Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45421 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Nitrogen dioxide, 

Volatile organic compounds. 

Dated: June 27, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

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 L—Georgia 

■ 2. Section 52.582 is amended by 

adding paragraph (e) to read as follows: 

§ 52.582 Control strategy: Ozone. 

* * * * * 

(e) Determination of attaining data. 

EPA has determined, as of July 14, 2016, 

that the Atlanta, Georgia nonattainment 

area has attaining data for the 2008 8- 

hour ozone NAAQS. This 

determination, in accordance with 40 

CFR 51.1118, suspends the 

requirements for this area to submit 

attainment demonstrations and 

associated reasonably available control 

measures, reasonable further progress 

plans, contingency measures for failure 

to attain or make reasonable progress, 

and other planning SIPs related to 

attainment of the 2008 ozone NAAQS, 

or for any prior NAAQS for which the 

determination has been made, until 

such time as: The area is redesignated 

to attainment for that NAAQS or a 

redesignation substitute is approved as 

appropriate, at which time the 

requirements no longer apply; or EPA 

determines that the area has violated 

that NAAQS, at which time the area is 

again required to submit such plans. 

[FR Doc. 2016–16449 Filed 7–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0106; FRL–9948–95- 

Region 4] 

Air Plan Approval; NC; Fine Particulate 

Matter National Ambient Air Quality 

Standards Revision 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve a revision to a State 

Implementation Plan (SIP) submitted by 

the State of North Carolina, through the 

North Carolina Department of 

Environmental Quality’s (NCDEQ) 

Division of Air Quality (DAQ) on 

December 11, 2015, that incorporates 

amendments to the state rules reflecting 

the 2012 national ambient air quality 

standards (NAAQS) for fine particulate 

matter (PM2.5). This action is being 

taken pursuant to the Clean Air Act 

(CAA or Act). 

DATES: This direct final rule is effective 

September 12, 2016 without further 

notice, unless EPA receives adverse 

comment by August 15, 2016. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

rule in the Federal Register and inform 

the public that the rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2016–0106 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Madolyn Sanchez, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Sanchez can be reached via telephone at 

(404) 562–9644 or via electronic mail at 

sanchez.madolyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 108 and 109 of the CAA 

govern the establishment, review, and 

revision, as appropriate, of the NAAQS 

to protect public health and welfare. 

The CAA requires periodic review of the 

air quality criteria—the science upon 

which the standards are based—and the 

standards themselves. EPA’s regulatory 

provisions that govern the NAAQS are 

found at 40 CFR 50—National Primary 

and Secondary Ambient Air Quality 

Standards. In this rulemaking, EPA is 

taking direct final action to approve 

North Carolina’s December 11, 2015, 

submission amending the State’s 

regulations to incorporate the NAAQS 

for PM2.5, which are found at 15A North 

Carolina Administrative Code (NCAC) 

02D .0410. The SIP submittal amending 

North Carolina’s rules to incorporate the 

NAAQS can be found in the docket for 

this rulemaking at www.regulations.gov 

and is summarized below. 

II. Analysis of State’s Submittal 

On December 14, 2012, EPA 

promulgated a revised primary annual 

PM2.5 NAAQS. See 78 FR 3086. In that 

action, EPA revised the primary annual 

PM2.5 standard, strengthening it from 

15.0 micrograms per cubic meter (mg/

m3) to 12.0 mg/m3, and retained the 

existing 24-hour PM2.5 standard at 35 

mg/m3. Accordingly, in the December 

11, 2015, SIP submittal, North Carolina 

revised state rule 15A NCAC 02D .0410 

PM2.5 Particulate Matter to update the 

primary air quality standard for PM2.5 to 

be consistent with the NAAQS that were 

promulgated by EPA in 2012. EPA has 

reviewed this change to North 

Carolina’s rule for PM2.5 and has made 

the determination that this change is 

consistent with federal regulations. 

III. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of North Carolina 

regulation 15A NCAC 02D .0410 PM2.5

Particulate Matter effective September 

1, 2015, which was revised to be 

consistent with the current NAAQS. 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference by the 

Director of the Federal Register in the 

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45422 Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

next update to the SIP compilation.1

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 

the ‘‘For Further Information Contact’’ 

section of this preamble for more 

information). 

IV. Final Action 

EPA is approving the aforementioned 

change to the North Carolina SIP 

because it is consistent with EPA’s 2012 

PM2.5 standards. EPA is publishing this 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective September 12, 

2016September 12, 2016 without further 

notice unless the Agency receives 

adverse comments by August 15, 2016. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on September 12, 

2016 and no further action will be taken 

on the proposed rule. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 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); 

• 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). 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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 September 12, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, Intergovernmental relations, 

Particulate matter. 

