Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations 39775 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–0547] 

Drawbridge Operation Regulation; 

Lafourche Bayou, Lafourche, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Eighth 

Coast Guard District, has issued a 

temporary deviation from the regulation 

governing the operation of the Cut Off 

vertical lift span bridge across the 

Lafourche Bayou, mile 36.3, at Cut Off, 

Lafourche Parish, LA. The deviation is 

necessary to perform major maintenance 

and repair on the bridge. This deviation 

allows the bridge to remain closed to 

navigation for 45 consecutive days 

except that from 6 a.m. through 6 p.m. 

the bridge will open every four hours, 

as necessary, to allow waiting vessel 

traffic to pass. 

DATES: This deviation is effective from 

6 a.m. on Monday, July 11, 2011 

through 6 p.m. on Wednesday, August 

24, 2011. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket are part of docket USCG–2011– 

0547 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0547 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 rule, call or 

e-mail Jim Wetherington, Bridge 

Administration Branch, Coast Guard; 

telephone 504–671–2128, e-mail 

james.r.wetherington@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The 

Lafourche Parish Government has 

requested a temporary deviation from 

the operating schedule of the vertical lift 

span bridge across Lafourche Bayou, 

mile 36.3 in Cut Off, Lafourche Parish, 

LA. The vertical clearance of the bridge 

in the closed-to-navigation position is 5 

feet above Mean High Water and 73 feet 

above Mean High Water in the open-tonavigation position. 

In accordance with 33 CFR 

117.465(a)(5), the vertical lift span of the 

bridge shall open on signal for the 

passage of vessels; except that from 

August 15–May 31, the draw need not 

open for the passage of vessels Monday– 

Friday, except Federal holidays, from 

7 a.m.–8:30 a.m.; from 2 p.m. to 4 p.m.; 

and from 4:30 p.m. to 5:30 p.m. This 

deviation allows the vertical lift span of 

the bridge to remain closed to 

navigation from Monday, July 11, 2011 

through Wednesday, August 24, 2011 

except that from 6 a.m. through 6 p.m., 

the bridge will open every four hours, 

as necessary, to allow for the passage of 

any vessels in waiting. 

The closure is necessary to perform 

major maintenance and repair. This 

maintenance is essential for the 

continued operation of the bridge. 

Notices will be published in the Eighth 

Coast Guard District Local Notice to 

Mariners and will be broadcast via the 

Coast Guard Broadcast Notice to 

Mariners System. 

Navigation on the waterway consists 

of commercial and recreational fishing 

vessels, small to medium crew boats, 

and small tugs with and without tows. 

Alternate routes are available for the 

passage of vessels; however, this closure 

was coordinated with waterway 

interests who have indicated that they 

will be able to adjust their operations 

around the proposed work schedule. 

Small vessels may pass under the bridge 

while in the closed-to-navigation 

position provided caution is exercised. 

Due to prior experience and 

coordination with waterway users, it 

has been determined that this closure 

will not have a significant effect on 

vessels that use the waterway. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: June 21, 2011. 

David M. Frank, 

Chief, Bridge Administration Branch, U.S. 

Coast Guard, by Direction. 

[FR Doc. 2011–17108 Filed 7–6–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0404; FRL–9430–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Determination of 

Termination of Section 185 Fees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA has determined that 

the State of Louisiana is no longer 

required to submit a section 185 fee 

program State Implementation Plan 

(SIP) revision for the Baton Rouge ozone 

nonattainment area to satisfy antibacksliding requirements for the 1-hour 

ozone standard. This determination 

(‘‘Termination Determination’’) is based 

on complete, quality-assured monitoring 

data showing attainment of the 1-hour 

ozone National Ambient Air Quality 

Standard (NAAQS), which is due to 

permanent and enforceable emission 

reductions implemented in the area. 

DATES: This rule is effective August 8, 

2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket No. 

