Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations 53467 

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.T05–0823 to read as 

follows: 

§ 165.T05–0823 Safety Zone, Labor Day 

Long Neck Style Fireworks, Indian River 

Bay; Long Neck, DE. 

(a) Regulated area. The following area 

is a safety zone: all waters of Indian 

River Bay within a 230 yard radius of 

the fireworks launch platform in 

approximate position 38°36′35.8′′ N., 

075°09′04.4′′ W. in Long Neck, DE. 

(b) Regulations. The general safety 

zone regulations found in subpart C of 

this part apply to the safety zone created 

by this section. 

(1) All persons or vessels wishing to 

transit through the Safety Zone must 

request authorization to do so from the 

Captain of the Port or his designated 

representative one hour prior to the 

intended time of transit. 

(2) Vessels granted permission to 

transit must do so in accordance with 

the directions provided by the Captain 

of the Port or his designated 

representative to the vessel. 

(3) To seek permission to transit the 

Safety Zone, the Captain of the Port’s 

representative can be contacted via 

marine radio VHF Channel 16. 

(4) This section applies to all vessels 

wishing to transit through the safety 

zone except vessels that are engaged in 

the following operations: 

(i) Enforcing laws; 

(ii) Servicing aids to navigation; and 

(iii) Emergency response vessels. 

(5) No person or vessel may enter or 

remain in a safety zone without the 

permission of the Captain of the Port; 

(6) Each person and vessel in a safety 

zone shall obey any direction or order 

of the Captain of the Port. 

(c) Definitions. (1) Captain of the Port 

means the Commander, Coast Guard 

Sector Delaware Bay, or any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his behalf. 

(2) Designated representative means 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the Captain of the Port, Delaware 

Bay, to assist in enforcing the safety 

zone described in paragraph (a) of this 

section. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted by Federal, 

State, and local agencies in the patrol 

and enforcement of the zone. 

(e) Enforcement period. This safety 

zone will be effective from 8:00 p.m. 

until 10:00 p.m. on September 6, 2015, 

unless cancelled earlier by the Captain 

of the Port. 

B.A. Cooper, 

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

Port Delaware Bay. 

[FR Doc. 2015–21953 Filed 9–3–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0808; FRL–9932–50– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Infrastructure Requirements for the 

1997 Ozone and the 1997 and 2006 

PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a change to 

the Code of Federal Regulations (CFR) to 

reflect a 2014 EPA approval to a State 

Implementation Plan (SIP) revision to 

regulate greenhouse gases (GHGs) in 

Texas Prevention of Significant 

Deterioration (PSD) permitting program 

and to show that the SIP deficiency 

identified in a prior partial disapproval 

for the 1997 Ozone and the 1997 and 

2006 PM2.5 National Ambient Air 

Quality Standards (NAAQS) has been 

addressed. 

DATES: This rule is effective on 

November 3, 2015 without further 

notice, unless EPA receives relevant 

adverse comment by October 5, 2015. If 

EPA receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2013–0808, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions. 

• Email: Carl Young at young.carl@

epa.gov. 

• Mail or delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2013– 

0808. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute. Do not submit 

electronically any information that you 

consider to be CBI or other information 

whose disclosure is restricted by statute. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that the EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

email comment directly to the EPA 

without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment along with 

any disk or CD–ROM submitted. If the 

EPA cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters and any form of 

encryption and should be free of any 

defects or viruses. 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 information on submitting 

comments, please visit http://

www2.epa.gov/dockets/commentingepa-dockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). 


rmajette on DSK2VPTVN1PROD with RULES
53468 Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: Carl 

Young, 214–665–6645, young.carl@

epa.gov. To inspect the hard copy 

materials, please schedule an 

appointment with Mr. Young. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

I. Background 

In an action on April 4, 2008, we 

partially approved and partially 

disapproved the portions of a Texas SIP 

submittal for the 1997 ozone and 1997 

PM2.5 NAAQS pertaining to prevention 

of significant deterioration (PSD) 

permitting (76 FR 81371, December 28, 

2011). Our partial disapproval was 

based on the fact that at the time the 

Texas SIP did not regulate greenhouse 

gases (GHGs) in the PSD permitting 

program. Afterwards Texas revised the 

SIP to regulate GHGs in their PSD 

permitting program. We approved this 

revision in 2014 (79 FR 66626, 

November 10, 2014). Now that Texas 

has a fully approved SIP for PSD 

permitting, the deficiency that led to our 

December 28, 2011 partial disapproval 

has been addressed. However, in our 

approval of the GHG program, we did 

not revise the CFR to reflect that the 

deficiency had been addressed. We are 

correcting that oversight in today’s 

action. 

II. Final Action 

Using our authority under 110(k)(6) of 

the Act, we are finalizing a change to 40 

CFR 52.2270(c) to reflect a 2014 EPA 

approval to a SIP revision to regulate 

GHGs in Texas’ PSD permitting program 

and to show that the SIP deficiency 

identified in our prior partial 

disapproval for the 1997 Ozone and the 

1997 and 2006 PM2.5 NAAQS has been 

addressed. 

EPA is publishing this rule without 

prior proposal because we view this as 

a non-controversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if relevant adverse 

comments are received. This rule will 

be effective on November 3, 2015 

without further notice unless we receive 

relevant adverse comment by October 5, 

2015. If we receive relevant adverse 

comments, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. We will address all 

public comments in a subsequent final 

rule based on the proposed rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

relevant adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

III. 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, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. This action merely revises the 

CFR to reflect a 2014 EPA approval to 

a SIP revision to regulate GHGs in Texas 

PSD permitting program and to show 

that the SIP deficiency identified in a 

prior partial disapproval for the 1997 

Ozone and the 1997 and 2006 PM2.5

National Ambient Air Quality Standards 

(NAAQS) has been addressed. 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 CAA; 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 November 3, 

2015. 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, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: August 26, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 


rmajette on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Rules and Regulations 53469 

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 SS—Texas 

■ 2. The second table in § 52.2270(e) 

titled ‘‘EPA Approved Nonregulatory 

Provisions and Quasi-Regulatory 

Measures in the Texas SIP’’ is amended 

by revising the entry for ‘‘Infrastructure 

and Interstate Transport for the 1997 

Ozone and the 1997 and 2006 PM2.5

NAAQS’’. 

The revision reads as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

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

Name of SIP provision Applicable geographic or 

non-attainment area 

State approval/submittal date 

EPA approval date Comments 

*******

Infrastructure and Interstate 

Transport for the 1997 Ozone 

and the 1997 and 2006 PM2.5

NAAQS.

Statewide ..................................... 12/12/2007, 3/

11/2008, 4/4/

2008, 11/23/

2009 

12/28/2011, 76 FR 81371 Approval for CAA elements 110(a)(2)(A), (B), 

(E), (F), (G), (H), (K), 

(L), and (M). Full approval for CAA elements 

110(a)(2)(C), (D)(i)(II), 

(D)(ii) and (J) with approval of the GHG PSD 

revision (11/10/2014, 79 

FR 66626). 

* * * * * * * 

[FR Doc. 2015–22035 Filed 9–3–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0114; FRL–9931–18] 

Oxathiapiprolin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 

oxathiapiprolin in or on multiple 

commodities that are identified and 

discussed later in this document. E.I. du 

Pont de Nemours and Company 

(‘‘Dupont’’) requested these tolerances 

under the Federal Food, Drug, and 

Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 4, 2015. Objections and 

requests for hearings must be received 

on or before November 3, 2015, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0114, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0114 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before November 3, 2015. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 


rmajette on DSK2VPTVN1PROD with RULES