23196 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (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, nor is the Coast Guard aware 

of the existence of any standards that 

address these TSSs. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

M. 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 concluded that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded under section 2.B.2, figure 

2–1, paragraph (34)(i) of the Instruction. 

This rule involves navigational aids, 

which include TSSs. An environmental 

analysis checklist and a categorical 

exclusion determination are available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 167 

Harbors, Marine safety, Navigation 

(water), Waterways. 

Accordingly, the interim rule 

amending 33 CFR part 167, subpart B, 

which was published at 75 FR 77529 on 

December 13, 2010, is adopted as a final 

rule. 

Dated: April 4, 2011. 

Dana A. Goward, 

U.S. Coast Guard, Director of Marine 

Transportation Systems Management. 

[FR Doc. 2011–9892 Filed 4–25–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0946; FRL–9294–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; IL 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Illinois State Implementation Plan 

(SIP) for ozone. The State is revising its 

definition of volatile organic compound 

(VOC) to add two chemical compounds 

to the list of compounds that are exempt 

from being considered a VOC. This 

revision is based on EPA’s 2009 

determination that these two 

compounds do not significantly 

contribute to ozone formation. 

DATES: This direct final rule will be 

effective June 27, 2011, unless EPA 

receives adverse comments by May 26, 

2011. 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–2010–0946, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

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– 

0946. 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 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

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 http:// 

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 http:// 

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 Charles 

Hatten, Environmental Engineer, (312) 

886–6031 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Charles Hatten, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6031, 

hatten.charles@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

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Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 23197 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

A. When did the State submit the SIP 

revision to EPA? 

B. Did Illinois hold public hearings on this 

SIP revision? 

II. What is EPA approving? 

III. What is EPA’s analysis of the SIP 

revision? 

IV. What action is EPA taking today? 

V. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

A. When did the State submit the SIP 

revision to EPA? 

The Illinois Environmental Protection 

Agency (Illinois EPA) submitted a 

revision of the Illinois SIP provision at 

35 Illinois Administrative Code (IAC) 

211.7150(a) to EPA for approval on 

October 25, 2010. The SIP revision at 35 

IAC 211.7150(a) updates the definition 

of ‘‘volatile organic material (VOM) or 

volatile organic compound (VOC).’’ 

B. Did Illinois hold public hearings on 

this SIP revision? 

The Illinois Pollution Control Board 

held a public hearing on the proposed 

SIP revision on November 19, 2009. The 

Board received public comments only 

from Illinois EPA; these comments were 

in support of the proposed revision. 

II. What is EPA approving? 

EPA is approving an Illinois SIP 

revision that adds to the list of 

compounds that are exempt from being 

considered a VOM or VOC. On October 

25, 2010, Illinois EPA submitted its 

revision to Title 35 of IAC 211.7150(a), 

the state’s VOC exemption list, with the 

addition of two chemical compounds— 

propylene carbonate and dimethyl 

carbonate, requesting that this revised 

rule be incorporated into the Illinois SIP 

in place of the current 35 IAC 

211.7150(a). Compounds listed under 35 

IAC 211.7150(a) are excluded from the 

definition of a VOM or VOC. Illinois 

EPA took this action based on EPA’s 

determination that these compounds 

have negligible photochemical 

reactivity. (See 74 FR 3437, January 20, 

2009.) 

III. What is EPA’s analysis of the SIP 

revision? 

In 2009, EPA evaluated petitions 

submitted by manufacturers asking EPA 

to exempt propylene carbonate and 

dimethyl carbonate from the definition 

of VOC and determined that the level of 

reactivity of these two chemical 

compounds is negligible. EPA 

concluded that these two compounds 

make a negligible contribution to 

tropospheric ozone formation (74 FR 

3437, Jan. 21, 2009). Therefore, on 

January 21, 2009, EPA amended 40 CFR 

51.100(s)(1) to exclude propylene 

carbonate and dimethyl carbonate from 

the definition of VOC for purposes of 

preparing SIPs to attain the national 

ambient air quality standard for ozone 

under Title I of the Clean Air Act 

(74 FR 3437). EPA’s action became 

effective on February 20, 2009. Illinois 

EPA’s SIP revision is consistent with 

EPA’s action amending EPA’s definition 

of VOC at 40 CFR 51.100(s). 

IV. What action is EPA taking today? 

EPA is approving a revision to the 

Illinois SIP for ozone which is 

consistent with EPA’s 2009 action 

revising the definition of VOC. The 

Illinois SIP revision adds propylene 

carbonate and dimethyl carbonate 

compounds to the list of compounds 

considered exempt from being a VOC 

compound at 35 IAC 211.7150(a). 

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 June 27, 2011 without further 

notice unless we receive relevant 

adverse written comments by May 26, 

2011. 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. The 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 June 27, 2011. 

