21448 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 

zone that will be enforced for a total of 

14 hours. An environmental analysis 

checklist and a categorical exclusion 

determination are 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; 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0178 to 

read as follows: 

§ 165.T07–0178 Safety Zone; Volvo Ocean 

Racing Youth Regatta, Biscayne Bay, 

Miami, FL. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of the Atlantic Ocean in the 

vicinity of Miami, Florida encompassed 

within an imaginary line connecting the 

following points: Starting at Point 1 in 

position 25°47′12′′ N, 80°11′08′′ W; 

thence east to Point 2 in position 

25°47′13′′ N, 80°10′53′′ W; thence south 

to Point 3 in position 25°46′53′′ N, 

80°10′53′′ W; thence southwest to Point 

4 in position 25°46′47′′ N, 80°10′56′′ W; 

thence west to Point 5 in position 

25°46′49′′ N, 80°11′07′′ W; thence north 

to Point 6 in position 25°46′56′′ N, 

80°11′07′′ W; thence west to Point 7 in 

position 25°46′56′′ N, 80°11′20′′ W; 

thence north to Point 8 in position 

25°46′59′′ N, 80°11′20′′ W; thence east to 

Point 9 in position 25°46′59′′ N, 

80°11′07′′ W; thence north back to 

origin. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Miami or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Miami by 

telephone at (305) 535–4472, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Miami or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date and Enforcement 

Periods. This rule is effective from 

9 a.m. on May 12, 2012 through 4 p.m. 

on May 13, 2012. This rule will be 

enforced daily from 9 a.m. until 4 p.m. 

on May 12, 2012 and May 13, 2012. 

Dated: March 26, 2012. 

C.P. Scraba, 

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

Port Miami. 

[FR Doc. 2012–8539 Filed 4–9–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0146] 

RIN 1625–AA87 

Security Zone; 2012 Fleet Week, Port 

Everglades, Fort Lauderdale, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary security zone 

on the waters of Port Everglades in Fort 

Lauderdale, Florida during 2012 Fleet 

Week. 2012 Fleet Week will take place 

from Wednesday, April 25, 2012 

through Monday, April 30, 2012. The 

security zone will encompass the main 

shipping channel into Port Everglades 

Harbor and the Intracoastal Waterway 

through Port Everglades Harbor. The 

security zone will be enforced while 

U.S. Navy vessels participating in 2012 

Fleet Week transit into and out of Port 

Everglades. The security zone is 

necessary to ensure the safety and 

security of U.S. Navy vessels, the 

public, and surrounding waterway from 

terrorist acts, sabotage or other 

subversive acts, accidents, or other 

causes of a similar nature. Entering or 

remaining in this security zone is 

prohibited unless authorized by the 

Captain of the Port Miami or a 

designated representative. 

DATES: This rule is effective from 6 a.m. 

on April 25, 2012 through 1 p.m. on 

April 30, 2012. This rule will be 

enforced from 6 a.m. until 1 p.m. on 

April 25, 2012 and April 30, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0146 and are available online by going 

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

USCG–2011–0146 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 

final rule, call or email Lieutenant 

Jennifer S. Makowski, Sector Miami 

Prevention Department, Coast Guard; 

telephone (305) 535–8724, email 

Jennifer.S.Makowski@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

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 and opportunity to 

comment 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. The Coast 

Guard did not receive necessary 

information regarding the event with 

sufficient time to publish an NPRM and 

to receive public comments in advance 

of the effective date of the security zone. 

Any delay in the effective date of this 

rule would be contrary to the public 

interest as immediate action is needed 

to protect U.S. Navy vessels, the public, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 21449 

and the surrounding waterway from 

sabotage or other subversive acts, 

accidents, or other causes of a similar 

nature. 

Basis and Purpose 

The legal basis for the rule is the 

Coast Guard’s authority to establish 

regulated navigation areas and limited 

access areas: 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, 

160.5; Public Law 107–295, 116 Stat. 

2064; Department of Homeland Security 

Delegation No. 0170.1. 

The purpose of the rule is to protect 

U.S. Navy vessels, the public, and the 

surrounding waterways from potential 

terrorist acts, sabotage or other 

subversive acts, accidents, or other 

causes of a similar nature. 

Discussion of Rule 

On April 25, 2012, U.S. Navy vessels 

will be transiting into Port Everglades in 

Fort Lauderdale, Florida for 2012 Fleet 

Week. These vessels will remain in port 

until April 30, 2012. 

