47572 Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Rules and Regulations 

within the Sector Columbia River 

Captain of the Port Zone enclosed by 

three lines and the shoreline: Line one 

starting on the shoreline at 45–31′49′′ N/ 

122–40′15′′ W then heading 70 yards 

offshore to 45–31′48′′ N/122–40′17′′ W 

then heading up river 300 yards to 45– 

31′41′′ N/122–40′09′′ W then heading 

100 yards to the shoreline ending at 45– 

31′43′′ N/122–40′06′′ W. 

(c) Effective Period. The safety zones 

created in this section will be in effect 

from July 24, 2013 and will be enforced 

until 90 days from date of publication 

in the Federal Register. They will be 

activated for enforcement as described 

in paragraph (d) of this section. 

(d) Enforcement Periods. The Sector 

Columbia River Captain of the Port will 

cause notice of the enforcement of the 

grain facilities safety zones to be made 

by all appropriate means to effect the 

widest publicity among the affected 

segments of the public as practicable, in 

accordance with 33 CFR 165.7. Such 

means of notification may include, but 

are not limited to, Broadcast Notices to 

Mariners or Local Notices to Mariners. 

The Sector Columbia River Captain of 

the Port will issue a Broadcast Notice to 

Mariners notifying the public when 

enforcement of the safety zone is 

suspended. Upon notice of enforcement 

by the Sector Columbia River Captain of 

the Port, the Coast Guard will enforce 

the safety zone in accordance with rules 

set out in this section. Upon notice of 

suspension of enforcement by the Sector 

Columbia River Captain of the Port, all 

persons and vessels are authorized to 

enter, transit, and exit the safety zone, 

consistent with the Navigation Rules. 

(e) Regulation. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into or movement within 

these zones is prohibited unless 

authorized by the Sector Columbia River 

Captain of the Port, the official patrol, 

or other designated representatives of 

the Captain of the Port. 

(2) To request authorization to enter 

or operate within the safety zone contact 

the on-scene official patrol on VHF-FM 

channel 16 or 13, or the Sector 

Columbia River Command Center at 

phone number (503) 861–6211. 

Authorization will be granted based on 

the necessity of access and consistent 

with safe navigation. 

(3) Vessels authorized to enter or 

operate within the safety zone shall 

operate at the minimum speed 

necessary to maintain a safe course and 

shall proceed as directed by the onscene official patrol. The Navigation 

Rules shall apply at all times within the 

safety zone. 

(4) Maneuver-restricted vessels. When 

conditions permit, the on-scene official 

patrol, or a designated representative of 

the Captain of the Port at the Sector 

Columbia River Command Center, 

should: 

(i) Permit vessels constrained by their 

navigational draft or restricted in their 

ability to maneuver to enter or operate 

within the safety zone in order to ensure 

a safe passage in accordance with the 

Navigation Rules; and 

(ii) Permit commercial vessels 

anchored in a designated anchorage area 

to remain at anchor within the safety 

zone; and 

(iii) Permit vessels that must transit 

via a navigable channel or waterway to 

enter or operate within the safety zone 

in order to do so. 

(f) Exemption. Public vessels as 

defined in paragraph (a) of this section 

are exempt from complying with 

paragraph (e) of this section. 

(g) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer 

may enforce the rules in this section. In 

the navigable waters of the United 

States to which this section applies, 

when immediate action is required and 

representatives of the Coast Guard are 

not present or are not present in 

sufficient force to provide effective 

enforcement of this section, any Federal 

Law Enforcement Officer, Oregon Law 

Enforcement Officer, or Washington 

Law Enforcement Officer may enforce 

the rules contained in this section 

pursuant to 46 U.S.C. 70118. In 

addition, the Captain of the Port may be 

assisted by other federal, state, or local 

agencies in enforcing this section. 

(h) Waiver. The Captain of the Port 

Columbia River may waive any of the 

requirements of this section for any 

vessel or class of vessels upon finding 

that operational conditions or other 

circumstances are such that application 

of this section is unnecessary or 

impractical for the purpose of port 

safety or environmental safety. 

Dated: July 24, 2013. 

