### 31727 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules and 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 that do not individually or cumulatively have a significant effect on the human environment. This rule involves a moving safety zone in effect for a limited period of time. The moving safety zone provides safety for the public while the Dredge MISSOURI H is conducting dredging operations. 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 are 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. E. List of Subjects in 33 CFR Part 165

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, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1.

■ 2. A new temporary § 165.T08–0392 is added to read as follows:

**§ 165.T08–0392 Safety Zone; Belle Pass Dredge Operations, Belle Pass, Mile Marker**  **1.0 to Mile Marker (**

Ø **0.2), Port Fourchon, Lafourche Parish, LA.** 

(a) Location. The following area is a moving safety zone: all waters 500 feet around the Dredge MISSOURI H, while it conducts dredging operations from Belle Pass Mile Marker 1.0 to Mile Marker (

¥ 0.2). (b) Effective date. This rule is effective from 8 a.m. on May 2, 2012 until 8 a.m. on June 30, 2012.

(c) Periods of enforcement. This rule will be enforced with actual notice from 8 a.m. on May 2, 2012 until 8 a.m. on June 30, 2012. The Captain of the Port Morgan City or a designated representative will inform the public through Broadcast Notice to Mariners of the enforcement period for the safety zone as well as any changes in the planned schedule.

(d) Regulations. (1) In accordance with the general regulations in 33 CFR part 165, subpart C, entry into this zone is prohibited unless authorized by the Captain of the Port Morgan City or a designated representative.

(2) Vessels requiring entry into or passage through the Safety Zone must request permission from the Captain of the Port Morgan City, or a designated representative. They may be contacted on VHF Channel 13 or 16, or by telephone at (985) 857–8507.

(3) Mariners should contact the Dredge MISSOURI H, on VHF–FM Channel 13 or 16 prior to the arrival at the safety zone for permission to enter or transit through the safety zone.

(4) If permission is granted, all persons and vessels shall comply with the instructions of the Captain of the Port or a designated representative.

(5) All persons and vessels shall comply with the instructions of the Captain of the Port Morgan City and designated on-scene patrol personnel. On-scene patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard.

(e) Informational Broadcasts. The Captain of the Port Morgan City or a designated representative will inform the public through Broadcast Notice to Mariners of the enforcement period for the safety zone as well as any changes in the planned schedule.

Dated: May 1, 2012. J.C. Burton, Captain, U.S. Coast Guard, Captain of the Port Morgan City, Louisiana.
[FR Doc. 2012–13031 Filed 5–29–12; 8:45 am]

**BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 52**

**[EPA–R05–OAR–2012–0073; FRL 9677–3]**

**Approval and Promulgation of Air Quality Implementation Plans; Illinois;**  **Small Container Exemption From VOC Coating Rules** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Withdrawal of direct final rule.

**SUMMARY :**  Due to the receipt of an adverse comment, EPA is withdrawing the April 16, 2012, direct final rule approving a revision to the Illinois State Implementation plan (SIP). EPA will address the comment in a subsequent final action based upon the proposed rulemaking action, also published on April 16, 2012. EPA will not institute a second comment period on this action.

**DATES :**  The direct final rule published at 77 FR 22497 on April 16, 2012, is withdrawn as of May 30, 2012.

**FOR FURTHER INFORMATION CONTACT :**  Steven Rosenthal, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6052, rosenthal.steven@epa.gov.

**SUPPLEMENTARY INFORMATION :**  EPA is withdrawing the April 16, 2012 (77 FR 22497), direct final rule approving a revision to the Illinois SIP that added a ‘‘small container exemption’’ for pleasure craft surface coating operations in the Chicago and Metro-East St. Louis 8-hour ozone nonattainment areas. In the direct final rule, EPA stated that if adverse comments were received by May 16, 2012, the rule would be withdrawn and not take effect. On April 16, 2012, EPA received a comment, which it interprets as adverse and, therefore, EPA is withdrawing the direct final rule. EPA will address the comment in a subsequent final action based upon the proposed rulemaking action, also published on April 16, 2012 (77 FR 22550). EPA will not institute a second comment period on this action. List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.


