Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 9109 

the 1,357-foot benchmark marked 

‘‘Russell’’ in the Boca de la Can ̃ ada del 

Pinole Land Grant; then 

(19) Proceed northwest in a straight 

line approximately 0.8 mile to the 

1,405-foot peak in the Boca de la Can ̃ ada 

del Pinole Land Grant; then 

(20) Proceed east-northeast in a 

straight line approximately 0.5 mile, 

crossing onto the Walnut Creek map, 

then continuing another 1.1 miles to the 

beginning point. 

Signed: January 11, 2016. 

John J. Manfreda, 

Administrator. 

Approved: January 22, 2016. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2016–03860 Filed 2–23–16; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0130] 

Drawbridge Operation Regulation; 

Atchafalaya River, Morgan City, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Morgan City 

Railroad Bridge across the Atchafalaya 

River (also known as Berwick Bay), mile 

17.5 [Gulf Intracoastal Waterway 

(Morgan City-Port Allen Alternate 

Route), mile 0.3] in Morgan City, St. 

Mary Parish, Louisiana. This deviation 

is necessary to perform maintenance 

needed for the operation of the bridge. 

This deviation allows for the bridge to 

remain closed-to-navigation for eightconsecutive hours in the morning and 

five-consecutive hours in the evening 

with an opening in the middle to pass 

vessels for a five-day period. 

DATES: This deviation is effective from 

11 a.m. on March 2 through 9 p.m. on 

March 6, 2016. 

ADDRESSES: The docket for this 

deviation, [USCG–2016–0130] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Donna Gagliano, 

Bridge Administration Branch, Coast 

Guard, telephone (504) 671–2128, email 

Donna.Gagliano@uscg.mil. 

SUPPLEMENTARY INFORMATION: The BNSF 

Railway requested a temporary 

deviation from the operating schedule of 

the Morgan City Railroad Bridge. These 

repairs are necessary for the operation of 

the bridge. This deviation is to install 

new Conley joints on the four bases on 

the east and west ends of the bridges 

and transition rails on the east and west 

side of the bridge’s north and south 

sides. The draw currently operates 

under 33 CFR 117.5. 

For the purposes of this deviation, the 

bridge will not be required to open from 

6 a.m. to 2 p.m. each day. From 2 p.m. 

until 4 p.m., the bridge will be opened 

for the passage of vessels. The bridge 

will again be closed-to-navigation from 

4 p.m. to 9 p.m. From 9 p.m. until 6 a.m. 

the bridge will be maintained in the 

open position. The closure will begin at 

11 a.m. on Wednesday, March 2, 2016 

and continue through 9 p.m. on March 

6, 2016. 

The vertical clearance of the bridge is 

4 feet above mean high water, elevation 

8.2 feet NGVD in the closed-tonavigation position and 73 feet above 

mean high water in open-to-navigation 

position. Navigation on the waterway 

consists of tugs with tows, oil industry 

related work and crew boats, 

commercial fishing vessels and some 

recreational crafts. 

Vessels able to pass the bridge in the 

closed position may do so at any time. 

The bridge will be able to open for 

emergencies and the Morgan City-Port 

Allen Landside route through Amelia, 

LA can be used as an alternate route. 

The Coast Guard will also inform the 

users of the waterways through our 

Local Notice to Mariners and Broadcast 

Notices to Mariners of the change in 

operating schedule for the bridge, so 

that vessel operators can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35, 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: February 19, 2016. 

David M. Frank, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2016–03895 Filed 2–23–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–HQ–OAR–2014–0606; FRL–9942–64– 

OAR] 

RIN 2060–AS27 

Review of New Sources and 

Modifications in Indian Country: 

Extension of Permitting and 

Registration Deadlines for True Minor 

Sources Engaged in Oil and Natural 

Gas Production in Indian Country 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is issuing three final 

amendments to the ‘‘Federal Minor New 

Source Review (NSR) Program in Indian 

Country’’ (we refer to this rule as the 

‘‘Federal Indian Country Minor NSR 

rule’’). We are amending the Federal 

Indian Country Minor NSR rule to 

extend the NSR minor source permitting 

deadline for true minor sources in the 

oil and natural gas sector from March 2, 

2016, to October 3, 2016. We are also 

finalizing two amendments to conform 

the minor source registration deadline 

to the permitting deadline change. 

DATES: The final rule is effective on 

February 24, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2014–0606. 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 

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 electronically 

through http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact Mr. 

