7976 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

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 6 hours that will prohibit 

entry within 700 yards on the surface 

and 1400 underwater of vessels and 

machinery being used by Navy 

personnel. 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, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T14–1096 to read as 

follows: 

§ 165. T14–1096 Safety Zone; Navy 

UNDET, Apra Outer Harbor, GU. 

(a) Location. The following areas, 

within the Guam Captain of the Port 

(COTP) Zone (See 33 CFR 3.70–15), 

from the surface of the water to the 

ocean floor, are safety zones: 

(1) Seven-hundred-yard-radius-zone. 

All surface waters bounded by a circle 

with a 700-yard radius centered at 13 

degrees 27 minutes 42 seconds North 

Latitude and 144 degrees 38 minutes 30 

seconds East Longitude, (NAD 1983). 

(2) Fourteen-hundred-yard-radiuszone. All underwater areas bounded by 

a circle with a 1400 yard radius 

centered at 13 degrees 27 minutes 42 

seconds North Latitude and 144 degrees 

38 minutes 30 seconds East Longitude, 

(NAD 1983). 

(b) Effective period. This section is 

effective from 10 a.m. through 4 p.m. on 

February 19, 2016. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23 apply. No 

vessels may enter or transit safety zone 

(a)(1) and no persons in the water may 

enter or transit safety zone (a)(2) unless 

authorized by the COTP or a designated 

representative thereof. 

(d) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other COTP representative 

permitted by law, may enforce these 

temporary safety zones. 

(e) Waiver. The COTP may waive any 

of the requirements of this section for 

any person, vessel, or class of vessel 

upon finding that application of the 

safety zone is unnecessary or 

impractical for the purpose of maritime 

security. 

(f) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: January 27, 2016. 

James B. Pruett, 

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

Port, Guam. 

[FR Doc. 2016–03224 Filed 2–16–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0431; FRL–9942–29– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico/

Albuquerque-Bernalillo County; 

Infrastructure and Interstate Transport 

State Implementation Plan for the 2010 

Sulfur Dioxide National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submission 

from the Governor of New Mexico for 

the City of Albuquerque-Bernalillo 

County for the 2010 Sulfur Dioxide 

(SO2) National Ambient Air Quality 

Standards (NAAQS). The submittal 

addresses how the existing SIP provides 

for implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP for 

Albuquerque-Bernalillo County is 

adequate to meet the state’s 

responsibilities under the Federal Clean 

Air Act (CAA or Act), including the four 

CAA requirements for interstate 

transport of SO2 emissions. 

DATES: This final rule is effective on 

March 18, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2015–0431. 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. 


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Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 7977 

FOR FURTHER INFORMATION CONTACT: 

Tracie Donaldson, 214–665–6633, 

donaldon.tracie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our November 12, 

2015 Proposal (80 FR 69925). In that 

notice, we proposed that the 

Albuquerque-Bernalillo County New 

Mexico i-SIP submittal for the 2010 SO2

NAAQS met the requirements for an iSIP, including the requirements for 

interstate transport of SO2 emissions. 

Our Proposal and the technical support 

documents (TSDs) that accompanied the 

proposed rule provide detailed 

descriptions of the revisions and the 

rationale for our proposed decisions. 

Please see the docket for these and other 

documents regarding our Proposal. The 

public comment period for our Proposal 

closed on December 14, 2015. 

II. Comment Received 

We received one comment, which is 

posted in the docket, but is not relevant 

to the subject of this rulemaking. 

III. Final Action 

We are approving the June 11, 2015 iSIP submission from AlbuquerqueBernalillo County New Mexico, which 

address the requirements of CAA 

sections 110(a)(1) and (2) as applicable 

to the 2010 SO2 NAAQS. Specifically, 

we are approving the following 

infrastructure elements: 110(a)(2)(A), 

(B), (C), (D), (E), (F), (G), (H), (J), (K), (L), 

and (M). We are also approving the New 

Mexico-Albuquerque-Bernalillo County 

demonstration as it meets the four 

statutory requirements for interstate 

transport of SO2 emissions. 

