80 FR 76893 - Air Plan Approval; Minnesota; Transportation Conformity Procedures

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 80, Issue 238 (December 11, 2015)

Page Range		76893-76894
FR Document		2015-31063

The Environmental Protection Agency (EPA) is proposing to approve a revision submitted by the State of Minnesota on July 16, 2015. The purpose of this revision is to establish transportation conformity criteria and procedures related to interagency consultation, and enforceability of certain transportation related control and mitigation measures.

Federal Register, Volume 80 Issue 238 (Friday, December 11, 2015)

[Federal Register Volume 80, Number 238 (Friday, December 11, 2015)]
[Proposed Rules]
[Pages 76893-76894]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31063]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2015-0563; FRL-9939-79-Region 5]


Air Plan Approval; Minnesota; Transportation Conformity 
Procedures

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision submitted by the State of Minnesota on July 16, 
2015. The purpose of this revision is to establish transportation 
conformity criteria and procedures related to interagency consultation, 
and enforceability of certain transportation related control and 
mitigation measures.

DATES: Comments must be received on or before January 11, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2015-0563, by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for 
submitting comments.
    2. Email: [email protected].
    3. Fax: (312) 692-2450.
    4. Mail: Pamela Blakley, Chief, Control Strategies Section, Air 
Programs Branch (AR-18J), U.S. Environmental Protection Agency, 77 West 
Jackson Boulevard, Chicago, Illinois 60604.
    5. Hand Delivery: Pamela Blakley, Chief, Control Strategies 
Section, Air Programs Branch (AR-18J), U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Such 
deliveries are only

[[Page 76894]]

accepted during the Regional Office normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information. The Regional Office official hours of business are Monday 
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
    Please see the direct final rule which is located in the Rules 
section of this Federal Register for detailed instructions on how to 
submit comments.

FOR FURTHER INFORMATION CONTACT: Michael Leslie, Environmental 
Engineer, Control Strategies Section, Air Programs Branch (AR-18J), 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-6680, [email protected].

SUPPLEMENTARY INFORMATION: In the Rules section of this Federal 
Register, EPA is approving Minnesota's state implementation plan 
submittal as a direct final rule without prior proposal because the 
Agency views this as a noncontroversial submittal and anticipates no 
adverse comments. A detailed rationale for the approval is set forth in 
the direct final rule. If no adverse comments are received in response 
to this rule, no further activity is contemplated. If EPA receives 
adverse comments, the direct final rule will be withdrawn and all 
public comments received will be addressed in a subsequent final rule 
based on this proposed rule. EPA will not institute a second comment 
period. Any parties interested in commenting on this action should do 
so at this time. Please note that if EPA receives adverse comment on an 
amendment, paragraph, or section of this rule and if that provision may 
be severed from the remainder of the rule, EPA may adopt as final those 
provisions of the rule that are not the subject of an adverse comment. 
For additional information, see the direct final rule which is located 
in the Rules section of this Federal Register.

    Dated: November 23, 2015.
Susan Hedman,
Regional Administrator, Region 5.
[FR Doc. 2015-31063 Filed 12-10-15; 8:45 am]
 BILLING CODE 6560-50-P

Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Proposed Rules 76893

tactics would be dangerous or subdue a subject without causing beyond what is provided in this part.
ineffective. permanent injury. The M39 IRCAD The servicing SJA is critical in
(g) Notwithstanding § 632.7(b), an contains enough OC or ‘‘pepper spray’’ analyzing the particular installation’s
LESD will not be used: for 15 one-second bursts. It has an jurisdictional arrangement, and
(1) When it is known that the subject operational range of 10 to 30 feet. ST determining whether state law (for U.S.
has come into contact with flammable 19–LESM, task 191–376–5108 and task installations) or host nation law (for
liquids or is in a flammable 191–389–0037, outlines performance non-U.S. installations) impacts the use
environment; or measures to subdue a subject with OC of LESD, OC and/or baton on the
(2) When the subject is in a position spray while in performance of law installation.
where falling may cause significant enforcement duties. Soldier Training (b) After consultation with the
injury or death; or Publication (STP) 19–31E1–SM, task servicing judge advocate or legal
(3) As a punitive measure to coerce an 191–31E–0042 and 191–31E–1369, advisor, conduct the appropriate level of
uncooperative subject; or outline performance measures for use of inquiry in accordance with AR 15–6 for
(4) To awaken an unconscious subject OC spray while in a correctional facility. all incidents involving law enforcement
(e.g., due to intoxication). (b) Medical considerations. (1) Once personnel’s application of physical force
(h) Notwithstanding § 632.7(b), an the subject has been taken into custody, in the line of duty. The completed
LESD should not be used in the begin the decontamination process. inquiry will be filed as an enclosure
following circumstances unless (2) During transport, reassure the within the Law Enforcement Report.
absolutely necessary: subject and monitor them for medical [FR Doc. 2015–31194 Filed 12–10–15; 8:45 am]
(1) On a subject operating a motor distress, coherence, and respiration. BILLING CODE 3710–08–P
vehicle; or (3) Seek immediate medical assistance
(2) On a subject gripping a firearm; or upon any sign of medical distress.
(3) On women known or suspected to (4) Seek medical assistance if the
be pregnant; or ENVIRONMENTAL PROTECTION
direct effects of the OC spray does not AGENCY
(4) On persons perceived to be 60 dissipate within an hour.
years of age or older, or disabled; or 40 CFR Part 52
(5) On persons perceived to be § 632.9 Expandable or straight baton.
children 14 years of age or younger. (a) The baton is used for law [EPA–R05–OAR–2015–0563; FRL–9939–79–
(i) Post-employment responsibilities. enforcement self-defense and for Region 5]
(1) Law enforcement, correctional or keeping rioters and/or non-compliant
security personnel must seek medical subjects out of arms reach. The baton Air Plan Approval; Minnesota;
treatment or clearance from medical may be employed in situations where Transportation Conformity Procedures
personnel prior to further law the use of a firearm is not authorized or AGENCY: Environmental Protection
enforcement processing after employing necessary, and when law enforcement, Agency (EPA).
an LESD on a non-compliant subject. correctional or security personnel
ACTION: Proposed rule.
(2) If requested by the subject, law reasonably believe that a lower level of
enforcement, correctional or security force will be ineffective or jeopardize SUMMARY: The Environmental Protection
personnel must ensure that medical the safety of the law enforcement Agency (EPA) is proposing to approve a
treatment is provided after an LESD has personnel. revision submitted by the State of
been employed, regardless of the (b) Authorized use. The baton may be Minnesota on July 16, 2015. The
subject’s apparent medical condition. used as a defensive impact instrument purpose of this revision is to establish
(3) If an LESD probes are lodged in to block or strike an assailant. The transportation conformity criteria and
the soft tissue areas near the eye, throat, subjects’ actions and levels of resistance procedures related to interagency
ear, groin, or genitals, law enforcement, will determine how the baton is consultation, and enforceability of
correctional or security personnel will employed. STP 19–LESM, task 191– certain transportation related control
summon medical personnel to the 376–5210, outlines performance and mitigation measures.
scene, or will transport the subject to measures (e.g. appropriate and
DATES: Comments must be received on
the nearest medical facility to have the inappropriate strike areas) to subdue a
or before January 11, 2016.
probes removed by medical personnel. subject with a straight baton while in
(4) During processing, the performance of law enforcement duties. ADDRESSES: Submit your comments,
apprehending law enforcement STP 19–31E–SM, task 191–376–4140, identified by Docket ID No. EPA–R05–
personnel will inform the detention outlines performance measures when OAR–2015–0563, by one of the
personnel that they employed an LESD using a riot baton as a member of a riot following methods:
against the subject. Law enforcement control formation. 1. www.regulations.gov: Follow the
personnel will not transfer a subject to (c) Location of use. Consideration on-line instructions for submitting
a detention center after employment of must be used when employing the baton comments.
an LESD if the probes have not been on vital areas of the body such as the 2. Email: blakley.pamela@epa.gov.
removed, or if the subject has not head, neck or spine. Baton blows to the 3. Fax: (312) 692–2450.
received, requested or required medical head can cripple or kill. Batons will not 4. Mail: Pamela Blakley, Chief,
care. be used to apply pressure to the head, Control Strategies Section, Air Programs
Branch (AR–18J), U.S. Environmental
jstallworth on DSK7TPTVN1PROD with PROPOSALS

