Approval and Promulgation of Implementation Plans; State of Kansas; Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5, 62373-62375 [2016-21474]
Download as PDF
Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Part 202
[Docket No. 2016–6]
Reconsideration Procedure for
Refusals To Register: Revised
Deadlines
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
altering the deadline for submitting
requests to reconsider refusals to
register a copyright claim. Previously, a
reconsideration request had to be
received by the Office, via mail, no later
than three months after the Office
issued its decision to refuse registration.
This rule has led to confusion, as it can
be difficult to predict when a request
will physically be received by the
Office, particularly given securityscreening-related delays in the
processing of mail. Accordingly, to
provide greater certainty to applicants,
the amended rule provides that
reconsideration requests only need to be
postmarked or dispatched no later than
three months after a refusal is issued.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, Associate General
Counsel, resm@loc.gov; John R. Riley,
Attorney-Advisor, jril@loc.gov. Each
person can be reached by telephone at
202–707–8040.
SUPPLEMENTARY INFORMATION: Congress
tasked the Register of Copyrights with
the responsibility to assess the validity
of copyright claims submitted for
registration. 17 U.S.C. 408(a); 410(b).
While the Office registers the majority of
copyright claims, in some cases the
applications do not meet statutory or
regulatory requirements and, after
examination, the Office refuses to
register the claimed works. If an
applicant disagrees with the Office’s
determination, he or she may appeal the
decision within the Office. This
administrative procedure is known as a
‘‘request for reconsideration.’’ A first
request for reconsideration is reviewed
within the Registration Program. See 37
CFR 202.5(b)(1)–(3). If the Registration
Program again refuses to register the
work, it will send the applicant a
written notification stating the reasons
for refusal. 37 CFR 202.5(b)(4). An
applicant can appeal that refusal via a
second request for reconsideration to
the Copyright Office Review Board. See
37 CFR 202.5(c)(1)–(3).
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
The current regulation requires both
first and second requests for
reconsideration to be mailed to the
Copyright Office. 37 CFR 202.5(d).1
Prior to the amendment made here, both
first and second requests for
reconsideration would be considered
untimely if they were received by the
Copyright Office more than three
months after the date of the preceding
refusal to register. See 37 CFR
202.5(b)(3), (c)(3). This regulation
permits the Register of Copyrights to
suspend or waive, in whole or in part,
the time requirements for submitting a
request for reconsideration, though only
upon a showing of good cause. 37 CFR
202.5(e).
The Office recognizes that applicants
requesting reconsideration of a refusal
to register a copyright claim may benefit
from a rule that requires an appeal to be
postmarked within the prescribed time
period, rather than a deadline based
upon when the appeal is received by the
Office. In particular, the Office
understands that it can be difficult to
predict how long it will take for a
reconsideration request to actually be
received by the Office, particularly
given security screening related delays.
Accordingly, the Office has decided to
adopt a ‘‘mailbox’’ or ‘‘postal’’ rule for
requests for reconsideration delivered
by the United States Postal Service or
dispatched by a commercial carrier,
courier, or messenger, which will offer
applicants greater certainty while
continuing to ensure that appeals are
considered in a timely fashion. This rule
will apply to any appeals that are
postmarked or dispatched after the
rule’s effective date; for appeals
postmarked or dispatched prior to that
date, the previous regulation will apply.
The Copyright Office is publishing
this amendment as a final rule without
first publishing a notice of proposed
rulemaking, as it constitutes a change to
a ‘‘rule[ ] of agency . . . procedure, or
practice.’’ 5 U.S.C. 553(b)(A). The rule
does not ‘‘alter the rights or interests of
parties,’’ but merely ‘‘alter[s] the manner
in which the parties present themselves
or their viewpoints to the agency.’’ JEM
Broad. Co. v. F.C.C., 22 F.3d 320, 326
(D.C. Cir. 1994). Other provisions that
relate to submissions of reconsideration
requests remain unaffected.
List of Subjects in 37 CFR Part 202
Copyright, Legal process.
1 The Office at this time is not allowing for
electronic submission of requests for
reconsideration, although it will consider
implementing such a procedure as part of future
information technology modernization efforts.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
62373
Final Regulations
For the reasons set forth in the
preamble, the Copyright Office amends
37 CFR part 202 as follows:
PART 202—PREREGISTRATION AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
1. The authority citation for part 202
continues to read as follows:
■
Authority: 17 U.S.C. 408(f), 702.
2. Amend § 202.5 as follows:
a. In paragraph (b)(3), remove the
phrase ‘‘received by the Copyright
Office’’ and add in its place the phrase
‘‘postmarked or dispatched by a
commercial carrier, courier, or
messenger’’.
■ b. In paragraph (c)(3), remove the
phrase ‘‘received in the Copyright
Office’’ and add in its place the phrase
‘‘postmarked or dispatched by a
commercial carrier, courier, or
messenger’’.
■
■
Dated: September 2, 2016.
Maria A. Pallante,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
David S. Mao,
Acting Librarian of Congress.
[FR Doc. 2016–21671 Filed 9–8–16; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2016–0313; FRL–9951–87–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Infrastructure SIP
Requirements for the 2012 Annual Fine
Particulate Matter (PM2.5) National
Ambient Air Quality Standards
(NAAQS)
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
a State Implementation Plan (SIP)
submission from the State of Kansas
addressing the applicable requirements
of Clean Air Act (CAA) section 110 for
the 2012 annual PM2.5 NAAQS. Section
110 requires that each state adopt and
submit a SIP to support the
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by the EPA. These
SUMMARY:
E:\FR\FM\09SER1.SGM
09SER1
62374
Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
This final rule is effective on
October 11, 2016.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2016–0313. 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 electronically at
www.regulations.gov and at EPA Region
7, 11201 Renner Boulevard, Lenexa,
Kansas 66219. Please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Heather Hamilton, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
I. What is being addressed in this document?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
ehiers on DSK5VPTVN1PROD with RULES
I. What is being addressed in this
document?
EPA is approving the infrastructure
SIP submission received from the State
of Kansas on November 25, 2015. The
infrastructure SIP submission addressed
the requirements of CAA sections
110(a)(1) and (2) as applicable to the
2012 annual PM2.5 NAAQS. A Technical
Support Document (TSD) is included as
part of the docket to discuss the details
of this rulemaking.
The proposal to approve the
infrastructure SIP submission was
published on July 11, 2016, in the
Federal Register. 81 FR 44830. The
comment period ended August 10, 2016.
There were no comments on the
proposal.
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
II. What action is EPA taking?
EPA is approving the November 25,
2015, infrastructure SIP submission
from the State of Kansas which
addresses the requirements of CAA
sections 110(a)(1) and (2) as applicable
to the 2012 annual PM2.5 NAAQS.
Based upon review of the state’s
infrastructure SIP submissions and
relevant statutory and regulatory
authorities and provisions referenced in
those submissions or referenced in
Kansas’ SIP, EPA believes that Kansas’
SIP meets all applicable required
elements of sections 110(a)(1) and (2)
with respect to the 2012 annual PM2.5
NAAQS.
The EPA’s analysis of the submission
is addressed in a TSD as part of the
docket.
III. 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.
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);
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
• 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 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 November 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,
Particulate matter, Reporting and
recordkeeping requirements.
E:\FR\FM\09SER1.SGM
09SER1
Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations
Dated: August 24, 2016.
Mark Hague,
Regional Administrator, Region 7.
Subpart R—Kansas
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
For the reasons stated in the
preamble, EPA is amending 40 CFR part
52 as set forth below:
62375
2. In § 52.870(e) the table is amended
by adding entry (44) in numerical order
to read as follows:
■
1. The authority citation for part 52
continues to read as follows:
■
§ 52.870
*
Authority: 42 U.S.C. 7401 et seq.
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED KANSAS NONREGULATORY SIP PROVISIONS
Name of nonregulatory SIP revision
Applicable geographic or
nonattainment area
*
*
*
(44) Section 110(a)(2) InfraStatewide ...............................
structure Requirements for
the 2012 PM2.5 NAAQS.
[FR Doc. 2016–21474 Filed 9–8–16; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2012–0953; FRL–9950–77–
Region 6]
Approval and Promulgation of Air
Quality Implementation Plans; Texas;
Infrastructure or Requirements for the
2008 Ozone and 2010 Nitrogen Dioxide
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving elements of
State Implementation Plan (SIP)
submissions from the State of Texas for
Ozone (O3) and Nitrogen Dioxide (NO2)
National Ambient Air Quality Standards
(NAAQS). These submittals address
how the existing SIP provides for
implementation, maintenance, and
enforcement of the 2008 O3 and 2010
NO2 NAAQS (infrastructure SIPs or iSIPs). These i-SIPs ensure that the
State’s SIP is adequate to meet the
State’s responsibilities under the
Federal Clean Air Act (CAA).
DATES: This rule is effective on October
11, 2016.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2012–0953. All
documents in the docket are listed on
the https://www.regulations.gov Web
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:26 Sep 08, 2016
Jkt 238001
State submittal
date
*
11/16/15
EPA approval date
*
9/9/16, [Insert Federal Register citation].
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
electronically through https://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Sherry Fuerst, telephone (214) 665–
6454, fuerst.sherry@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our February 8,
2016, proposal (81 FR 6483). In that
document we proposed to approve
elements of SIP submittals from the
State of Texas for the 2008 O3 and 2010
NO2 NAAQS. These submittals address
how the existing SIP provides for
implementation, maintenance, and
enforcement of the 2008 O3 and 2010
NO2 i-SIPs.
We received comments on the
proposal submitted jointly from two
organizations. Our response to the
comments are below.
II. Response to Comments
Comment: We received one set of
comments—submitted jointly by the
Sierra Club and Downwinders at Risk—
on the February 8, 2016 proposal to
approve certain elements of Texas’s SIP
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
Explanation
*
*
This action addresses the following CAA elements:
110(a)(2)(A), (B), (C), (D),
(E), (F), (G), (H), (J), (K),
(L), and (M). 110(a)(2)(I) is
not applicable. [EPA–R07–
OAR–2016–0313; FRL– ]
submissions for the 2008 ozone and
2010 NO2 NAAQS. These comments are
provided in the docket for today’s
rulemaking action. The commenters
contend that EPA cannot approve the
section 110(a)(2)(A) portion of Texas’s
2008 ozone infrastructure SIP
submission because of Fifth Circuit
‘‘binding precedent’’ purportedly
holding this portion of the submission
must ‘‘prohibit upwind sources in Texas
from significantly contributing to
nonattainment in downwind areas’’ in
Texas. Specifically, the commenters
contend that there are five coal-fired
power plants in East Texas that
‘‘significantly contribute’’ to Dallas-Fort
Worth’s ozone nonattainment problem
and that the Texas i-SIP fails to address
those emissions.
Response: We disagree with the
commenters that infrastructure SIPs
must include detailed attainment and
maintenance plans for all areas of the
state and must be disapproved if air
quality data and modeling show current
and future nonattainment. We believe
that section 110(a)(2)(A) is reasonably
interpreted to require states to submit
SIPs that reflect the first step in their
planning for attaining and maintaining
a new or revised NAAQS and that they
contain enforceable control measures
and demonstration that the state has the
available tools and authority to develop
and implement plans to attain and
maintain the NAAQS.
The commenters suggest that EPA
must disapprove the Texas ozone
infrastructure SIP because of the fact
that areas in Texas have air quality data
and modeling projections above or
forecasting above the standard, which
proves that the infrastructure SIP is
E:\FR\FM\09SER1.SGM
09SER1
Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62373-62375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21474]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R07-OAR-2016-0313; FRL-9951-87-Region 7]
Approval and Promulgation of Implementation Plans; State of
Kansas; Infrastructure SIP Requirements for the 2012 Annual Fine
Particulate Matter (PM2.5) National Ambient Air Quality
Standards (NAAQS)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving
elements of a State Implementation Plan (SIP) submission from the State
of Kansas addressing the applicable requirements of Clean Air Act (CAA)
section 110 for the 2012 annual PM2.5 NAAQS. Section 110
requires that each state adopt and submit a SIP to support the
implementation, maintenance, and enforcement of each new or revised
NAAQS promulgated by the EPA. These
[[Page 62374]]
SIPs are commonly referred to as ``infrastructure'' SIPs. The
infrastructure requirements are designed to ensure that the structural
components of each state's air quality management program are adequate
to meet the state's responsibilities under the CAA.
DATES: This final rule is effective on October 11, 2016.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R07-OAR-2016-0313. 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 electronically at www.regulations.gov and at
EPA Region 7, 11201 Renner Boulevard, Lenexa, Kansas 66219. Please
schedule an appointment during normal business hours with the contact
listed in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Heather Hamilton, Environmental
Protection Agency, Air Planning and Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at
Hamilton.heather@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' refer to EPA. This section provides additional information by
addressing the following:
I. What is being addressed in this document?
II. What action is EPA taking?
III. Statutory and Executive Order Reviews
I. What is being addressed in this document?
EPA is approving the infrastructure SIP submission received from
the State of Kansas on November 25, 2015. The infrastructure SIP
submission addressed the requirements of CAA sections 110(a)(1) and (2)
as applicable to the 2012 annual PM2.5 NAAQS. A Technical
Support Document (TSD) is included as part of the docket to discuss the
details of this rulemaking.
The proposal to approve the infrastructure SIP submission was
published on July 11, 2016, in the Federal Register. 81 FR 44830. The
comment period ended August 10, 2016. There were no comments on the
proposal.
II. What action is EPA taking?
EPA is approving the November 25, 2015, infrastructure SIP
submission from the State of Kansas which addresses the requirements of
CAA sections 110(a)(1) and (2) as applicable to the 2012 annual
PM2.5 NAAQS.
Based upon review of the state's infrastructure SIP submissions and
relevant statutory and regulatory authorities and provisions referenced
in those submissions or referenced in Kansas' SIP, EPA believes that
Kansas' SIP meets all applicable required elements of sections
110(a)(1) and (2) with respect to the 2012 annual PM2.5
NAAQS.
The EPA's analysis of the submission is addressed in a TSD as part
of the docket.
III. 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. 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).
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 November 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, Particulate matter, Reporting
and recordkeeping requirements.
[[Page 62375]]
Dated: August 24, 2016.
Mark Hague,
Regional Administrator, Region 7.
For the reasons stated in the preamble, EPA is amending 40 CFR part
52 as set forth below:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart R--Kansas
0
2. In Sec. 52.870(e) the table is amended by adding entry (44) in
numerical order to read as follows:
Sec. 52.870 Identification of plan.
* * * * *
(e) * * *
EPA-Approved Kansas Nonregulatory SIP Provisions
----------------------------------------------------------------------------------------------------------------
Applicable
Name of nonregulatory SIP geographic or State EPA approval date Explanation
revision nonattainment area submittal date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
(44) Section 110(a)(2) Statewide.......... 11/16/15 9/9/16, [Insert This action
Infrastructure Requirements for Federal Register addresses the
the 2012 PM2.5 NAAQS. citation]. following CAA
elements:
110(a)(2)(A), (B),
(C), (D), (E),
(F), (G), (H),
(J), (K), (L), and
(M). 110(a)(2)(I)
is not applicable.
[EPA-R07-OAR-2016-
0313; FRL- ]
----------------------------------------------------------------------------------------------------------------
[FR Doc. 2016-21474 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P