35806 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Proposed Rules 

Continental Shelf of the Unites States, 

the resources thereof and the waters 

superjacent thereto; and the 

recreational, economic, and scenic 

values of such waters and resources. 

Precautionary area means a routing 

measure comprising an area within 

defined limits where vessels must 

navigate with particular caution and 

within which the direction of traffic 

flow may be recommended. 

Traffic lane means an area within 

defined limits in which one-way traffic 

is established. Natural obstacles, 

including those forming separation 

zones, may constitute a boundary. 

Traffic Separation Scheme or TSS 

means a routing measure aimed at the 

separation of opposing streams of traffic 

by appropriate means and by the 

establishment of traffic lanes. 

Vessel routing system means any 

system of one or more routes or routing 

measures aimed at reducing the risk of 

casualties; it includes traffic separation 

schemes, two-way routes, recommended 

tracks, areas to be avoided, no anchoring 

areas, inshore traffic zones, 

roundabouts, precautionary areas, and 

deep-water routes. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The Coast Guard published a notice of 

study in the Federal Register on 

December 10, 2009 (74 FR 65543), 

entitled ‘‘Port Access Route Study: Off 

San Francisco’’ and completed the study 

in February, 2011. 

The study area encompassed the 

traffic separation scheme off San 

Francisco and extended to the limit of 

the Coast Guard San Francisco Vessel 

Traffic Service (VTS) area of 

responsibility in order to analyze traffic 

patterns of vessels departing from or 

approaching the current traffic lanes. 

The VTS area covers the seaward 

approaches within a 38 nautical mile 

radius of Mount Tamalpais (37[deg] 

55.8’N, 122[deg] 34.6’W). The coverage 

area is annotated on National Oceanic 

and Atmospheric Administration 

(NOAA) chart number 18645. 

The primary purpose of the study was 

to reconcile the need for safe access 

routes with other reasonable waterway 

uses, to the extent practical. The goal of 

the study was to help reduce the risk of 

marine casualties and increase the 

efficiency of vessel traffic in the study 

area. When vessels follow predictable 

and charted routing measures, 

congestion may be reduced, and 

mariners may be better able to predict 

where vessel interactions may occur and 

act accordingly. The Coast Guard 

studied whether extending the traffic 

separation scheme would increase the 

predictability of vessel movements and 

what the impact might be on fishing 

vessels operating in the area. The study 

also assessed potential impacts on the 

Gulf of the Farallons and Cordell Bank 

National Marine Sanctuaries and the 

marine environment if the traffic lanes 

were extended or modified. The Coast 

Guard announced the notice of study in 

the Federal Register on December 10, 

2009 (74 FR 65543), entitled ‘‘Port 

Access Route Study: Off San Francisco.’’ 

Due to the lack of a substantive number 

of comments in response to the original 

notice and our strong desire to engage 

the public in the study process, we 

announced a public meeting to be held 

October 20, 2010 at the Executive Inn 

and Suites in Oakland California. The 

Coast Guard also sent out a press release 

to local media and news outlets to help 

solicit public comment. 

The recommendations of the PARS 

are based in large part on the comments 

received, public outreach, and 

consultation with other government 

agencies. 

Study Recommendations 

The PARS evaluated 5 separate 

concerns that resulted in 7 

recommendations intended to improve 

the safety of vessel traffic in the study 

area, as well as adhere to governing 

regulations regarding the National 

Marine Sanctuaries. The actual PARS 

should be consulted for a detailed 

explanation of each recommendation. 

The PARS also contains a chartlet of the 

proposed changes to the TSS. It can be 

accessed as described in the Viewing 

the comments and ‘‘Port Access Route 

Study Approaches to San Francisco 

Bay’’ February 2011 section of this 

notice. The PARS recommendations 

include: 

• Extend the northern TSS 17nm to 

the northern end of the VTS San 

Francisco area of responsibility. 

• Add a dog leg turn in the northern 

TSS just below the 38th parallel to keep 

vessels on a predictable path in a prime 

area for fishing. 

• Change the current flared 

configuration of the northern TSS to a 

3 mile wide approach. The 3 mile wide 

TSS would consist of 1 nautical mile 

wide lanes, separated by a 1 nautical 

mile wide separation zone. 

