Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 60147 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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 government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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 power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (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 safety 

zone encompassing the width of the 

Upper Mississippi River from MM 476 

to MM 477. It is categorically excluded 

from further review under paragraph 

L60(a) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

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: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0706 to read as 

follows: 

§ 165.T08–0706 Safety Zone; Upper 

Mississippi River, Mile Markers 476–477, 

Davenport, IA. 

(a) Location. The following area is a 

safety zone: all navigable waters within 

the Upper Mississippi River, Mile 

Markers (MM) 476–477. 

(b) Enforcement period. This section 

is subject to enforcement from August 

28, 2023 through September 11, 2023. 

(c) Regulations. (1) In accordance with 

the general safety zone regulations in 

§ 165.23, entry of persons or vessels into 

the safety zone described in paragraph 

(a) of this section is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Upper Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through USCG Sector Upper 

Mississippi River at 314–269–2332. 

Persons and vessels permitted to enter 

the safety zone must comply with all 

lawful orders or directions issued by the 

COTP or designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement, as well as reductions in 

size or scope of the safety zone as ice 

or flood conditions improve, through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 

and/or Safety Marine Information 

Broadcast (SMIB) as appropriate. 

Dated: August 28, 2023. 

D.J. Every, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Sector Upper Mississippi 

River. 

[FR Doc. 2023–18926 Filed 8–29–23; 11:15 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0606] 

RIN 1625–AA00 

Safety Zone; Swim for Alligator 

Lighthouse, Islamorada, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 


ddrumheller on DSK120RN23PROD with RULES1
60148 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 

certain navigable waters of the Atlantic 

Ocean near Islamorada, Florida during 

the Swim for Alligator Lighthouse, open 

water swim event. A safety zone for 

recurring marine events exists; however, 

for this year’s event the date has 

changed. The safety zone is necessary to 

ensure the safety of event participants 

and spectators. Persons and nonparticipant vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the safety zone 

unless authorized by the Captain of the 

Port (COTP) Key West or a designated 

representative. 

DATES: This rule is effective from 7:30 

a.m. until 4 p.m., on September 9, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0606 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Hailye Wilson, Chief, 

Waterways Management Division, 

Sector Key West, FL U.S. Coast Guard; 

telephone 305–292–8768, email 

Hailye.m.wilson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable and contrary to the public 

interest. The Coast Guard has an 

existing safety zone for this recurring 

marine event at 33 CFR 165.786, Table 

to § 165.786, Item No. 9.1; however, the 

existing regulation only covers the event 

when it is scheduled on the third 

Saturday of September. The primary 

justification for this action is that the 

Coast Guard received final details of the 

event without sufficient time to provide 

a reasonable comment period and then 

consider those comments before issuing 

the rule. It would be impracticable and 

contrary to the public interest to delay 

promulgating this rule, as it is necessary 

to protect the safety of participants, 

spectators, the public, and vessels 

transiting in the area. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because the event is taking place on 

September 9, 2023, and immediate 

action is needed to respond to the 

potential safety hazards associated with 

this event. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under the authority in 46 U.S.C. 70034. 

The Captain of the Port Key West 

(COTP) has determined that potential 

hazards associated with this open water 

swim event will be a safety concern for 

persons and vessels in the safey zone. 

This rule is needed to ensure the safety 

of the event participants, the general 

public, vessels and the marine 

environment in the navigable waters 

within the safety zone during the Swim 

for Alligator Lighthouse open water 

swim event. 

IV. Discussion of the Rule 

This rule establishes a safety zone on 

September 9, 2023 for a period of 8.5 

hours, from 7:30 a.m. to 4:00 p.m. The 

safety zone will cover all waters of the 

Atlantic Ocean, between Amara Cay, 

and Alligator Lighthouse, beginning at a 

point Latitude 24°54.82′ N, longitude 

080°38.03′ W, thence to latitude 

24°54.36′ N, longitude 080°37.72′ W, 

thence to latitude 24°51.07′ N, longitude 

080°37.14′ W, thence to latitude 

24°54.36′ N, longitude 080°37.72′ W, 

thence to point of origin at latitude 

24°54.82′ N, longitude 080°38.03′ W. 

The event course begins and ends at 

Amara Cay Resort in Islamorada, 

Florida, and extends through Hawks 

Channel, with a turnaround at Alligator 

Lighthouse. Approximately 500 

swimmers with kayak escorts and eight 

safety vessels are anticipated to 

participate in the event. The size and 

duration of the safety zone is intended 

to protect personnel, vessels, and the 

marine environment in these navigable 

waters during the open water swim. 

Persons and non-participant vessels are 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the safety zone without obtaining 

permission from the COTP Key West or 

a designated representative. If 

authorization to enter, transit through, 

anchor in, or remain within the safety 

zone is granted by the COTP Key West 

or a designated representative, all 

persons and vessels receiving such 

authorization must comply with the 

instructions of the COTP Key West or a 

designated representative. The Coast 

Guard will provide notice of the safety 

zone by Local Notice to Mariners, 

Broadcast Notice to Mariners, or by onscene designated representatives. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, duration 

and available exceptions to the 

enforcement of the safety zone. The 

regulated area will impact small 

designated areas of the Atlantic Ocean 

between Islamorada, Florida, and the 

Alligator Lighthouse for only 8.5 hours 

and thus is limited in time and scope. 

