[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 29005-29009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13055]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2014-0604; FRL-9963-88-Region 1]
Air Plan Approval; VT; Infrastructure State Implementation Plan
Requirements
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of State Implementation Plan (SIP) submissions from Vermont
regarding the infrastructure requirements of the Clean Air Act (CAA or
Act) for the 1997 fine particle matter (PM2.5), 1997 ozone,
2006 PM2.5, 2008 lead (Pb), 2008 ozone, 2010 nitrogen
dioxide (NO2), and 2010 sulfur dioxide (SO2)
National Ambient Air Quality Standards (NAAQS). We also are approving
two statutes and one Executive Order submitted by Vermont in support of
its demonstration that the infrastructure requirements of the CAA have
been met. In addition, we are conditionally approving certain elements
of Vermont's submittals relating to prevention of significant
deterioration (PSD) requirements. Last, we are updating the priority
classification for two of Vermont's air quality control regions for
SO2 based on recent air quality monitoring data collected by
the state, which means that a contingency plan for SO2 is
not required. The infrastructure requirements are designed to ensure
that the structural components of each state's air quality management
program are adequate to meet the state's responsibilities under the
CAA. This action is being taken in accordance with the CAA.
DATES: This rule is effective on July 27, 2017.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2014-0604. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, 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 http://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: Alison C. Simcox, Air Quality Planning
Unit, Air Programs Branch (Mail Code OEP05-02), U.S. Environmental
Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston,
Massachusetts 02109-3912; (617) 918-1684; [email protected].
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Organization of this document. The following outline is provided to
aid in locating information in this preamble.
I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background and Purpose
On March 30, 2017 (82 FR 15671), EPA published a Notice of Proposed
Rulemaking (NPR) for the State of Vermont. The NPR proposed approval of
infrastructure SIP submissions from the Vermont Department of
Environmental Conservation (VT DEC) for the 1997 PM2.5,\1\
1997 ozone, 2006
[[Page 29006]]
PM2.5, 2008 Pb, 2008 ozone, 2010 NO2, and 2010
SO2 NAAQS. The state submitted these infrastructure SIPs on
the following dates: 1997 PM2.5 NAAQS--February 18, 2009;
1997 ozone NAAQS--February 18, 2009; 2006 PM2.5 NAAQS--May
21, 2010; 2008 Pb NAAQS--July 29, 2014; 2008 ozone NAAQS--November 2,
2015; 2010 NO2 NAAQS--November 2, 2015; and 2010
SO2 NAAQS--November 2, 2015.
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\1\ PM2.5 refers to particulate matter of 2.5 microns
or less in diameter, often referred to as ``fine'' particles.
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EPA's NPR also proposed approval of two statutes and one Executive
Order submitted by Vermont in support of its demonstration that the
infrastructure requirements of the CAA have been met. In addition, the
NPR proposed conditional approval of certain elements of Vermont's
submittals relating to PSD requirements. Finally, EPA's NPR proposed to
update the classification for two of Vermont's air quality control
regions for SO2 to Priority III, based on recent air quality
monitoring data collected by the state.
Other specific requirements of infrastructure SIPs and the
rationale for EPA's proposed action are explained in the NPR and will
not be restated here. One public comment was received on the NPR.
However, the commenter did not mention anything specific in the NPR
that we should change or provide a clear explanation based on the CAA
why we should proceed any differently than as proposed. For this
reason, EPA need not provide any further response. The comment is
provided in the docket for this final rulemaking action.
II. Final Action
EPA is approving SIP submissions from Vermont certifying that the
state's current SIP is sufficient to meet the required infrastructure
elements under sections 110(a)(1) and (2) for the 1997
PM2.5, 1997 ozone, 2006 PM2.5, 2008 Pb, 2008
ozone, 2010 NO2, and 2010 SO2 NAAQS, with the
exception of certain aspects relating to the state's PSD program which
we are conditionally approving. A summary of EPA's actions regarding
these infrastructure SIP requirements is contained in Table 1 below.
