Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4071 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0228] 

RIN 1625–AA00 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the Chicago Sanitary and Ship 

Canal from Mile Marker 296.1 to Mile 

Marker 296.7 at various times on 

February 12 through February 15, 2013. 

This action is necessary to protect the 

waterways, waterway users, and vessels 

from hazards associated with the U.S. 

Army Corps of Engineers 

Electromagnetic Fields evaluation 

operations. 

During any of the below listed 

enforcement periods, entry into, 

transiting, mooring, laying-up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced from 7:00 a.m. 

to 11:00 a.m. and from 1:00 p.m. to 5:00 

p.m. on February 12 through February 

15, 2013. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email MST1 Joseph McCollum, 

Prevention Department, Coast Guard 

Sector Lake Michigan, telephone 414– 

747–7148, email address 

joseph.p.mccollum@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone between Mile Marker 296.1 to Mile 

Marker 296.7 on all waters of the 

Chicago Sanitary and Ship Canal. 

Enforcement will occur from 7:00 a.m. 

until 11:00 a.m. and 1:00 p.m. until 5:00 

p.m. on February 12 through February 

15, 2013. 

This enforcement action is necessary 

because the Captain of the Port, Sector 

Lake Michigan has determined that the 

U.S. Army Corps of Engineers 

Electromagnetic Fields evaluation 

operations pose risks to life and 

property. Because of these risks, it is 

necessary to control vessel movement 

during the evaluation operations to 

prevent injury and property loss. 

In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, mooring, laying up or 

anchoring within the enforced area of 

this safety zone by any person or vessel 

is prohibited unless authorized by the 

Captain of the Port, Sector Lake 

Michigan, or his or her designated 

representative. 

This notice is issued under authority 

of 33 CFR 165.930 and 5 U.S.C. 552(a). 

In addition to this notice in the Federal 

Register, the Captain of the Port, Sector 

Lake Michigan, will also provide notice 

through other means, which may 

include, but are not limited to, 

Broadcast Notice to Mariners, Local 

Notice to Mariners, local news media, 

distribution in leaflet form, and onscene oral notice. 

Additionally, the Captain of the Port, 

Sector Lake Michigan, may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. 

Dated: January 8, 2013. 

M. W. Sibley, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2013–00970 Filed 1–17–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2011–0636; FRL–9636–6] 

Approval and Promulgation of State 

Implementation Plans; State of Utah; 

Smoke Management Requirements for 

Mandatory Class I Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Utah on 

September 29, 2011. The September 29, 

2011 revision establishes rule R307–204 

of the Utah Administrative Code (UAC). 

R307–204 contains smoke management 

requirements for land managers within 

the State of Utah as required by the 

regulations for regional haze (RH). The 

September 29, 2011 submittal 

supersedes and replaces R307–204 

submitted as part of the State’s 

December 12, 2003 RH SIP. The 

September 29, 2011 submittal also 

supersedes and replaces the State’s May 

8, 2006 submittal of R307–204. 

EPA is also partially approving a SIP 

revision submitted by the State of Utah 

on May 26, 2011. Specifically, EPA is 

proposing to approve section XX.G of 

the State’s RH SIP, which contains the 

State’s long-term strategy for fire 

programs as required by the RH 

regulations. The May 26, 2011 submittal 

supersedes and replaces SIP revisions to 

section XX.G of the RH SIP submitted 

by the State on December 12, 2003 and 

September 9, 2008. This action is being 

taken under section 110 of the Clean Air 

Act (CAA). 

DATES: Effective Date: This final rule is 

effective February 19, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2011–0636. 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, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Laurel Dygowski, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6144, 

dygowski.laurel@epa.gov. 

SUPPLEMENTARY INFORMATION: 


emcdonald on DSK67QTVN1PROD with 
4072 Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 

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 Utah and State mean 

the State of Utah. 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background Information 

Under 40 CFR 51.309 of the RH 

program, there are numerous 

requirements aimed at protecting the 16 

Class I areas of the Colorado Plateau. 

This action only addresses the 

requirements pertaining to programs 

related to fire of 40 CFR 51.309(d)(6). 

Pursuant to 40 CFR 51.309(d)(6), a state 

must show that its smoke management 

program and all federal or private 

programs for prescribed fire in the state 

have a mechanism in place for 

evaluating and addressing the degree of 

visibility impairment from smoke in 

their planning and application of 

burning. A state must also ensure that 

its prescribed fire smoke management 

programs have at least the following 

seven elements: Actions to minimize 

emissions, evaluation of smoke 

dispersion, alternatives to fire, public 

notification, air quality monitoring, 

surveillance and enforcement, and 

program evaluation. 

States must include in their section 

309 plan a statewide process for 

gathering the essential post-burn 

activity information to support 

emissions inventory and tracking 

systems. States must identify existing 

administrative barriers to the use of 

non-burning alternatives and adopt a 

process for continuing to identify and 

remove administrative barriers where 

feasible. The SIP must include an 

enhanced smoke management program, 

which means the smoke management 

program considers visibility and is 

based on the criteria of efficiency, 

economics, law, emission reduction 

opportunities, land management 

objectives, and reduction of visibility 

impairment. States must also adopt a 

process to establish annual emission 

goals to minimize emission increases 

from fire. 

On December 12, 2003, the State of 

Utah submitted a RH SIP intended to 

meet all of the requirements under 40 

CFR 51.309. This submittal adopted SIP 

section XX—Regional Haze as well as 

UAC R307–204 Emissions Standards: 

Smoke Management. The State revised 

the smoke management requirements of 

R307–204 in a May 8, 2006 submittal 

and then again in its September 29, 

2011 submittal. The September 29, 2011 

submittal supersedes and replaces the 

R307–204 portion of the December 12, 

2003 submittal and all of the May 8, 

2006 submittal. R307–204 contains 

provisions necessary to meet the 

requirements of 40 CFR 51.309(d)(6) 

which pertain to smoke management. 

