Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations 36803 

evidence obtained on the person’s 

activities; about the identity of 

confidential sources, witnesses, and law 

enforcement personnel; and about 

information that may enable the person 

to avoid being detected or apprehended. 

These factors present a serious 

impediment to effective law 

enforcement when they prevent 

investigators from successfully 

completing the investigation, endanger 

the physical safety of confidential 

sources, witnesses, and law enforcement 

personnel, or lead to improperly 

influencing witnesses, destroying 

evidence, or fabricating testimony. In 

addition, granting access to such records 

could disclose security-sensitive or 

confidential business information or 

information that would constitute an 

unwarranted invasion of the personal 

privacy of third parties. Amending these 

records could allow the subject to avoid 

being detected or apprehended and 

interfere with ongoing investigations 

and law enforcement activities. 

(3) From subsection (e)(1) of 5 U.S.C. 

552a because applying this provision 

could impair investigations and 

interfere with the law enforcement 

responsibilities of the OIG, the Insider 

Threat Office, or another agency for the 

following reasons: 

(i) It is not possible to detect 

relevance or need for specific 

information in the early stages of an 

investigation, case, or matter. After the 

investigators evaluate the information, 

they may establish its relevance and 

need. 

(ii) During an investigation, the 

investigating office may obtain 

information about other actual or 

potential criminal, civil, or 

administrative violations, including 

those outside the scope of its 

jurisdiction. The office should retain 

this information, as it may help 

establish patterns of inappropriate 

activity, and can provide valuable leads 

for Federal and other law enforcement 

agencies. 

(iii) When interviewing individuals or 

obtaining other forms of evidence 

during an investigation, the investigator 

may receive information that relates to 

matters incidental to the primary 

purpose of the investigation but which 

may also relate to matters under the 

investigative jurisdiction of another 

office or agency. The investigator cannot 

readily segregate such information. 

(4) From subsection (e)(4)(G) and (H) 

of 5 U.S.C. 552a because these systems 

are exempt from the access and 

amendment provisions of subsection 

(d), pursuant to subsection (k)(2) of the 

Privacy Act. 

(5) From subsection (f) of 5 U.S.C. 

552a because these systems are exempt 

from the access and amendment 

provisions of subsection (d) of 5 U.S.C. 

552a, pursuant to subsection (k)(2) of 

the Privacy Act. 

Dated: May 29, 2016. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2016–13599 Filed 6–7–16; 8:45 am] 

BILLING CODE 7515–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0300; FRL–9947–35– 

Region 9] 

Completeness Findings for 110(a)(2)(C) 

State Implementation Plan Pertaining 

to the Fine Particulate Matter (PM2.5) 

NAAQS; California; El Dorado County 

Air Quality Management District and 

Yolo-Solano Air Quality Management 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making a finding that 

the State of California has made a 

complete New Source Review (NSR) 

State Implementation Plan (SIP) 

submission for the El Dorado County 

Air Quality Management District 

(EDCAQMD) to address the permitting 

of emissions of particulate matter 2.5 

micrometers (mm) in diameter and 

smaller (PM2.5) from major sources in 

areas designated nonattainment for the 

2006 PM2.5 National Ambient Air 

Quality Standards (NAAQS), as required 

by the Clean Air Act (CAA). In addition, 

the EPA is making a finding that the 

State of California has not made the 

necessary NSR SIP submission for the 

Yolo-Solano Air Quality Management 

District (YSAQMD) to address the 

permitting of PM2.5 emissions from 

major sources in areas designated 

nonattainment for the 2006 PM2.5

NAAQS, as required by the EPA no later 

than December 31, 2014. The EPA is 

making these findings in accordance 

with section 110 and part D of Title I of 

the CAA. 

DATES: The effective date of this rule is 

July 8, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, Air Division (Air–3), 

Environmental Protection Agency, 

Region 9, 75 Hawthorne St., San 

Francisco, CA 94105; telephone (415) 

972–3534; email yannayon.laura@

epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedures 

Act, 5 U.S.C. 553(b)(B), provides that, 

when an agency for good cause finds 

that notice and public procedure are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

The EPA has determined that there is 

good cause for making this rule final 

without prior proposal and opportunity 

for comment because no significant EPA 

judgment is involved in making a 

finding of failure to submit SIPs, or 

elements of SIPs, required by the CAA, 

where states have made no submissions 

to meet the requirement by the statutory 

date. No additional fact gathering is 

necessary. Thus, notice and public 

procedure are unnecessary. The EPA 

finds this constitutes good cause under 

5 U.S.C. 553(b)(B). 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

Table of Contents 

I. Background and Overview 

A. Relevant PM2.5 NAAQS 

B. Revisions to the NSR Program To 

Implement the 2006 PM2.5 NAAQS 

II. This Action 

A. Completeness Determination 

B. Finding of Failure To Submit 

III. Statutory and Executive Order Reviews 

I. Background and Overview 

A. Relevant PM2.5 NAAQS 

On October 17, 2006, the EPA 

promulgated revisions to the NAAQS 

for PM2.5 with an effective date of 

December 18, 2006 (71 FR 61144). With 

these revisions, the EPA lowered the 24- 

hour NAAQS for PM2.5 from 65 mg/m3

to 35 mg/m3, and retained the existing 

annual PM2.5 NAAQS of 15 mg/m3. The 

EPA promulgated designations for the 

2006 PM2.5 NAAQS that became 

effective on December 14, 2009, which 

designated certain areas within the 

jurisdiction of EDCAQMD and 

YSAQMD as nonattainment for the 2006 

PM2.5 NAAQS (74 FR 58688, Nov. 13, 

2009). 

