Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 21631 

environment. This rule involves 

establishing a temporary safety zone. 

This rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. 

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 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–621 to read as 

follows: 

§ 165.T11–621 Safety zone; Lucas Oil Drag 

Boats Racing Series; Lake Havasu City, AZ. 

(a) Location. The safety zone includes 

the waters of Thompson Bay 

encompassed by drawing a line from 

point to point along the following 

coordinates: 

Northern Zone line: 

34°27′57.96′′ N, 114°20′48.49′′ W 

34°27′57.71′′ N, 114°20′49.75′′ W 

North West Zone Line: 

34°27′07.99′′ N, 114°21′09.93′′ W 

34°26′51.99′′ N, 114°21′03.83′′ W 

South Zone Line: 

34°27′07.99′′ N, 114°21′09.93′′ W 

34°26′51.99′′ N, 114°21′03.83′′ W 

(b) Enforcement Period. This section 

is effective from 7 a.m. on May 2, 2014, 

until 7 p.m. on May 4, 2014. It will be 

enforced from 7 a.m. to 7 p.m. each day 

(May 2nd, May 3rd, and May 4th, 2014). 

Before the effective period, the Coast 

Guard will publish a Local Notice to 

Mariners (LNM). If the event concludes 

prior to the scheduled termination time, 

the Captain of the Port will cease 

enforcement of this safety zone and will 

announce that fact via Broadcast Notice 

to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, or petty officer 

of the Coast Guard on land or on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port. 

(d) Regulations. (1) In accordance 

with general regulations in 33 CFR part 

165, subpart C, entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Captain of the Port designated 

representative, who can be reached on 

VHF–FM Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: March 4, 2014. 

S.M. Mahoney, 

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

Port San Diego. 

[FR Doc. 2014–08788 Filed 4–16–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0594; FRL–9909–56- 

Region 6] 

Approval and Promulgation of 

Implementation Plans; States of 

Arkansas and Louisiana; Clean Air 

Interstate Rule State Implementation 

Plan Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve revisions submitted to 

the applicable State Implementation 

Plans (SIPs) addressing the 

requirements of EPA’s Clean Air 

Interstate Rule (CAIR) for Arkansas and 

Louisiana. EPA is approving revisions to 

the CAIR NOX Ozone Season allocation 

methodology submitted by the State of 

Arkansas as revisions to the Arkansas 

SIP on September 16, 2009. EPA is also 

approving revisions to the CAIR NOX

Annual and Ozone Season Abbreviated 

SIP for the annual and ozone season 

NOX allocation methodologies and the 

CAIR SO2 SIP submitted by the State of 

Louisiana as revisions to the Louisiana 

SIP on July 1, 2009. EPA has evaluated 

the CAIR SIP revisions for Arkansas and 

Louisiana and determined these 

revisions to be consistent with the 

requirements of CAIR and the Clean Air 

Act (Act or CAA). This action is being 

taken under section 110 of the Act. 

DATES: This direct final rule is effective 

on June 16, 2014 without further notice, 

unless EPA receives relevant adverse 

comment by May 19, 2014. If EPA 

receives such comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2009–0594, by one of the 

following methods: 

(1) www.regulations.gov: Follow the 

on-line instructions. 

(2) Email: Ms. Adina Wiley at 

wiley.adina@epa.gov. 

(3) Mail or Delivery: Ms. Adina Wiley, 

Air Permits Section (6PD–R), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2009– 

0594. 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 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

email, if you believe that it is CBI or 

otherwise protected from disclosure. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that 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 http://www.regulations.gov, 

your email 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 along with any disk or CD– 

ROM submitted. If EPA cannot read 

your comment due to technical 

difficulties and cannot contact you for 


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21632 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 

1Arkansas and Louisiana did not adopt opt-in 

provisions in the original CAIR SIP submittals. 

Arkansas and Louisiana are not subject to the NOX

SIP Call. Therefore, the Arkansas and Louisiana 

CAIR regulations only pertain to EGUs. 

clarification, EPA may not be able to 

consider your comment. Electronic files 

should avoid the use of special 

characters and any form of encryption 

and should be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available at 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

direct final action, please contact Ms. 

