51730 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations 

PART 732—[AMENDED] 

■ 4. The authority citation for part 732 

is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 7, 2015, 80 FR 48233 (August 11, 

2015). 

■ 5. Section 732.5 is amended by 

revising the next to last sentence of 

paragraph (b) to read as follows: 

§ 732.5 Steps regarding Electronic Export 

Information (EEI) requirements, Destination 

Control Statements, and recordkeeping. 

* * * * * 

(b) * * * DCS requirements do not 

apply to reexports * * * 

* * * * * 

§ 732.6 [Amended] 

■ 6. Section 732.6 is amended by 

removing and reserving paragraph (d). 

PART 738—[AMENDED] 

■ 7. The authority citation for 15 CFR 

part 738 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 7, 2015, 80 

FR 48233 (August 11, 2015). 

§ 738.4 [Amended] 

■ 8. Section 738.4 is amended by 

removing the phrase ‘‘or Special 

Comprehensive License’’ at the end of 

the sixth sentence in paragraph (b)(3). 

PART 743—[AMENDED] 

■ 9. The authority citation for part 743 

is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; E.O. 13637 of 

March 8, 2013, 78 FR 16129 (March 13, 

2013); 78 FR 16129; Notice of August 7, 2015, 

80 FR 48233 (August 11, 2015). 

§ 743.1 [Amended] 

■ 10. Section 743.1 is amended by 

removing and reserving paragraph 

(b)(2). 

§ 743.4 [Amended] 

■ 11. Section 743.4 is amended by 

removing and reserving paragraph 

(b)(2). 

PART 748—[AMENDED] 

■ 12. The authority citation for part 748 

is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 7, 2015, 80 FR 48233 (August 11, 

2015). 

§ 748.1 [Amended] 

■ 13. Section 748.1 is amended by 

removing the phrase ‘‘Special 

Comprehensive License or’’ from the 

first parenthetical in the first sentence 

in paragraph (d), introductory text. 

§ 748.4 [Amended] 

■ 14. Section 748.4 is amended by 

removing the next to last sentence in 

paragraph (h). 

§ 748.7 [Amended] 

■ 15. Section 748.7 is amended by 

removing the phrase ‘‘Special 

Comprehensive Licenses and’’ from the 

parenthetical in the second sentence in 

paragraph (a) and from the parenthetical 

in the first sentence in paragraph (d). 

§ 748.9 [Amended] 

■ 16. Section 748.9 is amended by 

removing and reserving paragraph 

(c)(1)(vi). 

Supplement No. 1 to Part 748 

[Amended] 

■ 17. Supplement No. 1 to Part 748 is 

amended by: 

■ a. Removing the next to last sentence 

and the caption, ‘‘Special 

Comprehensive License’’ that precedes 

it in paragraph ‘‘Block 5:’’ and 

■ b. Removing and reserving paragraph 

‘‘Block 8’’. 

PART 752—[REMOVED AND 

RESERVED] 

■ 18. Remove and reserve part 752. 

PART 762—[AMENDED] 

■ 19. The authority citation for part 762 

is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

7, 2015, 80 FR 48233 (August 11, 2015). 

§ 762.2 [Amended] 

■ 20. Section 762.2 is amended by 

removing and reserving paragraphs 

(b)(31) through (38). 

PART 772—[AMENDED] 

■ 21. The authority citation for part 772 

is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

7, 2015, 80 FR 48233 (August 11, 2015). 

§ 772.1 [Amended] 

■ 22. Section 772.1 is amended by 

removing the definition ‘‘Controlled in 

fact.’’ 

PART 774—[AMENDED] 

■ 23. The authority citation for part 774 

is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 7, 2015, 80 

FR 48233 (August 11, 2015). 

Supplement No. 1 to Part 774 

[Amended] 

■ 24. Supplement No. 1 to part 774 (the 

Commerce Control List) is amended by 

removing the phrase ‘‘Special 

Comprehensive Licenses,’’ wherever it 

is found. 

Dated: August 17, 2015. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2015–20980 Filed 8–25–15; 8:45 am] 

BILLING CODE 3510–33–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0805; EPA–R05– 

OAR–2011–0969; FRL–9932–97–Region 5] 

Illinois; Disapproval of State Board 

Infrastructure SIP Requirements for 

the 2006 PM2.5 and 2008 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is disapproving an 

element of State Implementation Plan 

(SIP) submissions from Illinois 

regarding the infrastructure 

requirements of section 110 of the Clean 

Air Act (CAA) for the 2006 fine 

particulate matter (PM2.5) and 2008 

ozone National Ambient Air Quality 

Standards (NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the requirements of 


rmajette on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations 51731 

the CAA. This action pertains 

specifically to infrastructure 

requirements concerning state board 

requirements. 

DATES: This final rule is effective on 

September 25, 2015. 

ADDRESSES: EPA has established dockets 

for this action under Docket ID No. 

EPA–R05–OAR–2009–0805 (2006 PM2.5

infrastructure elements) and EPA–R05– 

OAR–2011–0969 (2008 ozone 

infrastructure elements). All documents 

in the docket are listed on the 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information (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 either 

electronically through 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Sarah 

Arra, Environmental Scientist, at (312) 

886–9401 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Arra, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

U.S. Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–9401, 

arra.sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What is the background of these SIP 

submissions? 

II. What is our response to comments 

received on the proposed rulemaking? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background of these SIP 

submissions? 

