36176 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a temporary safety 

zone. It is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination will be available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREA 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0522 to read as 

follows: 

§ 165.T01–0522 Safety Zone; Raritan Bay, 

Perth Amboy, NJ. 

(a) Regulated area. The following area 

is a temporary safety zone: All navigable 

waters of Raritan Bay within a 300-yard 

radius of the fireworks barge located in 

approximate position 40°29′28′′ N, 

074°15′45′′ W, in the vicinity of Perth 

Amboy, NJ, approximately 1,110 yards 

southeast of Ferry Point, Perth Amboy, 

NJ. 

(b) Effective and enforcement period. 

This rule will be effective and enforced 

from 8:45 p.m. until 10:30 p.m. on July 

1, 2016. 

(c) Definitions. The following 

definitions apply to this section: 

(1) Designated representative. A 

‘‘designated representative’’ is any Coast 

Guard commissioned, warrant or petty 

officer of the U.S. Coast Guard who has 

been designated by the Captain of the 

Port New York (COTP), to act on his or 

her behalf. A designated representative 

may be on an official patrol vessel or 

may be on shore and will communicate 

with vessels via VHF–FM radio or 

loudhailer. In addition, members of the 

Coast Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

(2) Official patrol vessels. Official 

patrol vessels may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP. 

(3) Spectators. All persons and vessels 

not registered with the event sponsor as 

participants or official patrol vessels. 

(d) Regulations. (1) The general 

regulations contained in § 165.23, as 

well as the following regulations, apply. 

(2) No vessels, except for fireworks 

barge and accompanying vessels, will be 

allowed to transit the safety zone 

without the permission of the COTP. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or a designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light, or other means, the operator of a 

vessel shall proceed as directed. Failure 

to comply with a lawful direction may 

result in expulsion from the area, 

citation for failure to comply, or both. 

(4) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the COTP or a designated 

representative via VHF channel 16 or 

718–354–4353 (Sector New York 

command center) to obtain permission 

to do so. 

(5) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 

transit of event participants or official 

patrol vessels in the regulated areas 

during the effective dates and times, 

unless authorized by COTP or a 

designated representative. 

(6) The COTP or a designated 

representative may delay or terminate 

any marine event in this subpart at any 

time it is deemed necessary to ensure 

the safety of life or property. 

Dated: May 15, 2016. 

M.H. Day, 

Captain, U.S. Coast Guard, Captain of the 

Port New York. 

[FR Doc. 2016–13338 Filed 6–3–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2013–0005; FRL–9947–23– 

Region 10] 

Finding of Attainment and Approval of 

Attainment Plan for Klamath Falls, 

Oregon Fine Particulate Matter 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing the finding of 

attainment and approving the 

attainment plan submitted on December 

12, 2012 by the Oregon Department of 

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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36177 

Environmental Quality (ODEQ) for the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS) for the Klamath 

Falls, Oregon nonattainment area. Based 

upon 2012–2014 quality-assured, 

quality-controlled, and certified ambient 

air monitoring data available in the 

EPA’s Air Quality System (AQS), the 

area has monitored attainment of the 

2006 24-hour PM2.5 NAAQS. The EPA 

determined that the attainment plan 

addressed the nonattainment planning 

requirements of the Clean Air Act (CAA) 

and provided for attainment of the PM2.5

NAAQS. The attainment plan’s strategy 

for controlling direct and precursor 

PM2.5 emissions relied primarily on an 

episodic woodstove curtailment 

program and a program to change-out 

uncertified woodstoves. 

DATES: This final rule is effective July 6, 

2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2013–0005. 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, 

e.g., Confidential Business Information 

(CBI) or other information the disclosure 

of which 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 

electronically through http://

www.regulations.gov or in hard copy at 

the Air Planning Unit, Office of Air and 

Waste, EPA Region 10, 1200 Sixth 

Avenue, Seattle, WA 98101. The EPA 

requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information please contact Justin 

Spenillo at (206) 553–6125, 

spenillo.justin@epa.gov or by using the 

EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Orders Review 

I. Background Information 

On April 13, 2016, the EPA proposed 

to approve the attainment plan 

submitted by the ODEQ on December 

12, 2012 and to make a finding of 

attainment for the Klamath Falls PM2.5

area (81 FR 21814). An explanation of 

the CAA attainment planning 

requirements, a detailed analysis of the 

ODEQ’s attainment plan submittal, and 

the EPA’s reasons for proposing 

approval were provided in the notice of 

proposed rulemaking, and will not be 

restated here. The public comment 

period for this proposed rule ended on 

May 13, 2016. The EPA received no 

comments on the proposal. 

