19490 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 

because it 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting less than 20 days that will 

prohibit entry in all navigable waters of 

the Bayou Teche from Jeanerette, LA to 

Linwood, LA. It is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(waters), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–1121 to read as 

follows: 

§ 165.T08–1121 Safety Zone; Bayou Teche, 

Crude Oil Spill; Jeanerette, LA. 

(a) Location. The following area is a 

safety zone: All waters of Bayou Teche 

from Jeanerette, LA to Linwood, LA. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officers 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port (COTP) Morgan City in the 

enforcement of the safety zones. 

(c) Regulations. (1) Under the general 

safety zone regulations in 33 CFR part 

165 subpart C, you may not enter the 

safety zones described in paragraph (a) 

of this section unless authorized by the 

COTP or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16, 

or through Coast Guard Marine Safety 

Unit Morgan City at 985–380–5334. 

Those in the safety zones must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Enforcement period. This rule will 

be enforced from March 29, 2016 

through April 15, 2016 or until 

emergency spill response efforts are 

complete, whichever occurs earlier. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcasts notice to mariners of the 

enforcement period for the emergency 

safety zones as well as any changes in 

the dates and times of enforcement. 

Dated: March 29, 2016. 

D.G. McClellan, 

Captain, U.S. Coast Guard, Captain of the 

Port Morgan City, Louisiana. 

[FR Doc. 2016–07541 Filed 4–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 9 

[EPA–HQ–OPPT–2014–0486; FRL–9943–62] 

OMB Approvals Under the Paperwork 

Reduction Act; Technical Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA), this 

technical amendment updates the table 

that lists the Office of Management and 

Budget (OMB) control numbers issued 

under PRA for information collection 

requirements contained in EPA’s 

regulations that are promulgated in title 

40 of the Code of Federal Regulations 

(CFR). This technical amendment adds 

new approvals published in the Federal 

Register since January 8, 2016, and 

removes expired and terminated 

approvals. 

DATES: This final rule is effective April 

5, 2016. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2014–0486, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

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

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Angela Hofmann, Regulatory 

Coordination Staff (7101M), Office of 

Chemical Safety and Pollution 

Prevention, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–0258; email address: 

hofmann.angela@epa.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 19491 

I. Does this action apply to me? 

This action is directed to the public 

in general. This action may, however, be 

of interest to those persons who are 

concerned about OMB approval for 

information collections required by EPA 

regulations. Since other entities may 

also be interested, the Agency has not 

attempted to describe all the specific 

entities that may be affected by this 

action. 

II. Background 

A. Why is this technical amendment 

being issued? 

This document updates the OMB 

control numbers listed in 40 CFR part 9 

for various regulations promulgated 

under the Toxic Substances Control Act 

(TSCA) (15 U.S.C. 2601), the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) (7 U.S.C. 136), and the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) (21 U.S.C. 408). Under PRA 

(44 U.S.C. 3501 et seq.), an agency may 

not conduct or sponsor, and a person is 

not required to respond to an 

information collection request unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations are codified in title 40 

of the CFR, after appearing in the 

preamble of the final rule. These 

numbers are listed in 40 CFR part 9, 

displayed in a subsequent publication 

in the Federal Register, or displayed by 

other appropriate means, such as on a 

related collection instrument or form, or 

as part of the instructions to 

respondents. The display of OMB 

control numbers in certain EPA 

regulations is consolidated in 40 CFR 

part 9. In addition to displaying the 

applicable OMB control number in the 

final rule and on the applicable 

collection instruments, the Office of 

Chemical Safety and Pollution 

Prevention (OCSPP) has also typically 

listed the OMB control number in the 

table at 40 CFR 9.1 for regulations it has 

issued under TSCA, FIFRA, and 

FFDCA. With this technical 

amendment, OCSPP is updating the 

table in 40 CFR 9.1 to list the new OMB 

control number that replaces the two 

OMB control numbers that have been 

consolidated under the new OMB 

control number. 

B. Why is this technical amendment 

issued as a final rule? 

The information collection activities 

referenced in this document were 

previously subject to public notice and 

comment as part of the rulemaking 

process, and this action does not in any 

way affect the referenced information 

collection activities or rulemakings. 

This action only amends the table at 40 

CFR 9.1 to update the list of OMB 

control numbers listed there. Due to the 

technical nature of the table, EPA finds 

that further notice and comment about 

amending the table is unnecessary. As a 

result, EPA finds that there is ‘‘good 

cause’’ under section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)(3)(B)), to amend this table 

without further notice and comment. 

