Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations 42263 

EPA-APPROVED KANSAS REGULATIONS

Kansas citation Title State effective 

date EPA approval date Explanation 

Kansas Department of Health and Environment Ambient Air Quality Standards and Air Pollution Control 

*******

General Provisions 

*******

K.A.R. 28–19–274 ..... Nitrogen Oxide allocations ......... 11/6/15 6/29/16 and [Insert Federal 

Register citation].

Approval of EGU-specific NOX

allocations does not include 

KAR 28–19–274(a)(2)(A) and 

(a)(2)(B). 

* * * * * * * 

* * * * * 

[FR Doc. 2016–15040 Filed 6–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0636; FRL–9948–24– 

Region 9] 

Designation of Areas for Air Quality 

Planning Purposes; California; San 

Joaquin Valley; Reclassification as 

Serious Nonattainment for the 2006 

PM2.5 NAAQS; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects a 

paragraph designation error that 

occurred in a January 20, 2016, final 

rule pertaining to the Environmental 

Protection Agency’s (EPA’s) 

reclassification of the San Joaquin 

Valley in California from Moderate to 

Serious for the 2006 PM2.5 National 

Ambient Air Quality Standards 

(NAAQS). The paragraph designation in 

that rulemaking conflicts with a 

paragraph designation in a different 

final rule. The EPA, therefore, is 

correcting the erroneous paragraph 

designation. 

DATES: This correcting amendment is 

effective on June 29, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Wienke Tax, Air Planning Office (AIR– 

2), U.S. Environmental Protection 

Agency, Region IX, (415) 947–4192, 

tax.wienke@epa.gov. 

SUPPLEMENTARY INFORMATION: The EPA 

published a final rule document on 

January 20, 2016 (81 FR 2993) to 

reclassify the San Joaquin Valley 

Moderate nonattainment area, including 

areas of Indian country within it, as a 

Serious nonattainment area for the 2006 

PM2.5 NAAQS. In the January 20, 2016 

document, the EPA included 

amendatory instructions that added 

paragraph (e) to 40 CFR 52.247. 81 FR 

2993, at 3000 (column 2). However, in 

a separate final rule published on 

January 13, 2016 (81 FR 1514), the EPA 

also included amendatory instructions 

that added paragraph (e) to 40 CFR 

52.247. 81 FR 1514, at 1520 (column 2). 

As such, the amendments to 40 CFR 

52.247 in the two final rules are in 

conflict and cannot be implemented 

together. The January 20, 2016 final rule 

should have included amendatory 

instructions adding paragraph (f), rather 

than (e). This document corrects that 

error. 

The EPA has determined that this 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because the underlying rule for which 

this correcting amendment has been 

prepared was already subject to a 30-day 

comment period and because the error 

addressed herein does not change the 

regulatory language in the rule. It only 

changes the paragraph designation for 

the relevant regulatory language. Thus, 

no purpose would be served by 

additional public notice and comment, 

and additional public notice and 

comment is unnecessary. 

The EPA also finds that there is good 

cause under APA section 553(d)(3) for 

the correction in the amendatory 

instructions and related paragraph 

designation to become effective on the 

date of publication. Section 553(d)(3) of 

the APA allows an effective date less 

than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ 5 U.S.C. 553(d)(3). The EPA 

finds that resolving the conflict in the 

amendatory instructions in the two 

relevant final rules does not create any 

new regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, this rule eliminates the 

confusion caused by designating two 

paragraphs in 40 CFR 52.247 as 

paragraph (e). For these reasons, the 

EPA finds good cause under APA 

section 553(d)(3) for the correction in 

the amendatory instructions associated 

with the January 20, 2016 final rule to 

become effective on the date of 

publication of this final rule. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedure Act or any other statute as 

indicated in the SUPPLEMENTARY

INFORMATION section, above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.) or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

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42264 Federal Register / Vol. 81, No. 125 / Wednesday, June 29, 2016 / Rules and Regulations 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it 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, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045, 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. In addition, this rule does 

not involve technical standards, thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule also 

does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). 

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. Section 808 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 public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, the EPA 

has made such a good cause finding, 

including the reasons therefore, and 

established an effective date of June 29, 

2016. The EPA will submit a report 

containing this rule 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). 

Correction 

In final rule FR Doc. 2016–00739, 

published in the Federal Register on 

January 20, 2016 (81 FR 2993), make the 

following correction: 

On page 3000, in the second column, 

remove amendatory instruction 3. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

Dated: June 14, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

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. 

■ 2. Section 52.247 is amended by 

adding paragraph (f) to read as follows: 

§ 52.247 Control Strategy and regulations: 

Fine Particle Matter. 

* * * * * 

(f) By August 21, 2017, California 

must adopt and submit a Serious Area 

plan to provide for attainment of the 

2006 PM2.5 NAAQS in the San Joaquin 

Valley PM2.5 nonattainment area. The 

Serious Area plan must include 

emissions inventories, an attainment 

demonstration, best available control 

measures, a reasonable further progress 

plan, quantitative milestones, 

contingency measures, and such other 

measures as may be necessary or 

appropriate to provide for attainment of 

the 2006 PM2.5 NAAQS by the 

applicable attainment date, in 

accordance with the requirements of 

subparts 1 and 4 of part D, title I of the 

Clean Air Act. 

[FR Doc. 2016–15051 Filed 6–28–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 2 

[ET Docket No. 13–44, RM–11652; FCC 16– 

74] 

Authorization of Radiofrequency 

Equipment and Approval of Terminal 

Equipment by Telecommunications 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document the 

Commission addresses two petitions for 

reconsideration of its Report and Order 

in this proceeding by describing how it 

will implement the rules that govern 

how it recognizes laboratories as 

accredited and authorized to perform 

the compliance testing associated with 

applications for equipment certification 

and the bodies that accredit those 

laboratories and extending the transition 

period by which time all laboratories 

that test for equipment certification 

must have FCC-recognized accreditation 

to perform such testing. 

DATES: Effective July 29, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Brian Butler, Office of Engineering and 

Technology, (202) 418–2702, email: 

Brian.Butler@fcc.gov, TTY (202) 418– 

2989. 

SUPPLEMENTARY INFORMATION: 

1. This document does not contain 

[new or modified] information 

collection requirements subject to the 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13. 

2. This is a summary of the 

Commission’s Memorandum Opinion & 

Order and Order on Reconsideration, ET 

Docket No. 13–44, RM–11652, FCC 16– 

74, adopted May 14, 2015, and released 

May 15, 2016. The full text of this 

document is available for inspection 

and copying during normal business 

hours in the FCC Reference Center 

(Room CY–A257), 445 12th Street SW., 

Washington, DC 20554. The full text 

may be downloaded at: https://

apps.fcc.gov/edocs_public/attachmatch/

FCC-16-74A1.docx. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an email to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

Synopsis 

3. The Commission had previously 

released a Report and Order in ET 

mstockstill on DSK3G9T082PROD with RULES