Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12859 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S. based enterprises to 

compete with foreign-based enterprises. 

This determination is based upon the 

fact that the State submittal which is the 

subject of this rule is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation was not considered a major 

rule. 

Unfunded Mandates 

This rule will not impose an 

unfunded Mandate on State, local, or 

tribal governments or the private sector 

of $100 million or more in any given 

year. This determination is based upon 

the fact that the State submittal, which 

is the subject of this rule, is based upon 

counterpart Federal regulations for 

which an analysis was prepared and a 

determination made that the Federal 

regulation did not impose an unfunded 

mandate. 

List of Subjects in 30 CFR Part 926 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: January 3, 2011. 

Allen D. Klein, 

Regional Director, Western Region. 

For the reasons set out in the 

preamble, 30 CFR part 926 is amended 

as set forth below: 

PART 926—MONTANA 

■ 1. The authority citation for part 926 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 926.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of Final 

Publication’’ to read as follows: 

§ 926.15 Approval of Montana regulatory 

program amendments. 

* * * * * 

Original amendment submission date Date of final publication Citation/description 

*******

July 14, 2010 .................................................................... March 9, 2011 .................................................................. ARM 17.24.1109. 

[FR Doc. 2011–5388 Filed 3–8–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

32 CFR Part 706 

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972 

AGENCY: Department of the Navy, DoD. 

ACTION: Final rule. 

SUMMARY: The Department of the Navy 

(DoN) is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (DAJAG) (Admiralty and 

Maritime Law) has determined that 

certain vessels of the SSN Class are 

vessels of the Navy which, due to their 

special construction and purpose, 

cannot fully comply with certain 

provisions of the 72 COLREGS without 

interfering with its special function as a 

naval ship. The intended effect of this 

rule is to warn mariners in waters where 

72 COLREGS apply. 

DATES: This rule is effective March 9, 

2011 and is applicable beginning 

February 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Jaewon Choi, JAGC, U.S. 

Navy, Admiralty Attorney, (Admiralty 

and Maritime Law), Office of the Judge 

Advocate General, Department of the 

Navy, 1322 Patterson Ave., SE., Suite 

3000, Washington Navy Yard, DC 

20374–5066, telephone number: 202– 

685–5040. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the DoN amends 32 CFR part 706. 

This amendment provides notice that 

the DAJAG (Admiralty and Maritime 

Law), under authority delegated by the 

Secretary of the Navy, has certified that 

certain vessels of the SSN Class are 

vessels of the Navy which, due to their 

special construction and purpose, 

cannot fully comply with the following 

specific provisions of 72 COLREGS 

without interfering with their special 

function as naval ships: Rule 21 (a) 

pertaining to the centerline position of 

the masthead lights. The DAJAG 

(Admiralty and Maritime Law) has also 

certified that the lights involved are 

located in closest possible compliance 

with the applicable 72 COLREGS 

requirements. 

Moreover, it has been determined, in 

accordance with 32 CFR parts 296 and 

701, that publication of this amendment 

for public comment prior to adoption is 

impracticable, unnecessary, and 

contrary to public interest since it is 

based on technical findings that the 

placement of lights on these vessels in 

a manner differently from that 

prescribed herein will adversely affect 

the vessels’ ability to perform their 

military functions. 

List of Subjects in 32 CFR Part 706 

Marine safety, Navigation (water), and 

Vessels. 

For the reasons set forth in the 

preamble, the Navy amends part 706 of 

title 32 of the CFR as follows: 

PART 706—CERTIFICATIONS AND 

EXEMPTIONS UNDER THE 

INTERNATIONAL REGULATIONS FOR 

PREVENTING COLLISIONS AT SEA, 

1972 

■ 1. The authority citation for part 706 

continues to read as follows: 

Authority: 33 U.S.C. 1605. 

■ 2. Section 706.2, Table Two, is 

amended by adding, in alpha numerical 

order by vessel number, the following 

entries for the SSN Class to read as 

follows: 

§ 706.2 Certifications of the Secretary of 

the Navy under Executive Order 11964 and 

33 U.S.C. 1605. 

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12860 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

TABLE TWO

Vessel Number 

Masthead 

lights, distance to 

stbd of 

keel in meters; Rule 

21(a) 

Forward 

anchor 

light, distance 

below flight 

dk in 

meters; 

§ 2(K), 

Annex I 

Forward 

anchor 

light, number of; 

Rule 30(a) 

(i) 

AFT anchor light, 

distance 

below flight 

dk in meters; Rule 

21(e), Rule 

30(a)(ii) 

AFT anchor light, 

number of; 

Rule 30(a) 

(ii) 

Side lights, 

distance 

below flight 

dk in 

meters; 

§ 2 (g), 

Annex I 

Side lights, 

distance 

forward of 

forward 

masthead 

light in 

meters; 

§ 3(b), 

Annex I 

Side lights, 

distance 

inboard of 

ship’s 

sides in 

meters; 

§ 3(b), 

Annex I 

*******

USS NORFOLK ................. SSN 714 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

USS CHICAGO .................. SSN 721 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

USS KEY WEST ................ SSN 722 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

*******

USS HELENA .................... SSN 725 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

*******

* * * * * 

Approved: February 23, 2011. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

Dated: March 1, 2011. 

D.J. Werner, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. 2011–5168 Filed 3–8–11; 8:45 am] 

BILLING CODE 3810–FF–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0210; FRL–9277–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Kentucky; Louisville Nonattainment 

Area; Determination of Attainment of 

the 1997 Annual Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

bi-state Louisville (Indiana and 

Kentucky) fine particle (PM2.5) 

nonattainment area has attained the 

1997 annual average PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). This determination is based 

upon complete, quality-assured, and 

certified ambient air monitoring data for 

the 2007–2009 period showing that the 

area has monitored attainment of the 

annual PM2.5 NAAQS. Preliminary data 

for 2010 available to date are consistent 

with continued attainment. As a result 

of this determination, the requirements 

for the area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the standards shall be 

suspended for so long as the area 

continues to attain the annual PM2.5

NAAQS. 

DATES: This final rule is effective on 

March 9, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2010–0210. 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, 

i.e., 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 either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region 5 office, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, or in 

Region 4 at the Environmental 

Protection Agency, Air, Pesticides and 

Toxics Management Division, 61 

Forsyth Street, SW., Atlanta, Georgia. 

These facilities are open from 8:30 a.m. 

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

excluding Federal holidays. We 

recommend that you telephone John 

Summerhays, Environmental Scientist, 

at (312) 886–6067 before visiting the 

Region 5 office or Joel Huey, 

Environmental Scientist, at (404) 562– 

9104 before visiting the Region 4 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6067, 

summerhays.john@epa.gov. In Region 4, 

contact Joel Huey, Environmental 

Scientist, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960, (404) 

562–9104, huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What did EPA propose? 

IV. What does the most recent monitoring 

data show? 

V. What is the effect of this action? 

VI. When is this action effective? 

VII. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is determining that the Louisville 

PM2.5 annual NAAQS nonattainment 

area (which includes Jefferson and 

Bullitt Counties in Kentucky and Clark 

and Floyd Counties and the Madison 

Township of Jefferson County in 

Indiana) has attained the 1997 annual 

PM2.5 NAAQS. This determination is 

based upon complete, quality-assured, 

and certified ambient air monitoring 

data for the 2007–2009 monitoring 

period that show that the area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. Preliminary data 

available for 2010 are consistent with 

continued attainment. 

II. What is the background for this 

action? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

mstockstill on DSKH9S0YB1PROD with RULES