Dated: June 30, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 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 II—North Carolina 

■ 2. Section 52.1770(c) is amended 

under Table 1, at ‘‘Subchapter 2D—Air 

Pollution Control Requirements’’, 

‘‘Section .0400 Ambient Air Quality 

Standards’’ by revising the entry for 

‘‘Sect .0410’’ to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(c) * * * 

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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations 45423 

TABLE 1—EPA APPROVED NORTH CAROLINA REGULATIONS

State citation Title/Subject State effective date EPA Approval date Explanation 

Subchapter 2D Air Pollution Control Requirements 

* * * * * * * 

Section .0400 Ambient Air Quality Standards 

* * * * * * * 

Sect .0410 ............... PM2.5 Particulate Matter ....................... 9/1/2015 7/14/16, [Insert citation of publication] 

*******

* * * * * 

[FR Doc. 2016–16458 Filed 7–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 150818742–6210–02] 

RIN 0648–XE728 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reapportionment of 

the 2016 Gulf of Alaska Pacific Halibut 

Prohibited Species Catch Limits for the 

Trawl Deep-Water and Shallow-Water 

Fishery Categories 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; 

reapportionment. 

SUMMARY: NMFS is reapportioning the 

seasonal apportionments of the 2016 

Pacific halibut prohibited species catch 

(PSC) limits for the trawl deep-water 

and shallow-water species fishery 

categories in the Gulf of Alaska. This 

action is necessary to account for the 

actual halibut PSC use by the trawl 

deep-water and shallow-water species 

fishery categories from May 15, 2016, 

through June 30, 2016. This action is 

consistent with the goals and objectives 

of the Fishery Management Plan for 

Groundfish of the Gulf of Alaska. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), July 11, 2016, through 

2400 hours, A.l.t., December 31, 2016. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Gulf of Alaska (GOA) exclusive 

economic zone according to the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMP) prepared by the 

North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The final 2016 and 2017 harvest 

specifications for groundfish in the GOA 

(81 FR 14740, March 18, 2016) 

apportions the 2016 Pacific halibut PSC 

limit for trawl gear in the GOA to two 

trawl fishery categories: A deep-water 

species fishery and a shallow-water 

species fishery. The halibut PSC limit 

for these two trawl fishery categories is 

further apportioned by season, 

including four seasonal apportionments 

to the shallow-water species fishery and 

three seasonal apportionments to the 

deep-water species fishery. The two 

fishery categories also are apportioned a 

combined, fifth seasonal halibut PSC 

limit. Unused seasonal apportionments 

are added to the next season 

apportionment during a fishing year. 

Regulations at § 679.21(d)(4)(iii)(D) 

require NMFS to combine management 

of the available trawl halibut PSC limits 

in the second season (April 1 through 

July 1) deep-water and shallow-water 

species fishery categories for use in 

either fishery from May 15 through June 

30 of each year. Furthermore, NMFS is 

required to reapportion the halibut PSC 

limit between the deep-water and 

shallow-water species fisheries after 

June 30 to account for actual halibut 

PSC use by each fishery category during 

May 15 through June 30. As of July 6, 

2016, NMFS has determined that the 

trawl deep-water and shallow-water 

fisheries used 28 metric tons (mt) and 

32 mt of halibut PSC, respectively, from 

May 15 through June 30. Accordingly, 

pursuant to § 679.21(d)(4)(iii)(D), the 

Regional Administrator is 

reapportioning the combined first and 

second seasonal apportionments (810 

mt) of halibut PSC limit between the 

trawl deep-water and shallow-water 

fishery categories to account for the 

actual PSC use (792 mt) in each fishery. 

Therefore, Table 15 of the final 2016 

and 2017 harvest specifications for 

groundfish in the GOA (81 FR 14740, 

March 18, 2016) is revised consistent 

with this adjustment. 

TABLE 15—FINAL 2016 AND 2017 APPORTIONMENT OF PACIFIC HALIBUT PSC TRAWL LIMITS BETWEEN THE TRAWL GEAR

DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES

[Values are in metric tons] 

Season Shallow-water Deep-water 1 Total 

January 20–April 1 ..................................................................................... 257 92 ..................................................... 349 

April 1–July 1 ............................................................................................. 144 299 ................................................... 443 

Subtotal of combined first and second season limit (January 20–July 1) 401 391 ................................................... 792 

July 1–September 1 ................................................................................... 180 350 ................................................... 530 

September 1–October 1 ............................................................................ 128 Any remainder ................................. 128 

Subtotal January 20–October 1 ................................................................. 709 741 ................................................... 1,450 

October 1–December 31 2 ......................................................................... ........................ .......................................................... 256 

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