Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 38963 

■ 3. In § 52.1870 the table in paragraph 

(e) is amended by revising the entry for 

‘‘Section 110(a)(2) infrastructure 

requirements for the 2008 Ozone 

NAAQS’’. The amended text reads as 

follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED OHIO NONREGULATORY AND QUASI-REGULATORY PROVISIONS

Title 

Applicable geographical or non-attainment area 

State date EPA approval Comments 

*******

Section 110(a)(2) infrastructure 

requirements for the 2008 

ozone NAAQS.

Statewide .................. 12/27/2012 6/15/2016, [insert 

Federal Register 

citation].

Addresses the following CAA elements: 

110(a)(2) (A) to (H) and (J) to (M). 

*******

[FR Doc. 2016–14103 Filed 6–14–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 52 

[EPA–R02–OAR–2016–0316; FRL–9947–77– 

Region 2] 

Finding of Failure To Submit a State 

Implementation Plan; New Jersey; 

Interstate Transport Requirements for 

2008 8-Hour National Ambient Air 

Quality Standards for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action 

finding that New Jersey has failed to 

submit an infrastructure State 

Implementation Plan (SIP) revision to 

satisfy certain interstate transport 

requirements of the Clean Air Act (CAA) 

with respect to the 2008 8-hour ozone 

national ambient air quality standard 

(NAAQS). Specifically, these 

requirements pertain to the obligation to 

prohibit emissions which significantly 

contribute to nonattainment, or interfere 

with maintenance, of the 2008 8-hour 

ozone NAAQS in other states. This 

finding of failure to submit establishes 

a 2-year deadline for the EPA to 

promulgate a Federal Implementation 

Plan (FIP) to address the interstate 

transport SIP requirements pertaining to 

the state’s significant contribution to 

nonattainment and interference with 

maintenance of the 2008 ozone NAAQS 

in other states unless, prior to the EPA 

promulgating a FIP, the state submits, 

and the EPA approves, a SIP that meets 

these requirements. 

DATES: This rule is effective on July 15, 

2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2016–0316. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin, Environmental 

Protection Agency, 290 Broadway, 25th 

Floor, New York, NY 10007–1866, (212) 

637–3702, or by email at 

Fradkin.Kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: Section 

553 of the Administrative Procedures 

Act, 5 United States Code (U.S.C.) 

553(b)(3)(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 submittals, 

or incomplete submittals, to meet the 

requirement by the statutory date. Thus, 

notice and public procedure are 

unnecessary. The EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

Table of Contents 

I. Background 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background 

Section 110(a) of the CAA imposes an 

obligation upon states to submit SIPs 

that provide for the implementation, 

maintenance and enforcement of a new 

or revised NAAQS within 3 years 

following the promulgation of that 

NAAQS. Section 110(a)(2) lists specific 

requirements that states must meet in 

these SIP submissions, as applicable. 

The EPA refers to this type of SIP 

submission as the ‘‘infrastructure’’ SIP 

because the SIP ensures that states can 

implement, maintain and enforce the air 

standards. Within these requirements, 

section 110(a)(2)(D)(i) contains 

requirements to address interstate 

transport of NAAQS pollutants. A SIP 

revision submitted for this sub-section 

is referred to as an ‘‘interstate transport 

SIP.’’ In turn, section 110(a)(2)(D)(i)(I) 

requires that such a plan contain 

adequate provisions to prohibit 

emissions from the state that will 

contribute significantly to 

nonattainment of the NAAQS in any 

other state (‘‘prong 1’’) or interfere with 

maintenance of the NAAQS in any other 

state (‘‘prong 2’’). Interstate transport 

prongs 1 and 2, also called the ‘‘good 

neighbor’’ provisions, are the 

requirements relevant to this findings 

notice. 

Pursuant to CAA section 110(k)(1)(B), 

the EPA must determine no later than 6 

months after the date by which a state 

is required to submit a SIP whether a 

state has made a submission that meets 

the minimum completeness criteria 

established in CAA section 110(k)(1)(A). 

The EPA refers to the determination that 

a state has not submitted a SIP 

submission that meets the minimum 

completeness criteria as a ‘‘finding of 

failure to submit.’’ If the EPA finds a 

state has failed to submit a SIP to meet 

its statutory obligation to address 

110(a)(2)(D)(i)(I), pursuant to section 

110(c)(1) the EPA has not only the 

authority, but the obligation, to 

promulgate a FIP within 2 years to 

address the CAA requirement. This 

finding therefore starts a 2-year clock for 

promulgation by the EPA of a FIP, in 

accordance with CAA section 110(c)(1), 

unless prior to such promulgation the 

state submits, and the EPA approves, a 

submittal from the state to meet the 

requirements of CAA section 

110(a)(2)(D)(i)(I). The EPA notes this 


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38964 Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 

1 80 FR 39961 (July 13, 2015) (effective August 12, 

2015). 

