76046 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations 

determination will be made available as 

directed under the ADDRESSES section. 

List of Subjects 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: 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–0983 to read as 

follows: 

§ 165.T08–0983 Safety Zone; Power Line 

Replacement, West Bay, Panama City, FL 

(a) Location. The following area is a 

safety zone: A portion of West Bay 

Creek and West Bay, to include all 

waters between the Highway 79 Fixed 

Bridge and the mouth of West Bay Creek 

out to buoy markers 27 and 28 of the 

Intracoastal Waterway. 

(b) Effective dates. This rule will be 

effective from November 14, 2011, 

through December 31, 2011. 

Enforcement times will be during 

daylight hours only and exact 

enforcement dates will be broadcasted 

via a Safety Broadcast Notice to 

Mariners. 

(c) 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 Mobile or a 

designated representative. 

(2) Vessels desiring to enter into or 

passage through the zone must request 

permission from the Captain of the Port 

Mobile or a designated representative. 

They may be contacted on VHF–FM 

channels 16 or by telephone at (251) 

441–5976. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the Captain of the 

Port or designated representative. 

Designated representatives include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(d) Informational Broadcasts: The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

Dated: November 10, 2011. 

D.J. Rose, 

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

Port Mobile. 

[FR Doc. 2011–31265 Filed 12–5–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0881; FRL–9499–4] 

Interim Final Determination To Defer 

Sanctions, San Joaquin Valley Unified 

Air Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final rule. 

SUMMARY: EPA is making an interim 

final determination to defer imposition 

of sanctions based on a proposed 

approval of revisions to the San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD or District) portion 

of the California State Implementation 

Plan (SIP) published elsewhere in 

today’s Federal Register. The revisions 

concern SJVUAPCD Rules 2020 and 

2201. 

DATES: This interim final determination 

is effective on December 6, 2011. 

However, comments will be accepted 

until January 5, 2012. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0881, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

• Email: R9airpermits@epa.gov. 

• Mail or deliver: Gerardo Rios (Air3), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. 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. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section 

below. 

FOR FURTHER INFORMATION CONTACT: 

Laura Yannayon, EPA Region IX, (415) 

972–3534 or send email to 

yannayon.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

I. Background 

On May 11, 2010 (75 FR 26102), we 

finalized a limited approval and limited 

disapproval of San Joaquin Valley 

Unified Air Pollution Control District 

(‘‘SJVUAPCD’’ or ‘‘District’’) Rules 2020 

(Exemptions) and 2201 (New and 

Modified Stationary Source Review 

Rule), which were submitted to EPA by 

the California Air Resources Board 

(CARB). These rules strengthened the 

SIP, but contained deficiencies in 

enforceability that prevented full 

approval. Both rules contained 

references to California Health and 

Safety Code (CH&SC) under 

circumstances where the State law has 

not been submitted to EPA for approval 

into the SIP. This disapproval action 

started a sanctions clock for imposition 

of sanctions pursuant to section 179 of 

the Clean Air Act (CAA) and our 

regulations at 40 CFR 52.31. Under 40 

CFR 52.31(d)(1), offset sanctions apply 

eighteen months after the effective date 

of a disapproval and highway sanctions 

apply six months after the offset 

sanctions, unless we determine that the 

deficiencies forming the basis of the 

disapproval have been corrected. The 

effective date of our May 11, 2010 final 

rule was June 10, 2010, and thus, the 

offset sanctions will apply beginning on 

December 10, 2011, unless we 

determine that the deficiencies forming 

the basis of the disapproval have been 

corrected. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations 76047 

On August 18, 2011 and April 21, 

2011, SJVUAPCD adopted revisions to 

Rule 2020 and Rule 2201, respectively, 

that were intended, among other 

purposes, to correct the deficiencies 

identified in our limited disapproval 

action. On September 28, 2011 and May 

19, 2011, the State submitted amended 

SJVUAPCD Rule 2020 and amended 

SJVUAPCD Rule 2201, respectively, to 

EPA as revisions to the California SIP. 

In the Proposed Rules section of today’s 

Federal Register, we have proposed full 

approval of the amended rules because 

we believe that they correct the 

deficiencies in the rules identified in 

our May 11, 2010 disapproval action, 

and they otherwise meet all applicable 

CAA requirements. Based on today’s 

proposed approval, we are taking this 

final rulemaking action, effective on 

publication, to defer the imposition of 

sanctions triggered by our May 11, 2010 

limited disapproval. 

EPA is providing the public with an 

opportunity to comment on this deferral 

of sanctions. If comments are submitted 

that change our assessment described in 

this final determination and the 

proposed full approval of revised 

SJVUAPCD Rules 2020 and 2201, we 

intend to take subsequent final action to 

reimpose sanctions pursuant to 40 CFR 

52.31(d). If no comments are submitted 

that change our assessment, then all 

sanctions clocks will be permanently 

terminated on the effective date of a 

final rule approval. 

II. EPA Action 

We are making an interim final 

determination to defer CAA section 179 

sanctions associated with SJVUAPCD 

Rules 2020 and 2201 based on our 

proposal to approve the State’s SIP 

revisions as correcting the specified 

deficiencies that prompted the finding 

to initiate sanctions clocks. 

Because EPA has preliminarily 

determined that the SJVUAPCD has 

corrected the specified deficiencies 

prompting EPA’s limited disapproval 

action, we have determined that it is 

appropriate to relieve the SJVUAPCD 

from the pending imposition of 

sanctions as quickly as possible. 