Adina Wiley (6PD–R), Air Permits 

Section, Environmental Protection 

Agency, Region 6, 1445 Ross Avenue 

(6PD–R), Suite 1200, Dallas, Texas 

75202–2733, telephone (214) 665–2115; 

email address wiley.adina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

the EPA. 

Table of Contents 

I. Regulatory History of CAIR 

II. General Requirements of CAIR 

III. Analysis of the Arkansas September 

16, 2009, CAIR SIP Revision 

IV. Analysis of the Louisiana July 1, 

2009, CAIR SIP Revision 

V. Final Action 

VI. Statutory and Executive Order 

Reviews 

I. Regulatory History of CAIR 

EPA published CAIR on May 12, 2005 

(70 FR 25162). In CAIR, EPA 

determined that 28 states and the 

District of Columbia contribute 

significantly to nonattainment and 

interfere with maintenance of the 1997 

national ambient air quality standards 

(NAAQS) for fine particles (PM2.5) and/ 

or the 1997 8-hour ozone NAAQS in 

downwind states in the eastern part of 

the country. As a result, EPA required 

those upwind states to revise their SIPs 

to include control measures that reduce 

emissions of sulfur dioxide (SO2), which 

is a precursor to PM2.5 formation, and/ 

or nitrogen oxides (NOX), which is a 

precursor to both ozone and PM2.5

formation. For jurisdictions that 

contribute significantly to downwind 

PM2.5 nonattainment, CAIR sets annual 

state-wide emission reduction 

requirements (i.e., budgets) for SO2 and 

NOX. Similarly, for jurisdictions that 

contribute significantly to 8-hour ozone 

nonattainment, CAIR sets state-wide 

emission budgets for NOX for the ozone 

season (May 1st to September 30th). 

Under CAIR, states may implement 

these reduction requirements by 

participating in the EPA-administered 

cap-and-trade programs or by adopting 

any other control measures. 

Additionally, on April 28, 2006, EPA 

published two additional CAIR-related 

final rules that added the states of 

Delaware and New Jersey to the list of 

states subject to CAIR for 1997 PM2.5

and announced EPA’s final decisions on 

reconsideration of five issues, without 

making any substantive changes to the 

CAIR requirements. On October 19, 

2007, EPA amended CAIR to clarify the 

definition of ‘‘cogeneration unit’’ and, 

thus, the applicability of the CAIR 

trading program to cogeneration units. 

EPA was sued by a number of parties 

on various aspects of CAIR, and on July 

11, 2008, the D.C. Circuit Court found 

CAIR unlawful. North Carolina v. EPA, 

531 F.3d 896 (D.C. Cir. 2008). The 

Court’s original decision vacated CAIR. 

Id. at 929–30. However, the Court 

subsequently remanded CAIR to EPA 

without vacatur because it found that 

allowing CAIR to remain in effect until 

it is replaced would preserve the 

environmental values covered by CAIR. 

On August 8, 2011, EPA finalized its 

Cross State Air Pollution Rule (CSAPR) 

(Transport Rule) intended to replace the 

remanded CAIR. However, on August 

21, 2012, the D.C. Circuit issued a 

decision vacating the Transport Rule. 

EME Homer City Generation, L.P. v. 

EPA, 696 F.3d 7 (D.C. Cir. 2012). The 

Court again ordered EPA to continue 

implementing CAIR in the interim 

pending promulgation of a replacement 

rule. Subsequently, the Supreme Court 

granted the United States’ petition for 

certiorari and agreed to review the D.C. 

Circuit’s decision in EME Homer City, 

and held oral arguments on December 

10, 2013. A decision is currently 

pending. In the meantime, EPA intends 

to act in accordance with the D.C. 

Circuit’s instruction in EME Homer City 

to continue implementing CAIR. CAIR 

requirements are in place, its regional 

control programs are operating while 

EPA develops replacement rules in 

response to the pertinent court 

decisions, and CAIR requirements 

remain in effect for Arkansas and 

Louisiana. The instant actions have no 

impact on the legal status of CAIR or 

CSAPR. 

