7672 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations 

§ 165.T07–0828 Safety Zone; Indian Street 

Bridge Construction, St. Lucie Canal, Palm 

City, FL. 

(a) Regulated Area. The following 

regulated area is a safety zone. All 

waters of the St. Lucie Canal, Palm City, 

FL surrounding the Indian Street Bridge 

bounded by the following positions: 

starting at point 1 in position 27°09′36′′ 

N, 80°15′06′′ W; thence southeast across 

the canal to position 2 in position 

27°09′35′′ N, 80°15′04′′ W; thence 

southwest along the shoreline to 

position 3 in position 27°09′29′′ N, 

80°15′07′′ W; thence northwest across 

the canal to position 4 in position 

27°09′30′′ N, 80°15′09′′ W; then 

northeast along the shoreline back to 

point of origin. 

(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. This rule is 

effective from 10 a.m. February 11, 2013 

through 4 p.m. March 11, 2013. 

Dated: January 15, 2013. 

J.B. Pruett, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Miami. 

[FR Doc. 2013–02308 Filed 2–1–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0435; FRL–9775–2] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Beaumont/Port Arthur Ozone 

Maintenance Plan Revision to 

Approved Motor Vehicle Emissions 

Budgets 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a revision to 

the Beaumont/Port Arthur (BPA) 1997 

8-hour ozone maintenance air quality 

State Implementation Plan (SIP) which 

replaces the previously approved motor 

vehicle emissions budgets (budgets) 

with budgets developed using EPA’s 

Motor Vehicle Emissions Simulator 

(MOVES) 2010a emissions model. The 

BPA 1997 8-hour ozone maintenance 

area consists of Hardin, Jefferson, and 

Orange Counties in Texas. 

DATES: This final rule is effective on 

March 6, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2012–0435. All documents in the docket 

are listed at www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 Freedom of 

Information Act (FOIA) Review Room 

between the hours of 8:30 a.m. and 4:30 

p.m. weekdays except for legal holidays. 

Contact the person listed in the FOR

FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253 to make an appointment. 

If possible, please make the 

appointment at least two working days 

in advance of your visit. There will be 

a 15 cent per page fee for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas. 

The State submittal is also available 

for public inspection during official 

business hours, by appointment, at the 

Texas Commission on Environmental 

Quality, Office of Air Quality, 12124 

Park 35 Circle, Austin, Texas 78753. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeffrey Riley, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone 214–665–8542; fax number 

214–665–6762; email address 

riley.jeffrey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Table of Contents 

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? 

The background for today’s action is 

discussed in detail in our September 19, 

2012 proposal (77 FR 58058). In that 

notice, we proposed to approve a 

revision to the BPA 1997 8-hour ozone 

maintenance air quality SIP by replacing 

the previously approved motor vehicle 

emissions budgets, developed with 

EPA’s MOBILE 6.2 model, with budgets 

developed using EPA’s more current 

Motor Vehicle Emissions Simulator 

(MOVES) 2010a emissions model. At 

the time of our proposal, Texas had 

provided for public review and 

comment of the SIP revision at the state 

level. Subsequently, the State adopted 

the revision and submitted it to us on 

December 10, 2012. 

An air quality maintenance plan is 

required to show that an area will 

continue to maintain attainment of the 

applicable standard taking into account 

projections of future emissions. Our 

approval means that EPA is finding that 

Beaumont’s ozone air quality 

maintenance plan still demonstrates 

that the area will maintain attainment of 

the 1997 ozone national ambient air 

quality standard through the year 2021 

while taking into account the revised 

emissions from the MOVES model. The 

motor vehicle emissions budgets are the 

amount of emissions from on-road 

motor vehicles that are consistent with 

the maintenance plan. 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) and 40 CFR 93.102. 

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Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations 7673 

II. What public comments were 

received? 

The State public comment period for 

this SIP revision was from June 29, 

2012, until August 3, 2012. A public 

hearing was offered but was not 

requested. No public comments were 

received by Texas during the comment 

period. 

The Federal Register proposing 

approval of this SIP revision was 

published on September 19, 2012, and 

the public comment period closed on 

October 19, 2012. EPA received three 

comment letters. However, one 

comment letter is not related to EPA’s 

proposal and is outside the scope of this 

action. Therefore, EPA is responding 

only to the two comments that are 

relevant to this action. Those comments 

expressed support of EPA’s approval of 

this SIP revision and were submitted by 

the Texas Commission on 

Environmental Quality, Austin; 

Executive Director, and the 8-Hour 

Ozone SIP Coalition, Austin; Project 

Coordinator. EPA appreciates the 

support for this action. The comment 

letters are available for review in the 

docket for this rulemaking. 

III. What action is EPA taking? 

EPA is approving as a SIP revision 

new MOVES2010a-based budgets for the 

Beaumont/Port Arthur 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. 

BEAMONT/PORT ARTHUR

MOVES2010a-BASED 8-Hr OZONE

MVEBS (TPD) 

Budget year NOX

MVEB 

VOC 

MVEB 

2021 .......................... 9.7 3.9 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

Dated: January 16, 2013. 

Ron Curry, 

Regional Administrator, Region 6. 

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 SS—Texas 

■ 2. Section 52.2270(e) is amended by 

adding an entry for On-Road Mobile 

Source Emissions Inventory and Motor 

Vehicle Emissions Budget Update at the 

end of the second table titled ‘‘EPA 

Approved Nonregulatory Provisions and 

Quasi-Regulatory Measures in the Texas 

SIP’’ as follows: 

§ 52.2270 Identification of plan. 