Therefore, EPA is invoking the good 

cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal of the District’s amended rules 

and, through its proposed action, is 

indicating that it is more likely than not 

that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to impose sanctions when the 

State has most likely done all it can to 

correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to defer sanctions 

while EPA completes its rulemaking 

process on the approvability of the 

State’s submittal of amended District 

Rules 2020 and 2201. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action defers Federal sanctions 

and imposes no additional 

requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

This rule 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). 

This rule does not have tribal 

implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action does not have Federalism 

implications because it does not 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 government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply to this rule because 

it imposes no standards. 

This rule does not impose an 

information collection burden under the 

provisions of 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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefore, 

and established an effective date of 

December 6, 2011. 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This rule 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 February 6, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 


tkelley on DSK3SPTVN1PROD with RULES
76048 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations 

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 

regulations, Reporting and 

recordkeeping requirements. 

Dated: November 22, 2011. 

Jared Blumenfeld, 

Regional Administrator, EPA Region IX. 

[FR Doc. 2011–31184 Filed 12–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2011–0017; EPA–R05– 

OAR–2011–0106; FRL–9499–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio 

and Indiana; Redesignation of the Ohio 

and Indiana Portions CincinnatiHamilton Area to Attainment of the 

1997 Annual Standard for Fine 

Particulate Matter 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, EPA is withdrawing 

the October 19, 2011 (76 FR 64825), 

direct final rule approving Ohio’s and 

Indiana’s requests to redesignate their 

respective portions of the CincinnatiHamilton nonattainment area (for Ohio: 

Butler, Clermont, Hamilton, and Warren 

Counties, Ohio; for Indiana: a portion of 

Dearborn County) to attainment for the 

1997 annual National Ambient Air 

Quality Standard (NAAQS or standard) 

for fine particulate matter (PM2.5). In the 

direct final rule, EPA stated that if 

adverse comments were received by 

November 18, 2011, the rule would be 

withdrawn and not take effect. On 

October 19, 2011, EPA received a 

comment. EPA interprets this comment 

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 October 19, 2011 (76 FR 

64880). EPA will not institute a second 

comment period on this action. 

DATES: The direct final rule published at 

76 FR 64825 on October 19, 2011, is 

withdrawn as of December 6, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Persoon, Environmental 

Engineer, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8290, 

persoon.carolyn@epa.gov. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter. 

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

Dated: November 23, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

PART 52—[AMENDED] 

■ Accordingly, the amendments to 40 

CFR 52.776 and 40 CFR 52.1880 

published in the Federal Register on 

October 19, 2011 (76 FR 64825) on page 

64837 are withdrawn as of December 6, 

2011. 

PART 81—[AMENDED] 

■ Accordingly, the amendments to 40 

CFR 81.315 and 40 CFR 81.336 

published in the Federal Register on 

October 19, 2011 (76 FR 64825) on 

pages 64837–64838 are withdrawn as of 

December 6, 2011. 

[FR Doc. 2011–31136 Filed 12–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–HQ–OAR–2009–0443; FRL–9492–3] 

RIN 2060–AR17 

Air Quality Designations for the 2008 

Lead (Pb) National Ambient Air Quality 

Standards 

Correction 

In rule document 2011–29460 

appearing on pages 72097–72120 in the 

issues of Tuesday, November 22, 2011, 

make the following corrections: 

§ 81.337 [Corrected] 

■ 1. On page 72115, in the first table on 

the page, the column heading 

‘‘Designation for the 2008 NAAQS’’ 

should read ‘‘Designation for the 2008 

NAAQSa’’. 

§ 81.338 [Corrected] 

■ 2. On page 72115, in the second table 

on the page, the column heading 

‘‘Designation for the 2008 NAAQS’’ 

should read ‘‘Designation for the 2008 

NAAQSa’’. 

§ 81.339 [Corrected] 

■ 3. On page 72115, in the third table on 

the page, the column heading 

‘‘Designation for the 2008 NAAQS’’ 

should read ‘‘Designation for the 2008 

NAAQSa’’. 

§ 81.340 [Corrected] 

■ 4. On page 72115, in the last table on 

the page, the column heading 

‘‘Designation for the 2008 NAAQS’’ 

should read ‘‘Designation for the 2008 

NAAQSa’’. 

§ 81.341 [Corrected] 

■ 5. On page 72116, in the first table on 

the page, the column heading 

‘‘Designation for the 2008 NAAQS’’ 

should read ‘‘Designation for the 2008 

NAAQSa’’. 

§ 81.342 [Corrected] 

■ 6. On page 72116, in the second table 

on the page, the column heading 

‘‘Designation for the 2008 NAAQS’’ 

should read ‘‘Designation for the 2008 

NAAQSa’’. 

[FR Doc. C1–2011–29460 Filed 12–5–11; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1998–0007; FRL–9500–4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the State Marine of Port Arthur 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final Notice of Deletion of the 

State Marine of Port Arthur (SMPA) 

Superfund Site located in Port Arthur, 

Texas (Jefferson County), from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to Section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Texas, through the Texas Commission 

on Environmental Quality, because EPA 

has determined that all appropriate 

response actions at these identified 

parcels under CERCLA, other than 

operation, maintenance, and Five-Year 

Reviews, have been completed. 


tkelley on DSK3SPTVN1PROD with RULES