### 41284 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules

title V of the CAA and its implementing regulations at 40 CFR 70.9. In today’s action, pursuant to 40 CFR 70.4(i)(2), EPA is proposing to approve NJDEP’s May 15, 2015 request to incorporate New Jersey’s Operating Permits Rule (N.J.A.C. 7:27–22) as revised on December 29, 2014 as a revision to New Jersey’s Operating Permit Program. EPA is soliciting public comments on EPA’s proposed action to incorporate the revised rule into the NJOPP. These comments will be considered before taking final action. IV. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action 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 proposed action merely proposes to approve State law as meeting Federal requirements and imposes no additional requirements beyond those imposed by State law. Accordingly, the Administrator certifies that this proposed 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. ). It also 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).

Because this rule proposes to approve pre-existing 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).

This proposed rule also does not have tribal implications because it will 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).

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 proposes to approve a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Act.

This proposed 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.

Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), 15 U.S.C. 272 note, requires Federal agencies to use technical standards that are developed or adopted by voluntary consensus to carry out policy objectives, so long as such standards are not inconsistent with applicable law or otherwise impracticable. In reviewing State Operating Permit Programs submitted pursuant to title V of the Clean Air Act, EPA will approve such regulations provided that they meet the requirements of the CAA and EPA’s regulations codified at 40 CFR part 70. 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 such regulations for failure to use VCS. It would, thus, be inconsistent with applicable law for EPA, when it reviews such regulations, to use VCS in place of a State regulation that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the NTTAA do not apply.

This proposed 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. ).
List of Subjects in 40 CFR Part 70

Environmental protection, Administrative practice and procedure, Air pollution control, Intergovernmental relations, Operating permits, Reporting and recordkeeping requirements.

Authority: 42 U.S.C. 7401 et seq.
Dated: June 14, 2016. Judith A. Enck, Regional Administrator, Region 2.
[FR Doc. 2016–15004 Filed 6–23–16; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Parts 271 and 272**

**[EPA–R08–RCRA–2016–0174; FRL–9947– 05–Region 8]** 

**Wyoming: Proposed Authorization of State Hazardous Waste Management**  **Program Revisions and Incorporation by Reference** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is proposing to grant authorization to the State of Wyoming for the changes to its hazardous waste program under the Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA). EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the state’s changes through a direct final action. In addition, the EPA is proposing to codify in the regulations entitled ‘‘Approved State Hazardous Waste Management Programs,’’ Wyoming’s authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA.

**DATES :**  Send written comments by July 25, 2016.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R08– RCRA–2016–0174 by mail to Christina Cosentini, Resource Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street, Mail Code 8P–R, Denver, Colorado 80202. You may also submit comments electronically or through hand delivery/courier by following the detailed instructions in the **ADDRESSES** section of the direct final rule located in the Rules section of this Federal Register

. **FOR FURTHER INFORMATION CONTACT :**  Christina Cosentini at (303) 312–6231, cosentini.christina@epa.gov.

**SUPPLEMENTARY INFORMATION :**  In the ‘‘Rules and Regulations’’ section of this Federal Register, the EPA is authorizing changes to the Wyoming program, in addition to codifying and incorporating by reference the State’s hazardous waste program as a direct final rule. The EPA did not make a proposal prior to the direct final rule because we believe these actions are not controversial and do not expect comments that oppose


### 41285 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Proposed Rules

them. We have explained the reasons for this authorization and incorporation by reference in the preamble to the direct final rule.

