approved, for a period of three years,
information requirements associated
with the Commission’s Order, FCC 17–
15. In this Order, the Commission
minimized the compliance burdens
imposed by the Uniform System of
Accounts (USOA) on price cap and rateof-return telephone companies, while
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SUMMARY:
VerDate Sep<11>2014
15:19 Dec 15, 2017
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State submittal
date/effective
date
*
*
Submitted 2/29/2016 ..............
ensuring that the Commission retains
access to the information it needs to
fulfill its regulatory duties. This
document is consistent with the Order,
which stated that the Commission
would publish a document in the
Federal Register announcing the
effective date of the rules.
DATES: The amendments to 47 CFR
1.1409(g) and 32.1, published on May 4,
2017 at 82 FR 20833, are effective
January 1, 2018.
FOR FURTHER INFORMATION CONTACT:
Robin Cohn, Pricing Policy Division,
Wireline Competition Bureau, at (202)
418–2747, or email: Robin.Cohn@
fcc.gov.
SUPPLEMENTARY INFORMATION: This
document announces that, on December
3, 2017 OMB approved, for a period of
three years, the information collection
requirements contained in the
Commission’s Part 32 Order, WC Docket
No. 14–130, CC Docket No. 80–286, FCC
17–15. The OMB Number is 3060–1247.
The Commission publishes this
document as an announcement of the
effective date of the rules. If you have
any comments on the burden estimates
listed below, or how the Commission
can improve the collections and reduce
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EPA approval date
*
12/18/2017, [Insert Federal
Register citation].
Explanation
*
any burdens caused thereby, please
contact Nicole Ongele, Federal
Communications Commission, Room 1–
A620, 445 12th Street SW, Washington,
DC 20554. Please include the OMB
Control Number, 3060–1247, 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 OMB approval on December 3,
2017, for the information collection
requirements contained in the
Commission’s rules at 47 CFR 1.791;
1.1409(g); 32.1; 32.3; 32.11; 32.26;
32.101(c); 32.103; 32.2000(a)(4), (b)(1),
(b)(2)(iii), (c)(2)(x), (e)(8), (f)(2)(iii), and
(j); 32.2110; 32.2210; 32.2230; 32.2310;
32.2410; 32.2680; 32.2682(c);
32.2690(b); 32.3000; 32.3400(a);
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]]>Agencies
[Federal Register Volume 82, Number 241 (Monday, December 18, 2017)]
[Rules and Regulations]
[Pages 59969-59971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27214]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2016-0626; A-1-FRL-9972-20-Region 1]
Air Plan Approval; Vermont; Regional Haze Five-Year Progress
Report
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
Vermont's Regional Haze Five-Year Progress Report (Progress Report),
submitted on February 29, 2016 as a revision to its State
Implementation Plan (SIP). Vermont's SIP revision addresses
requirements of the Clean Air Act (CAA) and EPA's rules that require
states to submit periodic reports describing the progress toward
reasonable progress goals (RPGs) established for regional haze and a
determination of adequacy of the State's existing regional haze SIP.
EPA is approving Vermont's Progress Report on the basis that it
addresses the progress report and adequacy determination requirements
for the first implementation period covering through 2018.
DATES: This rule is effective on January 17, 2018.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2016-0626. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e., 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact 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 legal holidays.
FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality
Planning Unit, U.S. Environmental Protection Agency, New England
[[Page 59970]]
Regional Office, 5 Post Office Square--Suite 100, (Mail code OEP05-2),
Boston, MA 02109-3912, telephone (617) 918-1697, facsimile (617) 918-
0697, email [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. Background and Purpose.
II. Response to Comment.
III. Final Action.
IV. Statutory and Executive Order Reviews.
I. Background and Purpose
On August 16, 2017, EPA proposed to approve Vermont's Regional Haze
Five-Year Progress Report. See 82 FR 38864. The Progress Report was
submitted by Vermont as a State Implementation Plan (SIP) revision on
February 29, 2016. In conjunction with the August 16, 2017 notice of
proposed rulemaking (NPR), EPA issued a direct final rule (DFR)
approving the Vermont Progress Report. See 82 FR 38834. In the DFR, EPA
stated that if an adverse comment were to be submitted to EPA by
September 15, 2017, the action would be withdrawn and not take effect,
and a final rule would be issued based on the NPR. EPA received one
adverse comment prior to the close of the comment period. Therefore,
EPA withdrew the DFR on October 13, 2017. See 82 FR 47630. Today's
action is a final rule based on the NPR.
