60540 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 

youth but not be available to older people covered 

by the ADEA. 

Regulatory Procedures 

The Commission finds that public 

notice-and-comment on this rule is 

unnecessary, because the revision 

makes no substantive change; it merely 

corrects an internal cross-referencing 

error. The rule is therefore exempt from 

the notice-and-comment requirements 

of 5 U.S.C. 553(b) under 5 U.S.C. 

553(b)(B). This technical correction also 

is not ‘‘significant’’ for purposes of 

Executive Order 12866, as reaffirmed by 

E.O. 13563, and therefore is not subject 

to review by Office of Management and 

Budget. 

Regulatory Analysis 

Since this technical correction 

contains no substantive changes to the 

law, EEOC certifies that it contains no 

new information collection 

requirements subject to review by the 

Office of Management and Budget under 

the Paperwork Reduction Act (44 U.S.C. 

chapter 35), it requires no formal costbenefit analysis pursuant to E.O. 12866, 

it creates no significant impact on small 

business entities subject to review under 

the Regulatory Flexibility Act, and it 

imposes no new economic burden 

requiring further analysis under the 

Unfunded Mandates Reform Act of 

1995. 

Congressional Review Act 

This correction is defined as a rule 

under the Congressional Review Act, 

but not as a major rule. As a result, it 

was provided to Congress and the 

General Accountability Office pursuant 

to the requirements of 5 U.S.C. 801 as 

interpreted by Office of Management 

and Budget Memorandum M–99–13. 

List of Subjects in 29 CFR Part 1625 

Advertising, Age, Employee benefit 

plans, Equal employment opportunity, 

and Retirement. 

For the reasons stated in the 

preamble, the Equal Employment 

Opportunity Commission amends 29 

CFR part 1625 as follows: 

PART 1625—AGE DISCRIMINATION IN 

EMPLOYMENT ACT 

■ 1. The authority citation for 29 CFR 

part 1625 continues to read as follows: 

Authority: 29 U.S.C. 621–634; 5 U.S.C. 

301; Pub. L. 99–502, 100 Stat. 3342; 

Secretary’s Order No. 10–68; Secretary’s 

Order No. 11–68; sec. 2, Reorg. Plan No. 1 of 

1978, 43 FR 19807; Executive Order 12067, 

43 FR 28967. 

■ 2. Revise § 1625.21 to read as follows: 

§ 1625.21 Apprenticeship programs. 

All apprenticeship programs, 

including those apprenticeship 

programs created or maintained by joint 

labor-management organizations, are 

subject to the prohibitions of sec. 4 of 

the Age Discrimination in Employment 

Act of 1967, as amended, 29 U.S.C. 623. 

Age limitations in apprenticeship 

programs are valid only if excepted 

under sec. 4(f)(1) of the Act, 29 U.S.C. 

623(f)(1), or exempted by the 

Commission under sec. 9 of the Act, 29 

U.S.C. 628, in accordance with the 

procedures set forth in 29 CFR 1625.30. 

For the Commission. 

Jenny R. Yang, 

Chair. 

[FR Doc. 2015–25491 Filed 10–6–15; 8:45 am] 

BILLING CODE 6570–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2012–0974, FRL–9935–15– 

Region 8] 

Promulgation of State Implementation 

Plan Revisions; Infrastructure 

Requirements for the 2008 Ozone, 2008 

Lead, and 2010 NO2 National Ambient 

Air Quality Standards; North Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving elements of 

State Implementation Plan (SIP) 

revisions from the State of North Dakota 

to demonstrate the State meets 

infrastructure requirements of the Clean 

Air Act (Act, CAA) for the National 

Ambient Air Quality Standards 

(NAAQS) promulgated for ozone on 

March 12, 2008; lead (Pb) on October 

15, 2008; and nitrogen dioxide (NO2) on 

January 22, 2010. Section 110(a) of the 

CAA requires that each state submit a 

SIP for the implementation, 

maintenance, and enforcement of each 

NAAQS promulgated by EPA. 

DATES: This rule is effective November 

6, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification Number EPA–R08–OAR– 

2012–0974. All documents in the docket 

are listed on the http://

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 the disclosure of 

which is restricted by statute. Certain 

other material, such as copyrighted 

material, is not placed on the Internet 

and will be publicly available only in 

the hard copy form. Publicly available 

docket materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

EPA Region 8, Office of Partnerships 

and Regulatory Assistance, Air Program, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. The EPA requests that you 

contact the individual listed in the FOR

FURTHER INFORMATION CONTACT section to 

view the hard copy of the docket. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:00 a.m.–4:00 p.m., excluding federal 

holidays. An electronic copy of the 

State’s SIP compilation is also available 

at http://www.epa.gov/region8/air/

sip.html. 

