Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Rules and Regulations 31727 

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 (Ø0.2), 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. 


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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 of 

elemental 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 


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