### 31728 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules and Regulations

Dated: May 14, 2012. Susan Hedman, Regional Administrator, Region 5.

**PART 52—[AMENDED]**

■ Accordingly, the amendment to 40 CFR 52.720 published in the Federal Register on April 16, 2012 (77 FR 22497) on page 22500 is withdrawn as of May 30, 2012.

[FR Doc. 2012–12507 Filed 5–29–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 721**

**[EPA–HQ–OPPT–2010–0630; FRL–9345–9]**

**RIN 2070–AJ71**

**Elemental Mercury Used in Barometers, Manometers,**  **Hygrometers, and Psychrometers; Significant New Use Rule** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Final rule.

**SUMMARY :**  EPA is promulgating a significant new use rule (SNUR) under the Toxic Substances Control Act (TSCA) for elemental mercury use in barometers, manometers, hygrometers, and psychrometers. This action will require persons who intend to manufacture (including import) or process elemental mercury for an activity that is designated as a significant new use by this final rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

**DATES :**  This final rule is effective June 29, 2012.

**ADDRESSES :**  EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPPT–2010–0630. All documents in the docket are listed in the docket index available at http://www.regulations.gov

. Although listed in the index, some information is not publicly available, e.g., 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 in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure.

**FOR FURTHER INFORMATION CONTACT :**  For technical information contact: Sue Slotnick, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (202) 566–1973; email address: slotnick.sue@epa.gov

.

For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554– 1404; email address: TSCAHotline@epa.gov

. **SUPPLEMENTARY INFORMATION :**  I. Does this action apply to me?

You may be potentially affected by this action if you manufacture (defined by statute to include import) or process elemental mercury used in barometers, manometers, or hygrometers or psychrometers. Potentially affected entities may include, but are not limited
to:

• Manufacturers, of instruments and related products for measuring, displaying, and controlling industrial process variables (North American Industrial Classification System NAICS code 334513).

This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under **FOR**
**FURTHER INFORMATION CONTACT**

. This action may also affect certain entities through pre-existing import certification and export notification rules under TSCA. Persons who import any chemical substance governed by a final SNUR are subject to the TSCA section 13 (15 U.S.C. 2612) import certification requirements and the corresponding regulations at 19 CFR 12.118 through 12.127; see also 19 CFR 127.28. Chemical importers must certify that shipments of the chemical substance comply with all applicable rules and orders under TSCA, including any SNURs. The EPA policy in support of import certification appears at 40 CFR part 707, subpart B. In addition, TSCA section 12(b) (15 U.S.C. 2611(b)) export notification requirements are triggered by publication of a proposed SNUR. Therefore, on or after June 6, 2011, any persons who export or intend to export elemental mercury are subject to the export notification provisions of TSCA section 12(b) (see § 721.20) and must comply with the export notification requirements in 40 CFR part 707, subpart D. Note that as of January 1, 2013, the Mercury Export Ban Act of 2008 prohibits the export of elemental mercury from the United States (see TSCA section 12(c) (15 U.S.C. 2611(c)). II. Background A. What action is the agency taking?

EPA proposed a SNUR for elemental mercury used in barometers, manometers, hygrometers, and pyrometers in the Federal Register of May 6, 2011 (Ref. 1). EPA’s response to the public comment received on the proposed rule appears in Unit III.C.

This final SNUR will require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of elemental mercury for any of the following significant new uses: Use in barometers, manometers, hygrometers, and psychrometers, except for use in barometers, manometers, hygrometers, and psychrometers that were in service prior to May 6, 2011, the publication date of the proposed rule (Ref. 1). Also not included, because the activity is ongoing, is the use ofelemental mercury in portable batterypowered motor-aspirated psychrometers that contain fewer than seven grams of elemental mercury. Sphygmomanometers, a type of manometer, as well as other ‘‘devices’’ as defined under section 201 of the Federal Food, Drug, and Cosmetics Act (FFDCA), will not be affected by this final rule when manufactured, imported, or processed for use as a device, per TSCA section 3(2)(B)(vi). Finally, manometers used in the natural