Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations 32321 

(5) In any case where an author 

agreed, prior to January 1, 1978, to a 

grant of a transfer or license of rights in 

a work that was not created until on or 

after January 1, 1978, a notice of 

termination of a grant under section 203 

of title 17 may be recorded if it recites, 

as the date of execution, the date on 

which the work was created. 

* * * * * 

Dated: May 27, 2011. 

Maria A. Pallante, 

Acting Register of Copyrights. 

Approved by 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. 2011–13845 Filed 6–3–11; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0379; FRL–9314–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to the 

Inspection and Maintenance (I/M) 

Program—Quality Assurance Protocol 

for the Safety Inspection Program in 

Non-I/M Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Pennsylvania State Implementation Plan 

(SIP). The revision consists of a change 

by the Commonwealth of Pennsylvania 

to the quality assurance program for its 

motor vehicle inspection and 

maintenance program (I/M program). 

Specifically, the Commonwealth is 

amending a provision of its prior SIPapproved I/M program to change the 

duration of the timing of quality 

assurance audits performed by the 

Pennsylvania Department of 

Transportation (PENNDOT) as part of 

their program oversight. The 

amendment allows for these audits to be 

conducted within five days of vehicle 

inspection, instead of the two-day 

window allowed under the prior 

approved SIP. This SIP revision affects 

forty-two counties in Pennsylvania 

where visual emissions equipment 

inspections are performed as part of the 

Commonwealth’s annual vehicle safety 

inspection program (i.e., non-I/M 

counties). It does not affect the twentyfive counties where separate enhanced 

I/M emissions inspections are 

performed in addition to the annual 

safety inspection program (i.e., I/M 

counties). This SIP revision applies to 

PENNDOT staff overseeing stations that 

conduct safety inspections in non-I/M 

program counties. It does not impact 

motorists subject to the program or 

stations that perform emissions 

inspections. EPA is approving this 

amendment to Pennsylvania’s approved 

I/M SIP in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on August 

5, 2011 without further notice, unless 

EPA receives adverse written comment 

by July 6, 2011. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0379 by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. E-mail: 

fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0379, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0379. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. 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. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

www.regulations.gov or in hard copy 

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: 

Brian Rehn, (215) 814–2176, or by 

e-mail at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

On May 22, 2009, the Commonwealth 

of Pennsylvania submitted a formal 

revision to its SIP. That SIP revision, 

which is the subject of this action, 

consists of an amendment to the 

enhanced motor vehicle emission 

inspection program SIP submitted by 

Pennsylvania on December 1, 2003 and 

approved as part of the 

Commonwealth’s SIP on October 6, 

2005 (70 FR 58313). This SIP revision 

amends Pennsylvania’s quality 

assurance program, which applies to 

PENNDOT staff that oversee the antitampering visual inspection performed 

as part of the annual safety inspection 

program in the forty-two Pennsylvania 

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32322 Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations 

counties (where separate enhanced I/M 

inspection is not required). 

II. Summary of SIP Revision 

Pennsylvania’s approved I/M SIP 

includes, as a SIP-strengthening 

measure, a program to address 

emissions from in-use vehicles 

registered in counties in Pennsylvania 

that are not mandated by the CAA to 

have an emission inspection program. In 

these forty-two non-I/M counties, 

Pennsylvania requires (as part of its 

annual vehicle safety inspection) a 

visual check of select vehicle emission 

components to ensure that the 

components have not been removed or 

disconnected, and that they are the 

correctly configured components for 

that particular vehicle (referred to 

hereafter as the anti-tampering 

program). This SIP-approved antitampering program check applies to the 

following components (where equipped 

on a new vehicle as part of an EPAcertified configuration): Catalytic 

converter, exhaust gas recirculation 

(EGR) valve, positive crankcase 

ventilation (PCV) valve, fuel inlet 

restrictor, air pump, and evaporative 

control system. The non-I/M region 

affected by this SIP revision is 

comprised of the following counties: 

Adams, Armstrong, Bedford, Bradford, 

Butler, Cameron, Carbon, Clarion, 

Clearfield, Clinton, Columbia, Crawford, 

Elk, Fayette, Forest, Franklin, Fulton, 

Greene, Huntingdon, Indiana, Jefferson, 

Juniata, Lawrence, McKean, Mifflin, 

Monroe, Montour, Northumberland, 

Perry, Pike, Potter, Schuylkill, Snyder, 

Somerset, Sullivan, Susquehanna, 

Tioga, Union, Venango, Warren, Wayne, 

and Wyoming. 

