53924 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations 

Restricted area and along the shore line 

back to San Luis Beach and restricting 

access to Sumay Cove to Navy and Coast 

Guard operational responses. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the 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 record-keeping 

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(g), 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T14–0644 to read as 

follows: 

§ 165. T14–0644 Safety Zone; Apra Outer 

Harbor, Naval Base Guam. 

(a) Location. The following areas 

comprise a safety zone within the Guam 

Captain of the Port (COTP) Zone (See 33 

CFR 3.70–15): All navigable waters 

bounded by an imaginary line starting at 

13°26′34′′ N., 144°38′44′′ E. at San Luis 

Beach; thence 900 yards to 13°26′57′′ N., 

144°38′44′′ E.; thence to 13°26′57′′ N., 

144°39′31′′ E. across Commadores Cut; 

thence to 13°26′42′′ N., 144°39′45′′ E. at 

the Navy Restricted area; thence to 

13°26′36′′ N., 144°39′45′′ E. at Guam 

Shipyard; and then along the shore line 

back to San Luis Beach, restricting 

access to Sumay Cove to Navy and Coast 

Guard operational responses. All 

coordinates are NAD 83. 

(b) Effective dates and enforcement 

period. This rule is effective without 

actual notice from August 15, 2016 

through 7 p.m. August 31, 2016. For the 

purposes of enforcement, actual notice 

will be used from 7 a.m. July 31, 2016 

through August 15, 2016 and this rule 

is enforced from the time vessel 

operations begin until they are 

completed. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23 apply. No 

vessels may enter or transit safety zone 

unless authorized by the COTP or a 

designated representative thereof. 

(d) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other COTP representative 

permitted by law, may enforce this 

temporary safety zone. 

(e) Waiver. The COTP may waive any 

of the requirements of this rule for any 

person, vessel or class of vessel upon 

finding that application of the safety 

zone is unnecessary or impractical for 

the purpose of maritime security. 

(f) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: July 14, 2016. 

James B. Pruett, 

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

Port, Guam. 

[FR Doc. 2016–19372 Filed 8–12–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0365; FRL–9949–82– 

Region 7] 

Approval of Iowa’s Air Quality 

Implementation Plans; Regional Haze 

State Implementation Plan Revision 

and 2013 Five-Year Progress Report 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the Iowa State Implementation 

Plan (SIP) revision submitted to EPA by 

the State of Iowa on July 19, 2013, 

documenting that the State’s existing 

plan is making adequate progress to 

achieve visibility goals by 2018. The 

Iowa SIP revision addressed the 

Regional Haze Rule (RHR) requirements 

under the Clean Air Act (CAA or Act) 

to submit a report describing progress in 

achieving reasonable progress goals 

(RPGs) to improve visibility in Federally 

designated areas in nearby states that 

may be affected by emissions from 

sources in Iowa. EPA is taking final 

action to approve Iowa’s determination 

that the existing Regional Haze (RH) SIP 

is adequate to meet the visibility goals 

and requires no substantive revision at 

this time. 

DATES: This final rule is effective 

September 14, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2014–0365. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI 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 electronically through 

www.regulations.gov or at the 

Environmental Protection Agency, Air 

Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 a.m. to 4:30 p.m., 

excluding Federal holidays. The 

interested persons wanting to examine 

these documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Krabbe, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7991, or by email at 

krabbe.stephen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Background 

II. Summary of SIP Revision 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 3, 2014, (79 FR 37976), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of Iowa. 

In the NPR, EPA proposed approval of 

Iowa’s progress report SIP, a report on 

progress made in the first 

implementation period towards RPGs 

for Class I areas that are affected by 

emissions from Iowa sources. This 

progress report SIP and accompanying 

cover letter also included a 

determination that Iowa’s existing 

regional haze SIP requires no 


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Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations 53925 

1EPA promulgated a rule to address regional haze 

on July 1, 1999 (64 FR 35713) known as the 

Regional Haze Rule. The Regional Haze Rule 

revised the existing visibility regulations to 

integrate into the regulation provisions addressing 

regional haze impairment and established a 

comprehensive visibility protection program for 

Class I areas. See 40 CFR 51.308 and 51.309. 

substantive revision to achieve the 

established regional haze visibility 

improvement and emissions reduction 

goals for 2018. 

On July 31, 2015, (80 FR 45631), EPA 

published a supplement to the NPR 

(SNPR) for the State of Iowa. In the 

SNPR, EPA addressed the potential 

effects on the NPR from the April 29, 

2014, decision of the United States 

Supreme Court (Supreme Court) 

remanding to the United States Court of 

Appeals for the District of Columbia 

Circuit (D.C. Circuit) EPA’s Cross-State 

Air Pollution Rule (CSAPR) for further 

proceedings and the D.C. Circuit’s 

decision to lift the stay of CSAPR. The 

supplemental notice provided clarity 

regarding how the court cases impacted 

Iowa’s regional haze rule. 

States are required to submit a 

progress report in the form of a SIP 

revision every five years that evaluates 

progress towards the RPGs for each 

mandatory Class I Federal area within 

the state and in each mandatory Class I 

Federal area outside the state which 

may be affected by emissions from 

within the state. See 40 CFR 51.308(g). 

