64070 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations 

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 

does not result in such an 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 the 

establishment of temporary security 

zones for special events being held in 

conjunction with the 22nd International 

Seapower Symposium. Normally such 

actions are categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of Commandant Instruction 

M16475.lD. An environmental analysis 

checklist and 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 

(water), Reports and recordkeeping 

requirements, Security measures, and 

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 temporary § 165.T01–0813 to 

read as follows: 

§ 165.T01–0813 Security Zones: Rosecliff 

Mansion and Newport Marriott Hotel, 

Newport, Rhode Island. 

(a) Location. The following areas are 

security zones: All navigable waters, 

from surface to bottom, within 500 

yards of Rosecliff Mansion (approximate 

position 41°¥27′54′′ N., 071°¥18′18′′ 

W.) and the Newport Marriott Hotel 

(approximate position 41°¥29′23′′ N., 

071°¥19′04′′ W.), Newport, Rhode 

Island. 

(b) Effective and enforcement period. 

This rule will be effective and enforced 

from 4 p.m. to 11:30 p.m. on Tuesday, 

September 20, 2016 at Rosecliff 

Mansion, and from 4 p.m. to 11:30 p.m. 

on Thursday, September 22, 2016, at the 

Newport Marriott Hotel. 

(c) Definitions. The following 

definitions apply to this section: 

‘‘Designated on-scene patrol personnel’’ 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who have 

been authorized to act on the behalf of 

the Captain of the Port, Southeastern 

New England. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.30 

and 165.33 apply. 

(2) In accordance with the general 

regulations in 33 CFR 165.33 of this 

part, entry into or movement within 

these zones is prohibited unless 

authorized by the Captain of the Port, 

Southeastern New England. 

(3) Any vessel permitted to enter 

these security zones shall comply with 

the Coast Guard Captain of the Port or 

designated on-scene patrol personnel. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

(5) Persons and vessels may request 

permission to enter the zone on VHF– 

16. 

Dated: August 31, 2016. 

J.A. Smith, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port, Southeastern New 

England. 

[FR Doc. 2016–22463 Filed 9–16–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2016–0389; FRL–9952–41– 

Region 2] 

Partial Approval and Partial 

Disapproval of Air Quality 

Implementation Plans; NJ; 

Infrastructure SIP Requirements for 

2008 Lead, 2008 Ozone, 2010 Nitrogen 

Dioxide, 2010 Sulfur Dioxide, and 2012 

PM2.5, 2006 PM10 and 2011 Carbon 

Monoxide NAAQS: Interstate Transport 

Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving and 

partially disapproving elements of a 

New Jersey State Implementation Plan 

(SIP) submittal pertaining to the 

infrastructure requirements of section 

110(a)(1) and (2) of the Clean Air Act 

(CAA) for the 2008 Lead, 2008 Ozone, 

2010 Nitrogen Dioxide (NO2), 2010 

Sulfur Dioxide (SO2), 2011 Carbon 

Monoxide (CO), 2006 Particulate Matter 

of ten microns or less (PM10), and 2012 

Particulate Matter of 2.5 microns or less 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. This 

action pertains specifically to 

infrastructure requirements relating to 

interstate transport provisions 

concerning the Prevention of Significant 

Deterioration of Air Quality (PSD) 

regulations, and visibility protection. 

DATES: This rule is effective on October 

19, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2016–0389. 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 please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

for additional information. 


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Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations 64071 

1 81 FR 38963 (June 15, 2016). 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin, 212–637–3702, 

fradkin.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

I. Background and Purpose 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

This rulemaking addresses CAA 

section 110(a)(2)(D)(i) requirements in 

New Jersey’s infrastructure SIP 

submitted on October 17, 2014 to 

address applicable infrastructure 

requirements with respect to the 2008 

Lead, 2008 Ozone, 2010 NO2, 2010 SO2, 

and 2012 PM2.5, 2006 PM10 and 2011 CO 

NAAQS. 

The requirement for states to make a 

SIP submission of this type arises out of 

CAA section 110(a)(1). Pursuant to 

section 110(a)(1), states must make SIP 

submissions ‘‘within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof),’’ and 

these SIP submissions are to provide for 

the ‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. EPA 

commonly refers to such state plans as 

‘‘infrastructure SIPs.’’ In particular, 

section 110(a)(2)(D)(i)(I) requires SIPs to 

include provisions prohibiting any 

source or other type of emissions 

activity in one state from contributing 

significantly to nonattainment of the 

NAAQS (commonly referred to as prong 

1), or interfering with maintenance of 

the NAAQS (prong 2), in any another 

state. Section 110(a)(2)(D)(i)(II) requires 

SIPs to include provisions prohibiting 

any source or other type of emissions 

activity in one state from interfering 

with measures required to prevent 

significant deterioration (PSD) of air 

quality (prong 3) and to protect 

visibility (prong 4) in another state. 

This rulemaking pertains only to the 

portion of the SIP submittal addressing 

section 110(a)(2)(D)(i)(II)(prongs 3 and 

4). On March 30, 2016, New Jersey 

withdrew the portion of the submittal 

addressing 110(a)(2)(D)(i)(I) (prongs 1 

and 2) for the 2008 Ozone NAAQS. EPA 

subsequently issued a Finding of Failure 

to Submit to New Jersey.1 EPA will 

address the other portions of the 

October 17, 2014 infrastructure SIP 

submittal in a separate action. 