2See ‘‘Cross-State Air Pollution Rule Update for 

the 2008 Ozone NAAQS; Proposed Rules,’’ 80 FR 

75706 (December 3, 2015). 

3Letter from Bob Martin, Commissioner, New 

Jersey Department of Environmental Protection to 

Judith Enck, Regional Administrator, U.S. EPA 

Region II, March 30, 2016. 

action does not start a mandatory 

sanctions clock pursuant to CAA section 

179 because this finding of failure to 

submit does not pertain to a part D plan 

for nonattainment areas required under 

CAA section 110(a)(2)(I) or a SIP call 

pursuant to CAA section 110(k)(5). 

On March 12, 2008, the EPA 

strengthened the NAAQS for ozone. The 

EPA revised the 8-hour primary ozone 

standard from 0.08 parts per millions 

(ppm) to 0.075 ppm. The EPA also 

revised the secondary 8-hour standard 

to the level of 0.075 ppm making it 

identical to the revised primary 

standard. Infrastructure SIPs addressing 

the revised standard, including the 

interstate transport requirements, were 

due March 12, 2011. 

On October 17, 2014, New Jersey 

submitted a multi-pollutant 

infrastructure SIP revision for 2008 

Ozone, 2010 Sulfur Dioxide, 2010 

Nitrogen Dioxide, 2008 Lead, 2011 

Carbon Monoxide, and the 2012 PM2.5

(Fine Particles) NAAQS. New Jersey 

addressed the ‘‘good neighbor’’ 

provision for the 2008 Ozone NAAQS in 

their submission. 

On July 13, 2015, the EPA published 

a rule 1 finding that 24 states failed to 

submit complete SIPs that addressed the 

‘‘good neighbor’’ provision for the 2008 

Ozone NAAQS. See 80 FR 39961, (July 

13, 2015). The finding action triggered 

a 2-year clock for the EPA to issue FIPs 

to address the ‘‘good neighbor’’ 

requirements for those states by August 

12, 2017. Prior to issuance of the finding 

action, New Jersey made a submission 

addressing the ‘‘good neighbor’’ 

provision for the 2008 Ozone NAAQS 

on October 17, 2014; therefore, the state 

was not included in the EPA’s July 2015 

finding notice. Following New Jersey’s 

submittal of their infrastructure SIP and 

the EPA’s July 2015 finding notice, the 

EPA proposed a rule on November 16, 

2015 2 to address the ‘‘good neighbor’’ 

requirements for the 2008 Ozone 

NAAQS. The rule proposed to 

promulgate FIPs in 23 eastern states, 

including New Jersey, to reduce 

interstate ozone transport as to the 2008 

ozone NAAQS. The EPA proposed to 

issue final FIPs only for those states that 

either failed to submit a SIP or for 

which the EPA disapproved a state’s SIP 

addressing the ‘‘good neighbor’’ 

provision by the date the rule was 

finalized. The EPA expects to finalize 

the rule and respective FIPs, as 

applicable, later this year. 

In a letter to the EPA dated March 30, 

2016, New Jersey withdrew from EPA’s 

consideration the ‘‘good neighbor’’ 

portion of its multi-pollutant 

infrastructure SIP as it relates to the 

2008 ozone NAAQS. New Jersey stated 

that it was withdrawing that portion of 

its submission ‘‘in order not to delay the 

EPA’s ability to implement the FIP on 

those upwind states that are 

significantly contributing to ozone 

levels in New Jersey and the other states 

within [New Jersey’s] shared ozone 

nonattainment area.’’ New Jersey stated 

that its decision to withdraw was based 

on a desire that EPA would ‘‘fully 

implement the FIP’’ proposed in 2016, 

and that it ‘‘reserve[d] the right to 

resubmit’’ the language of its original 

submission. The full letter can be found 

in the docket for this rulemaking.3

On the basis of New Jersey’s March 

30, 2016 withdrawal letter, New Jersey 

does not have a complete pending 

submittal addressing the ‘‘good 

neighbor’’ provision for the 2008 ozone 

NAAQS. The EPA is therefore making a 

finding that New Jersey has failed to 

submit a SIP revision to address the 

requirements of CAA sections 

110(a)(2)(D)(i)(I) as to the 2008 ozone 

NAAQS. 

II. Final Action 

This action reflects the EPA’s 

determination with respect to the 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2008 8-hour 

ozone NAAQS for New Jersey, as 

discussed in section I of this findings 

notice. The EPA is making a finding of 

failure to submit for New Jersey for the 

interstate transport requirements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2008 8-hour ozone NAAQS. This 

finding starts a 2-year clock for 

promulgation by the EPA of a FIP after 

the effective date of this final rule, in 

accordance with section 110(c)(1), 

unless prior to such promulgation that 

New Jersey submits, and the EPA 

approves, a submittal that meets the 

requirements of CAA section 

110(a)(2)(D)(i)(I) as to the 2008 ozone 

NAAQS. This finding of failure to 

submit does not impose sanctions, and 

does not set deadlines for imposing 

sanctions as described in section 179, 

because it does not pertain to the 

elements of a CAA title I, part D plan 

for nonattainment areas as required 

under section 110(a)(2)(I), and because 

this action is not a SIP call pursuant to 

section 110(k)(5). 