C. What specific changes are being 

made? 

On January 8, 2016, OMB approved 

the consolidation of three existing, 

approved OMB control numbers into a 

single, new OMB control number. 

Specifically, OMB control numbers 

2070–0155, 2070–0158, and 2070–0181 

were consolidated into a single 

information collection approved under 

OMB control number 2070–0195. This 

consolidated OMB control number 

covers the information collection 

activities imposed on entities 

conducting lead-based paint related 

activities. The previous OMB control 

numbers for these information 

collection activities will be 

discontinued. 

III. Statutory and Executive Order 

Reviews 

This action implements technical 

amendments to 40 CFR part 9 to reflect 

changes to OMB approvals under PRA. 

It does not otherwise impose or amend 

any requirements. As such, this action 

does not require review by OMB under 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993), the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.), or Executive Order 13045, 

entitled ‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997). 

Nor does it impose any enforceable 

duty, contain any unfunded mandate, or 

impose any significant or unique impact 

on small governments as described in 

the Unfunded Mandates Reform Act 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action will not have substantial 

direct effects on State or tribal 

governments, on the relationship 

between the Federal Government and 

States or Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and States or Indian tribes. 

As such, it will not have any 

‘‘federalism implications’’ as described 

by Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) or ‘‘tribal implications’’ as 

described by Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000). Nor does it 

involve any technical standards that 

would require Agency consideration of 

voluntary consensus standards pursuant 

to section 12(d) of the National 

Technology Transfer and Advancement 

Act (15 U.S.C. 272 note), environmental 

justice-related issues that would require 

consideration under Executive Order 

12898, entitled ‘‘Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994), or otherwise involve anything 

that would have any adverse effect on 

the supply, distribution, or use of 

energy that would require consideration 

under Executive Order 13211, entitled 

‘‘Actions Concerning Regulations that 

Significantly Affect Energy Supply, 

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

22, 2001). 

In addition, since this action is not 

subject to notice-and-comment 

requirements under the APA or any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

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

et seq.). 

IV. Congressional Review Act 

Pursuant to the Congressional Review 

Act, 5 U.S.C. 801 et seq., 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 9 

Environmental protection, Reporting 

and recordkeeping requirements. 

Dated: March 29, 2016. 

James Jones, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 9—OMB APPROVALS UNDER 

THE PAPERWORK REDUCTION ACT 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 7 U.S.C. 135 et seq., 136–136y; 

15 U.S.C. 2001, 2003, 2005, 2006, 2601–2671, 

21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 

U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 

1321, 1326, 1330, 1342, 1344, 1345(d) and 

(e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 

1971–1975 Comp. p. 973; 42 U.S.C. 241, 

242b, 243, 246, 300f, 300g, 300g–1, 300g–2, 

300g–3, 300g–4, 300g–5, 300g–6, 300j–1, 

300j–2, 300j–3, 300j–4, 300j–9, 1857 et seq., 


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19492 Federal Register / Vol. 81, No. 65 / Tuesday, April 5, 2016 / Rules and Regulations 

1 Ground-level ozone is formed when oxides of 

nitrogen (NOX) and volatile organic compounds 

(VOC) react in the presence of sunlight. The 1-hour 

ozone national ambient air quality standard is 0.12 

parts per million (ppm) averaged over a 1-hour 

period (‘‘1-hour ozone standard’’). See 40 CFR 50.9. 

2The two cases are Sierra Club v. EPA, 671 F.3d 

955 (9th Cir. 2012)(Remand of the EPA’s approval 

of previous San Joaquin Valley 1-hour ozone 

plan)(‘‘Sierra Club’’); and Association of Irritated 

Residents v. EPA, 632 F.3d. 584, at 596–597 (9th 

Cir. 2011), reprinted as amended on January 27, 

2012, 686 F.3d 668, further amended February 13, 

2012 (Remand of the EPA’s approval of the state’s 

VMT emissions offset demonstration for the South 

Coast)(‘‘Association of Irritated Residents’’). 

6901–6992k, 7401–7671q, 7542, 9601–9657, 

11023, 11048. 

■ 2. In § 9.1, the table is amended by 

revising the undesignated center 

heading ‘‘Lead-Based Paint Poisioning 

Prevention in Certain Residential 

Structures’’ to read ‘‘Lead-Based Paint 

Poisoning Prevention in Certain 

Residential Structures’’ and revising the 

following entries underneath it: 

■ a. Part 745, subpart E; 

■ b. Part 745, subpart L; and 

■ c. Part 745, subpart Q. 

