37328 Federal Register / Vol. 77, No. 120 / Thursday, June 21, 2012 / Rules and Regulations 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this rule. 

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; 33 

CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. 

L 107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0533 to read as 

follows: 

§ 165.T09–0533 Safety Zone; Grand Hotel 

125th Anniversary Fireworks Celebration, 

Mackinaw Island, Michigan. 

(a) Location. This safety zone will 

encompass all waters of Lake Huron 

approximately 1000 yards west of 

Round Island Passage Light, within the 

arc of a circle with a 500ft radius from 

the fireworks launch site located on a 

barge positioned at 45°50′34.92′′ N, 

085°37′38.16′′ W [DATUM: NAD 83]. 

(b) Effective and enforcement period. 

This rule is effective and will be 

enforced from 10:00 p.m. until 11:30 

p.m. on July 13, 2012. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port, Sector Sault Sainte 

Marie, or his or her on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Sault Sainte Marie, or his or her 

on-scene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port, Sector Sault 

Sainte Marie, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Sault Sainte Marie, to 

act on his or her behalf. The on-scene 

representative of the Captain of the Port, 

Sector Sault Sainte Marie, will be 

aboard either a Coast Guard or Coast 

Guard Auxiliary vessel. 

(4) Vessel operators desiring to enter 

the safety zone or operate within the 

safety zone shall contact the Captain of 

the Port, Sector Sault Sainte Marie, or 

his or her on-scene representative to 

obtain permission to do so. The Captain 

of the Port, Sector Sault Sainte Marie, or 

his or her on-scene representative may 

be contacted via VHF Channel 16. 

Vessel operators given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the Captain of the Port, Sector 

Sault Sainte Marie, or his or her onscene representative. 

Dated: June 11, 2012. 

S.B. Lowe, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Sault Sainte Marie. 

[FR Doc. 2012–15115 Filed 6–20–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2012–0214; FRL–9689–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Central Indiana (Indianapolis) Ozone 

Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Indiana’s 

request to revise its Central Indiana 

1997 8-hour ozone maintenance air 

quality State Implementation Plan (SIP) 

by replacing the previously approved 

motor vehicle emissions budgets 

(budgets) with budgets developed using 

EPA’s Motor Vehicle Emissions 

Simulator (MOVES) emissions model. 

The Central Indiana 1997 8-hour ozone 

maintenance area consists of Marion, 

Boone, Hendricks, Morgan, Johnson, 

Shelby, Hancock, Madison, and 

Hamilton Counties in Indiana. 

DATES: This final rule is effective on July 

23, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2012–0214. 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, 

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 at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Patricia 

Morris, Environmental Scientist at (312) 

353–8656 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Morris, Environmental 

Scientist, Control Strategies Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8656, 

morris.patricia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. What is the background for this action? 

II. What public comments were received? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On March 2, 2012, Indiana submitted 

for parallel processing replacement 

budgets based on MOVES2010a for the 

Central Indiana area. On April 5, 2012, 

EPA proposed approval in the Federal 

Register of the Indiana SIP submittal (77 

FR 20577). The primary background for 

today’s action is contained in EPA’s 

April 5, 2012, proposal. The SIP 

revision replaces MOBILE6.2 based 

approved budgets in the 1997 8-hour 

ozone maintenance plan for Central 

Indiana with MOVES2010a based 

budgets. 

Indiana submitted the final SIP 

revision request on April 16, 2012. The 

April 16, 2012, submittal letter with the 

state public comment documentation 

completed the requirements for the SIP 

submittal. 

The MOVES model is EPA’s state-ofthe-art tool for estimating highway 

emissions. The model is based on 

analyses of millions of emission test 

results and considerable advances in 

EPA understanding of vehicle 

emissions. MOVES incorporates the 

latest emissions data, more 

sophisticated calculation algorithms, 

increased user flexibility, new software 

design, and significant new capabilities 

relative to those reflected in 

MOBILE6.2. 

States that revise their existing SIPs to 

include MOVES budgets must show that 

the SIP continues to meet applicable 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 120 / Thursday, June 21, 2012 / Rules and Regulations 37329 

requirements with the new level of 

motor vehicle emissions contained in 

the budgets. The transportation 

conformity rule (40 CFR 

93.118(e)(4)(iv)) requires that ‘‘the motor 

vehicle emissions budgets(s), when 

considered together with all other 

emissions sources, is consistent with 

applicable requirements for reasonable 

further progress, attainment, or 

maintenance (whichever is relevant to 

the given implementation plan 

submission).’’ 