EPA–R06–OAR–2010–0404. All 

documents in the docket are listed in 

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

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PDL), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7367, fax (214) 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
39776 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations 

1For the reasons set forth in the proposal to this 

final action, a final approval of the Termination 

Determination for the 1-hour standard section 185 

measures will not be rescinded based on 

subsequent monitored nonattainment for the 1-hour 

ozone standard. 

2A final determination that attainment for the 8- 

hour standard is due to permanent and enforceable 

emissions reductions would provide an additional 

basis for a Termination Determination for Baton 

Rouge, but EPA has not yet made such a 

determination and therefore does not rely on that 

ground here. 

665–7263, e-mail address 

rennie.Sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What action is EPA taking? 

II. What is the background and legal rationale 

for this final action? 

III. What is the effect of this final action? 

IV. What is EPA’s final analysis? 

a. Attainment of the 1-Hour Ozone 

Standard 

b. Permanent and Enforceable Emission 

Reductions 

V. What comments did EPA receive? 

VI. Final Action 

VII. Statutory and Executive Order Reviews 

I. What action Is EPA taking? 

EPA has determined that Louisiana is 

no longer required to submit a Clean Air 

Act section 185 fee program SIP revision 

for the Baton Rouge 1-hour ozone 

nonattainment area to satisfy antibacksliding requirements associated 

with the transition from the 1-hour 

ozone standard to the 1997 8-hour 

ozone standard. This Termination 

Determination is based on EPA’s 

determination that the area is attaining 

the 1-hour ozone standard due to 

permanent and enforceable emission 

reductions implemented in the area. 

EPA’s determination terminates the 

area’s obligation to submit a section 185 

fee program SIP revision for the 1-hour 

ozone standard. 

II. What is the background and legal 

rationale for this final action? 

For a detailed description of the 

background and legal rationale for this 

final action, see our proposed approval, 

published March 29, 2011 (76 FR 

17368). 

III. What is the effect of this final 

action? 

By finalizing this action, we are 

terminating the requirement for the 

State of Louisiana to submit a CAA 

section 185 penalty fee 1-hour ozone 

anti-backsliding SIP revision, which 

would have required major stationary 

sources in the Baton Rouge area to pay 

fees as a penalty for failure to attain the 

1-hour ozone standard by the area’s 1- 

hour ozone attainment date.1

IV. What is EPA’s final analysis? 

EPA’s final Termination 

Determination is based upon EPA’s 

determination that the BR area is 

attaining the 1-hour ozone standard due 

to permanent and enforceable emission 

reductions implemented in the area, as 

detailed in our proposal for this final 

action. 

a. Attainment of the 1-Hour Ozone 

Standard 

As noted above, EPA determined that 

the Baton Rouge 1-hour ozone 

nonattainment area attained the 1-hour 

ozone NAAQS. For the details of that 

determination see our final action at 75 

FR 6570 (February 10, 2010). As 

discussed in our proposal, EPA has also 

determined that the area continues to 

monitor attainment of the 1-hour ozone 

standard, based on complete, qualityassured data for 2010. 76 FR 17368, 

March 29, 2011. 

EPA notes that, on September 9, 2010, 

EPA determined that the Baton Rouge 

1997 8-hour ozone nonattainment area 

also attained the 1997 8-hour ozone 

NAAQS. For the details of that 

determination see our final action at 75 

FR 54778 (September 9, 2010).2

b. Permanent and Enforceable Emission 

Reductions 

EPA is finalizing its determination 

that the BR area demonstrated that the 

observed air quality improvements with 

respect to the 1-hour ozone standard are 

due to permanent and enforceable 

emission reductions through the 

implementation of emission controls 

contained in the SIP and in federal 

control measures. For a detailed 

analysis of these permanent and 

enforceable measures, please see our 

proposal at 76 FR 17371–17372. 

