78722 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 

1EPA’s May 31, 2016 concurrence letter to TCEQ 

provided an incorrect SIP citation for EPA approval 

of the US67/IH–35E HOV Lane TCM. September 27, 

2005 (70 FR 56374) is the correct SIP citation. 

notice requirement set forth in 

paragraph (b)(3)(i)(A) of this section. 

(ii) Nothing in this paragraph (b) shall 

require a covered financial institution to 

report any information not otherwise 

required to be reported by law or 

regulation. 

Dated: November 4, 2016. 

Jamal El-Hindi, 

Acting Director, Financial Crimes 

Enforcement Network. 

[FR Doc. 2016–27049 Filed 11–8–16; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2016–0954] 

Eighth Coast Guard District Annual 

Safety Zones; Duquesne Light/Santa 

Spectacular; Monongahela River Mile 

0.00–0.22, Allegheny River Mile 0.00– 

0.25, Ohio River Mile 0.0–0.3; 

Pittsburgh, Pennsylvania 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone for the Duquesne Light/ 

Santa Spectacular on the Monongahela 

River mile 0.00–0.22, Allegheny River 

mile 0.00–0.25, and Ohio River mile 

0.0–0.3 extending the entire width of 

the three rivers. This zone is needed to 

protect vessels transiting the area and 

event spectators from the hazards 

associated with the barge based firework 

event. During the enforcement period, 

entry into, transiting, or anchoring in 

the safety zone is prohibited to all 

vessels not registered with the sponsor 

as participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port (COTP) Pittsburgh or 

a designated representative. 

DATES: The regulations in 33 CFR 

165.801 Table 1, Sector Ohio Valley, No. 

66 will be enforced from 8 p.m. until 

9:15 p.m. on November 18, 2016. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST1 

Jennifer Haggins, Marine Safety Unit 

Pittsburgh, U.S. Coast Guard; telephone 

412–221–0807, email 

Jennifer.L.Haggins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone for 

the annual Pittsburgh Santa Spectacular 

listed in 33 CFR 165.801 Table 1, Sector 

Ohio Valley, No. 66 from 8 p.m. to 9:15 

p.m. on November 18, 2016. This action 

is being taken to provide for the safety 

of life on navigable waterways during 

the marine event. Entry into the safety 

zone is prohibited unless authorized by 

the COTP or a designated 

representative. Persons or vessels 

desiring entrance into or passage 

through the safety zone must request 

permission from the COTP or a 

designated representative. If permission 

is granted, all persons and vessels shall 

comply with the instructions of the 

COTP or designated representative. 

Vessels may safely transit outside the 

regulated area but may not anchor, 

block, loiter in, or impede the regulated 

area. 

This notice of enforcement is issued 

under authority of 33 CFR 165.801 and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

this enforcement period via Local 

Notice to Mariners and updates via 

Marine Information Broadcasts. 

L. Mcclain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Pittsburgh. 

[FR Doc. 2016–27003 Filed 11–8–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2016–0329; FRL–9954–36– 

Region 6] 

Approval and Promulgation of 

Implementation Plans: Texas; 

Approval of Substitution for 

Transportation Control Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an 

administrative change to update the 

Code of Federal Regulations (CFR) to 

reflect a change made to the Texas State 

Implementation Plan (SIP) on May 31, 

2016, as a result of EPA’s concurrence 

on a substitute transportation control 

measure (TCM) for the Dallas/Ft. Worth 

(DFW) portion of the Texas SIP. On 

August 16, 2016, the State of Texas, 

through the Texas Commission on 

Environmental Quality (TCEQ), 

submitted a revision to the Texas SIP 

requesting that EPA update its SIP to 

reflect a substitution of a TCM. The 

substitution was made pursuant to the 

TCM substitution provisions contained 

in the Clean Air Act (CAA). EPA 

concurred on this substitution on May 

31, 2016. In this administrative action, 

EPA is updating the non-regulatory 

provisions of the Texas SIP to reflect the 

substitution. In summary, the 

substitution was a replacement of a 

High-Occupancy Vehicle (HOV) Lane 

TCM within the DFW 8-hour ozone 

nonattainment area with traffic 

signalization projects. EPA has 

determined that this action falls under 

the ‘‘good cause’’ exemption in the 

Administrative Procedures Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes an agency to make an action 

effective immediately, thereby avoiding 

the 30-day delayed effective date 

otherwise provided for in the APA. 

