Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Proposed Rules 45741 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

This proposed rule involves no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, we 

believe that this rule should be 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Instruction, 

from further environmental 

documentation. As a proposal to 

establish a regulated navigation area, 

this rule meets the criteria outlined in 

paragraph (34)(g). We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

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 proposes to 

amend 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; 46 U.S.C. 

Chapter 701, 3306, 3703; 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 § 165.1336 to read as follows: 

§ 165.1336 Regulated Navigation Area; 

Pacific Sound Resources and Lockheed 

Shipyard Superfund Sites, Elliott Bay, 

Seattle, WA. 

(a) Regulated Areas. The following 

areas are regulated navigation areas: 

(1) All waters inside an area 

beginning at a point on the shore at 

47°35′02.7′′ N 122°22′23.00′′ W; thence 

north to 47°35′26.00′′ N 122°22′23.00′′ 

W; thence east to 47°35′26.00′′ N 

122°21′52.50′′ W; thence south to 

47°35′10.80′′ N 122°21′52.50′′ W; thence 

southwest to a point on the shoreline at 

47°35′05.9′′ N 122°21′58.00′′ W. [Datum: 

NAD 1983]. 

(2) All waters inside an area 

beginning at 47°34′52.16′′ N 

122°21′27.11′′ W; thence to 47°34′53.46′′ 

N 122°21′30.42′′ W; thence to 

47°34′37.92′′ N 122°21′30.51′′ W; thence 

to 47°34′37.92′′ N 122°21′27.65′′ W. 

[Datum: NAD 1983]. 

(b) Regulations. 

(1) All vessels and persons are 

prohibited from activities that would 

disturb the seabed, such as anchoring, 

dragging, trawling, spudding, or other 

activities that involve disrupting the 

integrity of the sediment caps installed 

in the designated regulated navigation 

area, pursuant to the remediation efforts 

of the U.S. Environmental Protection 

Agency (EPA) and others in the Pacific 

Sound Resources and Lockheed 

Shipyard EPA superfund sites. Vessels 

may otherwise transit or navigate within 

this area without reservation. 

(2) The prohibition described in 

paragraph (b)(1) of this section does not 

apply to vessels or persons engaged in 

activities associated with remediation 

efforts in the superfund sites, provided 

that the Captain of the Port, Puget 

Sound (COTP), is given advance notice 

of those activities by the EPA. 

(3) Nothing in this rulemaking is 

intended to conflict with treaty fishing 

rights of the Muckleshoot and 

Suquamish tribes, and they are not 

restricted from any type of fishing in the 

described area. 

(c) Waivers. 

(1) Upon written request stating the 

need and proposed conditions of the 

waiver, and any proposed precautionary 

measures, the COTP may authorize a 

waiver from this section if they 

determine that the activity for which the 

waiver is sought can take place without 

undue risk to the remediation efforts 

described in paragraph (b)(1) of this 

section. The COTP will consult with 

EPA in making this determination when 

necessary and practicable. 

Dated: July 6, 2011. 

G.T. Blore, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2011–19320 Filed 7–29–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0471; FRL–9446–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Diesel-Powered Motor 

Vehicle Idling Act 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania for the 

purpose of incorporating the 

Commonwealth’s Diesel-Powered Motor 

Vehicle Idling Act (Act 124 of 2008, or 

simply Act 124) into the Pennsylvania 

SIP. Act 124, passed by the 

Pennsylvania General Assembly and 

signed into state law by Governor 

Rendell in October 2008 (and effective 

at the state level in February 2009), 

reduces the allowable time that heavyduty, commercial highway diesel 

vehicles of over 10,000 pounds gross 

vehicle weight can idle their main 

propulsion engines. The law restricts 

idling of these commercial diesel 

vehicles (mostly heavy trucks and 

buses) to a period of 5 minutes per 

continuous 60 minute period (with 

certain allowable exemptions and 

exclusions). Act 124 applies statewide 

in the Commonwealth, and is estimated 

by Pennsylvania to significantly reduce 

emissions of nitrogen oxides (NOX), 

volatile organic compounds (VOCs), and 

fine particulate matter (PM). While idle 

time emissions limits are not mandatory 

under the Clean Air Act (CAA), 

incorporation of Act 124 into the SIP 

does strengthen the SIP, makes the state 


emcdonald on DSK2BSOYB1PROD with PROPOSALS
45742 Federal Register / Vol. 76, No. 147 / Monday, August 1, 2011 / Proposed Rules 

law federally enforceable by EPA, and 

allows the Commonwealth to take credit 

for emissions benefits from the rule as 

part of future Pennsylvania SIP 

revisions to demonstrate compliance 

with CAA National Ambient Air Quality 

Standards (NAAQS). This action is 

being taken under the CAA. 

In the Final Rules section of this 

Federal Register, EPA is approving the 

Commonwealth’s SIP submittal as a 

direct final rule without prior proposal 

because EPA views this as a 

noncontroversial submittal and 

anticipates no adverse comments. A 

detailed rationale for the approval is set 

forth in the direct final rule. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by August 31, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0471 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov 

C. Mail: EPA–R03–OAR–2011–0471, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0471. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 either electronically in 

http://www.regulations.gov or in hard 

copy during normal business hours at 

the Air Protection Division, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by email at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. 

Dated: July 18, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–19275 Filed 7–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 0808041037–81092–02] 

RIN 0648–AX05 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Amendment 11 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule, request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement measures in Amendment 11 

to the Atlantic Mackerel, Squid, and 

Butterfish (MSB) Fishery Management 

Plan (FMP). Amendment 11 was 

developed by the Mid-Atlantic Fishery 

Management Council (Council) to 

establish a tiered limited access program 

for the Atlantic mackerel (mackerel) 

fishery, and to make other changes to 

the management of the MSB fisheries. 

The Amendment 11 management 

measures include: A limited access 

program for mackerel; an open access 

incidental catch permit for mackerel; an 

update to essential fish habitat (EFH) 

designations for all life stages of 

mackerel, Loligo squid, Illex squid, and 

butterfish; and the establishment of a 

recreational allocation for mackerel. 

This rule also proposes minor, technical 

corrections to the existing regulations 

pertaining to the MSB fisheries. 

DATES: Public comments must be 

received no later than 5 p.m., eastern 

standard time, on September 15, 2011. 

ADDRESSES: Copies of supporting 

documents used by the Mid-Atlantic 

Fishery Management Council (Council), 

including the Environmental 

Assessment (EA) and Regulatory Impact 

Review (RIR)/Initial Regulatory 

Flexibility Analysis (IRFA), are 

available from: Dr. Christopher M. 

Moore, Executive Director, Mid-Atlantic 

Fishery Management Council, Room 

2115, Federal Building, 300 South New 

Street, Dover, DE 19904–6790. The EA/ 

RIR/IRFA is accessible via the Internet 

at http://www.nero.noaa.gov. 

You may submit comments, identified 

by 0648–AX05, by any one of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal http:// 

www.regulations.gov; 


emcdonald on DSK2BSOYB1PROD with PROPOSALS