64344 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 

(h) The Superintendent may prohibit 

or restrict the non-subsistence taking of 

wildlife in accordance with the 

provisions of § 13.50. 

(i) A person may not intentionally 

obstruct or hinder another person’s 

lawful hunting or trapping by: 

(1) Placing oneself in a location in 

which human presence may alter the 

behavior of the game that another 

person is attempting to take or the 

imminent feasibility of taking game by 

another person; or 

(2) Creating a visual, aural, olfactory, 

or physical stimulus in order to alter the 

behavior of the game that another 

person is attempting to take. 

■ 5. Revise § 13.50 to read as follows: 

§ 13.50 Closure and restriction 

procedures. 

(a) Applicability and authority. The 

Superintendent will follow the 

provisions of this section to close an 

area or restrict an activity, or terminate 

or relax a closure or restriction, in NPS 

areas in Alaska. 

(b) Factors. In determining whether to 

close an area or restrict an activity, or 

whether to terminate or relax a closure 

or restriction, the Superintendent must 

ensure that the activity or area is 

managed in a manner compatible with 

the purposes for which the park area 

was established. The Superintendent’s 

decision under this paragraph must 

therefore be guided by factors such as 

public health and safety, resource 

protection, protection of cultural or 

scientific values, subsistence uses, 

conservation of endangered or 

threatened species, and other 

management considerations. 

(c) Rulemaking requirements. This 

paragraph applies only to a closure or 

restriction, or the termination or 

relaxation of such, which is of a nature, 

magnitude and duration that will result 

in a significant alteration in the public 

use pattern of the area; adversely affect 

the area’s natural, aesthetic, scenic, or 

cultural values; or require a long-term 

modification in the resource 

management objectives of the area. 

Except in emergency situations, the 

closure or restriction, or the termination 

or relaxation of such, must be published 

as a rulemaking in the Federal Register. 

(d) Written determination. Except in 

emergency situations, prior to 

implementing or terminating a closure 

or restriction, the superintendent shall 

prepare a written determination 

justifying the action. That determination 

shall set forth the reasons the closure or 

restriction authorized by paragraph (a) 

of this section has been established. 

This determination will be posted on 

the NPS Web site at www.nps.gov. 

(e) Restrictions on taking fish or 

wildlife. (1) Except in emergencies, the 

NPS will consult with the State agency 

having responsibility over fishing, 

hunting, or trapping and provide an 

opportunity for public comment, 

including one or more public meetings 

near the affected NPS unit, prior to 

implementing a closure or restriction on 

taking fish or wildlife. 

(2) Emergency closures or restrictions 

may not exceed a period of 60 days and 

may not be extended without following 

the nonemergency procedures of this 

section. 

(f) Notice. A list of closures and 

restrictions will be compiled in writing 

and updated annually. The list will be 

posted on the NPS Web site at 

www.nps.gov and made available at park 

headquarters. Additional means of 

notice reasonably likely to inform 

residents in the affected vicinity will 

also be provided where available, such 

as: 

(1) Publication in a newspaper of 

general circulation in the State or in 

local newspapers; 

(2) Use of electronic media, such as 

the internet and email lists; 

(3) Radio broadcast; or 

(4) Posting of signs in the local 

vicinity. 

(g) Violating a closure or restriction is 

prohibited. 

§ 13.400 [Amended] 

■ 6. In § 13.400, remove paragraph (e) 

and redesignate paragraph (f) as new 

paragraph (e). 

■ 7. Revise § 13.470 to read as follows: 

§ 13.470 Subsistence fishing. 

Fish may be taken by local rural 

residents for subsistence uses in park 

areas where subsistence uses are 

allowed in compliance with applicable 

Federal law and regulation, including 

the provisions of §§ 2.3 and 13.40 of this 

chapter. Local rural residents in park 

areas where subsistence uses are 

allowed may fish with a net, seine, trap, 

or spear; or use native species as bait, 

where permitted by applicable Federal 

law and regulation. 

■ 8. Revise § 13.480 to read as follows: 

§ 13.480 Subsistence hunting and 

trapping. 

Local rural residents may hunt and 

trap wildlife for subsistence uses in park 

areas where subsistence uses are 

allowed in compliance with this chapter 

and 50 CFR part 100. 