B. Revisions to the NSR Program To 

Implement the 2006 PM2.5 NAAQS 

To implement the PM2.5 NAAQS for 

NSR purposes, the EPA issued a final 

rule that established the NSR permitting 

requirements for PM2.5, entitled 

Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5), on May 16, 2008 (73 FR 28321). 

Among other things, the final rule 


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36804 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations 

amended the NSR regulations to 

establish the minimum elements for 

state and local agencies implementing a 

nonattainment NSR program for major 

sources for the PM2.5 NAAQS. The final 

rule required states to submit SIP 

revisions to address these requirements 

to the EPA by July 15, 2011. 

In 2013, certain provisions of EPA’s 

May 16, 2008 final rule were affected by 

a judicial decision, Natural Resources 

Defense Council (NRDC) v. EPA, 706 

F.3d 428 (D.C. Cir. 2013), in which the 

U.S. Court of Appeals for the D.C. 

Circuit determined that the EPA must 

regulate PM2.5 in nonattainment areas 

under the particulate-matter-specific 

provisions of subpart 4 of part D of Title 

I of the CAA. As a partial response to 

this judicial decision, the EPA finalized 

a rulemaking on June 2, 2014 which, 

among other things, set a new date of 

December 31, 2014 for states to submit 

SIP revisions to address applicable 

nonattainment SIP requirements for 

PM2.5, pursuant to subpart 4 of part D 

of Title I of the CAA. 79 FR 31566. 

Accordingly, states are required to have 

submitted all elements of a 

nonattainment NSR SIP for the 2006 

PM2.5 NAAQS to the EPA by no later 

than December 31, 2014. 

II. This Action 

A. Completeness Determination 

The EPA is making a finding that the 

State of California submitted an NSR 

SIP revision for EDCAQMD to address 

NSR requirements for major sources in 

nonattainment areas for purposes of the 

2006 PM2.5 NAAQS on March 21, 2016, 

which the EPA determined met the 

completeness criteria in 40 CFR part 51, 

appendix V, on March 30, 2016. This 

completeness finding establishes a 12- 

month deadline for EPA to take action 

upon such SIP submission in 

accordance with section 110(k). 

B. Finding of Failure To Submit 

The EPA is making a finding that, as 

of the date of signature for this 

document, the State of California has 

failed to submit the required NSR 

program SIP revision for YSAQMD to 

address NSR requirements for major 

sources in nonattainment areas for 

purposes of the 2006 PM2.5 NAAQS as 

required by December 31, 2014. This 

action will be effective on July 8, 2016. 

If the EPA finds that a state has failed 

to make a required SIP submission or 

that a submitted SIP submission is 

incomplete for elements of a part D, 

Title I plan for nonattainment areas as 

required under section 110(a)(2)(I), then 

CAA section 179(a) establishes specific 

consequences, including the imposition 

of mandatory sanctions for the affected 

area. Additionally, such a finding 

triggers an obligation under CAA 

section 110(c) for the EPA to promulgate 

a Federal Implementation Plan (FIP) no 

later than 2 years from the effective date 

of such finding of failure to submit, if 

the affected state has not submitted, and 

the EPA has not approved, the required 

SIP submission before that date. 

In this case, if the EPA has not 

affirmatively determined that the State 

of California has made the required 

complete NSR program SIP submission 

for YSAQMD to address NSR 

requirements for major sources in 

nonattainment areas for purposes of the 

2006 PM2.5 NAAQS within 18 months of 

the effective date of this rulemaking, 

then, pursuant to CAA section 179(a) 

and (b) and 40 CFR 52.31, the offset 

sanction identified in CAA section 

179(b)(2) will apply in the affected 

nonattainment areas. In addition, if the 

EPA has not affirmatively determined 

that the State has made such a complete 

submission within 6 months after the 

offset sanction is imposed, then the 

highway funding sanction will apply in 

the affected nonattainment areas, in 

accordance with CAA section 179(b)(1) 

and 40 CFR 52.31. The sanctions will 

not take effect, if, within 18 months 

after the effective date of this finding of 

failure to submit, the EPA finds that the 

State has made a complete SIP 

submission addressing the deficiency 

for which the finding was made. 

