Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 38725 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. An 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This rule is 

categorically excluded, under figure 

2–1, paragraph (34)(g), of the 

instruction. This rule involves the 

creation of two safety zones. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public 

Law 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T13–207 to read as 

follows: 

§ 165.T13–207 Safety Zones; Sellwood 

Bridge project, Willamette River; Portland, 

OR. 

(a) Location. The safety zone on the 

western river bank encompasses all 

waters of the Willamette River within 

the following four points: 

45–27′53.5′′ N 122–40′03.5′′ W 

45–27′53.5′′ N 122–39′58.5′′ W 

45–27′49.5′′ N 122–39′58.5′′ W 

45–27′49.5′′ N 122–40′04.5′′ W 

(b) The safety zone on the eastern 

river bank encompasses all waters of the 

Willamette River within the following 

four points: 

45–27′53.5′′ N 122–39′50.5′′ W 

45–27′53.5′′ N 122–39′55.0′′ W 

45–27′49.5′′ N 122–39′55.0′′ W 

45–27′49.5′′ N 122–39′47.0′′ W 

(c) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, subpart C, no person may enter or 

remain in the safety zones created in 

this section or bring, cause to be 

brought, or allow to remain in the safety 

zones created in this section any 

vehicle, vessel, or object unless 

authorized by the Captain of the Port 

Columbia River or his designated 

representative. The Captain of the Port 

Columbia River may be assisted by other 

federal, state, or local agencies with the 

enforcement of the safety zones. 

(d) Enforcement Period. The safety 

zones created by this section will be in 

effect from 11 a.m. on July 1, 2012 

through 11:00 p.m. on January 31, 2015. 

Dated: June 5, 2012. 

B.C. Jones, 

Captain, U.S. Coast Guard, Captain of the 

Port, Columbia River. 

[FR Doc. 2012–15951 Filed 6–28–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–1050; FRL–9690–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Volatile Organic Compounds; 

Consumer Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: In this action we are 

approving into the Indiana State 

Implementation Plan (SIP) the addition 

of a new rule that sets volatile organic 

compound (VOC) emissions limits and 

other restrictions on consumer products 

that are sold, supplied, manufactured, 

or offered for sale in the State of 

Indiana. 

DATES: This rule is effective August 28, 

2012, unless EPA receives adverse 

comments by July 30, 2012. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–1050, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

1050. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov your email 

address will be automatically captured 

and included as part of the comment 


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38726 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Anthony 

Maietta, Environmental Protection 

Specialist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony Maietta, Environmental 

Protection Specialist, Control Strategies 

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

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8777, 

maietta.anthony@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. Background 

II. Contents of Indiana’s Rule 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background 

‘‘Consumer products’’ encompass a 

wide array of sprays, gels, cleaners, 

adhesives, and other chemically 

formulated products that are purchased 

for personal or institutional use and that 

emit VOCs through their use, 

consumption, storage, disposal, 

destruction, or decomposition. On 

December 7, 2010, the Indiana 

Department of Environmental 

Management (IDEM) requested that EPA 

approve into its SIP the addition of a 

new rule that limits VOC in consumer 

products. The rule is located within 

Title 326 of the Indiana Administrative 

Code (IAC) Article 8 ‘‘Volatile Organic 

Compound Rules’’ at 326 IAC 8–15. The 

rule consists of the following nine 

sections: 

(1) Section 1, ‘‘Applicability’’ 

(2) Section 2, ‘‘Definitions’’ 

(3) Section 3, ‘‘Standards’’ 

(4) Section 4, ‘‘Exemptions’’ 

(5) Section 5, ‘‘Innovative products 

exemption’’ 

(6) Section 6, ‘‘Alternative control plan’’ 

(7) Section 7, ‘‘Administrative 

requirements’’ 

(8) Section 8, ‘‘Record keeping and 

reporting requirements’’ 

(9) Section 9, ‘‘Test methods’’ 

A discussion of each section and its 

approvability is included in section III 

of this action. 

The rule that Indiana adopted and 

submitted to EPA for approval is based 

on the model rule developed by the 

Ozone Transport Commission (OTC) for 

consumer products. The OTC is a multistate organization created under section 

176A of the Clean Air Act. It is 

responsible for advising EPA on 

transport issues and for developing and 

implementing regional solutions to the 

ground-level ozone problem in the 

Northeast and Mid-Atlantic regions. 

