Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 28543 

List of Subjects in 33 CFR 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; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0579 to read as 

follows: 

§ 165.T09–0579 Safety Zone; City of 

Oswego Community Fireworks; Oswego 

Harbor, Oswego, NY. 

(a) Location. The safety zone will 

encompass all waters of the Lake 

Ontario, Oswego, NY contained within 

a 420-foot radius of: 43°27′55.91′′ N, 

076°30′59.04′′ W. 

(b) Enforcement period. This 

regulation will be enforced from 8:45 

p.m. until 10:15 p.m. on July 1, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: June 15, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–13239 Filed 6–19–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 668 

[Docket ID ED–2017–OPE–0090] 

Program Integrity: Gainful Employment 

Correction 

Proposed rule document 2018–13054, 

appearing on pages 28177–28178 in the 

issue of Monday, June 18, 2018, should 

have appeared in the Rules section of 

the issue and the heading should read 

as set forth above. 

[FR Doc. C1–2018–13054 Filed 6–19–18; 8:45 am] 

BILLING CODE 1301–00–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2018–0077; FRL–9979–61– 

Region 4] 

Air Plan Approval and Air Quality 

Designation; AL; Redesignation of the 

Pike County Lead Nonattainment Area 

to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On January 3, 2018, the State 

of Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), submitted a 

request for the Environmental 

Protection Agency (EPA) to redesignate 

the Troy 2008 lead Nonattainment Area 

(‘‘Troy Area’’ or ‘‘Area’’) to attainment 

for the 2008 lead (Pb) National Ambient 

Air Quality Standards (NAAQS or 

standard) and to approve an associated 

State Implementation Plan (SIP) 

revision containing a maintenance plan. 

The Troy Area is comprised of a portion 

of Pike County in Alabama surrounding 

the Sanders Lead Company facility 

(Sanders Lead Facility or Facility). EPA 

is taking the following final actions 

related to the January 3, 2018, 

redesignation request and SIP revision: 

determining that the Troy Area is 

attaining the 2008 lead NAAQS; 

approving the SIP revision containing 

the State’s maintenance plan for 

maintaining attainment of the 2008 lead 

standard; and redesignating the Troy 

Area to attainment for the 2008 lead 

NAAQS. 

DATES: This rule is effective July 20, 

2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2018–0077. All documents in the docket 

are listed on the www.regulations.gov 

website. 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 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that 

if at all possible, 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 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ashten Bailey of the Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. Ms. Bailey may be 

reached by phone at (404) 562–9164 or 

via electronic mail at bailey.ashten@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 12, 2008 (73 FR 66964), 

EPA promulgated a revised primary and 

secondary lead NAAQS of 0.15 

micrograms per cubic meter (mg/m3). 

Under EPA’s regulations at 40 CFR part 

50, the 2008 lead NAAQS are met when 

the maximum arithmetic 3-month mean 

concentration for a 3-year period, as 

determined in accordance with 

appendix R of 40 CFR part 50, is less 

than or equal to 0.15 mg/m3. See 40 CFR 

50.16. Ambient air quality monitoring 

data for the 3-year period must meet a 

data completeness requirement. 

EPA designated the Troy Area as a 

nonattainment area for the 2008 lead 

NAAQS on November 22, 2010 (75 FR 

71033), effective December 31, 2010, 


sradovich on DSK3GMQ082PROD with RULES
28544 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 

1 In the NPRM, EPA noted that 2014–2016 data 

was the most recent quality-assured and certified 

data and that preliminary 2017 data indicated that 

the Area continued to attain the standard. Since 

publication of that document, ADEM certified 

complete, quality-assured data for 2017. The 2015– 

2017 design value for the Area is 0.09 mg/m3. 

using 2007–2009 ambient air quality 

data. The Troy Area is comprised of the 

portion of Pike County, Alabama, 

bounded by a 0.8 mile radius from a 

center point at latitude 31.78627106 

North and longitude 85.97862228 West, 

which fully includes the Sanders Lead 

Facility, the only point source of lead 

emissions in the Area. EPA’s 

designation established an attainment 

date five years after the December 31, 

2010, effective date for the 2008 lead 

nonattainment designations pursuant to 

CAA section 172(a)(2)(A). Therefore, the 

Troy Area’s attainment date was 

December 31, 2015. 