V. What comments did EPA receive? 

EPA received thirteen comment 

letters in response to the proposed 

rulemaking. The comment letters are 

available for review in the docket for 

this rulemaking. All commenters 

expressed support for our proposed 

action, and no adverse comments were 

received. Comments were submitted by 

American Chemistry Council, American 

Petroleum Institute or ‘‘API’’, BASF, 

Entergy Gulf State Louisiana L.L.C, 

National Petrochemical & Refiners 

Association (‘‘NPRA’’), PCS Nitrogen 

Fertilizer, Shell Chemical LP, Syngenta 

Crop Protection LLC, Williams Olefins, 

LLC (Williams), ExxonMobil, Calpine 

Corporation (Calpine), Louisiana 

Chemical Association, the Baton Rouge 

Area Chamber, and the Louisiana MidContinent Oil and Gas Association, 

(collectively, the Associations), and 

Baker Botts (through the Section 185 

Working Group (the ‘‘Group’’). In 

addition to expressing support, some 

comments also addressed additional 

points relating to requirements under 

section 185 and triggers for 

applicability, as well as other issues 

which EPA considers to be outside the 

scope of this Termination Determination 

rulemaking, which-addresses only the 

circumstances relating to termination of 

the section 185 SIP obligation, and thus 

EPA need not address such comments 

here. 

VI. Final Action 

For the reasons set forth in the 

proposed rulemaking and in this final 

rulemaking, EPA is finalizing its 

determination to terminate (Termination 

Determination) the section 185 fee 

penalty requirement for the Baton Rouge 

area for the 1-hour ozone standard. This 

final determination is based on EPA’s 

determination that the area has attained 

and continues to attain the 1-hour ozone 

standard due to permanent and 

enforceable emissions reductions. 

VII. Statutory and Executive Order 

Reviews 

This action makes a determination of 

termination of the CAA section 185 

penalty fee requirement based on 

attainment of the 1-hour ozone standard 

due to permanent and enforceable 

emission reductions, and results in the 

termination of the section 185 fee 

requirements for the 1-hour standard, 

and does not impose any additional 

requirements. For that reason, this 

action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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); 


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Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Rules and Regulations 39777 

• 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 the 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 Clean Air Act; 

and 

• 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. 

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 rules 

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 

these actions must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 6, 

2011. Filing a petition for 

reconsideration by the Administrator of 

these final rules 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: June 23, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart T—Louisiana 

■ 2. Section 52.977 is amended by 

adding paragraph (c) to read as follows: 

§ 52.977 Control strategy and regulations: 

Ozone. 

* * * * * 

(c) Determination to Terminate the 

Clean Air Act Section 185 Penalty Fee 

Requirement. Effective September 6, 

2011 EPA has determined that the State 

of Louisiana is no longer required to 

submit a section 185 fee program State 

Implementation Plan (SIP) revision for 

the Baton Rouge ozone nonattainment 

area to satisfy anti-backsliding 

requirements for the 1-hour ozone 

standard. This determination is based 

on EPA’s determination that the area 

has attained the 1-hour ozone standard 

due to permanent and enforceable 

emissions reductions. 

[FR Doc. 2011–16881 Filed 7–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0907; FRL–9428–7] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollutions Control 

District (SJVUAPCD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing a limited 

approval and limited disapproval of 

revisions to the San Joaquin Valley 

Unified Air Pollution Control District 

(SJVUAPCD) portion of the California 

State Implementation Plan (SIP). This 

action was proposed in the Federal 

Register on January 4, 2011 and 

concerns volatile organic compound 

(VOC) emissions from crude oil 

production operations and refineries. 

Under authority of the Clean Air Act as 

amended in 1990 (CAA or the Act), this 

action simultaneously approves local 

rules that regulate these emission 

sources and directs California to correct 

rule deficiencies. 

DATES: Effective Date: This rule is 

effective on August 8, 2011. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0907 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Joanne Wells, EPA Region IX, (415) 

947–4118, wells.joanne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our,’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On January 4, 2011 (76 FR 298), EPA 

proposed a limited approval and limited 

disapproval of the following rules that 

were submitted for incorporation into 

the California SIP. 


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