Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations 12825 

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: March 8, 2016. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2016–05540 Filed 3–10–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 49 

[EPA–R10–OAR–2015–0847; FRL–9943–54– 

Region 10] 

Announcement of the Delegation of 

Partial Administrative Authority for 

Implementation of Federal 

Implementation Plan for the 

Confederated Tribes of the Colville 

Reservation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Delegation of authority; 

technical amendment. 

SUMMARY: This action announces that on 

October 26, 2015, EPA Region 10 and 

the Confederated Tribes of the Colville 

Reservation, entered into a Partial 

Delegation of Administrative Authority 

agreement to carry out certain day-today activities associated with 

implementation of the Federal 

Implementation Plan for the Colville 

Reservation (Colville FIP). A note of this 

partial delegation is being added to the 

Colville FIP in the Code of Federal 

Regulations. 

DATES: This rule is effective March 11, 

2016. 

The partial delegation of 

administrative authority was effective 

October 26, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0847. The 

delegation agreement and other docket 

materials are available electronically at 

the EPA’s electronic public docket and 

comment system, found at http://

www.regulations.gov or in hard copy 

from Andra Bosneag, Office of Air, 

Waste and Toxics, AWT–150, EPA 

Region 10, Suite 900, 1200 Sixth 

Avenue, Seattle, WA 98101, or via email 

at bosneag.andra@epa.gov. Additional 

information may also be obtained from 

the Colville Tribe by contacting Kris 

Ray, Confederated Tribes of the Colville 

Reservation, P.O. Box 150, Nespelem, 

WA 99155 or via email at Kris.Ray@

colvilletribes.com. 

All documents in the electronic 

docket are listed in the http://

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information the disclosure of which is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy 

during normal business hours at the 

Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. 

FOR FURTHER INFORMATION CONTACT: 

Andra Bosneag at (206) 553–1226, 

bosneag.andra@epa.gov, or the EPA 

Region 10 address. 

SUPPLEMENTARY INFORMATION: The 

purpose of this action is to announce 

that on October 26, 2015, EPA Region 

10, delegated partial administrative 

authority for implementation of certain 

provisions of the Colville FIP to the 

Confederated Tribes of the Colville 

Reservation. See 40 CFR part 49, subpart 

M, sections 9951 through 9960, as 

authorized by 40 CFR 49.122 of the 

Federal Air Rules for Reservations 

(FARR), 40 CFR part 49, subpart C. 

I. Authority To Delegate 

Federal regulations at 40 CFR 49.122 

provide the EPA authority to delegate to 

Indian Tribes partial administrative 

authority to implement provisions of the 

FARR, 40 CFR part 49, subpart C. Tribes 

must submit a request to the Regional 

Administrator that meets the 

requirements of 40 CFR 49.122. 

II. Request for Delegation 

On May 21, 2014, Chaitna Sinha of 

the Office of the Reservation Attorney of 

the Confederated Tribes of the Colville 

Reservation submitted to the Regional 

Administrator a request for delegation of 

certain provision of the Colville FIP. 

That request included all the 

information and demonstrations 

required by the FARR for delegation. A 

copy of all documentation is on file at 

the EPA Region 10, Seattle, Washington 

office (see addresses above). 

The Confederated Tribes of the 

Colville Reservation requested 

delegation for the following provisions: 

40 CFR 49.9960(b) Rule for limiting 

visible emissions, 40 CFR 49.9960(i) 

General rule for open burning, and 40 

CFR 49.9960(k) Rule for air pollution 

episodes. 

III. EPA Response to the Request for 

Delegation 

The EPA and the Confederated Tribes 

of the Colville Reservation signed a 

delegation agreement that specifies the 

provisions and authorities delegated. 