neck or throat.
§ 632.8 Oleoresin capsicum (OC) spray. Protection Agency, 77 West Jackson
(a) The Army M39 Individual Riot § 632.10 Jurisdiction and authority. Boulevard, Chicago, Illinois 60604.
Control Agent Dispenser (IRCAD) (a) The DES, Correctional Facility 5. Hand Delivery: Pamela Blakley,
contains OC and is intended for law Commander or PM for each installation, Chief, Control Strategies Section, Air
enforcement use in self-defense and for in coordination with the senior/garrison Programs Branch (AR–18J), U.S.
controlling rioters, prisoners, and/or commander and the staff judge advocate Environmental Protection Agency, 77
non-compliant subjects. It is designed to (SJA), may place further limitations on West Jackson Boulevard, Chicago,
provide a safe and effective way to the use of an LESD, OC, and/or baton Illinois 60604. Such deliveries are only

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76894 Federal Register / Vol. 80, No. 238 / Friday, December 11, 2015 / Proposed Rules

accepted during the Regional Office ENVIRONMENTAL PROTECTION the public docket without change, and
normal hours of operation, and special AGENCY may be made available online at
arrangements should be made for www.regulations.gov, including any
deliveries of boxed information. The 40 CFR Part 62 personal information provided, unless
Regional Office official hours of [EPA–R02–OAR–2015–0755, FRL–9940–00– the comment includes information
business are Monday through Friday, Region 2] claimed to be Confidential Business
8:30 a.m. to 4:30 p.m., excluding Information (CBI) or other information
Federal holidays. Approval and Promulgation of State whose disclosure is restricted by statute.
Plans for Designated Facilities; Do not submit information that you
Please see the direct final rule which Commonwealth of Puerto Rico consider to be CBI or otherwise
is located in the Rules section of this protected through www.regulations.gov
Federal Register for detailed AGENCY: Environmental Protection or email. The www.regulations.gov Web
instructions on how to submit Agency (EPA). site is an ‘‘anonymous access’’ system,
comments. ACTION: Proposed rule. which means the EPA will not know
SUMMARY: The Environmental Protection your identity or contact information
FOR FURTHER INFORMATION CONTACT:
Agency (EPA) is proposing to approve unless you provide it in the body of
Michael Leslie, Environmental
the State plan submitted by the your comment. If you send an email
Engineer, Control Strategies Section, Air comment directly to EPA without going
Programs Branch (AR–18J), Commonwealth of Puerto Rico to
implement and enforce the Emission through www.regulations.gov your email
Environmental Protection Agency, address will be automatically captured
Region 5, 77 West Jackson Boulevard, Guidelines (EG) for existing sewage
sludge incineration (SSI) units. Puerto and included as part of the comment
Chicago, Illinois 60604, (312) 353–6680, that is placed in the public docket and
leslie.michael@epa.gov. Rico’s plan is consistent with the EG
promulgated by the EPA on March 21, made available on the Internet. If you
SUPPLEMENTARY INFORMATION: In the 2011. Puerto Rico’s plan establishes submit an electronic comment, the EPA
Rules section of this Federal Register, emission limits and other requirements recommends that you include your
EPA is approving Minnesota’s state for the purpose of reducing toxic air name and other contact information in
implementation plan submittal as a emissions and other air pollutants from the body of your comment and with any
direct final rule without prior proposal existing SSI units throughout the disk or CD–ROM you submit. If the EPA
Commonwealth. At the request of cannot read your comment due to
because the Agency views this as a
Puerto Rico, the EPA is proposing not to technical difficulties and cannot contact
noncontroversial submittal and
take action on a provision of its SSI plan you for clarification, the EPA may not
