Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations 55417 

of 22 feet at mean high water and 25 feet 

at mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.799(h). Long Creek 

and Sloop Channel both are transited by 

commercial fishing and recreational 

vessel traffic. 

The owner of the two bridges, the 

State of New York Department of 

Transportation, requested bridge 

closures to facilitate a public event, the 

2012 March of Dimes Motorcycle Run. 

Under this temporary deviation the 

Loop Parkway Bridge and the 

Meadowbrook Parkway Bridge may 

remain in the closed position between 

11 a.m. and 1 p.m. on September 15, 

2012, to facilitate a public event, the 

2012 March of Dimes Motorcycle Run. 

There are no alternate routes for 

vessel traffic; however, vessels that can 

pass under the closed draws during this 

closure may do so at any time. The 

bridges may be opened in the event of 

an emergency. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: August 23, 2012. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. 2012–22162 Filed 9–7–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 151 

46 CFR Part 162 

[Docket No. USCG–2001–10486] 

RIN 1625–AA32 

Standards for Living Organisms in 

Ships’ Ballast Water Discharged in 

U.S. Waters 

AGENCY: Coast Guard, DHS. 

ACTION: Rule; information collection 

approval; Correction. 

SUMMARY: On June 13, 2012, the Coast 

Guard published in the Federal Register 

an announcement of effective date that 

announced an information collection 

approval for the Standards for Living 

Organisms in Ships’ Ballast Water 

Discharged in U.S. Waters (BWDS) Final 

Rule (77 FR 35268). The rulemaking 

triggered new information collection 

requirements affecting vessel owners 

and their potential requests for an 

extension of the compliance date if they 

cannot practicably comply with the 

compliance date otherwise applicable to 

their vessels. The June 13, 2012, 

document announced that the request to 

revise the existing collection of 

information to add the new request for 

an extension provision was approved by 

the Office of Management and Budget 

(OMB) and may now be enforced. The 

OMB control number is 1625–0069. The 

approval for this collection of 

information expires on May 31, 2015. 

In the June 13, 2012, document, the 

Coast Guard inadvertently failed to 

indicate that we received public 

submissions to the BWDS Final Rule (77 

FR 17254). The Coast Guard is now 

publishing a document to advise the 

public that we received four public 

submissions to this collection of 

information. As the four public 

submissions were not collection of 

information-related, we did not revise 

our collection of information estimates. 

You may view copies of the public 

submissions and the Coast Guard 

responses to them in the BWDS docket 

online by going to http:// 

www.regulations.gov, inserting USCG– 

2001–10486 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ A corrected 

information collection request package 

has been submitted to OMB for their 

review. The current 1625–0069 approval 

by OMB is still effective. If OMB 

decides to amend the current 1625–0069 

approval, a copy of that decision will be 

placed in the docket. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

document, call or email Mr. John 

Morris, Project Manager, U.S. Coast 

Guard; telephone 202–372–1402, email 

environmental_standards@uscg.mil. If 

you have questions about viewing the 

docket (USCG–2001–10486), call Ms. 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

Dated: September 4, 2012. 

Kathryn A. Sinniger, 

Chief, Office of Regulations and 

Administrative Law, U.S. Coast Guard. 

[FR Doc. 2012–22240 Filed 9–7–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0436; FRL–9725–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

This SIP revision addresses the 

infrastructure program elements 

specified in Clean Air Act (CAA) section 

110(a)(2) necessary to implement, 

maintain, and enforce the 2008 lead 

national ambient air quality standards 

(NAAQS). 

DATES: This final rule is effective on 

October 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0436. 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

Section 110(a) of the CAA requires 

states to submit SIP revisions that 


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55418 Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations 

provide for the implementation, 

maintenance, and enforcement of new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS. Section 110(a)(2) of the CAA 

directs all states to develop and 

maintain an air quality management 

infrastructure that includes enforceable 

emission limitations, an ambient 

monitoring program, an enforcement 

program, air quality modeling 

capabilities, and adequate personnel, 

resources, and legal authority. 

On July 3, 2012 (77 FR 39458), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. In the NPR, EPA proposed 

approval of West Virginia’s submittal 

which provides the basic program 

elements specified in CAA section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M), or portions 

thereof, necessary to implement, 

maintain, and enforce the 2008 lead 

NAAQS. The formal SIP revision was 

submitted by West Virginia on October 

26, 2011. 

II. Summary of SIP Revision 

The SIP revision addresses the 

infrastructure elements specified in 

CAA section 110(a)(2)(A) through (M) 

for the implementation, maintenance 

and enforcement of the 2008 lead 

NAAQS in West Virginia. Specifically, 

West Virginia’s submittal addressed the 

following infrastructure elements in 

CAA section 110(a)(2): (A), (B), (C), (D), 

(E), (F), (G), (H), (J), (K), (L), and (M). 

