Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Rules and Regulations 58849 

instructions of the COTP or his 

designated representative and proceed 

at the minimum speed necessary to 

maintain a safe course while in the 

zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the security zone by Federal, State, 

and local agencies. 

(d) Notice of enforcement. The COTP 

will cause notice of the enforcement of 

the security zone described in this 

section to be made by verbal broadcasts 

and written notice to mariners and the 

general public. 

(e) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the security zone described in 

paragraph (a) of this section. 

Dated: August 16, 2016. 

M.C. Long, 

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

Port, Honolulu. 

[FR Doc. 2016–20530 Filed 8–25–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2015–0402; FRL–9945–13– 

Region 1] 

Air Plan Approval; Rhode Island; 

Infrastructure State Implementation 

Plan Requirements for Particle Matter, 

Ozone, Lead, Nitrogen Dioxide and 

Sulfur Dioxide 

Correction 

In rule document 2016–08913, 

appearing on pages 23175–23180 in the 

issue of Wednesday, April 20, 2016, 

make the following correction: 

On page 23177, in the first column, in 

the first paragraph following the table, 

lines 1–23, should read as follows: 

In the above table, the key is as follows: 

A Approve 

A* Approve, but conditionally approve 

aspect of PSD program relating to the 

identification of NOX as a precursor for 

ozone and addressing the changes made to 

40 CFR part 51.116 in EPA’s October 20, 

2010 rulemaking (75 FR 64864) concerning 

emissions of fine particulate. 

D Disapprove, but no further action 

required because federal regulations 

already in place. 

+ Not germane to infrastructure SIPs. 

NI Not included in the September 10, 2008 

(PM2.5), January 2, 2013 (ozone and NO2), 

and May 30, 2013 (SO2) submittals which 

are the subject of today’s action. 

NT Not taking action in today’s action. 

NS No Submittal. 

NA Not applicable. 

[FR Doc. C1–2016–08913 Filed 8–25–16; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2016–0320; FRL–9951–49– 

Region 2] 

Partial Approval and Partial 

Disapproval of Air Quality 

Implementation Plans; New York; 

Interstate Transport Infrastructure SIP 

Requirements for the 2008 Ozone 

NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is partially approving and 

partially disapproving elements of a 

New York State Implementation Plan 

(SIP) submittal pertaining to the 

infrastructure requirements of section 

110 of the Clean Air Act (CAA) for the 

2008 ozone National Ambient Air 

Quality Standard (NAAQS). The 

infrastructure requirements are designed 

to ensure that the structural components 

of each state’s air quality management 

program are adequate to meet the state’s 

responsibilities under the CAA. This 

action pertains specifically to 

infrastructure requirements concerning 

interstate transport provisions. 

DATES: This rule is effective on 

September 26, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2016–0320. 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. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

for additional information. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin, 212–637–3702, 

fradkin.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

I. Background 

II. What action did EPA propose on the SIP 

submission? 

III. What comments did EPA receive in 

response to its proposal? 

IV. What action is EPA taking? 

V. What are the consequences of a 

disapproved SIP? 

VI. Statutory and Executive Order Reviews 

I. Background 

This rulemaking addresses CAA 

section 110(a)(2)(D)(i) requirements in 

New York’s infrastructure SIP submitted 

on April 4, 2013 to address applicable 

infrastructure requirements with respect 

to the 2008 ozone NAAQS. 

The requirement for states to make a 

SIP submission of this type arises out of 

CAA section 110(a)(1). Pursuant to 

section 110(a)(1), states must make SIP 

submissions ‘‘within 3 years (or such 

shorter period as the Administrator may 

prescribe) after the promulgation of a 

national primary ambient air quality 

standard (or any revision thereof),’’ and 

these SIP submissions are to provide for 

the ‘‘implementation, maintenance, and 

enforcement’’ of such NAAQS. The 

statute directly imposes on states the 

duty to make these SIP submissions, 

and the requirement to make the 

submissions is not conditioned upon 

EPA’s taking any action other than 

promulgating a new or revised NAAQS. 

Section 110(a)(2) includes a list of 

specific elements that ‘‘[e]ach such 

plan’’ submission must address. EPA 

commonly refers to such state plans as 

‘‘infrastructure SIPs.’’ In particular, 

section 110(a)(2)(D)(i)(I) requires SIPs to 

include provisions prohibiting any 

source or other type of emissions 

activity in one state from contributing 

significantly to nonattainment of the 

NAAQS (commonly referred to as prong 

1), or interfering with maintenance of 

the NAAQS (prong 2), in any another 

state. Section 110(a)(2)(D)(i)(II) requires 

SIPs to include provisions prohibiting 

any source or other type of emissions 

activity in one state from interfering 

with measures required to prevent 

significant deterioration (PSD) of air 

quality (prong 3) and to protect 

visibility (prong 4) in another state. This 

rulemaking addresses prongs 1, 2, and 4 

of CAA section 110(a)(2)(D)(i). EPA will 

address the other portions of the April 

4, 2013 infrastructure SIP submittal, 

including prong 3 pertaining to CAA 

section 110(a)(2)(D)(i)(II), in another 

action. 

II. What action did EPA propose on the 

SIP submission? 

The proposed rulemaking associated 

with this final action was published on 

June 21, 2016 (81 FR 40229). In that 

action, EPA proposed to disapprove the 

portions of New York’s April 4, 2013 


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