73544 Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Rules and Regulations 

Bridge in the vicinity of Chesapeake, 

VA. 

(b) Definition. For the purposes of this 

part, Captain of the Port Representative 

means any U.S. Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port, Hampton Roads, Virginia to 

act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in 165.23 of this 

part, entry into this zone is prohibited 

unless authorized by the Captain of the 

Port, Hampton Roads or his designated 

representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

Number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period This 

regulation will be enforced starting at 6 

a.m. on January 3, 2013 through January 

7, 2013 with inclement weather dates of 

January 8, 2013 through January 12, 

2013. 

Dated: November 29, 2012. 

John K. Little, 

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

Port Hampton Roads. 

[FR Doc. 2012–29828 Filed 12–10–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0119; FRL–9759–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; The 2002 Base Year 

Emissions Inventory for the 

Huntington-Ashland, WV–KY–OH 

Nonattainment Area for the 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2002 base year 

emissions inventory portion of the West 

Virginia State Implementation Plan 

(SIP) revision submitted by the State of 

West Virginia, through the West 

Virginia Department of Environmental 

Protection (WVDEP), on May 28, 2009. 

The emissions inventory is part of the 

May 28, 2009 SIP revision that was 

submitted to meet nonattainment 

requirements related to the West 

Virginia portion of the HuntingtonAshland, WV–KY–OH nonattainment 

area for the 1997 PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). EPA is approving the 2002 

base year PM2.5 emissions inventory in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

January 10, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0119. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

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

EPA. On October 2, 2012 (77 FR 60085), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. The NPR proposed approval of 

the 2002 base year emissions inventory 

portion of the West Virginia SIP revision 

submitted by the State of West Virginia 

on May 28, 2009. 

II. Summary of SIP Revision 

The 2002 base year emissions 

inventory submitted by WVDEP on May 

28, 2009 includes emissions estimates 

that cover the general source categories 

of point sources, non-road mobile 

sources, area sources, on-road mobile 

sources, and biogenic sources. The 

pollutants that comprise the inventory 

are nitrogen oxides (NOX), volatile 

organic compounds (VOCs), PM2.5, 

coarse particles (PM10), ammonia (NH3), 

and sulfur dioxide (SO2). EPA has 

reviewed the results, procedures and 

methodologies for the base year 

emissions inventory submitted by 

WVDEP. The year 2002 was selected by 

WVDEP as the base year for the 

emissions inventory per 40 CFR 

51.1008(b). A discussion of the 

emissions inventory development as 

well as the emissions inventory can be 

found in the May 28, 2009 SIP submittal 

and in the NPR. Specific requirements 

of the base year inventory and the 

rationale for EPA’s action are explained 

in the NPR and will not be restated here. 

No public comments were received on 

the NPR. 

III. Final Action 

EPA is approving the 2002 base year 

PM2.5 emissions inventory as a revision 

to the West Virginia SIP. 

IV. 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 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 


rmajette on DSK2TPTVN1PROD with 
Federal Register / Vol. 77, No. 238 / Tuesday, December 11, 2012 / Rules and Regulations 73545 

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 

• 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. 5 U.S.C. 804(2). 

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 [Insert date 60 days from date 

of publication of this document in the 

Federal Register]. 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 pertaining to the 

PM2.5 2002 base year emissions 

inventory portion of the West Virginia 

SIP 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, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: November 21, 2012. 

W.C. Early, 

Acting 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 XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding at the end of 

the table an entry for 2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard to 

read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate 

matter (PM2.5) standard.

West Virginia portion of the Huntington-Ashland, WV-KY-OH 

nonattainment area.

5/28/09 12/11/12 [Insert page number 

where the document begins].

52.2531(b) 

■ 3. § 52.2531 is amended by revising 

the section heading, designating the 

existing paragraph as paragraph (a), and 

adding paragraph (b). The amendments 

read as follows: 

§ 52.2531 Base year emissions inventory. 

* * * * * 

(b) EPA approves as a revision to the 

West Virginia State Implementation 

Plan the 2002 base year emissions 

inventory for the Huntington-Ashland, 

WV-KY-OH fine particulate matter 

(PM2.5) nonattainment area submitted by 

the West Virginia Department of 

Environmental Protection on May 28, 

2009. The 2002 base year emissions 

inventory includes emissions estimates 

that cover the general source categories 

of point sources, non-road mobile 

sources, area sources, on-road mobile 

sources, and biogenic sources. The 

pollutants that comprise the inventory 

are nitrogen oxides (NOX), volatile 

organic compounds (VOCs), PM2.5, 

coarse particles (PM10), ammonia (NH3), 

and sulfur dioxide (SO2). 

[FR Doc. 2012–29763 Filed 12–10–12; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MM Docket No. 99–25; FCC 12–144] 

Implementation of the Local 

Community Radio Act of 2010; 

Revision of Service and Eligibility 

Rules for Low Power FM Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Denial and/or dismissal of 

petitions for reconsideration. 

SUMMARY: In this document, the 

Commission acts on six petitions for 

reconsideration of the Fourth Report 


rmajette on DSK2TPTVN1PROD with