V. 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, 

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 

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23198 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations 

1As noted above, the BLM has also published, 

concurrently with this Interim Rule, a proposed 

rule that would make permanent the segregation 

authority included here. There will be a separate 

opportunity for public comment on the proposed 

rule as outlined in the Federal Register notice for 

that rule. 

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 June 27, 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. 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, Ozone, Volatile organic 

compound. 

Dated: April 4, 2011. 

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. 

Subpart O—Illinois 

■ 2. Section 52.720 is amended by 

adding paragraph (c)(187) to read as 

follows: 

§ 52.720 Identification of plan. 

* * * * * 

(c) * * * 

(187) On October 25, 2010, Illinois 

submitted revised regulations that are 

consistent with 40 CFR 51.100(s)(1), as 

amended by 74 FR 3437. The 

compounds propylene carbonate and 

dimethyl were added to the list of 

negligibly reactive compounds excluded 

from the definition of VOC in 35 IAC 

211.7150(a). 

(i) Incorporation by reference. Illinois 

Administrative Code Title 35: 

Environmental Protection, Part 211: 

Definitions and General Provisions, 

Section 211.7150: Volatile Organic 

Matter (VOM) or Volatile Organic 

Compound (VOC), Subsection 

211.7150(a). Effective January 11, 2010. 

[FR Doc. 2011–10027 Filed 4–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Parts 2090 and 2800 

[WO 300–1430–PQ] 

RIN 1004–AE19 

Segregation of Lands—Renewable 

Energy 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of interim temporary 

final rule and opportunity to comment. 

SUMMARY: The Bureau of Land 

Management (BLM) is issuing this 

interim temporary final rule (Interim 

Rule) to amend the BLM’s regulations 

found in 43 CFR parts 2090 and 2800 by 

adding provisions allowing the BLM to 

temporarily segregate from the operation 

of the public land laws, by publication 

of a Federal Register notice, public 

lands included in a pending or future 

wind or solar energy generation right-ofway (ROW) application, or public lands 

identified by the BLM for a potential 

future wind or solar energy generation 

ROW authorization under the BLM’s 

ROW regulations, in order to promote 

the orderly administration of the public 

lands. If segregated under this rule, such 

lands will not be subject to 

appropriation under the public land 

laws, including location under the 

Mining Law of 1872 (Mining Law), but 

not the Mineral Leasing Act of 1920 

(Mineral Leasing Act) or the Materials 

Act of 1947 (Materials Act), subject to 

valid existing rights, for a period of up 

to 2 years. This Interim Rule is effective 

immediately upon publication in the 

Federal Register for a period not to 

exceed 2 years after publication, but 

public comments received within 60 

days of the publication of this rule will 

be considered by the BLM. Any 

necessary changes will be made to the 

Interim Rule. The BLM is also 

publishing in today’s Federal Register a 

proposed rule that would make this 

segregation authority permanent. At the 

completion of the notice and comment 

rulemaking process for the proposed 

rule, or at the end of 2 years, whichever 

occurs first, this Interim Rule will 

expire. 

DATES: Effective date: The Interim Rule 

is effective April 26, 2011 through April 

26, 2013. 

Comment deadline: You should 

submit your comments on the Interim 

Rule on or before June 27, 2011. The 

BLM need not consider, or include in 

the administrative record for the Interim 

Rule, comments that the BLM receives 

after the close of the comment period or 

comments delivered to an address other 

than those listed below (see ADDRESSES). 

ADDRESSES: Mail: Director (630), Bureau 

of Land Management, U.S. Department 

of the Interior, 1849 C St., NW., 

Washington, DC 20240, Attention: 

1004–AE19. Personal or messenger 

delivery: U.S. Department of the 

Interior, Bureau of Land Management, 

20 M Street, SE., Room 2134LM, 

Attention: Regulatory Affairs, 

Washington, DC 20003. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at this Web site. 

FOR FURTHER INFORMATION CONTACT: Ray 

Brady at (202) 912–7312 or the Division 

of Lands, Realty, and Cadastral Survey 

at (202) 912–7350 for information 

relating to the BLM’s renewable energy 

program or the substance of the Interim 

Rule, or Ian Senio at (202) 912–7440 for 

information relating to the rulemaking 

process generally. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339, 24 hours a day, seven days a week 

to contact the above individuals. 

SUPPLEMENTARY INFORMATION: 

I. Public Comment Procedures 

II. Background 

III. Section-by-Section Analysis 

IV. Procedural Matters 

I. Public Comment Procedures 

While this Interim Rule is effective 

immediately upon publication in the 

Federal Register, the BLM still seeks the 

public’s input and will consider any 

comments on the Interim Rule received 

within 60 days after the date of 

publication (see DATES).1 If the BLM 

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