The Confederated Tribes of the Colville 

Reservation are delegated the following 

provisions; 40 CFR 49.9960(b) Rule for 

limiting visible emissions, 40 CFR 

49.9960(i) General rule for open 

burning, and 40 CFR 49.9960(k) Rule for 

air pollution episodes. In addition, the 

agreement delegates to the Tribe 

authority to investigate complaints and 

assist the EPA in inspections. The 

agreement also includes terms and 

conditions applicable to the delegation. 

A copy of the agreement is kept at EPA 

Region 10 at the address above. 

Prior to entering into the Delegation 

Agreement, the EPA solicited by letter, 

advice and insight on the proposed 

delegation from Okanogan County, 

Ferry County, City of Okanogan, Town 

of Nespelem, Town of Coulee Dam, 

Electric City, City of Omak, Lake 

Roosevelt National Recreation Area, 

Bureau of Land Management, and the 

United States Forest Service. One 

comment supporting delegation was 

received. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. The 

EPA has determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because the EPA is merely 

informing the public of partial 

delegation of administrative authority to 

the Confederated Tribes of the Colville 

Reservation and making a technical 

amendment to the Code of Federal 

Regulations (CFR) by adding a note 

announcing the partial delegation. Thus, 

notice and public procedure are 

unnecessary. The EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(B). 

Moreover, since today’s action does 

not create any new regulatory 

requirements, the EPA finds that good 

cause exists to provide for an immediate 

effective date pursuant to 5 U.S.C. 

553(d)(3). 

IV. Statutory and Executive Order 

Reviews 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this action 


asabaliauskas on DSK3SPTVN1PROD with RULES
12826 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations 

is not a ‘‘significant regulatory action’’ 

and therefore is not subject to review by 

the Office of Management and Budget. 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely makes a 

technical amendment and gives notice 

of a partial delegation of administrative 

authority. 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.). This rule 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 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires the 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes.’’ Under 

section 5(b) of Executive Order 13175, 

the EPA may not issue a regulation that 

has tribal implications, that imposes 

substantial direct compliance costs, and 

that is not required by statute, unless 

the Federal government provides the 

funds necessary to pay the direct 

compliance costs incurred by tribal 

governments, or the EPA consults with 

tribal officials early in the process of 

developing the proposed regulation. 

Under section 5(c) of Executive Order 

13175, the EPA may not issue a 

regulation that has tribal implications 

and that preempts tribal law, unless the 

Agency consults with tribal officials 

early in the process of developing the 

regulation. The EPA has concluded that 

this rule may have tribal implications. 

The EPA’s action fulfills a requirement 

to publish a notice announcing partial 

delegation of administrative authority to 

the Confederated Tribes of the Colville 

Reservation and noting the partial 

delegation in the CFR. However, it will 

neither impose substantial direct 

compliance costs on tribal governments, 

nor preempt tribal law. Thus, the 

requirements of sections 5(b) and 5(c) of 

the Executive Order do not apply to this 

rule. 

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 technical 

amendment merely notes that partial 

delegation of administrative authority to 

the Confederated Tribes of the Colville 

Reservation is in effect. 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 is not economically 

significant. 

This 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. 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.). 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 10, 2016. 

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 49 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Indians, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: February 29, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended 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. 

Subpart M—Implementation Plans for 

Tribes—Region X 

■ 2. Section 49.9960 is amended by 

adding a note to the end of the section 

to read as follows: 

§ 49.9960 Federally-promulgated 

regulations and Federal implementation 

plans. 

* * * * * 

Note to § 49.9960: The EPA entered into a 

Partial Delegation of Administrative 

Authority with the Confederated Tribes of 

the Colville Reservation on October 26, 2015 

for the rules listed in paragraphs (b), (i), and 

(k) of this section. 

[FR Doc. 2016–05556 Filed 3–10–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XE406 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

2016 Commercial Run-Around Gillnet 

Closure 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) through 

this temporary rule for commercial 

harvest of king mackerel in the Florida 


asabaliauskas on DSK3SPTVN1PROD with RULES