Unknown. Final rule

3,201 words·~15 min read·/register/2018/09/06/2018-19144·

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-2018-09-06.xml --- 83 173 Thursday, September 6, 2018 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45241-45243 2018-19295 Agriculture Agriculture Department See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service See The U.S. Codex Office NOTICES Requests for Nominations: 2020 Dietary Guidelines Advisory Committee, 45206-45207 2018-19302 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 45244-45247 2018-19294 2018-19296 Surgeon General's Call to Action: Community Health and Prosperity, 45243-45244 2018-19313 Civil Rights Civil Rights Commission NOTICES Meetings; Sunshine Act, 45210 2018-19455 Coast Guard Coast Guard NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45266-45268 2018-19326 2018-19327 Commerce Commerce Department See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Adjustment of Cable Statutory License Royalty Rates;

Correction and Reopening of Comment Period, 45203-45204 2018-19217 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Day of Service Project Collection Tool, 45225-45226 2018-19362 Economic Development Economic Development Administration NOTICES Petitions for Determinations of Eligibility to Apply for Trade Adjustment Assistance, 45210-45211 2018-19271 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings:

Environmental Management Site-Specific Advisory Board, Nevada, 45227 2018-19285 Environmental Management Site-Specific Advisory Board, Northern New Mexico, 45227-45228 2018-19287 Environmental Management Site-Specific Advisory Board, Savannah River Site, 45226-45227 2018-19286 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Ohio; Cleveland, PM 2.5 Attainment Plan, 45193-45194 2018-19144 Vermont;

Infrastructure State Implementation Plan Requirements for the 2012 PM 2.5 NAAQS, 45194-45196 2018-19291 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Emission Standards for Hazardous Air Pollutants for Radionuclides, 45236-45237 2018-19363 Meetings: Chartered Science Advisory Board; Teleconference, 45235-45236 2018-19361 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 45237 2018-19450 Federal Communications Federal Communications Commission NOTICES Meetings:

Disability Advisory Committee, 45237-45238 2018-19234 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 45199-45201 2018-19245 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Community Disaster Loan Program, 45268 2018-19250 Changes in Flood Hazard Determinations, 45271-45275 2018-19338 Flood Hazard Determinations; Changes, 45268-45271 2018-19330 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 45228-45231 2018-19262 2018-19263 2018-19265 Environmental Assessments;

Availability, etc.: Columbia Gas Transmission, LLC, Proposed Line 8000 Replacement Project, 45233-45234 2018-19243 New York Power Authority, 45228-45229 2018-19242 Sendero Carlsbad Gateway, LLC, 45231-45233 2018-19236 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Enel Green Power Rattlesnake Creek Wind Project, LLC, 45230 2018-19268 Heartland Divide Wind Project, LLC, 45229 2018-19266 Josco Energy USA, LLC, 45233 2018-19269 Riverhead Solar Farm, LLC, 45234 2018-19267 Meetings:

Moon Lake Electric Association, Inc. Technical Conference and Environmental Site Review, 45234-45235 2018-19237 Refund Effective Dates: Citizens Sycamore-Penasquitos Transmission, LLC, 45231 2018-19270 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements; Availability, etc.: Douglas County, KS, 45299 2018-19224 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 45238-45239 2018-19329 Filing: Petition of Orient Overseas Container Line Limited and (Europe) Limited for an Exemption, 45238 2018-19225 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Hours of Service, 45204-45205 2018-19255 NOTICES Hours of Service of Drivers;

Exemption Applications: American Concrete Pavement Association, Inc., 45300-45301 2018-19257 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 45239 2018-19292 2018-19342 Federal Trade Federal Trade Commission NOTICES Impax Laboratories Oral Argument before the Commission, 45239-45240 2018-19226 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45301-45302 2018-19235 Fish Fish and Wildlife Service NOTICES Meetings:

