Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations 39585 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Long Beach 

Bridge, mile 4.7, across Reynolds 

Channel, at Nassau County, New York. 

This temporary deviation is necessary to 

facility public safety during a public 

event, the Annual Fireworks Display. 

DATES: This deviation is effective from 

9:30 p.m. on July 8, 2016 to 11:30 p.m. 

on July 9, 2016. 

ADDRESSES: The docket for this 

deviation, USCG–2016–0533, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Ms. Judy K. 

Leung-Yee, Project Officer, First Coast 

Guard District, telephone (212) 514– 

4330, email Judy.K.Leung-Yee@uscg.mil. 

SUPPLEMENTARY INFORMATION: The bridge 

owner, Nassau County Department of 

Public Works, requested this temporary 

deviation from the normal operating 

schedule to facilitate a public event, the 

Annual Fireworks Display. 

The Long Beach Bridge, mile 4.7, 

across Reynolds Channel has a vertical 

clearance in the closed position of 22 

feet at mean high water and 24 feet at 

mean low water. The existing bridge 

operating regulations are found at 33 

CFR 117.799(g). 

Reynolds Channel is transited by 

commercial and recreational traffic. 

Under this temporary deviation, the 

Long Beach Bridge may remain in the 

closed position between 9:30 p.m. and 

11:30 p.m. on July 8, 2016 (rain date: 

July 9, 2016 between 9:30 p.m. and 

11:30 p.m.). 

Vessels able to pass under the bridge 

in the closed position may do so at 

anytime. The bridges will not be able to 

open for emergencies and there are no 

immediate alternate routes for vessels to 

pass. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessels can arrange 

their transits to minimize any impact 

caused by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: June 14, 2016. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2016–14348 Filed 6–16–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2016–0280; FRL–9947–81– 

Region 7] 

Approval of Iowa’s State 

Implementation Plan (SIP); Definition 

of Greenhouse Gas and Prevention of 

Significant Deterioration (PSD) 

Plantwide Applicability Limits (PALs) 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving two SIP 

revisions submitted by the State of Iowa. 

First, EPA is approving the definition of 

greenhouse gas, which will make the 

state’s definition consistent with the 

Federal definition, and add greenhouse 

gases to emission inventory 

requirements. Second, EPA is approving 

Iowa’s revision to its Prevention of 

Significant Deterioration (PSD) program, 

specifically to the definition of ‘‘subject 

to regulation,’’ and to adopt by reference 

the most recent Federal plantwide 

applicability limitations (PALs) 

provisions. 

DATES: This direct final rule is effective 

August 16, 2016, without further notice, 

unless EPA receives adverse comment 

by July 18, 2016. If EPA receives adverse 

comment, we will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2016–0280, to http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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. 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, 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: 

Heather Hamilton, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7039, or by email at 

Hamilton.heather@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refers to EPA. 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is approving into the Iowa SIP 

the definition of greenhouse gas which 

is consistent with the Federal definition, 

and approving the requirement for 

facilities to include greenhouse gases in 

the emissions inventory. On November 

4, 2008, Iowa submitted a SIP revision 

to EPA for several administrative 

revisions, including the request to 

amend the definition of greenhouse gas, 

and to include greenhouse gases for the 

purposes of emissions inventories. On 

December 9, 2009 (74 FR 68692), EPA 

approved many portions of the SIP 

revisions, but we did not act on either 

of these particular provisions. 

EPA is also approving revisions to the 

Iowa Prevention of Significant 

Deterioration (PSD) program rules to 

revise the definition of ‘‘subject to 

regulation,’’ by citing the most recent 

Federal reference to the greenhouse gas 

definition, and adding a sentence to 

clarify that the stationary source shall 

not be subject to regulation if the total 

sourcewide emissions are below the 

greenhouse gas plantwide applicability 

limitations (PALs) and meet the 

requirements in Iowa Administrative 

Code (IAC) 567–33.9(455B) (also being 

revised with this action), and the source 

complies with the PALs permit 

containing the greenhouse gases PALs. 

IAC 567–33.9(455B), ‘‘Plantwide 

Applicability Limitations,’’ is being 

revised to adopt by reference to cite the 

Federal regulations as of July 12, 2012, 

except that the term ‘‘Administrator’’ 


ehiers on DSK5VPTVN1PROD with RULES
39586 Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations 

will mean ‘‘the department of natural 

resources.’’ 