II. General Requirements of CAIR 

CAIR establishes State-wide emission 

budgets for SO2 and NOX and is to be 

implemented in two phases. The first 

phase of NOX reductions started in 2009 

and continues through 2014, while the 

first phase of SO2 reductions started in 

2010 and continues through 2014. The 

second phase of reductions for both 

NOX and SO2 starts in 2015 and 

continues thereafter. CAIR requires 

States to implement the budgets by 

either: (1) requiring EGUs to participate 

in the EPA-administered cap-and-trade 

programs; or (2) adopting other control 

measures of the State’s choosing and 

demonstrating that such control 

measures will result in compliance with 

the applicable State SO2 and NOX

budgets. 

The May 12, 2005 and April 28, 2006, 

CAIR rules provide model rules that 

States must adopt (with certain limited 

changes, if desired) if they want to 

participate in the EPA-administered 

trading programs. With two exceptions, 

only States that choose to meet the 

requirements of CAIR through methods 

that exclusively regulate EGUs are 

allowed to participate in the EPAadministered trading programs. One 

exception is for States that adopt the 

opt-in provisions of the model rules to 

allow non-EGUs individually to opt into 

the EPA-administered trading programs. 

The other exception applies to States 

that choose to include all non-EGUs 

from their NOX SIP Call trading 

programs in their CAIR NOX ozone 

season trading programs.1

States have the flexibility to choose 

the type of control measures they use to 

meet the requirements of CAIR. EPA 

anticipated that most States would 

choose to meet the CAIR requirements 

by selecting an option that requires 

EGUs to participate in the EPAadministered CAIR cap-and-trade 

programs. For such States, EPA provides 

two approaches for submitting and 

obtaining approval for CAIR SIP 

revisions. States may submit full SIP 

revisions that adopt the model CAIR 

cap-and-trade rules. If approved, these 

SIP revisions fully replace the CAIR 

FIPs. Alternatively, States may submit 

abbreviated SIP revisions. These SIP 

revisions do not replace the CAIR FIPs; 

however, the CAIR FIPs provide that, 

when approved, the provisions in these 

abbreviated SIP revisions be used 


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instead of or in conjunction with, as 

appropriate, the corresponding 

provisions of the CAIR FIPs (e.g., the 

NOX allowance allocation 

methodology). 

III. Analysis of the Arkansas September 

16, 2009, CAIR SIP Revision 

EPA approved the Arkansas CAIR 

NOX Ozone Season SIP on September 

26, 2007, as fully implementing the 

requirements of the CAIR NOX Ozone 

Season Program by requiring certain 

EGUs to participate in the EPAadministered CAIR cap-and-trade 

program for NOX ozone season 

emissions. See 72 FR 54556. Subsequent 

to our full approval of the Arkansas 

CAIR NOX ozone season SIP and the 

withdrawal of the CAIR NOX ozone 

season FIP for Arkansas, the Arkansas 

Department of Environmental Quality 

(ADEQ) submitted on September 16, 

2009, one revision to the Arkansas SIP 

for the CAIR NOX Ozone Season 

program. The September 16, 2009, SIP 

submittal includes revisions to the CAIR 

NOX Ozone Season incorporation by 

reference dates at Regulation 19.1401 

and the allocation methodology at 

Regulation 19.1404 adopted by the 

Arkansas Pollution Control and Ecology 

Commission on December 5, 2008 and 

June 26, 2009. Because we have already 

approved the underlying Arkansas CAIR 

NOX ozone season program as satisfying 

the minimum requirements of CAIR, 

EPA will only evaluate the revisions 

submitted to the Arkansas CAIR NOX

ozone season SIP. 

A. Revisions to Regulation 19.1401 

The ADEQ submitted a revision to the 

incorporation by reference date of the 

CAIR NOX Ozone Season program at 

Regulation 19.1401—Adoption of 

Regulations. In this section, the ADEQ 

incorporates the requirements of 40 CFR 

Part 96, Subparts AAAA—HHHH for the 

CAIR NOX Ozone Season Trading 

Program, as finalized by the EPA on 

May 12, 2005, and further revised on 

April 28, 2006, December 13, 2006 and 

October 19, 2007. EPA finds that the 

ADEQ correctly updated the CAIR 

applicability to address the revisions 

made to the definition of cogeneration 

units on October 19, 2007. EPA is 

approving this revision to the 

incorporation by reference date as 

consistent with the requirements of 

CAIR. 

