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 


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

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) * * * 


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

1The area was officially designated attainment of 

the SO2 NAAQS on July 31, 1995 (60 FR 28339). 

EPA-APPROVED INDIANA REGULATIONS

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 (SO2) 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 SO2 emissions 

and will support the continued 

attainment and maintenance of the SO2

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 SO2 in the Twin Cities Seven County 

SO2 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 

SO2 emissions. 

II. How is the SIP being revised? 

On February 24, 2016, the MPCA 

submitted a revision to Minnesota’s SO2

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 


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