The revisions read as follows: 

§ 9.1 OMB approvals under the Paperwork 

Reduction Act. 

* * * * * 

40 CFR citation OMB control 

No. 

* * * * * 

Lead-Based Paint Poisoning Prevention in 

Certain Residential Structures 

Part 745, subpart E ................ 2070–0195 

* * * * * 

Part 745, subpart L ................ 2070–0195 

Part 745, subpart Q ................ 2070–0195 

* * * * * 

* * * * * 

[FR Doc. 2016–07797 Filed 4–4–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0048; FRL–9943–78– 

Region 9] 

Clean Air Plans; 1-Hour and 1997 8- 

Hour Ozone Nonattainment Area 

Requirements; San Joaquin Valley, 

California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a state implementation plan 

revision submitted by the State of 

California to provide for attainment of 

the 1-hour ozone national ambient air 

quality standard in the San Joaquin 

Valley, California ozone nonattainment 

area and to meet other Clean Air Act 

requirements. Specifically, with respect 

to the 1-hour ozone standard, the EPA 

is taking final action to find the 

emissions inventories to be acceptable 

and to approve the reasonably available 

control measures demonstration, the 

rate of progress demonstrations, the 

attainment demonstration, contingency 

measures for failure to meet rate of 

progress milestones, the provisions for 

advanced technology/clean fuels for 

boilers, and the demonstration that the 

plan provides sufficient transportation 

control strategies and measures to offset 

emissions increases due to increases in 

motor vehicle activity. For the 1997 8- 

hour ozone standard, the EPA is taking 

final action to approve the 

demonstration that the plan provides 

sufficient transportation control 

strategies and measures to offset 

emissions increases due to increases in 

motor vehicle activity. 

DATES: This rule is effective on May 5, 

2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R09–OAR–2015–0048. 

Generally, documents in the docket for 

this action are available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., confidential business information 

or ‘‘CBI’’). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, 

Region 9, (415) 972–3963, 

ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On January 15, 2016 (81 FR 2140), the 

EPA proposed, under section 110(k)(3) 

of the Clean Air Act (CAA or ‘‘Act’’), to 

approve a revision to the California state 

implementation plan (SIP) submitted by 

the California Air Resources Board 

(CARB) on December 20, 2013. The SIP 

submittal consists of the San Joaquin 

Valley’s ‘‘2013 Plan for the Revoked 1- 

Hour Ozone Standard’’ (‘‘2013 Ozone 

Plan’’) and related documentation.1

More specifically, we proposed to 

approve all of the elements contained in 

the 2013 Ozone Plan, with the exception 

of the attainment contingency 

provisions for which the EPA is 

deferring action, based on the 

documentation contained in or 

submitted with the plan itself and 

supplemental documentation provided 

by CARB on June 19, 2014 related to the 

vehicle-miles-traveled (VMT) emissions 

offset requirement in CAA section 

182(d)(1)(A). 

As explained in more detail in our 

proposed rule, the 2013 Ozone Plan was 

prepared by the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUACPD or ‘‘District’’) and CARB in 

response to the EPA’s regulatory 

responses to two specific court 

decisions issued by the Ninth Circuit 

Court of Appeals (‘‘Ninth Circuit’’),2 one 

of which remanded to the EPA the 

approval of the previous San Joaquin 

Valley 1-hour ozone plan. Although the 

1-hour ozone national ambient air 

quality standard has been revoked, 

certain SIP requirements that had 

applied to 1-hour ozone nonattainment 

areas, such as the San Joaquin Valley, at 

the time of revocation continue to apply 

under ‘‘anti-backsliding’’ regulations 

that the EPA promulgated to govern the 

transition from the 1-hour ozone 

standard to the 8-hour ozone standard. 

In our proposed rule, we also 

discussed the implications on our action 

on the 2013 Ozone Plan of a third Ninth 

Circuit decision, Committee for a Better 

Arvin v. EPA, 786 F.3d 1169 (9th Cir. 

2015)(‘‘Committee for a Better Arvin’’), 

and indicated that, in response to the 

decision in Committee for a Better 

Arvin, the EPA had proposed in a 

separate rulemaking (i.e., 80 FR 69915 

(November 12, 2015)) to approve (as a 

revision to the California SIP) a number 

of CARB mobile source regulations for 

which the EPA has issued waivers or 

authorizations under CAA section 209 

(referred to herein as ‘‘waiver 

measures.’’) See our January 15, 2016 

proposed rule at 81 FR 2141–2144. 


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