Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64673 

Number Date Event Sponsor Location 

(d) Coast Guard Sector North Carolina—COTP Zone 

*******

14 .......... November 27, 2010 ............ 2010 North Carolina Holiday Flotilla boat parade 

and fireworks.

NC Holiday Flotilla at Wrightsville 

Beach, NC.

All waters of Motts Channel within 

a 300 yard radius of the fireworks barge in approximate position latitude 34°12′29′′ N, longitude 077°48′27′′ W, approximately 560 yards south of Sea 

Path Marina, Wrightsville Beach, 

NC. 

Dated: September 28, 2010. 

Anthony Popiel, 

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

Port North Carolina. 

[FR Doc. 2010–26378 Filed 10–19–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0824] 

Safety Zone, Brandon Road Lock and, 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone, Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Ship and Sanitary Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 from 6 a.m. on October 4, 

2010 through 6 p.m. on October 11, 

2010 and from 6 a.m. on November 3, 

2010 through 6 p.m. on November 5, 

2010. This action is necessary to protect 

the waterways, waterway users and 

vessels from hazards associated with the 

U.S. Army Corps of Engineers’ 

installation of parasitic structures which 

will help control the spread of aquatic 

nuisance species that might devastate 

the waters in the Chicago Sanitary and 

Ship Canal. 

During the enforcement period, entry 

into, transiting, mooring, laying-up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.T09–0166 will be enforced daily 

from 6 a.m. to 6 p.m. on October 4, 2010 

to October 11, 2010 and daily from 6 

a.m. to 6 p.m. on November 3, 2010 to 

November 5, 2010. This rule is effective 

with actual notice for purposes of 

enforcement at 6 a.m. on October 4, 

2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail CDR Tim Cummins, Deputy 

Prevention Division, Ninth Coast Guard 

District, telephone 216–902–6045, 

e-mail address 

Timothy.M.Cummins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce Safety Zone, 

Brandon Road Lock and Dam to Lake 

Michigan including Des Plaines River, 

Chicago Sanitary and Ship Canal, 

Chicago River, Calumet-Saganashkee 

Channel, Chicago, IL listed in 33 CFR 

165.T09–0166(a)(2), on all waters of the 

Chicago Sanitary and Ship Canal from 

Mile Marker 296.1 to Mile Marker 296.7 

daily from 6 a.m. to 6 p.m. on October 

4, 2010 to October 11, 2010 and daily 

from 6 a.m. to 6 p.m. on November 3, 

2010 to November 5, 2010. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

U.S. Army Corps of Engineers’ 

installation operation poses risks to life 

and property. Specifically, there will be 

congested waterways and construction 

operations requiring the use of divers 

taking place in the vicinity of the U.S. 

Army Corps of Engineers’ electric 

dispersal barrier. The combination of 

vessel traffic, divers, and electric 

current in the water makes the control 

of vessels through the impacted portion 

of the Chicago Sanitary and Ship Canal 

necessary to prevent injury and property 

loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up, or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.T09–0166 and 5 U.S.C. 

552(a). In addition to this notice in the 

Federal Register, the Captain of the 

Port, Sector Lake Michigan, will also 

provide notice through other means, 

which may include but are not limited 

to Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. Additionally, the 

Captain of the Port, Sector Lake 

Michigan, may notify representatives 

from the maritime industry through 

telephonic and e-mail notifications. 

Dated: September 24, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–26379 Filed 10–19–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0124; FRL–9211–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Limiting Emissions of 

Volatile Organic Compounds From 

Consumer Products 

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 

revision amends existing Section 2.0— 

Consumer Products to Delaware’s 

Regulation 1141 (formerly SIP 

Regulation No. 41)—Limiting Emissions 

of Volatile Organic Compounds from 


emcdonald on DSK2BSOYB1PROD with RULES
64674 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 

Consumer and Commercial Products. 

This action is being taken under the 

Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on November 19, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0124. All 

documents in the docket are listed in 

the http://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 

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 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 

e-mail at becoat.gregory@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 18, 2010 (75 FR 34671), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. The NPR proposed approval 

of the Delaware SIP revision that 

amends Regulation 1141/SIP Regulation 

No. 41— Limiting Emissions of Volatile 

Organic Compounds from Consumer 

and Commercial Products. The SIP 

revision amends existing Section 2.0— 

Consumer Products by adding the sale, 

distribution, and manufacturing of 23 

new categories of consumer products 

and product types to the list of products 

already regulated by this rule. These 

categories include personal hygiene and 

grooming, home cleaning, and cleaning 

of electrical and electronic equipment. 

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 22, 2009. 

II. Summary of SIP Revision 

Regulation 1141 (formerly SIP 

Regulation No. 41), Section 2.0 

establishes applicability to any person 

who sells, supplies, offers for sale, uses 

or applies, or manufactures for sale 

consumer products in the State of 

Delaware. The rule does not apply to a 

retailer who sells, supplies, or offers for 

sale in the State of Delaware a particular 

consumer product that does not comply 

with the Volatile Organic Compounds 

(VOC) standards, provided that retailer 

demonstrates that the manufacturer or 

distributor of that product mislead that 

retailer into believing that the product 

did comply with the VOC standards. 

