81 FR 78722 - Approval and Promulgation of Implementation Plans: Texas; Approval of Substitution for Transportation Control Measures
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 217 (November 9, 2016)
Federal Register Volume 81, Issue 217 (November 9, 2016)
| Page Range | 78722-78724 | |
| FR Document | 2016-27057 |
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)] [Rules and Regulations] [Pages 78722-78724] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27057] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2016-0329; FRL-9954-36-Region 6] Approval and Promulgation of Implementation Plans: Texas; Approval of Substitution for Transportation Control Measures AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule; notice of administrative change. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) is making an administrative change to update the Code of Federal Regulations (CFR) to reflect a change made to the Texas State Implementation Plan (SIP) on May 31, 2016, as a result of EPA's concurrence on a substitute transportation control measure (TCM) for the Dallas/Ft. Worth (DFW) portion of the Texas SIP. On August 16, 2016, the State of Texas, through the Texas Commission on Environmental Quality (TCEQ), submitted a revision to the Texas SIP requesting that EPA update its SIP to reflect a substitution of a TCM. The substitution was made pursuant to the TCM substitution provisions contained in the Clean Air Act (CAA). EPA concurred on this substitution on May 31, 2016. In this administrative action, EPA is updating the non-regulatory provisions of the Texas SIP to reflect the substitution. In summary, the substitution was a replacement of a High-Occupancy Vehicle (HOV) Lane TCM within the DFW 8-hour ozone nonattainment area with traffic signalization projects. EPA has determined that this action falls under the ``good cause'' exemption in the Administrative Procedures Act (APA) which, upon finding ``good cause,'' authorizes an agency to make an action effective immediately, thereby avoiding the 30-day delayed effective date otherwise provided for in the APA. DATES: This action is effective November 9, 2016. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2016-0329. 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 the EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733. FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, 214-665-8542, [email protected]. SUPPLEMENTARY INFORMATION: On May 31, 2016, EPA issued a concurrence letter to TCEQ stating that the substitution of the DFW area US67/IH- 35E HOV Lane TCM with traffic signalization project TCMs met the CAA section 176(c)(8) requirements for substituting TCMs in an area's approved SIP. See also EPA's Guidance for Implementing the CAA section 176(c)(8) Transportation Control Measure Substitution and Addition Provision contained in the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users which was signed into law on August 10, 2005, dated January 2009. The DFW area US67/IH-35E HOV Lane TCM was originally approved into the SIP on September 27, 2005 (70 FR 56374).\1\ The [[Page 78723]] TCM was also included for applicable NOX and VOC benefits in the May 2007 DFW 1997 8-hour Ozone Attainment Demonstration SIP Revision, which was conditionally approved by EPA on January 14, 2009 (74 FR 1903). --------------------------------------------------------------------------- \1\ EPA's May 31, 2016 concurrence letter to TCEQ provided an incorrect SIP citation for EPA approval of the US67/IH-35E HOV Lane TCM. September 27, 2005 (70 FR 56374) is the correct SIP citation. --------------------------------------------------------------------------- As a part of the concurrence process, the public was provided an opportunity to comment on the proposed TCM substitution. Public notice and comment was provided by the DFW metropolitan planning organization, the North Central Texas Council of Governments (NCTCOG), during a Regional Transportation Council meeting held on May 12, 2016. Public notice for this meeting was published in 20 DFW area newspapers and circulars. Through this concurrence process, EPA determined that the requirements of CAA section 176(c)(8) were met, including the requirement that the substitute measures achieve equivalent or greater emission reductions than the control measure to be replaced. Upon EPA's concurrence, the HOV Lane substitution took effect as a matter of federal law. A copy of EPA's concurrence letter is included in the Docket for this action. This letter can be accessed at www.regulations.gov using Docket ID No. EPA-R06-OAR-2014-0871. In accordance with the requirements for TCM substitution, on August 16, 2016, TCEQ submitted a request for EPA to update the DFW portion of the Texas SIP to reflect EPA's previous approval of the TCM substitution of the HOV Lane with the traffic signalization project TCMs in its SIP (the subject of this administrative change). Today, EPA is taking administrative action to update the non-regulatory provisions of the Texas SIP in 40 CFR 52.2270(e) to reflect EPA's concurrence on the substitution of a TCM for the conversion of the US67/IH-35E HOV Lane to traffic signalization projects: ------------------------------------------------------------------------ Applicable State submittal Name of nonregulatory SIP geographic or date/effective provision nonattainment area date ------------------------------------------------------------------------ DFW nine-county area US67/IH-35E Dallas-Fort Worth... 