Unknown. Interim final rule
3,738 words·~17 min read·
/register/2017/06/01/2017-10942·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2017-06-01.xml --- 82 104 Thursday, June 1, 2017 Contents Agriculture Agriculture Department See Food and Nutrition Service See Food Safety and Inspection Service See Office of Advocacy and Outreach See Rural Housing Service Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Fair Lending Report, April 2017, 25250-25266 2017-11318 Requests for Information: Ability-to-Repay/Qualified Mortgage Rule Assessment, 25246-25250 2017-11218 Centers Disease Centers for Disease Control and Prevention NOTICES A Performance Test Protocol for Closed System Transfer Devices Used During Pharmacy Compounding and Administration of Hazardous Drugs, 25289-25290 2017-11292 Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 25290-25291 2017-11263 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Health Risks to Workers Associated With Occupational Exposures to Peracetic Acid, 25291 2017-11288 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25291-25292 2017-11168 Single-Source Grants: Office of Refugee Resettlement's Unaccompanied Children's Program, 25292-25293 2017-11210 Civil Rights Civil Rights Commission NOTICES Meetings:
Indiana Advisory Committee, 25237 2017-11267 Michigan Advisory Committee, 25237-25238 2017-11342 Coast Guard Coast Guard PROPOSED RULES Anchorages: Captain of the Port Puget Sound Zone, WA; Tribal Consultation, 25207-25208 2017-11456 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Market Risk Advisory Committee, 25246 2017-11312 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: State Program Performance Report, 25293-25294 2017-11286 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 25266-25267 2017-11330 Drug Drug Enforcement Administration NOTICES Bulk Manufacturers of Controlled Substances; Applications: Chemtos, LLC, 25335 2017-11385 Bulk Manufacturers of Controlled Substances; Registrations:, 25334-25335 2017-11383 Importers of Controlled Substances;
Applications: Cerilliant Corp., 25335 2017-11387 Importers of Controlled Substances; Registrations, 25335-25336 2017-11388 Education Department Education Department NOTICES Applications for New Awards: Indian Education Discretionary Grants Programs: Native American Language Program, 25267-25268 2017-11339 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Idaho National Laboratory, 25268-25269 2017-11313 Environmental Management Site-Specific Advisory Board, Nevada, 25268 2017-11314 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Arizona; Determination to Defer Sanctions; Arizona Department of Environmental Quality, 25203-25204 2017-10942 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arizona; Stationary Sources; New Source Review, 25213-25221 2017-10946 Delaware; Infrastructure Requirements for 2012 Fine Particulate Matter Standard, 25211-25213 2017-11085 Idaho: Logan Utah/Idaho PM2.5 Nonattainment Area, 25208-25211 2017-11226 Farm Credit Farm Credit Administration NOTICES Meetings;
Sunshine Act, 25284-25285 2017-11407 Federal Aviation Federal Aviation Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safety, Awareness, Feedback, and Evaluation Program, 25496 2017-11376 Petitions for Exemptions; Summaries, 25496-25497 2017-11279 Federal Communications Federal Communications Commission RULES Use of Spectrum Bands above 24 GHz for Mobile Radio Services, 25205 2017-11335 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 25285-25288 2017-11333 2017-11334 2017-11341 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 25288 2017-11479 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: State/Local/Tribal Hazard Mitigation Plans, 25298 2017-11087 Major Disaster Declarations: Nevada; Amendment No. 2, 25298 2017-11219 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:
Northwest Pipeline, LLC, 25283-25284 2017-11271 Combined Filings, 25281-25282 2017-11270 Environmental Impact Statements; Availability, etc.: Port Arthur Pipeline, LLC; Louisiana Connector Project, 25270-25281 2017-11277 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Gulf Coast Solar Center II, LLC, 25283 2017-11272 Gulf Coast Solar Center III, LLC, 25282 2017-11273 License Transfer; Applications: Madison Paper Industries; Eagle Creek Madison Hydro, LLC, 25269 2017-11274 Preliminary Permit Applications:
