81 FR 12825 - Announcement of the Delegation of Partial Administrative Authority for Implementation of Federal Implementation Plan for the Confederated Tribes of the Colville Reservation
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 48 (March 11, 2016)
Federal Register Volume 81, Issue 48 (March 11, 2016)
| Page Range | 12825-12826 | |
| FR Document | 2016-05556 |
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)] [Rules and Regulations] [Pages 12825-12826] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05556] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 49 [EPA-R10-OAR-2015-0847; FRL-9943-54-Region 10] Announcement of the Delegation of Partial Administrative Authority for Implementation of Federal Implementation Plan for the Confederated Tribes of the Colville Reservation AGENCY: Environmental Protection Agency (EPA). ACTION: Delegation of authority; technical amendment. ----------------------------------------------------------------------- SUMMARY: This action announces that on October 26, 2015, EPA Region 10 and the Confederated Tribes of the Colville Reservation, entered into a Partial Delegation of Administrative Authority agreement to carry out certain day-to-day activities associated with implementation of the Federal Implementation Plan for the Colville Reservation (Colville FIP). A note of this partial delegation is being added to the Colville FIP in the Code of Federal Regulations. DATES: This rule is effective March 11, 2016. The partial delegation of administrative authority was effective October 26, 2015. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R10-OAR-2015-0847. The delegation agreement and other docket materials are available electronically at the EPA's electronic public docket and comment system, found at http://www.regulations.gov or in hard copy from Andra Bosneag, Office of Air, Waste and Toxics, AWT-150, EPA Region 10, Suite 900, 1200 Sixth Avenue, Seattle, WA 98101, or via email at [email protected]. Additional information may also be obtained from the Colville Tribe by contacting Kris Ray, Confederated Tribes of the Colville Reservation, P.O. Box 150, Nespelem, WA 99155 or via email at [email protected]. All documents in the electronic docket are listed in the http://www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information the disclosure of which 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 in http://www.regulations.gov or in hard copy during normal business hours at the Office of Air, Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA 98101. FOR FURTHER INFORMATION CONTACT: Andra Bosneag at (206) 553-1226, [email protected], or the EPA Region 10 address. SUPPLEMENTARY INFORMATION: The purpose of this action is to announce that on October 26, 2015, EPA Region 10, delegated partial administrative authority for implementation of certain provisions of the Colville FIP to the Confederated Tribes of the Colville Reservation. See 40 CFR part 49, subpart M, sections 9951 through 9960, as authorized by 40 CFR 49.122 of the Federal Air Rules for Reservations (FARR), 40 CFR part 49, subpart C. I. Authority To Delegate Federal regulations at 40 CFR 49.122 provide the EPA authority to delegate to Indian Tribes partial administrative authority to implement provisions of the FARR, 40 CFR part 49, subpart C. Tribes must submit a request to the Regional Administrator that meets the requirements of 40 CFR 49.122. II. Request for Delegation On May 21, 2014, Chaitna Sinha of the Office of the Reservation Attorney of the Confederated Tribes of the Colville Reservation submitted to the Regional Administrator a request for delegation of certain provision of the Colville FIP. That request included all the information and demonstrations required by the FARR for delegation. A copy of all documentation is on file at the EPA Region 10, Seattle, Washington office (see addresses above). The Confederated Tribes of the Colville Reservation requested delegation for the following provisions: 40 CFR 49.9960(b) Rule for limiting visible emissions, 40 CFR 49.9960(i) General rule for open burning, and 40 CFR 49.9960(k) Rule for air pollution episodes. III. EPA Response to the Request for Delegation The EPA and the Confederated Tribes of the Colville Reservation signed a delegation agreement that specifies the provisions and authorities delegated. The Confederated Tribes of the Colville Reservation are delegated the following provisions; 40 CFR 49.9960(b) Rule for limiting visible emissions, 40 CFR 49.9960(i) General rule for open burning, and 40 CFR 49.9960(k) Rule for air pollution episodes. In addition, the agreement delegates to the Tribe authority to investigate complaints and assist the EPA in inspections. The agreement also includes terms and conditions applicable to the delegation. A copy of the agreement is kept at EPA Region 10 at the address above. Prior to entering into the Delegation Agreement, the EPA solicited by letter, advice and insight on the proposed delegation from Okanogan County, Ferry County, City of Okanogan, Town of Nespelem, Town of Coulee Dam, Electric City, City of Omak, Lake Roosevelt National Recreation Area, Bureau of Land Management, and the United States