Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21537 

SUPPLEMENT NO. 1 TO PART 126*—Continued 

USML Category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

4. Each explosive submunition is equipped with an electronic self-destruction mechanism; and 

5. Each explosive submunition is equipped with an electronic self-deactivating feature. 

Pursuant to U.S. law (Pub. L. 111–117, section 7055(b)), no military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless: 

(a) The submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of 

intended operational environments; and 

(b) The agreement applicable to the assistance, transfer or sale of such cluster munitions or cluster munitions technology specifies that the 

cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or 

in areas normally inhabited by civilians. 

Note 17: The radar systems described are controlled in USML Category XI(a)(3)(i) through (v). As used in this entry, the term ‘‘systems’’ includes equipment, devices, software, assemblies, modules, components, practices, processes, methods, approaches, schema, frameworks, 

and models. 

* An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded 

in any one row is excluded regardless of whether other rows may contain a description that would include the item. 

Dated: April 5, 2013. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–08506 Filed 4–10–13; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2013–0183] 

Drawbridge Operation Regulations; 

Upper Mississippi River, Rock Island, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Rock Island 

Railroad and Highway Drawbridge 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois. The 

deviation is necessary to allow the Front 

Street 5K Run to cross the bridge. This 

deviation allows the bridge to be 

maintained in the closed-to-navigation 

position for one hour. 

DATES: This deviation is effective from 

7 p.m. to 8 p.m. on June 15, 2013. 

ADDRESSES: The docket for this 

deviation, [USCG–2013–0183] is 

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

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140 on the 

ground floor of the Department of 

Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Eric A. 

Washburn, Bridge Administrator, 

Western Rivers, Coast Guard; telephone 

314–269–2378, email 

Eric.Washburn@uscg.mil. If you have 

questions on viewing the docket, call 

Barbara Hairston, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The U.S. 

Army Rock Island Arsenal requested a 

temporary deviation for the Rock Island 

Railroad and Highway Drawbridge, 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois to remain 

in the closed-to-navigation position for 

a one hour period from 7 p.m. to 8 p.m., 

June 15, 2013, while a 5K run is held 

between the cities of Davenport, IA and 

Rock Island, IL. The Rock Island 

Railroad and Highway Drawbridge 

currently operates in accordance with 

33 CFR 117.5, which states the general 

requirement that drawbridges shall open 

promptly and fully for the passage of 

vessels when a request to open is given 

in accordance with the subpart. 

There are no alternate routes for 

vessels transiting this section of the 

Upper Mississippi River. 

The Rock Island Railroad and 

Highway Drawbridge, in the closed-tonavigation position, provides a vertical 

clearance of 23.8 feet above normal 

pool. Navigation on the waterway 

consists primarily of commercial tows 

and recreational watercraft. This 

temporary deviation has been 

coordinated with waterway users. No 

objections were received. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: March 21, 2013. 

Eric A. Washburn, 

Bridge Administrator, Western Rivers. 

[FR Doc. 2013–08404 Filed 4–10–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0103; FRL–9794–4] 

Revisions to the California State 

Implementation Plan, Santa Barbara 

and San Diego County Air Pollution 

Control Districts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Santa 

Barbara County Air Pollution Control 

District (SBCAPCD) and San Diego 

County Air Pollution Control District 

(SDCAPCD) portions of the California 

State Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

surface coating of aerospace vehicles 

and components and from wood 

products coating operations. We are 

approving local rules that regulate these 

emission sources under the Clean Air 

Act as amended in 1990 (CAA or the 

Act). 

DATES: This rule is effective on June 10, 

2013 without further notice, unless EPA 

receives adverse comments by May 13, 

2013. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 


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21538 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0103, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

2. Email: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Adrianne Borgia, EPA Region IX, (415) 

972–3576, borgia.adrianne@epa.gov. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Revised Submitted 

SBCAPCD ........ 337 Surface Coating of Aerospace Vehicles and Components .................. 6/21/12 09/21/12 

Local agency Rule No. Rule title Adopted and 

effective Submitted 

SDCAPCD ........ 67.11 Wood Products Coating Operations ..................................................... 6/27/12, 6/27/13 9/21/12 

B. Are there other versions of these 

rules? 

We approved an earlier version of 

SBCAPCD Rule 337 into the SIP on 

February 12, 1997 (61 FR 5288). There 

are no approved earlier versions of 

SDCAPCD Rule 67.11. 

C. What is the purpose of the submitted 

rules? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions by limiting VOC content in 

coatings and solvents. EPA’s technical 

support documents (TSDs) have more 

information about these rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), and must not relax existing 

requirements (see sections 110(1) and 

193). In addition, SIP rules must 

implement Reasonably Available 

Control Measures (RACM), including 

Reasonably Available Control 

Technology (RACT), in moderate and 

above ozone nonattainment areas. 

Guidance and policy documents that we 

use to evaluate enforceability and RACT 

requirements consistently include the 

following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and Deviations’’ 

EPA, May 25, 1988 (the Bluebook), 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies’’ EPA, Region 9, August 21, 

2001 (the Little Bluebook), 

3. ‘‘Control Techniques Guidelines for 

Control of Volatile Organic Compound 

Emissions from Coating Operations at 

Aerospace Manufacturing and Rework 

Operations’’ EPA, December 1977(EPA– 

453/R–97–004), 

4. ‘‘Control Techniques Guidelines for 

Control of Volatile Organic Emissions 

from Solvent Metal Cleaning’’ EPA, 

November 1977 (EPA–450/2–77–022), 

5. ‘‘Control Techniques Guidelines for 

Control of Volatile Organic Compound 

Emissions from Wood Furniture 

Manufacturing Operations,’’ EPA, April 

1996 (EPA–453/R–96–007), and 

6. ‘‘Control Techniques Guidelines for 

Control of Volatile Organic Compound 

Emissions from Industrial Cleaning 

Solvents,’’ EPA, September 2006 (EPA– 

453/R–06–001) 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT and SIP 

relaxations. The TSDs have more 

information on our evaluation. 

C. EPA Recommendations To Further 

Improve the Rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules. 


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Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21539 

D. Public Comment and Final Action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by May 13, 2013, we will 

publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on June 10, 2013. 

This will incorporate these rules into 

the federally enforceable SIP. 

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. 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

State choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves State law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by State law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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. 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 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 June 10, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: March 13, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(214)(i)(C)(3) and 

(c)(307)(i)(C)(3) to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(214) * * * 

(i) * * * 

(C) * * * 

(3) Rule 337, ‘‘Surface Coating of 

Aerospace Vehicles and Components,’’ 

revised on June 21, 2012. 

* * * * * 

(307) * * * 

(i) * * * 

(C) * * * 

(3) Rule 67.11, ‘‘Wood Products 

Coating Operations,’’ adopted on June 

27, 2012 and effective on June 27, 2013. 

* * * * * 

[FR Doc. 2013–08259 Filed 4–10–13; 8:45 am] 

BILLING CODE 6560–50–P 


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