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 

This action does not impose an 

information collection burden under the 

Paperwork Reduction Act. This final 

rule does not establish any new 

information collection requirement 

apart from that already required by law. 

C. Regulatory Flexibility Act (RFA) 

This action is not subject to the RFA. 

The RFA applies only to rules subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 553, or 

any other statute. This rule is not 

subject to notice and comment 

requirements because the agency has 

invoked the APA ‘‘good cause’’ 

exemption under 5 U.S.C. 553(b). 

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 implements 

mandates specifically and explicitly set 

forth in the CAA under section 110(a) 

without the exercise of any policy 

discretion by the EPA. 

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 responds to the 

requirement in the CAA for states to 

submit SIPs under section 110(a) to 

address CAA section 110(a)(2)(D)(i)(I) 

for the 2008 ozone NAAQS. No tribe is 

subject to the requirement to submit an 

implementation plan under section 

110(a) within 3 years of promulgation of 

a new or revised NAAQS. Thus, 


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Federal Register / Vol. 81, No. 115 / Wednesday, June 15, 2016 / Rules and Regulations 38965 

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 

environmental 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 does not concern an 

environmental health risk or safety risk. 

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 because it does not affect 

the level of protection provided to 

human health or the environment. 

This notice is making a procedural 

finding that New Jersey has failed to 

submit a SIP to address CAA section 

110(a)(2)(D)(i)(I) for the 2008 ozone 

NAAQS. The EPA did not conduct an 

environmental analysis for this rule 

because this rule would not directly 

affect the air emissions of particular 

sources. Because this rule will not 

directly affect the air emissions of 

particular sources, it does not affect the 

level of protection provided to human 

health or the environment. Therefore, 

this action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income or indigenous 

populations. 

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. The CRA allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and comment rulemaking 

procedures are impracticable, 

unnecessary or contrary to the public 

interest (5 U.S.C. 808(2)). The EPA has 

made a good cause finding for this rule 

as discussed in the SUPPLEMENTARY

INFORMATION section of this final rule, 

including the basis for that finding. 

L. Judicial Review 

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 August 15, 2016. 

Filing a petition for reconsideration 

by the Administrator of this final rule 

does not affect the finality of this rule 

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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, and Reporting and 

recordkeeping requirements. 

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

Dated: June 2, 2016. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2016–14180 Filed 6–14–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15 and 27 

[ET Docket No. 14–165; FCC 15–99] 

Unlicensed Use of TV Band and 600 

MHz Band Spectrum 

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) has 

approved, for a period of three years, the 

information collection associated with 

the rule changes for white space devices 

and wireless microphones in the 

Commission’s August 11, 2015 Part 15 

Report and Order, FCC 15–99. 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: The amendments to 47 CFR 

15.713(b)(2)(iv) through (v), (j)(4), (j)(10) 

and (j)(11), 15.715(n) through (q) and 

27.1320 published at 80 FR 73043, 

November 23, 2015, are effective on 

June 15, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams on (202) 418–2918 or 

via email to: cathy.williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on May 11, 

2016, OMB approved, for a period of 

three years, the information collection 

requirements contained in 47 CFR 

15.713(b)(2)(iv) through (v), (j)(4), (j)(10) 

and (j)(11), 15.715(n) through (q) and 

27.1320. The Commission publishes this 

document to announce the effective date 

of these rule sections. See In the Matter 

of Amendment of Part 15 of the 

Commission’s Rules for Unlicensed 

Operations in the Television Bands, 

Repurposed 600 MHz Band, 600 MHz 

Guard Bands and Duplex Gap, and 

Channel 37, and Amendment of Part 74 

of the Commission’s Rules for Low 

Power Auxiliary Stations in the 

Repurposed 600 MHz Band and 600 

MHz Duplex Gap and Expanding the 

Economic and Innovation Opportunities 

of Spectrum Through Incentive 

Auctions, ET Docket No. 14–165 and 

GN Docket No. 12–268, FCC 15–99, 80 

FR 73043, November 23, 2015. 

Synopsis 

As required by the Paperwork 

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

the FCC is notifying the public that it 

received final OMB approval on May 11, 

2016, for the information collection 

requirements contained in the 

modifications to the Commission’s rules 

in 47 CFR 15.713(b)(2)(iv) through (v), 

(j)(4), (j)(10) and (j)(11), 15.715(n) 

through (q) and 27.1320. Under 5 CFR 

1320.5(b), 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– 

1155. The foregoing notice is required 

by the Paperwork Reduction Act of 

1995, Public Law 104–13, October 1, 

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


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