Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations 78981 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under E.O. 13132, Federalism, if it has 

a substantial direct effect 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. We have analyzed 

this rule under that Order and have 

determined that it is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, 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 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. 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. 

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), 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.T14–1030 to read as 

follows: 

§ 165.T14–1030 Security Zone; Kailua Bay, 

Oahu, HI. 

(a) Location. The security zone area is 

located within the Captain of the Port 

(COTP) Zone (See 33 CFR 3.70–10) and 

covers all U.S. navigable waters in the 

Kailua Bay on the west side of a line 

connecting Kapoho Point and 

continuing at a bearing of 227° (true) to 

21°25′11′′ N., 157°44′39′′ W.; as well as 

the nearby channel from its entrance 

near Kapoho Point to a point along the 

channel 150 yards to the south of the N. 

Kalaheo Avenue Road Bridge. This zone 

extends from the surface of the water to 

the ocean floor. This zone will include 

the navigable waters of the channel 

beginning at a point 21°24′56′′ N., 

157°44′58′′ W., then extending to 

21°25′27′′ N., 157°44′21′′ W. (Kapoho 

Point) including all the waters to the 

west of a straight line to 21°25′11′′ N., 

157°44′39′′ W., and extending back to 

the original point 21°24′56′′ N., 

157°44′58′′ W. 

(b) Effective period. 6:00 a.m. (HST) 

on December 18 2015, through 10:00 

p.m. (HST) on January 3, 2016. 

(c) Regulations. The general 

regulations governing security zones 

contained in § 165.33 of subpart D of 

this part apply to the security zone 

created by this temporary regulations. 

(1) All persons are required to comply 

with the general regulations governing 

security zones found in this part. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the COTP. 

(3) Persons desiring to transit the 

security zones identified in paragraph 

(a) of this section may contact the COTP 

at the Command Center telephone 

number (808) 842–2600 and (808) 842– 

2601, fax (808) 842–2642 or on VHF 

channel 16 (156.8 Mhz) to seek 

permission to transit the zones. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the COTP or his 

designated representative and proceed 

at the minimum speed necessary to 

maintain a safe course while in the 

zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the security zone by Federal, State, 

and local agencies. 

(d) Notice of enforcement. The COTP 

will cause notice of the enforcement of 

the security zone described in this 

section to be made by verbal broadcasts 

and written notice to mariners and the 

general public. 

(e) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the security zones described 

in paragraph (a) of this section. 

Dated: November 30, 2015. 

S.N. Gilreath, 

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

Port, Honolulu. 

[FR Doc. 2015–31885 Filed 12–15–15; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0258; FRL–9940–32– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Idaho: 

Interstate Transport of Ozone 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 


asabaliauskas on DSK5VPTVN1PROD with RULES
78982 Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations 

SUMMARY: The Clean Air Act (CAA) 

requires each State Implementation Plan 

(SIP) to contain adequate provisions 

prohibiting air emissions that will have 

certain adverse air quality effects in 

other states. On June 28, 2010, the State 

of Idaho made a submittal to the 

Environmental Protection Agency (EPA) 

to address these requirements. The EPA 

is approving the submittal as meeting 

the requirement that each SIP contain 

adequate provisions to prohibit 

emissions that will contribute 

significantly to nonattainment or 

interfere with maintenance of the 2008 

ozone National Ambient Air Quality 

Standard (NAAQS) in any other state. 

DATES: This final rule is effective 

January 19, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0258. 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 

(CBI) or other information the disclosure 

of which 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 Air Programs Unit, Office of Air, 

Waste and Toxics, EPA Region 10, 1200 

Sixth Avenue, Seattle, WA, 98101. The 

EPA requests that if at all possible, you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. You 

may view the hard copy of the docket 

Monday through Friday, 8:00 a.m. to 

4:00 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at (206) 553–6357, 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background Information 

On October 30, 2015, the EPA 

proposed to approve Idaho’s June 28, 

2010 submittal as meeting the interstate 

transport requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2008 ozone 

NAAQS (80 FR 66862). An explanation 

of the CAA requirements, a detailed 

analysis of the submittal, and the EPA’s 

reasons for approval were provided in 

the notice of proposed rulemaking, and 

will not be restated here. The public 

comment period for this proposed rule 

ended on November 30, 2015. The EPA 

received no comments on the proposal. 

II. Final Action 

The EPA is approving Idaho’s June 28, 

2010 submittal as meeting the CAA 

section 110(a)(2)(D)(i)(I) interstate 

transport requirements for the 2008 

ozone NAAQS. 

III. Statutory and Executive Orders 

Review 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 

this action does not involve technical 

standards; and 

• Does not provide the 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 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 as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 16, 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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: December 8, 2015. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Rules and Regulations 78983 

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 N—Idaho 

■ 2. In § 52.670, the table in paragraph 

(e) is amended by adding the entry 

‘‘Interstate Transport Requirements for 

the 2008 Ozone NAAQS’’ at the end of 

the table to read as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or nonattainment area 

State submittal 

date EPA approval date Comments 

*******

Interstate Transport Requirements for the 2008 Ozone 

NAAQS.

State-wide .............................. 6/28/2010 12/18/2015 [insert Federal 

Register citation].

This action addresses the following CAA elements: 

110(a)(2)(D)(i)(I). 

[FR Doc. 2015–31778 Filed 12–17–15; 8:45 am] 

BILLING CODE 6560–50–P 


asabaliauskas on DSK5VPTVN1PROD with RULES