68936 Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations 

preemption requirements described in 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments, because it 

will 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 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 

establishment of a special local 

regulation lasting 12 hours each day 

over the course of a Friday and 

Saturday. Normally such actions are 

categorically excluded from further 

review under paragraph 34(h) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist and 

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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.35T08–0887 to read as 

follows: 

§ 100.35T08–0887 Special Local 

Regulation; Arkansas River, Little Rock, AR. 

(a) Regulated area. (1) A regulated 

area is established to encompass the 

following waterway: All waters of the 

Arkansas River mile 117.4 through mile 

118.6. 

(2) All vessels are prohibited from 

entering the event area which extends 

out 25-yards from the left descending 

bank within the regulated area. All 

vessels transiting the regulated area 

outside of 25 yards from the left 

descending bank zone are limited to 

slowest speed for safe navigation to 

minimize wake unless specifically 

authorized by the COTP. 

(b) Effective period. This section is 

effective from 7 a.m. on October 14, 

2016 until 7 p.m. on October 15, 2016 

and will be enforced each day from 7 

a.m. until 7 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 100.801 of 

this part, all vessels, mariners, and 

persons are prohibited from entering the 

event area, without permission of the 

Captain of the Port Memphis (COTP). 

All vessel operators desiring to operate 

in the event area of this special local 

regulation must contact the COTP or a 

designated representative to request 

permission to do so. The COTP or a 

designated representative may be 

contacted via VHF Channel 16 or by 

telephone at 1–866–777–2784. 

(2) During enforcement, all vessels 

transiting the marked navigation 

channel from mile marker 117.4 to mile 

marker 118.6 will be limited to slowest 

speed for safe navigation to minimize 

wake unless specifically authorized by 

the COTP. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public through 

broadcast notices to mariners of the 

enforcement period for the regulated 

area as well as any changes in the dates 

and times of enforcement. 

Dated: September 27, 2016. 

T.J. Wendt, 

Captain, U.S. Coast Guard, Captain of the 

Port, Memphis, Tennessee. 

[FR Doc. 2016–24071 Filed 10–4–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0489; FRL–9953–64– 

Region 4] 

Air Plan Approval; Georgia: Volatile 

Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving portions of 

two revisions to the Georgia State 

Implementation Plan (SIP) submitted by 

the Georgia Department of 

Environmental Protection (GA EPD) on 

July 25, 2014, and November 1, 2015. 

These revisions modify the definition of 

‘‘volatile organic compounds’’ (VOC). 

Specifically, these revisions add two 

compounds to the list of those excluded 

from the VOC definition on the basis 

that these compounds make a negligible 

contribution to tropospheric ozone 

formation. This action is being taken 

pursuant to the Clean Air Act (CAA or 

Act). 

DATES: This direct final rule is effective 

December 5, 2016 without further 

notice, unless EPA receives adverse 

comment by November 4, 2016. If EPA 

receives such comments, it will publish 

a timely withdrawal of the direct final 

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–R04– 

OAR–2016–0489 at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

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 


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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations 68937 

1EPA will consider the other changes included in 

Georgia’s July 25, 2014, and November 5, 2015, SIP 

revisions in a future rulemaking. 

2The effective date of the rule change made in 

Georgia’s July 25, 2014, SIP revision is August 1, 

2013. However, that change to Georgia’s rule is 

captured and superseded by Georgia’s update in the 

November 1, 2015, SIP revision. 3 62 FR 27968 (May 22, 1997). 

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, 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: 

Sean Lakeman, 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. Mr. 

Lakeman can be reached by phone at 

(404) 562–9043 or via electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Tropospheric ozone, commonly 

known as smog, occurs when VOC and 

nitrogen oxides (NOX) react in the 

atmosphere in the presence of sunlight. 

Because of the harmful health effects of 

ozone, EPA and state governments limit 

the amount of VOC and NOX that can 

be released into the atmosphere. VOC 

are those compounds of carbon 

(excluding carbon monoxide, carbon 

dioxide, carbonic acid, metallic carbides 

or carbonates, and ammonium 

carbonate) that form ozone through 

atmospheric photochemical reactions. 

Compounds of carbon (or organic 

compounds) have different levels of 

reactivity; they do not react at the same 

speed or do not form ozone to the same 

extent. 