The rule sets compliance dates for 

specific VOC content limits in percent 

VOCs by weight for consumer products 

and lists exemptions from the VOC 

content limits. The rule also contains 

requirements for the following 

consumer products: (1) Products 

requiring dilution, (2) ozone depleting 

compounds, (3) aerosols adhesives, (4) 

antiperspirants or deodorants, (5) 

charcoal lighter materials, and (6) floor 

wax strippers. Regulation 1141 provides 

alternative control plans (ACP) by 

allowing responsible parties the option 

to voluntarily enter into separate ACP 

agreements for the consumer products 

mentioned above. In addition, the rule 

contains the following: (1) Criteria for 

innovative products exemptions and 

requirements for waiver requests, (2) 

administrative requirements for labeling 

and reporting, and (3) test methods for 

demonstrating compliance. Further 

details of Delaware’s regulation 

revisions can be found in a Technical 

Support Document prepared for the 

June 18, 2010 proposed rulemaking 

action. 

III. Final Action 

EPA is approving the Delaware SIP 

revision that amends existing Section 

2.0—Consumer Products to Delaware’s 

Regulation 1141 (formerly SIP 

Regulation No. 41)—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 

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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Rules and Regulations 64675 

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 December 20, 2010. Filing a 

petition for reconsideration by the 

Administrator of this final rule 

pertaining to Delaware’s amendment to 

Section 2.0—Consumer Products of 

Delaware’s Regulation No. 1141 

(formerly SIP Regulation No. 41), 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. 

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: September 17, 2010. 

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 revising Regulation 

1141, Section 2.0 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 2.0 ........ Specific Emission Control Requirements.4/11/09 10/20/10 [Insert page number 

where the document begins].

Adds the sale, distribution, and 

manufacturing of 23 categories 

of consumer products and product types. 

* * * * * * * 

* * * * * 

[FR Doc. 2010–25314 Filed 10–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2008–0932; FRL–9214–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Texas; Beaumont/Port 

Arthur Ozone Nonattainment Area: 

Redesignation to Attainment for the 

1997 8-Hour Ozone Standard and 

Determination of Attainment for the 

1-Hour Ozone Standard; Clarification 

of EPA’s Approval of the El Paso 

Section 110(a)(1) Maintenance Plan for 

the 1997 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a request from the State of 

Texas to redesignate the Beaumont/Port 

Arthur (BPA) Texas ozone 

nonattainment area to attainment of the 

1997 8-hour ozone National Ambient 

Air Quality Standard (NAAQS). EPA is 

making a final determination that the 

BPA nonattainment area has attained 

the 1997 8-hour ozone NAAQS, based 

on complete, quality-assured, and 

certified ambient air quality monitoring 

data for 2006–2008. Preliminary data 

available for 2009 and 2010 show that 

the area continues to attain the 1997 8- 

hour ozone NAAQS. 

In finalizing its approval of the 

redesignation request, EPA also 

approves, as a revision to the BPA State 

Implementation Plan (SIP), a 1997 

8-hour ozone maintenance plan that 

includes a 2021 Motor Vehicle 

Emissions Budget (MVEB). EPA is also 

approving the BPA area’s 2002 base year 

emissions inventory as part of the BPA 

SIP. EPA also is approving as part of the 

BPA SIP, the Texas Clean-Fuel Vehicle 

(CFV) Program Equivalency 

Demonstration. EPA finds that with 

final approval of these revisions, the 

area has a fully approved SIP that meets 

all of the 1997 8-hour ozone 

requirements and 1-hour ozone antibacksliding requirements under section 

110 and Part D of the Federal Clean Air 

Act (CAA or Act) that are applicable for 

purposes of redesignation. EPA is also 

approving a determination that the BPA 

area is meeting the 1-hour ozone 

standard based upon three years of 

complete, quality-assured, and certified 

ambient air quality monitoring data for 

2006–2008. Preliminary data available 

for 2009 and 2010 show that the area 

continues to attain the standard. 

Additionally, EPA is taking final 

action to approve the post-1996 Rate of 

Progress (ROP) plan’s contingency 

measures, the substitute control 

measures for the failure-to-attain 

contingency measures, and the removal 

from the Texas SIP of a 1-hour ozone 

failure-to-attain contingency measure, a 

volatile organic compound (VOC) SIP 

rule for marine vessel loading, as 

meeting the requirements of section 

110(l) and part D of the Act. 

EPA also is providing clarification of 

an earlier separate EPA rulemaking 

action approving the Section 110(a)(1) 

Maintenance Plan for the 1997 8-hour 

ozone standard for the El Paso 1997 8- 

hour attainment area. 

DATES: Effective Date: This rule will be 

effective November 19, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2008–0932. All documents in the docket 

are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 


emcdonald on DSK2BSOYB1PROD with RULES