Christopher Stoneman, Outreach and 

Information Division, Office of Air 

Quality Planning and Standards (C304– 

01), Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711; telephone number (919) 541– 

0823; fax number (919) 541–0072; email 

address: stoneman.chris@epa.gov. For 

questions about the applicability of this 

action to a particular source, please 

contact the appropriate EPA Regional 

contact for your state: 

• EPA Region 5 (Illinois, Indiana, 

Michigan, Minnesota, Ohio, and 

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9110 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 

1 ‘‘Review of New Sources and Modifications in 

Indian Country: Federal Implementation Plan for 

Managing Air Emissions from True Minor Sources 

Engaged in Oil and Natural Gas Production in 

Indian Country,’’ 80 FR 56554, September 18, 2015, 

http://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/

2015-21025.pdf. 

Wisconsin)—Ms. Genevieve Damico, 

Air Permits Section, Environmental 

Protection Agency, Region 5, Mail Code 

AR–18J, 77 West Jackson Boulevard, 

Chicago, Illinois 60604; telephone (312) 

353–4761; fax (312) 385–5501; email 

address: damico.genevieve@epa.gov. 

• EPA Region 6 (Arkansas, Louisiana, 

New Mexico, Oklahoma, and Texas)— 

Ms. Bonnie Braganza, Air Permits 

Section, Multimedia Permitting and 

Planning Division, Environmental 

Protection Agency Region 6, Mail Code 

6MM, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202; telephone number 

(214) 665–7340; fax number (214) 665– 

6762; email address: braganza.bonnie@

epa.gov. 

• EPA Region 8 (Colorado, Montana, 

North Dakota, South Dakota, Utah, and 

Wyoming)—Ms. Claudia Smith, Air 

Program, Environmental Protection 

Agency Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202; telephone number (303) 312– 

6520; fax number (303) 312–6520; email 

address: smith.claudia@epa.gov. 

• EPA Region 9 (Arizona, California, 

Hawaii, Nevada, and Pacific Islands)— 

Ms. Lisa Beckham, Permits Office, Air 

Division, Environmental Protection 

Agency Region 9, AIR–3, 75 Hawthorn 

Street, San Francisco, California 94105; 

telephone number (415) 972–3811; fax 

number (415) 947–3579; email address: 

beckham.lisa@epa.gov. 

• All other EPA Regions—Contact the 

permit reviewer for minor sources in 

Indian country for your EPA Region. 

You can find the list of the EPA permit 

reviewers at: http://www.epa.gov/air/

tribal/tribalnsr.html. Scroll down to the 

heading, ‘‘Existing Source Registration,’’ 

and click on ‘‘Reviewing Authority’’ to 

access ‘‘Environmental Protection 

Agency’s Reviewing Authorities for 

Permits.’’ 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities potentially affected by this 

final rule include owners and operators 

of true minor emission sources in all 

industry groups planning to locate or 

already located in Indian country. 

Categories and entities potentially 

affected by this action are expected to 

include, but are not limited to, the 

following: 

TABLE 1—SOURCE CATEGORIES AFFECTED BY THIS ACTION

Industry category NAICS Code a Examples of regulated entities/description of industry category 

Oil and Gas Production/

Operations.

21111 Exploration for crude petroleum and natural gas; drilling, completing, and equipping wells; operation 

of separators, emulsion breakers, desilting equipment, and field gathering lines for crude petroleum and natural gas; and all other activities in the preparation of oil and gas up to the point of 

shipment from the producing property. 

Production of crude petroleum, the mining and extraction of oil from oil shale and oil sands, the production of natural gas, sulfur recovery from natural gas, and the recovery of hydrocarbon liquids 

from oil and gas field gases. 

Crude Petroleum and 

Natural Gas Extraction.

211111 Exploration, development and/or the production of petroleum or natural gas from wells in which the 

hydrocarbons will initially flow or can be produced using normal pumping techniques or production 

of crude petroleum from surface shales or tar sands or from reservoirs in which the hydrocarbons 

are semisolids. 

Natural Gas Liquid Extraction.211112 Recovery of liquid hydrocarbons from oil and gas field gases; and sulfur recovery from natural gas. 

Drilling Oil and Gas 

Wells.

213111 Drilling oil and gas wells for others on a contract or fee basis, including spudding in, drilling in, redrilling, and directional drilling. 

Support Activities for Oil 

and Gas Operations.