8/16/2016 HOV Lane TCM to traffic signalization TCMs. Affected counties are Dallas, Tarrant, Collin, Denton, Parker, Johnson, Ellis, Kaufman, Rockwall. ------------------------------------------------------------------------ Under section 553 of the APA, an agency may find good cause where procedures are ``impractical, unnecessary, or contrary to the public interest.'' The substitution was made through the process included in CAA section 176(c)(8). Effective immediately, today's action codifies provisions which are already in effect. The public had an opportunity to comment on this substitution during the public comment period prior to approval of the substitution. Immediate notice of this action in the Federal Register benefits the public by providing the updated Texas SIP Compilation and ``Identification of Plan'' portion of the Federal Register. Statutory and Executive Order Reviews A. General Requirements Under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011), this administrative action is not a ``significant regulatory action'' and is therefore not subject to review by the Office of Management and Budget. This action is not subject to Executive Order 13211, ``Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. Because the Agency has made a ``good cause'' finding that this action is not subject to notice-and-comment requirements under the APA or any other statute as indicated in the Supplementary Information section above, it is not subject to the regulatory flexibility provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), or to sections 202 and 205 of the Unfunded Mandates Reform Act (UMRA) of 1995 (Pub. L. 104-4). In addition, this action does not significantly or uniquely affect small governments or impose a significant intergovernmental mandate, as described in sections 203 and 204 of UMRA. This administrative action also does not have a substantial direct effect on one or more Indian tribes, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it 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 administrative action also is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is not economically significant. This administrative 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. The administrative action also does not involve special consideration of environmental justice related issues as required by Executive Order 12898 (59 FR 7629, February 16, 1994). This administrative action does not impose an information collection burden under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). B. Submission to Congress and the Comptroller General The Congressional Review Act (CRA) (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. Section 808 allows the issuing agency to make a rule effective sooner than otherwise provided by the CRA if the agency makes a good cause finding that notice and public procedure is impracticable, unnecessary or contrary to the public interest. Today's administrative action simply codifies a provision which is already in effect as a matter of law in Federal and approved state programs. 5 U.S.C. 808(2). These announced actions were effective upon EPA's concurrence. 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 this action in the Federal Register. This update to Texas' SIP Compilation is not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by [[Page 78724]] reference, Nitrogen dioxide, Ozone, Volatile organic compounds. Dated: October 27, 2016. Samuel Coleman, Acting Regional Administrator, Region 6. 40 CFR part 52 is amended as follows: PART 52--[APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS] 0 1. The authority for citation for part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart SS--Texas 0 2. In Sec. 52.2270(e), the table titled ``EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP'' is amended by adding an entry at the end of the table to read as follows: Sec. 52.2270 Identification of plan. * * * * * (e) * * * EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP -------------------------------------------------------------------------------------------------------------------------------------------------------- Applicable geographic State Name of SIP provision or nonattainment submittal/ EPA approval date Comments area effective date -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * * * DFW nine-county area US67/IH-35E Dallas-Fort Worth: 8/16/2016 11/9/2016 [Insert Federal Register ..................................... HOV Lane TCM to traffic Dallas, Tarrant, citation]. signalization TCMs. Collin, Denton, Parker, Johnson, Ellis, Kaufman and Rockwall Counties. -------------------------------------------------------------------------------------------------------------------------------------------------------- * * * * * [FR Doc. 2016-27057 Filed 11-8-16; 8:45 am] BILLING CODE 6560-50-P
