29680 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Rules and Regulations 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. 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. 

7. 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 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will 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. 

9. Civil Justice Reform 

This 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. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this 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 determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a safety zone and, 

therefore it is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are available in the 

docket where indicated under 

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. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

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.T09–0258 to read as 

follows: 

§ 165.T09–0258 Safety Zone; BMA Media 

Group Fireworks, Presque Isle Bay, Erie, 

PA. 

(a) Location. This safety zone 

encompass all waters of Presque Isle 

Bay, Erie, PA within a 300-foot radius 

of position 42°8′19.082′′ N and 

80°5′28.903′′ W (NAD 83). 

(b) Effective and enforcement period. 

This section is effective and will be 

enforced on May 31, 2014 from 9:30 

p.m. until 10:30 p.m. 

(c) Regulations. (1) Under general 

regulations in § 165.23, entry into, 

transiting, or anchoring within the 

safety zone described in paragraph (a) of 

this temporary section is prohibited 

unless authorized by the Captain of the 

Port Buffalo or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

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

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his 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 Buffalo, or his on-scene 

representative. 

Dated: May 12, 2014. 

B.W. Roche, 

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

Port Buffalo. 

[FR Doc. 2014–11951 Filed 5–22–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0823; FRL–9911–06– 

Region 9] 

Interim Final Determination To Defer 

Sanctions, State of California, Los 

Angeles-South Coast Air Basin 

AGENCY: U.S. Environmental Protection 

Agency (EPA). 

ACTION: Interim Final Rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination to defer the imposition of 

sanctions based on a proposed approval 

published elsewhere in this Federal 

Register of a state implementation plan 

revision submitted by the State of 


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Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Rules and Regulations 29681 

California to meet the vehicle miles 

traveled emissions offset requirement 

under the Clean Air Act for the 1-hour 

ozone and 1997 8-hour ozone national 

ambient air quality standards (NAAQS) 

in the Los Angeles-South Coast Air 

Basin (South Coast). 

DATES: This interim final determination 

is effective on May 23, 2014. However, 

comments will be accepted until June 

23, 2014. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2013–0823, by one of the 

following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the on-line 

instructions. 

• Email: ungvarsky.john@epa.gov. 

• Mail or deliver: John Ungvarsky, Air 

Planning Office (AIR–2), U.S. 

Environmental Protection Agency 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

online at www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

www.regulations.gov or email. 

www.regulations.gov is an ‘‘anonymous 

access’’ system, and EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send email 

directly to EPA, your email address will 

be automatically captured and included 

as part of the public comment. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California 94105–3901. While all 

documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., CBI). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, 

Region IX, (415) 972–3963, 

ungvarsky.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

I. Background 

On March 28, 2013 (78 FR 18849), we 

published a final action to disapprove 

revisions to the state implementation 

plan (SIP) submitted by the State of 

California to demonstrate compliance 

with the vehicle miles traveled (VMT) 

emissions offset requirement under 

Clean Air Act (CAA) section 

182(d)(1)(A) with respect to the 1-hour 

ozone and 8-hour ozone NAAQS in the 

South Coast nonattainment area. Under 

section 110(k) of the CAA, we 

disapproved these plan elements 

because they reflect an approach to 

showing compliance with section 

182(d)(1)(A) that was rejected by the 

Ninth Circuit Court of Appeals in 

Association of Irritated Residents v. 

EPA. This disapproval action became 

effective on April 29, 2013 and started 

a sanctions clock for imposition of offset 

sanctions 18 months after April 29, 2013 

and highway sanctions 6 months later, 

pursuant to CAA section 179 and our 

regulations at 40 CFR 52.31. As such, 

offset sanctions will be applied on 

October 29, 2014, and highway 

sanctions will be applied on April 29, 

2015, unless EPA determines the 

disapproval has been corrected. 

On February 13, 2013, the State of 

California submitted, as a revision to the 

California SIP, the Final 2012 Air 

Quality Management Plan (2012 South 

Coast AQMP) for the South Coast Air 

Basin (2012 South Coast AQMP). The 

2012 South Coast AQMP submittal 

includes Appendix VIII, Vehicle Miles 

Traveled Emissions Offset 

Demonstration (‘‘Appendix VIII’’). On 

April 3, 2014, the State of California 

submitted a technical supplement to the 

VMT offset demonstrations in Appendix 

VIII of the 2012 South Coast AQMP. 

In the Proposed Rules section of 

today’s Federal Register, we are 

proposing to approve Appendix VIII and 

the related technical supplement as a 

SIP revision because we believe that it 

corrects the deficiency identified in our 

March 28, 2013 disapproval action. 

Based on today’s proposed approval, we 

are taking this interim final rulemaking 

action, effective on publication, to defer 

the imposition of the offset sanctions 

and highway sanctions triggered by our 

March 28, 2013 disapproval. 

EPA is providing the public with an 

opportunity to comment on this deferral 

of sanctions. If comments are submitted 

that change our assessment described in 

this interim final determination and the 

proposed full approval of the South 

Coast VMT Emissions Offset 

Demonstrations in Appendix VIII, we 

intend to take subsequent final action to 

reimpose sanctions pursuant to 40 CFR 

52.31(d). If no comments are submitted 

that change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action 

We are making an interim final 

determination to defer the imposition of 

sanctions associated with our 

disapproval of revisions to the 

California SIP based on our concurrent 

proposal to approve the State’s revision 

to the Los Angeles-South Coast portion 

of the California SIP as correcting the 

deficiency that initiated sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiencies identified in EPA’s 

disapproval action, relief from sanctions 

should be provided as quickly as 

possible. Therefore, EPA is invoking the 

good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions or 

to keep applied sanctions in place when 

the State has most likely done all it can 

to correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to defer sanctions 

while EPA completes its rulemaking 

process on the approvability of the 

State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 


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29682 Federal Register / Vol. 79, No. 100 / Friday, May 23, 2014 / Rules and Regulations 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action defers federal sanctions 

and imposes no additional 

requirements. 

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. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action 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.). 

This rule does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Public Law 104–4). 

This rule 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 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 rule 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 is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

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

272) do not apply to this rule because 

it imposes no standards. 

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. 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 to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefore, 

and established an effective date of May 

23, 2014. 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 rule 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 July 22, 2014. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this rule for the purpose of 

judicial review nor does it extend the 

time within which 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 

regulations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: May 5, 2014. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

[FR Doc. 2014–11509 Filed 5–22–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2012–0580; FRL–9911–42– 

OAR] 

RIN 2060–AM09 

Protection of Stratospheric Ozone: 

Revision of the Venting Prohibition for 

Specific Refrigerant Substitutes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA, the Agency) is amending 

the regulations promulgated as part of 

the National Recycling and Emission 

Reduction Program under section 608 of 

the Clean Air Act. EPA is amending 

those regulations to exempt certain 

refrigerant substitutes, listed as 

acceptable subject to use conditions in 

regulations promulgated as part of 

EPA’s Significant New Alternative 

Policy program under section 612 of the 

Act, from the prohibition under section 

608 on venting, release or disposal on 

the basis of current evidence that their 

venting, release or disposal does not 

pose a threat to the environment. 

Specifically, EPA is exempting from the 

venting prohibition isobutane (R–600a) 

and R–441A, as refrigerant substitutes in 

household refrigerators, freezers, and 

combination refrigerators and freezers, 

and propane (R–290), as a refrigerant 

substitute in retail food refrigerators and 

freezers (stand-alone units only). 

DATES: This final rule is effective on 

June 23, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2012–0580. 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 

from the EPA Air and Radiation Docket, 

EPA/DC, EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, 

DC. This 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, 


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