Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules 30453 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, because it involves the 

establishment of a safety zone. 

A preliminary environmental analysis 

checklist and a preliminary 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 proposed rule. 

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 proposes to 

amend 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. 

Chapters 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. Add § 165.T09–0351 to read as 

follows: 

§ 165.T09–0351 Safety Zone; Olcott 

Fireworks, Lake Ontario, Olcott, NY. 

(a) Location. The safety zone will 

encompass all waters of Lake Ontario, 

Olcott, NY within a 1120 FT radius of 

position 43°20′23.57′′ N and 

78°43′09.50′′ W (NAD 83). 

(b) Effective and Enforcement Period. 

This regulation is effective and will be 

enforced on July 3, 2012 from 9:30 p.m. 

until 11 p.m. 

(c) Regulations. 

(1) In accordance with the general 

regulations in section 165.23 of this 

part, entry into, transiting, or anchoring 

within this safety zone is prohibited 

unless authorized by the Captain of the 

Port Buffalo or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. The on-scene 

representative of the Captain of the Port 

Buffalo is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port Buffalo to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: May 3, 2012. 

S.M. Wischmann, 

Captain, U.S. Coast Guard Captain of the 

Port Buffalo. 

[FR Doc. 2012–12453 Filed 5–22–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0347; FRL–9677–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Milwaukee-Racine 

Nonattainment Area; Determination of 

Attainment for the 2006 24-Hour Fine 

Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: EPA is extending the 

comment period for a proposed rule 

published April 24, 2012 (77 FR 24436). 

On April 24, 2012, EPA proposed to 

approve a determination of attainment 

for the Milwaukee-Racine, Wisconsin 

area for the 2006 24-hour fine particle 

National Ambient Air Quality Standard 

submitted by the State of Wisconsin on 

March 7, 2011. In response to a May 1, 

2012, request from David C. Bender, 

EPA is extending the comment period 

for 30 days. 

DATES: The comment period for the 

proposed rule published April 24, 2012 

(77 FR 24436) is being extended for 30 

days to June 25, 2012. 

ADDRESSES: Submit comments, 

identified by Docket ID No. EPA–R05– 

OAR–2011–0347, to: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, aburano.douglas@epa.gov. 

Additional instructions to comment can 

be found in the notice of proposed 

rulemaking published April 24, 2012 

(77 FR 24436). 

FOR FURTHER INFORMATION CONTACT: 

Gilberto Alvarez, Environmental 

Scientist, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

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30454 Federal Register / Vol. 77, No. 100 / Wednesday, May 23, 2012 / Proposed Rules 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–6143, 

alvarez.gilberto@epa.gov. 

Dated: May 11, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–12509 Filed 5–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0344, FRL–9676–1] 

Approval and Promulgation of 

Implementation Plans; State of 

Oregon; Regional Haze State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

portions of a State Implementation Plan 

(SIP) revision submitted by the State of 

Oregon on December 10, 2010 and 

supplemented on February 1, 2011, as 

meeting the requirements of Clean Air 

Act (CAA or the Act) section 169A and 

B and Federal Regulations in 40 CFR 

51.308. In a previous action on July 5, 

2011, EPA approved portions of the 

December 10, 2010, SIP submittal as 

meeting the requirements for interstate 

transport for visibility of CAA section 

110(a)(2)(D)(II) and certain requirements 

of the regional haze program including 

the requirements for best available 

retrofit technology (BART). 76 FR 

38997. The action in this Federal 

Register notice addresses the remaining 

requirements of the CAA and EPA’s 

rules that require states to prevent any 

future and remedy any existing 

anthropogenic impairment of visibility 

in mandatory Class I areas caused by 

emissions of air pollutants from 

numerous sources located over a wide 

geographic area (also referred to as the 

‘‘regional haze program’’). In this action, 

EPA proposes to approve the remaining 

regional haze SIP elements for which 

EPA previously took no action in the 

July 5, 2011 notice. 

DATES: Written comments must be 

received at the address below on or 

before June 22, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2012–0344 by one of the following 

methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10- 

Public_Comments@epa.gov. 

• Mail: Keith Rose, EPA Region 10, 

Suite 900, Office of Air, Waste and 

Toxics, 1200 Sixth Avenue, Seattle, WA 

98101. 

• Hand Delivery: EPA Region 10, 

1200 Sixth Avenue, Suite 900, Seattle, 

WA 98101. Attention: Keith Rose, Office 

of Air, Waste and Toxics, AWT–107. 

Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OAR–2012– 

0344. 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 form. 

Publicly available docket materials are 

available either electronically at 

www.regulations.gov or in hard copy at 

the Office of Air, Waste and Toxics, EPA 

Region 10, 1200 Sixth Avenue, Seattle, 

WA 98101. EPA requests that if at all 

possible, you contact the individual 

listed below to view a hard copy of the 

docket. 

FOR FURTHER INFORMATION CONTACT: 

Keith Rose at telephone number (206) 

553–1949, rose.keith@epa.gov, or the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

the EPA. Information is organized as 

follows: 

Table of Contents 

I. Background for EPA’s Proposed Action 

A. Definition of Regional Haze 

B. Regional Haze Rules and Regulations 

C. Roles of Agencies in Addressing 

Regional Haze 

II. Requirements for the Regional Haze SIPs 

A. The CAA and the Regional Haze Rule 

B. Determination of Baseline, Natural, and 

Current Visibility Conditions 

C. Consultation With States and Federal 

Land Managers 

D. Best Available Retrofit Technology 

E. Determination of Reasonable Progress 

Goals 

F. Long Term Strategy 

G. Coordinating Regional Haze and 

Reasonably Attributable Visibility 

Impairment 

H. Monitoring Strategy and Other 

Implementation Plan Requirements 

III. EPA’s Analysis of the Oregon Regional 

Haze SIP 

A. Affected Class I Areas 

B. Baseline and Natural Conditions 

C. Oregon Emissions Inventory 

D. Sources of Visibility Impairment in 

Oregon Class I Areas 

E. Best Available Retrofit Technology 

F. Reasonable Progress Goals 

1. Determination of Reasonable Progress 

Goals 

2. Demonstration of Reasonable Progress 

3. EPA’s Determination Whether the SIP 

Meets 40 CFR 51.308(d)(1) 

G. Long Term Strategy 

1. Ongoing Air Pollution Control Programs 

a. Prevention of Significant Deterioration/ 

New Source Review Rules 

b. Reasonably Attributable Visibility 

Impairment BART 

c. Oregon’s Phase I Visibility Protection 

Program 

d. Implementation of State and Federal 

Mobile Source Regulations 

e. On-Going Implementation of Programs to 

meet PM10 NAAQS 

2. Measures to Mitigate the Impacts of 

Construction Activities 

3. Emission Limitations and Schedules of 

Compliance 

4. Source Retirement and Replacement 

Schedules 

5. Smoke Management Techniques for 

Agricultural and Forestry Burning 

6. Enforceability of Emission Limitations 

and Control Measures 

H. Monitoring Strategy and Other 

Implementation Plan Requirements 

I. Consultation With States and Federal 

Land Managers 

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