29904 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Rules and Regulations 

1William T. Harnett, Director, Air Quality Policy 

Division, Office of Air Quality Planning and 

Standards. ‘‘Guidance on SIP Elements Required 

Under Sections 110(a)(1) and (2) for the 1997 8-hour 

Ozone and PM2.5 National Ambient Air Quality 

Standards.’’ Memorandum to EPA Air Division 

Directors, Regions I–X, October 2, 2007. 

2 ‘‘Indian country’’ is defined under 18 U.S.C. 

1151 as: (1) All land within the limits of any Indian 

reservation under the jurisdiction of the United 

States Government, notwithstanding the issuance of 

any patent, and including rights-of-way running 

through the reservation, (2) all dependent Indian 

communities within the borders of the United 

States, whether within the original or subsequently 

acquired territory thereof, and whether within or 

without the limits of a State, and (3) all Indian 

allotments, the Indian titles to which have not been 

extinguished, including rights-of-way running 

through the same. Under this definition, EPA treats 

as reservations trust lands validly set aside for the 

use of a Tribe even if the trust lands have not been 

formally designated as a reservation. 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2011–0716; FRL–9673–7] 

Approval and Promulgation of 

Implementation Plans; Oregon: 

Infrastructure Requirements for the 

1997 

8-Hour Ozone National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State 

Implementation Plan (SIP) submittal 

from the State of Oregon to demonstrate 

that the SIP meets the requirements of 

section 110(a)(1) and (2) of the Clean Air 

Act (CAA) for the National Ambient Air 

Quality Standard (NAAQS) promulgated 

for ozone on July 18, 1997. EPA finds 

that the current Oregon SIP meets the 

following 110(a)(2) infrastructure 

elements for the 1997 

8-hour ozone NAAQS: (A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M). 

DATES: This action is effective on June 

20, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2011–0716. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, some 

information may not be publicly 

available, i.e., Confidential Business 

Information 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 at 

EPA Region 10, Office of Air, Waste and 

Toxics (AWT–107), 1200 Sixth Avenue, 

Suite 900, Seattle, WA 98101. EPA 

requests that you contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at telephone number: (206) 

553–6357, email address: 

hall.kristin@epa.gov, or the above EPA, 

Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

EPA. Information is organized as 

follows: 

Table of Contents 

I. Background 

II. Scope of Action 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On July 18, 1997, EPA promulgated a 

new NAAQS for ozone. EPA revised the 

ozone NAAQS to provide an 8-hour 

averaging period which replaced the 

previous 1-hour averaging period, and 

the level of the NAAQS was changed 

from 0.12 parts per million (ppm) to 

0.08 ppm (62 FR 38856). The CAA 

requires SIPs meeting the requirements 

of sections 110(a)(1) and (2) be 

submitted by states within 3 years after 

promulgation of a new or revised 

standard. Sections 110(a)(1) and (2) 

require states to address basic SIP 

requirements, including emissions 

inventories, monitoring, and modeling 

to assure attainment and maintenance of 

the standards, so-called ‘‘infrastructure’’ 

requirements. To help states meet this 

statutory requirement for the 1997 8- 

hour ozone NAAQS, EPA issued 

guidance to address infrastructure SIP 

elements under section 110(a)(1) and 

(2).1 In the case of the 1997 8-hour 

ozone NAAQS, states typically have met 

the basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous ozone standards. The State of 

Oregon submitted a certification to EPA 

on September 25, 2008, certifying that 

Oregon’s SIP meets the infrastructure 

obligations for the 1997 8-hour ozone 

NAAQS. The certification included an 

analysis of Oregon’s SIP as it relates to 

each section of the infrastructure 

requirements with regard to the 1997 8- 

hour ozone NAAQS. On February 7, 

2012, EPA published a notice of 

proposed rulemaking (NPR) for the State 

of Oregon (77 FR 6044) to act on the 

state’s infrastructure SIP for the 1997 

ozone NAAQS. Specifically in the NPR, 

EPA proposed approval of Oregon’s SIP 

as meeting the requirements for the 

following 110(a)(2) infrastructure 

elements for the 1997 8-hour ozone 

NAAQS: (A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). As discussed 

in the NPR, this action does not address 

110(a)(2)(D)(i) and 110(a)(2)(I). The 

public comment period for EPA’s NPR 

closed on March 8, 2012. EPA received 

no comments on the proposed action. 