FOR FURTHER INFORMATION CONTACT: 

Abby Fulton, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, 303–312–6563, 

fulton.abby@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Infrastructure requirements for SIPs 

are provided in section 110(a)(1) and (2) 

of the CAA. Section 110(a)(2) lists the 

specific infrastructure elements that a 

SIP must contain or satisfy. The 

elements that are the subject of this 

action are described in detail in our 

notice of proposed rulemaking (NPR) 

published on July 15, 2015 (80 FR 

41450). 

The NPR proposed approval of North 

Dakota’s submissions with respect to the 

following CAA section 110(a)(2) 

infrastructure elements for the 2008 

ozone, 2008 Pb, and 2010 NO2 NAAQS: 

(A), (B), (C) with respect to minor NSR 

and PSD requirements, (D)(i)(II) 

elements 3 and 4, (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M); and D(i)(I) 

elements 1 and 2 for the 2008 Pb and 

2010 NO2 NAAQS. The NPR also 

proposed approval of element 4 of CAA 

section 110(a)(2)(D)(i)(II) for the 2006 

fine particulate matter (PM2.5) NAAQS. 

EPA will act separately on infrastructure 

element (D)(i)(I), interstate transport 

elements 1 and 2 for the 2008 ozone 

NAAQS. The reasons for our approvals 

are provided in detail in the NPR. 

II. Response to Comments 

No comments were received on our 

July 15, 2015 NPR. 

III. Final Action 

EPA is approving the following 

infrastructure elements for the 2008 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60541 

1This action also corrects an error to a Federal 

Register citation in our NPR (80 FR 41450, July 15, 

2015) on page 41454. The NPR incorrectly cites 

approval of the State’s SIP-approved minor NSR 

program at 60 FR 43401 rather than the correct 

citation of 42 FR 26977 (May 26, 1977). 

ozone, 2008 Pb, and 2010 NO2 NAAQS: 

CAA 110(a)(2) (A), (B), (C) with respect 

to minor NSR and PSD requirements, 

(D)(i)(II) elements 3 and 4, (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M). EPA 

is approving element 4 of 

110(a)(2)(D)(i)(II) for the 2006 PM2.5

NAAQS. Finally, EPA is approving 

D(i)(I) elements 1 and 2 for the 2008 Pb 

and 2010 NO2 NAAQS. EPA will act 

separately on infrastructure element 

(D)(i)(I), interstate transport elements 1 

and 2 for the 2008 ozone NAAQS.1

IV. Statutory and Executive Orders 

Review 

Under the CAA, 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 approves relevant 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, 

Oct. 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, Aug. 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, Feb. 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 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 December 7, 

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 CAA 

section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, 

Greenhouse gases, Lead, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: September 21, 2015. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 JJ—North Dakota 

■ 2. Section 52.1833 is amended by 

adding paragraph (d) to read as follows: 

§ 52.1833 Section 110(a)(2) infrastructure 

requirements. 

* * * * * 

(d) EPA is approving the following 

infrastructure elements for the 2008 

ozone, 2008 Pb, and 2010 NO2 NAAQS: 

CAA 110(a)(2) (A), (B), (C) with respect 

to minor NSR and PSD requirements, 

(D)(i)(II) elements 3 and 4, (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M). EPA 

is approving element 4 of 

110(a)(2)(D)(i)(II) for the 2006 PM2.5

NAAQS. Finally, EPA is approving 

D(i)(I) elements 1 and 2 for the 2008 Pb 

and 2010 NO2 NAAQS. 

[FR Doc. 2015–25347 Filed 10–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2014–0605; A–1–FRL– 

9935–31–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Sulfur Content of Fuels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Rhode Island 

on June 26, 2014, with supplemental 

submittals on March 25, 2015 and 

August 28, 2015. This SIP revision 

includes a regulation that has been 

revised to require a lower sulfur content 

for petroleum-based distillate and 

residual fuel oils. In addition, outdated 

provisions in the regulation have been 

removed. The intended effect of this 

action is to approve this regulation into 

the Rhode Island SIP. This action is 


asabaliauskas on DSK5VPTVN1PROD with RULES