Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 11963 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) 

(15 U.S.C. 272 note) directs agencies to 

use voluntary consensus standards in 

their regulatory activities unless the 

agency provides Congress, through the 

Office of Management and Budget, with 

an explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR part 165, applicable to 

safety zones on the navigable 

waterways. This zone will allow for 

maintenance dredging and debris 

disposal where no new depths are 

required, applicable permits have been 

secured, and disposal will be at an 

existing approved disposal site. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T05–0127, to 

read as follows 

§ 165.T05–0127 Safety Zone; Delaware 

River, Marcus Hook, PA 

(a) Location. The boundary line for 

the temporary safety zone starts at 

position 39 48′44.51′′ N, 75 24′38.76′′ W 

then East to position 39 48′29.33′′ N, 75 

24′27.88′′ W, then South to 39 48′16.74′′ 

N, 75 24′54.20′′ W, then West to the 

shoreline in the vicinity of Sunoco 

Marcus Hook, in Marcus Hook, PA. All 

coordinates reference Datum, NAD 

1983. 

(b) Effective period. This rule is 

effective from 8 a.m. on March 3, 2011 

through 10 p.m. on March 14, 2011. 

(c) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(1) No person may enter a safety zone 

unless authorized by the COTP or the 

District Commander, 

(2) No person may bring or cause to 

be brought into a safety zone any 

vehicle, vessel, or object unless 

authorized by the COTP or District 

Commander, 

(3) No person may remain in a safety 

zone or allow any vehicle, vessel, or 

object to remain in a safety zone unless 

authorized by the COTP or the District 

Commander, 

(4) Each person in a safety zone who 

has notice of a lawful order or direction 

shall obey the order or direction of the 

COTP or District Commander issued to 

carry out the purposes of this subpart. 

(d) Definitions. The Captain of the 

Port means the Commanding Officer of 

Sector Delaware Bay or any Coast Guard 

commissioned warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on her behalf. 

Dated: February 28, 2011. 

Meredith L. Austin, 

Captain, U.S. Coast Guard, Captain of the 

Port Delaware Bay. 

[FR Doc. 2011–4973 Filed 3–3–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2009–0517; FRL–9275–7] 

Updating Cross-References for the 

Oklahoma State Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: In this rule, EPA is making a 

minor correction to the final rule titled, 

‘‘Limitation of Approval of Prevention of 

Significant Deterioration Provisions 

Concerning Greenhouse Gas EmittingSources in State Implementation Plans’’ 

to correct the regulatory text related to 

Oklahoma’s State Implementation Plan 

(SIP). Region 6 approved revisions to 

the Oklahoma SIP that recodified the 

regulations. This approved 

recodification took effect on December 

27, 2010. This rule updates crossreferences in the regulatory text in light 

of this recodification. 

DATES: Effective Date: These correcting 

amendments are effective on March 4, 

2011. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2009–0517. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 


jdjones on DSK8KYBLC1PROD with RULES2
11964 Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 

number for the EPA Docket Center is 

(202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

Michael S. Brooks, U.S. EPA, Office of 

Air Quality Planning and Standards, Air 

Quality Policy Division, C504–05, 

Research Triangle Park, NC 27711; 

telephone number (919) 541–3539, email address: brooks.michaels@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 30, 2010, EPA 

published a final rule titled, ‘‘Limitation 

of Approval of Prevention of Significant 

Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in 

State Implementation Plans’’ (SIP 

Narrowing Rule) (75 FR 82536). This 

rule was signed on December 23, 2010. 

This final rule narrowed EPA’s previous 

approval of SIP Prevention of 

Significant Deterioration (PSD) 

programs in 24 states that apply to GHGemitting sources. Specifically, in that 

rule EPA withdrew its previous 

approval of those programs to the extent 

they applied PSD to GHG-emitting 

sources below the thresholds in the final 

Tailoring Rule, which EPA promulgated 

by Federal Register notice dated June 3, 

2010. 

For a detailed description of the rule 

titled, ‘‘Limitation of Approval of 

Prevention of Significant Deterioration 

Provisions Concerning Greenhouse Gas 

Emitting-Sources in State 

Implementation Plans,’’ please see the 

rulemaking action which is available in 

the Federal Register at (75 FR 82536). 

II. Why are the corrections needed? 

In the SIP Narrowing Rule, EPA 

amended its approval of Oklahoma’s SIP 

in 40 CFR 52.1929 by adding provision 

40 CFR 52.1929(c), in which it crossreferenced specific provisions of 

Oklahoma’s approved state PSD 

program. 

Separately, EPA Region 6 approved 

revisions to the Oklahoma SIP that 

recodified the regulations, including the 

provisions that were cross-referenced by 

the aforementioned SIP Narrowing Rule. 

This approved recodification took effect 

on December 27, 2010, in between the 

dates the SIP Narrowing Rule was 

signed and published. As a result, the 

regulatory text within the SIP 

Narrowing Rule related to the Oklahoma 

SIP is no longer accurate as the SIP 

provisions listed in the SIP Narrowing 

Rule no longer cross-reference to the 

portions of the state PSD program. 

Therefore, EPA is correcting this error. 

III. What is the rulemaking procedure? 

The EPA is issuing this final rule 

without prior proposal or the 

opportunity for public comment 

because EPA finds that it is unnecessary 

and not in the public interest to provide 

such notice and opportunity for 

comment. Section 553 of the 

Administrative Procedure Act (APA), 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 public 

interest, the Agency may issue a rule 

without providing notice and an 

opportunity to comment. Section 

307(d)(1) of the Clean Air Act (CAA), 

among other things, further provides 

that CAA subsection 307(d) does not 

apply when EPA has made a good cause 

finding pursuant to subparagraph (B) of 

APA subsection 553(b). (See 42 U.S.C. 

