Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations 52605 

TABLE 1 TO § 165.151—Continued 

9.3 Village of Island Park Labor Day Celebration Fireworks ................ • Date: September 1, 2012. 

• Rain Date: September 2, 2012. 

• Location: Waters off Village of Island Park Fishing Pier, Village 

Beach, NY in approximate position 40°36′30.95′′ N, 073°39′22.23′′ W 

(NAD 83). 

Under the provisions of 33 CFR 

165.151, the fireworks displays listed 

above are established as safety zones. 

During these enforcement periods, 

persons and vessels are prohibited from 

entering into, transiting through, 

mooring, or anchoring within the safety 

zones unless they receive permission 

from the COTP or designated 

representative. 

This notice is issued under authority 

of 33 CFR part 165 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners or 

marine information broadcasts. If the 

COTP determines that a regulated area 

need not be enforced for the full 

duration stated in this notice, a 

Broadcast Notice to Mariners may be 

used to grant general permission to 

enter the regulated area. 

Dated: July 31, 2012. 

J.M. Vojvodich, 

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

Port Sector Long Island Sound. 

[FR Doc. 2012–21382 Filed 8–29–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0866; FRL–9723–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Preconstruction 

Requirements—Prevention of 

Significant Deterioration and 

Nonattainment New Source Review; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: This document corrects errors 

in the final rule document published on 

August 2, 2012 announcing EPA’s final 

approval of several revisions to the 

Maryland State Implementation Plan 

(SIP) pertaining to preconstruction 

requirements under the Prevention of 

Significant Deterioration (PSD) and 

nonattainment New Source Review 

(NSR) programs. The correction of these 

errors neither changes EPA’s final action 

to approve these regulations nor the 

September 4, 2012 effective date of that 

final approval. 

DATES: Effective Date: September 4, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117 or by 

email at talley.david@.epa.gov. 

SUPPLEMENTARY INFORMATION: On August 

2, 2012 (77 FR 45949), EPA published 

a final rulemaking action announcing its 

approval of revisions to the Maryland 

SIP pertaining to preconstruction 

requirements under the PSD and 

nonattainment NSR programs. In this 

document, a reference on page 45953 to 

the approval of Maryland’s October 24, 

2007 SIP revision submittal was 

inadvertently omitted. The document 

also inadvertently provided an incorrect 

state effective date on page 45954 

regarding the addition of an entry to 

paragraph 52.1070(c) for COMAR 

26.11.01.01. Finally, the document 

inadvertently neglected to remove 40 

CFR 52.1073(h) containing the 

Federally-promulgated ‘‘Narrowing 

Rule’’ for greenhouse gas (GHG) 

emissions. In its March 19, 2012 notice 

of proposed rulemaking (77 FR 15985, 

15989), EPA stated, ‘‘With the 

regulations submitted in the proposed 

SIP revision, Maryland has adopted 

EPA’s tailoring approach.’’ In view of its 

August 2, 2012 final approval of 

Maryland’s SIP revision, EPA has 

determined that section 52.1073(h) is 

redundant and should have been 

removed from the CFR. EPA is 

correcting that oversight with this 

corrective action. 

In rule document 2012–18656, 

published in the Federal Register on 

August 2, 2012 (77 FR 45949): 

1. On page 45952, in the first column, 

the first sentence under ‘‘IV. Final 

Action’’ is revised to read, ‘‘EPA is 

approving MDE’s October 24, 2007, July 

31, 2009 and June 23, 2011 SIP 

submittals as a revision to the Maryland 

SIP.’’ 

§ 52.1070 [Corrected] 

■ 2. On page 45953, the State effective 

date in the third column of the table in 

§ 52.1070(c) for the entry ‘‘26.11.01.01’’ 

(Definitions) is revised to read ‘‘5/16/ 

11.’’ All other amendments to this 

paragraph remain unchanged. 

§ 52.1073 [Corrected] 

■ 3. On page 45954, an amendatory 

instruction is added to the end of the 

document to read, ‘‘3. In § 52.1073, 

paragraph (h) is removed.’’ 

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 today’s 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 FR 28355 (May 

22, 2001)). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-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 


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52606 Federal Register / Vol. 77, No. 169 / Thursday, August 30, 2012 / Rules and Regulations 

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 August 13, 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 correct the 

document preamble, to correct the 

revision to § 52.1070(c), and to remove 

§ 52.1073(h) is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Dated: August 17, 2012. 

W.C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. 2012–21345 Filed 8–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–1047; FRL–9720–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Volatile Organic Compounds; 

Architectural and Industrial 

Maintenance Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving into the 

Indiana State Implementation Plan (SIP) 

the addition of a new rule that sets 

limits on the amount of volatile organic 

compounds (VOC) in architectural and 

industrial maintenance (AIM) coatings 

that are sold, supplied, manufactured, 

or offered for sale in the State. 

DATES: This direct final rule will be 

effective October 29, 2012, unless EPA 

receives adverse comments by October 

1, 2012. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–1047, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: blakley.pamela@epa.gov. 

3. Fax: (312) 692–2450. 

4. Mail: Pamela Blakley, Chief, 

Control Strategies Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Pamela Blakley, 

Chief, Control Strategies Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2010– 

1047. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov your email 

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 docket 

are listed in the www.regulations.gov 

index. 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 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 Anthony 

Maietta, Environmental Protection 


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