B. Revisions to Regulation 19.1404 

The ADEQ submitted revisions to the 

Arkansas CAIR NOX Ozone Season 

allocation methodology at Regulation 

19.1404—CAIR NOX Ozone Season 

Allowance Allocations. EPA has 

previously SIP-approved Regulation 

19.1404 as replacing the federal 

allocation methodology at 40 CFR Part 

96, Subpart EEEE. The underlying 

allocation methodology remains 

unchanged, but the ADEQ has adopted 

and submitted non-substantive revisions 

to update cross-references and 

abbreviations. EPA is approving these 

non-substantive revisions as necessary 

to improve clarity and functionality of 

the rule. 

IV. Analysis of the Louisiana July 1, 

2009, CAIR SIP Revision 

A. Revisions to the Louisiana CAIR NOX

Annual and NOX Ozone Season 

Abbreviated SIP 

EPA approved the Louisiana CAIR 

NOX Annual and NOX Ozone Season 

Abbreviated SIP revision on September 

28, 2007. See 72 FR 55064. In that 

action, we evaluated the NOX Annual 

and NOX Ozone Season allocation 

methodologies, found them to be 

consistent with the requirements of the 

CAIR NOX Annual and NOX Ozone 

Season programs, and determined that 

the Louisiana allocation methodology 

was sufficient to replace the CAIR NOX

Annual and NOX Ozone Season FIP 

allocation methodologies. 

Since our September 28, 2007 

approval of the Louisiana abbreviated 

CAIR NOX Annual and NOX Ozone 

Season SIP revision, the LDEQ adopted 

and submitted on July 1, 2009, one 

revision to the Louisiana SIP to revise 

the NOX annual and NOX ozone season 

allocation methodologies at LAC 

33:III.506.A and 506.B. Generally, the 

July 1, 2009, submittal updates the 

citations to address the October 19, 2007 

revisions to CAIR for cogenerators; 

revises and adds definitions to the CAIR 

NOX annual and NOX ozone season 

allocation methodologies; and revises 

the allocation methodology provisions 

as a result of comments and experience 

to promote more equitable distribution 

of allowances specific to the Louisiana 

regulated EGUs. 

1. Revisions to LAC 33:III.506.A—CAIR 

NOX Annual Program 

The LDEQ submitted revisions to the 

CAIR NOX Annual Abbreviated SIP at 

LAC 33:III.506(A) Clean Air Interstate 

Rule Requirements—Nitrogen Oxide 

Annual Program. The LDEQ has revised 

the introductory paragraph to state that 

the requirements of 40 CFR Part 97, 

Subparts AA—HH for the CAIR NOX

Annual Trading Program, as revised on 

October 19, 2007, continue to apply, 

except as modified by the Louisiana 

CAIR NOX Annual abbreviated SIP. The 

abbreviated SIP revision for NOX

Annual Allocation methodology at LAC 

33.III.506(A) will continue to replace 

the requirements at 40 CFR 97.141 and 

97.142 regarding Timing Requirements 

for CAIR NOX Allowance Allocations 

and CAIR NOX Allowance Allocations. 

EPA finds that the LDEQ correctly 

updated the CAIR applicability to 

address the revisions made to the 

definition of cogeneration units on 

October 19, 2007. EPA is approving this 

revision to LAC 33:III.506(A) as 

consistent with the requirements of 

CAIR. 

The LDEQ also submitted revisions to 

the Louisiana CAIR NOX Annual 

Allocation Methodology. These 

revisions are implemented through new 

and amended definitions applicable to 

the Louisiana CAIR NOX Annual 

program at LAC 33:III.506(A)(1) and the 

provisions establishing the allocation 

calculations at LAC 33:III.506(A)(2). 