EPA has determined, based on its 

evaluation, that the area’s maintenance 

plan continues to serve its intended 

purpose with the MOVES2010a-based 

budgets and that the budgets themselves 

meet the adequacy criteria in the 

conformity rule at 40 CFR 93.118(e)(4). 

The basis for this conclusion is 

contained in the proposed approval (77 

FR 20577) and is also based on the final 

submittal and completion of the public 

comment period. The final submittal 

letter and public comment 

documentation completed the items 

needed for adequacy. 

The Central Indiana area has three 

Metropolitan Planning Organizations 

(MPOs) in the maintenance area 

(Indianapolis, Anderson and a portion 

of the Columbus, Indiana MPO). These 

three MPOs are required by the 

conformity rule to conduct conformity 

determinations together because they 

are all part of the same maintenance 

area with one set of ozone budgets for 

that area (there are not separate budgets 

for each MPO). The budgets are being 

updated, not only to accommodate the 

use of MOVES2010a, but also because of 

the updated planning assumptions for 

mobile sources. The April 16, 2012, 

submittal letter with the public 

comment documentation completed the 

requirements for the SIP submittal. 

Once EPA approves the submitted 

budgets, they must be used by local, 

state and Federal agencies in 

determining whether transportation 

activities conform to the SIP as required 

by section 176(c) of the Clean Air Act 

(CAA). 

II. What public comments were 

received? 

The State public comment period was 

from March 1, 2012, until March 30, 

2012. A public hearing was offered but 

was not requested. No public comments 

were received by Indiana during the 

comment period. 

The Federal Register proposing 

approval was published on April 5, 

2012, and the public comment period 

closed on May 7, 2012. 

No comments were received during 

the public comment period. 

III. What action is EPA taking? 

EPA is approving new MOVES2010abased budgets for the Central Indiana 

1997 ozone maintenance area because 

the submitted budgets will continue to 

keep emissions below the attainment 

level and maintain air quality. On the 

effective date of this rulemaking, the 

submitted MOVES2010a budgets will 

replace the existing, MOBILE6.2-based 

budgets in the state’s 1997 8-hour ozone 

maintenance plan and will be used in 

future transportation conformity 

analyses for the area. The previously 

approved MOBILE6.2 budgets will no 

longer be applicable for transportation 

conformity purposes. 

MOTOR VEHICLE EMISSION BUDGETS

FOR 8-HOUR OZONE FOR CENTRAL

INDIANA

Year 2006 2020 

NOX tons/day .................... 210.93 69.00 

VOC tons/day ................... 64.32 25.47 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 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 

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 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 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by August 20, 2012. 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 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, 


TKELLEY on DSK3SPTVN1PROD with RULES
37330 Federal Register / Vol. 77, No. 120 / Thursday, June 21, 2012 / Rules and Regulations 

Nitrogen dioxides, Ozone, Volatile 

organic compounds. 

Dated: June 11, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

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 P—Indiana 

■ 2. Section 52.777(jj) is amended by 

redesignating the existing paragraph as 

paragraph (jj)(1) and by adding new 

paragraph (jj)(2) to read as follows: 

§ 52.777 Control Strategy: photochemical 

oxidants (hydrocarbons). 

* * * * * 

(jj) * * * 

(2) Approval—On April 16, 2012, 

Indiana submitted a request to revise the 

approved MOBILE6.2 motor vehicle 

emission budgets (budgets) in the 1997 

8-hour ozone maintenance plan for the 

Central Indiana area. The budgets are 

being revised with budgets developed 

with the MOVES2010a model. The 2006 

budgets for Central Indiana are 64.32 

tons per day volatile organic 

compounds (VOCs) and 210.93 tons per 

day nitrogen oxides (NOX) and 2020 

budgets are 25.47 tons per day VOCs 

and 69.00 tons per day of NOX. 

* * * * * 

[FR Doc. 2012–14949 Filed 6–20–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120417412–2412–01] 

RIN 0648–XCO76 

Reef Fish Fishery of the Gulf of 

Mexico; 2012 Commercial 

Accountability Measure and Closure 

for Gulf of Mexico Gray Triggerfish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for the 

commercial sector of gray triggerfish in 

the Gulf of Mexico (Gulf) for the 2012 

fishing year through this final temporary 

rule. Based on the projected commercial 

landings estimates, NMFS determined 

that the commercial annual catch target 

(ACT) for Gulf gray triggerfish will be 

met by July 1, 2012. Therefore, NMFS 

closes the commercial sector for gray 

triggerfish on July 1, 2012, through the 

remainder of the fishing year in the Gulf 

exclusive economic zone (EEZ). This 

action is necessary to reduce overfishing 

of the Gulf gray triggerfish resource. 

