80 FR 34835 - Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Transportation Conformity and Conformity of General Federal Actions
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 117 (June 18, 2015)
Federal Register Volume 80, Issue 117 (June 18, 2015)
| Page Range | 34835-34837 | |
| FR Document | 2015-13948 |
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)] [Rules and Regulations] [Pages 34835-34837] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-13948] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2011-0938; FRL-9928-79-Region 6] Approval and Promulgation of Air Quality Implementation Plans; New Mexico; Transportation Conformity and Conformity of General Federal Actions AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Under the Federal Clean Air Act (Act), the Environmental Protection Agency (EPA) is approving revisions to the New Mexico State Implementation Plan (SIP). These revisions update the transportation conformity rules and remove the general conformity provisions. DATES: This rule is effective on July 20, 2015. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2011-0938. All documents in the docket are listed on 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 electronically through http://www.regulations.gov or in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Jeffrey Riley (6PD-L), telephone: (214) 665-8542, email: [email protected]. SUPPLEMENTARY INFORMATION: I. Background The background for this action is discussed in detail in our February 10, 2015 direct final rule and proposal (80 FR 7341). The rule and proposal stated that if any relevant adverse comments were received by the end of the public comment period, the direct final rule would be withdrawn and we would respond to the comments in a subsequent final action. A relevant adverse comment was received during the comment period, and the direct final rule was withdrawn on April 8, 2015 (80 FR 19020). Our proposal provides the basis for this final action. These revisions amend the transportation conformity SIP provisions and remove the general conformity provisions from the SIP, as allowed by the Act's 2005 amendments. These revisions also address interagency consultation and enforceability of certain transportation-related control measures and mitigation measures. We received one comment on the direct final rule by one commenter, Sierra Club. The comment and our response to the comment is below. II. Response to Comments Comment: ``Acting regional administrator Sam Coleman cannot sign approvals, disapprovals, or any combination of approvals or disapproval, in whole or in part, due to the fact that agency actions on state implementation plans are required to be signed by the regional administrator, Ron Curry, not the current deputy regional administrator as stated in the agency's delegations manual. The manual specifically states that SIP actions can't be redelegated from the regional administrator.'' Response: As the Acting Regional Administrator, Deputy Regional Administrator Sam Coleman had authority to sign the proposal and direct final action on the SIP revisions. On January 28, 2015, the day that the proposal and direct final action were signed, Sam Coleman was acting in the capacity of the Regional Administrator for Ron Curry, who was absent from Region 6 at the time. The following language is listed in the Region 6 Deputy Regional Administrator's position description ``In the absence of the Regional Administrator, the Deputy Regional Administrator will perform the duties of the Regional Administrator.'' Further, EPA Region 6 Order 1110.11 establishes a line of succession to perform the duties of the Regional Administrator should the Regional Administrator be absent from the office. The Deputy Regional Administrator is the first person listed on that line of succession. Copies of the two documents are included in the docket for this rulemaking. Finally, the heads of administrative agencies are statutorily vested with the authority to delegate authorities to subordinate officials, 5 U.S.C. 302. Federal Courts have held that rules, including internal delegations and appointments of authority are effective regardless of publication in the Federal Register or the Code of Federal Regulations. The comment only challenged the Deputy Regional Administrator's authority to sign the Direct Final Action. EPA received no other comments or challenges as to the substance of the proposal or direct final. Therefore, we are finalizing our action to approve these SIP amendments. III. Final Action Pursuant to sections 110 and 176 of the Act, EPA is approving three revisions to the New Mexico SIP that were submitted on October 28, 2011, November 1, 2013, and August 8, 2014. We evaluated the state's submittals and determined that they meet the applicable requirements of the CAA sections 110 and 176 and applicable EPA guidance. In accordance with CAA section 110(l), these revisions will not interfere with attainment of the NAAQS, reasonable further progress, or any other applicable requirement of the CAA. IV. Incorporation by Reference In this rule, we are finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, we are finalizing the incorporation by reference of the revisions to the New Mexico regulations as described in the Final Action section above. We have made, and will continue to make, these documents generally [[Page 34836]] available electronically through www.regulations.gov and/or in hard copy at the EPA Region 6 office. V. 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, EPA's role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve 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). 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 rule 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 17, 2015. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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: May 27, 2015. Ron Curry, Regional Administrator, Region 6. Therefore, 40 CFR part 52 is amended as follows: 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 GG--New Mexico 0 2. In Sec. 52.1620, the first table in paragraph (c) entitled ``EPA Approved New Mexico Regulations'' is amended by: 0 a. Removing the entry for ``Part 98, General Conformity''; 0 b. Revising the entries for ``20.2.99.1'' through ``20.2.99.8''; 0 c. Removing the entry for ``20.2.99.9 to 20.2.99.100''; 0 d. Revising the entries for ``20.2.99.101'' through ``20.2.99.112''; 0 e. Removing the entries for ``20.2.99.113'' through ``20.2.99.154''. The revisions read as follows: Sec. 52.1620 Identification of plan. * * * * * (c) * * * EPA Approved New Mexico Regulations ---------------------------------------------------------------------------------------------------------------- State approval/ State citation Title/Subject effective EPA Approval date Comments date ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Part 99--Transportation Conformity ---------------------------------------------------------------------------------------------------------------- 20.2.99.1........................ Issuing Agency...... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.2........................ Scope............... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. [[Page 34837]] 20.2.99.3........................ Statutory Authority. 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.4........................ Duration............ 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.5........................ Effective Date...... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.6........................ Objective........... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.7........................ Definitions......... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.8........................ Documents........... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.101...................... Applicability....... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.102...................... Consultation........ 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. 20.2.99.103...................... Agency Roles in 7/11/2014 6/18/2015 [Insert ................. Consultation. Federal Register Citation]. 20.2.99.104...................... Agency 7/11/2014 6/18/2015 [Insert ................. Responsibilities in Federal Register Consultation. Citation]. 20.2.99.105...................... General Consultation 7/11/2014 6/18/2015 [Insert ................. Procedures. Federal Register Citation]. 20.2.99.106...................... Consultation 7/11/2014 6/18/2015 [Insert ................. Procedures for Federal Register Specific Major Citation]. Activities. 20.2.99.107...................... Consultation 7/11/2014 6/18/2015 [Insert ................. Procedures for Federal Register Specific Routine Citation]. Activities. 20.2.99.108...................... Notification 7/11/2014 6/18/2015 [Insert ................. Procedures for Federal Register Routine Activities. Citation]. 20.2.99.109...................... Conflict Resolution 7/11/2014 6/18/2015 [Insert ................. and Appeals to the Federal Register Governor. Citation]. 20.2.99.110...................... Public Consultation 7/11/2014 6/18/2015 [Insert ................. Procedures. Federal Register Citation]. 20.2.99.111...................... Enforceability of 7/11/2014 6/18/2015 [Insert ................. Design Concept and Federal Register Scope and Project- Citation]. Level Mitigation and Control Measures. 20.2.99.112...................... Savings Provision... 7/11/2014 6/18/2015 [Insert ................. Federal Register Citation]. ---------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2015-13948 Filed 6-17-15; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 34835
Robert L. Nabors II, Chief of Staff, the http://www.regulations.gov Web authority to sign the proposal and direct
approved this document on June 12, site. Although listed in the index, some final action on the SIP revisions. On
2015, for publication. information is not publicly available, January 28, 2015, the day that the
e.g., Confidential Business Information proposal and direct final action were
List of Subjects in 38 CFR Part 2
or other information whose disclosure is signed, Sam Coleman was acting in the
Authority delegations (Government restricted by statute. Certain other capacity of the Regional Administrator
agencies). material, such as copyrighted material, for Ron Curry, who was absent from
Dated: June 12, 2015. is not placed on the Internet and will be Region 6 at the time. The following
William F. Russo, publicly available only in hard copy language is listed in the Region 6
Acting Director, Office of Regulation Policy form. Publicly available docket Deputy Regional Administrator’s
& Management, Office of the General Counsel. materials are available either position description ‘‘In the absence of
electronically through http:// the Regional Administrator, the Deputy
For the reasons set out in the Regional Administrator will perform the
www.regulations.gov or in hard copy at
preamble, 38 CFR part 2 is amended as duties of the Regional Administrator.’’
EPA Region 6, 1445 Ross Avenue, Suite
follows: Further, EPA Region 6 Order 1110.11
700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT: establishes a line of succession to
PART 2—DELEGATIONS OF
Jeffrey Riley (6PD–L), telephone: (214) perform the duties of the Regional
AUTHORITY
665–8542, email: riley.jeffrey@epa.gov. Administrator should the Regional
■ 1. The authority citation for part 2 Administrator be absent from the office.
