Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 63717 

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.T01–0864 to read as 

follows: 

§ 165.T01–0864 Security Zone: Escorted 

Passenger Vessels, Sector Southeastern 

New England Captain of the Port Zone. 

(a) Location. The following areas are 

security zones: All navigable waters 

within the Sector Southeastern New 

England Captain of the Port Zone, 

extending from the surface to the sea 

floor, that are: 

(1) Within a maximum 200-yard 

radius of any passenger vessel that is 

underway and is under escort of U.S. 

Coast Guard law enforcement personnel, 

or 

(2) Within a maximum 100-yard 

radius of any passenger vessel that is 

anchored, at any berth, moored, or in 

the process of mooring. 

(b) Definitions. As used in this 

section— 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been designated 

by the Captain of the Port to act on his 

behalf. The on-scene representative may 

be on a Coast Guard vessel, or onboard 

a Federal, State, or local agency vessel 

that is authorized to act in support of 

the Coast Guard. 

Passenger vessel means any passenger 

vessel over 100 gross tons authorized to 

carry more than 500 passengers for hire 

making voyages, any part of which is on 

the high seas, and for which passengers 

are embarked, disembarked or pay a 

port call, in the Sector Southeastern 

New England Captain of the Port Zone. 

Sector Southeastern New England 

Captain of the Port Zone means the area 

defined in 33 CFR 3.05–20. 

(c) Notification. Sector Southeastern 

New England Captain of the Port will 

give actual notice to mariners for the 

purpose of enforcement of this 

temporary security zone. In addition, 

the Coast Guard will broadcast the area 

designated as a security zone for the 

duration of the enforcement period via 

Broadcast Notice to Mariners. 

(d) Effective and enforcement period. 

This rule is effective with actual notice 

for purposes of enforcement from 

September 22, 2010, through 8 a.m. on 

April 1, 2011. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.33 of 

this part, entry into or movement within 

these zones is prohibited unless 

authorized by the Captain of the Port 

Southeastern New England or his 

designated representative. 

(2) All persons and vessels must 

comply with the instructions of the 

Captain of the Port or his designated 

representative. Emergency response 

vessels are authorized to move within 

the zone, but must abide by the 

restrictions imposed by the Captain of 

the Port or his designated 

representative. 

(3) No person may swim upon or 

below the surface of the water within 

the boundaries of these security zones 

unless previously authorized by the 

Captain of the Port or his designated 

representative. 

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

Guard vessel or his designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

(5) Vessel operators desiring to enter 

or operate within the security zone shall 

contact the Captain of the Port or his 

designated representative via VHF 

channel 16 to obtain permission to do 

so. 

Dated: September 22, 2010. 

V.B. Gifford, Jr., 

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

Port, Southeastern New England. 

[FR Doc. 2010–26099 Filed 10–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0319; FRL–9211–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Amendment to 

Consumer Products and Architectural 

and Industrial Maintenance Coatings 

Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania concerning amendments 

to the Pennsylvania Consumer Products 

and Architectural and Industrial 

Maintenance Coatings Regulations. The 

SIP revision amends 25 Pa. Code 

Chapter 130, Subchapters B and C 

(relating to consumer products and 

architectural and industrial 

maintenance (AIM) coatings) in order to 

reduce volatile organic compounds 

(VOCs). This action is being taken under 

the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on November 17, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0319. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (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 through 

http://www.regulations.gov or in hard 

copy for public inspection 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 Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

e-mail at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 21, 2010 (75 FR 34964), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania. The 

NPR proposed approval of a revision of 

the Pennsylvania SIP that amends 25 

Pa. Code Chapter 130, Subchapters B by 

adding VOC content limits for an 

additional 11 categories of consumer 

products and revising the VOC content 

limits for one category of consumer 

products currently regulated. The NPR 

also proposed approval of amendments 

to the SIP that add definitions for 

approximately 30 new terms and 

amends definitions for approximately 

75 existing terms in order to provide 

clarity. Additionally, the term ‘‘VOCvolatile organic compound’’ is added to 

Subchapter B. The NPR proposed 

approval of a revision to the SIP that 

changes the definition of the term 

‘‘VOC—volatile organic compound’’ in 

Subchapter C (relating to AIM coatings) 

to mirror the definition of the term in 25 

Pa. Code Chapter 121 (relating to 

definitions). EPA received no comments 

on the NPR that proposed approval of 

Pennsylvania’s SIP revision. The formal 

SIP revision was submitted by the 

Commonwealth of Pennsylvania on 

March 11, 2009. 


jlentini on DSKJ8SOYB1PROD with RULES
63718 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 

II. Summary of SIP Revision 

This SIP revision makes of the 

following amendments: 

1. Adds and/or amends definitions, 

terms, and sections in 25 Pa. Code 

Chapter 130, Subchapters B and C for 

clarity, style, format, and consistency 

with the Ozone Transport Commission 

Model Rule and Federal definitions. 