■ 9. In § 13.490, revise paragraph (a) to 

read as follows: 

§ 13.490 Closures and restrictions to 

subsistence uses of fish and wildlife. 

(a) The Superintendent may 

temporarily restrict a subsistence 

activity or close all or part of a park area 

to subsistence uses of a fish or wildlife 

population after consultation with the 

State and the Federal Subsistence Board 

in accordance with the provisions of 

this section. The Superintendent may 

make a temporary closure or restriction 

notwithstanding any other provision of 

this part, and only if the following 

conditions are met: 

(1) The restriction or closure must be 

necessary for reasons of public safety, 

administration, or to ensure the 

continued viability of the fish or 

wildlife population; 

(2) Except in emergencies, the 

Superintendent must provide public 

notice and hold a public hearing near 

the affected NPS unit; 

(3) The restriction or closure may last 

only so long as reasonably necessary to 

achieve the purposes of the closure. 

* * * * * 

Dated: September 9, 2015. 

Michael Bean, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2015–26813 Filed 10–22–15; 8:45 am] 

BILLING CODE 4310–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0337; FRL–9936–05– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Regional Haze Plan Amendment— 

Lakeland Electric C.D. McIntosh 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

the State of Florida’s March 10, 2015, 

State Implementation Plan (SIP) 

revision, submitted by the Florida 

Department of Environmental Protection 

(FDEP). This submittal fulfills Florida’s 

commitment to EPA to provide a 

regional haze SIP revision with a Best 

Available Retrofit Technology (BART) 

nitrogen oxides (NOx) emissions limit 

for Unit 1 at the Lakeland Electric—C.D. 

McIntosh Power Plant (McIntosh) 

reflecting best operating practices for 

good combustion. States are required to 

address the BART provisions of the 

Clean Air Act (CAA or Act) and EPA’s 

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Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64345 

regional haze regulations as part of a 

program to prevent any future and 

remedy any existing anthropogenic 

impairment of visibility in mandatory 

Class I areas (national parks and 

wilderness areas) caused by emissions 

of air pollutants from numerous sources 

located over a wide geographic area 

(also referred to as the ‘‘regional haze 

program’’) and to assure reasonable 

progress toward the national goal of 

achieving natural visibility conditions 

in Class I areas. In this action, EPA is 

approving the BART NOx emissions 

limit for Unit 1 at McIntosh into the 

Florida SIP. 

DATES: This rule is effective November 

23, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0337. 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: 

Michele Notarianni, 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. Ms. 

Notarianni can be reached by phone at 

(404) 562–9031 or via electronic mail at 

notarianni.michele@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 10, 2012, EPA proposed 

to approve the BART and reasonable 

progress determinations for a number of 

EGUs in Florida as part of Florida’s 

regional haze SIP. See 77 FR 73369. In 

that action, EPA proposed approval of 

Florida’s BART determination for 

emissions Units 1 and 2 at McIntosh 

found subject to BART. On August 29, 

2013, EPA issued a final, full approval 

of Florida’s regional haze SIP. See 78 FR 

53250. In that final action, EPA 

approved the BART determination for 

the McIntosh facility, including the 

determination that the existing level of 

control for NOx at Unit 1, best operating 

practices for good combustion, is the 

NOx BART control for Unit 1. See 78 FR 

53263. As described in the August 29, 

2013, final action, FDEP submitted a 

letter to EPA dated July 30, 2013, in 

which the State committed to provide 

EPA with a regional haze SIP revision 

no later than March 19, 2015, the 

deadline for the State’s five-year 

regional haze periodic progress report 

SIP, that would include a NOx BART 

emissions limit for Unit 1 reflecting best 

operating practices for good 

combustion. FDEP also committed to 

modify the title V permit for McIntosh 

to include this new limit. 

To fulfill its commitment in 

accordance with the July 30, 2013 letter, 

the State of Florida submitted a SIP 

revision dated March 10, 2015, revising 

the State’s regional haze SIP to include 

a NOx BART emissions limit for 

McIntosh Unit 1 and a construction 

permit (FDEP Permit No. 1050004–034– 

AC) dated April 30, 2014, for Unit 1 

containing this limit. The permit 

contains supporting conditions (e.g., 

monitoring requirements) and a 

condition specifying a schedule for 

McIntosh to apply for a revision to its 

title V permit to reflect the new permit 

conditions. 