Table 1--Action Taken on VT Infrastructure SIP Submittals for Listed NAAQS
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1997 PM2.5
and 1997 2006 PM2.5
Element Ozone 2008 Pb 2008 Ozone 2010 NO2 2010 SO2
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(A): Emission limits and A A A A A A
other control measures.....
(B): Ambient air quality A A A A A A
monitoring and data system.
(C)1: Enforcement of SIP A A A A A A
measures...................
(C)2: PSD program for major * A * A * A * A * A * A
sources and major
modifications..............
(C)3: PSD program for minor A A A A A A
sources and minor
modifications..............
(D)1: Contribute to PA1 PA1 A PA2 A NT
nonattainment/interfere
with maintenance of NAAQS..
(D)2: PSD................... * A * A * A * A * A * A
(D)3: Visibility Protection. A A A A A A
(D)4: Interstate Pollution A A A A A A
Abatement..................
(D)5: International A A A A A A
Pollution Abatement........
(E)1: Adequate resources.... A A A A A A
(E)2: State boards.......... A A A A A A
(E)3: Necessary assurances NA NA NA NA NA NA
with respect to local
agencies...................
(F): Stationary source A A A A A A
monitoring system..........
(G): Emergency power........ A A A A A A
(H): Future SIP revisions... A A A A A A
(I): Nonattainment area plan + + + + + +
or plan revisions under
part D.....................
(J)1: Consultation with A A A A A A
government officials.......
(J)2: Public notification... A A A A A A
(J)3: PSD................... * A * A * A * A * A * A
(J)4: Visibility protection. + + + + + +
(K): Air quality modeling A A A A A A
and data...................
(L): Permitting fees........ A A A A A A
(M): Consultation and A A A A A A
participation by affected
local entities.............
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In the above table, the key is as follows:
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A...................................... Approve
A *.................................... Conditionally approve
+...................................... Not germane to infrastructure
SIPs
NA..................................... Not applicable
NT..................................... Not taking action at this time
PA1.................................... Previously approved (04/10/
2017; 82 FR 17124)
PA2.................................... Previously approved (10/13/
2016; 81 FR 70631)
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As noted in Table 1, we are conditionally approving portions of
Vermont's infrastructure SIP submittals pertaining to PSD-related
elements (C)(2), (D)(2), and (J)(3). In addition, EPA is removing the
following provisions from Title 40 of the CFR: Sec. Sec. 52.2373,
52.2374(a), and 52.2382(a)(1), (2), (4), and (5), for reasons discussed
in the NPR. Although the NPR also proposed removal of 40 CFR
52.2374(b), we are not taking final action with respect to that
paragraph today.
EPA is also approving and incorporating into the Vermont SIP one
statute, 10 V.S.A. section 554, ``Powers,'' that was included in
Vermont's November 2015 infrastructure SIP submittal for the 2008
ozone, 2010 NO2, and 2010 SO2 NAAQS. We are also
approving and incorporating in the Vermont SIP one statute, 10 V.S.A.
section 563, ``Confidential records; penalty,'' and an Executive Order,
09-11 ``Executive Code of Ethics,'' which were included in a November
21, 2016 supplemental letter to the Vermont infrastructure SIP
submissions; this letter is included in the docket for this action.
[[Page 29007]]
Last, we are updating the classification at 40 CFR 52.2371 for the
Champlain Valley Interstate and Vermont Intrastate air quality control
regions for sulfur dioxide to Priority III, based on recent air quality
monitoring data collected by the state, which, by operation of 40 CFR
51.152(c), relieves Vermont of the requirement to have a contingency
plan for sulfur dioxide.
As noted above, EPA is conditionally approving aspects of Vermont's
SIP revision submittals pertaining to the state's PSD program. The
outstanding issues with the PSD program concern the lack of SIP-
approved requirements (1) to include NOX and VOC as
precursor pollutants to ozone in defining a ``significant'' increase in
actual emissions from a source of air contaminants, and (2) that define
a method for determining the amount of PSD increments available to a
new or modified major source.
On May 23, 2017, Vermont submitted to EPA a SIP submittal intended
to address the above mentioned deficiency in the state's PSD program.