33 CFR 165.2025 provides for a 500 

yard regulated area of water 

surrounding U.S. Navy vessels that are 

greater than 100 feet. This naval vessel 

protection zone is not sufficient for 2012 

Fleet Week due to: (1) The large number 

and types of U.S. Navy vessels 

participating in the event; and (2) the 

anticipated increase of vessel traffic 

during the event. The temporary 

security zone encompasses the main 

shipping channel into Port Everglades 

Harbor and certain waters of the 

Intracoastal Waterway in Fort 

Lauderdale, Florida. The northern 

boundary of the security zone is the 

northern extension of the turning basin 

at the SE. 17th Street Causeway Bridge. 

The eastern boundary of the security 

zone is the mouth of Port Everglades 

Harbor. The southern boundary of the 

security zone is near berth 29 of Port 

Everglades Harbor. The western 

boundary is the westernmost point of all 

the piers, slips, and turning basins of 

Port Everglades Harbor. The safety zone 

will be enforced during the transit of 

U.S. Navy vessels into and out of Port 

Everglades for 2012 Fleet Week. The 

security zone will be enforced from 6 

a.m. until 1 p.m. on April 25, 2012 and 

April 30, 2012. The security zone may 

cease to be enforced prior to the end of 

the stated enforcement periods if the 

U.S. Navy vessels arrive in, or depart 

from, Port Everglades early. 

Persons and vessels are prohibited 

from entering or remaining in the 

security zone unless authorized by the 

Captain of the Port Miami or a 

designated representative. Persons and 

vessels desiring to enter or remain in the 

security zone may contact the Captain of 

the Port Miami by telephone at (305) 

535–4472, or a designated 

representative via VHF radio on channel 

16, to request authorization. If 

authorization to enter or remain in the 

security zone is granted by the Captain 

of the Port Miami or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Miami or a 

designated representative. The Coast 

Guard will provide notice of the 

security zone by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and on-scene designated 

representatives. 

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. 

Regulatory Planning and Review 

Executive Orders 13563, Improving 

Regulation and Regulatory Review, and 

12866, Regulatory Planning and Review, 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this regulation under 

Executive Order 12866. 

The economic impact of this rule is 

not significant for the following reasons: 

(1) The security zone will only be 

enforced for a total of 14 hours; (2) 

although persons and vessels will not be 

able to enter or remain in the security 

zone without authorization from the 

Captain of the Port Miami or a 

designated representative, they may 

operate in the surrounding area during 

the enforcement periods; (3) persons 

and vessels may still enter or remain in 

the security zone if authorized by the 

Captain of the Port Miami or a 

designated representative; and (4) the 

Coast Guard will provide advance 

notification of the security zone to the 

local maritime community by Local 

Notice to Mariners and Broadcast Notice 

to Mariners. 

Small Entities 

Under the Regulatory Flexibility Act 

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

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

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 may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to enter or remain 

within that portion of Port Everglades 

Harbor encompassed within the security 

zone from 6 a.m. to 1 p.m. on 

Wednesday, April 25, 2012 and 

Monday, April 30, 2012. For the reasons 

discussed in the Regulatory Planning 

and Review section above, this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

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). 


tkelley on DSK3SPTVN1PROD with RULES
21450 Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 

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 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. 

Taking of Private Property 

This rule will not effect 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 that 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 establishing a temporary 

security zone that will be enforced for 

a total of 14 hours. An environmental 

analysis checklist and a categorical 

exclusion determination are 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; 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, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0146 to 

read as follows: 

§ 165.T07–0146 Security Zone; 2012 Fleet 

Week, Port Everglades, Fort Lauderdale, FL. 

(a) Location. The following regulated 

area is a security zone. All waters of 

Port Everglades Harbor and the 

Intracoastal Waterway encompassed 

within an imaginary line connecting the 

following points: Starting at Point 1 in 

position 26°06′03′′ N, 80°07′07′′ W; 

thence southeast to Point 2 in position 

26°05′37′′ N, 80°06′18′′ W; thence 

southwest to Point 3 in position 

26°04′44′′ N, 80°06′52′′ W; thence 

northwest to Point 4 in position 

26°05′25′′ N, 80°07′27′′ W; thence north 

to Point 5 in position 26°05′43′′ N, 

80°07′27′′ W; thence northeast back to 

origin. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering or 

remaining in the regulated area unless 

authorized by the Captain of the Port 

Miami or a designated representative. 

(2) Persons and vessels desiring to 

enter or remain in the regulated area 

may contact the Captain of the Port 

Miami by telephone at (305) 535–4472, 

or a designated representative via VHF 

radio on channel 16, to request 

authorization. If authorization to enter 

or remain in the regulated area is 

granted by the Captain of the Port 

Miami or a designated representative, 

all persons and vessels receiving such 

authorization must comply with the 

instructions of the Captain of the Port 

Miami or a designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Broadcast 

Notice to Mariners and on-scene 

designated representatives. 


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Federal Register / Vol. 77, No. 69 / Tuesday, April 10, 2012 / Rules and Regulations 21451 

1Please refer to EPA’s proposed action on January 

4, 2012 (77 FR 235) for more information 

concerning this SIP revision. 

