Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations 40525 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. This interim final rule will 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

This interim final rule contains no 

provisions constituting a collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. Accordingly, no 

proposed rulemaking was required in 

connection with the adoption of this 

final rule. Pursuant to 5 U.S.C. 605(b), 

this final rule is exempt from the initial 

and final regulatory flexibility analyses 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance number and title for the 

program affected by this document is 

64.114, Veterans Housing—Guaranteed 

and Insured Loans. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. 

Robert D. Snyder, Chief of Staff, 

Department of Veterans Affairs, 

approved this document on May 31, 

2016, for publication. 

Dated: June 16, 2016. 

Jeffrey Martin, 

Office Program Manager, Office of Regulation 

Policy & Management, Office of the Secretary, 

Department of Veterans Affairs. 

List of Subjects in 38 CFR Part 36 

Condominiums, Housing, Individuals 

with disabilities, Loan programshousing and community development, 

Loan programs-veterans, Manufactured 

homes, Mortgage insurance, Reporting 

and recordkeeping requirements, 

Veterans. 

For the reasons set out in the 

preamble, VA amends 38 CFR parts 36 

and 42 as follows: 

PART 36—LOAN GUARANTY 

■ 1. The authority citation for part 36 

continues to read as follows: 

Authority: 38 U.S.C. 501 and as otherwise 

noted. 

■ 2. In § 36.4340, amend paragraphs 

(k)(1)(i) and (k)(3) by removing 

‘‘$10,000’’ and adding, in its place, 

‘‘$21,563’’ and by revising the authority 

citation at the end of the section to read 

as follows: 

§ 36.4340 Underwriting standards, 

processing procedures, lender 

responsibility, and lender certification. 

* * * * * 

(Authority: 28 U.S.C. 2461; 38 U.S.C. 3710) 

PART 42—STANDARDS 

IMPLEMENTING THE PROGRAM 

FRAUD CIVIL REMEDIES ACT 

■ 3. The authority citation for part 42 is 

revised to read as follows: 

Authority: Pub. L. 99–509, secs. 6101– 

6104, 100 Stat. 1874, codified at 31 U.S.C. 

3801–3812. 

■ 4. In § 42.3, amend paragraphs (a)(1) 

and (b)(1) by removing ‘‘$5,500’’ and 

adding, in its place, ‘‘$10,781’’, and by 

revising the authority citation at the end 

of the section, to read as follows: 

§ 42.3 Basis for Civil Penalties and 

Assessments. 

* * * * * 

(Authority: 28 U.S.C. 2461; 31 U.S.C. 3802) 

[FR Doc. 2016–14592 Filed 6–21–16; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0187; FRL–9948–01– 

Region 9] 

Limited Disapproval of Air Plan 

Revisions; Arizona; New Source 

Review; PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a limited 

disapproval of a revision to the Arizona 

Department of Environmental Quality 

(ADEQ) portion of the Arizona State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA or Act). This ADEQsubmitted SIP revision primarily was 

intended to serve as a replacement of 

ADEQ’s SIP-approved rules for the 

issuance of New Source Review (NSR) 

permits for stationary sources, including 

but not limited to the rules governing 

the review and permitting of major 

sources and major modifications under 

the Act. This action concerns only the 

major nonattainment NSR provisions in 

ADEQ’s submittal as they pertain to the 

Nogales and West Central Pinal 

nonattainment areas for particulate 

matter with a diameter of 2.5 

micrometers or less (PM2.5). The EPA 

previously finalized a limited approval 

for these PM2.5 nonattainment areas 

related to certain major nonattainment 

NSR permitting requirements for PM2.5

under the CAA. We subsequently 

proposed a limited disapproval for these 

PM2.5 nonattainment areas to set the 

stage for remedying certain deficiencies 

related to these nonattainment NSR 

permitting requirements for PM2.5, and 

this action finalizes this limited 

disapproval. 

DATES: This rule will be effective on July 

22, 2016. 

ADDRESSES: The EPA has established 

docket number EPA–R09–OAR–2015– 

0187 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: Lisa 

Beckham, EPA Region IX, (415) 972– 

3811, beckham.lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 2, 2016, the EPA proposed a 

limited disapproval of the major 

nonattainment NSR portion of ADEQ’s 

NSR SIP submittal for PM2.5 as it 

pertains to the requirements of CAA 

section 189(e). See 81 FR 26185. 

