Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations 27017 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination that this 

action is one of a category of actions that 

do not individually or cumulatively 

have a significant effect on the human 

environment. This rule involves the 

alteration of the size and use of 

anchorage ‘‘10,’’ restricted Naval 

Anchorage. It is categorically excluded 

from further review under paragraph 

34(f) of Figure 2–1 of Commandant 

Instruction M16475.lD. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 110 

Anchorage grounds. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 110 as follows: 

PART 110—ANCHORAGE 

REGULATIONS 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: 33 U.S.C. 471, 1221 through 

1236, 2071; 33 CFR 1.05–1; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Revise § 110.157(a)(11) to read as 

follows: 

§ 110.157 Delaware Bay and River. 

(a) * * * 

(11) Anchorage 10 at Naval Base, 

Philadelphia. On the north side of the 

channel along Eagle Point Range, 

bounded as follows: Beginning off of the 

southeasterly corner of Pier 1 at 

39°53′07′′ N., 075°10′30′′ W., thence 

south to the to the north edge of the 

channel along Eagle Point Range to 

39°52′58′′ N., 075°10′29′′ W., thence east 

along the edge of the channel to 

39°52′56′′ N., 075°09′53′′ W., thence 

north to 39°53′07′′ N., 075°09′54′′ W., 

thence continuing west to the beginning 

point at 39°53′07′′ N., 075°10′30′′ W. 

These coordinates are based on WGS 84. 

* * * * * 

Dated: April 22, 2016. 

Robert J. Tarantino, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District. 

[FR Doc. 2016–10577 Filed 5–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0855; FRL–9946–00– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Idaho: 

Interstate Transport Requirements for 

the 2010 Nitrogen Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a submittal by the Idaho 

Department of Environmental Quality 

(Idaho DEQ) demonstrating that the 

State Implementation Plan (SIP) meets 

certain interstate transport requirements 

of the Clean Air Act (CAA) for the 

National Ambient Air Quality Standards 

(NAAQS) promulgated for nitrogen 

dioxide (NO2) on January 22, 2010. 

Specifically, the Idaho DEQ reviewed 

monitoring and modeling data to show 

that sources within Idaho do not 

significantly contribute to 

nonattainment, or interfere with 

maintenance, of the NO2 NAAQS in any 

other state. 

DATES: This action is effective on June 

6, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2015–0855. 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 is publicly available 

only in hard copy form. Publicly 

available docket materials are available 

at http://www.regulations.gov or at EPA 

Region 10, Office of Air, Waste and 

Toxics, 1200 Sixth Avenue, Seattle, 

Washington 98101. The EPA requests 

that 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 to 4:30, excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

information please contact John Chi at 

(206) 553–1185, or chi.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

intended to refer to the EPA. 


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27018 Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations 

Table of Contents 

I. Background 

II. Response to Comment 

III. Final Action 

IV. Statutory and Executive Orders Review 

I. Background 

In a notice of proposed rulemaking 

published on February 12, 2016 (81 FR 

7489), the EPA proposed to find that the 

Idaho SIP adequately addressed the 

interstate transport requirements of 

CAA section 110(a)(2)(D)(i)(I) for the 

2010 NO2 NAAQS. Please see our 

February 12, 2016, proposed rulemaking 

for further explanation and the basis for 

our finding. The public comment period 

for the proposed rule ended on March 

14, 2016, and we received one 

comment. 

II. Response to Comment 

Comment: The commenter stated that 

the implementation of this law is crucial 

in Idaho because of the pollution 

coming from farming communities and 

cities and suggested lowering the 

allowed NO2 standard because of the 

small population of people that live in 

Idaho, when compared to Utah. The 

commenter proposed that the amount of 

pollution produced by each person 

should be made a standard and that 

companies should be held accountable 

for the pollution they produce. 

Although the commenter supports 

approval, the commenter believes that 

the law should have stricter 

requirements. 

Response: Under section 110 of the 

CAA, states are responsible for 

developing provisions to address air 

pollution for incorporation into the SIP. 

The EPA’s role is to evaluate these state 

choices to determine if the revisions 

meet the requirements of the CAA. The 

EPA must approve state submissions so 

long as they meet the minimum 

requirements established by the CAA. 

Union Electric Co. v. EPA, 427 U.S. 246 

(1976). In this case, the state’s 

submission included provisions 

selected by Idaho for inclusion in its SIP 

to meet the CAA section 

110(a)(2)(D)(i)(I) interstate transport 

requirements for the 2010 NO2 NAAQS. 

The commenter does not suggest that 

the state’s submission does not meet the 

applicable requirements. We have 

determined that the state’s submission 

met those requirements, and thus we are 

approving the SIP. States have authority 

to adopt or enforce standards or 

requirements for the control or 

abatement of air pollution (except as 

specifically limited by the CAA) under 

section 116 of the CAA, so we provided 

a copy of the comment to Idaho 

Department of Environmental Quality 

for consideration during future state 

rulemaking, but we are otherwise taking 

no further action in response to the 

comment. 

III. Final Action 

The EPA finds that the Idaho SIP 

meets the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i)(I) for the 2010 NO2

NAAQS. This action is being taken 

under section 110 of the CAA. 

IV. Statutory and Executive Orders 

Review 

Under the Clean Air Act, 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, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. 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 Clean Air Act; 

and 

• Does not provide the 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). 

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. In those areas of Indian 

country, the rule does not have tribal 

implications and it 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. The 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 July 5, 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, Reporting and 

recordkeeping requirements. 

Dated: April 25, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 


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Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations 27019 

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 N—Idaho 

■ 2. In § 52.670, the table in paragraph 

(e) is amended by adding an entry at the 

end of the table for ‘‘Interstate Transport 

Requirements for the 2010 NO2

NAAQS’’ to read as follows: 

§ 52.670 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision Applicable geographic or 

non-attainment area 

State 

submittal date EPA Approval date Comments 

*******

Interstate Transport Requirements for the 2010 NO2

NAAQS.

State-wide ............................ 12/24/2015 5/5/2016 [Insert Federal 

Register citation].

This action addresses the following CAA elements: 

110(a)(2)(D)(i)(I). 

* * * * * 

[FR Doc. 2016–10452 Filed 5–4–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0324; FRL–9945–48] 

Fluxapyroxad; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluxapyroxad 

in or on multiple commodities which 

are identified and discussed later in this 

document. BASF Corporation requested 

these tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective May 

5, 2016. Objections and requests for 

hearings must be received on or before 

July 5, 2016, and must be filed in 

accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0324, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. To access the OCSPP test 

guidelines referenced in this document 

electronically, please go to http://

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2015–0324 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before July 5, 2016. Addresses for mail 

and hand delivery of objections and 

hearing requests are provided in 40 CFR 

178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2015–0324, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 


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