64010 Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations 

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. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminates 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this 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 rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. In § 117.587, revise paragraphs (a) 

introductory text and (a)(1) to read as 

follows: 

§ 117.587 Apponagansett River. 

(a) The draw of the Padanaram Bridge, 

mile 1.0, shall open on signal from 1 

May through 31 October, between 6 a.m. 

and 9 p.m., daily, as follows: 

(1) The bridge shall open on signal, 

twice an hour, on the hour and half 

hour between 6 a.m. and 9 a.m. and 

between 8 p.m. and 9 p.m. 

* * * * * 

Dated: September 16, 2011. 

Daniel A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2011–26545 Filed 10–14–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 2 

[EPA–HQ–OAR–2009–0924; FRL–9479–8] 

Special Rules Governing Certain 

Information Obtained Under the Clean 

Air Act: Technical Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is taking direct final 

action to correct an erroneous reference 

in EPA’s procedures for handling data 

required under the Mandatory 

Greenhouse Gas Reporting Rule, which 

are provided in the Special Rules 

Governing Certain Information Obtained 

Under the Clean Air Act. This 

correction does not change any 

requirements for entities regulated 

under the Mandatory Greenhouse Gas 

Reporting Rule or the final 

confidentiality determinations that EPA 

has made for such data. 

DATES: This rule is effective on 

December 1, 2011 without further 

notice, unless the EPA receives adverse 

comment by November 16, 2011. If we 

receive adverse comment by this date, 

we will publish a timely withdrawal 

notice in the Federal Register to inform 

the public that this rule will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2009–0924, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• E-mail: GHGReportingCBI@epa.gov. 

• Fax: (202) 566–1741. 

• Mail: Environmental Protection 

Agency, EPA Docket Center (EPA/DC), 

Mailcode 6102T, Attention Docket ID 


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Federal Register / Vol. 76, No. 200 / Monday, October 17, 2011 / Rules and Regulations 64011 

No. EPA–HQ–OAR–2009–0924, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

Public Reading Room, EPA West 

Building, Room 3334, 1301 Constitution 

Avenue, NW., Washington, DC 20004. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2009– 

0924. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be confidential 

business information (CBI) or other 

information for which disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means that the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to the EPA without 

going through http:// 

www.regulations.gov, your e-mail 

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, the 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 the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the 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. For additional information 

about the EPA’s public docket, visit the 

EPA Docket Center homepage at 

http://www.epa.gov/epahome/ 

dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

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 at http:// 

www.regulations.gov or in hard copy at 

the Air Docket office, EPA/DC, EPA 

West, Room B102, 1301 Constitution 

Ave., NW., Washington, DC. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: 

Carole Cook, Climate Change Division, 

Office of Atmospheric Programs (MC– 

6207J), Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460; telephone 

number: (202) 343–9263; fax number: 

(202) 343–2342; e-mail address: 

GHGReportingRule@epa.gov. For 

technical information and 

implementation materials, please go to 

the Web site http://www.epa.gov/ 

climatechange/emissions/ 

ghgrulemaking.html. To submit a 

question, select Rule Help Center, then 

select Contact Us. 

SUPPLEMENTARY INFORMATION: 

Why is EPA using a direct final rule? 

The EPA is publishing this rule 

without a prior proposal because we 

view this as a noncontroversial action 

and anticipate no adverse comment. 

This change simply revises one section 

of 40 CFR part 2, subpart B, to correct 

and clarify a reference. This correction 

does not alter the requirements for 

entities regulated by the Mandatory 

Greenhouse Gas Reporting Rule (40 CFR 

part 98, hereinafter ‘‘part 98’’), nor does 

it affect the final confidentiality 

determinations for part 98 data that EPA 

has made through rulemaking. However, 

in the ‘‘Proposed Rules’’ section of 

today’s Federal Register, we are 

publishing a separate notice that will 

serve as the proposed rule for this 

correction should EPA receive adverse 

comment on this direct final rule. We 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so by 

the comment deadline listed in the 

DATES section of this document. For 

further information about commenting 

on this rule, see the ADDRESSES section 

of this document. 

If the EPA receives adverse comment, 

we will publish a timely withdrawal 

notice in the Federal Register to inform 

the public that this direct final rule will 

not take effect. In that case, we would 

address all public comments in any 

subsequent final rule based on the 

proposed rule. 