Merchant Hydro Developers, LLC, 25269-25270, 25282 2017-11275 2017-11276 Requests under Blanket Authorizations: National Fuel Gas Supply Corp., 25284 2017-11269 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Queens County, NY, 25497 2017-11303 Federal Agency Actions: California; Proposed Highways, 25497-25498 2017-11304 Federal Maritime Federal Maritime Commission PROPOSED RULES Regulatory Reform Initiative, 25221-25223 2017-11321 NOTICES Agreements Filed, 25288 2017-11308 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;
Sunshine Act, 25288-25289 2017-11467 2017-11470 2017-11472 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Draft Texas Coastal Bend Shortgrass Prairie Multi-Species Recovery Plan: Including Slender Rush-Pea (Hoffmannseggia tenella) and South Texas Ambrosia (Ambrosia cheiranthifolia), 25299-25302 2017-11305 Environmental Impact Statements; Availability, etc.: Joint Draft Habitat Conservation Plan and Natural Community Conservation Plan; Yolo County, CA, 25302-25304 2017-11295 Incidental Takes of Marine Mammals During Specified Activities:
Proposed Incidental Harassment Authorization for Pacific Walruses and Polar Bears in Alaska and Associated Federal Waters, 25304-25322 2017-11381 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Negative QC Review Schedule, Status of Sample Selection of Completion, 25227-25228 2017-11244 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Electronic Import Inspection, 25224-25226 2017-11332 Retail Exemptions Adjusted Dollar Limitations, 25226-25227 2017-11337 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Mercedes Benz USA, LLC, Foreign-Trade Zone 144, Brunswick, GA, 25238-25239 2017-11326 Mercedes Benz USA, LLC, Foreign-Trade Zone 50, Long Beach, CA, 25239-25240 2017-11324 Mercedes Benz USA, LLC, Foreign-Trade Zone 74, Baltimore, MD, 25240 2017-11325 Subzone Expansions; Applications: Conair Corp., Foreign-Trade Zone 75, Phoenix, AZ, 25239 2017-11327 LOOP, LLC, Foreign-Trade Zone 124, Gramercy, LA, 25238 2017-11328 Subzones;
Applications: Universal Metal Products, Inc., Foreign-Trade Zone 12, McAllen, TX, 25240 2017-11329 Gulf Coast Ecosystem Restoration Council Gulf Coast Ecosystem Restoration Council NOTICES Proposed Subaward under Council-Selected Restoration Component Award, 25289 2017-11309 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Community Living Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: American Healthy Homes Survey II, 25298-25299 2017-11397 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Warmwater Shrimp from Brazil, India, the People's Republic of China, Thailand, and Socialist Republic of Vietnam, 25242-25244 2017-11323 Prestressed Concrete Steel Wire Strand from Thailand, 25240-25241 2017-11322 Supercalendered Paper from Canada, 25244 2017-11204 Welded Line Pipe from Turkey, 25241-25242 2017-11206 International Trade Com International Trade Commission NOTICES Investigations;
Determinations, Modifications, and Rulings, etc.: Certain Circular Welded Pipe and Tube from Brazil, India, Korea, Mexico, Taiwan, Thailand, and Turkey, 25328-25331 2017-11049 Certain Magnetic Tape Cartridges and Components Thereof, 25333-25334 2017-11307 Crystalline Silicon Photovoltaic Cells, 25331-25333 2017-11013 North American Free Trade Agreement: Advice on Probable Economic Effect of Providing Duty-free Treatment for Currently Dutiable Imports, 25327-25328 2017-11311 Stainless Steel Butt-Weld Pipe Fittings from Italy, Malaysia, and Philippines, 25324-25327 2017-11048 Justice Department Justice Department See Drug Enforcement Administration See Parole Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Survey of State Attorney General Offices—Cybercrime, 25336 2017-11306 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Periodic Medical Surveillance Examinations for Coal Miners, 25337-25338 2017-11240 Land Land Management Bureau NOTICES Realty Actions: Direct Sale of Public Land in Clark County, NV, 25322-25324 2017-11340 Legal Legal Services Corporation NOTICES Request for Comments:
