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 inadvertently 

excluded 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 

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

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-APPROVED KENTUCKY NON-REGULATORY PROVISIONS

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 the 

Commonwealth’s May 28, 2010 submittal. 

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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]-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 

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 

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