Furthermore, the rule will allow vessels 

to seek permission to enter the safety 

zone. Non-participant persons and 

vessels may enter, transit through, 

anchor in, or remain within the 

regulated area during the enforcement 

periods if authorized by the COTP or a 

designated representative. Vessels not 

able to enter, transit through, anchor in, 

or remain within the regulated area 

without authorization from the COTP or 

a designated representative may operate 

in the surrounding areas during the 8.5 

hour enforcement period. The Coast 

Guard will issue a Local Notice to 

Mariners and a Broadcast Notice to 

Mariners, allowing mariners to make 

alternative plans or seek permission to 

transit the safety zone. 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 60149 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 5 U.S.C. 601–612, as amended, 

requires Federal agencies to consider 

the potential impact of regulations on 

small entities during rulemaking. The 

term ‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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 government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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 power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (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 safety 

zone lasting only 8.5 hours that will 

prohibit entry into the area being used 

by swimmers and safety craft for the 

Alligator Lighthouse swim. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

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: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T07–0606 to read as 

follows: 

§ 165.T07–0606 Safety Zone; Swim for 

Alligator Lighthouse, Islamorada, FL. 

(a) Location. The following regulated 

area is a safety zone: All waters of the 

Atlantic Ocean beginning at a point 

Latitude 24°54.82′ N, longitude 

080°38.03′ W, thence to latitude 

24°54.36′ N, longitude 080°37.72′ W, 

thence to latitude 24°51.07′ N, longitude 

080°37.14′ W, thence to latitude 

24°54.36′ N, longitude 080°37.72′ W, 

thence to point of origin at latitude 

24°54.82′ N, longitude 080°38.03′ W. 

The event course begins and ends at 

Amara Cay Resort in Islamorada, 

Florida, extending through Hawks 

Channel with a turnaround point at 

Alligator Lighthouse. All coordinates 

are North American Datum 1983. 

(b) Definition. As used in this section, 

the term ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Key West (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the COTP Key 

West or a designated representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the COTP Key West by 

telephone at (305) 292–8772, or a 

designated representative via VHF–FM 

radio on channel 16 to request 

authorization. If authorization is 


ddrumheller on DSK120RN23PROD with RULES1
60150 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Rules and Regulations 

granted, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Key West or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners via VHF–FM channel 16, or 

the COTP’s designated representative. 

(d) Enforcement period. This rule will 

be enforced from 7:30 a.m. until 4:00 

p.m., on September 9, 2023. 

Dated: August 22, 2023. 

J. Ingram, 

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

Port Key West. 

[FR Doc. 2023–18641 Filed 8–30–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0618; FRL–9242–03– 

R4] 

Air Plan Approval; North Carolina; 

Volatile Organic Compound 

Regulations; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a final rule that 

appeared in the Federal Register on 

August 4, 2023, titled ‘‘Air Plan 

Approval; North Carolina; Volatile 

Organic Compound Regulations.’’ The 

document approved revisions to the 

North Carolina State Implementation 

Plan concerning several updates to the 

North Carolina Department of 

Environmental Quality’s air regulations 

which apply to sources that emit 

volatile organic compounds. EPA 

approved those changes pursuant to the 

Clean Air Act. An error in the 

instructions amending the Code of 

Federal Regulations (CFR) in the 

document is identified and corrected in 

this action. This correction does not 

change any final action taken by EPA in 

the August 4, 2023, final rule. 

DATES: Effective September 8, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0618. All documents in the docket 

are listed on the regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., 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 Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sarah LaRocca, Air Planning and 

Implementation Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW, Atlanta, Georgia 30303–8960. 

Ms. LaRocca can be reached via 

electronic mail at larocca.sarah@

epa.gov or via telephone at (404) 562– 

8994. 

SUPPLEMENTARY INFORMATION: EPA 

published a final rule in the Federal 

Register on August 4, 2023 (88 FR 

51713), titled ‘‘Air Plan Approval; North 

Carolina; Volatile Organic Compound 

Regulations.’’ The final rule approved 

changes to the following regulations in 

North Carolina’s SIP: 15A North 

Carolina Administrative Code 

Subchapter 02D, Rules .0901, 

Definitions; .0902, Applicability; .0903, 

Recordkeeping: Reporting: Monitoring; 

.0906, Circumvention; .0909, 

Compliance Schedules for Sources in 

Ozone Nonattainment and Maintenance 

Areas; .0912, General Provisions on Test 

Methods and Procedures; .0918, Can 

Coating; .0919, Coil Coating; .0922, 

Metal Furniture Coatings; .0923, Surface 

Coating of Large Appliance Parts; .0924, 

Magnet Wire Coating; .0925, Petroleum 

Liquid Storage in Fixed Roof Tanks; 