SUPPLEMENTARY INFORMATION:
continues to read as follows: The Deputy Regional Administrator is
I. Background the first person listed on that line of
Authority: 5 U.S.C. 302, 552a; 38 U.S.C.
succession. Copies of the two
501, 512, 515, 1729, 1729A, 5711; 44 U.S.C. The background for this action is
3702, and as noted in specific sections. documents are included in the docket
discussed in detail in our February 10,
for this rulemaking. Finally, the heads
2015 direct final rule and proposal (80
§ 2.6 [Amended] of administrative agencies are statutorily
FR 7341). The rule and proposal stated vested with the authority to delegate
■ 2. Amend § 2.6(e)(1) by removing that if any relevant adverse comments
‘‘Deputy General Counsel, and Director authorities to subordinate officials, 5
were received by the end of the public U.S.C. 302. Federal Courts have held
for Regulation Policy and Management’’ comment period, the direct final rule
and adding in its place ‘‘the Principal that rules, including internal
would be withdrawn and we would delegations and appointments of
Deputy General Counsel, the Deputy respond to the comments in a
General Counsel, Central Office, and the authority are effective regardless of
subsequent final action. A relevant publication in the Federal Register or
Director of the Office of Regulation adverse comment was received during
Policy and Management’’. the Code of Federal Regulations.
the comment period, and the direct final The comment only challenged the
[FR Doc. 2015–14959 Filed 6–17–15; 8:45 am] rule was withdrawn on April 8, 2015 Deputy Regional Administrator’s
BILLING CODE 8320–01–P (80 FR 19020). Our proposal provides authority to sign the Direct Final Action.
the basis for this final action. These EPA received no other comments or
revisions amend the transportation challenges as to the substance of the
ENVIRONMENTAL PROTECTION conformity SIP provisions and remove proposal or direct final. Therefore, we
AGENCY the general conformity provisions from are finalizing our action to approve
the SIP, as allowed by the Act’s 2005 these SIP amendments.
40 CFR Part 52 amendments. These revisions also
address interagency consultation and III. Final Action
[EPA–R06–OAR–2011–0938; FRL–9928–79–
Region 6] enforceability of certain transportation- Pursuant to sections 110 and 176 of
related control measures and mitigation the Act, EPA is approving three
Approval and Promulgation of Air measures. revisions to the New Mexico SIP that
Quality Implementation Plans; New We received one comment on the were submitted on October 28, 2011,
Mexico; Transportation Conformity direct final rule by one commenter, November 1, 2013, and August 8, 2014.
and Conformity of General Federal Sierra Club. The comment and our We evaluated the state’s submittals and
Actions response to the comment is below. determined that they meet the
II. Response to Comments applicable requirements of the CAA
AGENCY: Environmental Protection sections 110 and 176 and applicable
Agency (EPA). Comment: ‘‘Acting regional EPA guidance. In accordance with CAA
ACTION: Final rule. administrator Sam Coleman cannot sign section 110(l), these revisions will not
approvals, disapprovals, or any interfere with attainment of the NAAQS,
SUMMARY: Under the Federal Clean Air
combination of approvals or reasonable further progress, or any other
Act (Act), the Environmental Protection
disapproval, in whole or in part, due to applicable requirement of the CAA.
Agency (EPA) is approving revisions to
the fact that agency actions on state
the New Mexico State Implementation IV. Incorporation by Reference
implementation plans are required to be
Plan (SIP). These revisions update the
signed by the regional administrator, In this rule, we are finalizing
transportation conformity rules and
Ron Curry, not the current deputy regulatory text that includes
remove the general conformity
regional administrator as stated in the incorporation by reference. In
provisions.
agency’s delegations manual. The accordance with the requirements of 1
tkelley on DSK3SPTVN1PROD with RULES
DATES: This rule is effective on July 20, manual specifically states that SIP CFR 51.5, we are finalizing the
2015. actions can’t be redelegated from the incorporation by reference of the
ADDRESSES: EPA has established a regional administrator.’’ revisions to the New Mexico regulations
docket for this action under Docket ID Response: As the Acting Regional as described in the Final Action section
No. EPA–R06–OAR–2011–0938. All Administrator, Deputy Regional above. We have made, and will continue
documents in the docket are listed on Administrator Sam Coleman had to make, these documents generally
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![34836 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations
available electronically through Technology Transfer and Advancement for judicial review may be filed, and
www.regulations.gov and/or in hard Act of 1995 (15 U.S.C. 272 note) because shall not postpone the effectiveness of
copy at the EPA Region 6 office. application of those requirements would such rule or action. This action may not
be inconsistent with the CAA; and be challenged later in proceedings to
V. Statutory and Executive Order • Does not provide EPA with the enforce its requirements. (See section
Reviews discretionary authority to address, as 307(b)(2)).
