Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations 65159 

Move Update 

[Delete DMM reference 283.3.5] 

* * * * * 

B 

* * * * * 

Bundles of Parcels 

* * * * * 

sacks 

[Delete the ‘‘First-Class Package 

Service’’ line under ‘‘sacks’’.] 

* * * * * 

D 

* * * * * 

Documentation 

* * * * * 

commercial parcels 

[Delete the ‘‘First-Class Package 

Service’’ line under ‘‘commercial 

parcels’’.] 

* * * * * 

E 

* * * * * 

Entry 

* * * * * 

commercial parcels 

[Revise ‘‘First-Class Mail’’ to read as 

‘‘First-Class Package Service’’.] 

* * * * * 

F 

* * * * * 

First-Class Package Service, 

Commercial Parcels 

[Revise the index of ‘‘First-Class 

Package Service’’, commercial parcels to 

read as follows:] 

combined with other classes of mail, 

703.9.0 

computing postage, 283.1.1 

content standards, 283.2.0 

deposit of, 286.1.0 

documentation, 284.3.0 

eligibility standards, 283 

incidental enclosure with another class 

of mail, 703.9.5 

mail preparation, 285 

markings required on each mailpiece 

general, 202.1.0 

postage payment methods, 284 

postage statements, 284.2.0 

price eligibility, 283.4.0 

size, 201.8.3 

surcharge, 283.1.4 

undeliverable mail, 507.1.5.1 

weight, 201.8.3.1 

ZIP Code accuracy, 283.3.5 

* * * * * 

L 

Labels 

* * * * * 

sacks and trays 

* * * * * 

commercial parcels 

[Delete the ‘‘First-Class Package 

Service’’ line under ‘‘commercial 

parcels’’.] 

* * * * * 

M 

* * * * * 

Mailing Fees 

* * * * * 

commercial parcels 

[Delete the ‘‘First-Class Package 

Service’’ line under ‘‘commercial 

parcels’’.] 

* * * * * 

Move Update Standard 

[Delete DMM reference 283.3.5 from 

the ‘‘commercial parcels’’ line.] 

* * * * * 

P 

* * * * * 

Parcel Select 

* * * * * 

mail preparation 

[Delete the ‘‘NDC Presort prices on 

pallets’’ and ‘‘ONDC Presort prices’’ 

lines under ‘‘mail preparation’’.] 

* * * * * 

price eligibility 

[Delete the ‘‘NDC Presort prices’’ and 

‘‘ONDC Presort prices’’ lines under 

‘‘price eligibility’’.] 

* * * * * 

Presort Verification 

* * * * * 

commercial parcels 

[Delete the ‘‘First-Class Package 

Service’’ line under ‘‘commercial 

parcels’’.] 

* * * * * 

Priority Mail 

* * * * * 

[Delete the ‘‘Critical Mail’’ line under 

‘‘Priority Mail’’.] 

* * * * * 

S 

Sacks 

[Delete the ‘‘First-Class Package 

Service’’ line under ‘‘sacks’’.] 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Stanley F. Mires, 

Attorney, Federal Compliance. 

[FR Doc. 2015–26920 Filed 10–23–15; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R02–OAR–2015–0509; FRL–9936–09– 

Region 2] 

Approval and Promulgation of State 

Plans for Designated Facilities; New 

York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency is approving a request from the 

State of New York that EPA withdraw 

its approval of a provision of the New 

York State plan that implements and 

enforces the Emission Guidelines for 

existing sewage sludge incineration 

units. This action withdraws the EPA’s 

approval of a provision of the State 

sewage sludge incineration plan 

allowing for affirmative defenses of 

Clean Air Act violations in the case of 

malfunctions. No other provision in the 

State plan is affected by this action. 

DATES: This rule is effective on 

November 25, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2015–0509. 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, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either at www.regulations.gov 

or at the Environmental Protection 

Agency, Region 2 Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. The EPA 

requests, if at all possible, that you 

contact the individual in the FOR

FURTHER INFORMATION CONTACT section to 

view the docket. The Regional Office’s 

official hours of business are Monday 

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

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Anthony (Ted) Gardella 

(gardella.anthony@epa.gov), Air 

Programs Branch, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, New York 1007–1866, 

(212) 637–3892. 

SUPPLEMENTARY INFORMATION: 

I. What action is the EPA taking? 

The EPA is approving a request from 

the State of New York that EPA 


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65160 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations 

withdraw its approval of an affirmative 

defense provision in New York State’s 

sewage sludge incineration (SSI) plan, 

based on a letter submitted by New York 

on January 27, 2015. New York State 

submitted the State SSI plan for EPA 

approval on July 1, 2013 to fulfill the 

requirements of sections 111(d) and 129 

of the Clean Air Act (CAA). The EPA 

approved the proposed State SSI plan 

on June 11, 2014 (79 FR 33456). The 

State SSI plan adopts and implements 

the emission guidelines (EG) set forth at 

Title 40 part 60 subpart MMMM of the 

Code of Federal Regulations (CFR) and 

is applicable to existing SSI units and 

establishes air emission limits and other 

requirements. Existing SSI units are 

units constructed on or before October 

14, 2010. 