In addition, the provisions under 40 

CFR 51.308(h) require states to submit, 

at the same time as the 40 CFR 51.308(g) 

progress report, a determination of the 

adequacy of the state’s existing regional 

haze SIP. The first progress report SIP 

is due five years after submittal of the 

initial regional haze SIP. IDNR 

submitted its regional haze SIP on 

March 25, 2008, and submitted its 

progress report SIP revision on July 19, 

2013. EPA finds that it satisfies the 

requirements of 40 CFR 51.308(g) and 

(h). No comments regarding the NPR or 

SNPR were received during the public 

comment period. 

II. Summary of SIP Revision 

On July 19, 2013, Iowa submitted a 

SIP revision describing the progress 

made toward the RPGs of Class I areas 

outside Iowa that are affected by 

emissions from Iowa’s sources in 

accordance with requirements in the 

Regional Haze Rule.1 This progress 

report SIP also included an assessment 

of whether Iowa’s existing regional haze 

SIP is sufficient to allow nearby states 

with Class I areas to achieve the 

reasonable progress goals by the end of 

the first planning period. 

The provisions in 40 CFR 51.308(g) 

require a progress report SIP to address 

seven elements. In the NPR, EPA 

proposed to approve the SIP as 

adequately addressing each element 

under 40 CFR 51.308(g). The seven 

elements and EPA’s proposed 

conclusions in the NPR are briefly 

summarized below. 

The provisions in 40 CFR 51.308(g) 

require progress report SIPs to include 

a description of the status of measures 

in the regional haze implementation 

plan; a summary of the emissions 

reductions achieved; an assessment of 

the visibility conditions for each Class 

I area in the state; an analysis of the 

changes in emissions from sources and 

activities within the state; an assessment 

of any significant changes in 

anthropogenic emissions within or 

outside the state that have limited or 

impeded visibility improvement 

progress in Class I areas impacted by the 

state’s sources; an assessment of the 

sufficiency of the regional haze 

implementation plan to enable states to 

meet reasonable progress goals; and a 

review of the state’s visibility 

monitoring strategy. As explained in 

detail in the NPR and the SNPR, EPA 

proposed Iowa’s progress report SIP 

addressed each element and therefore 

satisfied the requirements under 40 CFR 

51.308(g). 

In addition, pursuant to 40 CFR 

51.308(h), states are required to submit, 

at the same time as the progress report 

SIP revision, a determination of the 

adequacy of their existing regional haze 

SIP and to take one of four possible 

actions based on information in the 

progress report. In its progress report 

SIP, Iowa determined that its regional 

haze SIP is sufficient to meet its 

obligations related to the reasonable 

progress goals for Class I areas affected 

by Iowa’s sources. The State accordingly 

provided EPA with a negative 

declaration that further revision of the 

existing regional haze implementation 

plan was not needed at this time. See 40 

CFR 51.308(h)(1). As explained in detail 

in the NPR and the SNPR, EPA 

proposed to determine that Iowa had 

adequately addressed 40 CFR 51.308(h) 

because the visibility data trends at the 

Class I areas impacted by Iowa’s sources 

and the emissions trends of the largest 

emitters in Iowa of visibility-impairing 

pollutants both indicate that the 

reasonable progress goals for 2018 for 

these areas will be met or exceeded. 

Therefore, in our NPR and SNPR, EPA 

proposed to approve Iowa’s progress 

report SIP as meeting the requirements 

of 40 CFR 51.308(g) and (h). 

III. Final Action 

EPA is taking final action to approve 

Iowa’s regional haze five-year progress 

report and SIP revision, submitted July 

19, 2013, as meeting the applicable 

regional haze requirements as set forth 

in 40 CFR 51.308(g) and 51.308 (h). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act (CAA), 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, 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 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 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). 


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53926 Federal Register / Vol. 81, No. 157 / Monday, August 15, 2016 / Rules and Regulations 

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 October 14, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 20, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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 Q—Iowa 

■ 2. In § 52.820(e) the table is amended 

by adding and reserving entry (43), and 

by adding entry (44) in numerical order 

to read as follows: 

§ 52.820 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or 

nonattainment area 

State submittal 

date EPA approval date Explanation 

*******

(43) Reserved] 

(44) State Implementation Plan (SIP) 

Revision for the Attainment and Maintenance of National 

Ambient Air Quality 

Standards for Regional Haze (2013 

Five-Year Progress 

Report).

Statewide .................................... 7/19/13 8/15/16, [Insert Federal Register citation].[EPA–R07–OAR–2014–0365; 

FRL–9949–82–Region 7. 

[FR Doc. 2016–19041 Filed 8–12–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0865; A–1–FRL– 

9950–60–Region 1] 

Air Plan Approval; NH; Control of 

Volatile Organic Compound Emissions 

From Minor Core Activities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New 

Hampshire on October 4, 2012. The 

revision clarifies Reasonably Available 

Control Technology (RACT) 

requirements as they apply to minor 

core activities of volatile organic 

compound (VOC) sources. The intended 

effect of this action is to approve these 

requirements into the New Hampshire 

SIP. This action is being taken in 

accordance with the Clean Air Act. 

DATES: This direct final rule will be 

effective October 14, 2016, unless EPA 

receives adverse comments by 

September 14, 2016. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR–2012–0865 at http:// 

www.regulations.gov, or via email to 

Mackintosh.David@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 


sradovich on DSK3GMQ082PROD with RULES