The OTC has developed this model 

rule for consumer products which OTC 

member states have signed a 

memorandum of understanding to 

adopt. The OTC model rule that Indiana 

based its rule on is at least as stringent 

as, and in most cases is more stringent 

than, EPA’s national consumer products 

rule, ‘‘National Volatile Organic 

Compound Emission Standards for 

Consumer Products,’’ 40 CFR part 59, 

subpart C. It should be noted that 

Indiana is not an OTC member state. By 

adopting a rule that mirrors the OTC 

model rule, however, Indiana is 

strengthening its SIP through 

enforceable VOC limits for consumer 

products with corresponding 

recordkeeping and reporting 

requirements. 

II. Contents of Indiana’s Rule 

The following is a summary of each 

section of 326 IAC 8–15 ‘‘Standards for 

Consumer and Commercial Products,’’ 

as submitted on November 7, 2010, and 

a discussion of why each section is 

approvable into the State’s SIP. 

326 IAC 8–15–1 ‘‘Applicability’’ 

This section makes 326 IAC 8–15 

applicable to any person who sells, 

supplies, offers for sale, or manufactures 

consumer products in the State of 

Indiana on or after June 1, 2011. The 

applicability for the rule as outlined in 

this section is congruent with the model 

OTC language, and therefore is 

approvable for inclusion in Indiana’s 

SIP. 

326 IAC 8–15–2 ‘‘Definitions’’ 

This section provides definitions of 

products, terms, acronyms, and other 

language that are unique and/or specific 

to this rule. This section is congruent 

with the OTC model rule, and therefore 

is approvable for inclusion in Indiana’s 

SIP. 

326 IAC 8–15–3 ‘‘Standards’’ 

This section codifies VOC standards 

for each category of consumer products 

affected by 326 IAC 8–15 and includes 

additional requirements for certain 

product categories. Each category of 

consumer product and its associated 

VOC limit mirror the OTC model rule as 

do additional requirements for certain 

product categories, including: 

—A ban on use of air toxics, as 

classified by the California Code of 

Regulations, in antiperspirants and 

deodorants. 

—A provision establishing how to 

determine the VOC content of diluted 

products. 

—Sell-through provisions for affected 

products that were already 

manufactured by June 1, 2011. 

—An effective date of June 1, 2012, for 

any products that are covered by 326 

IAC 8–15 and also registered under 

the Federal Insecticide, Fungicide, 

and Rodenticide Act (FIFRA). 

—A restriction on sale of any charcoal 

lighter material that has not been 

issued a currently effective 

certification by either the California 

Air Resources Board (CARB), or 

another state air agency in 

conjunction with EPA. 

—Additional requirements for aerosol 

adhesives, including a ban on the sale 

or manufacturing of aerosol adhesives 

containing methylene chloride, 

perchloroethylene, or 

trichloroethylene. 

—A requirement for floor wax strippers 

that ensures that product packaging 

clearly indicates ‘‘light/medium’’ and 

‘‘heavy’’ dilution ratios that correlate 

with the associated VOC limits for 

these dilutions. 

—Additional requirements for products 

containing ozone depleting 

compounds. 

—Additional requirements for adhesive 

removers, contact adhesives, electrical 

cleaners, electronic cleaners, footwear 

or leather care products, general 

purpose degreasers, and graffiti 

removers that contain methylene 


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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 38727 

chloride, perchloroethylene, or 

trichloroethylene. 

This section is at least as stringent as 

the OTC model rule, and therefore is 

approvable for inclusion in Indiana’s 

SIP. 

326 IAC 8–15–4 ‘‘Exemptions’’ 

This section outlines conditions for 

certain products that may allow them to 

be exempt from 326 IAC 8–15, including 

an exemption for products 

manufactured in the State but meant for 

sale outside the State. This section also 

allows a retailer (but not manufacturer) 

to not be considered in violation of 326 

IAC 8–15 if they immediately 

discontinue sale of the violating 

product, and make good faith efforts to 

assure the product met the applicable 

requirements of 326 IAC 8–15. Finally, 

this section excludes any products that 

are regulated under this rule from the 

administrative requirements of the rule 

if the products are registered under 

FIFRA. This section is congruent with 

the OTC model rule, and therefore is 

approvable. 

326 IAC 8–15–5 ‘‘Innovative Products 

Exemption’’ 

This section allows for an exemption 

for products otherwise covered under 

326 IAC 8–15, so long as the 

manufacturer has been granted an 

innovative products exemption by 

CARB or the air pollution control 

agency of another state with an 

innovative products exemption 

substantially equivalent to CARB’s. This 

section then outlines additional 

requirements necessary for Indiana to 

consider an innovative products 

exemption to be valid within the State. 

