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 (NOX) and oxides of 

sulfur (SOX) emissions from facilities 

emitting 4 tons or more per year of NOX

or SOX 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 (NOX) and Oxides of Sulfur 

(SOX).

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: 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 76, No. 156 / Friday, August 12, 2011 / Rules and Regulations 50129 

• 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 (NOX) and Oxides of Sulfur 

(SOX),’’ 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 


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