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notice requirement set forth in p.m. on November 18, 2016. This action TCM substitution provisions contained
paragraph (b)(3)(i)(A) of this section. is being taken to provide for the safety in the Clean Air Act (CAA). EPA
(ii) Nothing in this paragraph (b) shall of life on navigable waterways during concurred on this substitution on May
require a covered financial institution to the marine event. Entry into the safety 31, 2016. In this administrative action,
report any information not otherwise zone is prohibited unless authorized by EPA is updating the non-regulatory
required to be reported by law or the COTP or a designated provisions of the Texas SIP to reflect the
regulation. representative. Persons or vessels substitution. In summary, the
Dated: November 4, 2016. desiring entrance into or passage substitution was a replacement of a
Jamal El-Hindi, through the safety zone must request High-Occupancy Vehicle (HOV) Lane
permission from the COTP or a TCM within the DFW 8-hour ozone
Acting Director, Financial Crimes
Enforcement Network. designated representative. If permission nonattainment area with traffic
is granted, all persons and vessels shall signalization projects. EPA has
[FR Doc. 2016–27049 Filed 11–8–16; 8:45 am]
comply with the instructions of the determined that this action falls under
BILLING CODE 4810–02–P
COTP or designated representative. the ‘‘good cause’’ exemption in the
Vessels may safely transit outside the Administrative Procedures Act (APA)
regulated area but may not anchor, which, upon finding ‘‘good cause,’’
DEPARTMENT OF HOMELAND block, loiter in, or impede the regulated authorizes an agency to make an action
SECURITY area. effective immediately, thereby avoiding
This notice of enforcement is issued the 30-day delayed effective date
Coast Guard
under authority of 33 CFR 165.801 and otherwise provided for in the APA.
5 U.S.C. 552(a). In addition to this DATES: This action is effective
33 CFR Part 165
notice in the Federal Register, the Coast November 9, 2016.
[Docket No. USCG–2016–0954] Guard will provide the maritime ADDRESSES: The EPA has established a
community with advance notification of docket for this action under Docket ID
Eighth Coast Guard District Annual this enforcement period via Local No. EPA–R06–OAR–2016–0329. All
Safety Zones; Duquesne Light/Santa Notice to Mariners and updates via documents in the docket are listed on
Spectacular; Monongahela River Mile Marine Information Broadcasts. the http://www.regulations.gov Web
0.00–0.22, Allegheny River Mile 0.00– site. Although listed in the index, some
0.25, Ohio River Mile 0.0–0.3; L. Mcclain, Jr.,
information is not publicly available,
Pittsburgh, Pennsylvania Commander, U.S. Coast Guard, Captain of e.g., Confidential Business Information
the Port Pittsburgh.
AGENCY: Coast Guard, DHS. or other information whose disclosure is
[FR Doc. 2016–27003 Filed 11–8–16; 8:45 am]
ACTION: Notice of enforcement of restricted by statute. Certain other
BILLING CODE 9110–04–P material, such as copyrighted material,
regulation.
is not placed on the Internet and will be
SUMMARY: The Coast Guard will enforce publicly available only in hard copy
a safety zone for the Duquesne Light/ ENVIRONMENTAL PROTECTION form. Publicly available docket
Santa Spectacular on the Monongahela AGENCY materials are available either
River mile 0.00–0.22, Allegheny River electronically through http://
mile 0.00–0.25, and Ohio River mile 40 CFR Part 52 www.regulations.gov or in hard copy at
0.0–0.3 extending the entire width of [EPA–R06–OAR–2016–0329; FRL–9954–36– the EPA Region 6, 1445 Ross Avenue,
the three rivers. This zone is needed to Region 6] Suite 700, Dallas, Texas 75202–2733.
protect vessels transiting the area and FOR FURTHER INFORMATION CONTACT:
event spectators from the hazards Approval and Promulgation of Jeffrey Riley, 214–665–8542,
associated with the barge based firework Implementation Plans: Texas; riley.jeffrey@epa.gov.
event. During the enforcement period, Approval of Substitution for SUPPLEMENTARY INFORMATION: On May
entry into, transiting, or anchoring in Transportation Control Measures 31, 2016, EPA issued a concurrence
the safety zone is prohibited to all letter to TCEQ stating that the
AGENCY: Environmental Protection
vessels not registered with the sponsor substitution of the DFW area US67/IH–
Agency (EPA).
as participants or official patrol vessels, 35E HOV Lane TCM with traffic
unless specifically authorized by the ACTION: Final rule; notice of
administrative change. signalization project TCMs met the CAA
Captain of the Port (COTP) Pittsburgh or section 176(c)(8) requirements for
a designated representative. SUMMARY: The Environmental Protection substituting TCMs in an area’s approved
DATES: The regulations in 33 CFR Agency (EPA) is making an SIP. See also EPA’s Guidance for
165.801 Table 1, Sector Ohio Valley, No. administrative change to update the Implementing the CAA section 176(c)(8)
66 will be enforced from 8 p.m. until Code of Federal Regulations (CFR) to Transportation Control Measure
9:15 p.m. on November 18, 2016. reflect a change made to the Texas State Substitution and Addition Provision
FOR FURTHER INFORMATION CONTACT: If Implementation Plan (SIP) on May 31, contained in the Safe, Accountable,
you have questions about this notice of 2016, as a result of EPA’s concurrence Flexible, Efficient Transportation Equity
enforcement, call or email MST1 on a substitute transportation control Act: A Legacy for Users which was
Jennifer Haggins, Marine Safety Unit measure (TCM) for the Dallas/Ft. Worth signed into law on August 10, 2005,
Pittsburgh, U.S. Coast Guard; telephone (DFW) portion of the Texas SIP. On dated January 2009. The DFW area
jstallworth on DSK7TPTVN1PROD with RULES
412–221–0807, email August 16, 2016, the State of Texas, US67/IH–35E HOV Lane TCM was
Jennifer.L.Haggins@uscg.mil. through the Texas Commission on originally approved into the SIP on
SUPPLEMENTARY INFORMATION: The Coast Environmental Quality (TCEQ), September 27, 2005 (70 FR 56374).1 The
Guard will enforce the Safety Zone for submitted a revision to the Texas SIP 1 EPA’s May 31, 2016 concurrence letter to TCEQ
the annual Pittsburgh Santa Spectacular requesting that EPA update its SIP to provided an incorrect SIP citation for EPA approval
listed in 33 CFR 165.801 Table 1, Sector reflect a substitution of a TCM. The of the US67/IH–35E HOV Lane TCM. September 27,
Ohio Valley, No. 66 from 8 p.m. to 9:15 substitution was made pursuant to the 2005 (70 FR 56374) is the correct SIP citation.
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reference, Nitrogen dioxide, Ozone, PART 52—[APPROVAL AND Provisions and Quasi-Regulatory
Volatile organic compounds. PROMULGATION OF Measures in the Texas SIP’’ is amended
Dated: October 27, 2016. IMPLEMENTATION PLANS] by adding an entry at the end of the
table to read as follows:
Samuel Coleman, ■ 1. The authority for citation for part 52
Acting Regional Administrator, Region 6. continues to read as follows: § 52.2270 Identification of plan.
40 CFR part 52 is amended as follows: Authority: 42 U.S.C. 7401 et seq. * * * * *
(e) * * *
Subpart SS—Texas
■ 2. In § 52.2270(e), the table titled
‘‘EPA Approved Nonregulatory
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP
State
Applicable geographic or submittal/
Name of SIP provision EPA approval date Comments
nonattainment area effective
date
* * * * * * *
DFW nine-county area US67/IH– Dallas-Fort Worth: Dallas, 8/16/2016 11/9/2016 [Insert Federal
35E HOV Lane TCM to traffic Tarrant, Collin, Denton, Parker, Register citation].
signalization TCMs. Johnson, Ellis, Kaufman and
Rockwall Counties.
* * * * * Petitions for reconsideration: Petitions rim and labeling requirements for motor
[FR Doc. 2016–27057 Filed 11–8–16; 8:45 am] for reconsideration of this final rule vehicles.
BILLING CODE 6560–50–P must be received by December 27, 2016. That final rule expanded the
ADDRESSES: Petitions for reconsideration applicability of FMVSS No. 110 to
of this final rule must refer to the docket include all motor vehicles with a gross
DEPARTMENT OF TRANSPORTATION number set forth above and be vehicle weight rating (GVWR) of 4,536
submitted to the Administrator, kg (10,000 pounds) or less, except for
National Highway Traffic Safety National Highway Traffic Safety motorcycles. Prior to the enactment of
Administration Administration, 1200 New Jersey Ave. the TREAD Act, FMVSS No. 110 only
SE., Washington, DC 20590. applied to passenger cars and to non-
49 CFR Part 571 FOR FURTHER INFORMATION CONTACT: For pneumatic spare tire assemblies for use
technical issues, you may contact on passenger cars. In an effort to
[Docket No. NHTSA–2016–0058] Patrick Hallan, Office of Crash coordinate the upgraded vehicle
Avoidance Standards, by telephone at standard, intended to apply to all
RIN 2127–AL24
(202) 366–9146, and by fax at (202) 493– vehicles with a GVWR of 4,536 kg
Federal Motor Vehicle Safety 2990. For legal issues, you may contact (10,000 pounds) or less, with the
Standards; Tire Selection and Rims David Jasinski, Office of the Chief standards used on tires for vehicles with
Counsel, by telephone at (202) 366– a GVWR of 4,536 kg (10,000 pounds) or
AGENCY: National Highway Traffic 2992, and by fax at (202) 366–3820. You less, the language in FMVSS No. 110
Safety Administration (NHTSA), may send mail to both of these officials was amended to require the use of tires
Department of Transportation. at the National Highway Traffic Safety meeting the new FMVSS No. 139, New
ACTION: Final rule. Administration, 1200 New Jersey pneumatic radial tires for light vehicles.
Avenue SE., Washington, DC 20590. The only exceptions provided in
SUMMARY: This document amends FMVSS No. 110 were for the use of
SUPPLEMENTARY INFORMATION:
Federal Motor Vehicle Safety Standard spare tire assemblies with pneumatic
(FMVSS) No. 110 to make it clear that I. Summary of the March 2013 Notice spare tires meeting the requirements of
special trailer (ST) tires are permitted to of Proposed Rulemaking FMVSS No. 109 or non-pneumatic spare
be installed on new trailers with a gross On June 26, 2003, the agency tire assemblies meeting the
vehicle weight rating (GVWR) of 4,536 published a final rule amending several requirements of FMVSS No. 129.
kg (10,000 lbs.) or less. It also excludes Federal Motor Vehicle Safety Standards With the expansion of FMVSS No.
these trailers from a requirement that a (FMVSSs) related to tires and rims.1 110 to include all motor vehicles with
tire must be retained on its rim when That rulemaking was completed as part a GVWR of 4,536 kg (10,000 pounds) or
subjected to a sudden loss of tire of a comprehensive upgrade of existing less, the performance tests and criteria
pressure and brought to a controlled safety standards and the establishment within the standard became applicable
stop from 97 km/h (60 mph). The of new safety standards to improve tire to all light vehicles, including light
jstallworth on DSK7TPTVN1PROD with RULES
agency proposed these changes and, safety, as required by the Transportation trucks, multipurpose passenger
after a review of the comments received, Recall Enhancement, Accountability, vehicles, buses, and trailers that had
has determined that these two revisions and Documentation Act of 2000 (TREAD previously been subject to the
are appropriate and will not result in Act). That final rule included extensive requirements of FMVSS No. 120.
any degradation of motor vehicle safety. revisions to the tire standards and to the However, FMVSS No. 110 specified a
DATES: This final rule is effective on minimum performance requirement for
November 9, 2016. 1 68 FR 38116. rim retention among its many
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Document Created: 2016-11-09 01:39:30
Document Modified: 2016-11-09 01:39:30
| 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; notice of administrative change. | |
| Dates | This action is effective November 9, 2016. | |
| Contact | Jeffrey Riley, 214-665-8542, [email protected] | |
| FR Citation | 81 FR 78722 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Nitrogen Dioxide; Ozone and Volatile Organic Compounds |
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