### 27626 Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Rules and Regulations

11:00 p.m. on August 19, 2012. This action is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and immediately after fireworks events. During the aforementioned periods, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and immediately after fireworks events. During the enforcement period, no person or vessel may enter the safety zone without permission of the Captain of the Port, Sector Lake Michigan.

**DATES :**  The regulations in 33 CFR 165.935 will be enforced at various times between 10:00 p.m. on July 19, 2012 and 11:00 p.m. on July 28, 2012 and then again between 10:15 p.m. and 11:00 p.m. on August 19, 2012.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions on this notice, call or email CWO Jon Grob, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747– 7188, email Jon.K.Grob@uscg.mil.

**SUPPLEMENTARY INFORMATON :**  The Coast Guard will enforce the safety zone listed in 33 CFR 165.935, Safety Zone, Milwaukee Harbor, Milwaukee, WI, for the following events:

(1) Festa Italiana fireworks display on July 19, 2012 from 10:00 p.m. through 10:45 p.m.; on July 20, 2012 from 10:00 p.m. through 10:45 p.m.; on July 21, 2012 from 10:00 p.m. through 10:45 p.m.; on July 22, 2012 from 10:00 p.m. through 10:45 p.m.

(2) German Festival fireworks display on July 27, 2012 from 10:15 p.m. through 11:00 p.m.; on July 28, 2012 from 10:15 p.m. through 11:00 p.m.

(3) Irish Festival fireworks display on August 19, 2012 from 10:15 p.m. through 11:00 p.m.

All vessels must obtain permission from the Captain of the Port, Sector Lake Michigan, or his or her on-scene representative to enter, move within, or exit a safety zone. Vessels and persons granted permission to enter the safety zone shall obey all lawful orders or directions of the Captain of the Port, Sector Lake Michigan, or a designated representative. While within a safety zone, all vessels shall operate at the minimum speed necessary to maintain a safe course.

This notice is issued under authority of 33 CFR 165.935 Safety Zone, Milwaukee Harbor, Milwaukee, WI and 5 U.S.C. 552(a). In addition to this notice in the Federal Register , the Coast Guard will provide the maritime community with advance notification of these enforcement periods via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port, Sector Lake Michigan will issue a Broadcast Notice to Mariners notifying the public when enforcement of the safety zone established by this section is suspended. If the Captain of the Port, Sector Lake Michigan, determines that the safety zone need not be enforced for the full duration stated in this notice, he or she may use a Broadcast Notice to Mariners to grant general permission to enter the safety zone. The Captain of the Port, Sector Lake Michigan, or his or her on-scene representative may be contacted via VHF Channel 16.

Dated: May 1, 2012. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.

[FR Doc. 2012–11496 Filed 5–10–12; 8:45 am]

**BILLING CODE 9110–04–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R04–OAR–2009–0783); FRL–9669–2]**

**Approval and Promulgation of Implementation Plans; Commonwealth**  **of Kentucky; Regional Haze State Implementation Plan; Correction** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule; correcting amendment.

**SUMMARY :**  On March 30, 2012, EPA published a rule finalizing a limited approval and a limited disapproval of two revisions to the Kentucky State Implementation Plan (SIP) submitted by the Commonwealth of Kentucky through the Kentucky Energy and Environment Cabinet, Division for Air Quality (DAQ), on June 25, 2008, and May 28, 2010, to address regional haze. In that rulemaking, EPA inadvertentlyexcluded an entry to the table for EPAapproved Kentucky non-regulatory provisions. This action amends the table by adding an entry for Kentucky’s regional haze SIP and SIP amendment.

**DATES :**  This action is effective May 11,

2012.

**ADDRESSES :**  Copies of the documentation used in the action being corrected are available for inspection during normal business hours at the following location: U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303– 8960. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays. **FOR FURTHER INFORMATION CONTACT :**  Ms. Lynorae Benjamin, Chief, 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. Ms. Benjamin can be reached at 404–562– 9040, or via electronic mail at benjamin.lynorae@epa.gov

.
**SUPPLEMENTARY INFORMATION :**  I. Background

On March 30, 2012, EPA published a rule finalizing a limited approval and a limited disapproval of two revisions to the Kentucky SIP submitted by DAQ on June 25, 2008, and May 28, 2010, addressing regional haze. See 77 FR 19098. In the final action, EPA inadvertently excluded an entry identifying Kentucky’s regional haze SIP and SIP amendment in the table of‘‘EPA-Approved Kentucky NonRegulatory Provisions’’ located at 40 CFR 52.920(e).

II. Action

This action amends the table in 40 CFR 52.920(e) by adding an entry for Kentucky’s regional haze SIP and SIP amendment. EPA has determined that today’s action falls under the ‘‘good cause’’ exemption in section 553(b)(3)(B) of the Administrative Procedure Act (APA) which, upon finding ‘‘good cause,’’ authorizes agencies to dispense with public participation where public notice and comment procedures are impracticable, unnecessary, or contrary to the public interest. Public notice and comment for this action are unnecessary because today’s action, adding an entry in the table located at 40 CFR 52.920(e), has no substantive impact on EPA’s March 30, 2012, limited approval and limited disapproval of the regional haze SIP revisions. In addition, EPA can identify no particular reason why the public would be interested in being notified of the correction, or in having the opportunity to comment on the correction prior to this action being finalized, since this correction action does not change the meaning of EPA’s analysis or action related to the regional haze SIP revisions.

