Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77253 

DATES: This deviation is effective from 

6 a.m. on December 11, 2015 to 11:59 

p.m. on December 31, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–1066] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email the Bridge 

Administrator, Coast Guard Thirteenth 

District; telephone 206–220–7282 email 

d13-pf-d13bridges@uscg.mil. 

SUPPLEMENTARY INFORMATION: WSDOT 

has requested a temporary deviation 

from the operating schedule for the 

Simpson Avenue Bridge crossing the 

Hoquiam River, mile 0.5, at Hoquiam, 

WA. WSDOT requested to only open 

one leaf of the double leaf bascule 

bridge when at least two hours of notice 

is given. WSDOT also requested to 

reduce the vertical clearance from 35 

feet to approximately 25 feet at mean 

high tide, and reduce the horizontal 

navigation clearance from 125 feet to 52 

feet while operating single leaf. 

The normal operating schedule for the 

Simpson Avenue Bridge operates in 

accordance with 33 CFR 117.1047, 

which states the bridge shall open on 

signal if at least one hour notice is 

given. Simpson Avenue Bridge is a 

double leaf bascule bridge and provides 

35 feet of vertical clearance above mean 

high water elevation while in the 

closed-to-navigation position. 

This deviation allows the Simpson 

Avenue Bridge at mile 0.5 crossing the 

Hoquiam River, to operate in single leaf, 

half of the span, to maritime traffic from 

6 a.m. on December 11, 2015 to 11:59 

p.m. on December 31, 2015. The bridge 

shall operate in accordance to 33 CFR 

117.1047 at all other times. 

Vessels able to pass through the 

bridge in the closed-to-navigation 

position may do so at anytime. 

Scaffolding will be erected below the 

bridge for personnel to work from 

reducing the vertical clearance to 

approximately 25 feet while the bridge 

is in the closed-to-navigation position. 

The bridge will not be able to open for 

vessels engaged in emergency response 

operations during this closure period 

without a two hour notice. 

Waterway usage on this part of the 

Hoquiam River ranges from tug and 

barge to small pleasure craft. WSDOT 

has examined bridge opening logs, and 

contacted all waterway users that have 

requested bridge openings throughout 

the last year. The input WSDOT 

received from waterway users indicated 

that this deviation will have no impact 

on the known users. No immediate 

alternate route for vessels to pass is 

available on this part of the river. 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 drawbridges must return to their 

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 8, 2015. 

Steven M. Fischer, 

Bridge Administrator, Thirteenth Coast Guard 

District. 

[FR Doc. 2015–31388 Filed 12–11–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0205; FRL–9940–03– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; El Paso 

Particulate Matter Contingency 

Measures 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving under the 

Federal Clean Air Act (the Act) State 

Implementation Plan (SIP) revisions 

submitted by the State of Texas. These 

revisions pertain to contingency 

measures for particulate matter in the 

City of El Paso. The affected 

contingency measures are the paving of 

alleys and sweeping of streets. 

DATES: This final rule is effective on 

January 13, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0205. 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 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, 214–665–8542, 

riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

The background for today’s action is 

discussed in detail in our August 19, 

2015 proposal (80 FR 50248). In that 

notice, we proposed to approve 

revisions to the Texas SIP pertaining to 

contingency measures for controlling 

particulate matter (PM) with an 

aerodynamic diameter less than or equal 

to a nominal ten micrometers (PM10) in 

the City of El Paso. We did not receive 

any comments regarding our proposal. 

II. Final Action 

We are approving revisions to the 

Texas SIP pertaining to PM10 dust 

control contingency measures in the 

City of El Paso. The State’s revisions 

submitted on March 7, 2012 amend rule 

30 TAC section 111.147(1)(E) by 

removing the requirement to pave alleys 

at the rate of 15 miles/year, and replace 

it with the following requirements: 

(1) All new alleys must be paved; 

(2) Unpaved alleys may not be used 

for residential garbage and recycling 

collection; and 

(3) The use of recycled asphalt 

product as defined in section 111.145 

and section 111.147(1) may be used as 

an alternate means of particulate matter 

control for alleys. 

We are also approving revisions to 30 

TAC section 111.147(1) that define 

reclaimed asphalt pavement, and 30 

TAC section 111.147(2) that changes the 

sweeping frequency requirement from 

four to three times per year in the city 

limits and from six to four times per 

week in the El Paso central business 

district. This action is being taken under 

section 110 of the Act. 

III. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the Texas regulations as 

described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 

available electronically through 

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77254 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• 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 Clean Air Act; 

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, the SIP is not approved to 

apply on any Indian reservation land or 

in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 12, 

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, Particulate matter, Reporting 

and recordkeeping requirements. 

Dated: November 19, 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. In § 52.2270: 

■ a. In paragraph (c), the table titled 

‘‘EPA Approved Regulations in the 

Texas SIP’’ is amended by revising the 

entry for Section 111.147. 

■ b. In paragraph (e), the second table 

titled ‘‘EPA-Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by adding an entry at the end for 

‘‘Revision to El Paso PM10 Attainment 

Demonstration SIP’’. 

The revision and addition read as 

follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED REGULATIONS IN THE TEXAS SIP 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

*******

Chapter 111 (Reg 1)—Control of Air Pollution From Visible Emissions and Particulate Matter 

Subchapter A: Visible Emissions and Particulate Matter 

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Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77255 

EPA APPROVED REGULATIONS IN THE TEXAS SIP—Continued 

State citation Title/subject 

State 

approval/ 

submittal 

date 

EPA approval date Explanation 

*******

Division 4: Materials Handling, Construction, Roads, Streets, Alleys, and Parking Lots 

*******

Section 111.147 ........................... Roads, Streets, and Alleys .......... 1/25/2012 12/14/2015 [Insert FEDERAL REGISTER citation].

* * * * * * * 

* * * * * (e) * * * 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/ 

effective 

date 

EPA approval date Comments 

*******

Revision to El Paso PM10 Attainment Demonstration SIP (dust 

control contingency measures).

El Paso, TX ................................. 3/7/2012 12/14/2015 [Insert FEDERAL REGISTER citation].

[FR Doc. 2015–31310 Filed 12–11–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0769; FRL–9937–22] 

Naphthalene Acetates; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

tolerance for residues of the 

naphthalene acetate group in or on 

pomegranate. Interregional Research 

Project Number 4 (IR–4) requested the 

tolerance under the Federal Food, Drug, 

and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

December 14, 2015. Objections and 

requests for hearings must be received 

on or before February 12, 2016, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0769, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. 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 OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

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

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0769 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

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