• Extend the western TSS 3nm 

seaward to the 200 fathom contour at 

the edge of the continental shelf. 

• Shift the seaward end of the 

outbound lane closest to the Farallon 

Islands in the western TSS 3.7 nautical 

miles to the south. No shift in the 

inbound lane of the western TSS. 

• Change the current flared 

configuration of the western TSS to a 3 

mile wide approach. The 3 mile wide 

TSS would consist of 1 nautical mile 

wide lanes, separated by a 1 nautical 

mile wide separation zone. 

• Extend the southern TSS 8.5NM to 

the southern end of the VTS San 

Francisco area of responsibility. 

Conclusion 

The PARS contains 7 

recommendations, which would require 

the approval of the International 

Maritime Organization for 

implementation. The Coast Guard will 

follow the Federal rulemaking process 

for implementation of any of the 

proposed changes to the traffic 

separation schemes. This process will 

also include section 7 consultations 

with the National Marine Fisheries 

Service in accordance with the 

Endangered Species Act. This will 

provide ample opportunity for 

additional comments on proposed 

changes to the existing vessel routing 

system through a notice of proposed 

rulemaking (NPRM) published in the 

Federal Register. 

Dated: May 20, 2011. 

J.R. Castillo, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2011–15167 Filed 6–17–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2005–0084; FRL–9320–7] 

RIN 2060–AM37 

Amendments to National Emission 

Standards for Hazardous Air Pollutants 

for Area Sources: Plating and 

Polishing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On June 12, 2008, EPA issued 

national emission standards for control 

of hazardous air pollutants (HAP) for 

the plating and polishing area source 

category under section 112 of the Clean 

Air Act (CAA). In today’s action, EPA is 

proposing to amend the national 

emission standards for control of 

hazardous air pollutants (NESHAP) for 

the plating and polishing area source 

category published on June 12, 2008. 

The amendments to the area source 

standards for plating and polishing area 

sources would clarify that the emission 

control requirements of the plating and 

polishing area source NESHAP do not 


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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Proposed Rules 35807 

apply to any bench-scale activities. 

Also, the amendments include several 

technical corrections and clarifications 

that do not make significant changes in 

the rule’s requirements. In the ‘‘Rules 

and Regulations’’ section of this Federal 

Register, we are amending the area 

source standards for plating and 

polishing area sources as a direct final 

rule without a prior proposed rule. If we 

receive no adverse comment, we will 

not take further action on this proposed 

rule. 

DATES: Written comments must be 

received by July 20, 2011. If EPA 

receives adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2005–0084, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: Comments may be sent by 

electronic mail (e-mail) to a-and-rdocket@epa.gov, Attention Docket ID 

No. EPA–HQ–OAR–2005–0084. 

• Fax: Fax your comments to: (202) 

566–9744, Attention Docket ID No. 

EPA–HQ–OAR–2005–0084. 

• Mail: Send your comments to: Air 

and Radiation Docket and Information 

Center, Environmental Protection 

Agency, Mailcode: 2822T, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OAR–2005–0084. Please 

include a total of two copies. 

• Hand Delivery: In person or by 

courier, deliver comments to: EPA 

Docket Center, Room 3334, 1301 

Constitution Avenue, NW., Washington, 

DC 20004. Such deliveries are accepted 

only during the Docket’s normal hours 

of operation and special arrangements 

should be made for deliveries of boxed 

information. Please include a total of 

two copies. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2005– 

0084. 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 

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 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 EPA Docket Center, Public Reading 

Room, EPA West Building, Room 3334, 

1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m. Eastern Standard Time (EST), 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the Air 

and Radiation Docket is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Donna Lee Jones, Sector Policies and 

Programs Division, Office of Air Quality 

Planning and Standards (D243–02), 

Environmental Protection Agency, 

Research Triangle Park, North Carolina 

27711, telephone number: (919) 541– 

5251; fax number: (919) 541–3207; email address: Jones.DonnaLee@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

information presented in this preamble 

is organized as follows: 

I. Why is EPA issuing this proposed rule? 

II. Does this action apply to me? 

III. Where can I get a copy of this document? 

IV. Why are we amending this rule? 

V. What amendments are we making to this 

rule? 

