25766 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 

coordination with waterway users, it 

has been determined that these closures 

will not have a significant effect on 

navigation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 26, 2010. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2010–10947 Filed 5–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0239] 

RIN 1625–AA00 

Safety Zones; Marine Events Within 

the Captain of the Port Sector Northern 

New England Area of Responsibility 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing eight safety zones for 

marine events within the Captain of the 

Port Sector Northern New England area 

of responsibility for regattas, power boat 

races, parades, and fireworks displays. 

This action is necessary to provide for 

the safety of life on navigable waters 

during the events. Entry into, transit 

through, mooring or anchoring within 

these zones is prohibited unless 

authorized by the Captain of the Port 

Sector Northern New England. 

DATES: This rule is effective in the CFR 

on May 10, 2010 through 11:59 p.m. on 

September 29, 2010. This rule is 

effective with actual notice for purposes 

of enforcement beginning at 10 a.m. on 

May 1, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0239 and are available online by going 

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

USCG–2010–0239 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also 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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail Lieutenant Junior Grade Laura 

van der Pol, Waterways Management 

Division at Coast Guard Sector Northern 

New England, telephone 207–741–5421, 

e-mail Laura.K.vanderPol1@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

publishing a NPRM is impractical as the 

Coast Guard did not receive notification 

of the specific location or planned dates 

for the events in sufficient time to issue 

a NPRM without delaying this 

rulemaking. Further, it is contrary to 

public interest to delay the effective 

date of this rule. Delaying the effective 

date by first publishing a NPRM and 

holding a comment period would be 

contrary to the rule’s objectives of 

ensuring safety of life on the navigable 

waters during these scheduled events as 

immediate action is needed to protect 

persons and vessels from the hazards 

associated with vessels participating in 

regattas, races and parades as well as the 

hazardous nature of fireworks including 

unexpected detonation and burning 

debris. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. In addition to the reasons 

stated above, this rule is intended to 

ensure the safety of the event 

participants, spectators and other 

waterway users thus any delay in the 

rule’s effective date would be 

impractical. 

Basis and Purpose 

Marine events are frequently held on 

the navigable waters within the area of 

responsibility for Captain of the Port 

Sector Northern New England. These 

events include sailing regattas, parades, 

power boat races, fireworks displays, 

and other vessel races. Based on the 

nature of the events, large number of 

participants and spectators, and the 

event locations, the Coast Guard has 

determined that the events listed in this 

rule could pose a risk to participants or 

waterway users if normal vessel traffic 

were to interfere with the event. 

Possible hazards include risks of 

participant injury or death resulting 

from near or actual contact with nonparticipant vessels traversing through 

the safety zones. In order to protect the 

safety of all waterway users including 

event participants and spectators, this 

temporary rule establishes safety zones 

for the time and location of each event. 

This rule prevents vessels from 

entering, transiting, mooring or 

anchoring within areas specifically 

designated as safety zones during the 

periods of enforcement unless 

authorized by the Captain of the Port or 

designated on-scene patrol personnel. 

On-scene patrol personnel may be 

comprised of local, state or federal 

officials authorized to act in support of 

the Coast Guard. 

The Coast Guard has ordered safety 

zones or special local regulations for all 

of these eight areas for past events and 

has not received public comments or 

concerns regarding the impact to 

waterway traffic from these annual 

events. 

Discussion of Rule 

This temporary rule creates safety 

zones for all navigable waters within the 

described area of each event as follows: 

A safety zone 50 yards in radius from 

all participants in the Downeast 

Adventure Race on the St. Croix River 

in Calais, Maine to be enforced from 10 

a.m. to 2 p.m. on May 1, 2010; a safety 

zone of 350 yard radius from the 

Hampton Beach Fireworks launch site 

in the vicinity of Hampton Beach, New 

Hampshire to be enforced from 8 p.m. 

to 10:30 p.m. every Saturday, Sunday, 

and Wednesday from May 5, 2010, 

through September 29, 2010; a safety 

zone 50 yards in radius around all 

participants in the Tall Ships visit to 

Portsmouth Regatta and Parade in the 

vicinity of Portsmouth Harbor, New 

Hampshire, to be enforced from 10 a.m. 

through 7 p.m. on May 28, 2010 through 

May 31, 2010; a safety zone 50 yards in 

radius around all participants in the Bar 

Harbor Blessing of the Ships in the 

vicinity of Bar Harbor, Maine to be 

enforced from 12 p.m. through 1:30 p.m. 

