Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 63429 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Joe Arca, 

Project Officer, First Coast Guard 

District, telephone (212) 514–4336, 

email joe.m.arca@uscg.mil. 

SUPPLEMENTARY INFORMATION: The AK 

Railroad Bridge, across Arthur Kill, mile 

11.6, between Staten Island, New York 

and Elizabeth, New Jersey has a vertical 

clearance in the closed position of 31 

feet at MHW and 35 feet at MLW. The 

existing drawbridge operation 

regulations are listed at 33 CFR 117.702. 

The waterway supports both 

commercial and recreational navigation 

of various vessel sizes. The operator of 

the bridge, Conrail, requested a 

temporary deviation to facilitate 

scheduled maintenance, tie and miter 

rail replacement at the bridge. The 

bridge must remain in the closed 

position to perform this maintenance. 

Under this temporary deviation the 

draw may remain in the closed position 

as follows: 

On October 23, 2015 from 6 a.m. to 

10:26 a.m. and from 12:26 p.m. to 4:11 

p.m. 

On October 24, 2015 from 7:00 a.m. to 

11:22 a.m. and from 1:32 p.m. to 5:13 

p.m. 

On October 25, 2015 from 7:46 a.m. to 

12:17 p.m. and from 2:17 p.m. to 6:09 

p.m. 

On October 30, 2015 from 5:51 a.m. to 

9:58 a.m. and from 11:58 a.m. to 4:36 

p.m. 

On October 31, 2015 from 6:41 a.m. to 

10:56 a.m. and from 12:56 p.m. to 5:28 

p.m. 

On November 1, 2015 from 6:30 a.m. 

to 10:54 a.m. and from 12:54 p.m. to 

5:25 p.m. 

On November 6, 2015, 5:17 a.m. to 

9:28 a.m. and from 11:28 a.m. to 3:32 

p.m. 

On November 7, 2015, from 6:07 a.m. 

to 10:15 a.m. and from 12:15 p.m. to 

4:21 p.m. 

On November 8, 2015 from 6:51 a.m. 

to 11:00 a.m. and from 1:00 p.m. to 5:06 

p.m. 

On November 13, 2015, from 3:49 

a.m. to 7:40 a.m., from 9:40 a.m. to 2:28 

p.m., and from 4:28 p.m. to 8:04 p.m. 

On November 14, 2015, from 4:24 

a.m. to 8:11 a.m. and from 10:11 a.m. to 

3:07 p.m. 

On November 15, 2015, from 4:59 

a.m. to 8:50 a.m. and from 10:50 a.m. to 

3:48 p.m. 

On November 20, 2015 from 3:24 a.m. 

to 8:07 a.m., from 10:07 a.m. to 1:42 

p.m., and from 3:42 p.m. to 8:36 p.m. 

On November 21, 2015 from 4:27 a.m. 

to 9:09 a.m. and from 11:09 a.m. to 2:49 

p.m. 

On November 22, 2015 from 5:29 a.m. 

to 10:06 a.m. and from 12:06 p.m. to 

3:53 p.m. 

On December 4, 2015 from 3:07 a.m. 

to 7:23 a.m., from 9:23 a.m. to 1:14 p.m., 

and from 3:14 p.m. to 7:54 p.m. 

On December 5, 2015 from 3:54 a.m. 

to 8:20 a.m. and from 10:20 a.m. to 2:06 

p.m. 

On December 6, 2015 from 4:48 a.m. 

to 9:10 a.m. and from 11:10 a.m. to 3:00 

p.m. 

On December 11, 2015 from 2:45 a.m. 

to 6:44 a.m., from 8:44 a.m. to 1:26 p.m., 

and from 3:26 p.m. to 7:08 p.m. 

On December 12, 2015 from 3:26 a.m. 

to 7:17 a.m. and from 9:17 a.m. to 2:07 

p.m. 

On December 13, 2015 from 4:06 a.m. 

to 7:54 a.m. and from 9:54 a.m. to 2:48 

p.m. 

Vessels able to pass through the 

bridge in the closed positions may do so 

at anytime. 

There are no alternate routes for vessel 

traffic. The bridge can be opened in an 

emergency. 

