Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 24433 

45Regulations Implementing the National 

Environmental Policy Act, Order No. 486, 52 FR 

47897 (Dec. 17, 1987), FERC Stats. & Regs. 

Regulations Preambles 1986–1990 ¶ 30,783 (1987). 

46 18 CFR 380.4. 

47See 18 CFR 380.4(a)(2)(ii), 380.4(a)(5), and 

380.4(a)(27). 

48 5 U.S.C. 601–612. 

49 13 CFR 121.101. 

50 13 CFR 121.201, Sector 22 Utilities n.1. 

51 5 U.S.C. 605(b). 

V. Environmental Analysis 

32. The Commission is required to 

prepare an Environmental Assessment 

or an Environmental Impact Statement 

for any action that may have a 

significant adverse effect on the human 

environment.45 The Commission has 

categorically excluded certain actions 

from these requirements as not having a 

significant effect on the human 

environment.46 The actions proposed to 

be taken here fall within categorical 

exclusions in the Commission’s 

regulations for rules that are corrective, 

clarifying, or procedural, for 

information gathering, analysis, and 

dissemination, and for sales, exchange, 

and transportation of electric power that 

requires no construction of facilities.47

Therefore an environmental review is 

unnecessary and has not been prepared 

in this rulemaking. 

VI. Regulatory Flexibility Act 

Certification 

33. The Regulatory Flexibility Act of 

1980 (RFA) 48 generally requires an 

administrative agency to perform an 

analysis of rulemakings that will have a 

significant economic impact on a 

substantial number of small entities. 

The RFA mandates consideration of 

regulatory alternatives that accomplish 

the stated objectives of a proposed 

rulemaking while minimizing any 

significant economic impact on a 

substantial number of small entities. 

The Small Business Administration 

(SBA) develops the numerical definition 

of a small business.49 The SBA has 

established a size standard for electric 

utilities, stating that a firm is small if, 

including its affiliates, it is primarily 

engaged in the transmission, generation, 

and/or distribution of electric energy for 

sale and its total electric output for the 

preceding fiscal year did not exceed 

four million megawatt hours.50

34. The regulations proposed here 

impose requirements only on RTOs and 

ISOs, which are not small businesses. 

Moreover, these requirements are 

designed to benefit all customers, 

including small businesses. 

Accordingly, the Commission hereby 

certifies, pursuant to section 605(b) of 

the RFA,51 that the regulations proposed 

herein will not have a significant 

economic impact on a substantial 

number of small entities. 

VII. Comment Procedures 

35. The Commission invites interested 

persons to submit comments on the 

matters and issues proposed in this 

notice to be adopted, including any 

related matters or alternative proposals 

that commenters may wish to discuss. 

Comments are due June 25, 2012. 

Comments must refer to Docket No. 

RM05–5–020, and must include the 

commenter’s name, the organization 

they represent, if applicable, and their 

address in their comments. 

36. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

Web site at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software should be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

37. Commenters that are not able to 

file comments electronically must send 

an original of their comments to: 

Federal Energy Regulatory Commission, 

Secretary of the Commission, 888 First 

Street NE., Washington, DC 20426. 

38. All comments will be placed in 

the Commission’s public files and may 

be viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

VIII. Document Availability 

39. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the Internet through the 

Commission’s Home Page (http:// 

www.ferc.gov) and in the Commission’s 

Public Reference Room during normal 

business hours (8:30 a.m. to 5 p.m. 

Eastern time) at 888 First Street NE., 

Room 2A, Washington DC 20426. 

40. From the Commission’s Home 

Page on the Internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

41. User assistance is available for 

eLibrary and the Commission’s Web site 

during normal business hours from the 

Commission’s Online Support at 202– 

502–6652 (toll free at 1–866–208–3676) 

or email at ferconlinesupport@ferc.gov, 

or the Public Reference Room at (202) 

502–8371, TTY (202) 502–8659. Email 

the Public Reference Room at 

public.referenceroom@ferc.gov. 

List of Subjects in 18 CFR Part 38 

Conflicts of interests, Electric power 

plants, Electric utilities, Incorporation 

by reference, Reporting and 

recordkeeping requirements. 

By direction of the Commission. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

In consideration of the foregoing, the 

Commission proposes to amend Part 38, 

Chapter I, Title 18, Code of Federal 

Regulations, as follows. 