DATES: This rule is effective 12:01 a.m., 

local time on July 1, 2012, until 12:01 

a.m., local time on January 1, 2013. 

ADDRESSES: Electronic copies of 

documents supporting the final 

temporary rule implementing gray 

triggerfish management measures 

(77 FR 28308, May 14, 2012), which 

include a draft environmental impact 

statement and a regulatory flexibility 

analysis, may be obtained from the 

Southeast Regional Office Web site at 

http://sero.nmfs.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hood, telephone: 727–824–5305 or 

email: Peter.Hood@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Gulf is managed 

under the Fishery Management Plan for 

the Reef Fish Resources of the Gulf of 

Mexico (FMP). The FMP was prepared 

by the Gulf of Mexico Fishery 

Management Council (Council) and is 

implemented through regulations at 50 

CFR part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and 

achieve, on a continuing basis, the 

optimum yield from federally managed 

fish stocks. These mandates are 

intended to ensure that fishery 

resources are managed for the greatest 

overall benefit to the nation, particularly 

with respect to providing food 

production and recreational 

opportunities, and protecting marine 

ecosystems. To further this goal, the 

Magnuson-Stevens Act requires fishery 

managers to end overfishing of stocks 

and to minimize bycatch and bycatch 

mortality to the extent practicable. To 

accomplish this, the Magnuson-Stevens 

Act implemented new requirements that 

annual catch limits (ACLs) and AMs be 

established to end overfishing and 

prevent overfishing from occurring. 

AMs are management controls to 

prevent ACLs from being exceeded, and 

to correct or mitigate overages of the 

ACL if they occur. One of the AMs 

established for gray triggerfish is an 

ACT (quota) that is less than the ACL. 

The ACT is intended to address 

management associated with monitoring 

landings of the reduced quota. The ACT 

is intended to better ensure the ACL is 

not exceeded. 

In 2011, a Southeast Data, 

Assessment, and Review (SEDAR) 

update stock assessment for gray 

triggerfish determined that the gray 

triggerfish stock was still overfished and 

was additionally undergoing 

overfishing. At the request of the 

Council, on May 14, 2012, NMFS 

published a final temporary rule to 

reduce overfishing of gray triggerfish on 

an interim basis (77 FR 28308) while the 

Council developed more permanent 

measures to end overfishing and rebuild 

the gray triggerfish stock in Amendment 

37 to the FMP. The final temporary rule 

set the commercial ACT (commercial 

quota) at 60,900 lb (27,624 kg), round 

weight. 

The regulations at 50 CFR 

622.49(a)(17)(i), contain both in-season 

and post-season AMs. The in-season 

AM closes the commercial sector after 

the commercial ACT (commercial quota) 

is reached or projected to be reached. 

Based on the most recent information 

available through the quota monitoring 

system of the Southeast Fisheries 

Science Center, the 2012 commercial 

ACT for Gulf gray triggerfish will be met 

by July 1, 2012. Therefore, NMFS 

implements the in-season AM and 

closes the commercial sector for Gulf 

gray triggerfish at 12:01 a.m., local time, 

July 1, 2012. The commercial sector will 

remain closed through December 31, 

2012. This closure is intended to reduce 

overfishing of Gulf gray triggerfish and 

increase the likelihood that the 2012 

ACL will not be exceeded. 

On June 4, 2012, NMFS published a 

notice in the Federal Register to close 

the recreational sector for Gulf gray 

triggerfish on June 11, 2012, and it will 

remain closed through December 31, 

2012 (77 FR 32913). Therefore, 

beginning 12:01 a.m., local time on July 

1, 2012, until 12:01 a.m., local time on 

January 1, 2013, all harvest, possession, 

sale, or purchase of gray triggerfish in or 

from the Gulf EEZ is prohibited. The 

prohibition on sale or purchase does not 

apply to sale or purchase of gray 

triggerfish that were harvested, landed 

ashore, and sold prior to 12:01 a.m., 

local time, July 1, 2012, and were held 

in cold storage by a dealer or processor. 

The commercial sector for gray 

triggerfish will reopen on January 1, 

2013, the beginning of the 2013 

commercial fishing season. The 2013 

commercial quota for gray triggerfish 

will be the quota specified at 50 CFR 

622.42(a)(1)(vii) unless a reduced quota 


TKELLEY on DSK3SPTVN1PROD with RULES