ADEQ’s NSR SIP submittal generally 

includes requirements for the PM2.5


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40526 Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations 

nonattainment NSR program for major 

sources consistent with the provisions 

promulgated in the EPA’s 2008 NSR 

PM2.5 Rule. Specifically, ADEQ’s NSR 

SIP submittal includes the PM2.5

significant emission rates at R18–2– 

101(130), regulation of certain PM2.5

precursors (SO2 and NOX) at R18–2– 

101(130), the regulation of PM10 and 

PM2.5 condensable emissions at R18–2– 

101(122)(f), and the emissions offset 

requirements at R18–2–403(A)(3). The 

EPA approved these provisions into 

ADEQ’s SIP as part of a limited approval 

and limited disapproval, and other 

actions, on November 2, 2015 (80 FR 

67319). At that time, we did not 

determine that the submittal fully 

addressed section 189(e) in title I, Part 

D, subpart 4 of the Act, related to NSR 

permitting requirements for PM2.5 for 

major stationary sources in PM2.5

nonattainment areas, and instead 

finalized a limited approval related to 

the requirements of subpart 4 based on 

this issue. 

For PM2.5 nonattainment areas, CAA 

section 189(e) requires that the control 

requirements applicable under plans in 

effect under part D of the CAA for major 

stationary sources of PM2.5 also apply to 

major stationary sources of PM2.5

precursors, except where the 

Administrator determines that such 

sources do not contribute significantly 

to PM2.5 levels that exceed the standards 

in the area. In our May 2, 2016 proposed 

action, we proposed to determine that 

ADEQ’s NSR SIP submittal does not 

fully satisfy the major nonattainment 

NSR requirements for PM2.5 under 

section 189(e) of the Act for the Nogales 

and West Central Pinal PM2.5

nonattainment areas, based on our 

finding that the submittal does not 

include rules regulating VOCs or 

ammonia as PM2.5 precursors under the 

major source nonattainment NSR 

program, nor does it include a 

demonstration showing that the 

regulation of VOCs and ammonia is not 

necessary under section 189(e). 

The preamble in the Federal Register 

notification for our proposed action 

contains more information on the basis 

for this rulemaking and on our 

evaluation of the submittal. 

II. Public Comments and EPA 

Responses 

The EPA’s May 2, 2016 proposed 

action provided a 30-day public 

comment period. During this period, we 

did not receive any comments on our 

proposal. 

III. EPA Action 

No comments were submitted on our 

proposed action. Therefore, as 

authorized in sections 110(k) of the Act, 

the EPA is finalizing a limited 

disapproval of the ADEQ NSR SIP 

submittal for the Nogales and West 

Central Pinal PM2.5 nonattainment areas 

under section 189(e) of the Act related 

to PM2.5 precursors. 

As a result of this final action, the 

EPA must promulgate a federal 

implementation plan (FIP) under 

section 110(c) to address the 

deficiencies that are the subject of this 

action unless we approve subsequent 

SIP revisions that correct the 

deficiencies within 24 months. In 

addition, sanctions will be imposed 

unless the EPA approves subsequent SIP 

revisions that correct these deficiencies 

within 18 months of the effective date 

of this action. These sanctions would be 

imposed under section 179 of the Act 

and 40 CFR 52.31. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a significant 

regulatory action and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose an 

information collection burden under the 

PRA because this action does not 

impose additional requirements beyond 

those imposed by state law. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. This action will not 

impose any requirements on small 

entities beyond those imposed by state 

law. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain any 

unfunded mandate as described in 

UMRA, 2 U.S.C. 1531–1538, and does 

not significantly or uniquely affect small 

governments. This action does not 

impose additional requirements beyond 

those imposed by state law. 

Accordingly, no additional costs to 

State, local, or tribal governments, or to 

the private sector, will result from this 

action. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not 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. 

F. Executive Order 13175: Coordination 

With Indian Tribal Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175, because the SIP is not 

approved to apply on any Indian 

reservation land or in any other area 

where the EPA or an Indian tribe has 

demonstrated that a tribe has 

jurisdiction, and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law. 