International Wildlife Conservation Council, 45275-45276 2018-19310 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Demonstrating Substantial Equivalence for Tobacco Products, 45251-45253 2018-19353 Drug Supply Chain Security Act Implementation: Identification of Suspect Product and Notification, 45254-45258 2018-19351 Guidance: Allergic Rhinitis: Developing Drug Products for Treatment; Guidance for Industry, 45259-45260 2018-19248 Consideration of Uncertainty in Making Benefit-Risk Determinations in Medical Device Premarket Approvals, De Novo Classifications, and Humanitarian Device Exemptions, 45247-45249 2018-19249 Development of Human Gene Therapy Products, 45249-45251 2018-19303 Nonallergic Rhinitis:

Developing Drug Products for Treatment, 45260-45261 2018-19247 Requests for Nominations: National Mammography Quality Assurance Advisory Committee, 45258-45259 2018-19354 Public Advisory Panels of the Medical Devices Advisory Committee, 45253-45254 2018-19350 Technical Electronic Product Radiation Safety Standards Committee, 45249 2018-19355 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Notarized Document Submittal for System for Award Management Registration, 45240-45241 2018-19324 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health NOTICES Requests for Nominations: 2020 Dietary Guidelines Advisory Committee, 45206-45207 2018-19302 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Work Opportunity Credit, 45307-45308 2018-19232 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Plastic Decorative Ribbon from the People's Republic of China, 45215-45217 2018-19336 Light-Walled Rectangular Pipe and Tube from Mexico, 45211-45213 2018-19337 Rubber Bands from the People's Republic of China, 45217-45220 2018-19335 Determinations of Sales at Less than Fair Value:

Rubber Bands from Thailand, 45220-45222 2018-19332 Rubber Bands from the People's Republic of China, 45213-45215 2018-19333 Meetings: President's Advisory Council on Doing Business in Africa, 45217 2018-19346 International Trade Com International Trade Commission NOTICES Antidumping and Countervailing Duty Investigations, Orders, or Reviews: Large Diameter Welded Pipe from Canada, China, Greece, India, Korea, and Turkey, 45279-45280 2018-19280 Complaints: Certain Unmanned Aerial Vehicles and Components Thereof, 45280-45281 2018-19281 Investigations;

Determinations, Modifications, and Rulings, etc.: Stainless Steel Flanges from India; Supplemental Schedule for Subject Investigations, 45278-45279 2018-19278 U.S. SME Exports: Trade-Related Barriers Affecting Exports of U.S. Small- and Medium-Sized Enterprises to United Kingdom, 45281-45283 2018-19279 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau RULES Prohibition of Target Shooting on Public Lands: Eastern Lake Mountains, Utah County, UT, 45196-45199 2018-19300 NOTICES Competitive Coal Lease Sales:

North Dakota, 45276-45277 2018-19299 Meetings: Wild Horse and Burro Advisory Board, 45277-45278 2018-19301 Library Library of Congress See Copyright Royalty Board National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 45264-45266 2018-19312 2018-19314 National Center for Advancing Translational Sciences, 45264 2018-19315 National Institute of Allergy and Infectious Diseases, 45262, 45265 2018-19316 2018-19317 2018-19318 National Institute of Dental and Craniofacial Research, 45261-45263 2018-19319 2018-19320 National Institute of Diabetes and Digestive and Kidney Diseases, 45262-45263 2018-19321 National Institute of Environmental Health Sciences, 45263-45264 2018-19331 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone off Alaska:

Pollock in Statistical Area 610 in Gulf of Alaska, 45202 2018-19352 Pollock in Statistical Area 620 in Gulf of Alaska, 45201 2018-19322 NOTICES Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 45223-45224 2018-19358 Mid-Atlantic Fishery Management Council, 45222-45223 2018-19359 Pacific Fishery Management Council, 45223 2018-19360 Permit Applications: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Pacific Coast Groundfish Fishery;