Section 302(s) of the CAA specifies 

that EPA has the authority to define the 

meaning of ‘‘VOC,’’ and hence what 

compounds shall be treated as VOC for 

regulatory purposes. It has been EPA’s 

policy that compounds of carbon with 

negligible reactivity need not be 

regulated to reduce ozone and should be 

excluded from the regulatory definition 

of VOC. See 42 FR 35314 (July 8, 1977), 

70 FR 54046 (September 13, 2005). EPA 

determines whether a given carbon 

compound has ‘‘negligible’’ reactivity by 

comparing the compound’s reactivity to 

the reactivity of ethane. EPA lists these 

compounds in its regulations at 40 CFR 

51.100(s) and excludes them from the 

definition of VOC. The chemicals on 

this list are often called ‘‘negligibly 

reactive.’’ EPA may periodically revise 

the list of negligibly reactive 

compounds to add or delete 

compounds. 

EPA issued final rules approving the 

addition of trans-1,3,3,3- 

tetrafluropropene (also known as HFO– 

1234ze) and 2-amino-2-methyl-1- 

propanol (AMP) to the list of those 

compounds excluded from the 

regulatory definition of VOC. See 77 FR 

37610 (June 22, 2012) and 79 FR 17037 

(March 27, 2014). Georgia is updating its 

SIP to be consistent with those changes 

to federal regulations. 

II. Analysis of State’s Submittal 

On July 25, 2014, and November 1, 

2015, Georgia submitted SIP revisions 1

to EPA for review and approval. The 

revisions modify the definition of VOC 

found at Georgia’s Rule 391–3–1– 

.01(llll), ‘‘Volatile Organic Compounds.’’ 

Specifically, the revisions add trans1,3,3,3-tetrafluropropene (also known as 

HFO-1234ze) and 2-amino-2-methyl-1- 

propanol (AMP) to the list of 

compounds excluded from the VOC 

definition on the basis that each of these 

compounds makes a negligible 

contribution to tropospheric ozone 

formation. 

These changes are consistent with 

section 110 of the CAA and meet the 

regulatory requirements pertaining to 

SIPs. Pursuant to CAA section 110(l), 

the Administrator shall not approve a 

revision of a plan if the revision would 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress (as defined 

in CAA section 171), or any other 

applicable requirement of the Act. The 

revisions to Rule 391–3–1–.01(llll), 

‘‘Volatile Organic Compounds,’’ are 

approvable under section 110(l) because 

they reflect changes to federal 

regulations based on findings that the 

aforementioned compounds are 

negligibly reactive. 

III. 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 Rule 391–3–1–.01 

‘‘Definitions’’ effective August 3, 2015, 

which revised the definition of VOC.2

Therefore, this material has been 

approved by EPA for inclusion in the 

SIP, has been incorporated by reference 

by EPA into that plan, is 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.3

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 

(please contact the person identified in 

the FOR FURTHER INFORMATION CONTACT

section of this preamble for more 

information). 

IV. Final Action 

Pursuant to section 110 of the CAA, 

EPA is approving the aforementioned 

changes to Georgia’s SIP for Rule 391– 

3–1–.01(llll). EPA has evaluated the 

relevant portions of Georgia’s July 25, 

2014, and November 1, 2015, SIP 

revisions and has determined that they 

meet the applicable requirements of the 

CAA and EPA regulations and are 

consistent with EPA policy. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

submittal and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should adverse comments be filed. This 

rule will be effective December 5, 2016 

without further notice unless the 

Agency receives adverse comments by 

November 4, 2016. 

If EPA receives such comments, then 

EPA will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period. Parties 

interested in commenting should do so 

at this time. If no such comments are 

received, the public is advised that this 

rule will be effective on December 5, 

2016 and no further action will be taken 

on the proposed rule. 

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 

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 


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68938 Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations 

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 (Public Law 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). 

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 December 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. 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 

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, Volatile organic 

compounds. 

Dated: September 23, 2016. 

V. Anne Heard, 

Acting 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 L—Georgia 

■ 2. Section 52.570(c) is amended by 

revising the entry for ‘‘391–3–1–.01’’ to 

read as follows: 

§ 52.570 Identification of plan. 

* * * * * 

(c) * * * 

EPA APPROVED GEORGIA REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanation 

391–3–1–.01 ............. Definitions ................................... 8/3/2015 10/5/2016, [Insert citation of 

publication].

only changes to Rule 391–3–1– 

.01(llll). 

* * * * * * * 

* * * * * 

[FR Doc. 2016–23970 Filed 10–4–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2016–0193; FRL–9951–57] 

Tolfenpyrad; Pesticide Tolerances for 

Emergency Exemptions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

time-limited tolerances for residues of 

tolfenpyrad in or on vegetable, fruiting, 

group 8–10. This action is in response 

to EPA’s granting of an emergency 

exemption under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) authorizing use of the 

pesticide on agricultural commodities in 

the group ‘‘vegetable, fruiting, group 8– 


ehiers on DSK5VPTVN1PROD with RULES