Thus, Executive Order 13175 does not 

apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 as applying only to those 

regulatory actions that concern 

environmental health or safety risks that 

the EPA has reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045 

because it does not impose additional 

requirements beyond those imposed by 

state law. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12(d) of the NTTAA directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. The EPA believes that this 

action is not subject to the requirements 

of section 12(d) of the NTTAA because 

application of those requirements would 

be inconsistent with the CAA. 


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Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations 40527 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Population 

The EPA lacks the discretionary 

authority to address environmental 

justice in this rulemaking. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

L. Petitions for Judicial Review 

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 August 22, 2016. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 13, 2016. 

Alexis Strauss, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2016–14669 Filed 6–21–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[MB Docket No. 03–185; GN Docket No. 12– 

268; ET Docket No. 14–175; FCC 15–175] 

Low Power Television Digital Rules 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, 

certain information collection 

requirements associated with the 

Commission’s Low Power Television 

Digital Rules Report and Order, FCC 15– 

175. This document is consistent with 

the Low Power Television Digital Rules 

Report and Order, which stated that the 

Commission would publish a document 

in the Federal Register announcing 

OMB approval and the effective date of 

the rule. 

DATES: 47 CFR 74.800, published at 81 

FR 5041, February 1, 2016, is effective 

June 22, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams, Cathy.Williams@

fcc.gov, (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on June 15, 

2016, OMB approved the information 

collection requirements contained in the 

Commission’s Low Power Television 

Digital Rules Report and Order, FCC 15– 

175, published at 81 FR 5041, February 

1, 2016. The OMB Control Number is 

3060–1177. The Commission publishes 

this document as an announcement of 

the effective date of the requirement. If 

you have any comments on the burden 

estimates listed below, or how the 

Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street SW., Washington, DC 20554. 

Please include the OMB Control 

Number, 3060–1177, in your 

correspondence. The Commission will 

also accept your comments via the 

Internet if you send them to PRA@

fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received OMB approval on June 15, 

2016 for the information collection 

requirements contained in FCC 15–175, 

47 CFR 74.800. Under 5 CFR 1320, an 

agency may not conduct or sponsor a 

collection of information unless it 

displays a current, valid OMB Control 

Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1177. The foregoing document is 

required by the Paperwork Reduction 

Act of 1995, Public Law 104–13, 

October 1, 1995, and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control No.: 3060–1177. 

OMB Approval Date: June 15, 2016. 

OMB Expiration Date: June 30, 2019. 

Title: 47 CFR 74.800, Channel Sharing 

Agreement. 

Form Numbers: Not applicable. 

Respondents: Business or other for 

profit entities; Not for profit institutions; 

State, local or Tribal government. 

Number of Respondents/Responses: 

100 respondents; 100 responses. 

Estimated Hours per Response: 1 hr. 

Frequency of Response: One time 

reporting requirement. 

Total Annual Burden: 100 hours. 

Total Annual Cost: $54,000. 

Obligation to Respond: Required to 

obtain benefits. The statutory authority 

for this information collection is 

contained in sections 1, 4(i) and (j), 7, 

154(i), 301, 302, 303, 307, 308, 309, 312, 

316, 318, 319, 324, 325, 336 and 337 of 

the Communications Act of 1934, as 

amended. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Privacy Act Assessment: No impact(s). 

Needs and Uses: On December 18, 

2015, the Commission released a Third 

Report and Order and Fourth Notice of 

Proposed Rulemaking, In the Matter of 

Amendment of Parts 73 and 74 of the 

Commission’s Rules to Establish Rules 

for Digital Low Power Television and 

Television Translator Stations, MB 

Docket No. 03–185, FCC 15–175. Low 

power television and television 

translator stations (collectively ‘‘LPTV 

stations’’) will be required to include 

certain terms in their channel sharing 

agreements (CSAs) and to file their 

CSAs with the Commission. This new 

requirement is provided in 47 CFR 

74.800. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary. 

[FR Doc. 2016–14804 Filed 6–21–16; 8:45 am] 

BILLING CODE 6712–01–P 


sradovich on DSK3TPTVN1PROD with RULES