Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32209 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the states, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

state, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01 and Commandant 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

republication, without change, of a 

previously published rule. It is 

categorically excluded from further 

review under paragraph L60a of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 01. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

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 § 165.1714 to read as follows: 

§ 165.1712a Safety Zone; Alaska Marine 

Highway System Port Valdez Ferry 

Terminal, Port Valdez; Valdez, AK. 

(a) Location. The following area is a 

safety zone: All navigable waters of Port 

Valdez extending 200 yards in all 

directions from the edges of the Alaska 

Marine Highway System Terminal dock 

located in Port Valdez at 61°07′26′′ N 

and 146°21′50′′ W. 

(b) Enforcement period. The rule will 

be enforced whenever there is an Alaska 

Marine Highway System Ferry vessel 

transiting within the area described in 

paragraph (a) of this section and there 

is a Commercial Salmon Fishery Opener 

that includes the navigable waters 

within the safety zone. Each 

enforcement period will be announced 

by a broadcast notice to mariners when 

the Commercial Salmon Fishery Opener 

is announced. 

(c) Definitions. The following 

definitions apply to this section: 

(1) The term ‘‘designated 

representative’’ means any Coast Guard 

commissioned, warrant or petty officer 

of the U.S. Coast Guard who has been 

designated by the Captain of the Port, 

Prince William Sound, to act on his or 

her behalf. 

(2) The term ‘‘official patrol vessel’’ 

may consist of any Coast Guard, Coast 

Guard Auxiliary, state, or local law 

enforcement vessels assigned or 

approved by the COTP, Prince William 

Sound. 

(3) The term ‘‘AMHS vessel’’ means 

any vessel owned or operated by the 

Alaska Marine Highway System, 

including, but not limited to: M/V 

AURORA, M/V CHENEGA, M/V 

COLUMBIA, M/V FAIRWEATHER, M/V 

KENNICOTT, M/V LECONTE, M/V 

LITUYA, M/V MALASPINA, M/V 

MATANUSKA, M/V TAKU and M/V 

TUSTUMENA. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23, 

as well as the requirements in 

paragraphs (d)(2) through (5) of this 

section, apply. 

(2) No vessels, except for AMHS 

ferries and vessels owned or operated by 

AMHS will be allowed to transit the 

safety zone without the permission of 

the COTP Prince William Sound or the 

designated representative during 

periods of enforcement. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or the designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel or other official patrol 

vessel by siren, radio, flashing light or 

other means, the operator of the hailed 

vessel shall proceed as directed. 

(4) Vessel operators desiring to enter 

or operate within the regulated area may 

contact the COTP or the designated 

representative via VHF channel 16 or 

907–835–7205 (Prince William Sound 

Vessel Traffic Service) to request 

permission to do so. 

(5) The COTP, Prince William Sound 

may be aided by other Federal, state, 

borough, and local law enforcement 

officials in the enforcement of this 

regulation. In addition, members of the 

Coast Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

Dated: July 6, 2018. 

M.R. Franklin, 

Commander, U.S. Coast Guard, Captain of 

the Port, Prince William Sound. 

[FR Doc. 2018–14863 Filed 7–11–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2017–0152; FRL–9980– 

62—Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Interstate Transport 

Requirements for the 2012 Fine 

Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 


amozie on DSK3GDR082PROD with RULES
32210 Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 

1 ‘‘Information on the Interstate Transport ‘‘Good 

Neighbor’’ Provision for the 2012 Fine Particulate 

Matter National Ambient Air Quality Standards 

under Clean Air Act Section 110(a)(2)(D)(i)(I),’’ 

Memorandum from Stephen D. Page, Director, EPA 

Office of Air Quality Planning and Standards 

(March 17, 2016). A copy is included in the docket 

for this rulemaking action. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the State of Delaware. This 

revision pertains to the infrastructure 

requirement for interstate transport of 

pollution with respect to the 2012 fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

EPA is approving this revision in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

August 13, 2018. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2017–0152. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Schulingkamp, (215) 814–2021, 

or by email at schulingkamp.joseph@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 14, 2015, the State of 

Delaware, through the Department of 

Natural Resources and Environmental 

Control (DNREC) submitted a SIP 

revision addressing the infrastructure 

requirements under section 110(a)(2) of 

the CAA for the 2012 PM2.5 NAAQS. On 

September 22, 2017, EPA approved all 

portions of Delaware’s submittal except 

for the portion addressing section 

110(a)(2)(D)(i)(I) regarding the interstate 

transport of emissions. See 82 FR 44318. 