EPA also finds that there is good cause under APA section 553(d)(3) for this correction to become effective on the date of publication of this action. Section 553(d)(3) of the APA allows an effective date less than 30 days after publication ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ The purpose


### 27627 Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Rules and Regulations

of the 30-day waiting period prescribed in APA section 553(d)(3) is to give affected parties a reasonable time to adjust their behavior and prepare before the final rule takes effect. Today’s rule, however, does not create any new regulatory requirements such that affected parties would need time to prepare before the rule takes effect. Rather, today’s action only adds an entry in 40 CFR 52.920(e) identifying EPA’s March 30, 2012, limited approval of Kentucky’s regional haze SIP. For these reasons, EPA finds good cause under APA section 553(d)(3) for this correction to become effective on the date of publication of this action.
III. Statutory and Executive Order Reviews

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. For this reason, this action is also not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). This action only adds an entry identifying EPA’s March 30, 2012, limited approval of Kentucky’s regional haze SIP in the table located at 40 CFR 52.920(e), and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. ). Furthermore, this rule does not contain any unfunded mandates or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4), given the nature of this action as described above.

This rule does not have tribal implications because it will 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). This rule also does not have Federalism implications because it does not 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 rule only adds an entry identifying EPA’s limited approval of Kentucky’s regional haze SIP in the table located at 40 CFR 52.920(e), and does not alter the relationship or the distribution of power and responsibilities established in the Clean Air Act (CAA). This rule is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not economically significant. In addition, this rule 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. This rule also does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq .).

The Congressional Review Act, 5
U.S.C. section 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 rule 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 CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by July 10, 2012. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule 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. This action may not be challenged later in proceedings to enforce its requirements. See CAA section 307(b)(2).
List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

Dated: April 23, 2012 A. Stanley Meiburg, Acting Regional Administrator, Region 4.

40 CFR part 52 is amended as follows:

**PART 52—[AMENDED]**

■ 1. The authority citation for part 52 continues to read as follows:

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

**Subpart S—Kentucky**

■ 2. Section 52.920(e) is amended by adding an entry for ‘‘Regional Haze Plan and Plan Amendment’’ to the end of the table to read as follows:

**§ 52.920 Identification of plan.**

* * * * *

(e) * * *



### EPA-A PPROVED 

### K ENTUCKY 

### N ON 

### -R EGULATORY 

### P ROVISIONS

Name of nonregulatory SIP provision Applicable geographic or nonattainment area State submittal date/ effective date EPA approval date Explanations

******* Regional Haze Plan and

Plan Amendment. Statewide ........................ 06/25/08 and 05/28/
10. 03/30/12, 77 FR
19098. Source-specific BART requirements are summarized in Table 7.5.3–2 of theCommonwealth’s May 28, 2010 submittal.


### 27628 Federal Register / Vol. 77, No. 92 / Friday, May 11, 2012 / Rules and Regulations

[FR Doc. 2012–11183 Filed 5–10–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 180**

**[EPA–HQ–OPP–2011–0525; FRL–9340–1]**

α**-[p-(1,1,3,3-Tetramethylbutyl)phenyl]-**

w**-hydroxypoly(oxyethylene); Exemption From the Requirement of a**  **Tolerance**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  This regulation establishes an exemption from the requirement of a tolerance for residues of a -[p-(1,1,3,3- tetramethylbutyl)phenyl]- w hydroxypoly(oxyethylene) (CAS Reg. Nos. 9036–19–5, 9002–93–1) when used as an inert ingredient at levels not to exceed 7% in pesticide formulations applied to growing crops and raw agricultural commodities after harvest. The Joint Inerts Task Force, Cluster Support Team Number 5 submitted a petition to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), requesting establishment of an exemption from the requirement of a tolerance. This regulation eliminates the need to establish a maximum permissible level for residues of a -[p- (1,1,3,3-tetramethylbutyl)phenyl]- whydroxypoly(oxyethylene).

**DATES :**  This regulation is effective May 11, 2012. Objections and requests for hearings must be received on or before July 10, 2012, 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–2011–0525. 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 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 :**  Kerry Leifer, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–8811; email address: leifer.kerry@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://ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 40tab

_ 02.tpl. To access the OCSPP 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, 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–2011–0525 in the subject line on the first page of your submission. All objections and requests for a hearing must be in writing, and must be received by the Hearing Clerk on or before July 10, 2012. Addresses for mail and hand delivery of objections and hearing requests are provided in 40 CFR 178.25(b).

In addition to filing an objection or hearing request with the Hearing Clerk as described in 40 CFR part 178, please submit a copy of the filing that does not contain any CBI for inclusion in the public docket. Information not marked confidential pursuant to 40 CFR part 2 may be disclosed publicly by EPA without prior notice. Submit a copy of your non-CBI objection or hearing request, identified by docket ID number EPA–HQ–OPP–2011–0525, by one of the following methods:

• Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments.

• Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington,
DC 20460–0001.

• Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805.
II. Background

In the Federal Register of August 26, 2011 (76 FR 53372) (FRL–8884–9), EPA issued a notice pursuant to FFDCA section 408, 21 U.S.C. 346a, announcing the filing of a pesticide petition (PP 1E7858) by Joint Inerts Task Force, Cluster Support Team 5, c/o CropLife America, 1156 15th St. NW., Suite 400, Washington, DC 20005. The petition requested that 40 CFR 180.910 be amended by establishing an exemption from the requirement of a tolerance for residues of a -[p-(1,1,3,3- tetramethylbutyl)phenyl]- whydroxypoly(oxyethylene) (CAS Reg. Nos. 9036–19–5, 9002–93–1) when used as an inert ingredient at levels not to exceed 7% in pesticide formulations