Under the Clean Air Act, the appropriate, disproportionate human
Administrator is required to approve a health or environmental effects, using List of Subjects in 40 CFR Part 52
SIP submission that complies with the practicable and legally permissible Environmental protection, Air
provisions of the Act and applicable methods, under Executive Order 12898 pollution control, Carbon monoxide,
federal regulations. 42 U.S.C. 7410(k); (59 FR 7629, February 16, 1994). Incorporation by reference,
40 CFR 52.02(a). Thus, in reviewing SIP The SIP is not approved to apply on any Intergovernmental relations, Lead,
submissions, EPA’s role is to approve Indian reservation land or in any other Nitrogen dioxide, Ozone, Particulate
state choices, provided that they meet area where EPA or an Indian tribe has matter, Reporting and recordkeeping
the criteria of the CAA. Accordingly, demonstrated that a tribe has requirements, Sulfur oxides, Volatile
this action merely proposes to approve jurisdiction. In those areas of Indian organic compounds.
state law as meeting federal country, the rule does not have tribal
requirements and does not impose Dated: May 27, 2015.
implications as specified by Executive
additional requirements beyond those Ron Curry,
Order 13175 (65 FR 67249, November 9,
imposed by state law. For that reason, 2000), nor will it impose substantial Regional Administrator, Region 6.
this action: direct costs on tribal governments or Therefore, 40 CFR part 52 is amended
• Is not a ‘‘significant regulatory preempt tribal law. as follows:
action’’ subject to review by the Office The Congressional Review Act, 5
of Management and Budget under U.S.C. 801 et seq., as added by the Small PART 52—APPROVAL AND
Executive Order 12866 (58 FR 51735, Business Regulatory Enforcement PROMULGATION OF
October 4, 1993); Fairness Act of 1996, generally provides IMPLEMENTATION PLANS
• Does not impose an information
that before a rule may take effect, the
collection burden under the provisions ■ 1. The authority citation for part 52
agency promulgating the rule must
of the Paperwork Reduction Act (44 continues to read as follows:
submit a rule report, which includes a
U.S.C. 3501 et seq.);
• Is certified as not having a copy of the rule, to each House of the Authority: 42 U.S.C. 7401 et seq.
significant economic impact on a Congress and to the Comptroller General
of the United States. EPA will submit a Subpart GG—New Mexico
substantial number of small entities
under the Regulatory Flexibility Act (5 report containing this rule and other
required information to the U.S. Senate, ■ 2. In § 52.1620, the first table in
U.S.C. 601 et seq.); paragraph (c) entitled ‘‘EPA Approved
• Does not contain any unfunded the U.S. House of Representatives, and
the Comptroller General of the United New Mexico Regulations’’ is amended
mandate or significantly or uniquely by:
affect small governments, as described States prior to publication of the rule in
■ a. Removing the entry for ‘‘Part 98,
in the Unfunded Mandates Reform Act the Federal Register. A major rule
cannot take effect until 60 days after it General Conformity’’;
of 1995 (Pub. L. 104–4);
■ b. Revising the entries for ‘‘20.2.99.1’’
• Does not have federalism is published in the Federal Register.
implications as specified in Executive This action is not a ‘‘major rule’’ as through ‘‘20.2.99.8’’;
defined by 5 U.S.C. 804(2). ■ c. Removing the entry for ‘‘20.2.99.9
Order 13132 (64 FR 43255, August 10,
1999); Under section 307(b)(1) of the CAA, to 20.2.99.100’’;
• Is not an economically significant petitions for judicial review of this ■ d. Revising the entries for
regulatory action based on health or action must be filed in the United States ‘‘20.2.99.101’’ through ‘‘20.2.99.112’’;
safety risks subject to Executive Order Court of Appeals for the appropriate ■ e. Removing the entries for
13045 (62 FR 19885, April 23, 1997); circuit by August 17, 2015. Filing a ‘‘20.2.99.113’’ through ‘‘20.2.99.154’’.
• Is not a significant regulatory action petition for reconsideration by the The revisions read as follows:
subject to Executive Order 13211 (66 FR Administrator of this final rule does not
28355, May 22, 2001); affect the finality of this rule for the § 52.1620 Identification of plan.