Exempted Fishing, 45224-45225 2018-19305 National Park National Park Service PROPOSED RULES Hunting and Trapping in National Preserves; Extension of Public Comment Period: Alaska, 45203 2018-19293 NOTICES Meetings: Cedar Creek and Grove National Historical Park Advisory Commission, 45278 2018-19340 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 45285 2018-19425 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Applications:

Integrated Storage Partner's Waste Control Specialists Consolidated Interim Storage Facility, 45288 C2--2018--18758 License Renewal Applications: Exelon Generation Co., LLC, Peach Bottom Atomic Power Station, Units 2 and 3, 45285-45287 2018-19246 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cadmium in General Industry, 45283-45284 2018-19288 Meetings: Whistleblower Protection, 45284-45285 2018-19289 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials:

Applications for Special Permits, 45302-45306 2018-19306 2018-19307 2018-19308 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 45288 2018-19356 Postal Service Postal Service NOTICES Product Changes: Priority Mail Express Negotiated Service Agreement, 45288 2018-19275 Priority Mail Negotiated Service Agreement, 45288-45289 2018-19276 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Labor Day (Proc. 9780), 45317-45319 2018-19513 National Alcohol and Drug Addiction Recovery Month (Proc. 9778), 45311-45314 2018-19506 National Preparedness Month (Proc. 9779), 45315-45316 2018-19509 EXECUTIVE ORDERS Retirement Security;

Strengthening Efforts (EO 13847), 45321-45323 2018-19514 Rural Business Rural Business-Cooperative Service NOTICES Rural Development Cooperative Agreement Program; Correction, 45208 2018-19357 Rural Housing Service Rural Housing Service NOTICES Rural Development Cooperative Agreement Program; Correction, 45208 2018-19357 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45209-45210 2018-19344 2018-19345 Rural Development Cooperative Agreement Program;

Correction, 45208 2018-19357 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: The Nasdaq Stock Market LLC, 45289-45297 2018-19239 2018-19241 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Charterhouse of Bruges: Jan Van Eyck, Petrus Christus, and Jan Vos, 45298-45299 2018-19228 Designations as Foreign Terrorist Organizations: Jama'at Nusrat al-Islam wal-Muslimin (JNIM), aka Jamaat Nosrat al-Islam wal-Mouslimin, aka Group for the Support of Islam and Muslims, et al., 45298 2018-19277 Designations as Foreign Terrorists:

Jama'at Nusrat al-Islam wal-Muslimin (JNIM), aka Jamaat Nosrat al-Islam wal-Mouslimin, aka Group for the Support of Islam and Muslims, et al., 45298 2018-19274 Meetings: Advisory Committee on International Law, 45298 2018-19334 Codex The U.S. Codex Office NOTICES Meetings: Codex Committee on Food Import and Export Inspection and Certification Systems, 45207-45208 2018-19323 Transportation Department Transportation Department See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Senior Executive Service Performance Review Boards Membership, 45306-45307 2018-19304 Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Meetings:

Federal Advisory Committee on Insurance, 45308 2018-19348 U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 45308-45309 2018-19311 Separate Parts In This Issue Part II Presidential Documents, 45311-45319, 45321-45323 2018-19513 2018-19506 2018-19509 2018-19514 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. 83 173 Thursday, September 6, 2018 Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0644;

FRL-9982-96—Region 5] Air Plan Approval; Ohio; Cleveland, PM 2.5 Attainment Plan AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: On October 14, 2016, the Ohio Environmental Protection Agency