The Coast Guard will also inform the 

users of the waterway through our Local 

Notices to Mariners of the change in 

operating schedule for the bridge so that 

vessels can arrange their transits to 

minimize any impact caused by the 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 7, 2015. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2015–26609 Filed 10–19–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0259; FRL–9935–68– 

Region 6] 

Clean Air Act Redesignation Substitute 

for the Houston-Galveston-Brazoria 1- 

Hour Ozone Nonattainment Area; 

Texas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a 

redesignation substitute demonstration 

provided by the State of Texas that the 

Houston-Galveston-Brazoria 1-hour 

ozone nonattainment area (HGB area) 

has attained the revoked 1-hour ozone 

National Ambient Air Quality Standards 

(NAAQS) due to permanent and 

enforceable emission reductions, and 

that it will maintain that NAAQS for ten 

years from the date of the EPA’s 

approval of this demonstration. 

DATES: This final rule is effective on 

November 19, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2014–0259. 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 wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background 

The background for today’s action is 

discussed in detail in our August 18, 

2015 proposal (80 FR 49970). In that 

notice, we proposed to approve the 

‘‘Redesignation Substitute Report for the 

Houston-Galveston-Brazoria One-Hour 

Standard Nonattainment Area’’ 

(redesignation substitute report) 

submitted by TCEQ to EPA on July 22, 

2014, that demonstrated attainment 

with the revoked 1-hour ozone standard. 

We did not receive any comments 

regarding our proposal. 

II. Final Action 

Based on the Clean Air Act’s criteria 

for redesignation to attainment (CAA 

section 107(d)(3)(E)) and the regulation 

for a redesignation substitute (40 CFR 

51.1105(b)), EPA is finding that Texas 

has successfully demonstrated it has 

met the requirements for a redesignation 

substitute. In this final action we are 

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63430 Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 

1Proposal, Redesignation Substitute for Houston 

1 hour ozone Standard, (80 FR 49970), August 18, 

2015 and normally we would include in our basis 

for the final action comments and Comment 

Response Summary, but we received to comments 

on the cited proposal. 

approving the redesignation substitute 

for the HGB area based on our 

evaluation that the demonstration 

provided by the State of Texas that 

shows that the HGB area has attained 

the revoked 1-hour ozone NAAQS due 

to permanent and enforceable emission 

reductions, and that it will maintain 

that NAAQS for ten years from the date 

of this final action. In addition, this 

final action is based on the proposal 1

and the accompanying Technical 

Support Document (TSD). 

With this final action, Texas is no 

longer required to adopt any additional 

applicable 1-hour ozone NAAQS 

requirements for the area which have 

not already been approved into the SIP. 

Generally, final action would also allow 

the state to remove or revise the 1-hour 

ozone NAAQS nonattainment NSR 

provisions in the SIP and, upon a 

showing of consistency with the antibacksliding checks in CAA sections 

110(1) and 193 (if applicable), shift 1- 

hour ozone NAAQS requirements which 

are contained in the active portion of 

the SIP to the contingency measures 

portion of the SIP. We note that because 

the HGB area was classified as severe 

nonattainment for the 1997 ozone 

NAAQS the severe classification NSR 

requirement would still apply (October 

1, 2008, 73 FR 56983). 

III. Statutory and Executive Order 

Reviews 

Under Executive Orders 12866 (58 FR 

51735, October 4, 1993) and 13563 (76 

FR 3821, January 21, 2011), this action 

is not a ‘‘significant regulatory action’’ 

and therefore is not subject to review by 

the Office of Management and Budget. 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

a demonstration provided by the State 

of Texas and finds that the HGB area is 

no longer subject to the anti-backsliding 

obligations for additional measures for 

the revoked 1-hour ozone NAAQS; and 

imposes no additional requirements. 

Accordingly, I certify that this rule will 

not have a significant economic impact 

on a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

does not impose any additional 

enforceable duties, it 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). 

This rule also does not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it have substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a demonstration provided by 

the State of Texas and finds that the 

HGB area is no longer subject to the 

anti-backsliding obligations for 

additional measures for the revoked 1- 

hour ozone NAAQS; and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

The rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Additionally, this rule does not involve 

establishment of technical standards, 

and thus, the requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) do not apply. 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. EPA 

has determined that this rule will not 

have disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations because it does not affect 

the level of protection provided to 

human health or the environment. The 

rulemaking does not affect the level of 

protection provided to human health or 

the environment because approving the 

demonstration provided by Texas and 

finding that the HGB area is no longer 

subject to the anti-backsliding 

obligations for additional measures for 

the revoked 1-hour ozone NAAQS does 

not alter the emission reduction 

measures that are required to be 

implemented in the HGB area, which 

was classified as Severe nonattainment 

for the 1997 8-hour ozone standard. See 

73 FR 56983, October 1, 2008, and 40 

CFR 51.1105. Additionally, the rule is 

not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997). 

