53772 Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Rules and Regulations 

Guard commissioned, warrant or petty 

officer of the U.S. Coast Guard who has 

been designated by the Captain of the 

Port Sector New York (COTP), to act on 

his or her behalf. The designated 

representative may be on an official 

patrol vessel or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(2) Official Patrol Vessels. Official 

patrol vessels may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP. 

(3) Spectators. All persons and vessels 

not registered with the event sponsor as 

participants or official patrol vessels. 

(d) Regulations. (1) The general 

regulations contained in 33 CFR 165.23, 

as well as the following regulations, 

apply. 

(2) No vessels, except for event 

coordinators and support vessels, will 

be allowed to transit the safety zone 

without the permission of the COTP. 

Vessels not associated with the event 

that are permitted to enter the regulated 

areas shall maintain a separation of at 

least 100 yards from the participants. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or the designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light, or other means, the operator of a 

vessel shall proceed as directed. Failure 

to comply with a lawful direction may 

result in expulsion from the regulated 

area, citation for failure to comply, or 

both. 

(4) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the COTP or the 

designated representative via VHF 

channel 16 or 718–354–4353 (Sector 

New York command center) to obtain 

permission to do so. 

(5) Spectators or other vessels shall 

not anchor, block, loiter, or impede the 

transit of event participants or official 

patrol vessels in the regulated areas 

during the effective dates and times, 

unless authorized by COTP or the 

designated representative. 

(6) The COTP or the designated 

representative may delay or terminate 

any marine event in this subpart at any 

time it is deemed necessary to ensure 

the safety of life or property. 

Dated: August 20, 2012. 

G.A. Loebl, 

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

Port New York. 

[FR Doc. 2012–21717 Filed 8–31–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2012–0380; FRL– 9723–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Washington; Determination of Clean 

Data for the 2006 24-Hour Fine 

Particulate Standard for the Tacoma, 

Pierce County Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a final 

determination that the Tacoma, Pierce 

County nonattainment area (hereafter 

referred to as ‘‘Tacoma, Pierce County’’ 

or ‘‘the area’’) has clean data for the 

2006 24-hour fine particulate matter 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). This determination 

is based upon complete, qualityassured, quality-controlled, and 

certified ambient air monitoring data 

showing that the area has monitored 

attainment of the 2006 PM2.5 NAAQS 

based on the 2009–2011 data available 

in EPA’s Air Quality System (AQS) 

database. EPA’s determination relieves 

the area from the requirements to 

submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning State Implementation Plans 

(SIPs) related to attainment of the 

standard for so long as the area 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. 

DATES: Effective Date: This final rule is 

effective on October 4, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R10–OAR–2012–0380. 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 EPA Region 10, Office 

of Air, Waste and Toxics, 1200 Sixth 

Avenue, Seattle WA, 98101. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Hunt at telephone number: (206) 553– 

0256, email address: hunt.jeff@epa.gov, 

or the above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

I. What action is EPA taking? 

II. What is the effect of this action? 

III. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is making a final determination 

that the Tacoma, Pierce County 

nonattainment area has clean data for 

the 2006 24-hour PM2.5 NAAQS. This 

determination is based upon complete, 

quality-assured, quality-controlled, and 

certified ambient air monitoring data 

showing that the area has monitored 

attainment of the 2006 PM2.5 NAAQS 

based on 2009–2011 monitoring data. 

On July 5, 2012 (77 FR 39657), EPA 

proposed a determination of clean data 

for the Tacoma, Pierce County 

nonattainment area. A discussion of the 

rationale behind this determination and 

the effect of the determination were 

included in the notice of proposed 

rulemaking. EPA received no comments 

on this notice of proposed rulemaking. 

II. What is the effect of this action? 

Under the provisions of EPA’s PM2.5

implementation rule (See 40 CFR 

51.1004(c)), the requirements for the 

Tacoma, Pierce County nonattainment 

area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(including reasonably available control 

technology), a reasonable further 

progress plan, contingency measures, 

and any other planning SIPs related to 

attainment of the 2006 PM2.5 NAAQS 

are suspended for so long as the area 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. If EPA subsequently 

determines that the area violates the 24- 

hour 2006 PM2.5 NAAQS, the basis for 

the suspension of the specific 

requirements, set forth at 40 CFR 

51.1004(c), would no longer exist and 

the area would thereafter have to 

address the pertinent requirements. 

This action does not constitute a 

redesignation of the area to attainment 

for the 24-hour 2006 PM2.5 NAAQS 

under section 107(d)(3) of the Clean Air 

Act (CAA). Further, this action does not 

involve approving a maintenance plan 

for the area as required under section 

175A of the CAA, nor does it find that 

the area has met all other requirements 

for redesignation. Even after this 

determination of attainment by EPA, the 

designation status of the area is 

nonattainment for the 24-hour 2006 

PM2.5 NAAQS until such time as EPA 


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Federal Register / Vol. 77, No. 171 / Tuesday, September 4, 2012 / Rules and Regulations 53773 

determines that the area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the area. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

This action makes a determination of 

attainment based on air quality, and will 

result in the suspension of certain 

Federal requirements, and will 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 rulemaking that the 

Tacoma, Pierce County PM2.5

nonattainment area has clean data for 

the 2006 24-hour PM2.5 standard does 

not impose substantial direct costs on 

tribal governments or preempt tribal law 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

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 

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 November 5, 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 clean data determination for the 

24-hour 2006 PM2.5 NAAQS for the 

Tacoma, Pierce County nonattainment 

area 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, 

Particulate matter, Reporting and 

recordkeeping requirements. 

Dated: August 20, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

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 WW—Washington 

■ 2. In § 52.2475, paragraph (e)(4) is 

added to read as follows: 

§ 52.2475 Approval of plans. 

* * * * * 

(e) * * * 

(4) Tacoma 

(i) Determination of Clean Data. EPA 

has determined, as of September 4, 

2012, that based on 2009 to 2011 

ambient air quality data the Tacoma, 

Pierce County nonattainment area has 

attained the 24-hour 2006 PM2.5

NAAQS. This determination, in 

accordance with 40 CFR 51.1004(c), 

suspends the requirements for the area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as the area 

continues to meet the 24-hour 2006 

PM2.5 NAAQS. 

(ii) [Reserved] 

* * * * * 

[FR Doc. 2012–21560 Filed 8–31–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0236; FRL–9711–2] 

Revisions to the California State 

Implementation Plan, South Coast Air 

Quality Management District 

(SCAQMD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

a revision to the SCAQMD portion of 

the California State Implementation 

Plan (SIP). This action was published on 

June 1, 2012 and concerns particulate 

matter (PM) emissions from cement 

manufacturing facilities. We are 

approving a local rule that regulates this 

emission source under the Clean Air Act 

as amended in 1990 (CAA or the Act). 

DATES: This rule will be effective on 

October 4, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0236 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 


sroberts on DSK5SPTVN1PROD with RULES