213112 Performing support activities on a contract or fee basis for oil and gas operations (except site preparation and related construction activities) such as exploration (except geophysical surveying and 

mapping); excavating slush pits and cellars, well surveying; running, cutting, and pulling casings, 

tubes, and rods; cementing wells, shooting wells; perforating well casings; acidizing and chemically treating wells; and cleaning out, bailing, and swabbing wells. 

Engines (Spark Ignition 

and Compression Ignition) for Electric Power 

Generation.

2211** Provision of electric power to support oil and natural gas production where access to the electric 

grid is unavailable. 

a North American Industry Classification System. 

This list is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

potentially affected by this action. To 

determine whether your facility could 

be affected by this action, you should 

examine the applicability criteria in the 

final Federal Minor NSR Program in 

Indian Country (40 Code of Federal 

Regulations (CFR) 49.153), as well as the 

proposed Federal Implementation Plan 

(FIP) applicability in 40 CFR 49.101.1 If 

you have any questions regarding the 

applicability of this action to a 

particular entity, contact the appropriate 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this final 

rule will also be available on the World 

Wide Web. Following signature by the 

EPA Administrator, a copy of this final 

rule will be posted in the regulations 

and standards section of our NSR home 

page located at http://www.epa.gov/nsr 

and on the tribal NSR page at http://

www.epa.gov/air/tribal/tribalnsr.html. 

II. Background 

In July 2011, the EPA finalized a rule 

that includes a minor NSR permitting 

program for sources in Indian country 

and a major source NSR permitting 

program for sources in nonattainment 

areas of Indian country. The minor 

source part of the permitting program is 

officially titled the ‘‘Federal Minor 

Source New Source Review Program in 

Indian Country,’’ but we generally refer 

to it as the ‘‘Federal Indian Country 

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Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 9111 

2The Federal Indian Country Minor NSR rule is 

a component of ‘‘Review of New Sources and 

Modifications in Indian Country, Final Rule’’ 76 FR 

38747 (July 1, 2011) that applies to new and 

modified minor sources and minor modifications at 

major sources. It is codified at 40 CFR 49.151– 

49.161. 

3 ‘‘Review of New Sources and Modifications in 

Indian Country Amendments to the Registration 

and Permitting Deadlines for True Minor Sources,’’ 

U.S. Environmental Protection Agency, 79 FR 

34231, June 16, 2014, https://www.gpo.gov/fdsys/

pkg/FR-2014-06-16/pdf/2014-14030.pdf. 

4 ‘‘Review of New Sources and Modifications in 

Indian Country: Federal Implementation Plan for 

Managing Air Emissions from True Minor Sources 

Engaged in Oil and Natural Gas Production in 

Indian Country,’’ 80 FR 56554, September 18, 2015, 

http://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/

2015-21025.pdf. 

5 ‘‘Review of New Sources and Modifications in 

Indian Country: Federal Implementation Plan for 

Managing Air Emissions from True Minor Sources 

Engaged in Oil and Natural Gas Production in 

Indian Country,’’ 80 FR 56554, September 18, 2015, 

http://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/

2015-21025.pdf. 

6Typically, sources in the oil and natural gas 

sources sector will be assigned to one of the 

following NAICS codes: 21111 Oil and gas 

production/operations; 211111 Crude petroleum 

and natural gas extraction; 211112 Natural gas 

liquid extraction; 213111 Drilling oil and gas wells; 

213112 Support activities for oil and gas operations; 

and 221210 Natural gas distribution. 

Minor NSR rule.’’ 2 We call a permit 

issued under this program a minor NSR 

permit. Under the rule issued in 2011, 

new and modified minor sources and 

major sources that make minor 

modifications, located in reservation 

areas of Indian country and other areas 

of Indian country for which tribal 

jurisdiction has been demonstrated, 

were required to obtain a permit prior 

to beginning construction (a preconstruction permit) beginning on 

September 2, 2014. On June 16, 2014, 

we extended the NSR minor source 

permitting deadline for true minor 

sources in the oil and natural gas sector 

from September 2, 2014, to March 2, 

2016.3

Pursuant to section 553(d)(3) of the 

Administrative Procedure Act, the EPA 

finds that there is good cause to make 

this final rule effective upon publication 

in the Federal Register. At present, 

beginning March 2, 2016, new and 

modified true minor oil and natural gas 

sources subject to the Federal Minor 

New Source Review Program in Indian 

Country must obtain a permit prior to 

commencing construction. On 

September 18, 2015, the EPA proposed 

a FIP that would, among other matters, 

serve to satisfy this requirement.4 The 

EPA believes that the extension of the 

March 2, 2016, deadline in today’s final 

rule is necessary to avoid imposing an 

unnecessary regulatory burden on these 

sources pending the EPA taking final 

action on the proposed FIP. In the 

absence of the extension, new and 

modified true minor sources in the oil 

and natural gas sector would need to 

obtain source-specific permits, thereby 

incurring a significant and potentially 

unnecessary burden. In order to avoid 

this circumstance, given the immediacy 

of the March 2, 2016 deadline, the EPA 

is making today’s final rule effective 

upon publication in the Federal 

Register. 