As explained in the final rule, EPA 

intended to take separate action on that 

portion of Delaware’s submittal and is 

doing so with today’s proposed action. 

On May 15, 2018 (83 FR 22436), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware. In the NPR, EPA proposed 

approval of Delaware’s submittal to 

address the infrastructure requirements 

under section 110(a)(2)(D)(i) of the CAA 

for the 2012 PM2.5 NAAQS. 

II. Summary of SIP Revision and EPA 

Analysis 

Delaware’s December 14, 2015 SIP 

submittal asserted that the State’s SIP 

presently contains adequate provisions 

prohibiting sources from emitting air 

pollutants in amounts which will 

contribute significantly to 

nonattainment or interfere with 

maintenance of the 2012 PM2.5 NAAQS. 

Delaware also asserted under Delaware 

Code, Title 7, Chapter 60, Subsection 

6010(c), ‘‘Rules and regulations; plans,’’ 

that the State has the legal authority to 

regulate sources whose emission could 

transport to areas in nonattainment or to 

areas currently attaining the NAAQS. 

Delaware also describes ambient air 

quality data for New Castle, Kent, and 

Sussex Counties as all being below the 

NAAQS. 

EPA used the information in the 2016 

PM2.5 Memorandum 1 and additional 

information to evaluate the submittal 

and came to the same conclusion as 

Delaware. As discussed in greater detail 

in the technical support document 

(TSD) for this action, EPA identified the 

potential downwind nonattainment and 

maintenance receptors identified in the 

2016 PM2.5 Memorandum, and then 

evaluated them to determine if 

Delaware’s emissions could potentially 

contribute to nonattainment and 

maintenance problems in 2021, the 

attainment year for moderate PM2.5

nonattainment areas. EPA concluded 

Delaware was not significantly 

contributing to nonattainment nor 

interfering with maintenance with 2012 

PM2.5 NAAQS by any other state. A 

detailed summary of Delaware’s 

submittal and EPA’s review and 

rationale for approval of this SIP 

revision as meeting CAA section 

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

NAAQS may be found in the NPR and 

TSD for this rulemaking action, which 

are available online at 

www.regulations.gov, Docket number 

EPA–R03–OAR–2017–0152. 

III. Public Comments 

One anonymous public comment was 

received during the public comment 

period, but the comment was 

determined to not be relevant nor 

specific to this rulemaking action. Thus 

no response is provided. 

IV. Final Action 

EPA is approving the December 14, 

2015 SIP revision addressing the 

interstate transport requirements for the 

2012 PM2.5 NAAQS to the Delaware SIP 

because the submittal adequately 

addresses section 110(a)(2)(D)(i)(I) of the 

CAA. 

V. 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 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 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.); 

• 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 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 134 / Thursday, July 12, 2018 / Rules and Regulations 32211 

• 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 September 10, 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, 

addressing Delaware’s interstate 

transport for the 2012 PM2.5 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, Particulate matter. 

Dated: June 19, 2018. 

Cosmo Servidio, 

Regional Administrator, Region III. 

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 I—Delaware 

■ 2. In § 52.420, the table in paragraph 

(e) is amended by adding a second entry 

for Section 110(a)(2) Infrastructure 

Requirements for the 2012 PM2.5

NAAQS after the first entry. The revised 

text reads as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory SIP revision 

Applicable 

geographic 

area 

State 

submittal 

date 

EPA 

approval 

date 

Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2012 PM2.5 NAAQS.

Statewide .......... 12/14/2015 7/12/2018, [Insert 

Federal Register 

citation].

Docket 2017–0152. This action addresses the infrastructure element of CAA 

section 110(a)(2)(D)(i)(I). 

* * * * * * * 

[FR Doc. 2018–14838 Filed 7–11–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0104; FRL–9980– 

43—Region 9] 

Approval of California Air Plan 

Revisions, Yolo-Solano Air Quality 

Management District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the Yolo-Solano 

Air Quality Management District 

(YSAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). This revision concerns emissions 

of volatile organic compounds (VOCs) 

from architectural coatings. We are 

approving a local rule that regulates 

these emission sources under the Clean 

Air Act (CAA or the Act). 

DATES: This rule is effective on August 

13, 2018. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2018–0104. All 

documents in the docket are listed on 

the http://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., 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 through http://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Arnold Lazarus, EPA Region IX, (415) 

972–3024, Lazarus.Arnold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 3, 2018 (83 FR 19495), the 

EPA proposed to approve the following 

rule into the California SIP. 


amozie on DSK3GDR082PROD with RULES