EPA will evaluate this submittal in a separate action, and the
conditionally approved submission will remain a part of the SIP until
EPA takes final action approving or disapproving it. If EPA disapproves
the submittal, the conditionally approved aspect or aspects of
Vermont's PSD program will also be disapproved at that time. If EPA
approves the revised PSD program submittal, then the portions of
Vermont's infrastructure SIP submittals that were conditionally
approved will be fully approved in their entirety and replace the
conditional approval in the SIP. In addition, final disapproval of an
infrastructure SIP submittal triggers the Federal implementation plan
(FIP) requirement under section 110(c).
III. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of two
Vermont statutes and one Vermont Executive Order as described in the
amendments to 40 CFR part 52 set forth below. The EPA has made, and
will continue to make, these documents generally available through
http://www.regulations.gov.
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 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 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 August 28, 2017. 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, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.
Dated: May 31, 2017.
Deborah A. Szaro,
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--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
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:
0
a. The table in paragraph (c) is amended by adding the heading entitled
``Statutes and Executive Orders'' and the entries ``10 V.S.A. section
554 of the Vermont Statutes'', ``10 V.S.A. section 563 of the Vermont
Statutes'', and
[[Page 29008]]
``Vermont Executive Order 09-11'' at the end of the table.
0
b. The table in paragraph (e) is amended by adding the entries
``Infrastructure SIP for 1997 PM2.5 NAAQS'',
``Infrastructure SIP for 1997 ozone NAAQS'', ``Infrastructure SIP for
2006 PM2.5 NAAQS'', ``Infrastructure SIP for the 2008 Lead
NAAQS'', ``Infrastructure SIP for 2008 ozone NAAQS ``, ``Infrastructure
SIP for the 2010 NO2 NAAQS'', and ``Infrastructure SIP for
the 2010 SO2 NAAQS'' at the end of the table.
The additions read as follows:
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Vermont Regulations
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State
State citation Title/subject effective date EPA approval date Explanations
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Statutes and Executive Orders
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10 V.S.A. section 554 of the Powers............ 11/02/2015 6/27/2017, [insert Provides the Secretary
Vermont Statutes. Federal Register of ANR with power to
citation]. adopt, amend and
repeal rules,
implementing
provisions of 10 VSA
Chapter 23, Air
Pollution Control.
10 V.S.A. section 563 of the Confidential 11/21/2016 6/27/2017, [insert Confidential records
Vermont Statutes. records; penalty. Federal Register furnished to or
citation]. obtained by the
secretary concerning
air contaminant
sources are for
confidential use of
the secretary, with
penalties for
violation.
Vermont Executive Order 09-11.. Executive Code of 11/21/2016 6/27/2017, [insert Prohibits VT Executive
Ethics. Federal Register Branch appointees from
citation]. taking any action in
any particular matter
in which he or she has
either a conflict of
interest or the
appearance of a
conflict of interest,
until such time as the
conflict is resolved.
----------------------------------------------------------------------------------------------------------------
* * * * *
(e) * * *
Vermont Non-Regulatory
----------------------------------------------------------------------------------------------------------------
Applicable State
Name of non-regulatory SIP geographic or submittal date/ EPA approval date Explanations
provision nonattainment area effective date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Infrastructure SIP for 1997 Statewide......... 02/18/2009 6/27/2017, [insert Approved submittal,
PM2.5 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for 1997 Statewide......... 02/18/2009 6/27/2017, [insert Approved submittal,
ozone NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for 2006 Statewide......... 05/21/2010 6/27/2017, [insert Approved submittal,
PM2.5 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for the 2008 Statewide......... 07/29/2014 6/27/2017, [insert Approved submittal,
Lead NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for 2008 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal,
ozone NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for the 2010 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal,
NO2 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
Infrastructure SIP for the 2010 Statewide......... 11/02/2015 6/27/2017, [insert Approved submittal,
SO2 NAAQS. Federal Register except for certain
citation]. aspects relating to
PSD which were
conditionally
approved.
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0
3. In Sec. 52.2371, revise the table to read as follows:
Sec. 52.2371 Classification of regions.