III. Purpose 

On September 18, 2015, the EPA 

published a notice of proposed 

rulemaking 5 that included several 

amendments to the Federal Indian 

Country Minor NSR rule. In this action, 

we are finalizing only three of those 

amendments. We are finalizing the 

amendment to extend the permitting 

compliance deadline for true minor 

sources in the oil and natural gas sector 

operating or proposing to operate in 

reservation areas of Indian country and 

other areas of Indian country for which 

tribal jurisdiction has been 

demonstrated. We are also conforming 

the registration provisions to this 

extension with two additional 

amendments. We will address the other 

proposed changes to the Federal Indian 

Country Minor NSR rule, as well as the 

proposed FIP, in a separate final 

rulemaking. Today’s changes are 

necessary to avoid the potentially 

unnecessary burden of sources in the oil 

and natural gas sector needing to obtain 

source-specific permits while we 

complete action on the proposed FIP. 

The changes will provide a level of 

certainty to the regulated industry, 

tribes and other parties pending 

completion of action on the proposed 

FIP. 

IV. What final action is the EPA taking 

on amendments to the Federal Indian 

Country Minor NSR rule? 

Today’s final rule promulgates three 

amendments to the Federal Indian 

Country Minor NSR rule. We proposed 

other regulatory changes in our 

September 18, 2015, proposal, but are 

taking final action on only these three 

amendments. 

First, we are revising the deadline 

under § 49.151(c)(1)(iii)(B) by which 

new and modified true minor sources in 

the oil and natural gas sector that are 

located in (or planning to locate in) 

reservation areas of Indian country or 

other areas of Indian country for which 

tribal jurisdiction has been 

demonstrated must obtain a minor NSR 

permit prior to beginning construction. 

We are extending the deadline from 

March 2, 2016, to October 3, 2016, for 

all true minor sources (both new and 

modified true minor sources and minor 

modifications at existing major sources) 

within the oil and natural gas sector 

located in Indian country.6

Second, we are revising 

§ 49.151(c)(1)(iii)(A) to conform the 

registration deadline to the extended 

permitting deadline in 

§ 49.151(c)(1)(iii)(B). 

Finally, we are revising 

§ 49.160(c)(1)(ii) to conform the 

registration deadline to the extended 

permitting deadline in 

§ 49.151(c)(1)(iii)(B). 

V. Summary of Significant Comments 

and Responses 

We received comments from three 

industry commenters on the permitting 

deadline extension (and associated 

registration requirements) in the 

September 18, 2015, proposed rule. The 

discussion below provides a summary 

of the comments, and our responses to 

those comments, that relate to the 

changes discussed in Section IV above 

and that we are addressing in today’s 

final rule. The remaining comments on 

the September 18, 2015, proposed rule 

will be addressed in a separate final 

rulemaking. 

Two commenters supported the 

extension, while the third commenter 

was concerned that the extension would 

not provide adequate time to obtain 

required permits for affected facilities 

needing site-specific permits. The 

commenter maintained that turnaround 

times for site-specific permits typically 

extend beyond one year, which is a 

timeframe that would make it 

impossible to meet the October 3, 2016, 

deadline. The commenter recommended 

that an extension of 18 months would 

be the minimum needed to provide a 

reasonable assurance that all permits 

will be issued before the deadline. 

The EPA is establishing October 3, 

2016, as the revised permitting and 

registration deadline, and we do not 

believe that an extension beyond that 

date is necessary. The commenter has 

not provided any compelling 

information to indicate that a further 

extension is needed. Sources have been 

able to submit an application for a 

source-specific permit since the 

effective date of the Federal Indian 

Country Minor NSR rule. Therefore, in 

determining the length of the extension, 

we have not regarded as paramount 

whether the extension provides 

sufficient time to obtain a site-specific 

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9112 Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 

7 ‘‘Managing Air Emissions from Oil and Natural 

Gas Production in Indian Country,’’ 79 FR 32502, 

June 5, 2014, https://www.gpo.gov/fdsys/pkg/FR2014-06-05/pdf/2014-12951.pdf. 

permit. If a site-specific application is 

still in process after October 3, 2016, 

nothing in the FIP that EPA proposed on 

September 18, 2015, would prevent 

such permit applications from 

proceeding past the extended date. 