DATES: This action is effective 

November 9, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2016–0329. 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 either 

electronically through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, 214–665–8542, 

riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: On May 

31, 2016, EPA issued a concurrence 

letter to TCEQ stating that the 

substitution of the DFW area US67/IH– 

35E HOV Lane TCM with traffic 

signalization project TCMs met the CAA 

section 176(c)(8) requirements for 

substituting TCMs in an area’s approved 

SIP. See also EPA’s Guidance for 

Implementing the CAA section 176(c)(8) 

Transportation Control Measure 

Substitution and Addition Provision 

contained in the Safe, Accountable, 

Flexible, Efficient Transportation Equity 

Act: A Legacy for Users which was 

signed into law on August 10, 2005, 

dated January 2009. The DFW area 

US67/IH–35E HOV Lane TCM was 

originally approved into the SIP on 

September 27, 2005 (70 FR 56374).1 The 


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Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 78723 

TCM was also included for applicable 

NOX and VOC benefits in the May 2007 

DFW 1997 8-hour Ozone Attainment 

Demonstration SIP Revision, which was 

conditionally approved by EPA on 

January 14, 2009 (74 FR 1903). 

As a part of the concurrence process, 

the public was provided an opportunity 

to comment on the proposed TCM 

substitution. Public notice and comment 

was provided by the DFW metropolitan 

planning organization, the North Central 

Texas Council of Governments 

(NCTCOG), during a Regional 

Transportation Council meeting held on 

May 12, 2016. Public notice for this 

meeting was published in 20 DFW area 

newspapers and circulars. 

Through this concurrence process, 

EPA determined that the requirements 

of CAA section 176(c)(8) were met, 

including the requirement that the 

substitute measures achieve equivalent 

or greater emission reductions than the 

control measure to be replaced. Upon 

EPA’s concurrence, the HOV Lane 

substitution took effect as a matter of 

federal law. A copy of EPA’s 

concurrence letter is included in the 

Docket for this action. This letter can be 

accessed at www.regulations.gov using 

Docket ID No. EPA–R06–OAR–2014– 

0871. In accordance with the 

requirements for TCM substitution, on 

August 16, 2016, TCEQ submitted a 

request for EPA to update the DFW 

portion of the Texas SIP to reflect EPA’s 

previous approval of the TCM 

substitution of the HOV Lane with the 

traffic signalization project TCMs in its 

SIP (the subject of this administrative 

change). Today, EPA is taking 

administrative action to update the nonregulatory provisions of the Texas SIP in 

40 CFR 52.2270(e) to reflect EPA’s 

concurrence on the substitution of a 

TCM for the conversion of the US67/IH– 

35E HOV Lane to traffic signalization 

projects: 

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

DFW nine-county area US67/IH–35E HOV Lane TCM to traffic signalization TCMs. 

Affected counties are Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, 

Kaufman, Rockwall.

Dallas-Fort Worth ...................................... 8/16/2016 

Under section 553 of the APA, an 

agency may find good cause where 

procedures are ‘‘impractical, 

unnecessary, or contrary to the public 

interest.’’ The substitution was made 

through the process included in CAA 

section 176(c)(8). Effective immediately, 

today’s action codifies provisions which 

are already in effect. The public had an 

opportunity to comment on this 

substitution during the public comment 

period prior to approval of the 

substitution. Immediate notice of this 

action in the Federal Register benefits 

the public by providing the updated 

Texas SIP Compilation and 

‘‘Identification of Plan’’ portion of the 

Federal Register. 

Statutory and Executive Order Reviews 

A. General Requirements 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this 

administrative action is not a 

‘‘significant regulatory action’’ and is 

therefore not subject to review by the 

Office of Management and Budget. This 

action is not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

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

22, 2001) because it is not a significant 

regulatory action under Executive Order 

12866. Because the Agency has made a 

‘‘good cause’’ finding that this action is 

not subject to notice-and-comment 

requirements under the APA or any 

other statute as indicated in the 

Supplementary Information section 

above, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), or 

to sections 202 and 205 of the Unfunded 

Mandates Reform Act (UMRA) of 1995 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. 

This administrative action also 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, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it 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 administrative action also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This 

administrative action does not involve 

technical standards; 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. The 

administrative action also does not 

involve special consideration of 

environmental justice related issues as 

required by Executive Order 12898 (59 

FR 7629, February 16, 1994). This 

administrative action does not impose 

an information collection burden under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act (CRA) 

(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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. Today’s administrative action 

simply codifies a provision which is 

already in effect as a matter of law in 

Federal and approved state programs. 5 

U.S.C. 808(2). These announced actions 

were effective upon EPA’s concurrence. 