PART 38—BUSINESS PRACTICE 

STANDARDS AND COMMUNICATION 

PROTOCOLS FOR PUBLIC UTILITIES 

1. The authority citation for part 38 

continues to read as follows: 

Authority: 16 U.S.C. 791–825r, 2601–2645; 

31 U.S.C. 9701; 42 U.S.C. 7101–7352. 

2. Section 38.2 is amended by revising 

paragraph (a)(12) and adding paragraph 

(a)(13) to read as follows: 

§ 38.2 Incorporation by reference of 

North American Energy Standards 

Board Wholesale Electric Quadrant 

standards. 

(a) * * * 

(12) Business Practices for 

Measurement and Verification of 

Wholesale Electricity Demand Response 

(WEQ–015, 2010 Annual Plan Items 4(a) 

and 4(b), March 21, 2011). 

(13) Business Practice Standards for 

Measurement and Verification of Energy 

Efficiency Products (WEQ–021, 2010 

Annual Plan Item 4(d), May 13, 2011). 

* * * * * 

[FR Doc. 2012–9809 Filed 4–23–12; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2012–0201] 

RIN 1625–AA08 

Special Local Regulations; ODBA 

Draggin on the Waccamaw, Atlantic 

Intracoastal Waterway, Bucksport, SC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

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24434 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 

SUMMARY: The Coast Guard proposes to 

establish special local regulations on the 

Atlantic Intracoastal Waterway in 

Bucksport, South Carolina during the 

ODBA Draggin on the Waccamaw, a 

series of high-speed boat races. The 

event is scheduled to take place on 

Saturday, June 23, 2012, and Sunday, 

June 24, 2012. Approximately 40 highspeed race boats are anticipated to 

participate in the races. These special 

local regulations are necessary to 

provide for the safety of life and 

property on navigable waters of the 

United States during the event. These 

special local regulations would 

temporarily restrict vessel traffic in a 

portion of the Atlantic Intracoastal 

Waterway. Persons and vessels that are 

not participating in the races would be 

prohibited from entering, transiting 

through, anchoring in, or remaining 

within the restricted area unless 

authorized by the Captain of the Port 

Charleston or a designated 

representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before May 15, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before April 30, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0201 using any one of the 

following methods: 

(1) Federal eRulemaking 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Ensign John 

Santorum, Sector Charleston Office of 

Waterways Management, Coast Guard; 

telephone (843) 740–3184, email 

John.R.Santorum@uscg.mil. If you have 

questions on viewing or submitting 

material to 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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking [USCG–2012–0201], 

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, type the 

docket number [USCG–2012–0201] in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 

If you submit your 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 envelope. We will consider 

all comments and material received 

during the comment period and may 

change the 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– 

0201’’ 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, but you may submit a request 

for one on or before April 30, 2012 using 

one of the four methods specified under 

ADDRESSES. Please explain why you 

believe 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. 

Basis and Purpose 

The legal basis for the proposed rule 

is the Coast Guard’s authority to 

establish special local regulations: 33 

U.S.C. 1233. The purpose of the 

proposed rule is to insure safety of life 

and property on the navigable waters of 

the United States during the ODBA 

Draggin on the Waccamaw boat races. 

Discussion of Proposed Rule 

On Saturday, June 23, 2012, and 

Sunday, June 24, 2012 the Outboard 

Drag Boat Association (ODBA) will host 

Draggin on the Waccamaw, a series of 

high-speed boat races. The event will be 

held on a portion of the Atlantic 

Intracoastal Waterway in Bucksport, 

South Carolina. Approximately 40 highspeed race boats are anticipated to 

participate in the races. 

The proposed rule would establish 

special local regulations that encompass 

certain waters of the Intracoastal 

Waterway in Bucksport, South Carolina. 

The special local regulations would be 

enforced daily from 11:30 a.m. until 

7:30 p.m. on June 23, 2012 through June 

24, 2012. The special local regulations 

would consist of a regulated area around 

vessels participating in the event. The 

regulated area would be as follows: All 

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Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 24435 

waters of the Atlantic Intracoastal 

Waterway encompassed within an 

Imaginary line connecting the following 

points; starting at point 1 in position 

33°39′11.46′′ N 079°05′36.78′′ W; thence 

west to point 2 in position 33°39′12.18′′ 

N 079°05′47.76′′ W; thence south to 

point 3 in position 33°38′39.48′′ N 

079°05′37.44′′ W; thence east to point 4 

in position 33°38′42.3′′ N 079°05′30.6′′ 

W; thence north back to origin. All 

coordinates are North American Datum 

1983. Persons and vessels would be 

prohibited from entering, transiting 

through, anchoring, or remaining within 

the regulated area unless specifically 

authorized by the Captain of the Port 

Charleston or a designated 

representative. Persons and vessels 

would be able to request authorization 

to enter, transit through, anchor in, or 

remain within the regulated area by 

contacting the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16. If 

authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Charleston or a designated 

representative, all persons and vessels 

receiving such authorization would be 

required to comply with the instructions 

of the Captain of the Port Charleston or 

a designated representative. The Coast 

Guard would provide notice of the 

regulated areas by Local Notice to 

Mariners, Broadcast Notice to Mariners, 

and on-scene designated 

representatives. 

