77758 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. This rule involves 

establishment of a safety zone. 

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. 1226, 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.T11–374 to read as 

follows: 

§ 165.T11–374 Safety zone; San Diego 

Parade of Lights Fireworks; San Diego, 

California. 

(a) Location. The limits of the safety 

zones for both fireworks displays will 

cover a 500 foot area around the tug and 

barge in approximate position 32°43.25′ 

N., 117°11.50′′ W. 

(b) Enforcement Period. This section 

will be enforced from 5:30 p.m. to 8 

p.m. on December 12, 2010 and 

December 19, 2010. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative, means any 

commissioned, warrant, and petty 

officers of the Coast Guard 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) 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 on-scene representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Sector San Diego Command Center. The 

Command Center may be contacted on 

VHF–FM Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or the 

designated representative. 

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. 

(4) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: November 23, 2010. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–31305 Filed 12–13–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0435; FRL–9237–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Limiting Emissions of 

Volatile Organic Compounds From 

Portable Fuel Containers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to 

Delaware’s State Implementation Plan 

(SIP). This SIP revision includes an 

amendment to Delaware’s regulation for 

Volatile Organic Compounds (VOC) 

from Consumer and Commercial 

Products, Section 3.0—Portable Fuel 

Containers. This amendment will 

reduce VOC emissions from portable 

fuel containers, and therefore, will help 

Delaware attain and maintain the 

national ambient air quality standard 

(NAAQS) for ozone. This action is being 

taken under the Clean Air Act (CAA). 

DATES: This rule is effective on February 

14, 2011 without further notice, unless 

EPA receives adverse written comment 

by January 13, 2011. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0435 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: powers.marilyn@epa.gov. 

C. Mail: EPA–R03–OAR–2010–0435, 

Marilyn Powers, Acting Associate 

Director, Office of Air Program 

Planning, Mailcode 3AP30, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 77759 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2010– 

0435. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI 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 in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: On April 

1, 2010, Delaware submitted to EPA a 

SIP revision concerning Delaware’s 

regulation for reducing VOCs from 

portable fuel containers (i.e. gas cans) in 

Delaware (Regulation No. 1141— 

Limiting Emissions of Volatile Organic 

Compounds from Consumer and 

Commercial Products, Section 3.0— 

Portable Fuel Containers). 

I. Background 

Regulation No. 1141—Limiting 

Emissions of Volatile Organic 

Compounds from Consumer and 

Commercial Products, Section 3.0— 

Portable Fuel Containers is concerned 

specifically with the use of portable fuel 

containers and reducing refueling 

emissions from equipment and engines 

that are predominantly refueled with 

portable containers. On November 22, 

2002 (67 FR 57776), EPA approved the 

previous version of Section 3.0. 

Effective January 1, 2009, the EPA 

began to regulate emissions from 

portable fuel containers (see, 72 FR 

8428). The Federal rule provides more 

stringent emission control of portable 

fuel containers, and thereby achieves 

greater VOC emission reductions than 

the current Delaware regulation. 

Delaware, therefore, revised Regulation 

No. 1141 such that it does not apply to 

portable fuel containers manufactured 

on and after January 1, 2009, and that 

Delaware instead rely on the Federal 

rule to control emissions from this 

source. 

II. Summary of SIP Revision 

On April 1, 2010, the Delaware 

Department of Natural Resources and 

Environmental Control (DNREC) 

submitted a revision to the Delaware 

State Implementation Plan (SIP) that 

consists of Delaware’s regulation for 

reducing volatile organic compounds 

(VOCs) from portable fuel containers 

(i.e. gas cans) in Delaware (Regulation 

No. 1141—Limiting Emissions of 

Volatile Organic Compounds from 

Consumer and Commercial Products, 

Section 3.0—Portable Fuel Containers). 

The revision to Regulation No. 1141 

amends existing Section 3.0—Portable 

Fuel Containers. The effective date of 

this regulation was April 11, 2010. 

Regulation No. 1141, Section 3.0 is 

revised to apply to any portable fuel 

container or spout or both portable fuel 

container and spout manufactured 

between January 1, 2003 and December 

31, 2008. It eliminates the applicability 

of Section 3.0 to portable fuel containers 

manufactured on and after January 1, 

2009, and instead these portable fuel 

containers are regulated by Federal 

regulation (see, 72 FR 8428). 

III. Final Action 

EPA is approving the Delaware SIP 

revision pertaining to Delaware’s 

adoption of the Federal rule for portable 

fuel containers. This revision will result 

in greater VOC emission reductions 

from portable fuel containers, 

continuing to help Delaware attain and 

maintain NAAQS for ozone. EPA is 

publishing this rule without prior 

proposal because the Agency views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

February 14, 2011 without further 

notice unless EPA receives adverse 

comment by January 13, 2011. If EPA 

receives adverse comment, EPA will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 

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77760 Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Rules and Regulations 

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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 February 14, 

2011. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. Parties with objections to this 

direct final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the proposed rules 

section of today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

This action pertaining to Delaware’s 

portable fuel containers regulation may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 30, 2010. 

W.C. Early, 

Acting Regional Administrator, Region III. 

■ 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 I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by revising the entry for 

Regulation 1141, Section 3.0 to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation 

(7 DNREC 1100) Title/subject State effective date EPA approval date Additional explanation 

*******

1141 ......................................... Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products 

*******

Section 3.0 ............................... Portable Fuel Containers ........ 4/11/10 .................................... 12/14/10 [Insert page number 

where the document begins].

*******

* * * * * 

[FR Doc. 2010–31220 Filed 12–13–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2008–0334; FRL–9238–5] 

National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; stay for permit 

applications. 

SUMMARY: On June 15, 2010, EPA 

notified Petitioners that the Agency 

intended to initiate the reconsideration 

process in response to their request for 

reconsideration of certain provisions in 

the National Emission Standards for 

Hazardous Air Pollutants for Chemical 

Manufacturing Area Sources. Among 

the provisions that EPA is reconsidering 

WReier-Aviles on DSKGBLS3C1PROD with RULES