Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations 13971 

TABLE THREE

Vessel Number 

Masthead 

lights arc of 

visibility; rule 

21(a) 

Side lights 

arc of visibility; rule 

21(b) 

Stern light 

arc of visibility; rule 

21(c) 

Side lights 

distance inboard of 

ship’s sides 

in meters 

3(b) annex 1 

Stern light, 

distance forward of stern 

in meters; 

rule 21(c) 

Forward anchor light, 

height above 

hull in meters; 2(K) 

annex 1 

Anchor lights relation-ship of aft 

light to forward 

light in meters 

2(K) annex 1 

*******

USS MISSISSIPPI ................ SSN 782 ............. ...................... ...................... 209.0° 4.37 11.05 2.8 0.30 below. 

Approved: February 27, 2012. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate, General (Admiralty 

and Maritime Law. 

J.M. Beal, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2012–5612 Filed 3–7–12; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0048] 

RIN 1625–AA11 

Regulated Navigation Area; MBTA 

Saugus River Railroad Drawbridge 

Rehabilitation Project, Saugus River, 

MA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule with 

request for comments. 

SUMMARY: The Coast Guard is 

establishing a regulated navigation area 

(RNA) on the navigable waters of the 

Saugus River under and surrounding the 

Massachusetts Bay Transportation 

Authority (MBTA) Saugus River 

Railroad Drawbridge which crosses the 

Saugus River between Saugus and Lynn, 

Massachusetts. This temporary interim 

rule is intended to protect both vessels 

and construction workers by restricting 

vessel traffic during periods when the 

bridge is being repaired. 

DATES: This rule is effective in the CFR 

from March 8, 2012, until 11:59 p.m. on 

November 30, 2012, and is effective 

with actual notice for purposes of 

enforcement February 17, 2012. Public 

comments will be accepted and 

reviewed by the Coast Guard through 

November 30, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0048 using any one of the 

following methods: 

(1) Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

Documents indicated in this preamble 

as being available in the docket are part 

of docket USCG–2012–0048 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2012–0048 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ They are also 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Mr. Mark Cutter, 

Coast Guard Sector Boston Waterways 

Management Division, telephone 617– 

223–4000, email 

Mark.E.Cutter@uscg.mil or Lieutenant 

Junior Grade Isaac Slavitt, Coast Guard 

First District Waterways Management 

Branch, telephone 617–223–8385, email 

Isaac.M.Slavitt@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted, 

without change, to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

As this temporary interim rule will be 

in effect before the end of the comment 

period, the Coast Guard will evaluate 

and revise this rule as necessary to 

address significant public comments. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0048), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0048’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit comments by mail or hand 

delivery, submit them in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying and electronic 

filing. If you submit comments by mail 

and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 


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13972 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

this rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0048’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting within the meaning of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553. But you may submit a 

request for one using one of the four 

methods specified under ADDRESSES. 

Please explain why you believe such a 

public meeting would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Regulatory Information 

The Coast Guard is issuing this 

interim rule without prior Federal 

Register notice pursuant to authority 

under section 4(a) of the Administrative 

Procedure Act (APA) (5 U.S.C. 553(b)). 

This provision authorizes an agency to 

issue a rule without prior notice when 

the agency for good cause finds that 

those procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing a notice of proposed 

rulemaking (NPRM) with respect to this 

rule. 

During an in-depth inspection of the 

railroad bridge structure, significant 

deterioration of the granite pier that 

supports the bascule bridge was 

observed. Out of safety concerns, the 

MBTA has instituted single track 

operation, a reduction of speed, and 

prohibited braking on the bridge until 

they can stabilize the pier. The long 

term goal is to replace the granite pier, 

but in the short term they have to add 

additional support to the bridge; this is 

being done by adding a new temporary 

support pier. 

The MBTA notified the Coast Guard 

on January 10, 2012 that it intended to 

close the bridge for multiple weekends 

beginning in late February, 2012. It 

would be impracticable to issue an 

NPRM and take public comments 

within that timeframe, and it would be 

contrary to the public interest to delay 

promulgating this rule, as it is necessary 

to protect the safety of waterway users 

operating in the vicinity of the bridge. 

