Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 56555 

Bypass which extends due south from the opening at ramp 44, running continuously behind the dunes until 

the bypass connects with the beach. 

Interdunal route (‘‘Inside Road’’) from intersection with Lighthouse Road (i.e. ramp 44) to ramp 49, with 

one spur route from the interdunal route to ramp 48. 

Just east of Ramp 48 to east Frisco boundary. 

A soundside ORV access route from Museum Drive to Pamlico Sound near Coast Guard Station Hatteras 

Inlet. 

Pole Road from Museum Drive to Spur Road to Pamlico Sound, with one spur route, commonly known as 

Cable Crossing, to Pamlico Sound and four spur routes to the ORV route below. 

Ramp 55 southwest along the ocean beach for 1.6 miles, ending at the intersection with the route commonly known as Bone Road. 

Seasonal: Open to ORV use October 15 through April 14.0.1 mile south of Rodanthe Pier to 1.5 mile south of ramp 23. 

1.0 mile north of ramp 34 to ramp 38 (Avon). 

East Frisco boundary to west Frisco boundary (Frisco village beach). 

East Hatteras boundary to ramp 55 (Hatteras village beach). 

Ocracoke Island—Designated Routes 

Year Round ..................................... Ramp 59 to just southwest of ramp 63. 

Routes from NC Highway 12 to Pamlico Sound located north of the Pony Pens, commonly known as 

Prong Road, Barrow Pit Road, and Scrag Cedar Road. 

1.0 mile northeast of ramp 67 to 0.5 mile northeast of ramp 68. 

0.4 miles northeast of ramp 70 to Ocracoke inlet. 

From ramp 72 to a pedestrian trail to Pamlico Sound, commonly known as Shirley’s Lane. 

Seasonal: October 15 through April 

14.

0.5 mile northeast of ramp 68 to ramp 68 (Ocracoke Campground area). 

Seasonal: September 15 through 

March 14.

A route 0.6 mile south of ramp 72 from the beach route to a pedestrian trail to Pamlico Sound. 

A route at the north end of South Point spit from the beach route to Pamlico Sound. 

* * * * * 

(12) Night-Driving Restrictions/Hours 

of ORV Operation. 

(i) Hours of operation and nightdriving restrictions are listed in the 

following table: 

Hours Of Operation/Night Driving Restrictions 

November 16–April 30 .................... All designated ORV routes are open 24 hours a day. 

May 1–September 14 ..................... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are 

closed at 9 p.m. and open no earlier than 6:00 a.m. The Seashore will publish exact opening times on 

an annual basis. 

September 15–November 15 .......... Designated ORV routes in sea turtle nesting habitat (ocean intertidal zone, ocean backshore, dunes) are 

closed at 9 p.m. and open no earlier than 6:00 a.m., but the Superintendent may open designated ORV 

routes, or portions of the routes, 24 hours a day if no turtle nests remain. The Seashore will publish 

exact opening times on an annual basis. 

* * * * * 

Dated: August 4, 2016. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2016–19844 Filed 8–19–16; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0642; FRL–9950–90– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Minor New Source Review 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) proposes to approve the 

state implementation plan (SIP) revision 

submitted by the Commonwealth of 

Virginia on July 15, 2013 pertaining to 

preconstruction permitting 

requirements under Virginia’s minor 

New Source Review (NSR) program. In 

the Rules and Regulations section of this 

Federal Register, EPA is approving the 

State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. Additionally, a more detailed 

description of the state submittal and 

EPA’s evaluation is included in a 

technical support document (TSD) 

prepared in support of this rulemaking 

action. A copy of the TSD is available, 

upon request, from the EPA Regional 

Office listed in the ADDRESSES section of 

this document or is also available 

electronically within the Docket for this 

rulemaking action at 

www.regulations.gov. If no adverse 

comments are received in response to 

this action, no further activity is 

contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by September 21, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2015–0642 at http://

www.regulations.gov, or via email to 

campbell.dave@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 


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56556 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules 

Regulations.gov. For either manner of 

submission, the 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the Rules and Regulations 

section of this Federal Register 

publication. 