Combined, these revisions modify the 

Louisiana CAIR NOX annual allocation 

methodology to distribute allowances to 

certified and utility units in a manner 

found to be more equitable by the state 

and add provisions to address 

allocations to repowered units. The 

submitted revisions did not revise any 

of the SIP-approved requirements for 

submittal of the allocations to EPA or 

revise the NOX Annual budget for 

Louisiana. EPA is approving these 

revisions because we find that the LDEQ 

has tailored the CAIR NOX Annual 

allocation methodology to be reflective 

of Louisiana-specific circumstances, as 

is the state’s prerogative under the CAIR 

SIP provisions at 40 CFR 51.123(p)(1). 

2. Revisions to LAC 33:III.506.B—CAIR 

NOX Ozone Season Program 

The LDEQ submitted revisions to the 

incorporation by reference date of the 

CAIR NOX Ozone Season Abbreviated 

SIP at LAC 33:III.506(B) Clean Air 

Interstate Rule Requirements—Nitrogen 

Oxide Ozone Season Program. The 

LDEQ has revised the introductory 

paragraph to state that the requirements 

of 40 CFR Part 97, Subparts AAAA— 

HHHH for the CAIR NOX Ozone Season 

Trading Program, as revised on October 

19, 2007, continue to apply, except as 

modified by the Louisiana CAIR NOX

Ozone Season abbreviated SIP. The 

abbreviated SIP revision for NOX Ozone 

Season Allocation methodology at LAC 

33.III.506(B) will continue to replace the 

requirements at 40 CFR 97.341 and 

97.342 regarding Timing Requirements 

for CAIR NOX Ozone Season Allowance 

Allocations and CAIR NOX Ozone 

Season Allowance Allocations. EPA 

finds that the LDEQ correctly updated 

the CAIR applicability to address the 

revisions made to the definition of 


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cogeneration units on October 19, 2007. 

EPA is approving this revision to LAC 

33:III.506(B) as consistent with the 

requirements of CAIR. 

The LDEQ also submitted revisions to 

the Louisiana CAIR NOX Ozone Season 

Allocation Methodology. These 

revisions are implemented through new 

and amended definitions applicable to 

the Louisiana CAIR NOX Ozone Season 

program at LAC 33:III.506(B)(1) and the 

provisions establishing the allocation 

calculations at LAC 33:III.506(B)(2). 

Combined, these revisions modify the 

Louisiana CAIR NOX ozone season 

allocation methodology to distribute 

allowances to certified and utility units 

in a manner found to be more equitable 

by the state and add provisions to 

address allocations to repowered units. 

The submitted revisions did not revise 

any of the SIP-approved requirements 

for submittal of the allocations to EPA 

or revise the NOX Ozone Season budget 

for Louisiana. EPA is approving these 

revisions because we find that the LDEQ 

has tailored the CAIR NOX Ozone 

Season allocation methodology to be 

reflective of Louisiana-specific 

circumstances, as is the state’s 

prerogative under the CAIR SIP 

provisions at 40 CFR 51.123(ee)(2). 

B. Revisions to the Louisiana CAIR SO2

Program 

On July 20, 2007, EPA approved the 

Louisiana CAIR SO2 SIP as fully 

implementing the annual SO2

requirements of CAIR by requiring 

certain EGUs to participate in the EPAadministered CAIR cap-and-trade 

program for SO2 emissions. See 72 FR 

39741. 

1. Revisions to LAC 33:III.506.C—CAIR 

Annual SO2 Program 

Subsequent to our full approval of the 

Louisiana CAIR SO2 SIP and the 

withdrawal of the CAIR SO2 FIP for 

Louisiana, the LDEQ submitted on July 

1, 2009, a revision to the Louisiana SIP 

for the CAIR SO2 program. The July 1, 

2009, SIP submittal updates the CAIR 

SO2 program incorporation by reference 

dates at LAC 33:III.506.C. In this 

section, the LDEQ incorporates by 

reference the CAIR SO2 program as 

published at 40 CFR Part 96 on July 1, 

2007 and revised on October 19, 2007 at 

72 FR 59190–59207. EPA finds that the 

LDEQ correctly updated the CAIR SO2

incorporation by reference dates to 

include the revisions made to the 

definition of cogeneration units on 

October 19, 2007. EPA is approving this 

revision to the incorporation by 

reference date as consistent with the 

requirements of CAIR. 

