Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 33139 

[FR Doc. 2016–12120 Filed 5–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0798; FRL–9946–77– 

Region 4] 

Air Plan Disapprovals; MS; Prong 4– 

2008 Ozone, 2010 NO2, SO2, and 2012 

PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

disapprove the visibility transport 

(prong 4) portions of revisions to the 

Mississippi State Implementation Plan 

(SIP), submitted by the Mississippi 

Department of Environmental Quality 

(MDEQ), addressing the Clean Air Act 

(CAA or Act) infrastructure SIP 

requirements for the 2008 8-hour Ozone, 

2010 1-hour Nitrogen Dioxide (NO2), 

2010 1-hour Sulfur Dioxide (SO2), and 

2012 annual Fine Particulate Matter 

(PM2.5) National Ambient Air Quality 

Standards (NAAQS). The CAA requires 

that each state adopt and submit a SIP 

for the implementation, maintenance, 

and enforcement of each NAAQS 

promulgated by EPA, commonly 

referred to as an ‘‘infrastructure SIP.’’ 

Specifically, EPA is disapproving the 

prong 4 portions of Mississippi’s May 

29, 2012; July 26, 2012; February 28, 

2013; June 20, 2013; and December 8, 

2015, infrastructure SIP submissions. 

All other applicable infrastructure 

requirements for these SIP submissions 

have been or will be addressed in 

separate rulemakings. 

DATES: This rule will be effective June 

24, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0798. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., 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 form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Mr. 

Lakeman can be reached by telephone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

By statute, SIPs meeting the 

requirements of sections 110(a)(1) and 

(2) of the CAA are to be submitted by 

states within three years after 

promulgation of a new or revised 

NAAQS to provide for the 

implementation, maintenance, and 

enforcement of the new or revised 

NAAQS. EPA has historically referred to 

these SIP submissions made for the 

purpose of satisfying the requirements 

of sections 110(a)(1) and 110(a)(2) as 

‘‘infrastructure SIP’’ submissions. 

Sections 110(a)(1) and (2) require states 

to address basic SIP elements such as 

the requirements for monitoring, basic 

program requirements, and legal 

authority that are designed to assure 

attainment and maintenance of the 

newly established or revised NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for infrastructure SIPs. 

Section 110(a)(2) lists specific elements 

that states must meet for the 

infrastructure SIP requirements related 

to a newly established or revised 

NAAQS. The contents of an 

infrastructure SIP submission may vary 

depending upon the data and analytical 

tools available to the state, as well as the 

provisions already contained in the 

state’s implementation plan at the time 

in which the state develops and submits 

the submission for a new or revised 

NAAQS. 

Section 110(a)(2)(D) has two 

components: 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

includes four distinct components, 

commonly referred to as ‘‘prongs,’’ that 

must be addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 

110(a)(2)(D)(i)(I), are provisions that 

prohibit any source or other type of 

emissions activity in one state from 

contributing significantly to 

nonattainment of the NAAQS in another 

state (prong 1) and from interfering with 

maintenance of the NAAQS in another 

state (prong 2). The third and fourth 

prongs, which are codified in section 

110(a)(2)(D)(i)(II), are provisions that 

prohibit emissions activity in one state 

from interfering with measures required 

to prevent significant deterioration of air 

quality in another state (prong 3) or 

from interfering with measures to 

protect visibility in another state (prong 

4). Section 110(a)(2)(D)(ii) requires SIPs 

to include provisions insuring 

compliance with sections 115 and 126 

of the Act, relating to interstate and 

international pollution abatement. 

In a notice of proposed rulemaking 

(NPRM) published on March 22, 2016 

(81 FR 15205), EPA proposed to 

disapprove the prong 4 portions of 

Mississippi’s infrastructure SIP 

submissions for the 2008 8-hour Ozone, 

2010 1-hour NO2, 2010 1-hour SO2, and 

2012 annual PM2.5 NAAQS. The details 

of Mississippi’s submissions and the 

rationale for EPA’s actions are explained 

in the NPRM. Comments on the 

proposed rulemaking were due on or 

before April 21, 2016. EPA received no 

comments on the NPRM. 

II. Final Action 

EPA is taking final action to 

disapprove the prong 4 portions of 

Mississippi’s May 29, 2012, 2008 8-hour 

Ozone infrastructure SIP submission; 

July 26, 2012, 2008 8-hour Ozone 

infrastructure SIP resubmission; 

February 28, 2013, 2010 1-hour NO2

infrastructure SIP submission; June 20, 

2013, 2010 1-hour SO2 infrastructure 

SIP submission; and December 8, 2015, 

2012 annual PM2.5 infrastructure SIP 

submission. All other outstanding 

applicable infrastructure requirements 

for these SIP submissions have been or 

will be addressed in separate 

rulemakings. 

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. 

See 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. This action disapproves the 

prong 4 portions of the aforementioned 

SIP submissions as not meeting Federal 


Lhorne on DSK30JT082PROD with RULES
33140 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Rules and Regulations 

requirements. Therefore, this action 

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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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 July 25, 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 12, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR part 52 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. 

Subpart Z—Mississippi 

■ 2. Section 52.1279 is amended by 

adding paragraph (b) to read as follows: 

§ 52.1279 Visibility protection. 

* * * * * 

(b) Disapproval. EPA has disapproved 

the portions of Mississippi’s May 29, 

2012, 2008 8-hour Ozone infrastructure 

SIP submission; July 26, 2012, 2008 8- 

hour Ozone infrastructure SIP 

resubmission; February 28, 2013, 2010, 

1-hour NO2 infrastructure SIP 

submission; June 20, 2013, 2010 1-hour 

SO2 infrastructure SIP submission; and 

December 8, 2015, 2012, Annual PM2.5

infrastructure SIP submission that 

address the visibility protection (prong 

4) requirements of Clean Air Act section 

110(a)(2)(D)(i)(II). EPA disapproved the 

prong 4 portions of these SIP 

submissions because Mississippi does 

not have a fully approved regional haze 

SIP that meets the requirements of 40 

CFR 51.308 and because these SIP 

submissions do not otherwise 

demonstrate that emissions within the 

State do not interfere with other states’ 

plans to protect visibility. 

[FR Doc. 2016–12114 Filed 5–24–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 25, 73, and 76 

[MB Docket No. 14–127; FCC 16–4] 

Expanded Online Public Inspection 

File Obligations to Cable and Satellite 

TV Operators and Broadcast and 

Satellite Radio Licensees 

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 Commission’s Report and Order, 

Expansion of Online Public File 

Obligations To Cable and Satellite TV 

Operators and Broadcast and Satellite 

Radio Licensees. 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 

rules. 

DATES: The amendments to 47 CFR 

25.701(d), (d)(2), (d)(3), (e)(3), and (f)(6), 

25.702, 73.1943(d), 73.3526(b)(1) 

through (3), 73.3527(b)(1) and (2), 

76.630, 76.1700, and 76.1702(a), 

published at 81 FR 10105, February 29, 

2016, are effective June 24, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Cathy 

Williams, Cathy.Williams@fcc.gov, (202) 

418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on May 4, 

2016, OMB approved the information 

collection requirements contained in the 

Commission’s Report and Order, FCC 

16–4, published at 81 FR 10105, 

February 29, 2016. The OMB Control 

Numbers are 3060–1207, 3060–0214, 

and 3060–0316. The Commission 

publishes this notice as an 

announcement of the effective date of 

the rules. If you have any comments on 


Lhorne on DSK30JT082PROD with RULES