Additionally, if the State makes the 

required SIP submission and the EPA 

takes final action to approve the 

submission within 2 years of the 

effective date of this finding, the EPA is 

not required to promulgate a FIP for the 

affected nonattainment areas per CAA 

section 110(c). 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ and was, therefore, 

not submitted to the Office of 

Management and Budget (OMB) for 

review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

provisions of the PRA. This final rule 

does not establish any new information 

collection requirement apart from what 

is already required by law. This rule 

relates to the requirement in the CAA 

for states to submit nonattainment NSR 

SIPs for major sources to satisfy certain 

NSR requirements under the CAA for 

the PM2.5 NAAQS. 

C. Regulatory Flexibility Act (RFA) 

I certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities. This action relates to the 

requirement in the CAA for states to 

submit nonattainment NSR SIPs for 

major sources to satisfy certain NSR 

requirements of the CAA for the PM2.5

NAAQS. 

D. Unfunded Mandates Reform Act of 

1995 (UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. The action imposes no 

enforceable duty on any state, local or 

tribal governments or the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rule addresses the 

requirement in the CAA for states to 

submit nonattainment NSR SIPs for 

major sources to satisfy certain NSR 

requirements under the CAA for the 

PM2.5 NAAQS. No tribe is subject to this 

requirement. Thus, Executive Order 

13175 does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern health or 

safety risks that the EPA has reason to 

believe may disproportionately affect 

children, per the definition of ‘‘covered 

regulatory action’’ in section 2–202 of 

the Executive Order. This action is not 

subject to Executive Order 13045 

because it provides EPA’s finding that 

the State of California has failed to make 

a submission for YSAQMD that is 

required under the CAA to implement 

the PM2.5 NAAQS, and does not directly 

or disproportionately affect children. 


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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations 36805 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations. In finding that the State of 

California has failed to submit a SIP to 

address certain basic permitting 

requirements for the PM2.5 NAAQS, for 

YSAQMD, this action does not directly 

affect the level of protection provided 

for human health or the environment. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Judicial Review 

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 August 8, 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 must be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides. 

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

Dated: May 26, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–13491 Filed 6–7–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 1 

[GN Docket No. 12–268, WT Docket Nos. 

14–70, 05–211, RM–11395; FCC 15–80] 

Updating Competitive Bidding Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) 

approved on May 23, 2016, an 

information collection for FCC Form 

611–T, FCC Wireless 

Telecommunications Bureau Annual 

Report Related to Eligibility for 

Designated Entity Benefits and 47 CFR 

1.2110(n) contained in the Report and 

Order, FCC 15–80. This document is 

consistent with the Report and Order, 

which stated that the Commission 

would publish a document in the 

Federal Register announcing OMB 

approval and the effective date of the 

requirements. 

DATES: 47 CFR 1.2110(n), published at 

80 FR 56764 on September 18, 2015 and 

revised FCC Form 611–T, are effective 

on July 8, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams, Cathy.Williams@fcc.gov, (202) 

418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on May 23, 

2016, OMB approved the information 

collection requirements for FCC Form 

611–T, FCC Wireless 

Telecommunication Bureau Annual 

Report Related to Eligibility for 

Designated Entity Benefits and 47 CFR 

1.2110(n) contained in the Report and 

Order, FCC 15–80. The OMB Control 

Number is 3060–1092. If you have any 

comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Cathy Williams, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1092, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to PRA@

fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on May 23, 

2016, for the information collection 

requirements contained in the 

information collection 3060–1092. 

Under 5 CFR 1320, an agency may not 

conduct or sponsor a collection of 

information unless it displays a current, 

valid OMB Control Number. No person 

shall be subject to any penalty for failing 

to comply with a collection of 

information subject to the Paperwork 

Reduction Act that does not display a 

current, valid OMB Control Number. 

The OMB Control Number is 3060– 

1092. The foregoing document is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13, 

October 1, 1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1092. 

OMB Approval Date: May 23, 2016. 

OMB Expiration Date: January 31, 

2017. 

Title: Interim Procedures for Filing 

Applicants Seeking Approval for 

Designated Entity Reportable Eligibility 

Events and Annual Reports. 

Form Number: FCC Form 611–T and 

FCC Form 609–T (only Form 611–T was 

revised with this submission to OMB). 

Respondents: Business or other forprofit entities; Not for Profit Institutions; 

and State, Local or Tribal Government. 

Number of Respondents and 

Responses: 1,100 respondents and 2,750 

responses. 

Estimated Hours per Response: 0.50 

to 6 hours. 

Frequency of Response: On occasion 

and annual reporting requirements. 

Total Annual Burden: 7,288 hours. 

Total Annual Costs: 2,223,375. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in 47 U.S.C. 4(i), 308(b), 

309(j)(3) and 309(j)(4). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality 

required with this collection of 

information. 

Privacy Impact Assessment: No 

impact(s). 

Needs and Uses: On July 20, 2015, the 

Commission released the Part 1 R&O in 

which it updated many of its Part 1 

competitive bidding rules (See Updating 

Part 1 Competitive Bidding Rules; 

Expanding the Economic and 


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