EPA proposed action on the October 

17, 2014 submittal on July 27, 2016 (81 

FR 49205). In that action, EPA proposed 

to disapprove the portions of New 

Jersey’s October 17, 2014 SIP 

submission addressing prong 3 and 

proposed to approve the portions 

addressing prong 4 regarding CAA 

section 110(a)(2)(D)(i) requirements. No 

comments were received on the 

proposal. The reader is referred to the 

July 27, 2016 proposed rulemaking for 

a detailed discussion of New Jersey’s 

submittal and EPA’s review and 

proposed actions. 

II. What action is EPA taking? 

EPA is approving the portion of the 

October 17, 2014 SIP submittal from 

New Jersey pertaining to the 

requirements of CAA section 

110(a)(2)(D)(i)(II) requirement for 

visibility (or prong 4) for the 2008 Lead, 

2008 Ozone, 2010 NO2, 2010 SO2, and 

2012 p.m.2.5, 2006 p.m.10 and 2011 CO 

NAAQS. 

New Jersey has elected to comply 

with the Federal PSD requirements by 

accepting delegation of the Federal rules 

and has been successfully implementing 

this program for many years. However, 

EPA does not recognize a delegated PSD 

program as satisfying the Infrastructure 

SIP requirements. Therefore, EPA is 

disapproving New Jersey’s submittal 

pertaining to the requirements of CAA 

section 110(a)(2)(D)(i)(II) requirement 

for PSD (or prong 3) for the 2008 Lead, 

2008 Ozone, 2010 NO2, 2010 SO2, and 

2012 PM2.5, 2006 p.m.10 and 2011 CO 

NAAQS. However, the disapprovals will 

not trigger any sanctions or additional 

Federal Implementation Plan obligation 

since a PSD Federal Implementation 

Plan is already in place. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This final action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and was 

therefore not submitted to the Office of 

Management and Budget for review. 

B. Paperwork Reduction Act (PRA) 

This final action does not impose an 

information collection burden under the 

PRA because it does not contain any 

information collection activities. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This rule does not 

impose any requirements or create 

impacts on small entities. This partial 

SIP approval and partial SIP 

disapproval under CAA section 110 will 

not in-and-of itself create any new 

requirements but simply approves and 

disapproves certain state requirements 

for inclusion into the SIP. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This action does not apply 

on any Indian reservation land, any 

other area where the EPA or an Indian 

tribe has demonstrated that a tribe has 

jurisdiction, or non-reservation areas of 

Indian country. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it merely partially approves and 

partially disapproves a SIP submittal 

from the State of New Jersey. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 


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64072 Federal Register / Vol. 81, No. 181 / Monday, September 19, 2016 / Rules and Regulations 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

action merely partially approves and 

partially disapproves a SIP submittal 

from the State of New Jersey. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

EPA will submit a rule report to each 

House of the Congress and to 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). 

L. Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 18, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action 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 CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Incorporation by reference, 

Carbon monoxide, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Sulfur dioxide, Volatile organic 

compounds. 

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

Dated: September 6, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

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 FF—New Jersey 

■ 2. Section 52.1586 is amended by 

adding paragraph (b) and adding and 

reserving paragraph (c) to read as 

follows: 

§ 52.1586 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(b) 2008 Lead, 2008 8-hour ozone, 

2010 NO2, 2010 SO2, 2012 PM2.5, 2006 

PM10 and 2011 CO NAAQS—(1) 

Approval. Submittal from New Jersey 

dated October 17, 2014 to address the 

CAA infrastructure requirements of 

section 110(a)(2) for the 2008 Lead, 2008 

8-hour ozone, 2010 NO2, 2010 SO2, 2012 

PM2.5, 2006 PM10 and 2011 CO NAAQS 

is approved for (D)(i)(II) prong 4 

(visibility). 

(2) Disapproval. Submittal from New 

Jersey dated October 17, 2014 to address 

the CAA infrastructure requirements of 

section 110(a)(2) for the 2008 Lead, 2008 

8-hour ozone, 2010 NO2, 2010 SO2, 2012 

PM2.5, 2006 PM10 and 2011 CO NAAQS 

is disapproved for (D)(i)(II) prong 3 (PSD 

program only). These requirements are 

being addressed by § 52.1603 which has 

been delegated to New Jersey to 

implement. 

(c) [Reserved] 

[FR Doc. 2016–22400 Filed 9–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2015–0824; FRL–9952–42– 

Region 5] 

Air Plan Approval; Ohio; Infrastructure 

SIP Requirements for the 2012 PM2.5

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

the state implementation plan (SIP) 

submission from Ohio regarding the 

infrastructure requirements of section 

110 of the Clean Air Act (CAA) for the 

2012 fine particulate matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS). The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. The 

proposed rule associated with this final 

action was published on June 23, 2016, 

and we received no comments. 

DATES: This final rule is effective on 

October 19, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2015–0824. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) 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 through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

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

Friday, excluding Federal holidays. We 

recommend that you telephone Joseph 

Ko, Environmental Engineer, at (312) 

886–7947 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Ko, Environmental Engineer, 

Attainment Planning and Maintenance, 

Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7947, 

ko.joseph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What did Ohio submit, and what is the 

scope of EPA’s action? 

II. What action is EPA taking? 

III. Statutory and Executive Order Reviews 

I. What did Ohio submit, and what is 

the scope of EPA’s action? 

A. What state SIP submission does this 

rulemaking address? 

This rulemaking addresses a 

submission from the Ohio 

Environmental Protection Agency 

(OEPA), describing its infrastructure SIP 

for the 2012 PM2.5 NAAQS, dated 

December 4, 2015. 


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