Finally, this section outlines conditions 

in which the innovative products 

exemption can expire or be revoked by 

the State. This section is congruent with 

the OTC model rule, and therefore is 

approvable. 

326 IAC 8–15–6 ‘‘Alternative Control 

Plan’’ 

This section outlines circumstances in 

which a manufacturer of a product 

regulated under 326 IAC 8–15 can 

provide an alternative method to 

comply with the VOC limits contained 

in Indiana’s rule. Only manufacturers 

who have been granted an alternative 

control plan by CARB, or a state air 

pollution control agency with 

alternative control plans to consumer 

product VOC limits that are 

substantially equivalent to CARB’s 

alternative control plan, may be 

exempted from the VOC limits in 

Indiana’s rule. The section also outlines 

circumstances in which an approved 

alternative control plan can be 

considered valid, or can be revoked by 

the State. This section is congruent with 

the OTC model rule, and therefore is 

approvable. 

326 IAC 8–15–7 ‘‘Administrative 

Requirements’’ 

This section outlines product dating 

and labeling requirements for consumer 

products manufactured or sold in 

Indiana. This section also defines the 

most restrictive limit that a product 

must meet if it is regulated by FIFRA as 

well as 326 IAC 8–15. This section is 

congruent with the OTC model rule and 

therefore is approvable. 

326 IAC 8–15–8 ‘‘Record Keeping and 

Reporting Requirements’’ 

This section outlines the 

recordkeeping and reporting 

requirements that manufacturers of 

products regulated under this rule must 

meet. Manufacturers must keep and 

make available to Indiana or EPA 

information about their product, 

including: 

—The product manufacturer’s name and 

contact information. 

—Any claim of confidentiality of the 

product. 

—The product’s name, and a 

description of the product category to 

which the product belongs. 

—Applicable product form or forms 

listed separately. 

—Identification of each product brand 

name and whether it is a household 

product, industrial and institutional 

product, or both. 

—Sales of the product in Indiana in 

pounds per year, as well as the 

methodology used to achieve the 

calculation. 

—An identification of each company 

that is submitting relevant data about 

the product (if it is manufactured 

using multiple companies). 

—Specific net ‘‘percent by weight’’ 

information for certain compounds 

that may be in the product. 

—Specific chemical names of certain 

compounds used in the product 

formulation. 

—Propellant information, if propellant 

is used in the product. 

This section also specifies which 

information a company may present to 

the State if it cannot meet the 

requirements listed above. Finally, this 

section contains special reporting 

requirements for products that contain 

perchloroethylene or methylene 

chloride. This section is congruent with 

the OTC model rule, and therefore is 

approvable. 

326 IAC 8–15–9 ‘‘Test Methods’’ 

This section outlines methods 

acceptable to the State that 

manufacturers can use to determine 

compliance with the VOC content limits 

outlined in the rule. Manufacturers may 

use CARB Method 310, a method 

approved in writing both by the State of 

Indiana and EPA, or through calculation 

of the VOC content of constituents used 

to make the product. This section also 

includes the approved method to test 

whether a product is a liquid or solid, 

and the approved method to determine 

the distillation points of petroleum 

distillate-based charcoal lighter 

materials. This section is congruent 

with the OTC model rule, and therefore 

is approvable. 

III. What action is EPA taking? 

EPA is approving into the Indiana SIP 

Title 326 IAC Article 8–15 as adopted 

by the State of Indiana and as submitted 

to EPA on December 7, 2010. We are 

publishing this action without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

state plan if relevant adverse written 

comments are filed. This rule will be 

effective August 28, 2012 without 

further notice unless we receive relevant 

adverse written comments by July 30, 

2012. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. If we do not receive any 

comments, this action will be effective 

August 28, 2012. 

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 Clean Air Act and 

applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, 


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38728 Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 

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: 

• 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, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable 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 August 28, 2012. 

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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 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, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: June 11, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

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. 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by adding a new entry 

in ‘‘Article 8. Volatile Organic 

Compound Rules’’ for ‘‘Rule 15. 

Standards for Consumer and 

Commercial Products’’ in numerical 

order to read as follows: 

§ 52.770 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED INDIANA REGULATIONS

Indiana citation Subject Indiana 

effective date EPA approval date Notes 

*******

Article 8. Volatile Organic Compound Rules 

*******

Rule 15. Standards for Consumer and Commercial Products 

8–15–1 .............. Applicability .......................... 12/1/2010 6/29/2012, [Insert page number where the document begins].

8–15–2 .............. Definitions ............................ 12/1/2010 6/29/2012, [Insert page number where the document begins].