In a notice of proposed rulemaking 

(NPR) published on August 20, 2015, 

EPA proposed to approve Florida’s 

March 10, 2015, regional haze SIP 

revision fulfilling the State’s July 20, 

2013, commitment to provide EPA with 

a SIP revision containing a NOx BART 

emissions limit for McIntosh Unit 1 

reflecting best operating practices for 

good combustion and conditions to 

modify the title V permit to incorporate 

this limit. See 80 FR 50591. The details 

of Florida’s submittal and the rationale 

for EPA’s actions are explained in the 

NPR. Comments on the proposed 

rulemaking were due on or before 

September 21, 2015. No adverse 

comments were received. 

II. Final Action 

EPA is finalizing approval of the State 

of Florida’s March 10, 2015, SIP 

revision and revising the regional haze 

SIP to include the NOx BART emissions 

limit for Unit 1 and the April 30, 2014, 

construction permit containing this 

limit. EPA is approving these changes to 

the Florida SIP because the submission 

meets the applicable regional haze 

requirements as set forth in the CAA 

and in EPA’s regional haze regulations 

and the applicable requirements of 

section 110 of the CAA. 

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. 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, 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). 

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64346 Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 

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 December 22, 2015. 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: October 8, 2015. 

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 K—Florida 

■ 2. Section 52.520(e) is amended by 

adding an entry for ‘‘Regional Haze Plan 

Amendment 3’’ at the end of the table 

to read as follows: 

§ 52.520 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED FLORIDA NON-REGULATORY PROVISIONS

Provision State effective 

date EPA approval date Federal Register notice Explanation 

*******

Regional Haze Plan 

Amendment 3.

4/30/2014 10/23/2015 ...................

[Insert Federal Register citation].

[Insert Federal Register citation].Establishes NOX BART emissions limit for Unit 

1 at the Lakeland Electric—C.D. McIntosh 

Power Plant and includes FDEP Permit No. 

1050004–034–AC. 

[FR Doc. 2015–26935 Filed 10–22–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0562: FRL–9935–48– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Oregon: Lane 

Regional Air Protection Agency Open 

Burning Rules and Oregon Department 

of Environmental Quality Enforcement 

Procedures 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving into 

Oregon’s State Implementation Plan 

(SIP) a submittal from the Oregon 

Department of Environmental Quality 

(ODEQ) dated July 7, 2014, containing 

revisions to the Lane Regional Air 

Protection Agency’s (LRAPA) open 

burning rules adopted on March 14, 

2008. The revised LRAPA open burning 

rules make clarifications and provide for 

additional controls of open burning 

activities in Lane County, would reduce 

particulate emissions in Lane County, 

and would strengthen Oregon’s SIP. The 

EPA is also approving a submittal from 

the ODEQ dated June 30, 2014, to 

update Oregon Administrative Rules 

(OAR) that relate to procedures in 

contested cases (appeals), enforcement 

procedures, and civil penalties. The 

EPA is approving most of the submitted 

provisions because the revisions clarify 

and strengthen the SIP and are 

consistent with the Clean Air Act 

(CAA). The EPA is not approving 

certain provisions of the submitted rules 

that do not relate to the requirements for 

SIPs under section 110 of the CAA. 

Finally, the EPA is correcting the SIP 

pursuant to the authority of section 

110(k)(6) of the CAA to remove certain 

provisions previously approved by the 

EPA that do not relate to the 

requirements for SIPs under section 110 

of the CAA. 

DATES: This rule is effective on 

December 22, 2015, without further 

notice, unless the EPA receives adverse 

comment by November 23, 2015. If the 

EPA receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2014–0562, by any of the 

following methods: 

• Federal eRulemaking Portal http:// 

www.regulations.gov: Follow the on-line 

instructions for submitting comments. 

• Email: R10-Public_Comments@

epa.gov. 

• Mail: Mr. Keith Rose, EPA Region 

10, Office of Air, Waste, and Toxics, 

AWT–150, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. 

• Hand Delivery/Courier: EPA Region 

10, 1200 Sixth Avenue, Suite 900, 

Seattle, WA 98101. Attention: Mr. Keith 

Rose, Office of Air, Waste, and Toxics, 

AWT–150. Such deliveries are only 

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