VI. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

I. Why is EPA issuing this proposed 

rule? 

This document proposes to take 

action on amendments to the national 

emission standards for plating and 

polishing operations that are area 

sources (40 CFR part 63, subpart 

WWWWWW). We have published a 

direct final rule amending the area 

source standards for plating and 

polishing operations in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. 

If we receive no adverse comment by 

July 20, 2011, we will not take further 

action on this proposed rule. If we 

receive adverse comment, we will 

withdraw the direct final rule and it will 

not take effect. We would address all 

public comments in any subsequent 

final rule based on this proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

II. Does this action apply to me? 

The regulated categories and entities 

potentially affected by the proposed rule 

include: 


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35808 Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Proposed Rules 

Category NAICS 

code1 Examples of regulated entities 

Industry ....................................................... 332813 Area source facilities engaged in any one or more types of nonchromium electroplating; electropolishing; electroforming; electroless plating, including thermal metal 

spraying, chromate conversion coating, and coloring; or mechanical polishing of 

metals and formed products for the trade. Regulated sources do not include chromium electroplating and chromium anodizing sources, as those sources are subject to 40 CFR part 63, subpart N, ‘‘Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.’’ 

Manufacturing ............................................. 32,33 Area source establishments engaged in one or more types of nonchromium electroplating; electropolishing; electroforming; electroless plating, including thermal metal 

spraying, chromate conversion coating, and coloring; or mechanical polishing of 

metals and formed products for the trade. Examples include: 33251, Hardware 

Manufacturing; 323111, Commercial Gravure Printing; 332116, Metal Stamping; 

332722, Bolt, Nut, Screw, Rivet, and Washer Manufacturing; 332811, Metal Heat 

Treating; 332812, Metal Coating, Engraving (except Jewelry and Silverware), and 

Allied Services to Manufacturers; 332913, Plumbing Fixture Fitting and Trim Manufacturing; Other Metal Valve and Pipe Fitting Manufacturing; 332999, All Other 

Miscellaneous Fabricated Metal Product Manufacturing; 334412, Bare Printed Circuit Board Manufacturing; 336412, Aircraft Engine and Engine Parts Manufacturing; and 339911, Jewelry (except Costume) Manufacturing. 

1 North American Industry Classification System. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this proposed action. To 

determine whether your facility would 

be regulated by this proposed action, 

you should examine the applicability 

criteria in 40 CFR 63.11475 of subpart 

WWWWWW (NESHAP: Area Source 

Standards for Plating and Polishing 

Operations). If you have any questions 

regarding the applicability of this action 

to a particular entity, consult either the 

air permit authority for the entity or 

your EPA regional representative as 

listed in § 63.13 of the General 

Provisions to part 63 (40 CFR part 63, 

subpart A). 

III. Where can I get a copy of this 

document? 

In addition to being available in the 

docket, an electronic copy of this 

proposed action will also be available 

on the Worldwide Web (WWW) through 

the Technology Transfer Network 

(TTN). Following signature, a copy of 

this proposed action will be posted on 

the TTN’s policy and guidance page for 

newly proposed or promulgated rules at 

the following address: http:// 

www.epa.gov/ttn/oarpg/. The TTN 

provides information and technology 

exchange in various areas of air 

pollution control. 

IV. Why are we amending this rule? 

On July 1, 2008 (73 FR 37741), we 

issued the NESHAP for Area Sources: 

Plating and Polishing (40 CFR part 63, 

subpart WWWWWW). The final rule 

establishes air emission control 

requirements for new and existing 

facilities that are area sources of 

hazardous air pollutants. The final 

standards establish emission standards 

in the form of management practices for 

new and existing tanks, thermal 

spraying equipment, and dry 

mechanical polishing equipment in 

certain plating and polishing processes. 

These final emission standards reflect 

EPA’s determination regarding the 

generally achievable control technology 

(GACT) and management practices for 

the area source category. 

In the time period since 

promulgation, it has come to our 

attention that certain aspects of the rule 

as promulgated have led to 

misinterpretations, inconsistencies, and 

confusion regarding the applicability of 

the rule. Therefore, we are amending 

and correcting parts of the rule to 

address these issues. 