LSC Performance Criteria, Performance Area 4, 25342 2017-11266 NASA National Aeronautics and Space Administration NOTICES Charter Renewals: National Space-Based Positioning, Navigation, and Timing Advisory Board, 25342-25343 2017-11280 National Institute National Institutes of Health NOTICES Exclusive Patent Licenses: Mutant IDH1 Inhibitors Useful for Treating Cancer, 25295 2017-11241 Meetings: Center for Scientific Review, 25294-25298 2017-11348 2017-11349 2017-11350 National Heart, Lung, and Blood Institute, 25294 2017-11351 National Institute of General Medical Sciences, 25295-25296 2017-11352 National Oceanic National Oceanic and Atmospheric Administration RULES Snapper-Grouper Fishery of the South Atlantic: 2017 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper, 25205-25206 2017-11310 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Alaska Region Scale and Catch Weighing Requirements, 25244-25245 2017-11316 Environmental Assessments; Availability, etc.: Deepwater Horizon Oil Spill Texas Trustee Implementation Group Draft 2017 Restoration Plan and Environmental Assessment: Restoration of Wetlands, Coastal, and Nearshore Habitats; and Oysters; Correction, 25245-25246 2017-11317 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Domestic Licensing of Special Nuclear Material, 25343-25344 2017-11249 Fitness-for-Duty Programs, 25345-25346 2017-11282 NUREG/BR-0254, Payment Methods and Authorization for Payment by Credit Card, 25344-25345 2017-11248 Meetings: Advisory Committee on Reactor Safeguards, 25346-25347 2017-11268 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Expansion of Recognition; Applications: MET Laboratories, Inc., 25338-25340 2017-11239 Advocacy Outreach Office of Advocacy and Outreach NOTICES Requests for Nominations:
Advisory Committee on Minority Farmers, 25224 2017-11216 Parole Parole Commission NOTICES Meetings; Sunshine Act, 25337 2017-11481 Rural Housing Service Rural Housing Service NOTICES Requests for Applications: Housing Preservation Grants for Fiscal Year 2017, 25228-25237 2017-11315 Securities Securities and Exchange Commission NOTICES Applications for Deregistration under Investment Company Act, 25398-25400 2017-11346 Applications: Northern Lights Fund Trust IV and Main Management ETF Advisors, LLC, 25446-25448 2017-11243 PIMCO Equity Series, et al., 25467-25469 2017-11242 Self-Regulatory Organizations;
Proposed Rule Changes: Bats BZX Exchange, Inc., 25374-25378, 25389-25393 2017-11372 2017-11254 Bats EDGA Exchange, Inc., 25448-25467 2017-11360 Bats EDGX Exchange, Inc., 25358-25362 2017-11371 BOX Options Exchange, LLC, 25492-25495 2017-11365 C2 Options Exchange, Inc., 25385-25389, 25474-25491 2017-11362 2017-11374 Chicago Board Options Exchange, Inc., 25404-25423, 25429-25433 2017-11361 2017-11373 Financial Industry Regulatory Authority, Inc., 25423-25429 2017-11359 Investors Exchange, LLC, 25400-25404 2017-11364 Miami International Securities Exchange, LLC, 25347-25358, 25366-25369, 25393-25398 2017-11251 2017-11355 2017-11366 MIAX PEARL, LLC, 25436-25439 2017-11368 Nasdaq ISE, LLC, 25469-25472 2017-11363 Nasdaq MRX, LLC, 25433-25435 2017-11253 NASDAQ PHLX, LLC, 25472-25473 2017-11252 New York Stock Exchange, LLC, 25382-25385 2017-11356 NYSE Arca, Inc., 25362-25366, 25369-25374, 25378-25379, 25448 2017-11245 2017-11255 2017-11357 2017-11367 NYSE MKT, LLC, 25379-25382, 25439-25446 2017-11358 2017-11369 2017-11370 Small Business Small Business Administration NOTICES Disaster Declarations:
Mississippi, 25495 2017-11176 State Department State Department NOTICES Environmental Impact Statements; Availability, etc.: Upland Pipeline, LLC; Withdrawal, 25495 2017-11264 Meetings: U.S. National Commission for UNESCO; Teleconference, 25495 2017-11265 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department NOTICES Multiemployer Pension Plan Application to Reduce Benefits, 25498 2017-11246 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for Disability Compensation and Related Compensation Benefits, 25498-25499 2017-11302 Approval of Licensing or Certification Test and Organization or Entity, 25502 2017-11296 Create Payment Request for VA Funding, 25499 2017-11300 Financial Statement, 25501-25502 2017-11298 Veteran's Application for Increased Compensation Based on Unemployability, 25501 2017-11297 Veterans Mortgage Life Insurance Statement, 25499-25500 2017-11299 Vocational Rehabilitation and Employment Longitudinal Study Survey, 25500 2017-11301 Workers' Workers Compensation Programs Office NOTICES Meetings:
Advisory Board on Toxic Substances and Worker Health, 25340-25342 2017-11247 2017-11262 Advisory Board on Toxic Substances and Worker Health Working Group on Presumptions, 25340 2017-11250 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 104 Thursday, June 1, 2017 Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2017-0255;
