Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 66543 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. 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 determined that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone on a waterway during the 

demolition of the Alliance Road Bridge 

and is not expected to result in any 

significant adverse environmental 

impact as described in NEPA. This rule 

is categorically excluded from further 

review under paragraph (34)(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

categorical exclusion determination will 

be made available in the docket where 

indicated under ADDRESSES. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this rule. 

List of Subjects 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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

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

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–0902 to read as 

follows: 

§ 165.T08–0902 Safety Zone; Alliance 

Road Bridge Demolition; Black Warrior 

River, Locust Fork; Birmingham, AL. 

(a) Location. The following area is a 

safety zone: A portion of the Locust 

Fork to the Black Warrior River, 

Birmingham, AL to include all waters 

between river mile 392 and river mile 

393. 

(b) Effective dates. This rule is 

effective and enforceable with actual 

notice from October 10, 2012 through 

November 30, 2012. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Mobile or a 

designated representative. 

(2) Persons or vessels desiring to enter 

into or passage through the zone must 

request permission from the Captain of 

the Port Mobile or a designated 

representative. They may be contacted 

on VHF–FM channels 16 or by 

telephone at 251–441–5976. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the Captain of the 

Port or designated representative. 

(d) Informational Broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

Dated: October 10, 2012. 

D.J. Rose, 

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

Port Mobile. 

[FR Doc. 2012–27026 Filed 11–5–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0381; FRL–9747–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Requirements for 

Prevention of Significant Deterioration 

and Nonattainment New Source 

Review; Fine Particulate Matter (PM2.5); 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

omission in the final rule document 

published on October 2, 2012, 

announcing EPA’s final approval of 

several revisions to the Delaware State 

Implementation Plan (SIP). The 

revisions pertain to preconstruction 

requirements under the Prevention of 

Significant Deterioration (PSD) and 

nonattainment New Source Review 

(NSR) programs. The correction of this 

omission does not change EPA’s final 

action to approve these regulations or 

their effectiveness. 

DATES: This correcting amendment is 

effective November 6, 2012 and is 

applicable beginning November 1, 2012. 


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66544 Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Gerallyn Duke, (215) 814–2084 or by 

email at duke.gerallyn@.epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 2, 2012 (77 FR 60053), EPA 

published a final rulemaking action 

announcing its approval of revisions to 

the Delaware SIP pertaining to 

preconstruction requirements for fine 

particulate matter (PM2.5) under the PSD 

and nonattainment NSR programs. In 

addition, that action approved select 

portions of several Delaware SIP 

submittals intended to address the 

‘‘infrastructure’’ requirements of CAA 

section 110(a)(2). Our approval of those 

infrastructure elements was discussed 

in the preamble to the final rulemaking 

action. However, the document 

inadvertently omitted necessary 

revisions to table (e) of section 52.420 

which incorporate the specific revisions 

which are the subject of the final 

rulemaking action. This action corrects 

that oversight. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making this rule final without prior 

proposal and opportunity for comment 

because it merely corrects an incorrect 

citation in a previous action. Thus, 

notice and public procedure are 

unnecessary. EPA finds that this 

constitutes good cause under 5 U.S.C. 

553(b)(3)(B). 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

review by the Office of Management and 

Budget. For this reason, this action is 

also not subject to Executive Order 

13211, ‘‘Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 Fed. Reg. 

28355 (May 22, 2001)). Because the 

agency has made a ‘‘good cause’’ finding 

that this action is not subject to noticeand-comment requirements under the 

Administrative Procedures Act or any 

other statute as indicated in the 

SUPPLEMENTARY INFORMATION section 

above, it is not subject to the regulatory 

flexibility provisions of the Regulatory 

Flexibility Act (5 U.S.C 601 et seq.), or 

to sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments or impose a 

significant intergovernmental mandate, 

as described in sections 203 and 204 of 

UMRA. This rule also does not have a 

substantial direct effect on one or more 

Indian tribes, 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000), nor 

will it 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 governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. This technical 

correction action does not involve 

technical standards; thus the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the Attorney 

General’s Supplemental Guidelines for 

the Evaluation of Risk and Avoidance of 

Unanticipated Takings issued under the 

executive order. This rule does not 

impose an information collection 

burden under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 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. Section 808 allows the 

issuing agency to make a rule effective 

sooner than otherwise provided by the 

CRA if the agency makes a good cause 

finding that notice and public procedure 

is impracticable, unnecessary or 

contrary to the public interest. This 

determination must be supported by a 

brief statement. 5 U.S.C. 808(2). As 

stated previously, EPA had made such 

a good cause finding, including the 

reasons therefore, and established an 

effective date of November 1, 2012. EPA 

will submit a report containing this rule 

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. This action to add the revision 

to paragraph 52.420(e), is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Reporting and recordkeeping 

requirements. 