Submitting CBI. Do not submit CBI to 

the EPA through http:// 

www.regulations.gov or by e-mail. 

Clearly mark the part or all of the 

information that you claim to be CBI. 

For CBI information in a disk or CD– 

ROM that you mail to the EPA, mark the 

outside of the disk or CD–ROM as CBI 

and then identify electronically within 

the disk or CD–ROM the specific 

information that is claimed as CBI. In 

addition to one complete version of the 

comment that includes information 

claimed as CBI, a copy of the comment 

that does not contain the information 

claimed as CBI must be submitted for 

inclusion in the public docket. 

Information marked as CBI will not be 

disclosed except in accordance with 

procedures set forth in 40 CFR part 2. 

Does this action apply to me? 

The entities potentially affected by 

this final rule include those listed in 

Table 1 of this preamble: 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY

Category NAICS Examples of affected facilities 

General Stationary Fuel Combustion Sources........................... Facilities operating boilers, process heaters, incinerators, turbines, and internal combustion 

engines: 

211 Extractors of crude petroleum and natural gas. 

321 Manufacturers of lumber and wood products. 

322 Pulp and paper mills. 

325 Chemical manufacturers. 

324 Petroleum refineries, and manufacturers of coal products. 

316, 326, 339 Manufacturers of rubber and miscellaneous plastic products. 

331 Steel works, blast furnaces. 

332 Electroplating, plating, polishing, anodizing, and coloring. 

336 Manufacturers of motor vehicle parts and accessories. 


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TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

221 Electric, gas, and sanitary services. 

622 Health services. 

611 Educational services. 

Electricity Generation ............... 221112 Fossil-fuel fired electric generating units, including units owned by Federal and municipal 

governments and units located in Indian Country. 

Adipic Acid Production ............. 325199 Adipic acid manufacturing facilities. 

Aluminum Production ............... 331312 Primary Aluminum production facilities. 

Ammonia Manufacturing .......... 325311 Anhydrous and aqueous ammonia manufacturing facilities. 

Cement Production .................. 327310 Portland Cement manufacturing plants. 

Electronics Manufacturing ........ 334111 Microcomputers manufacturing facilities. 

334413 Semiconductor, photovoltaic (solid-state) device manufacturing facilities. 

334419 LCD unit screens manufacturing facilities. 

MEMS manufacturing facilities. 

Ferroalloy Production ............... 331112 Ferroalloys manufacturing facilities. 

Fluorinated Gas Production ..... 325120 Industrial gases manufacturing facilities. 

Glass Production ...................... 327211 Flat glass manufacturing facilities. 

327213 Glass container manufacturing facilities. 

327212 Other pressed and blown glass and glassware manufacturing facilities. 

HCFC–22 Production and 

HFC–23 Destruction.

325120 Chlorodifluoromethane manufacturing facilities. 

Hydrogen Production ............... 325120 Hydrogen manufacturing facilities. 

Iron and Steel Production ........ 331111 Integrated iron and steel mills, steel companies, sinter plants, blast furnaces, basic oxygen 

process furnace shops. 

Lead Production ....................... 331419 Primary lead smelting and refining facilities. 

331492 Secondary lead smelting and refining facilities. 

Lime Manufacturing ................. 327410 Calcium oxide, calcium hydroxide, dolomitic hydrates manufacturing facilities. 

Magnesium Production ............ 331419 Primary refiners of nonferrous metals by electrolytic methods. 

331492 Secondary magnesium processing plants. 

Nitric Acid Production .............. 325311 Nitric acid manufacturing facilities. 

Petroleum and Natural Gas 

Systems.

486210 Pipeline transportation of natural gas. 

221210 Natural gas distribution facilities. 

211 Extractors of crude petroleum and natural gas. 

211112 Natural gas liquid extraction facilities. 

Petrochemical Production ........ 32511 Ethylene dichloride manufacturing facilities. 

325199 Acrylonitrile, ethylene oxide, methanol manufacturing facilities. 

325110 Ethylene manufacturing facilities. 

325182 Carbon black manufacturing facilities. 

Petroleum Refineries ............... 324110 Petroleum refineries. 