Section XX.G—Long-Term Strategy 

for Fire Programs of the State’s RH SIP 

also contains provisions necessary to 

meet the requirements of 40 CFR 

51.309(d)(6). The State originally 

submitted Section XX.G with its 

December 12, 2003 RH SIP submittal. 

The State resubmitted this section with 

subsequent SIP revisions on September 

9, 2008 and May 26, 2011. Section XX.G 

of the May 26, 2011 submittal 

supersedes and replaces section XX.G of 

the December 12, 2003 and September 

9, 2008 submittals. EPA will be taking 

action on the remainder of the 

December 12, 2003, September 9, 2008, 

and May 26, 2011 submittals at a later 

date. 

On November 8, 2011, EPA published 

a notice of proposed rulemaking (NPR) 

for the State of Utah (76 FR 69217). The 

NPR proposed approval of the smoke 

management requirements adopted by 

the State as part of the September 29, 

2011 (R307–204) and May 26, 2011 

(section XX.G) SIP submittals. 

II. Final Action 

EPA is approving a SIP revision 

submitted by the State of Utah on 

September 29, 2011. The September 29, 

2011 revision establishes UAC R307– 

204. R307–204 contains smoke 

management requirements for land 

managers within the State of Utah as 

required by 40 CFR 51.309(d)(6) for 

regional haze. The September 29, 2011 

submittal supersedes and replaces 

R307–204 submitted as part of the 

State’s December 12, 2003 regional haze 

SIP. The September 29, 2011 submittal 

also supersedes and replaces the State’s 

May 8, 2006 submittal of R307–204. 

EPA is also partially approving a SIP 

revision submitted by the State of Utah 

on May 26, 2011. Specifically, EPA is 

approving section XX.G of the State’s 

RH SIP which contains the State’s longterm strategy for fire programs as 

required by 40 CFR 51.309(d)(6). The 

May 26, 2011 submittal supersedes and 

replaces SIP revisions to section XX.G of 

the RH SIP submitted by the State on 

December 12, 2003 and September 9, 

2008. 

III. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it approves a state rule 

implementing a Federal standard. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 


emcdonald on DSK67QTVN1PROD with 
Federal Register / Vol. 78, No. 13 / Friday, January 18, 2013 / Rules and Regulations 4073 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 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 rule 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). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 19, 2013. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: February 8, 2012. 

James B. Martin, 

Regional Administrator, Region 8. 

40 CFR part 52 is amended to read 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 TT—Utah 

■ 2. Section 52.2320 is amended by 

adding paragraph (c)(72) to read as 

follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(72) On May 26, 2011 and September 

29, 2011, the State of Utah submitted 

revisions to its State Implementation 

Plan to incorporate the smoke 

management requirements of the 

regional haze program. 

(i) Incorporation by reference. 

(A) Title R307 of the Utah 

Administrative Code—Environmental 

Quality, Air Quality, Rule R307–204— 

Emission Standards: Smoke 

Management, sections -1, Purpose and 

Goals, and -2, Applicability. Effective 

December 31, 2003; as published in the 

Utah State Bulletin October 1, 2003 and 

January 15, 2004. 

(B) Title R307 of the Utah 

Administrative Code—Environmental 

Quality, Air Quality, Rule R307–204— 

Emission Standards: Smoke 

Management, section -4, General 

Requirements. Effective April 7, 2006; 

as published in the Utah State Bulletin 

March 1, 2006 and May 1, 2006. 

(C) Title R307 of the Utah 

Administrative Code, Rule R307–204— 

Environmental Quality, Air Quality, 

Rule R307–204—Emission Standards: 

Smoke Management, sections -3, 

Definitions, -5, Burn Schedule, -6, Small 

Prescribed Fires (de minimis), -7, Small 

Prescribed Pile Fires (de minimis), -8, 

Large Prescribed Fires, -9, Large 

Prescribed Pile Fires, and -10, 

Requirements for Wildland Fire Use 

Events. Effective July 7, 2011; as 

published in the Utah State Bulletin 

May 1, 2011 and August 1, 2011. 

(ii) Additional materials. 

(A) Section XX.G of the Utah Regional 

Haze State Implementation Pan. 

Effective April 7, 2011. Published in the 

Utah State Bulletin February 1, 2011. 

[FR Doc. 2013–00362 Filed 1–17–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 168 

[EPA–HQ–OPP–2009–0607; FRL–9360–8] 

RIN 2070–AJ53 

Labeling of Pesticide Products and 

Devices for Export; Clarification of 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is revising the 

regulations on the labeling of pesticide 

products and devices intended solely 

for export. Specifically, EPA is 

restructuring the current regulations to 

clarify which provisions apply under 

various circumstances. EPA is also 

increasing specificity in the regulations 

by requiring that people who transfer 

unregistered pesticide products between 

registered establishments operated by 

the same producer within the United 

States must also comply with the 

requirements of this part if those 

products are intended solely for export 

at the time of such transfer. EPA 

believes that this requirement is 

necessary to ensure appropriate 

handling of such products as they move 

in commerce before they actually leave 

the United States. 

DATES: This final rule is effective March 

19, 2013. The compliance date for the 

requirement to label unregistered 

pesticide products intended solely for 

export that are being shipped between 

registered establishments operated by 

the same producer is January 21, 2014. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0607, is 

available either at http:// 

www.regulations.gov, or at the OPP 

Docket in the Environmental Protection 

Agency Docket Center (EPA/DC), 

located in EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. The Public Reading Room is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Vera 

Au, Field and External Affairs Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 


emcdonald on DSK67QTVN1PROD with