B.C. Jones, 

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

Port, Sector Columbia River. 

[FR Doc. 2013–18983 Filed 8–5–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2010–0298, FRL–9843–2] 

Disapproval of State Implementation 

Plan; Infrastructure Requirements for 

the 1997 8-Hour Ozone National 

Ambient Air Quality Standard; Montana 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is disapproving the State 

Implementation Plan (SIP) submitted by 

the State of Montana to demonstrate that 

the SIP meets one of the infrastructure 

requirements of the Clean Air Act (CAA) 

for the National Ambient Air Quality 

Standards (NAAQS) promulgated for 

ozone on July 18, 1997. The CAA 

requires that each state, after a new or 

revised NAAQS is promulgated, review 

their SIPs to ensure that they meet 

infrastructure requirements. The State of 

Montana submitted certifications of 

their infrastructure SIP for the 1997 

ozone NAAQS on November 28, 2007 

and December 22, 2009. EPA is 

disapproving Montana’s submissions 

with respect to the infrastructure 

element regarding state boards. 

DATES: Effective Date: This final rule is 

effective September 5, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2010–0298. 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 at 

the Air Program, Environmental 

Protection Agency (EPA), Region 8, 

1595 Wynkoop Street, Denver, Colorado 

80202–1129. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8:00 a.m. to 4:00 p.m., excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Ayala, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mail Code 8P–AR, 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 151 / Tuesday, August 6, 2013 / Rules and Regulations 47573 

1595 Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6142, 

ayala.kathy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Definitions 

For the purpose of this document, we 

are giving meaning to certain words or 

initials as follows: 

(i) The words or initials Act or CAA 

mean or refer to the Clean Air Act, 

unless the context indicates otherwise. 

(ii) The words EPA, we, us or our 

mean or refer to the United States 

Environmental Protection Agency. 

(iii) The initials NAAQS mean or refer 

to National Ambient Air Quality 

Standards. 

(iv) The initials SIP mean or refer to 

State Implementation Plan. 

(v) The words State or Montana mean 

the State of Montana, unless the context 

indicates otherwise. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Infrastructure requirements for SIPs 

are provided in sections 110(a)(1) and 

(2) of the CAA. Section 110(a)(2) lists 

the specific infrastructure elements that 

a SIP must contain or satisfy. The 

element that is the subject of this action, 

section 110(a)(2)(E)(ii), is described in 

detail in our proposal of May 31, 2013 

(78 FR 32613). The State of Montana 

submitted certifications of their 

infrastructure SIP for the 1997 ozone 

NAAQS on November 28, 2007 and 

December 22, 2009. We acted on those 

submissions, with the exception of 

element 110(a)(2)(E)(ii), on July 22, 2011 

(76 FR 43918). 

On May 31, 2013, EPA published a 

notice of proposed rulemaking (NPR) for 

the remaining portion of the two 

Montana submissions. The NPR 

proposed disapproval of the Montana 

submissions with respect to 

infrastructure element 110(a)(2)(E)(ii) 

regarding requirements for state boards 

under section 128. The reasons for this 

disapproval are detailed within our 

proposal. In summary, the Montana SIP 

fails to include provisions which meet 

the explicit legal requirements of 

section 128. 

II. Response to Comments 

No comments were received. 

III. Final Action 

EPA is disapproving Montana’s 

November 28, 2007 and December 22, 

2009 submissions for the 1997 ozone 

NAAQS with respect to infrastructure 

element 110(a)(2)(E)(ii) regarding 

requirements for state boards under 

CAA section 128. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to act on SIP 

submissions in accordance 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 either 

approve or disapprove state choices, in 

accordance with the criteria of the Clean 

Air Act. Accordingly, this action merely 

disapproves a state submission that does 

not meet Federal requirements. This 

action does not raise novel legal or 

policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set for in the EO and does 

not impose additional requirements 

beyond those imposed by state law. For 

these reasons, 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 October 7, 2013. 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: July 24, 2013. 

Shaun L. McGrath, 

Regional Administrator, Region 8. 

[FR Doc. 2013–18842 Filed 8–5–13; 8:45 am] 

BILLING CODE 6560–50–P 


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