Phosphoric Acid Production ..... 325312 Phosphoric acid manufacturing facilities. 

Pulp and Paper Manufacturing 322110 Pulp mills. 

322121 Paper mills. 

322130 Paperboard mills. 

Silicon Carbide Production ...... 327910 Silicon carbide abrasives manufacturing facilities. 

Soda Ash Manufacturing ......... 325181 Alkalies and chlorine manufacturing facilities. 

212391 Soda ash, natural, mining and/or beneficiation. 

Electrical Transmission and 

Distribution Equipment Use.

221121 Electric bulk power transmission and control facilities. 

Titanium Dioxide Production .... 325188 Titanium dioxide manufacturing facilities. 

Underground Coal Mines ......... 212113 Underground anthracite coal mining operations. 

212112 Underground bituminous coal mining operations. 

Zinc Production ........................ 331419 Primary zinc refining facilities. 

331492 Zinc dust reclaiming facilities, recovering from scrap and/or alloying purchased metals. 

Municipal Solid Waste Landfills 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

Industrial Wastewater Treatment.322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

325193 Ethanol manufacturing facilities. 

Suppliers of Coal Based Liquids Fuels.211111 Coal liquefaction at mine sites. 

Suppliers of Petroleum Products.324110 Petroleum refineries. 

Suppliers of Natural Gas and 

NGLs.

221210 Natural gas distribution facilities. 

211112 Natural gas liquid extraction facilities. 


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1Paragraph (d) also references CAA section 

307(d), which is correct. 

TABLE 1—EXAMPLES OF AFFECTED ENTITIES BY CATEGORY—Continued 

Category NAICS Examples of affected facilities 

Suppliers of Industrial Greenhouse Gases.325120 Industrial gas manufacturing facilities. 

Suppliers of Carbon Dioxide 

(CO2).

325120 Industrial gas manufacturing facilities. 

Importers and Exporters of 

Fluorinated Greenhouse 

Gases in Pre-charged Equipment or Closed-Cell Foams.

423730 Air-conditioning equipment (except room units) merchant wholesalers. 

333415 Air-conditioning equipment (except motor vehicle) manufacturing. 

336391 Motor vehicle air-conditioning manufacturing. 

423620 Air-conditioners, room, merchant wholesalers. 

443111 Household appliance stores. 

423730 Automotive air-conditioners merchant wholesalers. 

326150 Polyurethane foam products manufacturing. 

335313 Circuit breakers, power, manufacturing. 

423610 Circuit breakers merchant wholesalers. 

Geologic Sequestration of Carbon Dioxide.N/A CO2 geologic sequestration projects. 

Electrical Equipment Manufacture or Refurbishment.33531 Power transmission and distribution switchgear and specialty transformers manufacturing facilities. 

Industrial Waste Landfills ......... 562212 Solid waste landfills. 

221320 Sewage treatment facilities. 

322110 Pulp mills. 

322121 Paper mills. 

322122 Newsprint mills. 

322130 Paperboard mills. 

311611 Meat processing facilities. 

311411 Frozen fruit, juice, and vegetable manufacturing facilities. 

311421 Fruit and vegetable canning facilities. 

Injection of Carbon Dioxide ..... 211 Oil and gas extraction projects using CO2 enhanced oil and gas recovery. 

211111 or 

211112 

Projects that inject acid gas containing CO2 underground. 

Table 1 of this preamble is not 

intended to be exhaustive, but rather 

provides a guide for readers regarding 

facilities likely to be affected by this 

action and 40 CFR part 98. Table 1 of 

this preamble lists the types of facilities 

that the EPA is now aware could be 

affected by this action. Other types of 

facilities not listed in the table could 

also be affected. To determine whether 

your facility is affected by this action, 

you should carefully examine the 

applicability criteria found in 40 CFR 

part 98, subpart A, and other subparts 

as necessary. If you have questions 

regarding the applicability of this action 

to a particular facility, consult the 

person listed in the preceding FOR

FURTHER INFORMATION CONTACT section. 

Table of Contents 

I. Background of Final Rule 

II. What is the technical correction to 40 CFR 

2.301(d)? 

III. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. Background of Final Rule 

On May 26, 2011, the EPA published 

the Final Confidentiality Determinations 

for Data Required Under the Mandatory 

Greenhouse Gas Reporting Rule and 

Amendments to Special Rules 

Governing Certain Information Obtained 

Under the Clean Air Act (76 FR 30782). 

In that final rule, pursuant to CAA 

section 114(c), the EPA made 

confidentiality determinations for 

certain data elements in part 98. The 

EPA made these determinations through 

rulemaking pursuant to CAA section 

307(d). (See 76 FR 30782: ‘‘The 

Administrator determined that this 

action is subject to the provisions of the 

Clean Air Act (CAA) section 307(d).’’) 

In addition, in the same notice, the 

EPA amended 40 CFR 2.301 by adding 

a new subsection 2.301(d) that 

establishes specific procedures for the 

EPA’s handling of data collected under 

part 98 in accordance with the EPA’s 

final confidentiality determinations for 

the data. (See 76 FR 30782, 30784, 

30815 (May 26, 2011); see also 75 FR 

39094, 39098, 39102–03 (July 7, 2010).) 

Subsection 2.301(d) authorizes the EPA 

to release or withhold as confidential 

data collected under part 98 based on 

confidentiality determinations EPA 

makes through rulemaking without 

taking further procedural steps. 

II. What is the technical correction to 

40 CFR 2.301(d)? 

This direct final rule corrects a minor 

technical error in 40 CFR 2.301(d). 

Specifically, paragraph (d) erroneously 

cites the Administrative Procedure Act 

(hereinafter referred to as ‘‘APA’’), 5 

U.S.C. 553(c), instead of CAA section 

307(d), as the authority under which 

confidentiality determinations for part 

98 data are made. This action corrects 

the erroneous reference.1

It is clear from the preambles to both 

the proposed and final confidentiality 


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determinations rule and the 

accompanying amendment to 40 CFR 

2.301 that the procedures established 

under 40 CFR 2.301(d) relate to 

confidentiality determinations made in 

that rule, which were made under CAA 

sections 114(c) and 307(d). The public 

comments on that rulemaking also 

indicated this understanding (see, e.g., 

comment EPA–HQ–OAR–2009–0924– 

0064.1, comment excerpt 6). However, 

40 CFR 2.301(d) inadvertently cites 5 

U.S.C. 553(c) instead of CAA 307(d) in 

its reference to the final confidentiality 

determination rule. While there appears 

to be no confusion due to this error, 

EPA believes that we should make this 

correction to avoid any potential for 

confusion in the future. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

The correction to 40 CFR part 2 does 

not impose any information collection 

burden. 

C. Regulatory Flexibility Act (RFA) 

The RFA generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. For 

purposes of assessing the impacts of the 

amendments on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s regulations at 13 CFR 

121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. After considering 

the economic impacts of today’s 

correction to the citation in 40 CFR part 

2 on small entities, I certify that this 

action will not have a significant 

economic impact on a substantial 

number of small entities. In determining 

whether a rule has a significant 

economic impact on a substantial 

number of small entities, the impact of 

concern is any significant adverse 

economic impact on small entities, 

since the primary purpose of the 

regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

This rule will not impose any new 

requirement on small entities that are 

not currently required by part 98. The 

amendments to 40 CFR part 2 are 

administrative in nature. Therefore, this 

rule does not have a significant 

economic impact on a substantial 

number of small entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. This 

action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. The 

correction in this final rule revises a 

citation reference in one section of 40 

CFR part 2, subpart B to confirm the 

original intention of the reference by 

correcting the citation to statutory 

authority. 

E. Executive Order 13132: Federalism 

This change to 40 CFR part 2 does not 

have federalism implications. It will 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. However, for a 

more detailed discussion about how 

part 98 relates to existing state 

programs, please see Section II of the 

preamble to the final part 98 rule (74 FR 

56266). 

The correction to 40 CFR part 2 is 

administrative in nature and applies to 

data reported under Part 98 by facilities 

that directly emit GHGs or supply fuel 

or chemicals that may emit GHGs when 

used. Part 98 does not apply to 

governmental entities unless the 

government entity owns a facility that 

directly emit GHGs above threshold 

levels such as large stationary 

combustion sources or landfills, so 

relatively few government facilities 

would be affected. The change to 40 

CFR part 2 also does not limit the power 

of states or local governments to collect 

GHG data or regulate GHG emissions. 

