24030 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 

ADDRESSES section of this preamble for 

more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 

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 

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 June 24, 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, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 17, 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(350)(i)(C)(3) and 

(c)(441)(i)(D)(4) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(350) * * * 

(i) * * * 

(C) * * * 

(3) Previously approved on January 

10, 2008 in paragraph(c)(350)(i)(C)(1) of 

this section and now deleted with 

replacement in paragraph 

(c)(441)(i)(D)(4), Rule 4702, ‘‘Internal 

Combustion Engines,’’ amended on 

January 18, 2007. 

* * * * * 

(441) * * * 

(i) * * * 

(D) * * * 

(4) Rule 4702, ‘‘Internal Combustion 

Engines,’’ amended on November 14, 

2013. 

* * * * * 

[FR Doc. 2016–09430 Filed 4–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2015–0852; FRL–9945–40– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; AR; 

Redesignation of the Crittenden 

County, 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On December 10, 2015, the 

State of Arkansas, through the Arkansas 

Department of Environment Quality 

(ADEQ), submitted a request for the 

Environmental Protection Agency (EPA) 

to redesignate the portion of Arkansas 

that is within the Memphis, TennesseeMississippi-Arkansas (Memphis, TNMS-AR) 2008 8-hour ozone 

nonattainment area (hereafter referred to 

as the ‘‘Memphis, TN-MS-AR Area’’ or 

‘‘Area’’) and to approve a State 

Implementation Plan (SIP) revision 

containing a maintenance plan for the 

Area. EPA has determined that the 

Memphis, TN-MS-AR Area is attaining 

the 2008 8-hour ozone national ambient 

air quality standards (NAAQS); is 

approving the State’s plan for 

maintaining attainment of the 2008 8- 

hour ozone NAAQS in the Area, 


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24031 

1On January 20, 2016, ADEQ clarified ADEQ’s 

commitment is to adopt and implement 

contingency measures upon a violation-triggering 

event if it is determined that the violation is caused 

by a source or sources within Crittenden County. 

Clarification Letter from Stuart Spencer to Ron 

Curry, January 20, 2016 (Clarification Letter). A 

copy is contained in the docket for this rulemaking. 

2Arkansas has chosen to allocate a portion of the 

available safety margin to the NOX and VOC MVEBs 

for 2027. ADEQ has allocated 6.29 tpd to the 2027 

NOX MVEB and 1.10 tpd to the 2027 VOC MVEB. 

including the motor vehicle emission 

budgets (MVEBs) for nitrogen oxides 

(NOX) and volatile organic compounds 

(VOC) for the years 2012 and 2027 for 

the Arkansas portion of the Area, into 

the SIP; and is redesignating the 

Arkansas portion of the Area to 

attainment for the 2008 8-hour ozone 

NAAQS. EPA is also notifying the 

public of the status of EPA’s adequacy 

determination for the MVEBs for the 

Arkansas portion of the Memphis, TNMS-AR Area. 

DATES: This rule is effective on May 25, 

2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2015–0852. 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. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley, 214–665–8542, 

riley.jeffrey@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 February 10, 

2016 proposal (81 FR 7046). In that 

document, we proposed to determine 

that the Memphis, TN-MS-AR Area is 

continuing to attain the 2008 8-hour 

ozone NAAQS; to approve and 

incorporate into the Arkansas SIP the 

State’s plan for maintaining attainment 

of the 2008 8-hour ozone standard in the 

Area, including the 2012 and 2027 

MVEBs for NOX and VOC for Arkansas’ 

portion of Memphis, TN-MS-AR Area; 

and to redesignate the Arkansas portion 

of the Area to attainment for the 2008 

8-hour ozone NAAQS. In that notice, 

EPA also notified the public of the 

status of the Agency’s adequacy 

determination for the NOX and VOC 

MVEBs for Arkansas’ portion of the 

Memphis, TN-MS-AR Area. No 

comments were received. The details of 

Arkansas’ submittal and the rationale 

for EPA’s actions are further explained 

in the February 10, 2016 proposal. 

II. What are the effects of these actions? 

Approval of Arkansas’ redesignation 

request changes the legal designation of 

Crittenden County in the Arkansas 

portion of the Memphis, TN-MS-AR 

Area, found at 40 CFR 81.325, from 

nonattainment to attainment for the 

2008 8-hour ozone NAAQS. Approval of 

Arkansas’ associated SIP revision also 

incorporates a plan into the SIP for 

maintaining the 2008 8-hour ozone 

NAAQS in the Arkansas portion of the 

Memphis, TN-MS-AR Area through 

2027. The maintenance plan establishes 

NOX and VOC MVEBs for 2012 and 

2027 for the Crittenden County portion 

of the Memphis, TN-MS-AR Area and 

includes contingency measures1 to 

remedy any future violations of the 2008 

8-hour ozone NAAQS and procedures 

for evaluation of potential violations. 