A detailed discussion of Vermont's February 29, 2016 SIP revision
and EPA's rationale for approving the SIP revision were provided in the
DFR and will not be restated here, except to the extent relevant to our
response to the public comment we received.
II. Response to Comment
EPA received one adverse comment on its proposed approval of the
Vermont Progress Report.
Comment: The commenter stated that Vermont should have considered
visibility effects on parks in Canada and ocean marine sanctuaries.
Response: In section 169A(a)(1) of the 1977 Amendment to the Clean
Air Act (CAA), Congress created a program for protecting visibility in
certain of the nation's national parks and wilderness areas. This
section on the CAA establishes as a national goal the ``prevention of
any future, and remedying of any existing, impairment of visibility in
mandatory Class I Federal areas which impairment results from manmade
air pollution.'' Areas 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)). In
accordance with section 169A of the CAA, EPA, in consultation with the
Department of Interior, promulgated a list of 156 areas where
visibility is identified as an important value. See 44 FR 69122,
November 30, 1979. The requirements of the visibility program set forth
in section 169A of the CAA apply only to these ``mandatory Class I
Federal areas.'' When we use the term ``Class I area'' in this and
other regional haze actions, we mean a ``mandatory Class I Federal
area'' where visibility has been identified as an important value.
The list of 156 areas includes Roosevelt/Campobello International
Park (RCIP) located in New Brunswick, Canada. The Vermont Regional Haze
Plan for the first planning period affirmed that emissions from Vermont
did not contribute to the visibility impairment at this Class I area.
See 77 FR 11914, February 28, 2012. The Vermont Progress Report
confirms, however, that not only has the state reduced visibility
impairing emissions consistent with its regional haze SIP, but that the
reasonable progress goals for RCIP for the first regional haze planning
period have already been met.\1\
---------------------------------------------------------------------------
\1\ Visibility impairment is measured by monitors in the
Interagency Monitoring of Protected Visual Environments (IMPROVE)
program. Due to the proximity of the Moosehorn Wilderness Area
IMPROVE monitor to RCIP, the Moosehorn monitor is considered
representative of visibility at RCIP. More discussion of the
visibility status of RCIP can be found in EPA's proposed approval of
the Maine Regional Haze 5-Year Progress Report. See 82 FR 33471,
July 20, 2017.
---------------------------------------------------------------------------
Based on the requirements of section 169A of the CAA, EPA finds
that the Progress Report appropriately considered the visibility status
of nearby Class I areas, including that of the Roosevelt/Campobello
International Park in Canada. There are no nearby marine sanctuaries
identified as Class I areas.
III. Final Action
EPA is approving Vermont's Regional Haze Five-Year Progress Report
SIP revision, submitted by VT DEC on February 29, 2016, as meeting the
applicable regional haze requirements set forth in 40 Code of the
Federal Regulations (CFR) 51.308(g) and (h).
IV. Statutory and Executive Order Reviews
Under the Clean Air Act, 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 Clean Air Act.
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 Clean Air Act; 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).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 59971]]
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. Section 804, however, exempts from section 801 the
following types of rules: Rules of particular applicability; rules
relating to agency management or personnel; and rules of agency
organization, procedure, or practice that do not substantially affect
the rights or obligations of non-agency parties. 5 U.S.C. 804(3).
Because this is a rule of particular applicability, EPA is not required
to submit a rule report regarding this action under section 801.
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 16, 2018. 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Regional haze, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Dated: December 6, 2017.
Ken Moraff,
Acting Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UU--Vermont
0
2. In Sec. 52.2370, the table in paragraph (e) is amended by adding an
entry for ``Vermont Regional Haze Five-Year Progress Report'' at the
end of the table to read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(e) * * *
Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable
Name of non-regulatory SIP geographic or State submittal EPA approval date Explanation
provision nonattainment area date/effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Vermont Regional Haze Five-Year Statewide.......... Submitted 2/29/2016 12/18/2017, [Insert
Progress Report. Federal Register
citation].
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[FR Doc. 2017-27214 Filed 12-15-17; 8:45 am]
BILLING CODE 6560-50-P