.0928, Gasoline Service Stations Stage 1; 

.0930, Solvent Metal Cleaning; .0931, 

Cutback Asphalt; .0933, Petroleum 

Liquid Storage in External Floating Roof 

Tanks; .0935, Factory Surface Coating of 

Flat Wood Paneling; .0937, Manufacture 

of Pneumatic Rubber Tires; .0943, 

Synthetic Organic Chemical and 

Polymer Manufacturing; .0944, 

Manufacture of Polyethylene: 

Polypropylene and Polystyrene; .0945 

Petroleum Dry Cleaning; .0947, 

Manufacture of Synthesized 

Pharmaceutical Products; .0948, VOC 

Emissions from Transfer Operations; 

.0949, Storage of Miscellaneous Volatile 

Organic Compounds; .0951, RACT For 

Sources of Volatile Organic 

Compounds; .0955, Thread Bonding 

Manufacturing; .0956, Glass Christmas 

Ornament Manufacturing; .0957, 

Commercial Bakeries; .0961, Offset 

Lithographic Printing and Letterpress 

Printing; .0962, Industrial Cleaning 

Solvents; .0963, Fiberglass Boat 

Manufacturing Materials; .0964, 

Miscellaneous Industrial Adhesives; 

.0965, Flexible Package Printing; .0966, 

Paper, Film and Foil Coatings; .0967, 

Miscellaneous Metal and Plastic Parts 

Coatings; and .0968, Automobile and 

Light Duty Truck Assembly Coatings. 

However, the Federal Register 

document contained an error in the 

instructions regarding amendments to 

the table titled ‘‘EPA-Approved North 

Carolina Regulations’’ found at 40 CFR 

52.1770(c)(1). See 88 FR 51715. In the 

instructions, EPA inadvertently referred 

to the table entries to be amended as 

‘‘Section .0901,’’ ‘‘Section .0902,’’ 

‘‘Section .0903,’’ ‘‘Section .0906,’’ 

‘‘Section .0909,’’ ‘‘Section .0912,’’ 

‘‘Section .0918,’’ ‘‘Section .0919,’’ 

‘‘Section .0922,’’ ‘‘Section .0923,’’ 

‘‘Section .0924,’’ ‘‘Section .0925,’’ 

‘‘Section .0928,’’ ‘‘Section .0930,’’ 

‘‘Section .0931,’’ ‘‘Section .0933,’’ 

‘‘Section .0935,’’ ‘‘Section .0937,’’ 

‘‘Section .0943,’’ ‘‘Section .0944,’’ 

‘‘Section .0945,’’ ‘‘Section .0947,’’ 

‘‘Section .0948,’’ ‘‘Section .0949,’’ 

‘‘Section .0951,’’ ‘‘Section .0955,’’ 

‘‘Section .0956,’’ ‘‘Section .0957,’’ 

‘‘Section .0961,’’ ‘‘Section .0962,’’ 

‘‘Section .0963,’’ ‘‘Section .0964,’’ 

‘‘Section .0965,’’ ‘‘Section .0966,’’ 

‘‘Section .0967,’’ and ‘‘Section .0968’’ 

instead of ‘‘Rule .0901,’’ ‘‘Rule .0902,’’ 

‘‘Rule .0903,’’ ‘‘Rule .0906,’’ ‘‘Rule 

.0909,’’ ‘‘Rule .0912,’’ ‘‘Rule .0918,’’ 

‘‘Rule .0919,’’ ‘‘Rule .0922,’’ ‘‘Rule 

.0923,’’ ‘‘Rule .0924,’’ ‘‘Rule .0925,’’ 

‘‘Rule .0928,’’ ‘‘Rule .0930,’’ ‘‘Rule 

.0931,’’ ‘‘Rule .0933,’’ ‘‘Rule .0935,’’ 

‘‘Rule .0937,’’ ‘‘Rule .0943,’’ ‘‘Rule 

.0944,’’ ‘‘Rule .0945,’’ ‘‘Rule .0947,’’ 

‘‘Rule .0948,’’ ‘‘Rule .0949,’’ ‘‘Rule 

.0951,’’ ‘‘Rule .0955,’’ ‘‘Rule .0956,’’ 

‘‘Rule .0957,’’ ‘‘Rule .0961,’’ ‘‘Rule 

.0962,’’ ‘‘Rule .0963,’’ ‘‘Rule .0964,’’ 

‘‘Rule .0965,’’ ‘‘Rule .0966,’’ ‘‘Rule 

.0967,’’ and ‘‘Rule .0968’’ and therefore 

inadvertently sought to replace, rather 

than revise, those entries. EPA is now 

correcting that error. 

Correction 

§ 52.1770 [Corrected] 

■ In FR Doc. 2023–16600, published at 

88 FR 51713 in the issue of August 4, 

2023, on page 51715, in the second and 

third columns, amendatory instruction 2 


ddrumheller on DSK120RN23PROD with RULES1