V. What are the changes to the area 

source NESHAP for plating and 

polishing operations? 

We are amending this rule to clarify 

and correct inconsistencies and 

inadequacies of the rule language that 

have come to our attention since 

promulgation. For a detailed description 

of the proposed amendments, see the 

information provided in the direct final 

rule published in the Rules and 

Regulations section of this Federal 

Register. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13565: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. These 

proposed amendments clarify that the 

emission control requirements of the 

plating and polishing area source rule 

do not apply to bench-scale activities. 

Also, several technical corrections and 

clarifications that do not make material 

changes in the rule’s requirements have 

been made to the rule text. No new 

burden is associated with these 

requirements because the burden was 

included in the approved information 

collection request (ICR) for the existing 

rule. However, the Office of 

Management and Budget (OMB) has 

previously approved the information 

collection requirements contained in the 

existing regulations (40 CFR part 63 

subpart WWWWWW) under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number control 

number 2060–0623. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule would not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 


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Federal Register / Vol. 76, No. 118 / Monday, June 20, 2011 / Proposed Rules 35809 

small not-for-profit enterprises, and 

small governmental jurisdictions. 

For the purposes of assessing the 

impacts of this proposed rule on small 

entities, small entity is defined as: (1) A 

small business that meets the Small 

Business Administration size standards 

for small businesses at 13 CFR 121.201 

(whose parent company has fewer than 

500 employees for NAICS code 332813); 

(2) a small governmental jurisdiction 

that is a government of a city, county, 

town, school district, or special district 

with a population of less than 50,000; 

and (3) a small organization that is any 

not-for-profit enterprise which is 

independently owned and operated and 

is not dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

We have determined that the small 

entities in this area source category will 

not incur any adverse impacts because 

this action makes only technical 

corrections and clarifications that 

increase flexibility and does not create 

any new requirements or burdens. No 

costs are associated with these 

amendments to the NESHAP. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. The term 

‘‘enforceable duty’’ does not include 

duties and conditions in voluntary 

Federal contracts for goods and services. 

Thus, this action is not subject to the 

requirements of sections 202 or 205 of 

the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

technical corrections and clarifications 

made through this action contain no 

requirements that apply to such 

governments, impose no obligations 

upon them, and will not result in any 

expenditures by them or any 

disproportionate impacts on them. 

E. Executive Order 13132: Federalism 

This proposed rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. The proposed 

rule makes certain technical corrections 

and clarifications to the NESHAP for 

plating and polishing area sources. 

These proposed corrections and 

clarifications do not impose 

requirements on State and local 

governments. Thus, Executive Order 

13132 does not apply to the proposed 

rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed action does not have 

tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 6, 2000). This proposed rule 

makes certain technical corrections and 

clarifications to the NESHAP for plating 

and polishing area sources. These 

proposed corrections and clarifications 

do not impose requirements on tribal 

governments. They also have no direct 

effects on tribal governments, on the 

relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern health or safety risks, such that 

the analysis required under section 5– 

501 of the Executive Order has the 

potential to influence the regulation. 

This action is not subject to Executive 

Order 13045 because it makes technical 

corrections and clarifications to the area 

source NESHAP for plating and 

polishing area sources which is based 

solely on technology performance. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed action is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001) because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act (NTTAA) of 1995 (Pub. L. 104–113, 

section 12(d), 15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards (VCS) in its regulatory 

activities, unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. The VCS are 

technical standards (e.g., materials 

specifications, test methods, sampling 

procedures, and business practices) that 

are developed or adopted by VCS 

bodies. The NTTAA directs EPA to 

provide Congress, through the Office of 

Management and Budget, explanations 

when the Agency does not use available 

and applicable VCS. 

This proposed rule does not involve 

technical standards. Therefore, EPA did 

not consider the use of any VCS. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. The technical 

corrections and clarifications in this 

proposed rule do not change the level of 

control required by the NESHAP. 

List of Subjects in 40 CFR Part 63 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: June 14, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–15273 Filed 6–17–11; 8:45 am] 

BILLING CODE 6560–50–P 


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