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 21, 

2015. 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, Ozone. 

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

Dated: September 30, 2015. 

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. 

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Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Rules and Regulations 63431 

Subpart SS—Texas 

■ 2. Section 52.2275 is amended by 

adding paragraph (j) to read as follows: 

§ 52.2275 Control strategy and 

regulations: Ozone. 

* * * * * 

(j) Approval of Redesignation 

Substitute for the Houston-GalvestonBrazoria 1-hour Ozone Nonattainment 

Area. EPA has approved the 

redesignation substitute for the 

Houston-Galveston-Brazoria 1-hour 

ozone nonattainment area submitted by 

the State of Texas on July 22, 2014. The 

State is no longer being required to 

adopt any additional applicable 1-hour 

ozone NAAQS requirements for the 

area. 

[FR Doc. 2015–26302 Filed 10–19–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2013–0614; FRL–9935–53– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Albuquerque/Bernalillo 

County; Revisions to State Boards and 

Conflict of Interest Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Albuquerque/Bernalillo County, 

New Mexico State Implementation Plan 

(SIP). These revisions add 

administrative updates and clarifying 

changes to the state board and conflict 

of interest provisions in Albuquerque/

Bernalillo County. The EPA is 

approving these revisions pursuant to 

section 110 of the Clean Air Act (CAA). 

DATES: This rule is effective on 

December 21, 2015 without further 

notice unless EPA receives relevant 

adverse comments by November 19, 

2015. If EPA receives such comments, 

EPA 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–R06– 

OAR–2013–0614, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions. 

• Email: Mr. John Walser at 

walser.john@epa.gov. Please also send a 

copy by email to the person listed in the 

FOR FURTHER INFORMATION CONTACT

section below. 

• Mail or Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2013– 

0614. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index and in hard copy at EPA Region 

6, 1445 Ross Avenue, Suite 700, Dallas, 

Texas. While all documents in the 

docket are listed in the index, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material), and some may 

not be publicly available at either 

location (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Walser (6PD–L), (214) 665–7128, 

walser.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means EPA. 

Table of Contents 

I. Background 

A. What is a SIP? 

B. State Boards 

II. Overview of the June 13, 2013 State 

Submittal 

III. EPA’s Evaluation of the Submittal 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background 

A. What is a SIP? 

Section 110 of the CAA requires states 

to develop air pollution regulations and 

control strategies to ensure that air 

quality meets the National Ambient Air 

Quality Standards (NAAQS) established 

by EPA. The NAAQS are established 

under section 109 of the CAA and 

currently address six criteria pollutants: 

Carbon monoxide, nitrogen dioxide, 

ozone, lead, particulate matter, and 

sulfur dioxide. A SIP is a set of air 

pollution regulations, control strategies, 

other means or techniques, and 

technical analyses developed by the 

state, to ensure that air quality in the 

state meets the NAAQS. It is required by 

section 110 and other provisions of the 

CAA. A SIP protects air quality 

primarily by addressing air pollution at 

its point of origin. SIPs can be extensive, 

containing state regulations or other 

enforceable documents, and supporting 

information such as city and county 

ordinances, monitoring networks, and 

modeling demonstrations. Each state 

must submit any SIP revision to EPA for 

approval and incorporation into the 

federally-enforceable SIP. 

The New Mexico SIP includes a 

variety of control strategies, including 

the regulations that outline general 

provisions applicable to Albuquerque/

Bernalillo County Air Quality Control 

Board (AQCB) regulations and state 

boards/conflict of interest requirements. 

B. State Boards 

The Act, section 128(a) entitled State 

Boards, requires each SIP to contain 

provisions which ensure that: (1) Any 

board or body which approves permits 

or enforcement orders under the Act 

shall have at least a majority of members 

who represent the public interest and do 

not derive any significant portion of 

their income from persons subject to 

permits or enforcement orders under the 

Act, and (2) any potential conflicts of 

interest by members of such board or 

body, or the head of an executive agency 

with similar powers, be adequately 

disclosed. 

A state may adopt any requirements 

respecting conflicts of interest for such 

boards or bodies or heads of executive 

agencies, or any other entities which are 

more stringent than the requirements of 

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