2. Adds and/or amends sections in 25 

Pa. Code Chapter 130, Subchapter B in 

order to incorporate future changes in 

test procedures; deletes an unnecessary 

reference to a California regulatory 

provision; deletes and moves definitions 

and terms; allows for the sell-through of 

product manufactured prior to 

applicable effective dates; updates the 

product dating; establishes the lowest 

applicable VOC limit requirements; 

requires additional information on 

product containers; and establishes 

requirements for a variance or 

alternative control plan (ACP). 

3. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, applicability 

to any person who sells, supplies, offers 

for sale, or manufactures consumer 

products on and after applicable 

compliance dates. 

4. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, the 

percentage of VOC by weight that 

cannot be exceeded for consumer 

products that are sold, supplied, offered 

for sale or manufactured for sale in the 

Commonwealth of Pennsylvania, and 

lists exemptions from the VOC limits. 

The rule also contains requirements for 

the following: (1) Products registered 

under Federal Insecticide, Fungicide 

and Rodenticide Act, (2) products 

requiring dilution, (3) sell-through of 

products, (4) aerosols adhesives, (5) 

charcoal lighter materials, and (6) floor 

wax strippers. 

5. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, exemptions 

for the following: (1) Products for 

shipment and use outside the 

Commonwealth, (2) antiperspirants and 

deodorants, (3) products registered 

under FIFRA, (4) air fresheners, (5) 

adhesives, (6) bait station insecticides, 

and (7) fragrances. 

6. Establishes under 25 Pa. Code 

Chapter 130, Subchapter B, applicability 

for ACPs for consumer products, criteria 

for innovative products exemption and 

requirements for waiver requests. The 

rule also contains grounds for 

requesting a variance, as well as 

applicability for ACPs for consumer 

products. ACPs for consumer products 

are provided by allowing responsible 

parties the option to voluntarily enter 

into separate ACP agreements for the 

consumer products mentioned above. In 

addition, the rule contains the following 

administrative requirements: (1) Product 

dating, (2) most restrictive limit, (3) 

labeling, and (4) recordkeeping and 

reporting, as well as test methods for 

demonstrating compliance. 

7. Establishes under 25 Pa. Code 

Chapter 130, Subchapter C, the meaning 

of ‘‘VOC—volatile organic compound,’’ 

unless the context clearly indicates 

otherwise. 

Further details of the Commonwealth 

of Pennsylvania’s regulation revisions 

can be found in a Technical Support 

Document prepared for the June 21, 

2010 proposed rulemaking action. 

III. Final Action 

EPA is approving the Pennsylvania 

SIP revision that amends 25 Pa. Code 

Chapter 130, Subchapters B and C 

(relating to consumer products and AIM 

coatings) in order to reduce VOCs. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. 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 CAA; 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by December 17, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule 

pertaining to Pennsylvania’s 

amendment to 25 Pa. Code Chapter 130, 

Subchapters B and C (relating to 

Pennsylvania’s Consumer Products and 

AIM Coatings Regulations), 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. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 63719 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Volatile organic compounds, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: September 17, 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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(c)(1) is amended by: 

■ a. Adding entries for Section 130.217 

and 130.338. 

■ b. Revising entries for Sections 

130.201, 130.202, 130.211, 130.213, 

130.214, 130.215, 130.331, 130.332, 

130.334, 130.335, 130.371, 130.372, 

130.373, 130.411, 130.412, 130.414, 

130.452, 130.453, 130.454, 130.455, 

130.457, 130.458, 130.460, 130.462, 

130.465, 130.471, 130.602. 

The amendments read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(c) * * * 

(1) * * * 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

TITLE 25. ENVIRONMENTAL PROTECTION 

ARTICLE III. AIR RESOURCES 

*******

Chapter 130—Standards for Products 

*******

Subchapter B—Consumer Products 

General Provisions 

Section 130.201 ........ Applicability ................................ 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.202 ........ Definitions ................................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Standard 

Section 130.211 ........ Table of standards ..................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.213 ........ Products registered under 

FIFRA.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.214 ........ Requirements for charcoal lighter materials.10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.215 ........ Requirements for aerosol adhesives.10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.217 ........ Sell-through of products ............. 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Adds section to allow for the 

sell-through of product manufactured prior to applicable effective dates. 

Exemptions 

Section 130.331 ........ Products for shipment and use 

outside this Commonwealth.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.332 ........ Antiperspirants and deodorants 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.334 ........ Products registered under 

FIFRA.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].


jlentini on DSKJ8SOYB1PROD with RULES
63720 Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

Section 130.335 ........ Air fresheners ............................. 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.338 ........ Fragrances ................................. 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Added section. 

