30484 Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations 

not have a significant economic impact 

on a substantial number of small 

entities. Each of the banks of the Farm 

Credit System, together with their 

affiliated associations, has assets and 

annual income in excess of amounts 

that would qualify them as ‘‘small 

entities’’ under the Regulatory 

Flexibility Act. 

List of Subjects in 12 CFR Part 1411 

Banks, Banking, Civil money 

penalties, Penalties. 

For the reasons stated in the 

preamble, part 1411 of chapter XIV, title 

12 of the Code of Federal Regulations is 

amended as follows: 

PART 1411—RULES OF PRACTICE 

AND PROCEDURE 

■ 1. The authority citation for part 1411 

continues to read as follows: 

Authority: Secs. 5.58(10), 5.65(c) and (d) 

of the Farm Credit Act (12 U.S.C. 2277a– 

7(10), 2277a–14(c) and (d)); 28 U.S.C. 2461 

note. 

■ 2. Revise § 1411.1 to read as follows: 

§ 1411.1 Inflation adjustment of civil 

money penalties for failure to file a certified 

statement, pay any premium required or 

obtain approval before employment of 

persons convicted of criminal offenses. 

In accordance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended, a civil money 

penalty imposed pursuant to section 

5.65(c) or (d) of the Farm Credit Act of 

1971, as amended, for a violation 

occurring on or after August 1, 2016 

shall not exceed $198 per day for each 

day the violation continues. 

Dated: May 12, 2016. 

Dale L. Aultman, 

Secretary to the Board, Farm Credit System 

Insurance Corporation. 

[FR Doc. 2016–11675 Filed 5–16–16; 8:45 am] 

BILLING CODE 6710–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2016–0070; FRL–9945–24– 

Region 9] 

Approval of California Air Plan 

Revisions, Eastern Kern Air Pollution 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the 

Eastern Kern Air Pollution Control 

District (EKAPCD) portion of the 

California State Implementation Plan 

(SIP). These revisions concern 

administrative changes of a previously 

approved regulation and emissions of 

volatile organic compounds (VOCs) in 

aerospace assembly and coating 

operations and in metal, plastic and 

pleasure craft parts and products 

coating operations. We are approving 

local rules that regulate these activities 

under the Clean Air Act (CAA or the 

Act). 

DATES: This rule is effective on July 18, 

2016 without further notice, unless the 

EPA receives adverse comments by June 

16, 2016. If we receive such comments, 

we will publish a timely withdrawal in 

the Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2016–0070 at http://

www.regulations.gov, or via email to 

Steckel.Andrew@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, the 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. The 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: 

Vanessa Graham, EPA Region IX, (415) 

947–4120, graham.vanessa@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules and rule revisions? 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rules and rule revisions? 

D. Public Comment and Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules addressed by 

this action with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule # Rule title Adopted Amended Submitted 

EKAPCD ........................ 103.1 Inspection of Public Records ............................... ........................ 05/02/96 07/23/96 

EKAPCD ........................ 410.4 Metal, Plastic, and Pleasure Craft Parts and 

Products Coating Operations.

........................ 03/13/14 07/25/14 

EKAPCD ........................ 410.8 Aerospace Assembly and Coating Operations .... 03/13/14 ........................ 07/25/14 

On October 30, 1996, the EPA 

determined that the submittal for 

EKAPCD Rule 103.1 met the 

completeness criteria in 40 CFR part 51 

Appendix V, which must be met before 

formal EPA review. On September 11, 

2014, the EPA determined that the 

submittal for EKAPCD Rules 410.4 and 

410.8 met the completeness criteria as 

well. 

B. Are there other versions of these 

rules? 

EKAPCD adopted an earlier version of 

Rule 103.1 on August 31, 1976, which 

CARB submitted to us on November 10, 

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Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations 30485 

1See 80 FR 51992, August 27, 2015. 

1976. This rule was approved into the 

SIP on March 22, 1978 (43 FR 11816). 

EKAPCD adopted revisions to the SIPapproved version of Rule 103.1 on May 

2, 1996, and CARB submitted the 

revised rule to us on July 23, 1996. 

EKAPCD amended an earlier version 

of Rule 410.4 on March 7, 1996, and 

CARB submitted it to us on May 10, 

1996. We approved the earlier version of 

410.4 into the SIP on January 13, 2000 

(65 FR 2046). EKAPCD adopted 

revisions to the SIP-approved version of 

Rule 410.4 on March 13, 2014, and 

CARB submitted it to us on July 25, 

2014. 

There are no previous versions of 

Rule 410.8 in the SIP. EKAPCD adopted 

Rule 410.8 on March 13, 2014, and 

submitted it to us on July 25, 2014. 

While we can act on only the most 

recently submitted version, we have 

reviewed materials provided with 

previous submittals. 

C. What is the purpose of the submitted 

rules and rule revisions? 

VOCs help produce ground-level 

ozone, smog and particulate matter 

(PM), which harm human health and 

the environment. Section 110(a) of the 

CAA requires States to submit 

regulations that control VOC emissions. 

Rule 103.1 supports some of the basic 

infrastructure SIP requirements 

described in section 110(a) of the CAA 

with respect to public records access. 

The submitted version of Rule 103.1 

contains only minor typographical 

changes from the version that we 

previously approved into the SIP in 

1978, and is identical in substance to 

the SIP-approved version. 

Rule 410.4 limits the VOC content 

and establishes related requirements for 

the coating of metal parts or products, 

large appliance parts or products, metal 

furniture, and plastic parts or products. 

EKAPCD revised the rule largely to be 

consistent with national guidance and 

with the rules of neighboring air 

districts. 