(OEPA)submitted a State Implementation Plan

(SIP)submission for the 2012 Fine Particle (PM 2.5 ) National Ambient Air Quality Standards (NAAQS) for the Cleveland nonattainment area. EPA proposed to approve the state's submittal on June 4, 2018. DATES: This final rule is effective on October 9, 2018. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0644. All documents in the docket are listed in the *http://www.regulations.gov* website. Although listed in the index, some information is not publicly available, *e.g.,* Confidential Business Information 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 either through *http://www.regulations.gov,* or please contact the person identified in the “For Further Information Contact” section for additional availability information. FOR FURTHER INFORMATION CONTACT: Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886-6061, *acevedo.francisco@epa.gov.* SUPPLEMENTARY INFORMATION: Throughout this document, wherever “we”, “us” or “our” is used, we mean EPA. I. What is being addressed by this document? On June 4, 2018, at 83 FR 25608, EPA proposed to approve a revision to the SIP for the 2012 PM 2.5 NAAQS for the Cleveland nonattainment area. As required by the Clean Air Act (CAA), OEPA developed an attainment plan to address the Cleveland nonattainment area and evaluate the area's ability to attain the 2012 PM 2.5 NAAQS by the “Moderate” attainment date of December 31, 2021. The SIP submission addressed specific requirements as outlined in the CAA including: attainment demonstration; reasonable available control measure

(RACM)analysis; emissions inventory requirements; reasonable further progress

(RFP)with quantitative milestones; and nonattainment new source review (NNSR). Additionally, the SIP submission included optional PM 2.5 precursor demonstrations for NNSR and attainment planning purposes. EPA evaluated the SIP submission and is approving portions of the submission as meeting the applicable CAA requirements for RACM, emissions inventory, attainment demonstration modeling, and precursor insignificance demonstrations for NNSR and attainment planning purposes. EPA is not acting on the other elements of the submission, including reasonable further progress (RFP), with quantitative milestones, and motor vehicle emission budgets (MVEBs). II. What comments did we receive on the proposed SIP revision? Our June 4, 2018, proposed rule provided a 30-day review and comment period. The comment period closed on July 5, 2018. EPA received comments from three parties during the public comment period but all comments were completely outside of the scope of this action and therefore are not being addressed as part of this final action. III. What action is EPA taking? EPA is approving a SIP revision submitted by Ohio EPA on October 14, 2016. Ohio's attainment demonstration modeling, and precursor analysis for both attainment planning RACM and nonattainment NNSR determined that VOCs and NH 3 do not significantly contribute to PM 2.5 concentrations in the area. EPA finds that Ohio's analysis is reasonable and well supported. EPA is thus approving the following elements of the 2012 SIP submission: the base year 2011 emissions inventory to meet the section 172(c)(3) requirement for emission inventories; the demonstration of attainment for 2021 as meeting the statutory requirement in CAA 189(a)(1)(B); current controls as meeting RACM requirements of 172(c)(1) and 189(a)(1(C). IV. Statutory and Executive Order Reviews Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA 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 CAA. 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); • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866; • 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 CAA; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). The Congressional Review Act, 5 U.S.C. 801 *et seq.,* as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the **Federal Register** A major rule cannot take effect until 60 days after it is published in the **Federal Register** . This action is not a “major rule” as defined by 5 U.S.C. 804(2). 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 November 5, 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, Incorporation by reference, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 20, 2018. Cathy Stepp, Regional Administrator, Region 5. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 *et seq.* 2. In § 52.1870, the table in paragraph

(e)is amended by adding the subheading “Summary of Criteria Pollutant Attainment Plans” and the entry “PM 2.5 (2012)” before the subheading “Summary of Criteria Pollutant Maintenance Plan” to read as follows: § 52.1870 Identification of plan.

(e)* * * EPA-Approved Ohio Nonregulatory and Quasi-Regulatory Provisions Title Applicable geographical or non-attainment area State date EPA approval Comments * * * * * * * Summary of Criteria Pollutant Attainment Plans PM 2.5

(2012)Cleveland 10/14/2016 9/6/2018, [insert Federal Register citation] EPA is approving the following elements: the base year 2011 emissions inventory; the demonstration of attainment for 2021; current controls as meeting RACM requirements. Summary of Criteria Pollutant Maintenance Plan * * * * * * * [FR Doc. 2018-19144 Filed 9-5-18; 8:45 am]

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