* * * * * * * 

Administrative Requirements 

Section 130.371 ........ Code-dating ................................ 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.372 ........ Most restrictive limit ................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.373 ........ Additional labeling requirements 

for aerosol adhesives.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Variances 

Section 130.411 ........ Application for variance .............. 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.412 ........ Variance orders .......................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.414 ........ Modification of variance ............. 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

ACP for Consumer Products 

*******

Section 130.452 ........ Exemption .................................. 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.453 ........ Request for exemption ............... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.454 ........ Application for an ACP ............... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.455 ........ Recordkeeping and availability 

of requested information.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.457 ........ Limited-use surplus reduction 

credits for early reformulations 

of ACP products.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Section 130.458 ........ Reconciliation of shortfalls ......... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.460 ........ Modifications that require Department preapproval.10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 75, No. 200 / Monday, October 18, 2010 / Rules and Regulations 63721 

State citation Title/subject State effective 

date EPA approval date Additional explanation/§ 52.2063 citation 

*******

Section 130.462 ........ Modification of an ACP by the 

Department.

10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

Section 130.465 ........ Other applicable requirements ... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Public Hearing Requirements 

Section 130.471 ........ Public hearings ........................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

Subchapter C—Architectural and Industrial Maintenance Coatings 

*******

Section 130.602 ........ Definitions ................................... 10/11/08 October 18, 2010 [Insert page 

number where the document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. 2010–25317 Filed 10–15–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 100803321–0477–01] 

RIN 0648–BA08 

Fisheries of the Northeastern United 

States; Atlantic Sea Scallop Fishery; 

Framework Adjustment 21; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Correcting amendments. 

SUMMARY: On June 28, 2010, NMFS 

published in the Federal Register the 

final rule to implement Framework 

Adjustment 21 (Framework 21) to the 

Atlantic Sea Scallop Fishery 

Management Plan (Scallop FMP), which 

established management measures for 

the 2010 scallop fishing year (FY). 

Following publication, NMFS identified 

errors, omissions, and possible need for 

clarification of some provisions. In 

addition to certain technical and 

wording clarifications, the Framework 

21 final rule inadvertently did not 

incorporate a proposed regulatory 

provision pertaining to how scallop 

access area trip overages incurred 

during the interim period between the 

March 1, 2010, start of the fishing year 

(FY) and the implementation of 

Framework 21 FY 2010 management 

measures would be applied to FY 2011. 

This provision was described in the 

proposed rule and NMFS subsequently 

responded to specific comments on this 

provision and provided greater detail of 

this measure in the preamble of the final 

rule. However, the regulatory text was 

inadvertently excluded. In addition, the 

Framework 21 final rule inadvertently 

deleted regulations pertaining to limited 

access general category (LAGC) 

possession and landing limits 

promulgated in the final rule 

implementing Amendment 11 to the 

Scallop FMP that published in the 

Federal Register on April 24, 2008. This 

correcting amendment corrects these 

errors. 

DATES: Effective October 18, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Policy Analyst, 

(978) 281–9244. 

SUPPLEMENTARY INFORMATION: On June 

28, 2010, the final rule for Framework 

21 published in the Federal Register (75 

FR 36559). The purpose of Framework 

21, developed by the New England 

Fishery Management Council, was to set 

scallop management measures for FY 

2010. The final rule to Framework 21 

also included revisions to regulatory 

text at 50 CFR part 648 in order to 

remove or clarify text that was 

duplicative and unnecessary, outdated, 

or unclear. 

This action corrects errors and 

omissions, and provides clarification in 

the final rule for Framework 21. Because 

Framework 21 was not implemented by 

the start of the FY on March 1, 2010, 

and the regulations in effect at the start 

of FY 2010 were inconsistent with 

Framework 21 specifications, the 

preamble to the proposed and final rules 

discussed how FY 2010 overages in 

scallop days-at-sea (DAS), access area 

trips, and possession limits incurred 

prior to Framework 21’s effectiveness 

would be applied to FY 2011 

allocations. NMFS received one 

comment specifically addressing the 

provision for Elephant Trunk Access 

Area (ETAA) trip overages for limited 

access full-time scallop vessels during 

the comment period on the proposed 

rule and, based on this comment, NMFS 

intended to clarify this provision in the 

final rule. However, the specific 

reference to the ETAA trip overage 

provision was inadvertently omitted 

from the regulatory text. This action 

corrects this error by including the 

regulatory text to this specific provision 

in § 648.60. 

This action also makes minor editorial 

revisions to the regulatory text at 

§§ 648.14(i)(2)(i)(G) and 

648.53(h)(5)(iv)(A) to ensure that the 

regulatory language incorporated 

through the Framework 21 final rule is 

consistent with the language in other 

sections of the regulations. This action 

also corrects the title of a required 

vessel monitoring system (VMS) form 

for LAGC Northern Gulf of Maine 

(NGOM) and Individual Fishing Quota 


jlentini on DSKJ8SOYB1PROD with RULES