Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 1881 

Unfunded Mandates Reform Act of 

1995 

This rule will not cause State, local 

and tribal governments, or the private 

sector, to spend $100,000,000 or more in 

any one year, and it will not 

significantly or uniquely affect small 

governments. We do not need to take 

action under the Unfunded Mandates 

Reform Act of 1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rule is not a major rule as 

defined by § 804 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. This rule will not result in an 

annual effect on the economy of 

$100,000,000 or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

List of Subjects in 28 CFR Part 571 

Prisoners. 

Charles E. Samuels, Jr., 

Director, Bureau of Prisons. 

Under rulemaking authority vested in 

the Attorney General in 5 U.S.C. 301 

and 28 U.S.C. 509, 510, and delegated 

to the Director, Bureau of Prisons in 28 

CFR 0.96, we amend 28 CFR part 571 as 

set forth below. 

SUBCHAPTER D—COMMUNITY 

PROGRAMS AND RELEASE 

PART 571—RELEASE FROM 

CUSTODY 

■ 1. The authority citation for 28 CFR 

part 571 continues to read as follows: 

Authority: 5 U.S.C. 301; 18 U.S.C. 3565, 

3568–3569 (Repealed in part as to offenses 

committed on or after November 1, 1987), 

3582, 3621, 3622, 3624, 4001, 4042, 4081, 

4082 (Repealed in part as to offenses 

committed on or after November 1, 1987), 

4161–4166 and 4201–4218 (Repealed as to 

offenses committed on or after November 1, 

1987), 5006–5024 (Repealed October 12, 1984 

as to offenses committed after that date), 

5031–5042; 28 U.S.C. 509, 510; U.S. Const., 

Art. II, Sec. 2; 28 CFR 0.95–0.99, 1.1–1.10. 

Subpart H—[Removed and Reserved] 

■ 2. Subpart H, Designation of Offenses 

for Purposes of 18 U.S.C. 4042(c) is 

removed and reserved. 

[FR Doc. 2016–00385 Filed 1–13–16; 8:45 am] 

BILLING CODE 4410–05–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0864; FRL–9941–29– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Infrastructure and Interstate Transport 

for the 2008 Lead National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Federal Clean Air 

Act (CAA) the Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submission 

from the State of Texas for the 2008 

Lead (Pb) National Ambient Air Quality 

Standards (NAAQS). The submittal 

addresses how the existing SIP provides 

for implementation, maintenance, and 

enforcement of the 2008 Pb NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP is adequate 

to meet the state’s responsibilities under 

the CAA, including the four CAA 

requirements for interstate transport of 

Pb emissions. 

DATES: This final rule is effective on 

February 16, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0864. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Tracie Donaldson, 214–665–6633, 

donaldson.tracie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Background 

The background for this action is 

discussed in detail in our October 15, 

2015, proposal (80 FR 62003). In that 

document, we proposed that the Texas 

i-SIP submittal for the 2008 Pb NAAQS 

met the requirements for an i-SIP, 

including the requirements for interstate 

transport of Pb emissions. This action is 

being taken under section 110 of the 

Act. We did not receive any comments 

regarding our proposed approval. 

II. Final Action 

We are approving the September 8, 

2011 and October 13, 2011, submissions 

from Texas, which address the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2008 Pb 

NAAQS. Specifically, we are approving 

these infrastructure elements: 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M). We are also 

approving the Texas demonstration that 

it meets the four statutory requirements 

for interstate transport of Pb emissions. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 Clean Air 

Act. 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, 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); 

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1882 Federal Register / Vol. 81, No. 9 / Thursday, January 14, 2016 / Rules and Regulations 

• 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 Clean Air Act; 

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 March 14, 2016. 

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, Intergovernmental relations, 

Lead (Pb), Reporting and recordkeeping 

requirements. 

Dated: January 5, 2016. 

Ron Curry, 

Regional Administrator, Region 6. 

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 SS—Texas 

■ 2. In § 52.2270, the second table in 

paragraph (e) titled ‘‘EPA Approved 

Nonregulatory Provisions and QuasiRegulatory Measures in the Texas SIP’’ 

is amended by adding the entry 

‘‘Infrastructure and Interstate Transport 

for the 2008 Pb NAAQS’’ at the end of 

the table to read 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 

nonattainment area 

State submittal/effective 

date EPA approval date Comments 

*******

Infrastructure and Interstate 

Transport for the 2008 Pb 

NAAQS.

Statewide ........................... 9/8/2011, 10/13/2011 1/14/2016 [Insert Federal 

Register citation].

[FR Doc. 2016–00574 Filed 1–13–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0673; FRL–9941–13– 

Region 9] 

Partial Approval and Disapproval of 

Nevada Air Plan Revisions, Clark 

County 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a partial 

approval and partial disapproval of 

revisions to the Clark County portion of 

the Nevada State Implementation Plan 

(SIP). The SIP revisions include 

rescission of four local rules that 

collectively apply to sources that emit 

volatile organic compounds (VOCs), 

oxides of sulfur (SOX), and particulate 

matter (PM). In this final action, the 

EPA is approving the rescission of two 

of the rules and disapproving the 

rescission of the other two rules. 

Approval of the rescission of the two 

local rules removes them from the 

Nevada SIP. The two rules for which the 

EPA is disapproving rescission remain 

in the Nevada SIP. 

DATES: This rule is effective on February 

16, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0673 for this action. Generally, 

documents in the docket for this action 

are available electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Gong, EPA Region IX, (415) 972– 

3073, Gong.Kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

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