Forest Service. One comment supporting delegation was received. Section 553 of the Administrative Procedure Act, 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that there is good cause for making today's rule final without prior proposal and opportunity for comment because the EPA is merely informing the public of partial delegation of administrative authority to the Confederated Tribes of the Colville Reservation and making a technical amendment to the Code of Federal Regulations (CFR) by adding a note announcing the partial delegation. Thus, notice and public procedure are unnecessary. The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(B). Moreover, since today's action does not create any new regulatory requirements, the EPA finds that good cause exists to provide for an immediate effective date pursuant to 5 U.S.C. 553(d)(3). IV. Statutory and Executive Order Reviews Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), this action [[Page 12826]] is not a ``significant regulatory action'' and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action merely makes a technical amendment and gives notice of a partial delegation of administrative authority. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This rule 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). Executive Order 13175, entitled ``Consultation and Coordination with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), requires the EPA to develop an accountable process to ensure ``meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' ``Policies that have tribal implications'' is defined in the Executive Order to include regulations that have ``substantial direct effects on one or more Indian tribes, on the relationship between the Federal government and the Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes.'' Under section 5(b) of Executive Order 13175, the EPA may not issue a regulation that has tribal implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by tribal governments, or the EPA consults with tribal officials early in the process of developing the proposed regulation. Under section 5(c) of Executive Order 13175, the EPA may not issue a regulation that has tribal implications and that preempts tribal law, unless the Agency consults with tribal officials early in the process of developing the regulation. The EPA has concluded that this rule may have tribal implications. The EPA's action fulfills a requirement to publish a notice announcing partial delegation of administrative authority to the Confederated Tribes of the Colville Reservation and noting the partial delegation in the CFR. However, it will neither impose substantial direct compliance costs on tribal governments, nor preempt tribal law. Thus, the requirements of sections 5(b) and 5(c) of the Executive Order do not apply to this rule. This action also does not have Federalism implications because it does not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This technical amendment merely notes that partial delegation of administrative authority to the Confederated Tribes of the Colville Reservation is in effect. This rule also is not subject to Executive Order 13045, ``Protection of Children from Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), because it is not economically significant. This action does not involve technical standards; thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). 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. The 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by May 10, 2016. 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 49 Environmental protection, Administrative practice and procedure, Air pollution control, Indians, Intergovernmental relations, Reporting and recordkeeping requirements. Dated: February 29, 2016. Dennis J. McLerran, Regional Administrator, Region 10. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 49--INDIAN COUNTRY; AIR QUALITY PLANNING AND MANAGEMENT 0 1. The authority citation for part 49 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart M--Implementation Plans for Tribes--Region X 0 2. Section 49.9960 is amended by adding a note to the end of the section to read as follows: Sec. 49.9960 Federally-promulgated regulations and Federal implementation plans. * * * * * Note to Sec. 49.9960: The EPA entered into a Partial Delegation of Administrative Authority with the Confederated Tribes of the Colville Reservation on October 26, 2015 for the rules listed in paragraphs (b), (i), and (k) of this section. [FR Doc. 2016-05556 Filed 3-10-16; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations 12825
operating schedule immediately at the WA 99155 or via email at Kris.Ray@ III. EPA Response to the Request for
end of the effective period of this colvilletribes.com. Delegation
temporary deviation. This deviation All documents in the electronic The EPA and the Confederated Tribes
from the operating regulations is docket are listed in the http:// of the Colville Reservation signed a
authorized under 33 CFR 117.35. www.regulations.gov index. Although delegation agreement that specifies the
Dated: March 8, 2016. listed in the index, some information is provisions and authorities delegated.