The proposed FIP would apply to new 

true minor sources and minor 

modifications at existing true minor 

sources in the production segment of 

the oil and natural gas sector that are 

locating in or expanding on Indian 

reservations or in other areas of Indian 

country over which tribal jurisdiction 

has been demonstrated. The FIP, if 

finalized as proposed, would satisfy the 

minor source permitting requirement 

under the Federal Indian Country Minor 

NSR rule. The FIP proposes to require 

compliance with emission limitations 

and other requirements from certain 

federal emission standards as written at 

the time of construction or modification 

for a range of equipment and processes 

present at oil and natural gas production 

facilities. If the EPA finalizes the FIP 

before October 3, 2016, then we would 

have in place by October 3, 2016, a 

streamlined permitting option in the 

form of a FIP for new and modified oil 

and natural gas minor sources that want 

to construct or modify in Indian 

country. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0003. This action merely extends 

the deadline for when true minor 

sources in the oil and natural gas sector 

locating or located in areas covered by 

the Federal Minor New Source Review 

Program in Indian Country must obtain 

a site-specific minor source permit prior 

to commencing construction and 

register. It does not contain any new 

information collection activities. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, the impact of concern is 

any significant adverse economic 

impact on small entities. An agency may 

certify that a rule will not have a 

significant economic impact on a 

substantial number of small entities if 

the rule relieves regulatory burden, has 

no net burden or otherwise has a 

positive economic effect on the small 

entities subject to the rule. The EPA 

analyzed the impact of streamlined 

permitting on small entities in 

promulgating the Federal Minor Source 

New Source Review Program in Indian 

Country (76 FR 38748, July 1, 2011). 

The EPA determined that that action 

would not have a significant economic 

impact on a substantial number of small 

entities. This action merely implements 

a particular aspect of the Federal Minor 

Source New Source Review Program in 

Indian Country. We have, therefore, 

concluded that this action will have no 

net regulatory burden for all directly 

regulated small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate, as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

It simply provides an extension for 

sources to comply with the Federal 

Minor Source New Source Review 

Program in Indian Country. The Federal 

Minor Source New Source Review 

Program in Indian Country (and not this 

action) imposes the obligation that true 

minor sources in areas covered by the 

rule obtain a minor source NSR permit. 

This action merely extends the deadline 

for meeting that obligation. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It would not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action has tribal implications. 

However, it will neither impose 

substantial direct compliance costs on 

federally recognized tribal governments, 

nor preempt tribal law. The EPA 

conducted outreach on the September 

18, 2015, proposed rule via on-going 

monthly meetings with tribal 

environmental professionals. The EPA 

offered consultation on the Advance 

Notice of Proposed Rulemaking that 

preceded the proposal to elected tribal 

officials and the following tribes 

requested a consultation, which was 

held on July 18, 2014, with the tribes 

and/or their representatives: MHA 

(Mandan, Hidatsa and Arikara) Nations 

(Three Affiliated Tribes), Ute Tribe of 

the Uintah and Ouray Reservation, and 

Crow Nation.7

At the consultation, the tribes present 

expressed three main concerns 

regarding federal regulation of oil and 

natural gas activity in Indian country. 

First, the tribes noted that many areas of 

Indian country are facing difficult 

economic circumstances and are in need 

of economic development to improve 

the quality of life of tribal members; 

revenue from oil and natural gas activity 

in many areas provides that economic 

development. Second, they stated that 

oil and natural gas activity in Indian 

country is already regulated by other 

federal government agencies and that 

the EPA does not need to add to the 

burden. The tribes expressed a desire to 

manage their own resources without 

undue interference from the federal 

government. Third, the tribes expressed 

a need for additional resources so that 

they can implement their own 

environmental programs in their lands. 