The SIP revision amends a portion of 

the Commonwealth’s quality assurance 

program for safety inspections, as it 

relates to administrative audits of 

approximately 5,200 safety inspection 

stations in the forty-two non-I/M 

counties. The quality assurance program 

established a window during which 

program auditors ascertain whether 

selected vehicles properly passed the 

required visual emissions equipment 

inspection portion of the state-required, 

annual vehicle safety inspection. After 

reviewing its procedures, PENNDOT 

determined that increasing the length of 

time between the safety inspection and 

the allowable time by when PENNDOT 

inspectors can perform an inspection 

audit from two to five days allows for 

improved oversight of the visual 

inspection portion of the safety 

inspection program. This allows the 

Commonwealth to better assure that the 

visual inspection is being properly 

performed as part of the safety 

inspection in non-I/M counties, 

ensuring that these emission 

components are present and have not 

been tampered with, as is required by 

the CAA. The visual inspection bolsters 

the Commonwealth’s SIP by ensuring 

that vehicles in non-I/M counties in the 

Commonwealth are operated with the 

required emissions components in 

place. The Commonwealth’s SIP 

revision is intended to improve the 

Commonwealth’s ability to oversee the 

safety inspection program in the nonI/M counties to better ensure that the 

visual emissions component inspection 

is being properly performed by safety 

inspection technicians. This SIP 

revision is a procedural change that 

does not affect the Commonwealth’s 

prior SIP-approved I/M regulations, nor 

does it affect oversight of the I/M 

program in the 25 counties where I/M 

is performed separately from the state 

safety inspection program. 

III. Final Action 

EPA is approving Pennsylvania’s SIP 

revision to amend the quality assurance 

program for visual emission component 

inspection performed as part of the 

Commonwealth’s annual safety 

inspection program in non-I/M counties. 

EPA is publishing this rule without 

prior proposal because EPA views this 

as a noncontroversial amendment and 

anticipates no adverse comment. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, EPA 

is publishing a separate document that 

will serve as the proposal to approve the 

SIP revision if adverse comments are 

filed. This rule will be effective on 

August 5, 2011 without further notice 

unless EPA receives adverse comment 

by July 6, 2011. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 

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 (Public Law 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 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

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Federal Register / Vol. 76, No. 108 / Monday, June 6, 2011 / Rules and Regulations 32323 

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 August 5, 2011. 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. 

This action to approve Pennsylvania’s 

quality assurance program changes for 

oversight of the safety inspection 

program in non-I/M counties 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, 

Environmental protection, Incorporation 

by reference, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Volatile organic compounds. 

Dated: May 18, 2011. 

Shawn M. Garvin, 

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 NN—Pennsylvania 

■ 2. In § 52.2020, the table in paragraph 

(e)(1) is amended by adding an entry for 

Revision of the Quality Assurance 

Protocol for the Safety Inspection 

Program in Non-I/M Counties at the end 

of the table to read as follows: 

§ 52.2020 Identification of plan. 

* * * * * 

(e) * * * 

(1) * * * 

Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional 

explanation 

*******

Revision of the Quality Assurance Protocol for the Safety 

Inspection Program 

in Non-I/M Counties.

Non-I/M Program Region, Counties of: Adams, Armstrong, 

Bedford, Bradford, Butler, Cameron, Carbon, Clarion, 

Clearfield, Clinton, Columbia, Crawford, Elk, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lawrence, McKean, Mifflin, Monroe, 

Montour, Northumberland, Perry, Pike, Potter, Schuylkill, 

Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, 

Venango, Warren, Wayne, and Wyoming.

5/22/09 6/6/11 [Insert page 

number where 

the document begins].

Applicable to SIPapproved safety 

inspection program regulation 

for non-I/M counties at Title 67, 

Part 1, Chapter 

175. 

* * * * * 

[FR Doc. 2011–13878 Filed 6–3–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 45 

[Docket No. USCG–1998–4623] 

RIN 1625–AA17 

Limited Service Domestic Voyage Load 

Lines for River Barges on Lake 

Michigan 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is amending 

the special load line exemption regime 

for certain river barges operating on 

Lake Michigan, as established in the 

final rule published on November 18, 

2010. Specifically, the weather 

restrictions based on Small Craft 

Advisory conditions are being replaced 

with the original weather restrictions 

implemented in 2002 by an interim rule. 

DATES: This final rule is effective on 

June 15, 2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–1998–4623 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–1998–4623 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Mr. Thomas Jordan, Office of 

Design and Engineering Standards, 

Naval Architecture Division (CG–5212), 

Coast Guard; telephone 202–372–1370, 

e-mail Thomas.D.Jordan@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Ms. Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Basis and Purpose 

IV. Background 

V. Discussion of Comments and Changes 

A. Discussion of Public Comments 

B. Discussion of Changes 

VI. Regulatory Analyses 

A. Executive Order 12866 and Executive 

Order 13563 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

WReier-Aviles on DSKGBLS3C1PROD with RULES