30048 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 

1We received two comments in support of our 

proposed approval. The first was submitted by the 

Alaska Department of Environmental Conservation. 

The second was submitted anonymously. The 

anonymous commenter suggested additional areas 

for EPA research, primarily regarding PM2.5 impacts 

on environmental justice communities, but was 

overall supportive of our proposed approval. 

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.T09–0617 to read as 

follows: 

§ 165.T09–0617 Safety Zone; Boaters 

Against Cancer Fireworks Display; Lake 

Ontario, Kendall, NY. 

(a) Location. The safety zone will 

encompass all waters of Lake Ontario; 

Kendall, NY contained within a 210-foot 

radius of: 43°22′02.04′′ N, 078°01′48.06′′ 

W. 

(b) Enforcement period. This 

regulation will be enforced from 9:45 

p.m. until 10:35 p.m. on June 30, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, 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 20, 2018. 

Joseph S. Dufresne, 

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

Port Buffalo. 

[FR Doc. 2018–13735 Filed 6–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2017–0745; FRL–9980–00– 

Region 10] 

Air Plan Approval; Alaska; Interstate 

Transport Requirements for the 2012 

PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Clean Air Act requires 

each State Implementation Plan (SIP) to 

contain adequate provisions prohibiting 

emissions that will have certain adverse 

air quality effects in other states. On 

March 10, 2016, the State of Alaska 

made a submission to the 

Environmental Protection Agency (EPA) 

to address these requirements. The EPA 

is approving the submission as meeting 

the requirement that each SIP contain 

adequate provisions to prohibit 

emissions that will contribute 

significantly to nonattainment or 

interfere with maintenance of the 2012 

annual fine particulate matter (PM2.5) 

National Ambient Air Quality Standard 

(NAAQS). 

DATES: This final rule is effective July 

27, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R10–OAR–2017–0745. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., 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 through https://

www.regulations.gov, or please contact 

the person identified in the ‘‘For Further 

Information Contact’’ section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at (206) 553–0256, or hunt.jeff@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background Information 

On May 2, 2018, the EPA proposed to 

approve Alaska’s submission as meeting 

the requirement that each SIP contain 

adequate provisions to prohibit 

emissions that will contribute 

significantly to nonattainment or 

interfere with maintenance of the 2012 

PM2.5 NAAQS in any other state (83 FR 

19191). An explanation of the Clean Air 

Act requirements, a detailed analysis of 

the submission, and the EPA’s reasons 

for proposing approval were provided in 

the notice of proposed rulemaking, and 

will not be restated here. The public 

comment period for the proposal ended 

June 1, 2018. We received no adverse 

comments.1

II. Final Action 

The EPA is approving Alaska’s March 

10, 2016, submission certifying that the 

current Alaska SIP is sufficient to meet 

the interstate transport requirements of 

Clean Air Act section 110(a)(2)(D)(i)(I) 

for the 2012 PM2.5 NAAQS, as described 

in the proposal for this action. 

III. 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 Clean Air Act and 

applicable federal regulations. 42 U.S.C. 

7410(k); 40 CFR 52.02(a). Thus, in 

reviewing SIP submissions, the 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 Orders 12866 (58 FR 51735, 

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

January 21, 2011); 

• is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because actions such as SIP 

approvals are exempted under 

Executive Order 12866; 

• 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.); 


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Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30049 

• 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 

this action does not involve technical 

standards; and 

• does not provide the 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). 

The SIP is not approved to apply on 

any Indian reservation land and is also 

not approved to apply in any other area 

where the 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). 

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. The 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 August 27, 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 

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, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 14, 2018. 

Chris Hladick, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is 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 C—Alaska 

■ 2. In § 52.70, amend the table in 

paragraph (e) by adding the entry 

‘‘Interstate Transport Requirements– 

2012 PM2.5 NAAQS’’ after the entry 

‘‘Infrastructure Requirements—2010 

SO2 NAAQS’’ to read as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED ALASKA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal 

date 

EPA approval date Explanations 

*******

Infrastructure and Interstate Transport 

*******

Interstate Transport Requirements—2012 

PM2.5 NAAQS.

Statewide ...................... 3/10/2016 6/27/2018, [Insert Federal Register citation].Approves SIP for purposes of CAA section 

110(a)(2)(D)(i)(I) for the 2012 PM2.5 NAAQS. 

Regulations Approved but not Incorporated by Reference 

*******

[FR Doc. 2018–13721 Filed 6–26–18; 8:45 am] 

BILLING CODE 6560–50–P 


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