1320 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 

1These regulations conform to the new 

nomenclature for Mississippi’s state regulations 

pursuant to the State’s recently amended 

Administrative Procedures Act. Mississippi has not 

provided EPA with a SIP revision to renumber the 

state regulations currently incorporated into the 

SIP. 

2Section 182(a)(3)(B) of the CAA requires each 

state with ozone nonattainment areas to submit a 

SIP revision requiring annual emissions statements 

to be submitted to the state by the owner or operator 

of each NOX or VOC stationary source located 

within a nonattainment area showing the actual 

emissions of NOX and VOC from that source. The 

first statement is due three years from the area’s 

nonattainment designation, and subsequent 

statements are due at least annually thereafter. 

and Treasury-designated debt collection 

centers to collect debts transferred 

under this section. Thus, by transferring 

debt to Fiscal Service or to a Treasurydesignated debt collection center under 

this section, Federal agencies will 

satisfy the requirement to notify the 

Secretary of debts for purposes of 

administrative offset and duplicate 

referrals are not required. Agencies 

relying on Fiscal Service to submit debts 

for administrative offset on the agency’s 

behalf must transfer the debts to Fiscal 

Service no later than 120 days after the 

debts become delinquent in order to 

satisfy the 120-day notice requirement 

for purposes of administrative offset. A 

debt which is not transferred to Fiscal 

Service for purposes of debt collection, 

however, such as a debt which falls 

within one of the exempt categories 

listed in paragraph (d) of this section, 

nevertheless may be subject to the DCIA 

requirement of notification to the 

Secretary for purposes of administrative 

offset. 

* * * * * 

David A. Lebryk, 

Fiscal Assistant Secretary. 

[FR Doc. 2015–33044 Filed 1–11–16; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0247; FRL–9940–87– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Mississippi; 

Memphis, TN–MS–AR Emissions 

Statements for the 2008 8-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the state implementation plan 

(SIP) revision submitted by the State of 

Mississippi, through the Mississippi 

Department of Environmental Quality 

(MDEQ) on August 28, 2015, to address 

the emissions statement requirements 

for the State’s portion of the Memphis, 

Tennessee-Mississippi-Arkansas 

(Memphis, TN–MS–AR) 2008 8-hour 

ozone national ambient air quality 

standards (NAAQS) nonattainment area 

(hereafter referred to as the ‘‘Memphis, 

TN–MS–AR Area’’ or ‘‘Area’’). Annual 

emissions reporting (i.e., emission 

statements) is required for all ozone 

nonattainment areas. The Area is 

comprised of Shelby County in 

Tennessee, Crittenden County in 

Arkansas, and a portion of DeSoto 

County in Mississippi. In this action, 

EPA is taking final action to approve the 

emissions statement requirements for 

DeSoto County in Mississippi portion of 

the Area. 

DATES: This final rule is effective 

February 11, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0247. 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: 

Tiereny Bell, 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. Bell 

can be reached at (404) 562–9088 and 

via electronic mail at bell.tiereny@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 28, 2015, MDEQ submitted 

a SIP revision to EPA that seeks to add 

11 Mississippi Administrative Code 

(MAC), Part 2, Chapter 11, ‘‘Regulations 

for Ambient Air Quality NonAttainment Areas,’’ 1 into the 

Mississippi SIP to meet the emissions 

statements requirement of CAA section 

182(a)(3)(B).2 This chapter of the MAC 

contains Rule 11.1—General, which 

states the purpose of the regulation; 

Rule 11.2—Definitions, which defines 

Commission, Department, NAAQS, 

Nonattainment Area, and Emissions 

Statement; and Rule—11.3 Emissions 

Statement, which: (1) Applies to all 

stationary sources of NOX [nitrogen 

oxides] or VOCs [volatile organic 

compounds] which have the potential to 

emit 25 tons or more of either pollutant 

per calendar year and are located in 

areas designated as nonattainment for 

the 2008 ozone NAAQS; (2) requires 

owners and operators of those stationary 

sources of NOX and VOC to provide a 

statement showing the actual emissions 

of NOX and VOCs from that source; and 

(3) requires that emissions statements be 

submitted to MDEQ by July 1 of every 

year, showing actual emissions of the 

previous calendar year and containing a 

certification that the information 

contained in the statement is accurate to 

the best knowledge of the individual 

certifying the statement. EPA has 

determined that these regulations meet 

all of the requirements of the Clean Air 

Act (CAA or Act) section 182(a)(3)(B) for 

the Mississippi portion of the Area 

because they cover the portion of 

DeSoto County within the Area and 

satisfy the applicability, certification, 

and other emissions statements criteria 

contained therein. 

