7706 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 

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. This rule involves a safety 

zone lasting less than 4 days that will 

prohibit entry within 1500 feet of the M/ 

V SS DEL MONTE along the James 

River. 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. 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), 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, 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0701 to read as 

follows: 

165.T05–0202 Safety Zone, James River; 

Newport News, VA. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector Hampton Roads. 

Representative means any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

Participants mean individuals and 

vessels involved in explosives training. 

(b) Locations. The following area is a 

safety zone: 

(1) All waters in the vicinity of the of 

the James River Reserve Fleet, in the 

James River, within a 1500 foot radius 

of the M/V SS DEL MONTE in 

approximate position 37°06′11′′ N., 

076°38′40′′ W. (NAD 1983). 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing safety zones in 

§ 165.23 of this part. 

(2) With the exception of participants, 

entry into or remaining in this safety 

zone is prohibited unless authorized by 

the Captain of the Port, Hampton Roads 

or his designated representatives. 

(3) All vessels underway within this 

safety zone at the time it is implemented 

are to depart the zone immediately. 

(4) The Captain of the Port, Hampton 

Roads or his representative can be 

contacted at telephone number (757) 

668–5555. 

(5) The Coast Guard and designated 

James River Reserve Fleet security 

vessels enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(6) This section applies to all persons 

or vessels wishing to transit through the 

safety zone except participants and 

vessels that are engaged in the following 

operations: 

(i) Enforcing laws; 

(ii) Servicing aids to navigation; and 

(iii) Emergency response vessels. 

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

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Enforcement period. This rule will 

be enforced from 8 a.m. on February 29, 

2016 through 4 p.m. on March 4, 2016. 

Dated: January 13, 2016. 

Christopher S. Keane, 

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

Port Hampton Roads. 

[FR Doc. 2016–03090 Filed 2–12–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2015–0670; FRL–9942–31– 

Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 2008 

Ozone NAAQS Interstate Transport for 

Colorado, Montana, North Dakota and 

South Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving State 

Implementation Plan (SIP) submissions 

from the states of Colorado, Montana, 

North Dakota and South Dakota that are 

intended to demonstrate that the SIP for 

each respective state meets certain 

interstate transport requirements of the 

Clean Air Act (Act or CAA) for the 2008 

8-hour ozone National Ambient Air 

Quality Standards (NAAQS). These 

submissions address the requirement 

that each SIP contain adequate 

provisions prohibiting air emissions that 

will have certain adverse air quality 

effects in other states. The EPA is 

approving these SIPs for all four states 

as containing adequate provisions to 

ensure that air emissions in the states do 

not significantly contribute to 

nonattainment or interfere with 

maintenance of the 2008 8-hour ozone 

NAAQS in any other state. 

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Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 7707 

DATES: This final rule is effective on 

March 17, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2015–0670. All documents in the docket 

are listed on the http://

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., 

Confidential Business Information or 

other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

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 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, 

Colorado, 80202–1129. EPA requests 

that 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: 

Adam Clark, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–7104, clark.adam@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 23, 2015, the EPA 

proposed to approve submittals from 

Colorado, Montana, North Dakota and 

South Dakota as meeting the interstate 

transport requirements of CAA section 

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

NAAQS (80 FR 72937). An explanation 

of the CAA requirements, a detailed 

analysis of the states’ submittals, and 

the EPA’s rationale for approval of each 

submittal were all provided in the 

notice of proposed rulemaking, and will 

not be restated here. The public 

comment period for this proposed rule 

ended on December 23, 2015. The EPA 

received no comments on the proposal. 

II. Final Action 

The EPA is approving the following 

submittals as meeting the interstate 

transport requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2008 8-hour 

ozone NAAQS: Colorado’s December 31, 

2012 submission; Montana’s January 3, 

2013 submission; North Dakota’s March 

8, 2013 submission; and South Dakota’s 

May 30, 2013 submission. This action is 

being taken under section 110 of the 

CAA. 

III. 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 actions, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law provisions 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 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP does not 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. 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 April 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

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

Dated: January 25, 2016. Signed: 

Debra H. Thomas, 

Acting Regional Administrator, Region 8. 