V. Final Action 

Under section 110 of the Act, and for 

the reasons stated above, EPA is taking 

direct final action to approve revisions 

to the Arkansas and Louisiana SIPs 

pertaining to CAIR. Specifically, EPA is 

approving revisions to the Arkansas 

CAIR NOX Ozone Season Program at 

Regulation 19.1401 and 19.1404 as 

adopted on December 5, 2008, and 

submitted as revisions to the Arkansas 

SIP on September 16, 2009. EPA is also 

approving revisions to the Louisiana 

CAIR NOX Annual and Ozone Season 

Program for the annual and ozone 

season NOX allocation methodologies at 

LAC 33:III.506 (A) and (B) and the 

Louisiana CAIR SO2 Program at LAC 

33:III.506(C) adopted on June 20, 2008, 

by the State of Louisiana and submitted 

as revisions to the Louisiana SIP on July 

1, 2009. 

We are approving the revisions to the 

Arkansas and Louisiana SIPs under 

section 110 of the Act. We are 

publishing this rule without prior 

proposal because we view this as a 

noncontroversial amendment and 

anticipate no relevant 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 SIP revision if 

relevant adverse comments are received. 

This rule will be effective on June 16, 

2014 without further notice unless we 

receive relevant adverse comment by 

May 19, 2014. If we receive relevant 

adverse comments, we will publish a 

timely withdrawal in the Federal 

Register informing the public that the 

rule will not take effect. We will address 

all public comments in a subsequent 

final rule based on the proposed rule. 

We will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so 

now. Please note that if we receive 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, we may adopt as 

final those provisions of the rule that are 

not the subject of an adverse comment. 

VI. 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: 

• 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 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 21635 

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 16, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposed 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, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: April 2, 2014. 

Samuel Coleman, 

Acting Regional Administrator, Region 6. 

40 CFR Part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart E—Arkansas 

■ 2. In § 52.170(c), the table titled ‘‘EPAApproved Regulations in the Arkansas 

SIP’’ is amended by revising the entries 

for Reg. 19.1401 and Reg 19.1404. 

§ 52.170 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE ARKANSAS SIP 

State citation Title/Subject 

State 

submittal/ 

effective date 

EPA approval date Explanation 

*******

Reg. 19.1401 ......... Adoption of Regulations .............. 9/16/2009 4/17/2014 [Insert FR page number where document begins]..

*******

Reg. 19.1404 ......... CAIR NOX Ozone Season Allowance Allocations.9/16/2009 4/17/2014 [Insert FR page number where document begins]..

*******

* * * * * 

Subpart T—Louisiana 

■ 3. In § 52.970(c), the table titled ‘‘EPA 

Approved Louisiana Regulations in the 

Louisiana SIP’’ is amended by revising 

the entries for Sections 506(A), 506(B), 

and 506(C). 

§ 52.970 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP 

State citation Title/Subject State approval 

date EPA approval date Explanation 

*******

Section 506(A) ...... Clean Air Interstate Rule Requirements—Nitrogen Oxide 

Annual Program.

6/20/2008 4/17/2014 [Insert FR page number where document begins].

Section 506(B) ...... Clean Air Interstate Rule Requirements—Nitrogen Oxide 

Ozone Season Program.

6/20/2008 4/17/2014 [Insert FR page number where document begins].

Section 506(C) ...... Clean Air Interstate Rule Requirements—Annual Sulfur Dioxide.6/20/2008 4/17/2014 [Insert FR page number where document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2014–08647 Filed 4–16–14; 8:45 am] 

BILLING CODE 6560–50–P 


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21636 Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

49 CFR Part 229 

Locomotive Safety Standards 

CFR Correction 

In Title 49 of the Code of Federal 

Regulations, Parts 200 to 299, revised as 

of October 1, 2013, on page 501, 

§ 229.17 is reinstated to read as follows: 

§ 229.17 Accident reports. 

(a) In the case of an accident due to 

a failure from any cause of a locomotive 

or any part or appurtenance of a 

locomotive, or a person coming in 

contact with an electrically energized 

part or appurtenance, that results in 

serious injury or death of one or more 

persons, the carrier operating the 

locomotive shall immediately report the 

accident by toll free telephone, Area 

Code 800–424–0201. The report shall 

state the nature of the accident, number 

of persons killed or seriously injured, 

the place at which it occurred, the 

location at which the locomotive or the 

affected parts may be inspected by the 

FRA, and the name, title and phone 

number of the person making the call. 