Additional information for this 

rulemaking can be found in the 

Technical Support Document located in 

this docket. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. Public hearings were conducted 

for each of the submissions and no 

comments were received. The 

submission also satisfied the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition, as explained in 

the Technical Support Document which 

is part of this docket, the revision meets 

the substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

With this direct final action, the 

greenhouse gas definition is being 

added to the Iowa SIP as it is consistent 

with the Federal definition. Greenhouse 

gases are also included as applied to 

emissions inventories. 

EPA is also approving into the Iowa 

SIP revisions to the PSD program rules, 

specifically revising the definition of 

‘‘subject to regulation.’’ This revision 

also adopts by reference the Federal 

PAL provision for greenhouse gases. (77 

FR 41051). 

We are publishing this direct final 

rule without a prior proposed rule 

because we view this as a 

noncontroversial action and anticipate 

no adverse comment. However, in the 

‘‘Proposed Rules’’ section of this 

Federal Register, we are publishing a 

separate document that will serve as the 

proposed rule to approve the SIP 

revision if relevant adverse comments 

are received on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. For further information about 

commenting on this rule, see the 

ADDRESSES section of this document. If 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this direct final rule will not take 

effect. We will address all public 

comments in any subsequent final rule 

based on the proposed rule. 

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, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. 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 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). 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 16, 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, Greenhouse gases, 

Incorporation by reference, Reporting 

and recordkeeping requirements. 

Dated: June 3, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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 Q—Iowa 

■ 2. In § 52.820, amend the table in 

paragraph (c) by revising the entries for 

567–20.2, 567–21.1, 567–33.3, and 567– 

33.9 to read as follows: 

§ 52.820 Identification of Plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 81, No. 117 / Friday, June 17, 2016 / Rules and Regulations 39587 

EPA-APPROVED IOWA REGULATIONS

Iowa citation Title State effective 

date EPA approval date Explanation 

Iowa Department of Natural Resources Environmental Protection Commission [567] 

*******

Chapter 20—Scope of Title—Definitions—Forms—Rules of Practice 

*******

567–20.2 ........... Definitions ..................................... 5/7/08 6/17/16 and [Insert Federal Register citation].The definitions for anaerobic lagoon, odor, and odorous substance are not SIP approved. 

* * * * * * * 

Chapter 21—Compliance 

567–21.1 ........... Compliance Schedule ................... 5/7/08 6/17/16 and [Insert Federal Register citation].

* * * * * * * 

Chapter 33—Special Regulations and Construction Permit Requirements for Major Stationary Sources—Prevention of Significant 

Deterioration (PSD) of Air Quality 

*******

567–33.3 ........... Special Construction Permit Requirements for Major Stationary 

Sources in Areas Designated 

Attainment or Unclassified 

(PSD).

7/17/13 6/17/16 and [Insert Federal Register citation].

567–33.9 ........... Plantwide Applicability Limitations 7/17/13 6/17/16 and [Insert Federal Register citation].

* * * * * 

[FR Doc. 2016–14282 Filed 6–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 385 

[Docket No. FMCSA–2016–0120] 

RIN 2126–AB92 

Incorporation by Reference; North 

American Standard Out-of-Service 

Criteria; Hazardous Materials Safety 

Permits 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: FMCSA amends its 

Hazardous Materials Safety Permits 

rules to update the current 

incorporation by reference of the 

Commercial Vehicle Safety Alliance’s 

(CVSA) ‘‘North American Standard Outof-Service Criteria and Level VI 

Inspection Procedures and Out-ofService Criteria for Commercial 

Highway Vehicles Transporting 

Transuranics and Highway Route 

Controlled Quantities of Radioactive 

Materials as defined in 49 CFR part 

173.403.’’ Currently the rules reference 

the April 1, 2015, edition of the out-ofservice criteria and, through this final 

rule, FMCSA incorporates the April 1, 

2016, edition. 

DATES: Effective June 17, 2016. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register in accordance with 5 U.S.C. 

552(a) and 1 CFR part 51 as of June 17, 

2016. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Huntley, Federal Motor Carrier 

Safety Administration, Office of Policy, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001, by 

telephone at (202) 366–9209 or via 

email michael.huntley@dot.gov. Office 

hours are from 8 a.m. to 4:30 p.m., 

Monday through Friday, except Federal 

holidays. If you have questions on 

viewing the docket, contact Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Rulemaking Documents 

A. Availability of Rulemaking 

Documents 

For access to docket FMCSA–2016– 

0120 to read background documents and 

comments received, go to http:// 

www.regulations.gov at any time, or to 

Docket Services at U.S. Department of 

Transportation, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

B. Privacy Act 

In accordance with 5 U.S.C. 553(c), 

DOT although this action adopts a final 

rule and, thus, comments are not 

solicited, DOT accepts comments from 

the public to better inform its 

rulemaking process. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 


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