Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations 79537 

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. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 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, eliminate 

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 

does not create an environmental risk to 

health or risk to safety that may 

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 guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(a), of the Instruction. This rule 

involves an editorial revision to a 

regulation in that it updates a telephone 

number and a radio frequency, and thus, 

paragraph (34)(a), of the Instruction 

applies. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. In § 165.910, revise paragraph (b)(3) 

to read as follows: 

§ 165.910 Security Zones; Captain of the 

Port Lake Michigan. 

* * * * * 

(b) * * * 

(3) Persons who would like to transit 

through a security zone in this section 

must contact the Captain of the Port 

Lake Michigan at telephone number 

(414) 747–7182 or on VHF channel 16 

(156.8 MHz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels shall comply 

with the instructions of the Captain of 

the Port Lake Michigan or his or her 

designated representative. 

* * * * * 

Dated: December 2, 2011. 

C.W. Tenney, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Lake Michigan. 

[FR Doc. 2011–32860 Filed 12–21–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0721; FRL–9609–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Adhesives and Sealants 

Rule 

AGENCY: Environmental Protection 

Agency (EPA). 


jlentini on DSK4TPTVN1PROD with RULES
79538 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. The 

revision adds section 4.0, under 

Regulation 1141, relating to the control 

of emissions of volatile organic 

compounds (VOC) from the 

manufacture, sale, use, or application of 

adhesives, sealants, primers, and 

solvents. EPA is approving this SIP 

revision to meet the requirements of a 

reasonably available control technology 

(RACT) rule for the miscellaneous 

industrial adhesives control techniques 

guideline (CTG) category in accordance 

with the requirements of the Clean Air 

Act (CAA). 

DATES: Effective date: This final rule is 

effective on January 23, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0721. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

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 

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 Delaware Department of 

Natural Resources & Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19901. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Becoat, (215) 814–2036, or by 

email at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 23, 2011 (76 FR 59087), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the Delaware SIP revision that adds 

section 4.0—Adhesives and Sealants 

under Regulation 1141—Limiting 

Emissions of Volatile Organic 

Compounds from Consumer and 

Commercial Products in order to reduce 

VOCs from commercially-used adhesive 

and sealant products. The revision is 

part of Delaware’s strategy to achieve 

and maintain the 8-hour ozone national 

ambient air quality standard (NAAQS) 

throughout the State. EPA received no 

comments on the NPR to approve 

Delaware’s SIP revision. The formal SIP 

revision was submitted by the State of 

Delaware on June 9, 2009. 

II. Summary of SIP Revision 

The new section 4.0 adds regulations 

that: (1) Set standards for the 

application of adhesives, sealants, 

adhesive primers, and sealant primers 

by providing options for appliers either 

to use a product with a VOC content 

equal to or less than a specified limit or 

to use add-on controls; (2) add 

definitions and terms for new product 

categories; (3) establish that any person 

may not use or apply at the facility an 

adhesive, sealant, adhesive primer or 

sealant primer that exceeds the VOC 

content limits; (4) specify requirements 

for person of a facility that uses or 

applies a surface preparation solvent or 

cleanup solvent or removes an adhesive, 

sealant, adhesive primer, and sealant 

primer from the parts of spray 

application equipment; (5) provide for 

an alternative add-on control system 

requirement of at least 85 percent 

overall control efficiency (capture and 

destruction), by weight; (6) specify 

requirements for proper storage and 

disposal, work practices, surface 

preparation, and cleanup solvent 

composition; and (7) specify 

exemptions, as well as registration and 

product labeling requirements, 

recordkeeping requirements, and test 

methods and compliance procedures. 

These SIP revisions meet the 

requirement to adopt a RACT for the 

miscellaneous industrial adhesives CTG 

category. Other specific requirements 

and the rationale for EPA’s proposed 

action are explained in the Technical 

Support Document (TSD) prepared for 

the September 23, 2011 proposed 

rulemaking action which is available 

on-line at www.regulations.gov, Docket 

number EPA–R03–OAR–2011–0721. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving the Delaware SIP 

revision that adds section 4.0— 

Adhesives and Sealants to Regulation 

1141—Limiting Emissions of Volatile 

Organic Compounds from Consumer 

and Commercial Products. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations 79539 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

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 21, 2012. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action 

approving Delaware’s control of VOCs 

from adhesives and sealants may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: December 8, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(c) is amended by adding an entry for 

Regulation 1141, Section 4.0 to read as 

follows: 

§ 52.420 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE DELAWARE SIP 

State regulation (7 DNREC 

1100) Title/subject 

State 

effective 

date 

EPA approval date Additional explanation 

*******

1141 ......................................... Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products 

*******

Section 4.0 ............................... Adhesives & Sealants ............ 4/11/09 12/22/11 [Insert page number 

where the document begins].

Addition of VOC limits for adhesive and sealant products, including 25 adhesives, 4 adhesive primers, 5 

sealants, and 3 sealant 

primers. 

*******

* * * * * 

[FR Doc. 2011–32646 Filed 12–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[FDMS Docket No. EPA–R03–OAR–2011– 

0511; FRL–9609–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Revised Motor Vehicle 

Emission Budgets for the Charleston, 

Huntington, Parkersburg, Weirton, and 

Wheeling 8-Hour Ozone Maintenance 

Areas; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the rule language of a direct 

final rule pertaining to EPA’s approval 

of the revised motor vehicle emissions 

budgets for the Charleston, Huntington, 

Parkersburg, Weirton, and Wheeling 8- 

hour ozone maintenance areas. The 

previous rulemaking amended the 

maintenance plans’ 2009 and 2018 

motor vehicle emissions budgets 

(MVEBs) submitted by the State of West 

Virginia. 

DATES: Effective date: December 22, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Martin Kotsch, (215) 814–3335 or by 

email at kotsch.martin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

EPA. On September 15, 2011 (76 FR 

56795), we published a final rulemaking 

action announcing our approval of 

revised mobile emissions budgets for 

the Charleston, Huntington, 

Parkersburg, Weirton, and Wheeling 

8-hour ozone maintenance areas. In this 

document, in 40 CFR 52.2532, we 

inadvertently approved incorrect 

emissions budgets for the Charleston 

and Wheeling maintenance areas. The 

intent of the rule is to correct those 

emissions budgets. This action corrects 

the erroneous language. 

In rule document 2011–23261, 

published in the Federal Register on 

September 15, 2011 in 76 FR 56795 on 

page 56981, paragraphs 52.2532(a) and 

52.2532(e) are corrected to read as 

follows: 

(a) EPA approves the following 

revised 2009 and 2018 motor vehicle 

emissions budgets (MVEBs) for the 

Charleston, West Virginia 8-hour ozone 

maintenance area submitted by the 

Secretary of the Department of 

Environmental Protection on March 14, 

2011: 


jlentini on DSK4TPTVN1PROD with RULES