II. Final Action 

The EPA is finalizing the finding of 

attainment and approving the 

attainment plan submitted by the ODEQ 

on December 12, 2012 for the Klamath 

Falls PM2.5 area as meeting the 

requirements of the CAA. The finding of 

attainment does not constitute a 

redesignation to attainment. 

Redesignations require states to meet a 

number of criteria including EPA 

approval of a state plan to maintain the 

air quality standard for 10 years after 

redesignation. Additionally, the EPA is 

approving and incorporating by 

reference updated versions of 

supporting regulations, specifically 

sections of Oregon Administrative 

Rules, Division 240 and Division 262 

that provide for the contingency 

measures required under the CAA. The 

EPA is finalizing a Clean Data 

Determination (CDD) that suspends the 

requirements for the area to submit an 

attainment demonstration, associated 

Reasonably Available Control Measures, 

Reasonable Further Progress, 

contingency measures, and any other 

SIP planning requirements related to the 

attainment of the 2006 PM2.5 NAAQS, so 

long as the area continues to meet the 

standard. Although a CDD suspends the 

requirement for submission of certain 

attainment planning elements, it does 

not relieve the EPA of its responsibility 

to take action on a state’s SIP 

submission. The EPA is fully approving 

the Klamath Falls nonattainment plan as 

meeting the requirements of the CAA. 

The EPA is also approving Exceptional 

Events on September 25, 2009; August 

25, 28, and 31, 2012; and July 30 and 

August 5, 2013 and removing them from 

the data set used for regulatory 

purposes. 

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 the 

regulations 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 electronically 

through http://www.regulations.gov 

and/or in hard copy at the appropriate 

EPA office (see the ADDRESSES section of 

this preamble for more information). 

IV. Statutory and Executive Orders 

Review 

Under the CAA, 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, the 

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); 

• 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 the 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). 

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36178 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 

The SIP is not approved to 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. In those areas of Indian 

country, the rule does not have tribal 

implications and it 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. The 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 August 5, 2016. 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) of the CAA). 

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: May 24, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

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. 

Subpart MM—Oregon 

■ 2. Section 52.1970: 

■ a. In paragraph (c), Table 2—EPA 

Approved Oregon Administrative Rules 

(OAR) is amended by: 

■ i. Adding a undesignated heading 

titled ‘‘Klamath Falls Nonattainment 

Area Contingency Measures’’ after the 

entry for ‘‘240–0560’’ and adding the 

entries ‘‘240–0570’’, ‘‘240–0580’’, ‘‘240– 

0610’’, ‘‘240–0620’’, and ‘‘240–0630’’; 

and 

■ ii. Adding an entry ‘‘262–1000’’ after 

the entry for ‘‘262–0900’’; and 

■ b. In paragraph (e), table titled ‘‘State 

of Oregon Air Quality Control Program’’ 

adding under ‘‘Section 4’’, a new entry 

‘‘4.62’’ after the entry ‘‘4.61’’. 

The additions read as follows: 

§ 52.1970 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA-APPROVED OREGON ADMINISTRATIVE RULES (OAR) 

State citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

Klamath Falls Nonattainment Area Contingency Measures 

240–0570 ......... Applicability .................................................... 12/11/2012 6/6/2016 [Insert Federal Register citation].

240–0580 ......... Existing Industrial Sources Control Efficiency 12/11/2012 6/6/2016 [Insert Federal Register citation].

240–0610 ......... Continuous Monitoring for Industrial Sources 12/11/2012 6/6/2016 [Insert Federal Register citation].

240–0620 ......... Contingency Measures: New Industrial 

Sources.

12/11/2012 6/6/2016 [Insert Federal Register citation].

240–0630 ......... Contingency Enhanced Curtailment of Use of 

Solid Fuel Burning Devices and Fireplaces.

12/11/2012 6/6/2016 [Insert Federal Register citation].

* * * * * * * 

262–1000 ......... Wood Burning Contingency Measures for 

PM2.5 Nonattainment Areas.