The delay of necessary repair operations 

would result in increased costs, delay 

the date when the bridge is expected to 

reopen for normal operations, and have 

a larger impact on the boating public 

during the peak of the recreational 

boating season. Additionally, the 

potential dangers posed by the bridge in 

its current state demand immediate 

action. It is impracticable and contrary 

to the public interest to delay this 

regulation, especially in light of the fact 

that the Coast Guard may publish an 

amended rule at any time if necessary 

to address public concerns. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

Basis and Purpose 

Under the Ports and Waterways Safety 

Act, the Coast Guard has the authority 

to establish RNAs in defined water areas 

that are determined to have hazardous 

conditions and in which vessel traffic 

can be regulated in the interest of safety. 

See 33 U.S.C. 1231 and Department of 

Homeland Security Delegation No. 

0170.1. 

The purpose of this interim rule is to 

ensure the safe transit of vessels in the 

area and to protect all persons, vessels, 

and the marine environment during the 

rehabilitation project of the MBTA 

Saugus River Railroad Drawbridge. 

Discussion of Rule 

This action is intended to control 

vessel traffic for the duration of the 

MBTA Saugus River Railroad 

Drawbridge rehabilitation over the main 

channel of the Saugus River. The 

construction work involves large 

machinery and construction vessel 

operations in the navigable waters of the 

Saugus River immediately surrounding 

the MBTA Saugus River Railroad 

Drawbridge. The ongoing operations are, 

by their nature, hazardous and pose 

risks both to recreational and 

commercial traffic as well as the 

construction crew. The Coast Guard 

may close the regulated area described 

in this rule to all vessel traffic during 

any circumstance that poses an 

imminent threat to waterway users 

operating in the area. The weekend 

waterway closures will be made with as 

much advance notice as possible. 

The Captain of the Port (COTP) Sector 

Boston will cause notice of enforcement, 

suspension of enforcement, or closure of 

the waterway to be made by appropriate 

means to ensure the widest distribution 

among the affected segments of the 

public. Such means of notification may 

include, but are not limited to, 

Broadcast Notice to Mariners, Local 

Notice to Mariners, and Marine Safety 

Information Bulletins. 

Entry into this RNA is prohibited 

unless authorized by the COTP Sector 

Boston. Any violation of this RNA is 

punishable by civil and criminal 

penalties, in rem liability against the 

offending vessel, and the initiation of 

suspension or revocation proceedings 

against Coast Guard-issued merchant 

mariner credentials. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Executive Order 12866 and Executive 

Order 13563 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be minimal because the 

amount of traffic in this waterway is 

extremely limited. Furthermore, the 

Captain of the Port has the ability to 

suspend the provisions of this 

regulation when necessary. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 


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Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations 13973 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ means small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities some of which may be small 

entities: Local fishermen, the owners or 

operators of marinas, businesses (such 

as waterside restaurants), and vessels 

who intend to transit in the Saugus 

River beneath the MBTA Saugus River 

Railroad Drawbridge during the 

effective period. 

This regulation may have some 

impact on the public, but the potential 

impact will be minimized for the 

following reasons: The primary 

waterway users, of which there are 

approximately six during this time of 

the year, are lobster fishermen. The 

parties that have the potential to be 

affected have been contacted through 

the Saugus Harbormaster and have 

made plans to work around the closure 

times. Additionally, we will use 

appropriate means to inform the public 

before, during, and at the conclusion of 

any RNA enforcement period. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of an RNA. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. Any comments received 

concerning environmental impacts will 

be considered and changes made to the 

environmental analysis checklist and 


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13974 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Rules and Regulations 

categorical exclusion determination as 

appropriate. 

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. 1226, 1231; 46 U.S.C. 

Chapter 701, 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0048 to read as 

follows: 

§ 165.T01–0048 Regulated Navigation 

Area; MBTA Saugus River Railroad 

Drawbridge rehabilitation project, Saugus 

River, MA. 

(a) Location. The following area is a 

Regulated 

Navigation Area (RNA): All navigable 

waters, surface to bottom, on the Saugus 

River, within a 300 yard radius of 

position 42°26′50′′ N, 70°58′19′′ W in the 

vicinity of the MBTA Saugus River 

Railroad Drawbridge between Saugus 

and Lynn, MA. 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.10, 

165.11, and 165.13 apply in addition to 

those provisions outlined below. 

(2) In accordance with the general 

regulations, entry into or movement 

within this zone during periods of 

enforcement is prohibited unless 

authorized by Captain of the Port Sector 

Boston (COTP). 