* * * * * 

(e) * * * 

* * * * * 

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7674 Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Rules and Regulations 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or nonattainment area 

State 

submittal/ 

effective 

date 

EPA approval date Comments 

*******

On-Road Mobile Source Emissions Inventory and Motor 

Vehicle Emissions Budget 

Update.

Beaumont/Port Arthur, TX ..... 12/10/2012 2/4/2013 [Insert citation of 

publication in Federal Register].

MOVES update to motor vehicle emissions budgets. 

[FR Doc. 2013–02237 Filed 2–1–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

[Docket No. CDC–2011–0007] 

42 CFR Part 71 

RIN 0920–AA37 

Foreign Quarantine; Import 

Regulations for Infectious Biological 

Agents, Infectious Substances, and 

Vectors 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Final rule. 

SUMMARY: The Centers for Disease 

Control and Prevention (CDC) within 

the Department of Health and Human 

Services (HHS) is issuing this final rule 

amending the regulations regarding the 

importation of infectious biological 

agents, infectious substances, and 

vectors. The amendments improve 

HHS/CDC’s ability to prevent the 

introduction, transmission, or spread of 

communicable diseases into the United 

States. 

DATES: The final rule is effective April 

5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Weyant, Ph.D., Director, 

Division of Select Agents and Toxins, 

Centers for Disease Control and 

Prevention, 1600 Clifton Road NE., MS 

A–46, Atlanta, GA 30333. Telephone: 

404–718–2000. 

SUPPLEMENTARY INFORMATION: The 

preamble is organized as follows: 

I. Background 

II. Statutory Authority 

III. Responses to Public Comments 

A. Definitions 

B. Infectious Biological Agent 

C. Biosafety 

D. Permit Exemptions 

E. Transportation 

F. Subsequent Transfer 

G. Miscellaneous 

IV. Required Regulatory Analyses Under 

Executive Orders 13563 and 12866 and 

Regulatory Flexibility Act 

V. Other Administrative Requirements 

A. Paperwork Reduction Act of 1995 

B. Executive Order 12988, Civil Justice 

Reform and Executive Order 13132, 

Federalism 

C. Plain Language in Government Writing 

I. Background 

On October 14, 2011, we published a 

proposed rule in the Federal Register 

(76 FR 63891) to clarify regulatory 

definitions, ensure adequate biosafety 

measures, increase oversight through 

inspections, to address permit 

exemptions and transportation 

requirements, and to describe an appeal 

process. The proposed rule provided a 

60-day public comment period that 

ended on December 13, 2011. 

This final rule contains provisions 

that apply to a variety of entities 

including academic institutions and 

biomedical centers, commercial 

manufacturing facilities, Federal, State, 

and local laboratories, including clinical 

and diagnostic laboratories, research 

facilities, exhibition facilities, and 

educational facilities. 

II. Statutory Authority 

This final rule is issued under the 

authority of Section 361 of the Public 

Health Service Act (PHS Act) (42 U.S.C. 

264). This provision authorizes the 

Health and Human Services (HHS) 

Secretary to make and enforce such 

regulations as in her judgment are 

necessary to prevent the introduction, 

transmission, or spread of 

communicable diseases from foreign 

countries into the States or possessions 

of the United States and from one State 

or possession into any other State or 

possession. For purposes of carrying out 

and enforcing such regulations, the HHS 

Secretary may authorize a variety of 

public health measures, including 

inspection, fumigation, disinfection, 

sanitation, pest extermination, 

destruction of animals or articles found 

to be sources of dangerous infection to 

human beings, and other measures. 

The Foreign Quarantine regulations 

(42 CFR part 71) set forth provisions to 

prevent the introduction, transmission, 

and spread of communicable disease 

from foreign countries into the United 

States. Part 71, Subpart F (Importations) 

contains provisions for importation of 

etiological agents, hosts, and vectors (42 

CFR 71.54), requiring persons to obtain 

a permit issued by the CDC before 

importing, or distributing after import, 

any of these materials. 

III. Responses to Public Comment 

We received nine comments from 

academic, private and government 

facilities. The comments are discussed 

below. 

A. Definitions 

Commenters requested clarification 

about whether the definition of ‘‘vector’’ 

should (1) include an exemption for 

animals meant for a zoo, (2) address 

pelts or other objects meant for museum 

use or (3) limit the definition to the 

importation of live animals. Prior to 

entry into the United States and 

regardless of the purpose for the 

importation, a permit will continue to 

be required for any live animal or 

animal product (e.g., a mount, rug, or 

other display item composed of the 

hide, hair, skull, teeth, bones, or claws 

of an animal) unless (1) the animal or 

animal product is not known to transfer 

or to be capable of transferring an 

infectious biological agent to a human 

or (2) the animal product has been 

rendered noninfectious. The 

documentation may include a statement 

from a treating veterinarian, statement 

from a medical facility, medical 

certificate, or in the case of an animal 

product, documentary evidence, such as 

a veterinary or taxidermy certificate, 

describing how the material had been 

treated to render it noninfectious. Any 

live animal or animal product imported 

for scientific, educational or exhibition 

purposes (e.g., bats and bat products) 

will also continue to require a permit, 

unless accompanied by documentation 

indicating that the animal or animal 

product is not known to transfer or to 

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