II. Scope of Action 

Oregon has not demonstrated 

authority to implement and enforce the 

Oregon Administrative Rules within 

‘‘Indian Country’’ as defined in 18 

U.S.C. 1151.2 Therefore, this SIP 

approval does not extend to ‘‘Indian 

Country’’ in Oregon. See CAA sections 

110(a)(2)(A) (SIP shall include 

enforceable emission limits), 

110(a)(2)(E)(i) (State must have adequate 

authority under State law to carry out 

SIP), and 172(c)(6) (nonattainment SIPs 

shall include enforceable emission 

limits). This is consistent with EPA’s 

previous approval of Oregon’s PSD 

program, in which EPA specifically 

disapproved the program for sources 

within Indian Reservations in Oregon 

because the State had not shown it had 

authority to regulate such sources. See 

40 CFR 52.1987(c). It is also consistent 

with EPA’s approval of Oregon’s title V 

operating permits program. See 59 FR 

61820, 61827 (December 2, 1994) 

(interim approval does not extend to 

Indian Country); 60 FR 50106, 50106 

(September 28, 1995) (full approval does 

not extend to Indian Country). 

III. Final Action 

EPA is approving the September 25, 

2008, SIP submittal from the State of 

Oregon to demonstrate that the SIP 

meets the requirements of section 

110(a)(1) and (2) of the CAA for the 

NAAQS promulgated for ozone on July 

18, 1997. EPA is approving the 

following section 110(a)(2) 

infrastructure elements for Oregon for 

the 1997 ozone NAAQS: (A), (B), (C), 

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

EPA is taking no action on 

infrastructure elements (D)(i) and (I) for 

the 1997 ozone NAAQS. This action is 

being taken under section 110 of the 

CAA. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 


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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Rules and Regulations 29905 

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 Clean Air Act. 

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 Clean Air Act; 

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. 

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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by July 20, 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 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, and Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

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

Dated: May 4, 2012. 

Michelle L. Pirzadeh, 

Deputy Regional Administrator, Region 10. 

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 MM—Oregon 

■ 2. Section 52.1991 is added to read as 

follows: 

§ 52.1991 Section 110(a)(2) infrastructure 

requirements. 

On September 25, 2008, Oregon 

Department of Environmental Quality 

submitted a certification to address the 

requirements of CAA Section 110(a)(1) 

and (2) for the 1997 8-hour ozone 

NAAQS. EPA approves the submittal as 

meeting the following 110(a)(2) 

infrastructure elements for the 1997 8- 

hour ozone NAAQS: (A), (B), (C), (D)(ii), 

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

[FR Doc. 2012–12107 Filed 5–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 120427423–2423–02] 

RIN 0648–AW93 

Sea Turtle Conservation; Shrimp and 

Summer Flounder Trawling 

Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This rule revises the turtle 

excluder device (TED) requirements to 

allow the use of new materials and to 

modify existing approved TED designs. 

Specifically, this rule allows using flat 

bar, rectangular pipe, and oval pipe as 

construction material in currentlyapproved TED grids; using a brace bar 

on hard TEDs; increasing the maximum 

mesh size on escape flaps from 15⁄8 to 

2 inches (4.1 to 5.1 cm); including the 

Boone Big Boy TED for use in the 

shrimp fisheries; using three large TED 

and Boone Wedge Cut escape openings; 

and using the Chauvin shrimp deflector 

to improve shrimp retention. This rule 

also adds a TED for use in the summer 

flounder fishery. Additionally, the rule 

corrects the TED regulations to rectify 

an oversight regarding the maximum 

size chain that can be used on the 

Parker TED escape opening flap. 

DATES: The effective date of this rule is 

June 20, 2012. 

ADDRESSES: NMFS, Southeast Regional 

Office, Protected Resources Division, 

263 13th Ave. South, St. Petersburg, FL 

33701–5505. 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette, NMFS, Southeast 

Regional Office, at the address above, or 

at (727) 824–5312. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 2, 2010, we proposed 

modifying the TED requirements, and 

solicited public comments on allowable 

TED modifications and additional 

certified TED designs (75 FR 53925). A 

detailed description of the alternative 

construction materials and TED designs 


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