65630 Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations 

* * * * * 

[FR Doc. 2012–26539 Filed 10–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0152; FRL–9746–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; The 2002 Base Year 

Emissions Inventory for the 

Washington DC–MD–VA 

Nonattainment Area for the 1997 Fine 

Particulate Matter National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the fine 

particulate matter (PM2.5) 2002 base year 

emissions inventory portion of the 

District of Columbia State 

Implementation Plan (SIP) revision 

submitted by the District of Columbia, 

through the District Department of the 

Environment (DDOE), on April 2, 2008. 

The emissions inventory is part of the 

April 2, 2008 SIP revision that was 

submitted to meet nonattainment 

requirements related to the District of 

Columbia’s portion of the Washington 

DC–MD–VA nonattainment area 

(hereafter referred to as DC Area or 

Area) for the 1997 PM2.5 National 

Ambient Air Quality Standard (NAAQS) 

SIP. EPA is approving the 2002 base 

year PM2.5 emissions inventory in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

November 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0152. 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 District of Columbia 

Department of the Environment, Air 

Quality Division, 1200 1st Street NE., 

5th floor, Washington, DC 20002. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On August 23, 2012 (77 FR 50964), 

EPA published a notice of proposed 

rulemaking (NPR) for the District of 

Columbia. The NPR proposed approval 

of the 2002 base year emissions 

inventory portion of the District of 

Columbia SIP revision. The formal SIP 

revision was submitted by the District of 

Columbia on April 2, 2008. 

II. Summary of SIP Revision 

The 2002 base year emissions 

inventory submitted by DDOE on April 

2, 2008 includes emissions estimates 

that cover the general source categories 

of point sources, non-road mobile 

sources, area sources, on-road mobile 

sources, and biogenic sources. The 

pollutants that comprise the inventory 

are nitrogen oxides (NOX), volatile 

organic compounds (VOCs), PM2.5, 

coarse particles (PM10), ammonia (NH3), 

and sulfur dioxide (SO2). EPA has 

reviewed the results, procedures and 

methodologies for the base year 

emissions inventory submitted by 

DDOE. The year 2002 was selected by 

DDOE as the base year for the emissions 

inventory per 40 CFR 51.1008(b). A 

discussion of the emissions inventory 

development as well as the emissions 

inventory can be found in Appendix B 

of the April 2, 2008 SIP submittal and 

in the NPR. Specific requirements of the 

base year inventory and the rationale for 

EPA’s action are explained in the NPR 

and will not be restated here. No public 

comments were received on the NPR. 

III. Final Action 

EPA is approving the 2002 base year 

PM2.5 emissions inventory as a revision 

to the District of Columbia SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA 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. 

B. Submission to Congress and the 

Comptroller General 

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 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations 65631 

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). 

C. Petitions for Judicial Review 

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 December 31, 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 

pertaining to the PM2.5 2002 base year 

emissions inventory portion of the 

District of Columbia SIP 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, Nitrogen 

dioxide, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: October 11, 2012. 

W.C. Early, 

Acting Regional Administrator, Region III. 

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 J—District of Columbia 

■ 2. In § 52.470, the table in paragraph 

(e) is amended by adding at the end of 

the table an entry for 2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard to 

read as follows: 

§ 52.470 Identification of plan. 

* * * * * 

(e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of non-regulatory SIP 

revision Applicable geographic area 

State 

submittal 

date 

EPA approval date Additional 

explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate 

matter (PM2.5) standard.

District of Columbia portion of the 

Washington DC–MD–VA 1997 

PM2.5 nonattainment area.

4/2/08 10/30/12 [Insert page number 

where the document begins].

§ 52.474(e) 

■ 3. In § 52.474, paragraph (e) is added 

to read as follows: 

§ 52.474 Base Year Emissions inventory. 

* * * * * 

(e) EPA approves as a revision to the 

District of Columbia State 

Implementation Plan the 2002 base year 

emissions inventory for the District of 

Columbia portion of the Washington 

DC–MD–VA 1997 fine particulate matter 

(PM2.5) nonattainment area submitted by 

the District Department of the 

Environment on April 2, 2008. The 2002 

base year emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). 

[FR Doc. 2012–26530 Filed 10–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

46 CFR Part 327 

[Docket No. MARAD 2012–0005] 

RIN 2133–AB79 

Retrospective Review Under E.O. 

13563: Seamen’s Claims; Admiralty 

Extension Act Claims; and Admiralty 

Claims 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: In accordance with Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review,’’ the Maritime 

Administration (MarAd) solicited public 

comment concerning clarification of its 

regulations pertaining to seamen’s 

claims, administrative action taken 

against MarAd, and litigation pertaining 

to such matters. No comments were 

received as a result of the agency’s 

solicitation. By this rulemaking, MarAd 

is updating and modernizing the 

existing regulations and adopting a 

procedural process to more effectively 

address claims arising under the Suits 

in Admiralty Act, the Admiralty 

Extension Act and the Clarification Act. 

The existing regulations implement the 

Clarification Act. The newly added 

regulations implement a process to 

resolve administrative claims arising 

under the Admiralty Extension Act, and 

both the Suits in Admiralty Act and the 

Public Vessels Act, respectively. 

DATES: This rule is effective November 

29, 2012. 

FOR FURTHER INFORMATION CONTACT: You 

may contact Jay Gordon, Assistant Chief 

Counsel for Litigation and General Law, 

at (202) 366–5173. You may send mail 

to Mr. Gordon at Office of Chief 

Counsel, MAR–221, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. You may send electronic mail to 

jay.gordon@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 18, 2011, President 

Obama issued Executive Order 13563, 

which outlined a plan to improve 

regulation and regulatory review (76 FR 

3821, January 21, 2011). Executive 

Order 13563 reaffirms and builds upon 

governing principles of contemporary 

regulatory review, including Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ (58 FR 51735, October 4, 

1993), by requiring Federal agencies to 

design cost-effective, evidence-based 


wreier-aviles on DSK7SPTVN1PROD with RULES