Accordingly, in 40 CFR part 52, the 

following correcting amendments are 

made: 

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. 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by revising the entries 

for section 110(a)(2) Infrastructure 

Requirements for the 1997 8-Hour 

Ozone NAAQS, section 110(a)(2) 

Infrastructure Requirements for the 1997 

PM2.5 NAAQS, section 110(a)(2) 

Infrastructure Requirements for the 2006 

PM2.5 NAAQS, section 110(a)(2) 

Infrastructure Requirements for the 2008 

Lead NAAQS to read as follows: 

§ 52.420 Identification of plan. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 77, No. 215 / Tuesday, November 6, 2012 / Rules and Regulations 66545 

Name of non-regulatory SIP revision Applicable geographic 

or nonattainment area 

State submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements 

for the 1997 8-Hour Ozone NAAQS.

Statewide ..................... 12/13/07 

9/19/08 

9/16/09 

8/4/11, 76 FR 47068 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M) or portions 

thereof. 

Statewide ..................... 12/13/07 

9/19/08 

9/16/09 

4/1/10 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof. 

Section 110(a)(2) Infrastructure Requirements 

for the 1997 PM2.5 NAAQS.

Statewide ..................... 12/13/07 

3/12/08 

9/16/09 

3/10/10 

8/4/11, 76 FR 47068 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M) or portions 

thereof. 

Statewide ..................... 12/13/07 

3/12/08 

9/16/09 

3/14/12 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof. 

Section 110(a)(2) Infrastructure Requirements 

for the 2006 PM2.5 NAAQS.

Statewide ..................... 9/16/09 

3/10/10 

8/4/11, 76 FR 47068 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), 

(G), (H), (J), (K), (L), and (M), or portions 

thereof. 

Statewide ..................... 9/16/09 

3/14/12 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(D)(i)(II) or portions thereof. 

*******

Section 110(a)(2) Infrastructure Requirements 

for the 2008 Lead NAAQS.

Statewide ..................... 10/17/11 9/10/12, 77 FR 55420 This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), 

(G), (H), (J), (K), (L), and (M) or portions 

thereof. 

Statewide ..................... 10/17/11 

3/14/12 

11/6/12 [Insert page 

number where the 

document begins] 

This action addresses the following CAA elements: 110(a)(2)(C), (D)(i)(II), and (J) or portions thereof. 

Dated: October 19, 2012. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. 2012–26951 Filed 11–5–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0467; FRL–9748–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; Determination of Attainment 

of the 1997 Annual Fine Particle 

Standard for the Detroit-Ann Arbor 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making two final 

determinations under the Clean Air Act 

(Act) regarding the 1997 annual fine 

particle (PM2.5) nonattainment area of 

Detroit-Ann Arbor, Michigan 

(Livingston, Macomb, Monroe, Oakland, 

St. Clair, Washtenaw, and Wayne 

Counties) (Detroit-Ann Arbor area or 

area). First, EPA is determining that the 

Detroit-Ann Arbor area has attained the 

1997 annual PM2.5 National Ambient 

Air Quality Standard (NAAQS). EPA 

made this determination of attainment 

based upon complete, quality-assured, 

and certified ambient air monitoring 

data for 2009–2011, showing that the 

area has monitored attainment of the 

1997 annual PM2.5 NAAQS. Preliminary 

data available for 2012 indicate 

continued attainment. Pursuant to EPA 

rule, this determination suspends the 

requirements for the Detroit-Ann Arbor 

area to submit an attainment 

demonstration, associated reasonably 

available control measures (RACM) to 

include reasonably available control 

technology (RACT), a reasonable further 

progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the 1997 annual 

PM2.5 NAAQS so long as the area 

continues to attain the PM2.5 NAAQS. 

EPA is also determining, based on 

complete, quality-assured and certified 

monitoring data for the 2007–2010 

monitoring period, that the Detroit-Ann 

Arbor area had attained the 1997 annual 

PM2.5 NAAQS by the its attainment date 

of April 5, 2010. 

DATES: Effective Date: This final rule is 

effective on December 6, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R05–OAR–2012–0467. All 

documents in these dockets are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the U.S. 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 Carolyn Persoon at (312) 

353–8290 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 


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