anticipates no adverse comments. A be able to consider your comment.
detailed rationale for the approval is set allowing for affirmative defenses of
Clean Air Act violations in the case of Electronic files should avoid the use of
forth in the direct final rule. If no special characters, any form of
adverse comments are received in malfunctions. Puerto Rico submitted its
plan to fulfill the requirements of encryption, and be free of any defects or
response to this rule, no further activity viruses. For additional information
is contemplated. If EPA receives adverse sections 111(d) and 129 of the Clean Air
Act. about the EPA’s public docket visit the
comments, the direct final rule will be EPA Docket Center homepage at http://
DATES: Written comments must be
withdrawn and all public comments www.epa.gov/epahome/dockets.htm.
received will be addressed in a received on or before January 11, 2016.
Docket: All documents in the
subsequent final rule based on this ADDRESSES: Submit your comments,
electronic docket are listed in the
proposed rule. EPA will not institute a identified by Docket ID Number EPA– www.regulations.gov index. Although
second comment period. Any parties R02–OAR–2015–0755 by one of the listed in the index, some information is
following methods: not publicly available, i.e., CBI or other
interested in commenting on this action • www.regulations.gov. Follow the
should do so at this time. Please note information whose disclosure is
on-line instructions for submitting
that if EPA receives adverse comment restricted by statute. Certain other
comments.
on an amendment, paragraph, or section • Email: Ruvo.Richard@epa.gov. material, such as copyrighted material,
of this rule and if that provision may be • Mail: EPA–R02–OAR–2015–0755, will be publicly available only in hard
severed from the remainder of the rule, Richard Ruvo, Chief, Air Programs copy form. Publicly available docket
EPA may adopt as final those provisions Branch, Environmental Protection materials are available at
of the rule that are not the subject of an Agency, Region 2 Office, 290 Broadway, www.regulations.gov or at the
adverse comment. For additional 25th Floor, New York, New York Environmental Protection Agency,
information, see the direct final rule 10007–1866. Region 2 Office, Air Programs Branch,
• Hand Delivery: Richard Ruvo, 290 Broadway, 25th Floor, New York,
which is located in the Rules section of
Chief, Air Programs Branch, New York 10007–1866. The EPA
this Federal Register.
Environmental Protection Agency, requests, if at all possible, that you
Dated: November 23, 2015. contact the individual listed in the FOR
Region 2 Office, 290 Broadway, 25th
Susan Hedman, Floor, New York, New York 10007– FURTHER INFORMATION CONTACT section to
Regional Administrator, Region 5. 1866. Such deliveries are only accepted view the hard copy of the docket. The
during the Regional Office’s normal Regional Office’s official hours of
jstallworth on DSK7TPTVN1PROD with PROPOSALS

[FR Doc. 2015–31063 Filed 12–10–15; 8:45 am]
hours of operation. The Regional business are Monday through Friday,
BILLING CODE 6560–50–P
Office’s official hours of business are 8:30 a.m. to 4:00 p.m., excluding federal
Monday through Friday, 8:30 a.m. to holidays.
4:00 p.m. excluding federal holidays. FOR FURTHER INFORMATION CONTACT:
Instructions: Direct your comments to Anthony (Ted) Gardella
Docket ID No. EPA–R02–OAR–2015– (Gardella.anthony@epa.gov),
0755. The EPA’s policy is that all Environmental Protection Agency,
comments received will be included in Region 2 Office, Air Programs Branch,

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Document Created: 2018-03-02 09:12:35
Document Modified: 2018-03-02 09:12:35

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		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before January 11, 2016.
Contact		Michael Leslie, Environmental Engineer, Control Strategies Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]
FR Citation		80 FR 76893