Rule 410.8 limits VOC emissions from 

aerospace primers, coatings, adhesives, 

maskants and lubricants, as well as from 

cleaning, stripping, storing and disposal 

of organic solvents and waste materials 

associated with the use of the 

abovementioned aerospace products. 

This rule also provides for 

administrative requirements including 

those for recordkeeping and 

measurement of VOC emissions. 

The EPA’s technical support 

documents (TSDs) have more 

information about these rules. 

II. The EPA’s Evaluation and Action 

A. How is the EPA evaluating the rules? 

SIP rules must be enforceable (see 

CAA section 110(a)(2)), must not 

interfere with applicable requirements 

concerning attainment and reasonable 

further progress or other CAA 

requirements (see CAA section 110(l)), 

and must not modify certain SIP control 

requirements in nonattainment areas 

without ensuring equivalent or greater 

emissions reductions (see CAA section 

193). 

Generally, SIP rules must require 

Reasonably Available Control 

Technology (RACT) for each category of 

sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source of VOCs in 

ozone nonattainment areas classified as 

moderate or above (see CAA sections 

182(b)(2)). EKAPCD regulates an ozone 

nonattainment area classified as 

Marginal 1 for the 2008 8-hour ozone 

National Ambient Air Quality Standard 

(NAAQS). In addition, EKAPCD is 

classified as Moderate for the 1997 8- 

hour ozone NAAQS (40 CFR 81.305). 

Since Rules 410.4 and 410.8 regulate 

sources subject to a CTG in a 

nonattainment area, they must 

implement RACT. 

Guidance and policy documents that 

we used to evaluate enforceability, 

revision/relaxation and rule stringency 

requirements for the applicable criteria 

pollutants include the following: 

1. ‘‘State Implementation Plans; 

General Preamble for the 

Implementation of Title I of the Clean 

Air Act Amendments of 1990,’’ (57 FR 

13498, April 16, 1992, and 57 FR 18070, 

April 28, 1992). 

2. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations’’ 

(‘‘the Bluebook,’’ U.S. EPA, May 25, 

1988; revised January 11, 1990). 

3. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies’’ (‘‘the Little Bluebook,’’ 

EPA Region 9, August 21, 2001). 

4. ‘‘Control of Volatile Organic 

Compound Emissions from Coating 

Operations at Aerospace Manufacturing 

and Rework Operations’’ (EPA 453/R– 

97–004, December 1997). 

5. Guidance Memorandum for 

‘‘Control Technique Guidelines for 

Miscellaneous Metal and Plastic Parts 

Coating’’ (EPA 453/R–08–003, June 

2010). 

6. ‘‘Control Technique Guidelines for 

Miscellaneous Metal and Plastic Parts 

Coating’’ (EPA 453/R–08–003, 

September 2008). 

7. ‘‘Guidance on Infrastructure State 

Implementation Plan (SIP) Elements 

under Clean Air Act Sections 110(a)(1) 

and 110(a)(2),’’ USEPA Memorandum 

dated September 13, 2013. 

8. ‘‘Review of State Regulation 

Recodifications,’’ USEPA Memorandum 

dated February 12, 1990. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. EPA recommendations to further 

improve the rules and rule revisions? 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules but are not currently the basis for 

rule disapproval. 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, the EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by June 16, 2016, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on July 18, 2016. 

This will incorporate these rules into 

the federally enforceable SIP. 

Please note that if the EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, the EPA may 

adopt as final those provisions of the 

rule that are not the subject of an 

adverse comment. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the 

EKAPCD rules described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

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30486 Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations 

available electronically through 

www.regulations.gov and in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

IV. Statutory and Executive Order 

Reviews 

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). 

In addition, 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 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 18, 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

the EPA can withdraw this direct final 

rule and address the comment in the 

proposed rulemaking. 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, 

Ozone, Reporting and recordkeeping 

requirements, and Volatile organic 

compounds. 

Dated: April 4, 2016. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52 [AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(35)(xiii)(F), 

(c)(231)(i)(B)(8), (c)(239)(i)(C)(6), and 

(c)(447)(i)(D)(2) and (3) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(35) * * * 

(xiii) * * * 

(F) Previously approved on March 22, 

1978, in paragraph (c)(35)(xiii)(A) of this 

section and now deleted with 

replacement in paragraph 

(c)(239)(i)(C)(6) of this section, Rule 

103.1, ‘‘Inspection of Public Records,’’ 

adopted on August 31, 1976. 

* * * * * 

(231) * * * 

(i) * * * 

(B) * * * 

(8) Previously approved on January 

13, 2000, in paragraph (c)(231)(i)(B)(6) 

of this section and now deleted with 

replacement in paragraph 

(c)(447)(i)(D)(2) of this section, Rule 

410.4, ‘‘Surface Coating of Metal Parts 

and Products,’’ amended on March 7, 

1996. 

* * * * * 

(239) * * * 

(i) * * * 

(C) * * * 

(6) Rule 103.1, Inspection of Public 

Records,’’ amended on May 2, 1996. 

* * * * * 

(447) * * * 

(i) * * * 

(D) * * * 

(2) Rule 410.4, ‘‘Metal, Plastic, and 

Pleasure Craft Parts and Products 

Coating Operations,’’ amended on 

March 13, 2014. 

(3) Rule 410.8, ‘‘Aerospace Assembly 

and Coating Operations,’’ adopted on 

March 13, 2014. 

* * * * * 

[FR Doc. 2016–11516 Filed 5–16–16; 8:45 am] 

BILLING CODE 6560–50–P 

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