In a notice of proposed rulemaking 

published on August 10, 2015, EPA 

proposed to approve Mississippi’s June 

1, 2015, draft SIP revision submitted for 

parallel processing that sought to add 

new Rules 11.1, 11.2, and 11.3 from 

Title 11 of the Mississippi 

Administrative Code, Part 2, Chapter 11 

into the SIP. See 80 FR 47883. The 

details of Mississippi’s submittal and 

the rationale for EPA’s actions are 

explained in the Proposed Rule. 

Comments on the proposed rulemaking 

were due on or before September 9, 

2015. No adverse comments were 

received. On August 28, 2015, 

Mississippi submitted a final SIP 

revision that did not contain any 

substantive changes from the draft 

version submitted on June 1, 2015. EPA 

is now taking final action to approve the 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 1321 

August 28, 2015 SIP revision as meeting 

the requirements of section 182(a)(3)(B) 

of the CAA. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, EPA is finalizing the 

incorporate by reference of Title 11 of 

the MAC, Part 2, Chapter 11 entitled 

‘‘Regulations for Ambient Air Quality 

Nonattainment Areas,’’ which adds a 

new Rule 11.1—General that states the 

purposes of the Chapter, a new Rule 

11.2—Definitions, and a new Rule 

11.3—Emissions Statement covering 

applicability, which were effective 

September 26, 2015. EPA has made, and 

will continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the Region 4 office (see the 

ADDRESSES section of this preamble for 

more information). 

III. Final Action 

EPA is approving the SIP revision 

submitted by Mississippi on August 28, 

2015, to incorporate 11 MAC, Part 2, 

Chapter 11, ‘‘Regulations for Ambient 

Air Quality Nonattainment Areas,’’ into 

its SIP to meet the section 182(a)(3)(B) 

emissions statements requirement for 

the Mississippi portion of the Memphis, 

TN–MS–AR Area. EPA has concluded 

that the State’s submission meets the 

requirements of the CAA. 

IV. 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). 

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 March 14, 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 in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: December 21, 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 Z—Mississippi 

■ 2. Section 52.1270(c) is amended by 

adding undesignated heading ‘‘11– 

MAC-Part 2–11 Regulations for Ambient 

Air Quality Nonattainment Areas’’ and 

entries ‘‘Rule 11.1’’, ‘‘Rule 11.2’’, and 

‘‘Rule 11.3’’ at the end of the table to 

read as follows: 

§ 52.1270 Identification of plan. 

* * * * * 

(c) * * * 


tkelley on DSK3SPTVN1PROD with RULES
1322 Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Rules and Regulations 

EPA-APPROVED MISSISSIPPI REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

*******

11–MAC-Part 2–11 Regulations for Ambient Air Quality Nonattainment Areas 

Rule 11.1 .......................... General ....................................................................... 9/26/2015 1/12/2016 [Insert citation 

of publication].

Rule 11.2 .......................... Definitions ................................................................... 9/26/2015 1/12/2016 Insert citation 

of publication].

Rule 11.3 .......................... Emissions Statement .................................................. 9/26/2015 1/12/2016 [Insert citation 

of publication].

[FR Doc. 2016–00086 Filed 1–11–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R2–ES–2011–0084; 

92220–1113–0000] 

RIN 1018–AH53 

Endangered and Threatened Wildlife 

and Plants; Removal of Frankenia 

johnstonii (Johnston’s frankenia) From 

the Federal List of Endangered and 

Threatened Plants 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule; availability of final 

post-delisting monitoring plan. 

