19990 Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 

enforcement of this safety zone and will 

announce that fact via Broadcast Notice 

to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, and 

local, state, and federal law enforcement 

vessels who have been authorized to act 

on the behalf of the Captain of the Port. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

his designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander. The Patrol 

Commander may be contacted on VHF– 

FM Channel 23. 

(3) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(4) Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light or other means, the 

operator of a vessel shall proceed as 

directed. 

(5) The Coast Guard may be assisted 

by other federal, state, or local agencies. 

Dated: March 20, 2013. 

S.M. Mahoney, 

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

Port San Diego. 

[FR Doc. 2013–07745 Filed 4–2–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0807; FRL–9783–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Ohio Ambient Air Quality Standards; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the codification in an October 

26, 2010, final rule under the Clean Air 

Act. This rule approved revisions to 

Ohio regulations that consolidated air 

quality standards in a new chapter of 

rules and adjusted the rule references 

accordingly in various related rules. Of 

particular note is a revision that 

adjusted the provision for 

measurements for comparison with the 

particulate matter air quality standards. 

EPA erroneously codified approval of 

the entirety of the rule, which may be 

misread as having inadvertently 

approved several other provisions 

which were not addressed in the 

October 26, 2010 final rule, and which 

EPA in separate rulemaking had 

proposed to disapprove. Therefore, EPA 

is correcting its action to clarify the 

codification to show that only one 

paragraph of this rule was approved. 

This action simply makes the 

codification consistent with the 

approval. 

DATES: This final rule is effective on 

April 3, 2013. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6067, 

summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: On 

October 26, 2010, EPA published a final 

approval of Ohio rules consolidating the 

State’s air quality standards into Ohio 

Administrative Code (OAC) 3745–25 

and modifying an assortment of related 

rules, mostly providing test methods for 

measurements used to assess attainment 

of those standards, so that these related 

rules would properly reference the 

relocated air quality standard rules. This 

action was published at 75 FR 65572 as 

a direct final rule. 

In codifying the approval of these 

rules, EPA erroneously appeared to 

approve the entirety of the modified 

rules, even though in some cases only 

one paragraph was addressed or 

modified. OAC 3745–17–03 included 

pertinent revisions in paragraph (A) 

specifying test methods for the 

particulate matter air quality standards. 

However, OAC 3745–17–03 also 

included numerous unrelated revisions 

that had not been previously approved, 

most notably including revisions that 

EPA had proposed to disapprove (see 70 

FR 36901, published June 27, 2005). 

EPA’s notice of direct final rulemaking 

published October 26, 2010, provided 

no discussion of the issues related to the 

other sections of OAC 3745–17–03, 

reflecting the fact that EPA intended 

only to approve and codify the revisions 

in OAC 3745–17–03(A). Therefore, EPA 

today is correcting the codification for 

that action to indicate that only OAC 

3745–17–03(A) of that rule is approved. 

This makes the codification match the 

approval. 

Correction 

In the codification published in the 

Federal Register on October 26, 2010 

(75 FR 65572), on page 65574 in the 

second column, the paragraph 

numbered (c)(138)(i)(A), erroneously 

reading: ‘‘Ohio Administrative Code 

Rule 3745–17–03 ‘Measurement 

methods and procedures.’, effective 

April 18, 2009,’’ is corrected to read: 

‘‘Paragraph (A) of Ohio Administrative 

Code Rule 3745–17–03, ‘Measurement 

methods and procedures.’, effective 

April 18, 2009.’’ 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that there is good cause 

for making today’s rule final without 

prior proposal and opportunity for 

comment because EPA is merely 

correcting an incorrect codification in a 

previous action. The corrected 

codification reflects the revisions that 

EPA approved in its direct final rule. 

We find that this constitutes good cause 

under 5 U.S.C. 553(b)(B). Thus, notice 

and opportunity for public comment are 

unnecessary. 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore 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)). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the Supplementary 

Information section above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 78, No. 64 / Wednesday, April 3, 2013 / Rules and Regulations 19991 

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), nor 

will it 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 governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; 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. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

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

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. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of April 3, 

2013. 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. This correction to 

40 CFR 52 for Ohio is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: February 11, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

■ 2. Section 52.1870 is amended by 

revising paragraph (c)(151)(i)(A) to read 

as follows: 

§ 52.1870 Identification of plan. 

* * * * * 

(c) * * * 

(151) * * * 

(i) * * * 

(A) Paragraph (A) of Ohio 

Administrative Code Rule 3745–17–03, 

‘‘Measurement methods and 

procedures.’’, effective April 18, 2009. 

* * * * * 

[FR Doc. 2013–07649 Filed 4–2–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0954; FRL–9796–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Motor Vehicle 

Emissions Budgets for the 

Pennsylvania Counties in the 

Philadelphia-Wilmington, PA–NJ–DE 

1997 Fine Particulate Matter 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Pennsylvania (Pennsylvania). The 

revision consists of an update to the 

SIP-approved Motor Vehicle Emissions 

Budgets (MVEBs) for the Pennsylvania 

counties in the PhiladelphiaWilmington, PA–NJ–DE 1997 fine 

particulate matter (PM2.5) nonattainment 

area (hereafter referred to as the 

Philadelphia Area) to reflect the use of 

the most recent version of the Motor 

Vehicle Emission Simulator model 

(MOVES). The Pennsylvania counties 

impacted by this revision are: 

Philadelphia, Montgomery, Delaware, 

Chester, and Bucks Counties. EPA is 

approving this revision to the MVEBs 

and thereby making them available for 

transportation conformity purposes in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

April 3, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0954. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

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 for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 15, 2013 (78 FR 11122), 

EPA published a Notice of Proposed 

Rulemaking (NPR) for Pennsylvania. 

The NPR proposed approval of the 

MVEBs for the Philadelphia Area. On 

November 6, 2012, the Pennsylvania 

Department of Environmental Protection 

(DEP) submitted to EPA a draft SIP 

revision which updates the Philadelphia 

Area’s MVEBs to reflect the use of the 

MOVES model. On January 29, 2013, 

Pennsylvania DEP submitted its formal, 

final SIP revision to update the 


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