81466 Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations 

1 80 FR 49187 August 17, 2015. 

piers and the future swing span change 

out, an extensive but necessary 

maintenance operation. The reason for 

the request is that poor weather has 

delayed the preparatory work necessary 

to accomplish the modification to the 

rest piers. Navigation on the waterway 

consists of tugs with tows, fishing 

vessels and recreational crafts. 

The Coast Guard has coordinated the 

closure with waterway users, industry, 

and other Coast Guard units and 

determined that this closure will not 

have a significant effect on vessel traffic. 

During this deviation for bridge 

rehabilitation, vessels will not be 

allowed to pass through the bridge 

during the eight-hour closures each day 

as stated above. Many of the vessels that 

currently require an opening of the draw 

will be able to pass using the opposite 

channel from 3 p.m. to 7 a.m. when the 

deviations are not in effect. The bridge 

will not be able to open for emergencies 

and there is no immediate alternate 

route for vessels to pass. The Coast 

Guard will also inform the users of the 

waterways through our Local and 

Broadcast Notices to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

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: December 24, 2015. 

David M. Frank, 

Bridge Administrator, Eighth Coast Guard 

District. 

[FR Doc. 2015–32871 Filed 12–29–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0117; FRL–9940–63– 

Region 6] 

Determination of Attainment; Texas; 

Houston-Galveston-Brazoria 1997 

Ozone Nonattainment Area; 

Determination of Attainment of the 

1997 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) has determined that the 

Houston-Galveston-Brazoria (HGB) 8- 

hour ozone nonattainment area is 

currently attaining the 1997 ozone 

National Ambient Air Quality Standard 

(NAAQS). This determination is based 

upon certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 ozone NAAQS 

for the 2012–2014 monitoring period 

and continues to monitor attainment of 

the NAAQS based on preliminary 2015 

data. Thus, the requirements for this 

area to submit an attainment 

demonstration, a reasonable further 

progress (RFP) plan, contingency 

measures, and other State 

Implementation Plan (SIP) documents 

related to attainment of the 1997 ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. 

DATES: This final rule is effective on 

January 29, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket No. 

EPA–R06–OAR–2015–0117. 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. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at EPA Region 6, 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Wendy Jacques, (214) 665–7395, 

jacques.wendy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for today’s action is 

discussed in detail in our Proposal (80 

FR 49187, August 17, 2015). In that 

document, we proposed to determine 

that the HGB ozone nonattainment area 

is currently in attainment of the 1997 

ozone standard based on the most recent 

3 years of quality-assured air quality 

data. Certified ambient air monitoring 

data show that the area has monitored 

attainment of the 1997 ozone NAAQS 

for the 2012–2014 monitoring period 

and continues to monitor attainment of 

the NAAQS based on preliminary 2015 

data. 

Our Proposal provides our rationale 

for this rulemaking. Please see the 

docket for this and other documents 

regarding our Proposal. The public 

comment period for our Proposal closed 

on September 16, 2015. 

II. Response to Comments 

We received no adverse comments. 

We received one letter dated September 

2, 2015, from the Texas Commission on 

Environmental Quality (TCEQ or the 

Commenter) supporting our Proposal. A 

summary of the comment and our 

response follows. 

Comment: The Commenter agrees 

with our Proposal to determine that the 

HGB ozone nonattainment area is 

currently in attainment of the 1997 

ozone standard based upon certified 

ambient air monitoring data for the 

2012–2014 monitoring period and 

preliminary 2015 monitoring data. 

Response: We concur with the 

Commenter. 

III. What is the effect of this action? 

In accordance with our Clean Data 

Policy as codified in 40 CFR 51.1118, a 

determination of attainment suspends 

the requirements for the TCEQ to submit 

the attainment demonstration and 

associated reasonably available control 

measures, RFP plans, contingency 

measures for failure to attain or make 

reasonable progress and other planning 

SIPs related to attaining the 1997 ozone 

NAAQS in the HGB area for so long as 

the area continues to attain the 

standard. However, should the area 

violate the 1997 ozone standard after 

this Clean Data Determination is 

finalized, the EPA would rescind the 

CDD. 

IV. Final Action 

Based on the Proposal 1 and the 

certified ambient air monitoring data 

contained therein, EPA finds that the 

HGB ozone nonattainment area has 

attained the 1997 ozone standard and 

meets the requirements in 40 CFR 

51.1118. This Clean Data Determination 

provides that Texas is no longer 

required to submit the attainment 

demonstration and other planning SIPs 

related to attainment of the 1997 ozone 

NAAQS, for so long as the area is 

attaining the standard. 

V. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based on air quality, and 

would, if finalized, result in the 

suspension of certain Federal 

requirements, and it would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

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Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Rules and Regulations 81467 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• 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). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because it merely 

makes a determination based on air 

quality data. 

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 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 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 February 29, 

2016. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposed 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, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: December 15, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

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. 

Subpart SS—Texas 

■ 2. Section 52.2275 is amended by 

adding paragraph (k) to read as follows: 

§ 52.2275 Control strategy and 

regulations: Ozone. 

* * * * * 

(k) Determination of Attainment. 

Effective January 29, 2016 the EPA has 

determined that the Houston-GalvestonBrazoria 8-hour ozone nonattainment 

area has attained the 1997 ozone 

standard. Under the provisions of the 

EPA’s Clean Data Policy, this 

determination suspends the 

requirements for this area to submit an 

attainment demonstration and other 

State Implementation Plans related to 

attainment of the 1997 ozone NAAQS 

for so long as the area continues to 

attain the 1997 ozone NAAQS. 

[FR Doc. 2015–32752 Filed 12–29–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 229, and 252 

[Docket DARS–2014–0046] 

RIN 0750–AI26 

Defense Federal Acquisition 

Regulation Supplement: Taxes— 

Foreign Contracts in Afghanistan 

(DFARS Case 2014–D003) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to notify contractors of 

requirements relating to Afghanistan 

taxes for contracts performed in 

Afghanistan. 

DATES: Effective December 30, 2015. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie Hammond, telephone 571–372– 

6174. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 35715 on June 

24, 2014, to revise the DFARS to add 

two new clauses that notify contractors 

of requirements relating to Afghanistan 

taxes when contracts are being 

performed in Afghanistan. Three 

respondents submitted public 

comments in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments is provided 

below: 

A. Summary of Significant Changes 

From the Proposed Rule 

The final rule amends DFARS clause 

252.229–7014, Taxes—Foreign 

Contracts in Afghanistan, to reference 

the bilateral security agreement entitled 

‘‘The Security and Defense Cooperation 

Agreement between the Islamic 

Republic of Afghanistan and the United 

States of America’’ signed on September 

30, 2014. The reference to the bilateral 

security agreement replaces the 

reference to the prior Agreement entered 

into between the United States and 

Afghanistan on May 28, 2003, regarding 

the ‘‘Status of United States Military 

and Civilian Personnel of the U.S. 

Department of Defense Present in 

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