FRL-9963-07-Region 9] Determination To Defer Sanctions; Arizona Department of Environmental Quality AGENCY: Environmental Protection Agency (EPA). ACTION: Interim final rule. SUMMARY: The EPA is making an interim final determination to defer imposition of sanctions based on a proposed determination, published elsewhere in this **Federal Register** , that the State of Arizona (State) has submitted rules that satisfy the requirements of part D of the Clean Air Act (CAA or Act) permitting program for areas under the jurisdiction of the Arizona Department of Environmental Quality (ADEQ).
DATES: This interim final determination is effective on June 1, 2017. However, comments will be accepted until July 3, 2017. ADDRESSES: Submit comments, identified by Docket ID No. EPA-R09-OAR-2017-0255, at *http://www.regulations.gov,* or via email to *R9airpermits@epa.gov.* For comments submitted at *Regulations.gov* , follow the online instructions for submitting comments. Once submitted, comments cannot be removed or edited from *Regulations.gov* . For either manner of submission, the 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. The 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 *https://www.epa.gov/dockets/commenting-epa-dockets.* FOR FURTHER INFORMATION CONTACT: Lisa Beckham, EPA Region 9,
(415)972-3811, *beckham.lisa@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, the terms “we,” “us,” and “our” refer to the EPA. Table of Contents I. Background II. EPA Action III. Statutory and Executive Order Reviews I. Background On November 2, 2015 (80 FR 67319), the EPA issued a final limited approval and limited disapproval action for revisions to the ADEQ portion of the Arizona State Implementation Plan
(SIP)that had been submitted by ADEQ to the EPA for approval (the 2015 NSR action). 1 The 2015 NSR action addressed ADEQ's permitting program for the issuance of New Source Review
(NSR)permits for stationary sources, including review and permitting of major and minor sources under the Act. In our 2015 NSR action, we determined that while ADEQ's SIP revision submittal strengthened the Arizona SIP, the submittal did not fully meet the requirements for NSR permitting programs under the CAA. Our 2015 NSR action included a final limited disapproval action under title I, part D of the Act, relating to requirements for nonattainment areas. Pursuant to section 179 of the CAA and our regulations at 40 CFR 52.31, this limited disapproval action under title I, part D started a sanctions clock for imposition of offset sanctions 18 months after the action's effective date of December 2, 2015, and highway sanctions 6 months later. 1 We also finalized other actions, which included a partial disapproval related to the PM <sup>2.5</sup> significant monitoring concentration, and limited approvals, without corresponding limited disapprovals, related to section 189(e) of the Act. On March 21, 2017, ADEQ revised its NSR permitting program rules and on April 28, 2017, ADEQ submitted a number of revised NSR permitting rules to the EPA for approval into the Arizona SIP (April 2017 NSR submittal), including rules intended to address the limited disapproval issues under title I, part D that we identified in our 2015 NSR action. In the Proposed Rules section of this **Federal Register** , we have proposed approval of ADEQ's April 2017 NSR submittal. Based on the proposed approval action, we are also taking this final rulemaking action, effective on publication, to defer imposition of the offset sanctions and highway sanctions that were triggered by our 2015 NSR action's limited disapproval of ADEQ's NSR permitting program, because we believe that ADEQ's April 2017 NSR submittal corrects the deficiencies that triggered such sanctions. EPA is providing the public with an opportunity to comment on this deferral of sanctions. If comments are submitted that change our assessment described in this final determination and the proposed full approval of ADEQ's April 2017 NSR submittal with respect to the title I, part D deficiencies identified as limited disapproval issues in our 2015 NSR action, we would take final action proposing to lift this deferral of sanctions under 40 CFR 52.31. If no comments are submitted that change our assessment, then all sanctions and any sanction clocks triggered by our 2015 NSR action would be permanently terminated on the effective date of our final approval of ADEQ's April 2017 NSR submittal. II. EPA Action We are making an interim final determination to defer CAA section 179 