Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 34835 

Robert L. Nabors II, Chief of Staff, 

approved this document on June 12, 

2015, for publication. 

List of Subjects in 38 CFR Part 2 

Authority delegations (Government 

agencies). 

Dated: June 12, 2015. 

William F. Russo, 

Acting Director, Office of Regulation Policy 

& Management, Office of the General Counsel. 

For the reasons set out in the 

preamble, 38 CFR part 2 is amended as 

follows: 

PART 2—DELEGATIONS OF 

AUTHORITY 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 302, 552a; 38 U.S.C. 

501, 512, 515, 1729, 1729A, 5711; 44 U.S.C. 

3702, and as noted in specific sections. 

§ 2.6 [Amended] 

■ 2. Amend § 2.6(e)(1) by removing 

‘‘Deputy General Counsel, and Director 

for Regulation Policy and Management’’ 

and adding in its place ‘‘the Principal 

Deputy General Counsel, the Deputy 

General Counsel, Central Office, and the 

Director of the Office of Regulation 

Policy and Management’’. 

[FR Doc. 2015–14959 Filed 6–17–15; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2011–0938; FRL–9928–79– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Transportation Conformity 

and Conformity of General Federal 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Federal Clean Air 

Act (Act), the Environmental Protection 

Agency (EPA) is approving revisions to 

the New Mexico State Implementation 

Plan (SIP). These revisions update the 

transportation conformity rules and 

remove the general conformity 

provisions. 

DATES: This rule is effective on July 20, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2011–0938. 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 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Riley (6PD–L), telephone: (214) 

665–8542, email: riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The background for this action is 

discussed in detail in our February 10, 

2015 direct final rule and proposal (80 

FR 7341). The rule and proposal stated 

that if any relevant adverse comments 

were received by the end of the public 

comment period, the direct final rule 

would be withdrawn and we would 

respond to the comments in a 

subsequent final action. A relevant 

adverse comment was received during 

the comment period, and the direct final 

rule was withdrawn on April 8, 2015 

(80 FR 19020). Our proposal provides 

the basis for this final action. These 

revisions amend the transportation 

conformity SIP provisions and remove 

the general conformity provisions from 

the SIP, as allowed by the Act’s 2005 

amendments. These revisions also 

address interagency consultation and 

enforceability of certain transportationrelated control measures and mitigation 

measures. 

We received one comment on the 

direct final rule by one commenter, 

Sierra Club. The comment and our 

response to the comment is below. 

II. Response to Comments 

Comment: ‘‘Acting regional 

administrator Sam Coleman cannot sign 

approvals, disapprovals, or any 

combination of approvals or 

disapproval, in whole or in part, due to 

the fact that agency actions on state 

implementation plans are required to be 

signed by the regional administrator, 

Ron Curry, not the current deputy 

regional administrator as stated in the 

agency’s delegations manual. The 

manual specifically states that SIP 

actions can’t be redelegated from the 

regional administrator.’’ 

Response: As the Acting Regional 

Administrator, Deputy Regional 

Administrator Sam Coleman had 

authority to sign the proposal and direct 

final action on the SIP revisions. On 

January 28, 2015, the day that the 

proposal and direct final action were 

signed, Sam Coleman was acting in the 

capacity of the Regional Administrator 

for Ron Curry, who was absent from 

Region 6 at the time. The following 

language is listed in the Region 6 

Deputy Regional Administrator’s 

position description ‘‘In the absence of 

the Regional Administrator, the Deputy 

Regional Administrator will perform the 

duties of the Regional Administrator.’’ 

Further, EPA Region 6 Order 1110.11 

establishes a line of succession to 

perform the duties of the Regional 

Administrator should the Regional 

Administrator be absent from the office. 

The Deputy Regional Administrator is 

the first person listed on that line of 

succession. Copies of the two 

documents are included in the docket 

for this rulemaking. Finally, the heads 

of administrative agencies are statutorily 

vested with the authority to delegate 

authorities to subordinate officials, 5 

U.S.C. 302. Federal Courts have held 

that rules, including internal 

delegations and appointments of 

authority are effective regardless of 

publication in the Federal Register or 

the Code of Federal Regulations. 

The comment only challenged the 

Deputy Regional Administrator’s 

authority to sign the Direct Final Action. 

EPA received no other comments or 

challenges as to the substance of the 

proposal or direct final. Therefore, we 

are finalizing our action to approve 

these SIP amendments. 

III. Final Action 

Pursuant to sections 110 and 176 of 

the Act, EPA is approving three 

revisions to the New Mexico SIP that 

were submitted on October 28, 2011, 

November 1, 2013, and August 8, 2014. 

We evaluated the state’s submittals and 

determined that they meet the 

applicable requirements of the CAA 

sections 110 and 176 and applicable 

EPA guidance. In accordance with CAA 

section 110(l), these revisions will not 

interfere with attainment of the NAAQS, 

reasonable further progress, or any other 

applicable requirement of the CAA. 

IV. Incorporation by Reference 

In this rule, we are finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the 

revisions to the New Mexico regulations 

as described in the Final Action section 

above. We have made, and will continue 

to make, these documents generally 


tkelley on DSK3SPTVN1PROD with RULES
34836 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 

available electronically through 

www.regulations.gov and/or in hard 

copy at the EPA Region 6 office. 

