44210 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the regulations in 33 

CFR 165.1123 for a safety zone on the 

waters of San Diego Bay, CA for the San 

Diego, CA POPS Fireworks Display in 

33 CFR 165.1123, Table 1, Item 1 of that 

section, from 9:00 p.m. through 10:00 

p.m. on specific evenings from July 1, 

2016 to September 4, 2016. This 

enforcement action is being taken to 

provide for the safety of life on 

navigable waterways during the 

fireworks events. Our regulation for 

southern California annual fireworks 

events for the San Diego Captain of the 

Port Zone identifies the regulated 

entities for the events. Under the 

provisions of 33 CFR 165.1123, a vessel 

may not enter the regulated area, unless 

it receives permission from the Captain 

of the Port, or his designated 

representative. Spectator vessels may 

safely transit outside the regulated area 

but may not anchor, block, loiter, or 

impede the transit of participants or 

official patrol vessels. The Coast Guard 

may be assisted by other Federal, state, 

or local law enforcement agencies in 

enforcing this regulation. 

This document is issued under 

authority of 33 CFR 165.1123 and 5 

U.S.C. 552(a). In addition to this 

document in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

this enforcement period via the Local 

Notice to Mariners and local advertising 

by the event sponsor. 

If the Captain of the Port or his 

designated representative determines 

that the regulated area need not be 

enforced for the full duration stated on 

this document, he or she may use a 

Broadcast Notice to Mariners or other 

communications coordinated with the 

event sponsor to grant general 

permission to enter the regulated area. 

Dated: June 22, 2016. 

E.M. Cooper, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port San Diego. 

[FR Doc. 2016–16014 Filed 7–6–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0323; FRL–9948–68– 

Region 4] 

Air Plan Approval and Air Quality 

Designation; TN; Redesignation of the 

Sullivan County Lead Nonattainment 

Area to Attainment 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: On July 15, 2015, the State of 

Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC), submitted a 

request for the Environmental 

Protection Agency (EPA) to redesignate 

the Bristol, Tennessee 2008 lead 

nonattainment area (hereafter referred to 

as the ‘‘Bristol Area’’ or the ‘‘Area’’) to 

attainment for the 2008 lead National 

Ambient Air Quality Standards 

(NAAQS) and an associated State 

Implementation Plan (SIP) revision 

containing a maintenance plan and a 

reasonably available control measures 

(RACM) determination for the Area. 

EPA is taking the following separate 

final actions related to the July 15, 2015, 

redesignation request and SIP revision: 

Determining that the Bristol Area is 

continuing to attain the 2008 lead 

NAAQS; approving and incorporating 

into the SIP the State’s plan for 

maintaining attainment of the 2008 lead 

standard; approving and incorporating 

into the SIP the State’s RACM 

determination; and redesignating the 

Bristol Area to attainment for the 2008 

lead NAAQS. 

DATES: This rule will be effective August 

8, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0323. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not 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: 

Sean Lakeman of 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. Mr. 

Lakeman may be reached by phone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 12, 2008, EPA 

promulgated a revised primary and 

secondary lead NAAQS of 0.15 

micrograms per cubic meter (mg/m3). 

See 73 FR 66964. Under EPA’s 

regulations at 40 CFR part 50, the 2008 

lead NAAQS are met when the 

maximum arithmetic 3-month mean 

concentration for a 3-year period, as 

determined in accordance with 

appendix R of 40 CFR part 50, is less 

than or equal to 0.15 mg/m3. See 40 CFR 

50.16. Ambient air quality monitoring 

data for the 3-year period must meet a 

data completeness requirement. 

EPA designated the Bristol Area as a 

nonattainment area for the 2008 lead 

NAAQS on November 22, 2010 

(effective December 31, 2010), using 

2007–2009 ambient air quality data. See 

75 FR 71033. This established an 

attainment date five years after the 

December 31, 2010, effective date for the 

2008 lead nonattainment designations 

pursuant to CAA section 172(a)(2)(A). 

Therefore, the Bristol Area’s attainment 

date is December 31, 2015. EPA 

determined that Tennessee had attained 

the 2008 lead NAAQS prior to the 

attainment date and issued a Clean Data 

Determination on August 29, 2012 (77 

FR 52232). 

In a notice of proposed rulemaking 

(NPRM) published on April 26, 2016 (81 

FR 24536), EPA proposed to approve 

four separate but related actions: (1) To 

approve Tennessee’s RACM 

determination for the Bristol Area 

pursuant to Clean Air Act (CAA or Act) 

section 172(c)(1) into the SIP; (2) to 

determine that the Area is continuing to 

attain the 2008 lead NAAQS; (3) to 

approve Tennessee’s maintenance plan 

for maintaining the 2008 lead NAAQS 

in the Area into the SIP; and (4) to 


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Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations 44211 

redesignate the Area. No comments 

were received on the April 26, 2016, 

proposed rulemaking. The details of 

Tennessee’s submittal and the rationale 

for EPA’s actions are further explained 

in the NPRM. See 81 FR 24536 (April 

26, 2016). 

II. What are the effects of these actions? 

Approval of Tennessee’s 

redesignation request changes the legal 

designation of the Bristol Area, found at 

40 CFR 81.343, from nonattainment to 

attainment for the 2008 lead NAAQS. 