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 this action in the Federal 

Register. This update to Texas’ SIP 

Compilation is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 


jstallworth on DSK7TPTVN1PROD with RULES
78724 Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Rules and Regulations 

1 68 FR 38116. 

reference, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: October 27, 2016. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS] 

■ 1. The authority for citation for part 52 

continues to read as follows: 

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

Subpart SS—Texas 

■ 2. In § 52.2270(e), the table titled 

‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding an entry at the end of the 

table to read as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/ 

effective 

date 

EPA approval date Comments 

*******

DFW nine-county area US67/IH– 

35E HOV Lane TCM to traffic 

signalization TCMs.

Dallas-Fort Worth: Dallas, 

Tarrant, Collin, Denton, Parker, 

Johnson, Ellis, Kaufman and 

Rockwall Counties.

8/16/2016 11/9/2016 [Insert Federal 

Register citation].

* * * * * 

[FR Doc. 2016–27057 Filed 11–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2016–0058] 

RIN 2127–AL24 

Federal Motor Vehicle Safety 

Standards; Tire Selection and Rims 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: This document amends 

Federal Motor Vehicle Safety Standard 

(FMVSS) No. 110 to make it clear that 

special trailer (ST) tires are permitted to 

be installed on new trailers with a gross 

vehicle weight rating (GVWR) of 4,536 

kg (10,000 lbs.) or less. It also excludes 

these trailers from a requirement that a 

tire must be retained on its rim when 

subjected to a sudden loss of tire 

pressure and brought to a controlled 

stop from 97 km/h (60 mph). The 

agency proposed these changes and, 

after a review of the comments received, 

has determined that these two revisions 

are appropriate and will not result in 

any degradation of motor vehicle safety. 

DATES: This final rule is effective on 

November 9, 2016. 

Petitions for reconsideration: Petitions 

for reconsideration of this final rule 

must be received by December 27, 2016. 

ADDRESSES: Petitions for reconsideration 

of this final rule must refer to the docket 

number set forth above and be 

submitted to the Administrator, 

National Highway Traffic Safety 

Administration, 1200 New Jersey Ave. 

SE., Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: For 

technical issues, you may contact 

Patrick Hallan, Office of Crash 

Avoidance Standards, by telephone at 

(202) 366–9146, and by fax at (202) 493– 

2990. For legal issues, you may contact 

David Jasinski, Office of the Chief 

Counsel, by telephone at (202) 366– 

2992, and by fax at (202) 366–3820. You 

may send mail to both of these officials 

at the National Highway Traffic Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

SUPPLEMENTARY INFORMATION: 

I. Summary of the March 2013 Notice 

of Proposed Rulemaking 

On June 26, 2003, the agency 

published a final rule amending several 

Federal Motor Vehicle Safety Standards 

(FMVSSs) related to tires and rims.1

That rulemaking was completed as part 

of a comprehensive upgrade of existing 

safety standards and the establishment 

of new safety standards to improve tire 

safety, as required by the Transportation 

Recall Enhancement, Accountability, 

and Documentation Act of 2000 (TREAD 

Act). That final rule included extensive 

revisions to the tire standards and to the 

rim and labeling requirements for motor 

vehicles. 

That final rule expanded the 

applicability of FMVSS No. 110 to 

include all motor vehicles with a gross 

vehicle weight rating (GVWR) of 4,536 

kg (10,000 pounds) or less, except for 

motorcycles. Prior to the enactment of 

the TREAD Act, FMVSS No. 110 only 

applied to passenger cars and to nonpneumatic spare tire assemblies for use 

on passenger cars. In an effort to 

coordinate the upgraded vehicle 

standard, intended to apply to all 

vehicles with a GVWR of 4,536 kg 

(10,000 pounds) or less, with the 

standards used on tires for vehicles with 

a GVWR of 4,536 kg (10,000 pounds) or 

less, the language in FMVSS No. 110 

was amended to require the use of tires 

meeting the new FMVSS No. 139, New 

pneumatic radial tires for light vehicles. 

The only exceptions provided in 

FMVSS No. 110 were for the use of 

spare tire assemblies with pneumatic 

spare tires meeting the requirements of 

FMVSS No. 109 or non-pneumatic spare 

tire assemblies meeting the 

requirements of FMVSS No. 129. 

With the expansion of FMVSS No. 

110 to include all motor vehicles with 

a GVWR of 4,536 kg (10,000 pounds) or 

less, the performance tests and criteria 

within the standard became applicable 

to all light vehicles, including light 

trucks, multipurpose passenger 

vehicles, buses, and trailers that had 

previously been subject to the 

requirements of FMVSS No. 120. 

However, FMVSS No. 110 specified a 

minimum performance requirement for 

rim retention among its many 


jstallworth on DSK7TPTVN1PROD with RULES