The MVEBs, in tons per day (tpd) for the 

Arkansas portion of the Memphis, TNMS-AR Area along with the allocations 

from the safety margin, are provided in 

the table below.2

MVEBS FOR THE ARKANSAS PORTION OF THE MEMPHIS, TN-MS-AR AREA

[tpd] 

2012 2027 

NOX VOC NOX VOC 

On-Road Emissions ......................................................................................... 13.04 2.35 5.18 0.98 

Safety Margin Allocated to MVEB ................................................................... N/A N/A 6.29 1.10 

Conformity MVEB ............................................................................................ 13.04 2.35 11.47 2.08 

III. Final Actions 

EPA is taking three separate final 

actions regarding the Memphis, TN-MSAR Area’s redesignation to attainment 

and maintenance of the 2008 8-hour 

ozone NAAQS. First, EPA is 

determining that the Memphis, TN-MSAR Area is continuing to attain the 2008 

8-hour ozone NAAQS. 

Second, EPA is approving and 

incorporating the maintenance plan 

(including the Clarification Letter) for 

the Memphis, TN-MS-AR Area, 

including the NOX and VOC MVEBs for 

2012 and 2027, into the Arkansas SIP. 

The maintenance plan demonstrates 

that the Area will continue to maintain 

the 2008 8-hour ozone NAAQS through 

2027, and the budgets meet all of the 

adequacy criteria contained in 40 CFR 

93.118(e)(4) and (5). 

Third, EPA is determining that 

Arkansas has met the criteria under 

CAA section 107(d)(3)(E) for the 

Memphis, TN-MS-AR Area for 

redesignation from nonattainment to 

attainment for the 2008 8-hour ozone 

NAAQS. On this basis, EPA is 

approving Arkansas’ redesignation 

request for the 2008 8-hour ozone 

NAAQS for the Arkansas portion of the 

Memphis, TN-MS-AR Area. As 

mentioned above, approval of the 

redesignation request changes the 

official designation of Crittenden 

County in the Arkansas portion of the 

Memphis, TN-MS-AR Area for the 2008 

8-hour ozone NAAQS from 

nonattainment to attainment, as found 

at 40 CFR part 81. 

EPA is also notifying the public that 

EPA finds the newly-established NOX

and VOC MVEBs for the Arkansas 

portion of the Memphis, TN-MS–AR 

Area adequate for the purpose of 

transportation conformity. Within 24 

months from this final rule, the 

transportation partners will need to 

demonstrate conformity to the new NOX

and VOC MVEBs pursuant to 40 CFR 

93.104(e)(3). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 


jstallworth on DSK7TPTVN1PROD with RULES
24032 Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 

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 Clean Air 

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 (Public Law 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 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 June 24, 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: April 13, 2014. 

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 E—Arkansas 

■ 2. In § 52.170(e) the third table titled 

‘‘EPA-Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Arkansas SIP’’ is 

amended by adding an entry at the end 

of the table for ‘‘2008 8-hour ozone 

Redesignation Request, Maintenance 

Plan, and Clarification Letter for the 

Crittenden County portion of Memphis, 

TN-AR-MS Nonattainment Area’’ to 

read as follows: 

§ 52.170 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED NON-REGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE ARKANSAS SIP 

Name of SIP provision Applicable geographic or 

nonattainment area 

State 

submittal/ 

effective date 

EPA approval date Explanation 

* * * * * * * 

2008 8-hour ozone Redesignation Request, Maintenance Plan, and Clarification Letter for the 

Crittenden County portion of Memphis, TN-AR-MS 

Nonattainment Area.

Crittenden County portion 

of Memphis, TN-AR-MS 

Nonattainment Area.

12/10/2015 4/25/2016 [Insert Federal 

Register citation].


jstallworth on DSK7TPTVN1PROD with RULES
Federal Register / Vol. 81, No. 79 / Monday, April 25, 2016 / Rules and Regulations 24033 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.304, the table entitled 

‘‘Arkansas-2008 8-Hour Ozone NAAQS 

(Primary and secondary)’’ is amended 

by revising the heading of the entry for 

‘‘Memphis, TN-MS-AR Crittenden 

County’’ to read as follows: 

§ 81.304 Arkansas. 

* * * * * 

ARKANSAS—2008 8-HOUR OZONE NAAQS (PRIMARY AND SECONDARY) 

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

Memphis, TN-MS-AR 2 Crittenden County .......... 4/25/2016 Attainment.

* * * * * * * 

1This date is July 20, 2012, unless otherwise noted. 

2Excludes Indian country located in each area, unless otherwise noted. 

3 Includes any Indian country in each county or area, unless otherwise specified. 

* * * * * 

[FR Doc. 2016–09451 Filed 4–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2016–0002; Internal 

Agency Docket No. FEMA–8431] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact Patricia Suber, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4149. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 


jstallworth on DSK7TPTVN1PROD with RULES