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, 

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, 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 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 

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, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Sulfur dioxide (SO2). 

Dated: February 4, 2016. 

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 GG—New Mexico 

■ 2. The second table in § 52.1620(e) 

entitled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the New Mexico SIP’’ is 

amended by adding a new entry at the 

end of the table ‘‘Infrastructure and 

Interstate Transport for the 2010 SO2

NAAQS’’. 

The addition reads as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(e) * * * 


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7978 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

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

Name of SIP provision Applicable geographic 

or nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Infrastructure and Interstate Transport for the 

2010 SO2 NAAQS.

Albuquerque-Bernalillo 

County.

6/11/2015 2/17/16 [Insert FR page 

number where document begins].

[FR Doc. 2016–03117 Filed 2–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2016–0045; FRL–9942–37– 

Region 7] 

Approval of Iowa’s Air Quality 

Implementation Plans; Polk County 

Board of Health Rules and 

Regulations, Chapter V, Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the State Implementation Plan (SIP) for 

the State of Iowa. The purpose of these 

revisions is to update the Polk County 

Board of Health Rules and Regulations, 

Chapter V, Air Pollution. The revisions 

reflect updates to the Iowa statewide 

rules previously approved by EPA and 

will ensure consistency between the 

applicable local agency rules and 

Federally-approved rules. 

DATES: This direct final rule will be 

effective April 18, 2016, without further 

notice, unless EPA receives adverse 

comment by March 18, 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–2016–0045, 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. The 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. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this 

document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

The State of Iowa has requested EPA 

approval of revisions to the local 

agency’s rules and regulations, Chapter 

V, Air Pollution, as a revision to the SIP. 

In order for the local program’s Air 

Pollution rules to be incorporated into 

the Federally-enforceable SIP, on behalf 

of the local agency, the state must 

submit the formally adopted regulations 

and control strategies, which are 

consistent with the state and Federal 

requirements, to EPA for inclusion in 

the SIP. The regulation adoption process 

generally includes public notice, a 

public comment period and a public 

hearing, and formal adoption of the rule 

by the state authorized rulemaking 

body. In this case, that rulemaking body 

is the local agency. After the local 

agency formally adopts the rule, the 

local agency submits the rulemaking to 

the state, and then the state submits the 

rulemaking to EPA for consideration for 

formal action (inclusion of the 

rulemaking into the SIP). EPA must 

provide public notice and seek 

additional public comment regarding 

the proposed Federal action on the 

state’s submission. 

EPA received the request from the 

state to adopt revisions to the local air 

agency rules into the SIP on December 

8, 2015. The revisions were adopted by 

the local agency on October 6, 2015, and 

became effective on October 12, 2015. 

EPA is approving the requested 

revisions to the Iowa SIP relating to the 

following: 

• Article I. In General, Section 5–1. 

Purpose and Ambient Air Quality 

Standards; 

• Article I. In General, Section 5–2. 

Definitions; 

• Article X. Permits, Division 1. 

Construction Permits, Section 5–33. 

Exemptions from Permit Requirements; 

• Article X. Permits, Division 2. 

Operating Permits, Section 5–39. 

Exemptions from Permit Requirement. 

EPA’s action does not cover revisions to: 

• Article VI. Emission of Air 

Contaminants from Industrial Processes, 

New Source Performance Standards, 

Section 5–16(n), 

• Article VIII. National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories, Section 5–16(p), 

and, 

• Article VIII. National Emission 

Standards for Hazardous Air Pollutants 

for Source Categories, Section 5–20. 

EPA is also approving the definition 

of Maximum Achievable Control 

Technology that was inadvertently 

omitted from the January 12, 2015, 

Federal Register notice that approved 

the September 2013 revisions to the 

Polk County Board of Health Rules and 

Regulations, Chapter V, Air Pollution. 

80 FR 1471. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 


asabaliauskas on DSK5VPTVN1PROD with RULES