Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Rules and Regulations 65875 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone between Mile Marker 296.1 to Mile 

Marker 296.7 on all waters of the 

Chicago Sanitary and Ship Canal. 

Enforcement will occur from 9 a.m. to 

12 noon and from 1 p.m. to 4 p.m. on 

each day from November 4 through 

November 8, 2013, and from 7 a.m. until 

11 a.m. and from 1 p.m. until 5 p.m. on 

November 13, 2013. 

This enforcement action is necessary 

because the Captain of the Port, Lake 

Michigan has determined that the U.S. 

Army Corps of Engineers dispersal 

barriers performance testing and the 

Department of Natural Resources netting 

and electro-fishing operation poses risks 

to life and property. Because of these 

risks, it is necessary to control vessel 

movement during the operations to 

prevent injury and property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Lake Michigan, or 

his or her designated representative. 

Vessels that wish to transit through 

the safety zone may request permission 

from the Captain of the Port, Lake 

Michigan. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. Approvals will be granted 

on a case by case basis. The Captain of 

the Port may be contacted via U.S. Coast 

Guard Sector Lake Michigan on VHF 

channel 16. 

This notice is issued under authority 

of 33 CFR 165.930 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Captain of the Port, Lake 

Michigan, will also provide notice 

through other means, which may 

include, but are not limited to, 

Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. Additionally, the 

Captain of the Port, Lake Michigan, may 

notify representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: October 23, 2013. 

M.W. Sibley, 

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

Port, Lake Michigan. 

[FR Doc. 2013–26211 Filed 11–1–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0891; FRL–9900–17– 

Region 5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Removal of Gasoline Vapor 

Recovery From Southeast Wisconsin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a state 

implementation plan (SIP) revision 

submitted by the Wisconsin Department 

of Natural Resources on November 12, 

2012, concerning the state’s Stage II 

vapor recovery (Stage II) program in 

southeast Wisconsin. The revision 

removes Stage II requirements as a 

component of the Wisconsin ozone SIP. 

The submittal also includes a 

demonstration under section 110(l) of 

the Clean Air Act (CAA) that addresses 

emissions impacts associated with the 

removal of the program. 

DATES: This final rule is effective on 

December 4, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2012–0891. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 

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 

Francisco J. Acevedo, Mobile Source 

Program Manager, at (312) 886–6061, 

before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Francisco J. Acevedo, Mobile Source 

Program Manager, Control Strategies 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6061, 

acevedo.francisco@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. What is being addressed by this document? 

II. What comments did we receive on the 

proposed SIP revision? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is being addressed by this 

document? 

On June 11, 2013, at 78 FR 34966, 

EPA proposed to remove the Stage II 

requirements under NR 420.045 of the 

Wisconsin Administrative Code from 

the state’s Federally-approved SIP. The 

revision included copies of 2011 

Wisconsin Act 196 enacted on April 2, 

2012, authorizing the termination of 

Stage II requirements in Wisconsin; a 

summary of MOVES2010b modeling 

results and Wisconsin specific 

calculations based on EPA guidance 

used to calculate program benefits and 

demonstrate widespread use of onboard 

refueling vapor recovery systems in 

southeast Wisconsin; and a 

demonstration under section 110(l) of 

the CAA that includes offset emission 

credits. 

II. What comments did we receive on 

the proposed SIP revision? 

EPA provided a 30 day review and 

comment period on the proposed action. 

The comment period closed on July 11, 

2013. EPA received no adverse 

comments. EPA did however, receive 

one comment supporting EPA’s 

approval of this revision. The 

commenter also requested that EPA 

‘‘confirm and identify in the final 

approval whether Wisconsin intended 

to voluntarily use more emissions 

credits than necessary, and if so, 

identify the fact that the quantity of 

emission credits that were necessary to 

offset the shortfall were only those that 

were equal to the shortfall’’. EPA notes 

that nothing in the state’s submittal or 

the proposal was intended to suggest 

that Wisconsin was using more 

emissions credits than were necessary to 

offset the stated shortfall identified by 

Wisconsin. The column entitled 

‘‘Difference (Shortfall-Credit),’’ 

presented in Table 3 of the proposal, 

highlights the amount of equivalent 

VOC emissions credits that remain 

available to Wisconsin after fully 

addressing the interim emissions 

shortfall from the removal of the Stage 

II program in southeast Wisconsin. They 

are intended to demonstrate that the 

available equivalent VOC emissions 

credits identified by the state are more 

than adequate to cover the interim Stage 

II shortfall. 


wreier-aviles on DSK5TPTVN1PROD with RULES
65876 Federal Register / Vol. 78, No. 213 / Monday, November 4, 2013 / Rules and Regulations 

III. What action is EPA taking? 

EPA is approving the revision to the 

Wisconsin ozone SIP submitted on 

November 12, 2012, concerning the 

Stage II program in southeast 

Wisconsin. EPA finds that the revision 

meets all applicable requirements and 

will not interfere with reasonable 

further progress or attainment of any of 

the national ambient air quality 

standards. 

IV. Statutory and Executive Order 

Reviews 

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. 

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). 

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 January 3, 2014. 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. This action 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, Intergovernmental relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: July 31, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

■ 2. Section 52.2570 is amended by 

revising paragraphs (c)(69)(i)(A) and 

(c)(73)(i)(C), and by adding paragraph 

(c)(129) to read as follows: 

§ 52.2570 Identification of plan. 

* * * * * 

(c) * * * 

(69) * * * 

(i) * * * 

(A) Wisconsin Administrative Code, 

Chapter NR 420 Control of Organic 

Compound Emissions from Petroleum 

and Gasoline Sources; Section 420.02 

Definitions, Sections NR 420.02(8m), 

(24m), (32m), (38m), (39m); Section NR 

420.045 Motor Vehicle Refueling; 

published in Wisc. Admin. Code in 

January 1993, and took effect on 

February 1, 1993. Section NR 420.045 

was rescinded in 2013 and is removed 

without replacement; see paragraph 

(c)(129) of this section. 

* * * * * 

(73) * * * 

(i) * * * 

(C) Chapter NR 420: CONTROL OF 

ORGANIC COMPOUND EMISSIONS 

FROM PETROLEUM AND GASOLINE 

SOURCES. NR 420.01 as published in 

the (Wisconsin) Register, February, 

1990, No. 410, effective March, 1, 1990. 

NR 420.02 and 420.045 as published in 

the (Wisconsin) Register, January, 1993, 

No. 445, effective February 1, 1993. NR 

420.03 and 420.04 as published in the 

(Wisconsin) Register, December, 1993, 

No. 456, effective January 1, 1994. NR 

420.05 as published in the (Wisconsin) 

Register, May, 1992, No. 437, effective 

June 1, 1992. Section NR 420.045 was 

rescinded in 2013 and is removed 

without replacement; see paragraph 

(c)(129) of this section. 

* * * * * 

(129) On November 12, 2012, the 

Wisconsin Department of Natural 

Resources submitted a request to 

remove Wisconsin’s Stage II vapor 

recovery program requirements under 

NR 420.045 of the Wisconsin 

Administrative Code from the 

Wisconsin ozone State Implementation 

Plan. 

(i) [Reserved] 

(ii) Additional material. Wisconsin 

Statutes, section 285.31(5) Gasoline 

vapor recovery—Termination of 

Requirements, enacted on April 2, 2012, 

by 2011 Wisconsin Act 196. 

[FR Doc. 2013–26134 Filed 11–1–13; 8:45 am] 

BILLING CODE 6560–50–P 


wreier-aviles on DSK5TPTVN1PROD with RULES