sanctions associated with our limited disapproval action on November 2, 2015 of ADEQ's NSR permitting program with respect to the requirements of part D of title I of the CAA. This determination is based on our concurrent proposal to fully approve ADEQ's April 2017 NSR submittal, which resolves the deficiencies that triggered sanctions under section 179 of the CAA. Because the EPA has preliminarily determined that ADEQ's April 2017 NSR submittal addresses the deficiencies under part D of title I of the CAA identified as limited disapproval issues in our 2015 NSR action, and is fully approvable, relief from sanctions should be provided as quickly as possible. Therefore, the EPA is invoking the good cause exception under the Administrative Procedure Act
(APA)in not providing an opportunity for comment before this action takes effect (5 U.S.C. 553(b)(3)). However, by this action, the EPA is providing the public with a chance to comment on the EPA's determination after the effective date, and the EPA will consider any comments received in determining whether to reverse such action. The EPA believes that notice-and-comment rulemaking before the effective date of this action is impracticable and contrary to the public interest. The EPA has reviewed the State's submittal and, through its proposed action, is indicating that it is more likely than not that the State has submitted a revision to the SIP that corrects deficiencies under part D of the Act that were the basis for the action that started the sanctions clocks. Therefore, it is not in the public interest to impose sanctions. The EPA believes that it is necessary to use the interim final rulemaking process to defer sanctions while the EPA completes its rulemaking process on the approvability of the State's submittal. Moreover, with respect to the effective date of this action, the EPA is invoking the good cause exception to the 30-day notice requirement of the APA because the purpose of this notice is to relieve a restriction (5 U.S.C. 553(d)(1)). III. Statutory and Executive Order Reviews This action defers sanctions and imposes no additional requirements. 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. Paperwork Reduction Act
(PRA)This action does not impose an information collection burden under the PRA. This action defers sanctions and imposes no new requirements. C. 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. This action defers sanctions and imposes no new requirements. D. Unfunded Mandates Reform Act
(UMRA)This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. E. 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. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. This action defers sanctions and imposes no new requirements. In addition, this action does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. Thus, Executive Order 13175 does not apply to this action. G. 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 environmental 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 rule is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because it does not establish an environmental health or safety standard. This action defers sanctions in accordance with CAA regulatory provisions and imposes no additional requirements. K. Congressional Review Act
(CRA)This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. The CRA allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and comment rulemaking procedures are impracticable, unnecessary or contrary to the public interest (5 U.S.C. 808(2)). The EPA has made a good cause finding for this rule as discussed in section II of this preamble, including the basis for that finding. 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 July 31, 2017. Filing a petition for reconsideration by the EPA Administrator of this final rule does not affect the finality of this rule for the purpose of judicial review nor does it extend the time within which 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 CAA section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide, Volatile organic compounds. Authority: 42 U.S.C. 7401 *et seq.* Dated: May 16, 2017. Alexis Strauss, Acting Regional Administrator, Region IX. [FR Doc. 2017-10942 Filed 5-31-17; 8:45 am]
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- 40 CFR 52
- 2 USC 1531-1538
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Interim final rule
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