We will continue to provide outreach 

to tribal environmental professionals 

and offer to consult with tribal 

leadership as we further finalize the 

September 18, 2015, proposed action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to Executive 

Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866, and because the 

EPA does not believe the environmental 

health or safety risks addressed by this 

action present a disproportionate risk to 

children. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

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Federal Register / Vol. 81, No. 36 / Wednesday, February 24, 2016 / Rules and Regulations 9113 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. This action implements 

certain aspects of the Federal Minor 

Source New Source Review Program in 

Indian Country. 

Our primary goal in developing this 

program is to ensure that air resources 

in areas covered by the Federal Minor 

Source New Source Review Program in 

Indian Country will be protected in the 

manner intended by the Clean Air Act 

(CAA). This action will help facilitate 

implementation of the Federal Minor 

Source New Source Review Program in 

Indian Country and provide the EPA 

sufficient time to take final action on a 

proposed FIP with a comprehensive set 

of control requirements for new and 

modified true minor sources in the 

production segment of the oil and 

natural gas sector. Through the 

proposed FIP, we seek to establish a 

mechanism that provides an effective 

and efficient method for implementing 

a preconstruction permitting program 

for true minor sources in areas covered 

by the Federal Minor Source New 

Source Review Program in Indian 

Country, helping promote economic 

development by minimizing delays in 

new construction, and providing a 

process comparable to those programs 

operated outside of Indian county. 

K. Congressional Review Act (CRA) 

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 rule 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). This rule will be effective upon 

date of publication, i.e., on February 24, 

2016. 

L. Judicial Review 

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 District of 

Columbia Circuit by April 25, 2016. Any 

such judicial review is limited to only 

those objections that are raised with 

reasonable specificity in timely 

comments. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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. Under section 307(b)(2) of the 

CAA, the requirements of this final 

action may not be challenged later in 

civil or criminal proceedings brought by 

us to enforce these requirements. 

List of Subjects in 40 CFR Part 49 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Indians, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: February 12, 2016. 

Gina McCarthy, 

Administrator. 

For the reasons set forth in the 

preamble, EPA is amending 40 CFR part 

49 as follows: 

PART 49—INDIAN COUNTRY: AIR 

QUALITY PLANNING AND 

MANAGEMENT 

■ 1. The authority citation for part 49 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 2. Section 49.151 is amended by 

revising paragraphs (c)(1)(iii)(A) and (B) 

to read as follows: 

§ 49.151 Program overview. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) * * * 

(A) If you own or operate an existing 

true minor source in Indian country (as 

defined in § 49.152(d)), you must 

register your source with the reviewing 

authority in your area by March 1, 2013. 

If your true minor source is not an oil 

and natural gas source, and you 

commence construction after August 30, 

2011, and before September 2, 2014, you 

must also register your source with the 

reviewing authority in your area within 

90 days after the source begins 

operation. If your true minor source is 

an oil and natural gas source, and you 

commence construction after August 30, 

2011, and before October 3, 2016, you 

must register your source with the 

reviewing authority in your area within 

90 days after the source begins 

operation. You are exempt from these 

registration requirements if your true 

minor source is subject to § 49.138. 

(B) If your true minor source is not an 

oil and natural gas source and you wish 

to begin construction of a new true 

minor source or a modification at an 

existing true minor source on or after 

September 2, 2014, you must first obtain 

a permit pursuant to §§ 49.154 and 

49.155 (or a general permit/permit by 

rule pursuant to § 49.156, if applicable). 

If your true minor source is an oil and 

natural gas source and you wish to 

begin construction of a new true minor 

source or a modification at an existing 

true minor source on or after October 3, 

2016, you must first obtain a permit 

pursuant to §§ 49.154 and 49.155 (or a 

general permit/permit by rule pursuant 

to § 49.156, if applicable). The proposed 

new source or modification will also be 

subject to the registration requirements 

of § 49.160, except for sources that are 

subject to § 49.138. 

* * * * * 

■ 3. Section 49.160 is amended by 

revising paragraph (c)(1)(ii) to read as 

follows: 

§ 49.160 Registration program for minor 

sources in Indian country. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) If your true minor source is not an 

oil and natural gas source and you 

commence construction after August 30, 

2011, and before September 2, 2014, you 

must register your source with the 

reviewing authority within 90 days after 

the source begins operation. If your true 

minor source is an oil and natural gas 

source, and you commence construction 

after August 30, 2011, and before 

October 3, 2016, you must register your 

source with the reviewing authority 

within 90 days after the source begins 

operation. 

* * * * * 

[FR Doc. 2016–03623 Filed 2–23–16; 8:45 am] 

BILLING CODE 6560–50–P 

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