Dated: August 9, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

[FR Doc. 2016–19768 Filed 8–19–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2016–0285; A–1–FRL– 

9951–07–Region 1] 

Air Plan Approval; New Hampshire; 

Rules for Reducing Particulate 

Emissions 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the State of New 

Hampshire on March 31, 2011 and on 

July 23, 2013. These SIP revisions 

establish particulate matter (PM) and 

visible emissions (VE) standards for the 

following sources: foundries, smelters, 

and investment casting operations; hot 

mix asphalt plants; and sand and gravel 

sources, non-metallic mineral 

processing plants, and cement and 

concrete sources. In addition, EPA is 

proposing to approve a part of a SIP 

revision submitted by New Hampshire 

on March 12, 2003 that establishes 

procedures for testing opacity of 

emissions (i.e., VE). This action is being 

taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before September 21, 

2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2016–0285 at http://

www.regulations.gov, or via email to 

Arnold.Anne@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the 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, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For 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: 

Alison C. Simcox, Air Quality Planning 

Unit, Air Programs Branch (Mail Code 

OEP05–02), U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, Suite 100, Boston, 

Massachusetts 02109–3912; (617) 918– 

1684; simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

II. EPA’s Evaluation of New Hampshire’s SIP 

Revisions 

III. Proposed Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 31, 2011, New Hampshire 

Department of Environmental Services 

(NH DES) submitted a State 

Implementation Plan (SIP) revision, 

which included a regulation entitled 

‘‘Sand and Gravel Sources; Non-Metallic 

Mineral Processing Plants; Cement and 

Concrete Sources’’ (New Hampshire 

Code of Administrative Rules Chapter 

(Env-A 2800)). 

On July 23, 2013, NH DES submitted 

SIP revisions which included the 

following three regulations: ‘‘Particulate 

Matter and Visible Emissions 

Standards’’ (Env-A 2100); ‘‘Ferrous and 

Non-Ferrous Foundries, Smelters, and 

Investment Casting Operations’’ (Env-A 

2400); and ‘‘Hot Mix Asphalt Plants’’ 

(Env-A 2700). 

The four submitted regulations (EnvA 2100, 2400, 2700, and 2800) state that 

opacity shall be determined in 

accordance with test methods 

established in Env-A 807. On March 12, 

2003, the NH DES submitted Env-A 800, 

‘‘Testing and Monitoring Procedures,’’ 

which included Part Env-A 807. On 

November 5, 2012, EPA approved EnvA 800 as submitted in March 2003 and 

revised on July 9, 2007. Although the 

March 2003 submittal included Env-A 

807, the July 2007 submittal did not. 

The November 2012 approval did not 

take action with regard to Env-A 807. 

See 77 FR 66388. Therefore, Env-A 807 

submitted on March 12, 2003 is still 

pending before EPA. 

Two of the submitted regulations 

(Env-A 2100 and 2400) included 

affirmative defense provisions for 

malfunction, which is defined as a 

sudden and unavoidable breakdown of 

process or control equipment. The New 

Hampshire regulations were submitted 

to EPA after EPA issued a start-up, shutdown, and malfunction (SSM) SIP Call 

proposal in February 2013 (78 FR 

12460), which would have allowed 

narrowly drawn affirmative defense 

provisions in SIPs for malfunction. 

However, following issuance of our SIP 

Call proposal, a federal court ruled that 

the Clean Air Act precludes authority of 

the EPA to create affirmative defense 

provisions. EPA, therefore, believes that 

it cannot approve affirmative defense 

provisions in SIP submissions, even 

narrowly tailored ones for periods of 

malfunction (See NRDC v EPA, 749 F.3d 

1055 (D.C. Circuit 2014)). As a result of 

the court decision, we issued a 

supplemental notice of proposed 

rulemaking (SNPR) on September 17, 

2014 (79 FR 55920) that rescinded our 


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