The locomotive or the part or parts 

affected by the accident shall be 

preserved intact by the carrier until after 

the FRA inspection. 

(b) Written confirmation of the oral 

report required by paragraph (a) of this 

section shall be immediately mailed to 

the Federal Railroad Administration, 

RRS–25, Washington, D.C. 20590, and 

contain a detailed description of the 

accident, including to the extent known, 

the causes and the number of persons 

killed and injured. The written report 

required by this paragraph is in addition 

to the reporting requirements of 49 CFR 

Part 225. 

[FR Doc. 2014–08931 Filed 4–16–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 131231999–4319–01] 

RIN 0648–BD87 

Temporary Rule To Establish Separate 

Annual Catch Limits and 

Accountability Measures for Blueline 

Tilefish in the South Atlantic Region 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: NMFS issues this temporary 

rule to reduce the amount of blueline 

tilefish that may be harvested in the 

exclusive economic zone (EEZ) of the 

South Atlantic by removing the blueline 

tilefish portion from the deep-water 

complex annual catch limit (ACL) and 

establishing separate commercial and 

recreational ACLs and accountability 

measures (AMs) for blueline tilefish. At 

its December 2013 meeting, the South 

Atlantic Fishery Management Council 

(Council) requested emergency action 

regarding blueline tilefish given new 

stock assessment results that indicate 

the blueline tilefish stock is overfished 

and undergoing overfishing in the South 

Atlantic. This temporary rule is based 

upon the best scientific information 

available, and will be effective for 180 

days, unless superseded by subsequent 

rulemaking. NMFS may extend the 

rule’s effectiveness for an additional 186 

days pursuant to the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). The intent 

of this rulemaking is to reduce 

overfishing of blueline tilefish in the 

South Atlantic. 

DATES: This temporary rule is effective 

April 17, 2014, through October 14, 

2014. Comments may be submitted 

through May 19, 2014. 

ADDRESSES: You may submit comments 

on the temporary rule, identified by 

‘‘NOAA–NMFS–2014–0027’’, by any of 

the following methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0027, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Rick DeVictor, Southeast Regional 

Office, NMFS, 263 13th Avenue South, 

St. Petersburg, FL 33701. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Electronic copies of the documents in 

support of this temporary rule may be 

obtained from the Southeast Regional 

Office Web site at http://

sero.nmfs.noaa.gov/sustainable_

fisheries/s_atl/sg/2014/acl_er/

index.html. 

FOR FURTHER INFORMATION CONTACT: Rick 

DeVictor, Southeast Regional Office, 

NMFS, telephone: 727–824–5305, email: 

Rick.DeVictor@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage South Atlantic 

snapper-grouper species, including 

blueline tilefish, under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The Council prepared the 

FMP and NMFS implements the FMP 

through regulations at 50 CFR part 622 

under the authority of the MagnusonStevens Act. The Magnuson-Stevens Act 

provides the legal authority for the 

promulgation of emergency regulations 

under section 305(c) (16 U.S.C. 1855(c)). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on a continuing basis, the 

optimum yield from federally managed 

fish stocks. These mandates are 

intended to ensure that fishery 

resources are managed for the greatest 

overall benefit to the nation, particularly 

with respect to providing food 

production and recreational 

opportunities, and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

managers to end overfishing of stocks 

and to minimize bycatch and bycatch 

mortality to the extent practicable. 

On March 16, 2012, NMFS published 

a final rule for the Comprehensive ACL 

Amendment (77 FR 15916) which 

established a deep-water complex ACL 

for yellowedge grouper, blueline 

tilefish, silk snapper, misty grouper, 

sand tilefish, queen snapper, black 

snapper, and blackfin snapper. The 

commercial ACL for the deep-water 

complex is 376,469 lb (170,763 kg), 

round weight, and the recreational ACL 

for the deep-water complex is 334,556 

lb (151,752 kg), round weight, for a total 


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