41914 Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0593] 

Safety Zones; Annual Fireworks 

Events in the Captain of the Port 

Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: At various times throughout 

the month of July, the Coast Guard will 

enforce certain safety zones located in 

33 CFR 165.939. This action is 

necessary and intended for the safety of 

life and property on navigable waters 

during this event. During each 

enforcement period, no person or vessel 

may enter the respective safety zone 

without the permission of the Captain of 

the Port Buffalo. 

DATES: The regulations in 33 CFR 

165.939 will be enforced on July 14, 

2012 from 9:15 p.m. to 11:00 p.m., and 

again on July 28, 2012 from 9:00 p.m. 

to 10:30 p.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Waterways Management 

Division, Coast Guard Sector Buffalo, 

1 Fuhrmann Blvd., Buffalo, NY 14203; 

Coast Guard telephone 716–843–9343, 

email 

SectorBuffaloMarineSafety@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zones; 

Annual Fireworks Events in the Captain 

of the Port Buffalo Zone listed in 33 CFR 

165.939 for the following events: 

(1) Fairport Harbor Mardi Gras, 

Fairport Harbor, OH; The safety zone 

listed in 33 CFR 165.939(a)(17) will be 

enforced from 9:00 p.m. to 10:20 p.m. 

on July 8, 2012. 

(2) French Festival Fireworks, Cape 

Vincent, NY; The safety zone listed in 

33 CFR 165.939(a)(3) from 9:15 p.m. to 

11:00 p.m. on July 14, 2012. 

(3) Oswego Harborfest, Oswego, NY; 

The safety zone listed in 33 CFR 

165.939(a)(8) from 9:00 p.m. to 

10:30 p.m. on July 28, 2012. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within these 

safety zones during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or his 

designated representative. Those 

seeking permission to enter one of these 

safety zones may request permission 

from the Captain of the Port Buffalo via 

channel 16, VHF–FM. Vessels and 

persons granted permission to enter one 

of these safety zones shall obey the 

directions of the Captain of the Port 

Buffalo or his designated representative. 

While within a safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.939 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of these enforcement 

periods via Broadcast Notice to 

Mariners or Local Notice to Mariners. If 

the Captain of the Port Buffalo 

determines that one of these safety 

zones need not be enforced for the full 

duration stated in this notice he or she 

may use a Broadcast Notice to Mariners 

to grant general permission to enter the 

respective safety zone. 

Dated: June 29, 2012. 

S.M. Wischmann, 

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

Port Buffalo. 

[FR Doc. 2012–17315 Filed 7–16–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0406; FRL–9699–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Indiana Department of 

Environmental Management (IDEM) on 

May 14, 2012, to revise the Indiana State 

Implementation Plan (SIP). The 

submission revises the Indiana 

Administrative Code (IAC) definition of 

‘‘References to the Code of Federal 

Regulations,’’ from the 2009 edition to 

the 2011 edition. 

DATES: This rule is effective on 

September 17, 2012, unless EPA 

receives adverse written comments by 

August 16, 2012. If EPA receives 

adverse comments, EPA will publish a 

timely withdrawal of the rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2012–0406 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–2012– 

0406. 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 

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 


sroberts on DSK5SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations 41915 

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 Charles 

Hatten, Environmental Engineer, at 

(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 

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

A. When did the State submit the 

requested SIP revision to EPA? 

B. Did Indiana hold public hearings on this 

SIP revision? 

II. What Revision did the State request be 

incorporated into the SIP? 

III. What action is EPA taking today? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

A. When did the State submit the 

requested SIP revision to EPA? 

IDEM submitted the requested SIP 

revision, consisting primarily of an 

updated reference to the 2011 Code of 

Federal Regulations (CFR), on May 14, 

2012. 

B. Did Indiana hold public hearings on 

this SIP revision? 

IDEM held public hearings on 

February 1, 2012. IDEM did not receive 

any public comments concerning the 

SIP revision. 

II. What revision did the State request 

be incorporated into the SIP? 

The State has requested that the SIP 

revision include: 

Rule 326 IAC 1–1–3, definition of 

‘‘References to Code of Federal 

Regulations.’’ IDEM updated the 

reference to the CFR in 326 IAC 1–1–3 

from the 2009 edition to the 2011 

edition. This is solely an administrative 

change that allows Indiana to reference 

a more current version of the CFR. By 

amending 326 IAC 1–1–3 to reference 

the most current version of the CFR, the 

provision in Title 326 of the IAC will be 

consistent and current with federal 

regulations. 

III. What action is EPA taking today? 

We are approving a revisions to the 

Indiana SIP to update the definition at 

326 IAC 1–1–3, ‘‘References to the 

CFR,’’ to refer to the 2011 edition. 

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 September 17, 2012 without 

further notice unless we receive relevant 

adverse written comments by August 

16, 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. The EPA 

will not institute a second comment 

period. Any parties interested in 

commenting on this action should do so 

at this time. If we do not receive any 

comments, this action will be effective 

September 17, 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, 

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 September 17, 

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 


sroberts on DSK5SPTVN1PROD with RULES
41916 Federal Register / Vol. 77, No. 137 / Tuesday, July 17, 2012 / Rules and Regulations 

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 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 27, 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. 

Subpart P—Indiana 

■ 2. In § 52.770 the table in paragraph 

(c) is amended by revising the entry for 

1–1–3 under Article 1, Rule 1, 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 1. General Provisions 

Rule 1. Provisions Applicable Throughout Title 326 

*******

1–1–3 .................................................. References to the Code of Federal 

Regulations.

4/27/2012 7/17/2012, [Insert page number 

where the document begins].

* * * * * * * 

* * * * * 

[FR Doc. 2012–17266 Filed 7–16–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0724, FRL–9676–6] 

Approval and Promulgation of 

Implementation Plans; Idaho: 

Infrastructure Requirements for the 

1997 8-Hour Ozone National Ambient 

Air Quality Standard; Prevention of 

Significant Deterioration Greenhouse 

Gas Permitting Authority and Tailoring 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) submittals 

from the State of Idaho demonstrating 

that the Idaho SIP meets the 

requirements of section 110(a)(1) and (2) 

of the Clean Air Act (CAA) for the 

National Ambient Air Quality Standard 

(NAAQS) promulgated for ozone on July 

18, 1997. EPA finds that the current 

Idaho SIP meets the following 110(a)(2) 

infrastructure elements for the 1997 

8-hour ozone NAAQS: (A), (B), (C), 

(D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J), (K), 

(L), and (M). EPA is taking no action on 

CAA section 110(a)(2)(E)(ii) at this time. 

We will address the requirements of this 

sub-element in a separate action. EPA is 

also approving a SIP revision that 

applies Idaho’s Prevention of Significant 

Deterioration (PSD) Program to 

greenhouse gas (GHG) emitting sources 

above certain thresholds, updates 

Idaho’s SIP to incorporate by reference 

revised versions of specific federal 

regulations, and removes unnecessary 

language from the SIP due to the 

incorporation by reference of the federal 

NAAQS and PSD regulations. In 

addition, EPA is rescinding the Federal 

Implementation Plan (FIP) put in place 

to ensure the availability of a permitting 

authority for greenhouse gas emitting 

sources in Idaho. 

DATES: This action is effective on 

August 16, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2011–0724. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. EPA 

requests that you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at telephone number: (206) 

553–6357, email address: 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Scope of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone. EPA revised the 

ozone NAAQS to provide an 8-hour 


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