### 37160 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations

Commandant Instruction. 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.

G. Protest Activities

The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the **FOR FURTHER**
**INFORMATION CONTACT** section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

**PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS** 

■ 1. The authority citation for part 165 continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

■ 2. Revise § 165.779 to read as follows:

**§ 165.779 Regulated Navigation Area; Holiday Events; Biscayne Bay, Miami, FL.** 

(a) Regulated area. The regulated navigation area encompasses all waters of Biscayne Bay between Julia Tuttle and Turkey Point contained within the following points: Beginning at Point 1 in position 25 ° 48 ′43 ′′ N, 80 ° 08 ′ 29 ′′ W; thence south to Point 2 in position
25 ° 29 ′07 ′′ N, 80 ° 10 ′44 ′′ W; thence southwest to Point 3 in position
25 ° 25 ′ 51 ′′ N, 80 ° 12 ′00 ′′ W; thence west to Point 4 in position 25 ° 25 ′ 51 ′′ N,
80 ° 19 ′42 ′′ W; thence north to Point 5 in position 25 ° 29 ′ 10 ′′ N, 80 ° 20 ′ 58 ′′ W; thence north to Point 6 in position
25 ° 37 ′ 35 ′′ N, 80 ° 18 ′ 28 ′′ W; thence northeast to Point 7 in position
25 ° 48 ′44 ′′ N, 80 ° 11 ′ 17 ′′ W; thence back to origin. All coordinates are North American Datum 1983.

(b) Definitions. (1) The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officers designated by or assisting the Captain of the Port Miami in the enforcement of the regulated area.

(2) The term ‘‘Columbus Day’’ means the federally recognized holiday occurring annually on the second Monday in October.

(c) Regulations. All vessels within the regulated area are required to transit at no more than 15 knots, are subject to control by the Coast Guard, and must follow the instructions of designated representatives.

(d) Enforcement period. This section will be in enforced annually on Columbus Day weekend, starting at noon on the Saturday before Columbus Day through 2 a.m. on Monday (the Columbus Day holiday); from 9 p.m. December 31st until 2 a.m. January 1st; and from 7 p.m. until 2 a.m. on the night Fourth of July fireworks are scheduled in Downtown Miami and Key Biscayne.

Dated: June 2, 2016. S.A. Buschman, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District.
[FR Doc. 2016–13656 Filed 6–8–16; 8:45 am]

**BILLING CODE 9110–04–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R05–OAR–2015–0315; FRL–9947–39– Region 5]** 

**Air Plan Approval; Indiana; Removal of Gasoline Vapor Recovery**  **Requirements**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is approving, as a revision to the Indiana state implementation plan (SIP), submittals from the Indiana Department of Environmental Management (IDEM) dated April 27, and September 10, 2015. The submittal concerns the state’s Stage II vapor recovery (Stage II) program for the Indiana portion of the Chicago (Lake and Porter counties) and the Louisville, Kentucky (Clark and Floyd counties) ozone nonattainment areas. The submittal removes Stage II requirements from both nonattainment areas, as a component of the Indiana ozone SIP. The submittal also includes a demonstration under the Clean Air Act (CAA) that addresses emission impacts associated with the removal of the Stage II program. EPA proposed to approve the state’s submittal on February 25, 2016, and received no comments. **DATES :**  This final rule is effective on July 11, 2016.

**ADDRESSES :**  EPA has established a docket for this action under Docket ID No. EPA–R05–OAR–2015–0315. All documents in the docket are listed in 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 through http://www.regulations.gov, or please contact the person identified in the **FOR**
**FURTHER INFORMATION CONTACT** section for additional availability information.

**FOR FURTHER INFORMATION CONTACT :**  Francisco J. Acevedo, Mobile Source Program Manager, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6061, acevedo.francisco@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. I. What is being addressed by this document?

On February 25, 2016, at 81 FR 9391, EPA proposed to approve amendments to 326 IAC 8–4–6 and 326 IAC 8–4–1 of the Indiana Administrative Code, removing Stage II requirements from the Indiana’s Federally-approved ozone SIP. The revision included copies of 326 IAC 8–4–1 and 326 IAC 8–4–6, as published in the Indiana Register on March 4, 2015 (Document ID Number: 20150304–IR–326120636FRA); a summary of statespecific calculations based on EPA guidance used to calculate program benefits and demonstrate widespread use of onboard refueling vapor recovery (ORVR) in Indiana; and a section 110(l) demonstration that includes offset emission documentation that addresses the 2013–2015 period, when Stage II requirements were waived in Indiana but widespread use of ORVR had not yet occurred.

II. What comments did we receive on the proposed SIP revision?

EPA provided a 30-day review and comment period on the proposed action. The comment period closed on March 28, 2016. EPA received no comments. III. What action is EPA taking?