• Is not subject to requirements of purposes of judicial review nor does it * * * * *
section 12(d) of the National extend the time within which a petition (c) * * *
EPA APPROVED NEW MEXICO REGULATIONS
State
approval/ Com-
State citation Title/Subject EPA Approval date
effective ments
date
* * * * * * *
tkelley on DSK3SPTVN1PROD with RULES
Part 99—Transportation Conformity
20.2.99.1 ............................................ Issuing Agency ................................. 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.2 ............................................ Scope ................................................ 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
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![Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 34837
EPA APPROVED NEW MEXICO REGULATIONS—Continued
State
approval/ Com-
State citation Title/Subject EPA Approval date
effective ments
date
20.2.99.3 ............................................ Statutory Authority ............................ 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.4 ............................................ Duration ............................................ 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.5 ............................................ Effective Date ................................... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.6 ............................................ Objective ........................................... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.7 ............................................ Definitions ......................................... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.8 ............................................ Documents ........................................ 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.101 ........................................ Applicability ....................................... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.102 ........................................ Consultation ...................................... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.103 ........................................ Agency Roles in Consultation .......... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.104 ........................................ Agency Responsibilities in Consulta- 7/11/2014 6/18/2015 [Insert Federal Register
tion. Citation].
20.2.99.105 ........................................ General Consultation Procedures .... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.106 ........................................ Consultation Procedures for Specific 7/11/2014 6/18/2015 [Insert Federal Register
Major Activities. Citation].
20.2.99.107 ........................................ Consultation Procedures for Specific 7/11/2014 6/18/2015 [Insert Federal Register
Routine Activities. Citation].
20.2.99.108 ........................................ Notification Procedures for Routine 7/11/2014 6/18/2015 [Insert Federal Register
Activities. Citation].
20.2.99.109 ........................................ Conflict Resolution and Appeals to 7/11/2014 6/18/2015 [Insert Federal Register
the Governor. Citation].
20.2.99.110 ........................................ Public Consultation Procedures ....... 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
20.2.99.111 ........................................ Enforceability of Design Concept 7/11/2014 6/18/2015 [Insert Federal Register
and Scope and Project-Level Miti- Citation].
gation and Control Measures.
20.2.99.112 ........................................ Savings Provision ............................. 7/11/2014 6/18/2015 [Insert Federal Register
Citation].
* * * * * SUMMARY: The Health and Human Treatment, SAMHSA, 1 Choke Cherry
[FR Doc. 2015–13948 Filed 6–17–15; 8:45 am] Services Department (HHS) is correcting Road, Room 7–1028, Rockville, MD
BILLING CODE 6560–50–P a final rule that appeared in the Federal 20857, (240) 276–2700, email:
Register of December 6, 2012. The Jinhee.Lee@samhsa.hhs.gov.
document modified the dispensing
requirements buprenorphine and SUPPLEMENTARY INFORMATION: On
DEPARTMENT OF HEALTH AND buprenorphine combination products December 6, 2012 (77 FR 72752), HHS
HUMAN SERVICES approved by the Food and Drug published a final rule in the Federal
Administration (FDA) for opioid Register modifying the dispensing
42 CFR Part 8 requirements in 42 CFR 8.12 for
dependence and used in federally
certified and registered opioid treatment buprenorphine and buprenorphine
[Docket No. 2012–29417]
programs. In particular, this rule allows combination products approved by FDA
RIN 0930–AA14 opioid treatment programs more for opioid dependence and used in
flexibility in dispensing take-home federally certified and registered opioid
Opioid Drugs in Maintenance and supplies of buprenorphine after the treatment programs. An inadvertent
Detoxification Treatment of Opiate assessment and documentation of a error was made whereby § 8.12(i)(3)(i)
Addiction; Proposed Modification of patient’s responsibility and stability to through (vi) was deleted. The original
Dispensing Restrictions for receive opioid addiction treatment intention was only to revise § 8.12(i)(3)
Buprenorphine and Buprenorphine medication. However, an inadvertent introductory text, however, this was not
Combination as Used in Approved removal of paragraphs was made. This made clear and thus the entire section
tkelley on DSK3SPTVN1PROD with RULES
Opioid Treatment Medications; correction reinstates the missing following the introductory text was
Correction paragraphs. removed. This correction properly
DATES: Effective June 18, 2015. modifies the dispensing requirements in
AGENCY: Substance Abuse and Mental
Health Services Administration, HHS. FOR FURTHER INFORMATION CONTACT: 42 CFR 8.12 as published in the Federal
Jinhee Lee, Division of Pharmacologic Register on December 6, 2012, without
ACTION: Final rule; correction.
Therapies, Center for Substance Abuse removing § 8.12(i)(3)(i) through (vi).
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Document Created: 2018-02-22 11:12:10
Document Modified: 2018-02-22 11:12:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on July 20, 2015. | |
| Contact | Jeffrey Riley (6PD-L), telephone: (214) 665-8542, email: [email protected] | |
| FR Citation | 80 FR 34835 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Carbon Monoxide; Incorporation by Reference; Intergovernmental Relations; Lead; Nitrogen Dioxide; Ozone; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Oxides and Volatile Organic Compounds |
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