* * * * *
[[Page 29009]]
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Pollutant
Air quality control region ---------------------------------------------------------------------------------------------------------------------
Particulate matter Sulfur oxides Nitrogen dioxide Carbon monoxide Ozone
--------------------------------------------------------------------------------------------------------------------------------------------------------
Champlain Valley Interstate....... II III III III III
Vermont Intrastate................ II III III III III
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 52.2373 [Removed and Reserved]
0
4. Section 52.2373 is removed and reserved.
Sec. 52.2374 [Amended]
0
5. Section 52.2374 is amended by removing and reserving paragraph (a).
0
6. Section 52.2376 is added to read as follows:
Sec. 52.2376 Identification of plan-conditional approvals.
(a) Conditional approvals. (1) 1997 fine particulate
(PM2.5) National Ambient Air Quality Standards (NAAQS): The
110(a)(2) infrastructure SIP submitted on February 18, 2009, is
conditionally approved for Clean Air Act sections 110(a)(2)(C),
(D)(i)(II), and (J) only as it relates to the aspect of the PSD program
pertaining to adding NOX and VOC as precursor pollutants to
ozone in defining a ``significant'' increase in actual emissions from a
source of air contaminants, and defining a method for determining the
amount of PSD increments available to a new or modified major source.
On November 21, 2016, the State of Vermont supplemented this submittal
with a commitment to address these requirements for PSD.
(2) 1997 Ozone (NAAQS): The 110(a)(2) infrastructure SIP submitted
on February 18, 2009, is conditionally approved for Clean Air Act
sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the
aspect of the PSD program pertaining to adding NOX and VOC
as precursor pollutants to ozone in defining a ``significant'' increase
in actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(3) 2006 PM2.5 NAAQS: The 110(a)(2) infrastructure SIP
submitted on May 21, 2010, is conditionally approved for Clean Air Act
sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the
aspect of the PSD program pertaining to adding NOX and VOC
as precursor pollutants to ozone in defining a ``significant'' increase
in actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(4) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on
July 29, 2014, is conditionally approved for Clean Air Act sections
110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of
the PSD program pertaining to adding NOX and VOC as
precursor pollutants to ozone in defining a ``significant'' increase in
actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(5) 2008 Ozone NAAQS: The 110(a)(2) infrastructure SIP submitted on
November 2, 2015, is conditionally approved for Clean Air Act sections
110(a)(2)(C), (D)(i)(II), and (J) only as it relates to the aspect of
the PSD program pertaining to adding NOX and VOC as
precursor pollutants to ozone in defining a ``significant'' increase in
actual emissions from a source of air contaminants, and defining a
method for determining the amount of PSD increments available to a new
or modified major source. On November 21, 2016, the State of Vermont
supplemented this submittal with a commitment to address these
requirements for PSD.
(6) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on November 2, 2015, is conditionally approved for Clean Air
Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to
the aspect of the PSD program pertaining to adding NOX and
VOC as precursor pollutants to ozone in defining a ``significant''
increase in actual emissions from a source of air contaminants, and
defining a method for determining the amount of PSD increments
available to a new or modified major source. On November 21, 2016, the
State of Vermont supplemented this submittal with a commitment to
address these requirements for PSD.
(7) 2010 Sulfur Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on November 2, 2015, is conditionally approved for Clean Air
Act sections 110(a)(2)(C), (D)(i)(II), and (J) only as it relates to
the aspect of the PSD program pertaining to adding NOX and
VOC as precursor pollutants to ozone in defining a ``significant''
increase in actual emissions from a source of air contaminants, and
defining a method for determining the amount of PSD increments
available to a new or modified major source. On November 21, 2016, the
State of Vermont supplemented this submittal with a commitment to
address these requirements for PSD.
(b) [Reserved]
Sec. 52.2382 [Amended]
0
7. In Sec. 52.2382:
0
a. Remove paragraphs (a)(1), (2), (4), and (5).
0
b. Redesignate paragraph (a)(3) as paragraph (a)(1).
0
c. Add reserved paragraph (a)(2).
[FR Doc. 2017-13055 Filed 6-26-17; 8:45 am]
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