Hal R. Pitts,
not publicly available, i.e., CBI or other The Confederated Tribes of the Colville
information the disclosure of which is Reservation are delegated the following
Bridge Program Manager, Fifth Coast Guard
District.
restricted by statute. Certain other provisions; 40 CFR 49.9960(b) Rule for
material, such as copyrighted material, limiting visible emissions, 40 CFR
[FR Doc. 2016–05540 Filed 3–10–16; 8:45 am]
is not placed on the Internet and will be 49.9960(i) General rule for open
BILLING CODE 9110–04–P
publicly available only in hard copy burning, and 40 CFR 49.9960(k) Rule for
form. Publicly available docket air pollution episodes. In addition, the
materials are available either agreement delegates to the Tribe
ENVIRONMENTAL PROTECTION electronically in http:// authority to investigate complaints and
AGENCY www.regulations.gov or in hard copy assist the EPA in inspections. The
during normal business hours at the agreement also includes terms and
40 CFR Part 49 Office of Air, Waste and Toxics, EPA conditions applicable to the delegation.
[EPA–R10–OAR–2015–0847; FRL–9943–54– Region 10, 1200 Sixth Avenue, Seattle, A copy of the agreement is kept at EPA
Region 10] WA 98101. Region 10 at the address above.
FOR FURTHER INFORMATION CONTACT: Prior to entering into the Delegation
Announcement of the Delegation of Andra Bosneag at (206) 553–1226, Agreement, the EPA solicited by letter,
Partial Administrative Authority for bosneag.andra@epa.gov, or the EPA advice and insight on the proposed
Implementation of Federal Region 10 address. delegation from Okanogan County,
Implementation Plan for the SUPPLEMENTARY INFORMATION: The Ferry County, City of Okanogan, Town
Confederated Tribes of the Colville purpose of this action is to announce of Nespelem, Town of Coulee Dam,
Reservation that on October 26, 2015, EPA Region Electric City, City of Omak, Lake
AGENCY: Environmental Protection 10, delegated partial administrative Roosevelt National Recreation Area,
Agency (EPA). authority for implementation of certain Bureau of Land Management, and the
provisions of the Colville FIP to the United States Forest Service. One
ACTION: Delegation of authority;
Confederated Tribes of the Colville comment supporting delegation was
technical amendment.
Reservation. See 40 CFR part 49, subpart received.
SUMMARY: This action announces that on M, sections 9951 through 9960, as Section 553 of the Administrative
October 26, 2015, EPA Region 10 and authorized by 40 CFR 49.122 of the Procedure Act, 5 U.S.C. 553(b)(B),
the Confederated Tribes of the Colville Federal Air Rules for Reservations provides that, when an agency for good
Reservation, entered into a Partial (FARR), 40 CFR part 49, subpart C. cause finds that notice and public
Delegation of Administrative Authority procedure are impracticable,
I. Authority To Delegate unnecessary or contrary to the public
agreement to carry out certain day-to-
day activities associated with Federal regulations at 40 CFR 49.122 interest, the agency may issue a rule
implementation of the Federal provide the EPA authority to delegate to without providing notice and an
Implementation Plan for the Colville Indian Tribes partial administrative opportunity for public comment. The
Reservation (Colville FIP). A note of this authority to implement provisions of the EPA has determined that there is good
partial delegation is being added to the FARR, 40 CFR part 49, subpart C. Tribes cause for making today’s rule final
Colville FIP in the Code of Federal must submit a request to the Regional without prior proposal and opportunity
Regulations. Administrator that meets the for comment because the EPA is merely
requirements of 40 CFR 49.122. informing the public of partial
DATES: This rule is effective March 11, delegation of administrative authority to
2016. II. Request for Delegation
the Confederated Tribes of the Colville
The partial delegation of On May 21, 2014, Chaitna Sinha of Reservation and making a technical
administrative authority was effective the Office of the Reservation Attorney of amendment to the Code of Federal
October 26, 2015. the Confederated Tribes of the Colville Regulations (CFR) by adding a note
ADDRESSES: The EPA has established a Reservation submitted to the Regional announcing the partial delegation. Thus,
docket for this action under Docket ID Administrator a request for delegation of notice and public procedure are
No. EPA–R10–OAR–2015–0847. The certain provision of the Colville FIP. unnecessary. The EPA finds that this
delegation agreement and other docket That request included all the constitutes good cause under 5 U.S.C.