12/11/2012 6/6/2016 [Insert Federal Register citation].

* * * * * * * 

* * * * * 

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Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36179 

(e) * * * 

STATE OF OREGON AIR QUALITY CONTROL PROGRAM

SIP citation Title/subject 

State 

effective 

date 

EPA approval date Explanations 

*******

4.62, 12/12/ 

2012 

4.62, 6/6/2016 [Insert Federal Register citation].4.62, Klamath 

Falls PM2.5

Attainment 

Plan 

* * * * * * * 

[FR Doc. 2016–13031 Filed 6–3–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0793; FRL–9947–27– 

Region 9] 

Partial Approval and Partial 

Disapproval of Air Quality State 

Implementation Plans; Arizona; 

Infrastructure Requirements To 

Address Interstate Transport for the 

2008 Ozone NAAQS; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

omission in the final rule document 

published on May 19, 2016, announcing 

the Environmental Protection Agency’s 

(EPA’s) approval in part and 

disapproval in part of State 

Implementation Plan (SIP) revisions 

submitted by the Arizona Department of 

Environmental Quality to address the 

interstate transport requirements of 

Clean Air Act section 110(a)(2)(D)(i) 

with respect to the 2008 ozone national 

ambient air quality standard. The 

correction of this omission does not 

change the EPA’s final action to approve 

in part and disapprove in part these SIP 

revisions. 

DATES: This correcting amendment is 

effective on June 20, 2016. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, (415) 972–3856, 

kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

22, 2016 (81 FR 15200), the EPA 

proposed to approve in part and to 

disapprove in part SIP revisions 

submitted by the Arizona Department of 

Environmental Quality (ADEQ) on 

December 27, 2012, and supplemented 

on December 3, 2015, to address the 

interstate transport requirements of 

Clean Air Act (CAA or Act) section 

110(a)(2)(D)(i) with respect to the 2008 

ozone National Ambient Air Quality 

Standard (NAAQS). More specifically, 

in the March 22, 2016 proposed rule, 

the EPA proposed to approve Arizona’s 

SIP as meeting the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I) prongs 1 and 2 and to 

disapprove Arizona’s SIP with respect 

to the interstate transport requirements 

of CAA section 110(a)(2)(D)(i)(II) prong 

4. Id., at 15204. No comments were 

submitted on the EPA’s March 22, 2016 

proposed action. On May 19, 2016 (81 

FR 31513), the EPA published a final 

rulemaking action announcing its 

approval in part and disapproval in part 

of the relevant SIP revisions as proposed 

on March 22, 2016. However, in its May 

19, 2016 final rule, the EPA 

inadvertently omitted the regulatory text 

that codifies the final action taken 

therein. This document corrects that 

oversight. 

The EPA has determined that this 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because the action codified herein was 

already subject to a 30-day comment 

period beginning with publication of the 

related proposed rule on March 22, 

2016, and as noted above, no comments 

were submitted. Thus, no purpose 

would be served by additional public 

notice and comment. 

The EPA also finds that there is good 

cause under APA section 553(d)(3) for 

the regulatory text added herein to 

become effective on the same date as the 

final rulemaking for which the 

regulatory text was inadvertently 

omitted. Section 553(d)(3) of the APA 

allows an effective date less than 30 

days after publication ‘‘as otherwise 

provided by the agency for good cause 

found and published with the rule.’’ 5 

U.S.C. 553(d)(3). The purpose of the 30- 

day waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. This rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, this rule merely 

adds regulatory text codifying the 

partial approval and partial disapproval 

action that the EPA published on May 

19, 2016, which is 30 days from the date 

on which this rule will become 

effective. The May 19, 2016 final rule 

thus provided sufficient notice and time 

for affected parties to take appropriate 

action to the extent any action is 

necessary to comply with the rule. For 

these reasons, the EPA finds good cause 

under APA section 553(d)(3) for the 

regulatory text codified herein and 

associated with the May 19, 2016 final 

rule to become effective on same date as 

the May 19, 2016 final rule becomes 

effective (i.e., June 20, 2019). 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely adds 

regulatory text inadvertently omitted 

from a previous final rule and imposes 

no additional requirements beyond 

those imposed by state law. 

Accordingly, the Administrator certifies 

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