Thus, Executive Order 13132 does not 

apply to this correction. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action is not expected to have 

Tribal implications, as specified in 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because this action 

is administrative in nature and does not 

impose any new requirements on 

Tribes. Thus, Executive Order 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

The EPA interprets Executive Order 

13045 (62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This action is not subject to 

Executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211 (66 FR 28355, May 22, 

2001), because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. The 

amendments to 40 CFR part 2 are 

administrative in nature and therefore 

do not have any adverse impacts on 

energy supply, distribution, or use. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law No. 

104–113, 12(d) (15 U.S.C. 272 note) 


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directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs the 

EPA to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This change to 40 CFR part 2 is 

administrative in nature and does not 

involve technical standards. Therefore, 

the EPA did not consider the use of any 

voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that the 

direct final action will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because the correction noted does not 

affect the level of protection provided to 

human health or the environment. The 

change to 40 CFR part 2 is 

administrative in nature and therefore 

does not affect the level of protection 

provided to human health or the 

environment. 

K. Congressional Review Act 

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. The 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 U.S. 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). This 

rule will be effective December 1, 2011. 

List of Subjects in 40 CFR Part 2 

Environmental protection, 

Administrative practice and procedure, 

Reporting and recordkeeping 

requirements. 

Dated: October 11, 2011. 

Lisa P. Jackson, 

Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 2—[AMENDED] 

■ 1. The authority citation for part 2 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552 (as amended), 

553; sec. 114, Clean Air Act (as amended) (42 

U.S.C. 7414). 

Subpart B—[Amended] 

§ 2.301 [Amended] 

■ 2. Section 2.301 is amended by: 

■ a. In paragraph (d)(1) introductory 

text, revising the phrase ‘‘pursuant to 

section 114(c) of the Clean Air Act and 

5 U.S.C. 553(c)’’ to read ‘‘pursuant to 

sections 114(c) and 307(d) of the Clean 

Air Act’’. 

■ b. In the first sentence of paragraph 

(d)(2), revising the phrase ‘‘pursuant to 

section 114(c) of the Clean Air Act and 

5 U.S.C. 553(c)’’ to read ‘‘pursuant to 

sections 114(c) and 307(d) of the Clean 

Air Act’’. 

■ c. In the first sentence of paragraph 

(d)(3), revising the phrase ‘‘pursuant to 

section 114(c) of the Clean Air Act and 

5 U.S.C. 553(c)’’ to read ‘‘pursuant to 

sections 114(c) and 307(d) of the Clean 

Air Act’’. 

■ d. In the second sentence of paragraph 

(d)(4) introductory text, revising the 

phrase ‘‘pursuant to section 114(c) of 

the Clean Air Act and 5 U.S.C. 553(c)’’ 

to read ‘‘pursuant to sections 114(c) and 

307(d) of the Clean Air Act’’. 

■ e. In paragraph (d)(4)(i), revising the 

phrase ‘‘pursuant to section 114(c) of 

the Clean Air Act and 5 U.S.C. 553(c)’’ 

to read ‘‘pursuant to sections 114(c) and 

307(d) of the Clean Air Act’’. 

[FR Doc. 2011–26766 Filed 10–14–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0610; FRL–9479–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Adoption of Control 

Techniques Guidelines for Drum and 

Pail Coatings 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This SIP revision includes amendments 

to the Code of Maryland (COMAR) 

26.11.19.13, Volatile Organic 

Compounds from Specific Processes, 

Drum and Pail Coating. Maryland’s SIP 

revision meets the requirement to adopt 

Reasonably Available Control 

Technology (RACT) for sources covered 

by EPA’s Control Techniques 

Guidelines (CTG) standards for drum 

and pail coatings and will help 

Maryland attain and maintain the 

National Ambient Air Quality Standard 

(NAAQS) for ozone. EPA is approving 

this revision concerning the adoption of 

the CTG requirements for drum and pail 

coatings in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on November 16, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0610. All 

documents in the docket are listed in 

the http://www.regulations.gov website. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (CBI) 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 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 


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