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. 

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7708 Federal Register / Vol. 81, No. 30 / Tuesday, February 16, 2016 / Rules and Regulations 

Subpart G—Colorado 

■ 2. Section 52.352 is amended by 

adding paragraph (d) to read as follows: 

§ 52.352 Interstate transport. 

* * * * * 

(d) Addition to the Colorado State 

Implementation Plan of the Colorado 

Interstate Transport SIP regarding 2008 

Ozone Standards for both of the CAA 

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

submitted to EPA on December 31, 

2012. 

Subpart BB—Montana 

■ 3. Section 52.1393 is amended by 

adding paragraph (c) to read as follows: 

§ 52.1393 Interstate transport 

requirements. 

* * * * * 

(c) EPA is approving both elements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2008 ozone NAAQS, which was 

submitted to EPA on January 3, 2013. 

Subpart JJ—North Dakota 

■ 4. Section 52.1833 is amended by 

adding paragraph (e) to read as follows: 

§ 52.1833 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(e) EPA is approving both elements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2008 ozone NAAQS, which was 

submitted to EPA on March 8, 2013. 

Subpart QQ—South Dakota 

■ 5. Section 52.2170, paragraph (e), is 

amended by adding the entry ‘‘XIX. 

Section 110(a)(2)(D)(i)(I) Infrastructure 

Requirements for the 2008 8-hour Ozone 

NAAQS’’ to read as follows: 

§ 52.2170 Identification of plan. 

* * * * * 

(e) * * * 

Rule title State effective 

date 

EPA Effective 

date Final rule citation, date Comments 

*******

XIX. Section 110(a)(2)(D)(i)(I) Interstate Transport 

Requirements for the 2008 8-hour Ozone 

NAAQS.

5/21/13 3/2/15 80 FR 4799, 1/29/15 

[FR Doc. 2016–02959 Filed 2–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2015–0840; FRL–9942–39– 

Region 7] 

Approval of Iowa’s State 

Implementation Plan (SIP); Electronic 

Reporting Consistent With the CrossMedia Electronic Reporting Rule 

(CROMERR) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a SIP 

revision submitted by the State of Iowa. 

The revision pertains to the approval of 

Iowa’s CROMERR submission which 

was published in the Federal Register 

on December 9, 2015, and will revise 

the Iowa SIP to provide for electronic 

submittal of emission inventory data. 

DATES: This direct final rule will be 

effective April 18, 2016, without further 

notice, unless EPA receives adverse 

comment by March 17, 2016. If EPA 

receives adverse comment, we will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2015–0840, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

Hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. 

I. Background 

On November 4, 2008, Iowa submitted 

several revisions to EPA for approval 

into the SIP. On December 30, 2009, 

EPA took direct final action to approve 

the revisions to the SIP. (74 FR 68692). 

However, EPA did not act on several 

state administrative regulations that 

provided for electronic submittal of 

emissions inventory information, 

construction permit applications, and 

Title V operating permit applications, as 

Iowa had not obtained approval of its 

electronic document receiving system as 

required by the Cross-Media Electronic 

Reporting Rule (CROMERR) found at 40 

CFR part 3 (70 FR 59848). Therefore, 

EPA did not take action on the 

electronic emissions inventory 

submittal provisions of Iowa 

Administrative Code (IAC) 567–21.1(3). 

On December 9, 2015, EPA approved 

Iowa’s CROMERR application for 

electronic reporting of emissions 

information through its State and Local 

Emissions Inventory System (SLEIS). 

(80 FR 76474). Accordingly, EPA is 

approving IAC 567–21–1(3) in to the SIP 

to allow for electronic submittal of 

emissions inventory data. 

II. EPA’s Evaluation 

Section 110(1) of the Federal Clean 

Air Act (CAA) states that each revision 

to an implementation plan submitted by 

a state under this chapter shall be 

adopted by such state after reasonable 

notice and public hearing. In the 

November 4, 2008, submittal for rule 

IAC 567–21.1(3), Iowa provided 

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