(3) All persons and vessels must 

comply with all directions given to 

them by the COTP or the on-scene 

representative. The ‘‘on-scene 

representative’’ of the COTP is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on the COTP’s 

behalf. The on-scene representative may 

be on a Coast Guard vessel or other 

designated craft, or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. Members 

of the Coast Guard Auxiliary may be 

present to inform vessel operators of 

this regulation. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(5) Notwithstanding any other 

provisions in this regulation, the 

movement of official, emergency vessels 

within the regulated area will be 

permitted provided that the contractor 

is notified in order to remove potential 

hazards or obstructions. 

(6) All other relevant regulations, 

including but not limited to the Rules of 

the Road (33 CFR Subchapter E, Inland 

Navigational Rules), remain in effect 

within the regulated area and must be 

strictly followed at all times. 

(c) Enforcement period. (1) This 

regulation is enforceable each week 

from Friday at 11 p.m. until Monday at 

4 a.m., from February 24, 2012, through 

November 30, 2012. 

(2) The COTP Sector Boston will 

cause notice of enforcement to be made 

by all appropriate means to achieve the 

widest distribution among the affected 

segments of the public. Such means of 

notification may include but are not 

limited to Broadcast Notice to Mariners, 

Local Notice to Mariners, and Marine 

Safety Information Bulletins. Such 

notification will include the dates and 

times that enforcement will begin and 

end. 

(d) Penalties. Failure to comply with 

this section may result in civil or 

criminal penalties pursuant to the Ports 

and Waterways Safety Act, 33 U.S.C. 

1221 et seq. Report violations of this 

regulated navigation area to the COTP 

Sector Boston, at 617–223–5757 or on 

VHF–Channel 16. 

Dated: February 17, 2012. 

D.A. Neptun, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2012–5329 Filed 3–7–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2011–0796, FRL–9645–4] 

Approval and Promulgation of 

Implementation Plans; New York State 

Ozone Implementation Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a proposed 

revision to the New York State 

Implementation Plan (SIP) for ozone 

concerning the control of volatile 

organic compounds. The proposed SIP 

revision consists of amendments to Title 

6 of the New York Codes, Rules and 

Regulations Part 228, ‘‘Surface Coating 

Processes, Commercial and Industrial 

Adhesives, Sealants and Primers,’’ Part 

234, ‘‘Graphic Arts,’’ and Part 241, 

‘‘Asphalt Pavement and Asphalt Based 

Surface Coating.’’ The intended effect of 

this action is to approve control 

strategies, required by the Clean Air Act, 

which will result in emission reductions 

that will help attain and maintain the 

national ambient air quality standards 

for ozone. 

DATES: Effective Date: This rule will be 

effective April 9, 2012. 

ADDRESSES: EPA has established a 

docket for this action under the Federal 

Docket Management System (FDMS) 

which replaces the Regional Materials 

in EDOCKET (RME) docket system. The 

new FDMS is located at 

www.regulations.gov and the docket ID 

for this action is EPA–R02–OAR–2011– 

0796. All documents in the docket are 

listed in the FDMS index. Publicly 

available docket materials are available 

either electronically in FDMS or in hard 

copy at the Environmental Protection 

Agency, Region 2 Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. Copies of 

the documents relevant to this action 

are also available for public inspection 

during normal business hours, by 

appointment at the Air and Radiation 

Docket and Information Center, 

Environmental Protection Agency, 

Room 3334, 1301 Constitution Avenue 

NW., Washington, DC; and the New 

York State Department of 

Environmental Conservation, Division 

of Air Resources, 625 Broadway, 

Albany, New York 12233. 

FOR FURTHER INFORMATION CONTACT: Kirk 

J. Wieber, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–3381. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What was included in New York’s 

submittals? 

II. What is EPA’s evaluation of part 228, 

‘‘Surface Coating Processes, Commercial 

and Industrial Adhesives, Sealants and 

Primers?’’ 

III. What is EPA’s evaluation of part 234, 

‘‘Graphic Arts?’’ 

IV. What is EPA’s evaluation of part 241, 

‘‘Asphalt Pavement and Asphalt Based 

Surface Coating?’’ 

V. What comments did EPA receive in 

response to its proposal? 

VI. What is EPA’s conclusion? 

VII. Statutory and Executive Order Reviews 

I. What was included in New York’s 

submittals? 

On August 19, 2010 and December 15, 

2010, the New York State Department of 

Environmental Conservation (NYSDEC), 


wreier-aviles on DSK5TPTVN1PROD with RULES