11120 Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations 

Dated: February 10, 2016. 

J.E. Ryan, 

Rear Admiral, U. S. Coast Guard, 

Commander, Ninth Coast Guard District. 

[FR Doc. 2016–04743 Filed 3–2–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0645; FRL–9942–17– 

Region 9] 

Approval of Arizona Air Plan 

Revisions; Phoenix, Arizona; Second 

10-Year Carbon Monoxide Maintenance 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Arizona State 

Implementation Plan (SIP). This 

revision is the second ten-year 

maintenance plan for carbon monoxide 

(CO) for the Phoenix metropolitan area 

in Maricopa County, Arizona. We are 

also finding adequate and approving 

transportation conformity motor vehicle 

emissions budgets (MVEB) for the year 

2025 and beyond. We are taking these 

actions under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on April 4, 

2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0645 for this action. Generally, 

documents in the docket for this action 

are available electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(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 

Kelly, EPA Region IX, (415) 947–4151, 

kelly.johnj@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On October 19, 2015 (80 FR 63185), 

the EPA proposed to approve the 

Maricopa Association of Governments’ 

(MAG) plan titled ‘‘MAG 2013 Carbon 

Monoxide Maintenance Plan for the 

Maricopa County Area’’ (hereinafter, 

‘‘2013 Maintenance Plan’’) into the 

Arizona SIP. 

We also proposed to find adequate 

and to approve into the SIP the CO 

MVEB for the year 2025 and beyond. 

We proposed to approve this plan and 

the CO MVEB because we determined 

that they complied with the relevant 

CAA requirements. Our proposed action 

contains more information on the plan 

and MVEB and our evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received no comments. 

III. EPA Action 

No comments were submitted. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this plan into the Arizona 

SIP. The EPA is also finding adequate 

and approving the motor vehicle 

emissions budgets in the plan (see Table 

1) because we find they meet the 

applicable transportation conformity 

requirements under 40 CFR 93.118(e). 

Table 1 shows the approved and 

previously approved MVEBs for the 

Phoenix CO Maintenance Area. 

TABLE 1—APPROVED AND PREVIOUSLY APPROVED TRANSPORTATION CONFORMITY MOTOR VEHICLE EMISSIONS BUDGETS

FOR THE PHOENIX CO MAINTENANCE AREA, IN METRIC TONS PER DAY (MTPD) 

Previously 

approved 

Previously 

approved Approved 

Year ............................................................................................................................................. 2006 2015 2025 

CO MVEB .................................................................................................................................... 699.7 662.9 559.4 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, 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 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 the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations 11121 

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 the 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. The 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 May 2, 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 section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: January 25, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(173) to read as 

follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(173) The following plan was 

submitted on April 2, 2013 by the 

Governor’s designee. 

(i) [RESERVED]. 

(ii) Additional materials. 

(A) Arizona Department of 

Environmental Quality. 

(1) MAG 2013 Carbon Monoxide 

Maintenance Plan for the Maricopa 

County Area, adopted by the Maricopa 

Association of Governments on March 

27, 2013. 

* * * * * 

[FR Doc. 2016–04614 Filed 3–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0475; FRL–9942–10] 

Fluensulfone; Pesticide Tolerance for 

Emergency Exemption 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes a 

time-limited tolerance for residues of 

fluensulfone, measured as 3,4,4- 

trifluoro-but-3-ene-1-sulfonic acid, 

resulting from use of fluensulfone in or 

on carrots in accordance with the terms 

of an emergency exemption issued 

under section 18 of the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA). This action is in response 

to the issuance of a crisis emergency 

exemption under FIFRA section 18 

authorizing use of the pesticide on 

carrots. This regulation establishes a 

maximum permissible level for residues 

of fluensulfone in or on carrots. The 

time-limited tolerance expires on 

December 31, 2017. 

DATES: This regulation is effective 

March 3, 2016. Objections and requests 

for hearings must be received on or 

before May 2, 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–2015–0475, 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 T. 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 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. 

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