Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 44141 

Sector Lake Michigan, will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. If the Captain of the Port, 

Sector Lake Michigan, determines that 

the safety zone need not be enforced for 

the full duration stated in this notice, he 

or she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the safety zone. The Captain of the 

Port, Sector Lake Michigan, or his or her 

on-scene representative may be 

contacted via VHF Channel 16. 

Dated: July 6, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–18519 Filed 7–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2010–0647] 

RIN 1625–AA00 

Safety Zone; Milwaukee Harbor, 

Milwaukee, WI 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zones for annual fireworks 

events in the Captain of the Port Sector 

Lake Michigan zone from 9:15 p.m. on 

August 7, 2010, through 10:00 p.m. on 

August 22, 2010. This action is 

necessary and intended to ensure safety 

of life on the navigable waters 

immediately prior to, during, and 

immediately after fireworks events. This 

safety zone imposes restrictions upon, 

and control movement of, vessels in a 

specified area immediately prior to, 

during, and immediately after firework 

events. During the enforcement period, 

no person or vessel may enter the safety 

zones without permission of the Captain 

of the Port, Sector Lake Michigan. 

DATES: The regulations in 33 CFR 

165.935 will be enforced as detailed 

below from 9:15 p.m. on August 7, 2010, 

through 10 p.m. on August 22, 2010. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail BM1 Adam Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at 414–747– 

7154, e-mail Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR 165.935, Safety Zone, 

Milwaukee Harbor, Milwaukee, WI, for 

the following events: 

(1) Arab World Festival fireworks 

display on August 7, 2010 from 9:15 

p.m. through 10 p.m. 

(2) Irish Festival fireworks display on 

August 22, 2010 from 9:15 p.m. through 

10 p.m. 

All vessels must obtain permission 

from the Captain of the Port or his or her 

on-scene representative to enter, move 

within or exit the safety zone. Vessels 

and persons granted permission to enter 

the safety zone shall obey all lawful 

orders or directions of the Captain of the 

Port or a designated representative. 

While within a safety zone, all vessels 

shall operate at the minimum speed 

necessary to maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.935 Safety Zone, 

Milwaukee Harbor, Milwaukee, WI and 

5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

these enforcement periods via Broadcast 

Notice to Mariners or Local Notice to 

Mariners. The Captain of the Port, 

Sector Lake Michigan will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. If the Captain of the Port, 

Sector Lake Michigan, determines that 

the safety zone need not be enforced for 

the full duration stated in this notice, he 

or she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the safety zone. The Captain of the 

Port, Sector Lake Michigan, or his or her 

on-scene representative may be 

contacted via VHF Channel 16. 

Dated: July 6, 2010. 

L. Barndt, 

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

Port, Sector Lake Michigan. 

[FR Doc. 2010–18521 Filed 7–27–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2010–0277; FRL–9180–1] 

Revisions to the Arizona State 

Implementation Plan, Maricopa County 

Air Quality Department 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the Maricopa County Air 

Quality Department (MCAQD) portion 

of the Arizona State Implementation 

Plan (SIP). These revisions were 

proposed in the Federal Register on 

April 16, 2010 and concern opacity 

standards related to multiple pollutants, 

including particulate matter (PM) 

emissions from several different types of 

sources, ranging from fugitive dust to 

diesel generators. We are approving a 

local rule that regulates these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: Effective Date: This rule is 

effective on August 27, 2010. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2010–0277 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), 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: 

Joanne Wells, EPA Region IX, (415) 

947–4118, wells.joanne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On April 16, 2010 (75 FR 19921), EPA 

proposed to approve the following rule 

into the Arizona SIP. 


sroberts on DSKD5P82C1PROD with RULES
44142 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations 

Local agency Rule No. Rule title Amended Submitted 

MCAQD ........................................................... 300 Visible Emissions ........................................... 03/12/08 07/10/08 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on this rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, we received no comments. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted rules comply with the 

relevant CAA requirements. Therefore, 

as authorized in section 110(k)(3) of the 

Act, EPA is fully approving this rule 

into the Arizona SIP. 

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 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 Clean Air Act. 

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 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 September 27, 

2010. 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 dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements. 

Dated: July 7, 2010. 

Keith Takata, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 D—Arizona 

■ 2. Section 52.120 is amended by 

adding paragraph (c)(141)(i)(B)(3) to 

read as follows: 

§ 52.120 Identification of plan. 

* * * * * 

(c) * * * 

(141) * * * 

(i) * * * 

(B) * * * 

(3) Rule 300, ‘‘Visible Emissions,’’ 

amended March 12, 2008. 

* * * * * 

[FR Doc. 2010–18561 Filed 7–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R10–OAR–2008–0391; FRL–9180–2] 

Determination of Attainment for PM– 

10; Fort Hall PM–10 Nonattainment 

Area, Idaho 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing its 

determination that the Fort Hall PM–10 

nonattainment area on the Fort Hall 

Indian Reservation in Idaho has attained 

the National Ambient Air Quality 

Standard for particulate matter with an 

aerodynamic diameter of less than or 

equal to 10 microns (PM–10) under the 


sroberts on DSKD5P82C1PROD with RULES