materials are available electronically at information and demonstrations 553(b)(B).
the EPA’s electronic public docket and required by the FARR for delegation. A Moreover, since today’s action does
comment system, found at http:// copy of all documentation is on file at not create any new regulatory
www.regulations.gov or in hard copy the EPA Region 10, Seattle, Washington requirements, the EPA finds that good
from Andra Bosneag, Office of Air, office (see addresses above). cause exists to provide for an immediate
asabaliauskas on DSK3SPTVN1PROD with RULES
Waste and Toxics, AWT–150, EPA The Confederated Tribes of the effective date pursuant to 5 U.S.C.
Region 10, Suite 900, 1200 Sixth Colville Reservation requested 553(d)(3).
Avenue, Seattle, WA 98101, or via email delegation for the following provisions:
at bosneag.andra@epa.gov. Additional 40 CFR 49.9960(b) Rule for limiting IV. Statutory and Executive Order
information may also be obtained from visible emissions, 40 CFR 49.9960(i) Reviews
the Colville Tribe by contacting Kris General rule for open burning, and 40 Under Executive Orders 12866 (58 FR
Ray, Confederated Tribes of the Colville CFR 49.9960(k) Rule for air pollution 51735, October 4, 1993) and 13563 (76
Reservation, P.O. Box 150, Nespelem, episodes. FR 3821, January 21, 2011), this action
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![12826 Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations
is not a ‘‘significant regulatory action’’ requirements of sections 5(b) and 5(c) of List of Subjects in 40 CFR Part 49
and therefore is not subject to review by the Executive Order do not apply to this Environmental protection,
the Office of Management and Budget. rule. Administrative practice and procedure,
For this reason, this action is also not This action also does not have
Air pollution control, Indians,
subject to Executive Order 13211, Federalism implications because it does
Intergovernmental relations, Reporting
‘‘Actions Concerning Regulations That not have substantial direct effects on the
and recordkeeping requirements.
Significantly Affect Energy Supply, states, on the relationship between the
Distribution, or Use’’ (66 FR 28355, May national government and the states, or Dated: February 29, 2016.
22, 2001). This action merely makes a on the distribution of power and Dennis J. McLerran,
technical amendment and gives notice responsibilities among the various Regional Administrator, Region 10.
of a partial delegation of administrative levels of government, as specified in Chapter I, title 40 of the Code of
authority. Accordingly, the Executive Order 13132 (64 FR 43255, Federal Regulations is amended as
Administrator certifies that this rule August 10, 1999). This technical follows:
will not have a significant economic amendment merely notes that partial
impact on a substantial number of small delegation of administrative authority to PART 49—INDIAN COUNTRY; AIR
entities under the Regulatory Flexibility the Confederated Tribes of the Colville QUALITY PLANNING AND
Act (5 U.S.C. 601 et seq.). This rule does Reservation is in effect. This rule also is MANAGEMENT
not contain any unfunded mandate or not subject to Executive Order 13045,
‘‘Protection of Children from ■ 1. The authority citation for part 49
significantly or uniquely affect small
Environmental Health Risks and Safety continues to read as follows:
governments, as described in the
Unfunded Mandates Reform Act of 1995 Risks’’ (62 FR 19885, April 23, 1997), Authority: 42 U.S.C. 7401 et seq.
(Pub. L. 104–4). because it is not economically
significant. Subpart M—Implementation Plans for
Executive Order 13175, entitled This action does not involve technical Tribes—Region X
‘‘Consultation and Coordination with standards; thus, the requirements of
Indian Tribal Governments’’ (65 FR section 12(d) of the National ■ 2. Section 49.9960 is amended by
67249, November 6, 2000), requires the Technology Transfer and Advancement adding a note to the end of the section
EPA to develop an accountable process Act of 1995 (15 U.S.C. 272 note) do not to read as follows:
to ensure ‘‘meaningful and timely input apply. This rule does not impose an
by tribal officials in the development of § 49.9960 Federally-promulgated
information collection burden under the regulations and Federal implementation
regulatory policies that have tribal provisions of the Paperwork Reduction plans.
implications.’’ ‘‘Policies that have tribal Act of 1995 (44 U.S.C. 3501 et seq.).
implications’’ is defined in the * * * * *
The Congressional Review Act, 5
Executive Order to include regulations U.S.C. 801 et seq., as added by the Small Note to § 49.9960: The EPA entered into a
that have ‘‘substantial direct effects on Business Regulatory Enforcement Partial Delegation of Administrative
one or more Indian tribes, on the Fairness Act of 1996, generally provides Authority with the Confederated Tribes of
relationship between the Federal the Colville Reservation on October 26, 2015
that before a rule may take effect, the
government and the Indian tribes, or on for the rules listed in paragraphs (b), (i), and
agency promulgating the rule must (k) of this section.
the distribution of power and submit a rule report, which includes a
responsibilities between the Federal copy of the rule, to each House of the [FR Doc. 2016–05556 Filed 3–10–16; 8:45 am]
government and Indian tribes.’’ Under Congress and to the Comptroller General BILLING CODE 6560–50–P
section 5(b) of Executive Order 13175, of the United States. The EPA will
the EPA may not issue a regulation that submit a report containing this rule and
has tribal implications, that imposes other required information to the U.S. DEPARTMENT OF COMMERCE
substantial direct compliance costs, and Senate, the U.S. House of
that is not required by statute, unless Representatives, and the Comptroller National Oceanic and Atmospheric
the Federal government provides the General of the United States prior to Administration
funds necessary to pay the direct publication of the rule in the Federal
compliance costs incurred by tribal Register. A major rule cannot take effect 50 CFR Part 622
governments, or the EPA consults with until 60 days after it is published in the [Docket No. 101206604–1758–02]
tribal officials early in the process of Federal Register. This action is not a
developing the proposed regulation. ‘‘major rule’’ as defined by 5 U.S.C. RIN 0648–XE406
Under section 5(c) of Executive Order 804(2).
13175, the EPA may not issue a Under section 307(b)(1) of the Clean Fisheries of the Caribbean, Gulf of
regulation that has tribal implications Air Act, petitions for judicial review of Mexico, and South Atlantic; Coastal
and that preempts tribal law, unless the this action must be filed in the United Migratory Pelagic Resources of the
Agency consults with tribal officials States Court of Appeals for the Gulf of Mexico and South Atlantic;
early in the process of developing the appropriate circuit by May 10, 2016. 2016 Commercial Run-Around Gillnet
regulation. The EPA has concluded that Filing a petition for reconsideration by Closure
this rule may have tribal implications. the Administrator of this final rule does AGENCY: National Marine Fisheries
The EPA’s action fulfills a requirement not affect the finality of this rule for the Service (NMFS), National Oceanic and
asabaliauskas on DSK3SPTVN1PROD with RULES
to publish a notice announcing partial purposes of judicial review nor does it Atmospheric Administration (NOAA),
delegation of administrative authority to extend the time within which a petition Commerce.
the Confederated Tribes of the Colville for judicial review may be filed, and ACTION: Temporary rule; closure.
Reservation and noting the partial shall not postpone the effectiveness of
delegation in the CFR. However, it will such rule or action. This action may not SUMMARY: NMFS implements an
neither impose substantial direct be challenged later in proceedings to accountability measure (AM) through
compliance costs on tribal governments, enforce its requirements. (See section this temporary rule for commercial
nor preempt tribal law. Thus, the 307(b)(2)) harvest of king mackerel in the Florida
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Document Created: 2016-03-11 01:50:47
Document Modified: 2016-03-11 01:50:47
| 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 | Delegation of authority; technical amendment. | |
| Dates | This rule is effective March 11, 2016. | |
| Contact | Andra Bosneag at (206) 553-1226, | |
| FR Citation | 81 FR 12825 | |
| CFR Associated | Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Indians; Intergovernmental Relations and Reporting and Recordkeeping Requirements |
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