7607(d)(1).) In this rule, EPA finds that 

it is unnecessary and would serve no 

useful purpose for EPA to provide an 

opportunity for public comment 

because the changes merely correct 

minor, inadvertent, and nonsubstantive 

errors. As explained above, the 

correction to 40 CFR 52.1929(c)(4)(iii) 

corrects minor, inadvertent errors in the 

regulatory text. For these reasons, EPA 

finds pursuant to APA section 553 that 

good cause exists to promulgate this 

final rule without publishing notice of 

a proposed rule or providing an 

opportunity for public comment. 

Section 553(d)(3) also allows an 

agency, upon a finding of good cause, to 

make a rule effective immediately. 

Because this action corrects minor, 

inadvertent errors and helps to clarify 

requirements in the underlying rules, 

EPA finds good cause exists to make 

these corrections effective immediately. 

IV. Statutory and Executive Order 

Reviews 

This action only corrects minor, 

inadvertent and nonsubstantive errors. 

For that reason, this rule: Is not subject 

to review by the Office of Management 

and Budget under Executive Order 

12866 Regulatory Planning and Review 

(58 FR 51735, October 4, 1993); is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2); and does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Because EPA found that for this action 

it is unnecessary to issue a proposed 

rule and invite public comment, this 

action is also 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 of 1995 

(UMRA) (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 the UMRA. 

The corrections do not have 

substantial direct effects on the States, 

or 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, Federalism (64 

FR 43255; August 10, 1999). 

This action also does not significantly 

or uniquely affect the communities of 

Tribal governments, as specified in 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). The corrections also are not 

subject to Executive Order 13045, 

Protection of Children from 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997) because 

this action is not economically 

significant. 

The corrections are not subject to 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not a 

significant regulatory action under 

Executive Order 12866. 

The corrections do not involve 

changes to technical standards related to 

test methods or monitoring methods; 

thus, the requirements of section 12(d) 

of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. 

The corrections also do not involve 

special consideration of environmental 

justice-related issues as required by 

Executive Order 12898, Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

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 final action and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the U.S. prior to publication 

of this action in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). The final 

rule will be effective on March 4, 2011. 

The EPA’s compliance with the above 

statutes and Executive Orders for the 


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Federal Register / Vol. 76, No. 43 / Friday, March 4, 2011 / Rules and Regulations 11965 

underlying rules is discussed in section 

VII of the rule titled, ‘‘Limitation of 

Approval of Prevention of Significant 

Deterioration Provisions Concerning 

Greenhouse Gas Emitting-Sources in 

State Implementation Plans’’ at 75 FR 

82549. 

List of Subjects in 40 CFR Part 52 

Administrative practice and 

procedure, Air pollution control, Carbon 

dioxide, Carbon dioxide equivalents, 

Environmental protection, Greenhouse 

gases, Hydrofluorocarbons, 

Intergovernmental relations, 

Incorporation by reference, Methane, 

Nitrous oxide, Perfluorocarbons, 

Reporting and recordkeeping 

requirements, Sulfur hexafluoride. 

Dated: February 24, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as set 

forth below. 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

Subpart LL—Oklahoma 

■ 2. Section 52.1929 is amended by 

revising paragraph (c)(4)(iii) to read as 

follows: 

§ 52.1929 Significant deterioration of air 

quality. 

* * * * * 

(c) * * * 

(4) * * * 

(iii) The term emissions increase shall 

mean that both a significant emissions 

increase (as calculated using the EPAapproved procedures in Oklahoma Air 

Pollution Control Regulation Title 252, 

Chapter 100, Subchapter 8, Part 7) and 

a significant net emissions increase (as 

defined in the EPA-approved Oklahoma 

Air Pollution Control Regulation 

252:100–8–31, definitions for ‘‘net 

emissions increase’’ and ‘‘significant’’ 

occur. For the pollutant GHGs, an 

emissions increase shall be based on tpy 

CO2e, and shall be calculated assuming 

the pollutant GHGs is a regulated NSR 

pollutant, and ‘‘significant’’ is defined as 

75,000 tpy CO2e instead of applying the 

value in 252:100–8–31 of the EPAapproved definition for ‘‘significant’’ of 

Oklahoma’s Air Pollution Control 

Regulations. 

[FR Doc. 2011–4907 Filed 3–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0021; FRL–8865–3] 

Peroxyacetic Acid; Amendment to an 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

existing tolerance exemption for 

peroxyacetic acid by establishing an 

exemption from the requirement of a 

tolerance for residues of the biochemical 

pesticide peroxyacetic acid (PAA) and 

its metabolites and degradates, 

including hydrogen peroxide (HP) and 

acetic acid (AA), in or on all food 

commodities, when PAA is used as a 

biochemical pesticide in accordance 

with good agricultural practices. BioSafe 

Systems, LLC submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting that 

EPA amend the existing PAA tolerance 

exemption. This regulation eliminates 

the need to establish a maximum 

permissible level for residues of PAA 

under the FFDCA. 

DATES: This regulation is effective 

March 4, 2011. Objections and requests 

for hearings must be received on or 

before May 3, 2011, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0021. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) 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 in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The Docket 

Facility is open from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl Greene, Biopesticides and 

Pollution Prevention Division (7511P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0352; e-mail address: 

greene.cheryl@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http:// 

www.gpoaccess.gov/ecfr. To access the 

harmonized test guidelines referenced 

in this document electronically, please 

go to http://www.epa.gov/ocspp and 

select ‘‘Test Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2008–0021 in the subject line on 


jdjones on DSK8KYBLC1PROD with RULES2