SUMMARY: The best available scientific 

and commercial data indicate that 

Frankenia johnstonii (Johnston’s 

frankenia) has recovered. Therefore, 

under the authority of the Endangered 

Species Act of 1973, as amended (Act), 

we, the U.S. Fish and Wildlife Service 

(Service), remove (delist) the Johnston’s 

frankenia from the Federal List of 

Endangered and Threatened Plants. This 

determination is based on a thorough 

review of all available information, 

which indicates that the threats to this 

species have been eliminated or reduced 

to the point that the species has 

recovered and no longer meets the 

definition of threatened or endangered 

under the Act. We also announce the 

availability of the final post-delisting 

monitoring plan for Johnston’s 

frankenia. 

DATES: This rule becomes effective 

February 11, 2016. 

ADDRESSES: The final rule is available 

on the Internet at http://

www.regulations.gov, Docket No. FWS– 

R2–ES–2011–0084. Comments and 

materials received, as well as supporting 

documentation used in the preparation 

of this rule, will be available for public 

inspection, by appointment, during 

normal business hours at: U.S. Fish and 

Wildlife Service, Corpus Christi 

Ecological Services Field Office, 

TAMU–CC, 6300 Ocean Drive, USFWS– 

Unit 5837, Corpus Christi, Texas 78412– 

5837. You may obtain copies of the final 

rule from the field office address above, 

by calling (361) 994–9005, or from our 

Web site at http://www.fws.gov/

southwest/es/Library/. Persons who use 

a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

FOR FURTHER INFORMATION CONTACT: 

Dawn Gardiner, Assistant Field 

Supervisor, Texas Coastal Ecological 

Services Field Office, Corpus Christi, at 

the above address, or telephone 361– 

994–9005 or email to Dawn_Gardiner@

fws.gov. Individuals who are hearingimpaired or speech-impaired may call 

the Federal Relay Service at 1–800–877– 

8337 for TTY assistance. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Recovery actions for Johnston’s 

frankenia have resulted in a reduction 

in the magnitude of threats due to: (1) 

A significant increase in the number of 

documented populations; (2) a major 

expansion of the known range for the 

species; (3) a population estimate of 

more than 4 million plants; (4) the 

species’ ability to successfully 

outcompete nonnative grasses, 

recolonize disturbed areas, and tolerate 

grazing in the specialized habitat it 

occupies indicates it is more resilient 

than previously believed; and (5) 

improved management practices as a 

result of outreach activities to, and 

cooperative agreements with, 

landowners. Our review of the status of 

this species shows that populations are 

stable, threats are addressed, and 

adequate regulatory mechanisms are in 

place so that the species is not 

currently, and is not likely to become, 

an endangered species within the 

foreseeable future in all or a significant 

portion of its range. 

The regulations in title 50 of the Code 

of Federal Regulations (CFR) at 

§ 424.22(d) state that a species may be 

delisted if (1) it becomes extinct, (2) it 

recovers, or (3) the original 

classification data were in error. In the 

proposed rule of May 22, 2003 (68 FR 

27961), the Service proposed to delist 

Johnston’s frankenia due to an 

expansion of our knowledge of the 

species’ known range, the number of 

newly discovered populations—some 

with large numbers of individual plants, 

increased knowledge of the life-history 

requirements of the species, and 

clarification of the degree of threats to 

its continued existence. The species is 

also being delisted because recovery 

efforts have improved the species’ 

status, and the current new data show 

that removing Johnston’s frankenia from 

the List of Endangered and Threatened 

Plants is warranted. 

SUPPLEMENTARY INFORMATION: 

Previous Federal Action 

Federal Government actions on this 

species began with section 12 of the Act, 

which directed the Secretary of the 

Smithsonian Institution to prepare a 

report on those plants considered to be 

endangered, threatened, or extinct. This 

report (House Document No. 94–51), 

which included Johnston’s frankenia in 

the endangered category, was presented 

to Congress on January 9, 1975. On July 

1, 1975, the Service published a notice 

in the Federal Register (40 FR 27823) 

that formally accepted the Smithsonian 

report as a petition within the context 

of section 4(c)(20), now section 

4(b)(3)(A), of the Act, and of the 

Service’s intention thereby to review the 

status of those plants. On June 16, 1976, 

the Service published a proposed rule in 

the Federal Register (41 FR 24524) to 


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