II. Which provision of the State SSI 

plan is EPA withdrawing approval of? 

New York State requested that the 

EPA withdraw its approval of a 

provision in the State SSI plan that 

allows for an affirmative defense by an 

owner/operator of an affected SSI unit 

for violations of air emissions or other 

requirements of the State’s plan in the 

event of malfunction(s) of the SSI unit. 

The EPA’s withdrawal of its prior 

approval, once finalized and effective, 

results in the removal of the affirmative 

defense provision from the federallyenforceable State SSI plan while 

maintaining the federal enforceability of 

the remainder of the State SSI plan for 

covered SSI units located in New York 

State. 

New York’s State SSI plan adopted by 

reference all the applicable 

requirements of the EPA’s SSI EG, 

including the affirmative defense 

provisions at § 60.5181, into its State 

plan at Part 200 of Title 6 of the New 

York Code of Rules and Regulations 

(6NYCRR) of the State of New York, 

entitled ‘‘General Provisions.’’ 

For further details concerning today’s 

action, the reader is referred to the 

EPA’s proposed rule published in the 

Federal Register on August 24, 2015 (80 

FR 51170). 

III. What comments were received on 

the proposed approval and how has the 

EPA responded to them? 

There were no comments received on 

EPA’s proposed rulemaking (80 FR 

51170, August 24, 2015) regarding the 

EPA’s withdrawal of its prior approval 

of the affirmative defense provision in 

New York State’s SSI plan. The 30-day 

public comment period on EPA’s 

proposed approval ended on September 

23, 2015. 

IV. What is the EPA’s Conclusion? 

The EPA has evaluated New York’s 

January 27, 2015 request for consistency 

with the CAA, as well as the EPA’s 

regulations and policy. Therefore, the 

EPA is approving to withdraw its 

approval of the affirmative defense 

provision of New York’s State SSI plan, 

which the EPA approved on June 11, 

2014 (79 FR 33456) as part of New 

York’s sections 111(d) and 129 State SSI 

plan for existing sewage sludge 

incineration units. No other provisions 

in the New York State SSI plan is 

affected by this approval. 

The EPA has determined that New 

York State’s SSI plan will continue to 

meet all the applicable approval criteria 

if EPA withdraws its approval of the 

affirmative defense provision. First, the 

removal of the affirmative defense 

provision is consistent with the DC 

Circuit’s decision in Natural Resources 

Defense Council v. Environmental 

Protection Agency, 749 F3d 1055 (D.C. 

Cir. April 18, 2014), as described in the 

EPA’s proposed rulemaking (80 FR 

51170, August 24, 2015). Second, a state 

plan must be at least as protective as the 

emissions guidelines promulgated by 

the EPA, and the removal of the 

affirmative defense provision from the 

approved state plan does not render the 

plan less protective, as it removes a 

potential defense to a violation resulting 

from a malfunction. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a 111(d)/129 plan 

submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 40 CFR 62.04. Thus, 

in reviewing 111(d)/129 plan 

submissions, 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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). 

The 111(d)/129 plan 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 Nation Land, 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 

(65FR67249, 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 December 28, 

2015. 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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations 65161 

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 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Aluminum, 

Fertilizers, Fluoride, Intergovernmental 

relations, Paper and paper products 

industry, Phosphate, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Sulfur acid plants, Waste 

treatment and disposal. 

Dated: October 14, 2015. 

Judith A. Enck, 

Regional Administrator, Region 2. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Section 62.8108 is amended by 

adding paragraphs (d) and (e) to read as 

follows: 

§ 62.8108 Identification of plan. 

* * * * * 

(d) On January 27, 2015, the New 

York State Department of 

Environmental Conservation (NYSDEC) 

submitted to the Environmental 

Protection Agency (EPA) a request to 

revise its section 111(d)/129 plan for 

implementation and enforcement of 40 

CFR part 60, subpart MMMM— 

Emission Guidelines and Compliance 

Times for Existing Sewage Sludge 

Incineration (SSI) Units submitted on 

July 1, 2013 and approved by the EPA 

on June 11, 2014 (79 FR 33456). 

NYSDEC’s January 27, 2015 revision 

consisted of a request that EPA 

withdraw its June 11, 2013 approval of 

the affirmative defense provision as part 

of its State SSI plan, submitted to EPA 

for approval on July 1, 2013. 

(e) The effective date of EPA’s 

approval of NYSDEC’s revised plan for 

existing sewage sludge incineration 

units is November 25, 2015. 

[FR Doc. 2015–27166 Filed 10–23–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2015–0001] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Dated: October 8, 2015. 

Roy E. Wright, 

Deputy Associate Administrator for Insurance 

and Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 


asabaliauskas on DSK5VPTVN1PROD with RULES