Specific requirements of section 

110(a)(2) as well as the rationale 

supporting EPA’s proposed action are 

explained in the NPR and the technical 

support document and will not be 

restated here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving West Virginia’s SIP 

revision regarding the infrastructure 

program elements specified in CAA 

section 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M), or 

portions thereof, necessary to 

implement, maintain, and enforce the 

2008 lead NAAQS. This action does not 

include approval of portions of CAA 

section 110(a)(2)(C), and 110(a)(2)(I) in 

its entirety, which pertain to the 

nonattainment requirements of part D, 

Title I of the CAA. These two elements, 

and portions thereof, are not required to 

be submitted by the 3-year submission 

deadline of CAA section 110(a)(1), and 

thus will be addressed in a separate 

process. Additionally, EPA is taking 

separate action on the portions of CAA 

section 110(a)(2) infrastructure elements 

for the 2008 lead NAAQS as they relate 

to part C of Title I of the CAA, including 

section 110(a)(2)(C), (D) and (J) of the 

CAA. See 77 FR 45302 (July 31, 2012). 

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 

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 November 9, 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, which 

approves the CAA section 110(a)(2) 

infrastructure requirements of West 

Virginia for the 2008 lead NAAQS, 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, Reporting and recordkeeping 

requirements. 

Dated: August 23, 2012. 

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. 


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Federal Register / Vol. 77, No. 175 / Monday, September 10, 2012 / Rules and Regulations 55419 

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding entries at the 

end of the table for Section 110(a)(2) 

Infrastructure Requirements for the 2008 

Lead NAAQS to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision 

Applicable 

geographic or 

nonattainment 

area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2008 Lead 

NAAQS.

Statewide ....... 10/26/11 .. 9/10/12 [Insert Federal Register 

page number where the document begins and date].

This action addresses the following 

CAA elements: 110(a)(2)(A), (B), 

(C), (D), (E), (F), (G), (H), (J), (K), 

(L), and (M), or portions thereof. 

[FR Doc. 2012–22084 Filed 9–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0376; FRL–9725–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Section 110(a)(2) 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware. The 

SIP revision addresses the infrastructure 

elements specified in section 110(a)(2) 

of the Clean Air Act (CAA), necessary to 

implement, maintain, and enforce the 

2008 lead national ambient air quality 

standards (NAAQS). EPA is approving 

this SIP revision in accordance with the 

requirements of the CAA. 

DATES: This final rule is effective on 

October 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0376. 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 and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On July 3, 2012 (77 FR 39456), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of Delaware’s submittal that provides 

the basic elements specified in section 

110(a)(2) of the CAA, or portions 

thereof, necessary to implement, 

maintain, and enforce the 2008 lead 

NAAQS. 

II. Summary of SIP Revision 

On October 17, 2011, the Delaware 

Department of Natural Resources and 

Environmental Control submitted a SIP 

revision that addresses the 

infrastructure elements specified in 

section 110(a)(2) of the CAA, necessary 

to implement, maintain and enforce the 

2008 lead NAAQS. This submittal 

addressed the following infrastructure 

elements of section 110(a)(2): (A), (B), 

(C), (D), (E), (F), (G), (H), (I), (J), (K), (L), 

and (M). 

Specific requirements of section 

110(a)(2) of the CAA and the rationale 

for EPA’s proposed action to approve 

the SIP submittal are explained in the 

NPR and the technical support 

document (TSD) and will not be restated 

here. No public comments were 

received on the NPR. 

III. Final Action 

EPA is approving Delaware’s 

submittal which provides the basic 

program elements specified in section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M) of the CAA, or 

portions thereof, necessary to 

implement, maintain, and enforce the 

2008 lead NAAQS, as a revision to the 

Delaware SIP. This action is being taken 

under section 110 of the CAA. This 

action does not include the sections, or 

portions thereof, of 110(a)(2)(C) and 

110(a)(2)(I) of the CAA which pertain to 

the nonattainment requirements of part 

D, Title I of the CAA, since these two 

elements are not required to be 

submitted by the 3-year submission 

deadline of CAA section 110(a)(1), and 

will be addressed in a separate process. 

Additionally, EPA is taking separate 

action on the portions of CAA section 

110(a)(2) infrastructure elements for the 

2008 lead NAAQS as they relate to 

Delaware’s Prevention of Significant 

Deterioration (PSD) program, as 

required by part C of Title I of the CAA 

which include the following 

infrastructure elements: CAA section 

110(a)(2)(C), (D) and (J). See 77 FR 

45527 (August 1, 2012). 

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 


wreier-aviles on DSK5TPTVN1PROD with RULES