Unless EPA receives written comments that oppose the authorization and incorporation by reference during the comment period, the direct final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose the authorization, we will withdraw the direct final rule and it will not take immediate effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

Dated: May 11, 2016. Shaun L. McGrath, Regional Administrator, Region 8.
[FR Doc. 2016–14283 Filed 6–23–16; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Parts 271 and 272**

**[EPA–R08–RCRA–2016–0131; FRL–9947– 03–Region 8]** 

**South Dakota: Proposed Authorization of State Hazardous Waste Management**  **Program Revisions and Incorporation by Reference** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is proposing to grant authorization to the State of South Dakota for the changes to its hazardous waste program under the Solid Waste Disposal Act, as amended, commonly referred to as the Resource Conservation and Recovery Act (RCRA). The EPA has determined that these changes satisfy all requirements needed to qualify for final authorization, and is authorizing the state’s changes through a direct final action. In addition, the EPA is proposing to codify in the regulations entitled ‘‘Approved State Hazardous Waste Management Programs,’’ South Dakota’s authorized hazardous waste program. The EPA will incorporate by reference into the Code of Federal Regulations (CFR) those provisions of the State regulations that are authorized and that the EPA will enforce under RCRA.

**DATES :**  Send written comments by July 25, 2016. **ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R08– RCRA–2016–0131 by mail to Christina Cosentini, Resource Conservation and Recovery Program, EPA Region 8, 1595 Wynkoop Street, Mail Code: 8P–R, Denver, Colorado 80202. You may also submit comments electronically or through hand delivery/courier by following the detailed instructions in the **ADDRESSES** section of the direct final rule located in the Rules section of this Federal Register

. **FOR FURTHER INFORMATION CONTACT :**  Christina Cosentini at (303) 312–6231, cosentini.christina@epa.gov

. **SUPPLEMENTARY INFORMATION :**  In the ‘‘Rules and Regulations’’ section of this Federal Register, the EPA is authorizing changes to the South Dakota program, in addition to codifying and incorporating by reference the State’s hazardous waste program as a direct final rule. The EPA did not make a proposal prior to the direct final rule because we believe these actions are not controversial and do not expect comments that oppose them. We have explained the reasons for this authorization and incorporation by reference in the preamble to the direct final rule.

Unless the EPA receives written comments that oppose the authorization and incorporation by reference during the comment period, the direct final rule will become effective on the date it establishes, and we will not take further action on this proposal. If we get comments that oppose the authorization, we will withdraw the direct final rule and it will not take immediate effect. We will then respond to public comments in a later final rule based on this proposal. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time.

Dated: May 11, 2016. Shaun L. McGrath, Regional Administrator, Region 8.
[FR Doc. 2016–14297 Filed 6–23–16; 8:45 am]

**BILLING CODE 6560–50–P**

**FEDERAL COMMUNICATIONS COMMISSION** 

**47 CFR Part 73**

**[MB Docket No. 16–182; RM–11770; DA 16– 691]** 

**Radio Broadcasting Services; Eagle Butte, South Dakota** 

**AGENCY :**  Federal Communications Commission.

**ACTION :**  Proposed rule. **SUMMARY :**  This document requests comments on a Petition for Rule Making filed by Cheyenne River Sioux Tribe, proposing to amend the FM Table of Allotments, section 73.202(b) of the Commission’s Rules, by allotting Channel 228C1 at Eagle Butte, South Dakota, as the first local Tribal-owned service. A staff engineering analysis indicates that Channel 228C1 can be allotted to Eagle Butte consistent with the minimum distance separation requirements of the Commission’s rules with no site restriction. The reference coordinates are 45–01–32 NL and 101– 14–22 WL.

**DATES :**  Comments must be filed on or before August 8, 2016, and reply comments on or before August 23, 2016.

**ADDRESSES :**  Secretary, Federal Communications Commission, 445 Twelfth Street SW., Washington, DC 20554. In addition to filing comments with the FCC, interested parties should serve the petitioner as follows: Harold Frazier, Cheyenne River Sioux Tribe, P.O. Box 1683, Eagle Butte, SD 57625.

**FOR FURTHER INFORMATION CONTACT :**  Adrienne Y. Denysyk, Media Bureau, (202) 418–2700.

**SUPPLEMENTARY INFORMATION :**  This is a synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. 16–182, adopted June 16, 2016, and released June 17, 2016. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY–A257, 445 Twelfth Street SW., Washington, DC 20554. The full text is also available online at http:// apps.fcc.gov/ecfs/. This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4).

Provisions of the Regulatory Flexibility Act of l980 do not apply to this proceeding.

Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts.