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15200 Federal Register/Vol. 81, No. 55/Tuesday, March 22, 2016/Proposed Rules
<br />(d) A project description, including
<br />the timeframe within which the project
<br />is to be started and completed;
<br />(e) The terms and conditions of the
<br />agreement, including any reporting
<br />requirements;
<br />(f) All obligations of the parties; and
<br />(g) The signatures of appropriate
<br />individuals authorized to bind the
<br />applicant and BOEM.
<br />§583.305 What is the effective date of an
<br />agreement?
<br />The agreement will become effective
<br />on the date when all parties to the
<br />agreement have signed it.
<br />§583.306 How will BOEM enforce the
<br />agreement?
<br />(a) Failure to comply with any
<br />applicable law or any provision, term,
<br />or condition of the agreement may result
<br />in the termination of the agreement and/
<br />or a referral to an appropriate Federal
<br />and/or State agency/agencies for
<br />enforcement. Termination of the
<br />agreement for noncompliance will be in
<br />the sole discretion of the Director.
<br />(b) The failure to comply in a timely
<br />and satisfactory manner with any
<br />provision, term or condition of the
<br />agreement may delay or prevent
<br />BOEM's approval of future requests for
<br />use of OCS sand, gravel and shell
<br />resources on the part of the parties to
<br />the agreement.
<br />§583.307 What is the term of the
<br />agreement?
<br />(a) An agreement will terminate upon
<br />the following, whichever occurs first:
<br />(1) The agreement expires by its own
<br />terms, unless the term is extended prior
<br />to expiration under§ 583.309;
<br />(2) The project is terminated, as set
<br />forth in § 583.310; or
<br />(3) A party to the agreement notifies
<br />BOEM, in writing, that sufficient OCS
<br />sand, gravel and shell resources, up to
<br />the amount authorized in the agreement,
<br />have been obtained to complete the
<br />project.
<br />(b) Absent extraordinary
<br />circumstances, no agreement will be for
<br />a term longer than 5 years from its
<br />effective date.
<br />§ 583.308 What debarment or suspension
<br />obligations apply to transactions and
<br />contracts related to a project?
<br />The parties to an agreement must
<br />ensure that all contracts and
<br />transactions related to an agreement
<br />issued under this part comply with 2
<br />CFR part 180 and 2 CFR part 1400.
<br />§ 583:309 What Is the process for
<br />modifying the•agreement?
<br />(a) Unless otherwise provided for in
<br />the agreement, the parties to the
<br />agreement may submit to BOEM a
<br />written request to extend, modify, or
<br />change an agreement. BOEM is under no
<br />obligation to extend an agreement and
<br />cannot be held liable for the
<br />consequences of the expiration of an
<br />agreement. With the exception of
<br />paragraph (b) of this section, any such
<br />requests must be made at least 180 days
<br />before the term of the agreement
<br />expires. BOEM will respond to the
<br />request for modification within 30 days
<br />of receipt and request any necessary
<br />information and evaluations to comply
<br />with 30 CFR 583.301. BOEM may
<br />approve the request, disapprove it, or
<br />approve it with modifications subject to
<br />the requirements of 30 CFR 583.301.
<br />(1) If BOEM approves a request to
<br />extend, modify or change an agreement,
<br />BOEM will draft an agreement
<br />modification for review by the parties to
<br />the agreement in the form of an
<br />amendment to the original agreement.
<br />The amendment will include:
<br />(i) The agreement number, as assigned
<br />by BOEM;
<br />(ii) The modification(s) agreed to;
<br />(iii) Any additional mitigation
<br />required; and
<br />(iv) The signatures of the parties to
<br />the agreement and BOEM.
<br />(2) If BOEM disapproves a request to
<br />extend, modify, or change an agreement,
<br />BOEM will inform the parties to the
<br />agreement of the reasons in writing.
<br />Parties to the agreement may ask the
<br />BOEM Director for reconsideration in
<br />accordance with 30 CFR 583.105.
<br />(b) By written request, for strictly
<br />minor modifications that do not change
<br />the substance of the project or the
<br />analyzed environmental effects of the
<br />project, including but not limited to, the
<br />change of a business address, the
<br />substitution of a different Federal, State
<br />or local government agency contact, or
<br />an extension of less than 30 days,
<br />parties to the agreement may
<br />memorialize the minor modification in
<br />a letter from BOEM to the parties
<br />indicating the request has been granted.
<br />§583.310 When can the agreement be
<br />terminated?
<br />(a) The Director will terminate any
<br />agreement issued under this part upon
<br />proof that it was obtained by fraud or
<br />misrepresentation, after notice and an
<br />opportunity to be heard has been
<br />afforded to the parties of the agreement.
<br />(b) The Director may immediately
<br />suspend and subsequently terminate
<br />any agreement issued under this part
<br />when:
<br />(1) There is noncompliance with the
<br />agreement, pursuant to 30 CFR
<br />583.306(a); or
<br />(2) It is necessary for reasons of
<br />national security or defense; or
<br />(3) The Director determines that:
<br />(i) Continued activity under the
<br />agreement would cause serious harm or
<br />damage to natural resources; life
<br />(including human and wildlife);
<br />property; the marine, coastal, or human
<br />environment; or sites, structures, or
<br />objects of historical or archaeological
<br />significance;
<br />(ii) The threat of harm or damage will
<br />not disappear or decrease to an
<br />acceptable extent within a reasonable
<br />period of time; and
<br />(iii) The advantages of termination
<br />outweigh the advantages of continuing
<br />the agreement.
<br />(c) The Director will immediately
<br />notify the parties to the agreement of the
<br />suspension or termination. The Director
<br />will also mail a letter to the parties to
<br />the agreement at their record post office
<br />address with notice of any suspension
<br />or termination and the cause for such
<br />action.
<br />(d) In the event that BOEM terminates
<br />an agreement under this section, none of
<br />the parties to the agreement will be
<br />entitled to compensation as a result of
<br />expenses or lost revenues that may
<br />result from the termination.
<br />IFR Doc. 2016-06163 Filed 3-21-16; 8:45 ami
<br />BILLING CODE 4310 -MR -P
<br />ENVIRONMENTAL PROTECTION
<br />AGENCY
<br />40 CFR Part 52
<br />[EPA-R09--OAR-2015-0793; FRL-9944-08-
<br />Region 9]
<br />Partial Approval and Partial
<br />Disapproval of Air Quality State
<br />Implementation Pians; Arizona;
<br />Infrastructure Requirements To
<br />Address Interstate Transport for the
<br />2008 Ozone NAAQS
<br />AGENCY: Environmental Protection
<br />Agency (EPA).
<br />ACnON: Proposed rule.
<br />SUMMARY: The Environmental Protection
<br />Agency (EPA) is proposing to partially
<br />approve and partially disapprove a State
<br />Implementation Plan (SIP) revision
<br />submitted by the Arizona Department of
<br />Environmental Quality on December 27,
<br />2012, and supplemented on December
<br />3, 2015, to address the interstate
<br />transport requirements of Clean Air Act
<br />(CAA or Act) section 110(a)(2)(D) with
<br />respect to the 2008 ozone (03) national
<br />ambient air quality standard (NAAQS).
<br />We are proposing to approve the portion
<br />of the Arizona SIP pertaining to
<br />significant contribution to
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