(d) Effective Date. This rule is 

effective from 6 a.m. on April 25, 2012 

until 1 p.m. on April 30, 2012. This rule 

will be enforced from 6 a.m. until 1 p.m. 

on April 25, 2012 and April 30, 2012. 

Dated: March 20, 2012. 

C.P. Scraba, 

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

Port Miami. 

[FR Doc. 2012–8535 Filed 4–9–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0963, FRL–9640–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Colorado; Procedural Rules; Conflicts 

of Interest 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Section 1.11 

of Colorado’s procedural rules as 

adopted by the Air Quality Control 

Commission (Commission) on January 

16, 1998 and submitted to EPA as a 

State Implementation Plan (SIP) 

revision on November 5, 1999. Section 

1.11.0 provides for specific 

requirements regarding the composition 

of the Commission and disclosure by its 

members of potential conflicts of 

interest. We are also approving the 

remaining portion of Colorado’s January 

7, 2008 submittal to meet the 

Infrastructure requirements of section 

110(a)(2) of the Clean Air Act (CAA) for 

the 1997 8-hour ozone National 

Ambient Air Quality Standards 

(NAAQS), specifically the portion 

intended to address the requirements of 

section 110(a)(2)(E)(ii) of the CAA. The 

proposed approval appeared in the 

Federal Register on January 4, 2012 (77 

FR 235). EPA has determined that the 

approved revisions in Colorado’s 

submittals are consistent with the CAA. 

This action is being taken under section 

110 of the Clean Air Act. 

DATES: Effective Date: This final rule is 

effective May 10, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0963. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

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 either electronically through 

www.regulations.gov or in hard copy at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Mark Komp, Air Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6022, 

komp.mark@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Summary of SIP Revisions 

II. Response to Comments 

III. Consideration of Section 110(l) of the 

CAA 

IV. Final Action 

V. Statutory and Executive Order Reviews 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials SIP mean or refer to 

State Implementation Plan. 

(iv) The words State or Colorado 

mean the State of Colorado, unless the 

context indicates otherwise. 

(v) The word Commission means the 

Colorado Air Quality Control 

Commission. 

I. Summary of SIP Revisions 

Colorado adopted revisions to its 

procedural rules on January 16, 1998 

and submitted part of the revised 

procedural rules to EPA on November 5, 

1999.1 The revision consisted of 

wording changes to Section 1.11 of its 

procedural rules. Colorado’s procedural 

rules govern all procedures and hearings 

before the Commission and certain 

procedures and hearings before the Air 

Pollution Control Division within the 

Colorado Department of Public Health 

and Environment. The revisions to the 

Commission’s procedural rules, which 

were last revised in 1984, were intended 

to bring the Commission current with 

all applicable procedural requirements 

for their official actions. Section 1.11 

addresses the requirements of section 

128 of the CAA. 

Separately, on January 7, 2008, 

Colorado provided a submittal to meet 

the requirements of section 110(a)(2) of 

the CAA for the 1997 8-hour ozone 

NAAQS. Under section 110(a)(1) of the 

CAA, within three years of EPA’s 

promulgation of a new or revised 

standard, states are required to make a 

submittal, known as an ‘‘infrastructure 

SIP,’’ to meet the requirements of 

sections 110(a)(1) and (a)(2). Section 

110(a)(1) provides the procedural and 

timing requirements for SIP submissions 

after a new or revised NAAQS is 

promulgated. Section 110(a)(2) lists 

specific elements the SIP must contain 

or satisfy. These infrastructure elements 

include requirements, such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. EPA 

approved most of the January 7, 2008 

SIP revision on May 18, 2011. However, 

the remaining portion of section 

110(a)(2)(E)(ii) is being approved in this 

action. 

II. Response to Comments 

EPA did not receive comments 

regarding our proposed rule for 

Colorado’s procedural rules. 

III. Consideration of Section 110(l) of 

the CAA 

Section 110(l) of the CAA states that 

a SIP revision cannot be approved if the 

revision would interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress toward attainment of the 

NAAQS or any other applicable 

requirement of the Act. The Colorado 

SIP revisions that are approved in this 

action do not interfere with attainment 

of the NAAQS or any other applicable 

requirement of the Act. The revisions do 

not make substantive changes that relax 

the stringency of the Colorado SIP; 

instead, the submittal of Section 1.11 of 

Colorado’s procedural rule meets the 

requirement of section 128 of the CAA. 

Therefore, the revisions that are 

approved in this action satisfy section 

110(l) requirements. 

IV. Final Action 

We are approving Section 1.11 of 

Colorado’s procedural rule as adopted 

by the Commission on January 16, 1998 


tkelley on DSK3SPTVN1PROD with RULES