Approval of Tennessee’s associated SIP 

revision also incorporates a plan into 

the SIP for maintaining the 2008 lead 

NAAQS in the Sullivan County (Bristol 

Area), Tennessee, through 2025 and a 

RACM determination for the Area. 

III. Final Action 

EPA is taking a number of final 

actions regarding Tennessee’s July 15, 

2015, request to redesignate the Bristol 

Area to attainment and associated SIP 

revision. First, EPA is determining that 

the State’s Subpart 1 RACM 

determination for the Area meets the 

requirements of CAA section 172(c)(1) 

and incorporating this RACM 

determination into the SIP. 

Second, EPA is determining, based 

upon review of quality-assured and 

certified ambient monitoring data for 

the 2012–2014 period and upon review 

of preliminary data in Air Quality 

System for 2015, that the Area continues 

to attain the 2008 lead NAAQS 

following EPA’s August 29, 2012, 

determination of attainment. 

Third, EPA is approving the 

maintenance plan for the Area and 

incorporating it into the SIP. 

Fourth, EPA is approving Tennessee’s 

request for redesignation of the Area 

from nonattainment to attainment for 

the 2008 lead NAAQS. As mentioned 

above, approval of the redesignation 

request changes the official designation 

of the Bristol Area from nonattainment 

to attainment for the 2008 lead NAAQS. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, 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, these actions 

merely approve state law as meeting 

federal requirements and do not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

these proposed actions: 

• Are not significant regulatory 

actions 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are 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 

• Will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

In addition, 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 September 6, 2016. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: June 22, 2016. 

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 RR—Tennessee 

■ 2. In § 52.2220, the table in paragraph 

(e) is amended by adding the entry 

‘‘2008 Lead Maintenance Plan for the 

Bristol Area’’ at the end of the table to 

read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 


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44212 Federal Register / Vol. 81, No. 130 / Thursday, July 7, 2016 / Rules and Regulations 

(e) * * * 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State effective 

date EPA approval date Explanation 

*******

2008 Lead Maintenance Plan for 

the Bristol Area.

Bristol Area .................................. 7/10/2015 7/7/2016 [insert Federal 

Register citation].

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 4. In § 81.343, the table entitled 

‘‘Tennessee—2008 Lead NAAQS’’ is 

amended by revising the entry ‘‘Bristol, 

TN:’’ to read as follows: 

§ 81.343 Tennessee. 

* * * * * 

TENNESSEE—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 NAAQSa

Date 1 Type 

Bristol, TN: 

Sullivan County (part) ................................................................................................... 7/7/2016 Attainment 

Area is bounded by a 1.25 km radius surrounding the UTM coordinates 4042923 

meters E., 386267 meters N., Zone 17, which surrounds the Exide Technologies 

Facility.

* * * * * * * 

a Includes Indian Country in each county or area, except as otherwise specified. 

1 December 31, 2011 unless otherwise noted. 

[FR Doc. 2016–16002 Filed 7–6–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 60 

[EPA–HQ–OAR–2014–0866; FRL–9948–65– 

OAR] 

RIN 2060–AS43 

Standards of Performance for 

Stationary Compression Ignition 

Internal Combustion Engines 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing amendments 

to the standards of performance for 

stationary compression ignition (CI) 

internal combustion engines to allow 

manufacturers to design the engines so 

that operators can temporarily override 

performance inducements related to the 

emission control system for stationary 

CI internal combustion engines. The 

amendments apply to engines operating 

during emergency situations where the 

operation of the engine or equipment is 

needed to protect human life, and to 

require compliance with Tier 1 emission 

standards during such emergencies. The 

EPA is also amending the standards of 

performance for certain stationary CI 

internal combustion engines located in 

remote areas of Alaska. 

DATES: This final rule is effective on 

September 6, 2016. 

ADDRESSES: Docket: The EPA has 

established a docket for this action 

under Docket ID No. EPA–HQ–OAR– 

2014–0866. All documents in the docket 

are listed in the http://

www.regulations.gov index. The EPA 

also relies on materials in Docket ID 

Nos. EPA–HQ–OAR–2008–0708, EPA– 

HQ–OAR–2010–0295, and EPA–HQ– 

OAR–2011–1032, and incorporates 

those dockets into the record for this 

final rule. 

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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http://

www.regulations.gov or in hard copy at 

the EPA Docket Center, EPA WJC West 

Building, Room 3334, 1301 Constitution 

Ave. NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding federal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Air Docket 

is (202) 566–1742. Visit the EPA Docket 

Center homepage at http://

www.epa.gov/dockets for additional 

information about the EPA’s public 

docket. 

In addition to being available in the 

docket, an electronic copy of this final 

rule will be available on the World 

Wide Web (WWW). Following 

signature, a copy of this final rule will 

be posted at the following address: 

http://www3.epa.gov/ttn/atw/icengines. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Melanie King, Energy Strategies Group, 

Sector Policies and Programs Division 

(D243–01), Environmental Protection 

Agency, Research Triangle Park, North 

Carolina 27711; telephone number: 

(919) 541–2469; facsimile number: (919) 

541–5450; email address: king.melanie@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Organization of this document. The 

information presented in this preamble 

is organized as follows: 


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