Regulatory Analyses 

We developed this proposed 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 

proposed 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 

proposed rule under Executive Order 

12866. 

The economic impact of this proposed 

rule is not significant for the following 

reasons: (1) The special local regulations 

would be enforced for only sixteen 

hours over a two-day period; (2) 

although persons and vessel would not 

be able to enter, transit through, anchor 

in, or remain within the regulated area 

without authorization from the Captain 

of the Port Charleston or a designated 

representative, they would be able to 

operate in the surrounding area during 

the enforcement periods; (3) persons 

and vessels would still be able to enter, 

transit through, anchor in, or remain 

within the regulated area if authorized 

by the Captain of the Port Charleston or 

a designated representative; and (4) the 

Coast Guard would provide advance 

notification of the regulated area 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 proposed 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 proposed rule 

would 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, 

transit through, anchor in, or remain 

within that portion of the Atlantic 

Intracoastal Waterway encompassed 

within the regulated area from 11:30 

a.m. until 7:30 p.m. on June 23, 2012 

and June 24, 2012. For the reasons 

discussed in the Regulatory Planning 

and Review section above, this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this proposed rule would economically 

affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

Ensign John Santorum, Sector 

Charleston Office of Waterways 

Management, Coast Guard; telephone 

(843) 740–3184, email 

John.R.Santorum@uscg.mil. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

Collection of Information 

This proposed rule would call 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 the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this proposed rule under that 

Order and determined that this rule 

does not have implications for 

federalism. 

Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the ‘‘For Further 

Information Contact’’ section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

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 proposed rule would not 

result in such an expenditure, we do 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

24436 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Proposed Rules 

discuss the effects of this proposed rule 

elsewhere in this preamble. 

Taking of Private Property 

This proposed rule would 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 proposed 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 proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rule and would 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This proposed 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 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. 

Technical Standards 

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 which do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves establishing special local 

regulations issued in conjunction with a 

marine regatta, as described in figure 2– 

1, paragraph (34)(h), of the Instruction. 

Under figure 2–1, paragraph (34)(h) of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this proposed rule. 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

2. Add a temporary § 100.35T07–0201 

to read as follows: 

§ 100.35T07–0201 Special Local 

Regulations; ODBA Draggin on the 

Waccamaw, Atlantic Intracoastal Waterway, 

Bucksport, SC. 

(a) Regulated Area. The following 

regulated area isestablished as a special 

local regulation: All waters of the 

Atlantic Intracoastal Waterway 

encompassed within an Imaginary line 

connecting the following points; starting 

at point 1 in position 33°39′11.46′′ N 

079°05′36.78′′ W; thence west to point 2 

in position 33°39′12.18′′ N 

079°05′47.76′′ W; thence south to point 

3 in position 33°38′39.48′′ N 

079°05′37.44′′ W; thence east to point 4 

in position 33°38′42.3′′ N 079°05′30.6′′ 

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 Charleston in the 

enforcement of the regulated area. 

(c) Regulations. 

(1) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, 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 Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(2) 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) Enforcement Periods. This rule 

will be enforced from 11:30 a.m. until 

7:30 p.m. daily on June 23, 2012 and 

June 24, 2012. 

Dated: April 2, 2012. 

M.F. White, 

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

Port Charleston. 

[FR Doc. 2012–9647 Filed 4–23–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2011–0347; FRL–9662–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Wisconsin; Milwaukee-Racine 

Nonattainment Area; Determination of 

Attainment for the 2006 24-Hour Fine 

Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine that the Milwaukee-Racine, 

Wisconsin area has attained the 2006 

24-hour fine particle (PM2.5) National 

Ambient Air Quality Standard 

(NAAQS). This proposed determination 

is based upon quality assured, quality 

controlled, and certified ambient air 

monitoring data, from the 2008–2010 

monitoring period, supplemented by 

statistical analysis of these data, 

showing that the area has monitored 

attainment of the 2006 24-hour PM2.5

NAAQS. Data available to date for 2011 

are consistent with continued 

attainment. On March 7, 2011, the 

Wisconsin Department of Natural 

Resources (WDNR) requested that EPA 

approve its request for a determination 

that the Milwaukee-Racine area has 

attained the standard. If EPA finalizes 

this proposed determination, the 

requirement for the State of Wisconsin 

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