This rulemaking addresses August 9, 

2011, and December 31, 2012, 

submissions from the Illinois 

Environmental Protection Agency 

(Illinois EPA) intended to address all 

applicable infrastructure requirements 

for the 2006 PM2.5 and 2008 ozone 

NAAQS. 

The requirement for states to make a 

SIP submission of this type arises out of 

CAA section 110(a)(1). Pursuant to 

section 110(a)(1), states must make SIP 

submissions ‘‘within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof),’’ and 

these SIP submissions are to provide for 

the ‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. 

This specific rulemaking only takes 

action on the CAA section 

110(a)(2)(E)(ii) requirement of these 

submittals. The majority of the other 

infrastructure elements were approved 

October 29, 2012 (77 FR 65478) and 

October 16, 2014 (79 FR 62042). 

II. What is our response to comments 

received on the proposed rulemaking? 

The proposed rulemaking associated 

with this final action was published on 

June 12, 2015 (80 FR 33458), and EPA 

received no comments during the 

comment period, which ended on July 

13, 2015. 

III. What action is EPA taking? 

EPA is disapproving as proposed a 

portion of submissions from Illinois 

certifying that its current SIP is 

sufficient to meet the required 

infrastructure element under CAA 

section 110(a)(2)(E)(ii) for the 2006 

PM2.5 and 2008 ozone NAAQS. This 

final disapproval triggers the 

requirement under section 110(c) that 

EPA promulgate a Federal 

Implementation Plan (FIP) no later than 

two years from the effective date of the 

disapproval unless the State corrects the 

deficiency, and the Administrator 

approves the plan or plan revision 

before the Administrator promulgates 

such FIP. 

IV. Statutory and Executive Order 

Reviews 

Executive Order 12866: Regulatory 

Planning and Review 

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. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Regulatory Flexibility Act 

This action merely disapproves state 

law as not meeting Federal requirements 

and imposes no additional requirements 

beyond those imposed by state law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this rule disapproves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

disapproves a state rule, and does not 

alter the relationship or the distribution 

of power and responsibilities 

established in the CAA. 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

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). 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it disapproves 

a state rule. 


rmajette on DSK7SPTVN1PROD with RULES
51732 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ 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). 

National Technology Transfer 

Advancement Act 

In reviewing state submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the CAA. In this context, in the absence 

of a prior existing requirement for the 

state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a state submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a state 

submission, to use VCS in place of a 

state submission that otherwise satisfies 

the provisions of the CAA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA lacks the discretionary authority 

to address environmental justice in this 

action. In reviewing SIP submissions, 

EPA’s role is to approve or disapprove 

state choices, based on the criteria of the 

CAA. Accordingly, this action merely 

disapproves certain state requirements 

for inclusion into the SIP under section 

110 and subchapter I, part D of the CAA 

and will not in-and-of itself create any 

new requirements. Accordingly, it 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. 

Congressional Review Act 

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 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). 

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 October 26, 2015. 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. 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, 

Ozone, Particulate matter. 

Dated: August 14, 2015. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.745 is amended by 

revising paragraphs (c) and (e) to read as 

follows: 

§ 52.745 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(c) Approval and Disapproval—In an 

August 9, 2011, submittal, and 

supplemented on August 25, 2011, and 

June 27, 2012, Illinois certified that the 

State has satisfied the infrastructure SIP 

requirements of section 110(a)(2)(A) 

through (H), and (J) through (M) for the 

2006 24-hour PM2.5 NAAQS. EPA is 

approving Illinois’ submission 

addressing the infrastructure SIP 

requirements of section 110(a)(2)(A), 

(B), (C) with respect to enforcement, 

(D)(i)(II) with respect to visibility 

protection, (D)(ii), (E) except for state 

board requirements, (F) through (H), (J) 

except for prevention of significant 

deterioration (PSD), and (K) through 

(M). EPA is not taking action on (D)(i)(I). 

EPA is disapproving the state board 

requirements of (E)(ii). EPA is 

disapproving Illinois’ submission 

addressing PSD in (C), (D)(i)(II), and the 

PSD portion of (J). Although EPA is 

disapproving portions of Illinois’ 

submission addressing PSD, Illinois 

continues to implement the Federally 

promulgated rules for this purpose as 

they pertain to (C), (D)(i)(II), and the 

PSD portion of (J). 

* * * * * 

(e) Approval and Disapproval—In a 

December 31, 2012, submittal, Illinois 

certified that the State has satisfied the 

infrastructure SIP requirements of 

section 110(a)(2)(A) through (H), and (J) 

through (M) for the 2008 ozone NAAQS 

except for 110(a)(2)(D)(i)(I). EPA is 

approving Illinois’ submission 

addressing the infrastructure SIP 

requirements of section 110(a)(2)(A), 

(B), (C) with respect to enforcement, 

(D)(i)(II) with respect to visibility 

protection, (D)(ii), (E) except for state 

board requirements, (F) through (H), (J) 

except for prevention of significant 

deterioration (PSD), and (K) through 

(M). EPA is disapproving the state board 

requirements of (E)(ii). EPA is 

disapproving Illinois’ submission 

addressing PSD in (C), (D)(i)(II), and the 

PSD portion of (J). Although EPA is 

disapproving portions of Illinois’ 

submission addressing PSD, Illinois 

continues to implement the Federally 

promulgated rules for this purpose as 

they pertain to (C), (D)(i)(II), and the 

PSD portion of (J). 

* * * * * 

[FR Doc. 2015–21010 Filed 8–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0470; FRL–9929–61] 

Difenoconazole; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 


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