On January 3, 2018, Alabama 

requested that EPA redesignate the Troy 

Area to attainment for the 2008 lead 

NAAQS and submitted an associated 

SIP revision containing a maintenance 

plan for the Area. In a notice of 

proposed rulemaking (NPRM) published 

on April 13, 2018 (83 FR 16021), EPA 

proposed to take three separate but 

related actions: (1) To determine that 

the Troy Area is attaining the 2008 lead 

NAAQS based on complete, qualityassured, and certified ambient 

monitoring data for the 2014–2016 time 

period; (2) to approve Alabama’s 

maintenance plan for maintaining the 

2008 lead NAAQS in the Area through 

the year 2028 and incorporate the plan 

into the SIP; and (3) to redesignate the 

Area to attainment.1 No relevant 

comments were received on the April 

13, 2018, proposed rulemaking. The 

details of Alabama’s submittal and the 

rationale for EPA’s actions are further 

explained in the NPRM. See 83 FR 

16021 (April 13, 2016). 

II. What are the effects of these actions? 

Approval of Alabama’s redesignation 

request changes the legal designation of 

the portion of Pike County, Alabama, 

that is designated as nonattainment as 

the Troy Area, found at 40 CFR 81.301, 

from nonattainment to attainment for 

the 2008 lead NAAQS. Approval of 

Alabama’s associated SIP revision also 

incorporates a plan into the SIP for 

maintaining the 2008 lead NAAQS in 

Pike County (the Troy Area), Alabama, 

through 2028. 

III. Final Action 

EPA is taking a number of final 

actions regarding Alabama’s January 3, 

2018, request to redesignate the Troy 

Area to attainment and associated SIP 

revision. First, EPA is determining that 

the Area is attaining the 2008 lead 

NAAQS based on 2014–2016 data. 

Second, EPA is approving the 

maintenance plan for the Area and 

incorporating it into the SIP. Third, EPA 

is approving Alabama’s request for 

redesignation of the Area from 

nonattainment to attainment for the 

2008 lead NAAQS. As mentioned above, 

approval of the redesignation request 

changes the official designation of the 

Troy Area from nonattainment to 

attainment for the 2008 lead NAAQS. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

See 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, these actions 

merely approve state law as meeting 

Federal requirements and do not impose 

additional requirements beyond those 

imposed by state law. For this reason, 

these actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• are not Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

actions because SIP approvals and 

redesignations are exempted under 

Executive Order 12866; 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• are 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.); 

• do 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); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

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

• are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• are 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 

• will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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. 

These actions are not a ‘‘major rule’’ as 

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

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 August 20, 2018. 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 


sradovich on DSK3GMQ082PROD with RULES
Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 28545 

enforce its requirements. See section 

307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Reporting and recordkeeping 

requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: June 8, 2018. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

40 CFR parts 52 and 81 are amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart B—Alabama 

■ 2. Section 52.50(e), is amended by 

adding an entry for ‘‘2008 Lead 

Maintenance Plan for the Troy Area’’ at 

the end of the table to read as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of 

nonregulatory 

SIP provision 

Applicable 

geographic or 

nonattainment 

area 

State submittal 

date/effective 

date 

EPA approval 

date Explanation 

*******

2008 Lead Maintenance Plan for the Troy Area .................................... Troy Area ......... 1/3/2018 ........... 6/20/2018, ........

[Insert Federal 

Register citation].

........................

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

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

■ 4. In § 81.301, the table entitled 

‘‘Alabama—2008 Lead NAAQS’’ is 

amended under ‘‘Troy, AL:’’ by revising 

the entry for ‘‘Pike County (part)’’ to 

read as follows: 

§ 81.301 Alabama. 

* * * * * 

ALABAMA—2008 LEAD NAAQS 

Designated area 

Designation for the 2008 

NAAQSa

Date 1 Type 

Troy, AL: 

Pike County (part) Area is bounded by a 0.8 mile radius from a center point at latitude 31.78627106 North 

and longitude 85.97862228 West, which fully includes the Sanders Lead facility.

6/20/2018 Attainment. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 1 December 31, 2011 unless otherwise noted. 

[FR Doc. 2018–13147 Filed 6–19–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.: 171213999–8128–01] 

RIN 0648–XF898 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Adjustments to 2018 Management Area 

Annual Catch Limits; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce. 

ACTION: Temporary final rule; 

adjustment to annual catch limits; 

correction. 

SUMMARY: The final rule adjusting the 

2018 management area annual catch 

limits for the herring fishery published 

in the Federal Register on February 15, 

2018. That rule contained several errors 

and this document corrects those errors. 

This action is necessary to ensure that 

correct 2018 herring fishery annual 

catch limits are available to the public. 

DATES: Effective June 20, 2018, through 

December 31, 2018. 

ADDRESSES: Copies of supporting 

documents, including the 2013–2015 

Specifications/Framework Adjustment 2 


sradovich on DSK3GMQ082PROD with RULES