8–15–3 .............. Standards ............................. 12/1/2010 6/29/2012, [Insert page number where the document begins].

8–15–4 .............. Exemptions .......................... 12/1/2010 6/29/2012, [Insert page number where the document begins].

8–15–5 .............. Innovative products exemption.12/1/2010 6/29/2012, [Insert page number where the document begins].


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Federal Register / Vol. 77, No. 126 / Friday, June 29, 2012 / Rules and Regulations 38729 

1See Offshore Supply Vessels: Alternate 

Tonnage, 61 FR 66613 (Dec. 18, 1996), amending 46 

CFR 125.160. 

EPA-APPROVED INDIANA REGULATIONS—Continued 

Indiana citation Subject Indiana 

effective date EPA approval date Notes 

8–15–6 .............. Alternative control plan ........ 12/1/2010 6/29/2012, [Insert page number where the document begins].

8–15–7 .............. Administrative requirements 12/1/2010 6/29/2012, [Insert page number where the document begins].

8–15–8 .............. Record keeping and reporting requirements.12/1/2010 6/29/2012, [Insert page number where the document begins].

8–15–9 .............. Test methods ....................... 12/1/2010 6/29/2012, [Insert page number where the document begins].

* * * * * * * 

[FR Doc. 2012–15688 Filed 6–28–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 126 

[Docket No. USCG–2011–0966] 

RIN 1625–AB82 

Alternate Tonnage Threshold for Oil 

Spill Response Vessels 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; Interpretation. 

SUMMARY: The Coast Guard is 

establishing an alternate size threshold 

based on the measurement system 

established under the International 

Convention on Tonnage Measurement of 

Ships, 1969, for oil spill response 

vessels, which are properly certificated 

under 46 CFR chapter I, subchapter L. 

The present size threshold of 500 gross 

register tons is based on the U.S. 

regulatory measurement system. This 

final rule provides an alternative for 

owners and operators of offshore supply 

vessels that may result in an increase in 

oil spill response capacity and 

capability. This final rule adopts, 

without change, the interim rule 

amending 46 CFR part 126 published in 

the Federal Register on Monday, 

December 12, 2011. 

DATES: This final rule is effective June 

29, 2012. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2011–0966 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2011–0966 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this final rule, 

call or email Mr. Brian T. Ellis, Coast 

Guard Marine Safety Center; telephone 

202–475–5636, email 

Brian.T.Ellis@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

DHS Department of Homeland Security 

FR Federal Register 

GT ITC Gross Tonnage International 

Tonnage Convention, 1969 

OSV Offshore Supply Vessel 

OSRV Oil Spill Response Vessel 

U.S.C. United States Code 

II. Regulatory History 

On Monday, December 12, 2011, the 

Coast Guard published an interim rule 

with request for comments entitled 

Alternate Tonnage Threshold for Oil 

Spill Response Vessels in the Federal 

Register (76 FR 77128). We received no 

comments on the interim rule. No 

public meeting was requested and none 

was held. This rule is considered to be 

an interpretive rule under the 

Administrative Procedure Act (5 U.S.C. 

551 et seq.) and, therefore, the 30-day 

delay of the effective date is not 

required under 5 U.S.C. 553(d)(2). 

III. Basis and Purpose 

The interim final rule published in 

the Federal Register on Monday, 

December 12, 2011 (76 FR 77128) 

provides a discussion of the basis and 

purpose of this rulemaking, but a 

summary of that discussion follows. 

This final rule establishes an alternate 

tonnage threshold at 6000 Gross 

Tonnage International Tonnage 

Convention (GT ITC) for oil spill 

response vessels (OSRVs) that are also 

certificated as offshore supply vessels 

(OSVs). The selected alternate tonnage 

threshold is consistent with a 6000 GT 

ITC alternate threshold established for 

OSVs in 1996.1 This final rule will 

allow owners of OSVs regulated under 

the alternate tonnage framework to also 

have their vessels certificated as OSRVs, 

without the need to meet significantly 

higher standards applicable to tank 

vessels. 

Because this final rule provides for 

optional use of an alternative approach 

to meet an existing requirement, there is 

no mandatory cost to the public. The 

authority for this final rule is the 1996 

Coast Guard Authorization Act (the Act) 

(Pub. L. 104–324), as codified in 46 

U.S.C. 3702(f)(2)(A) and 14104(b). 

IV. Background 

The interim final rule, published in 

the Federal Register on Monday, 

December 12, 2011 (76 FR 77128), 

provides a discussion of the background 

of this rulemaking. No comments were 

received on the interim final rule and, 


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