### 50128 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations

TABLE 

### 2 OF 

### § 165.T01–0671—Continued

2.8 August

• Location: All waters of the Merrimack River near

Newburyport, MA, within a 420-foot radius of position (NAD 83): 42 ° 49.0′ N, 070 ° 52.7′ W. 2.8.2 Haverhill River Ruckus Fireworks .......................................................................... • Date: August 20, 2011.

• Rain Date: August 21, 2011.

• Time: 9 p.m. to 10 p.m.

• Location: All waters of the Merrimack River near Haverhill, MA, within a 210-foot radius of position (NAD 83): 42 ° 46.3′ N, 071 ° 5.1 ′ W.
2.9 September

2.9.1 Federal Realty Fireworks ....................................................................................... • Date: September 17, 2011.

• Rain Date: September 18, 2011.

• Time: 8:30 p.m. to 10 p.m.

• Location: All waters of the Mystic River near Somerville, MA within a 280-foot radius of position (NAD 83): 42 ° 23.9 ′ N, 071 ° 4.8 ′ W.

Dated: August 2, 2011. J.N. Healey, Captain, U. S. Coast Guard, Captain of the Port Boston. [FR Doc. 2011–20501 Filed 8–11–11; 8:45 am]

**BILLING CODE 9110–04–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**
**[EPA–R09–OAR–2011–0416; FRL–9446–7]**

**Revisions to the California State Implementation Plan, South Coast Air**  **Quality Management District**

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

**ACTION :**  Final rule.

**SUMMARY :**  EPA is finalizing approval of revisions to the South Coast Air Quality Management District (SCAQMD) portion of the California State Implementation Plan (SIP). These revisions concern oxides of nitrogen (NO X) and oxides of sulfur (SO X) emissions from facilities emitting 4 tons or more per year of NO X or SO X in the year 1990 or any subsequent year under the SCAQMD’s Regional Clean Air Incentives Market (RECLAIM) program. We are approving a local rule that regulates these emission sources under the Clean Air Act as amended in 1990 (CAA or the Act).

**DATES :**  Effective Date: This rule is effective on September 12, 2011.

**ADDRESSES :**  EPA has established docket number EPA–R09–OAR–2011–0416 for this action. Generally, documents in the docket for this action are available electronically at http://www.regulations. gov or in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at http://www. regulations.gov, some information may be publicly available only at the hard copy location ( e.g., copyrighted material, large maps, multi-volume reports), and some may not be available in either location (e.g., confidential business information (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 :**  Lily Wong, EPA Region IX, (415) 947–4114, wong.lily@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Throughout this document, ‘‘we,’’ ‘‘us’’ and ‘‘our’’ refer to EPA.
Table of Contents

I. Proposed Action II. Public Comments and EPA Responses III. EPA Action IV. Statutory and Executive Order Reviews
I. Proposed Action

On May 27, 2011 (76 FR 30896), EPA proposed to approve the following rule into the California SIP.

Local agency Rule # Rule title Adopted Submitted

SCAQMD .................................... 2002 Allocations for Oxides of Nitrogen (NO X) and Oxides of Sulfur (SO X). 11/05/10 04/05/11

We proposed to approve this rule because we determined that it complied with the relevant CAA requirements. Our proposed action contains more information on the rule and our evaluation.

II. Public Comments and EPA Responses

EPA’s proposed action provided a 30- day public comment period. During this period, we received no comments. III. EPA Action
No comments were submitted that change our assessment that the submitted rule comply with the relevant CAA requirements. Therefore, as authorized in section 110(k)(3) of the Act, EPA is fully approving this rule into the California SIP. IV. 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:


### 50129 Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations

• 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 October 11, 2011. 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. 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, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements.

Dated: July 18, 2011. Jared Blumenfeld, Regional Administrator, Region IX.

Part 52, Chapter I, Title 40 of the Code of Federal Regulations 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 F—California**

■ 2. Section 52.220, is amended by adding paragraph (c)(388) (i)(A)( 4 ) to read as follows:

**§ 52.220 Identification of plan.**
* * * * *

(c) * * * (388) * * * (i) * * * (A) * * * ( 4 ) Rule 2002, ‘‘Allocations for Oxides of Nitrogen (NO X) and Oxides of Sulfur (SO X),’’ amended November 5, 2010.
* * * * * [FR Doc. 2011–20456 Filed 8–11–11; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Parts 72 and 75**
**[EPA–HQ–OAR–2009–0837; FRL–9450–7]**

**RIN 2060–AQ06**
**Protocol Gas Verification Program and Minimum Competency Requirements**  **for Air Emission Testing; Corrections**

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

**ACTION :**  Direct final rule.

**SUMMARY :**  EPA is taking direct final action on corrections to the Protocol Gas Verification Program and Minimum Competency Requirements for Air Emission Testing final rule, which was published in the Federal Register of March 28, 2011 (76 FR 17288). The final rule also made a number of other changes to the regulations. After the final rule was published, it was brought to our attention that there are some incorrect and incomplete statements in the preamble, some potentially confusing statements in a paragraph of the rule text, and the title of Appendix D to Part 75 was inadvertently changed and is incorrect.

**DATES :**  This rule is effective on October 11, 2011 without further notice, unless EPA receives adverse comments by September 12, 2011. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2009–0837, by one of the following methods:

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

• Mail: Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.

• Hand Delivery: Air and Radiation Docket, EPA West Building, Room 3334, 1301 Constitution Avenue, NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information.

Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2009– 0837. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless