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

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


### 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.


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

**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