V. 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, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the CAA. Accordingly, 

this action merely proposes to approve 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 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). 

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 17, 2015. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 27, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

Therefore, 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 GG—New Mexico 

■ 2. In § 52.1620, the first table in 

paragraph (c) entitled ‘‘EPA Approved 

New Mexico Regulations’’ is amended 

by: 

■ a. Removing the entry for ‘‘Part 98, 

General Conformity’’; 

■ b. Revising the entries for ‘‘20.2.99.1’’ 

through ‘‘20.2.99.8’’; 

■ c. Removing the entry for ‘‘20.2.99.9 

to 20.2.99.100’’; 

■ d. Revising the entries for 

‘‘20.2.99.101’’ through ‘‘20.2.99.112’’; 

■ e. Removing the entries for 

‘‘20.2.99.113’’ through ‘‘20.2.99.154’’. 

The revisions read as follows: 

§ 52.1620 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED NEW MEXICO REGULATIONS

State citation Title/Subject 

State 

approval/ 

effective 

date 

EPA Approval date Comments 

*******

Part 99—Transportation Conformity 

20.2.99.1 ............................................ Issuing Agency ................................. 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.2 ............................................ Scope ................................................ 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 34837 

EPA APPROVED NEW MEXICO REGULATIONS—Continued 

State citation Title/Subject 

State 

approval/ 

effective 

date 

EPA Approval date Comments 

20.2.99.3 ............................................ Statutory Authority ............................ 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.4 ............................................ Duration ............................................ 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.5 ............................................ Effective Date ................................... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.6 ............................................ Objective ........................................... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.7 ............................................ Definitions ......................................... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.8 ............................................ Documents ........................................ 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.101 ........................................ Applicability ....................................... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.102 ........................................ Consultation ...................................... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.103 ........................................ Agency Roles in Consultation .......... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.104 ........................................ Agency Responsibilities in Consultation.7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.105 ........................................ General Consultation Procedures .... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.106 ........................................ Consultation Procedures for Specific 

Major Activities.

7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.107 ........................................ Consultation Procedures for Specific 

Routine Activities.

7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.108 ........................................ Notification Procedures for Routine 

Activities.

7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.109 ........................................ Conflict Resolution and Appeals to 

the Governor.

7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.110 ........................................ Public Consultation Procedures ....... 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.111 ........................................ Enforceability of Design Concept 

and Scope and Project-Level Mitigation and Control Measures.

7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

20.2.99.112 ........................................ Savings Provision ............................. 7/11/2014 6/18/2015 [Insert Federal Register 

Citation].

* * * * * 

[FR Doc. 2015–13948 Filed 6–17–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 8 

[Docket No. 2012–29417] 

RIN 0930–AA14 

Opioid Drugs in Maintenance and 

Detoxification Treatment of Opiate 

Addiction; Proposed Modification of 

Dispensing Restrictions for 

Buprenorphine and Buprenorphine 

Combination as Used in Approved 

Opioid Treatment Medications; 

Correction 

AGENCY: Substance Abuse and Mental 

Health Services Administration, HHS. 

ACTION: Final rule; correction. 

SUMMARY: The Health and Human 

Services Department (HHS) is correcting 

a final rule that appeared in the Federal 

Register of December 6, 2012. The 

document modified the dispensing 

requirements buprenorphine and 

buprenorphine combination products 

approved by the Food and Drug 

Administration (FDA) for opioid 

dependence and used in federally 

certified and registered opioid treatment 

programs. In particular, this rule allows 

opioid treatment programs more 

flexibility in dispensing take-home 

supplies of buprenorphine after the 

assessment and documentation of a 

patient’s responsibility and stability to 

receive opioid addiction treatment 

medication. However, an inadvertent 

removal of paragraphs was made. This 

correction reinstates the missing 

paragraphs. 

DATES: Effective June 18, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jinhee Lee, Division of Pharmacologic 

Therapies, Center for Substance Abuse 

Treatment, SAMHSA, 1 Choke Cherry 

Road, Room 7–1028, Rockville, MD 

20857, (240) 276–2700, email: 

Jinhee.Lee@samhsa.hhs.gov. 

SUPPLEMENTARY INFORMATION: On 

December 6, 2012 (77 FR 72752), HHS 

published a final rule in the Federal 

Register modifying the dispensing 

requirements in 42 CFR 8.12 for 

buprenorphine and buprenorphine 

combination products approved by FDA 

for opioid dependence and used in 

federally certified and registered opioid 

treatment programs. An inadvertent 

error was made whereby § 8.12(i)(3)(i) 

through (vi) was deleted. The original 

intention was only to revise § 8.12(i)(3) 

introductory text, however, this was not 

made clear and thus the entire section 

following the introductory text was 

removed. This correction properly 

modifies the dispensing requirements in 

42 CFR 8.12 as published in the Federal 

Register on December 6, 2012, without 

removing § 8.12(i)(3)(i) through (vi). 


tkelley on DSK3SPTVN1PROD with RULES