EPA is approving revisions to the Indiana ozone SIP submitted dated


### 37161 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations

1 62 FR 27968 (May 22, 1997). April 27, and September 10, 2015, concerning the state’s Stage II program in Indiana. EPA finds that the revisions will not interfere with any applicable requirement concerning attainment, reasonable further progress or any other applicable CAA requirement. IV. Incorporation by Reference

In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of the Indiana Regulations described in the proposed amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update to the SIP compilation. 1 EPA has made, and will continue to make, these materials generally available through www.regulations.gov and/or at the EPA Region 5 Office (please contact the person identified in the **FOR FURTHER INFORMATION CONTACT** section of this preamble for more information). V. Statutory and Executive Order Reviews

Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations 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 Order 12866 (58 FR 51735, October 4, 1993); • 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 and 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. 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 August 8, 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 oxides, Ozone, Volatile organic compounds.

Dated: June 3, 2016. Robert A. Kaplan, Acting Regional Administrator, Region 5.

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.

■ 2. In § 52.770 the table in paragraph (c) is amended under ‘‘Article 8: Volatile Organic Compound Rules’’, ‘‘Rule 4: Petroleum Sources’’ by revising the entries for 8–4–1 ‘‘Applicability’’ and 8–4–6 ‘‘Gasoline dispensing facilities’’ to read as follows:

**§ 52.770 Identification of plan.**
* * * * *

(c) * * *


### 37162 Federal Register / Vol. 81, No. 111 / Thursday, June 9, 2016 / Rules and Regulations

1 The area was officially designated attainment of the SO 2 NAAQS on July 31, 1995 (60 FR 28339). 

### EPA-A PPROVED 

### I NDIANA 

### R EGULATIONS

Indiana citation Subject Indiana effective

date EPA approval date Notes

*******

**Article 8: Volatile Organic Compound Rules**

**Rule 4: Petroleum Sources**

8–4–1 ........................................... Applicability .................................. 3/5/2015 6/9/2016, [Insert **Federal Register**  citation].

* * * * * * * 8–4–6 ........................................... Gasoline dispensing facilities ...... 3/5/2015 6/9/2016, [Insert **Federal Register**  citation].

* * * * * * *

* * * * * [FR Doc. 2016–13605 Filed 6–8–16; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**
**[EPA–R05–OAR–2015–0136; FRL–9947–48– Region 5]** 

**Air Plan Approval; Minnesota; Sulfur Dioxide** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Direct final rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is approving a revision to the Minnesota sulfur dioxide (SO 2) State Implementation Plan (SIP) for ELT Minneapolis, LLC’s (ELT) River Road Industrial Center located in Fridley, Anoka County, Minnesota. The revision, submitted by the Minnesota Pollution Control Agency on February 24, 2016, updates information to reflect both administrative and equipment changes at the facility. The name of the facility has changed to BAE Technology Center (BAE). The revision will result in a significant decrease in SO 2 emissions and will support the continued attainment and maintenance of the SO 2 national ambient air quality standard (NAAQS) in the Twin Cities area.

**DATES :**  This rule is effective on August 8, 2016, unless EPA receives adverse written comments by July 11, 2016. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R05– OAR–2016–0136 at http:// www.regulations.gov or via email to blakley.pamela@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the **FOR FURTHER**
**INFORMATION CONTACT** section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets.

**FOR FURTHER INFORMATION CONTACT :**  Charles Hatten, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312)886–6031, hatten.charles@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. Background Information II. How is the SIP being revised? III. What is EPA’s analysis of the state’s submission? IV. What action is EPA taking? V. Incorporation by Reference VI. Statutory and Executive Order Reviews I. Background Information

In the SIP, the ELT River Road Industrial Center is subject to specific restrictions as part of Minnesota’s SIP for SO 2 in the Twin Cities Seven County SO 2 area (Twin Cities area). 1 The SIP for ELT’s River Road Industrial Center was most recently approved by EPA on August 3, 2010, (75 FR 148).

Currently, four fossil fuel-fired boilers (#1, #2, #3, and #4) and four emergency generators (#5, #6, #7, and #8) are the primary emission units at the facility. Boilers #1, #2, and #3 use natural gas as their primary fuel with distillate oil as a backup fuel. Boiler #4 uses natural gas for fuel. All the emergency generators use low sulfur diesel fuel. In addition, the facility is subject to fuel usage limitations to restrict the total facility SO 2 emissions. II. How is the SIP being revised?

On February 24, 2016, the MPCA submitted a revision to Minnesota’s SO 2 SIP for the ELT River Road Industrial Center. The revision, most specifically, reflects changes as a result of new ownership.

In 2015, as part of a purchase agreement, corporate ownership transferred from ELT to the Gramercy Property Trust Fridley Owner LLC (GPT Fridley). GPT Fridley changed the name of the facility from River Road Industrial Center to BAE.

Under new ownership, BAE will be used for office and warehouse space. The emergency generators are used for stand-by power, for both life-safety, and