on June 6, 2010; a safety zone 50 yards 

in radius around all participants in the 

Boothbay Harbor Lobster Boat Races in 

Boothbay Harbor, Maine to be enforced 

from 10 a.m. until 3 p.m. on June 19, 

2010; a safety zone 50 yards in radius 


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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 25767 

around all participants in the Rockland 

Harbor Lobster Boat Races in the 

vicinity of Rockland Harbor, Maine, to 

be enforced from 10 a.m. until 3 p.m. on 

June 20, 2010; a safety zone 50 yards in 

radius around all participants in the 

Windjammer Days Parade of Ships in 

the vicinity of Boothbay Harbor, Maine, 

to be enforced from 12 p.m. until 5 p.m. 

on June 22 and 23, 2010; a safety zone 

350 yards in radius from the fireworks 

launch site in the vicinity of Boothbay 

Harbor, Maine, for the Windjammer 

Days Fireworks to be enforced from 8 

p.m. until 10:30 p.m. on June 23, 2010. 

As large numbers of spectator vessels 

are expected to congregate around the 

location of these events, the safety zones 

are needed to protect both spectators 

and participants from the safety hazards 

created by the event. During the 

enforcement period of the safety zones, 

persons and vessels will be prohibited 

from entering, transiting, remaining 

within, anchoring or mooring within the 

zone unless specifically authorized by 

the Captain of the Port or his designated 

representatives. The Coast Guard may 

be assisted by other federal, state and 

local agencies in the enforcement of 

these safety zones. 

The Coast Guard determined that 

these safety zones will not have a 

significant impact on vessel traffic due 

to the temporary nature and limited size 

of the safety zones and the fact that 

vessels are allowed to transit the 

navigable waters outside of the safety 

zones. 

Advanced public notifications will 

also be made to the local maritime 

community by the Local Notice to 

Mariners as well as Broadcast Notice to 

Mariners. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

The Coast Guard determined that this 

rule is not a significant regulatory action 

for the following reasons: The safety 

zones will be of limited duration, they 

cover only a small portion of the 

navigable waterways, and the events are 

designed to avoid, to the extent 

possible, deep draft, fishing, and 

recreational boating traffic routes. In 

addition, vessels requiring entry into the 

area of the safety zones may be 

authorized to do so by the Captain of the 

Port. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

the designated safety zones during the 

enforcement periods stated for each 

event in the List of Subjects. 

The safety zones will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The safety zones 

will be of limited size and of short 

duration, and vessels that can safely do 

so may navigate in all other portions of 

the waterways except for the areas 

designated as safety zones. 

Additionally, before the effective 

period, the Coast Guard will issue 

notice of the time and location of each 

safety zone through a Local Notice to 

Mariners and Broadcast Notice to 

Mariners. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 


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25768 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this temporary rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction as this rule 

involves establishing safety zones. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for Part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–0239 to read as 

follows: 

§ 165.T01–0239 Safety zones; Marine 

events within the Captain of the Port Sector 

Northern New England Area of 

Responsibility. 

(a) Safety zones. (1) The following 

areas are designated safety zones: 

(2) Locations. For all fireworks events 

listed in the events table in this 

paragraph (a)(2), all navigable waters 

within a 350 yard radius of the 

fireworks launch site. For all power boat 

races, regattas, boat parades, rowing 

races, and paddling boat races, all 

vessels not associated with the event 

must maintain a 50 yard radius around 

all vessels participating in the event. 

EVENTS TABLE

5.0 MAY 

5.1 Downeast Adventure Race ........................ Event Type: Rowing and paddling boat race. 

Sponsor: Washington County Community College. 

Date: May 1, 2010. 

Enforcement Time: 10 am to 2 pm. 

Location: The regulated area includes all U.S. waters in the Saint Croix River from the launch 

site in Calais, Maine at approximate position 45°11′24′′ N, 067°16′48′′ W (NAD 83), following 

the river bank to the end site at position 44°10′07′′ N, 067°14′29′′ W (NAD 83). 

5.2 Hampton Beach Fireworks ......................... Event Type: Fireworks display. 

Sponsor: Hampton Beach Village District. 

Dates: Every Wednesday, Saturday and Sunday from May 5, 2010 through September 29, 

2010, as specified in the USCG District 1 Local Notice to Mariners at: http:// 

www.navcen.uscg.gov/LNM/default.htm. 

Enforcement Time: 8 pm to 10:30 pm. 

Location: In the vicinity of the Hampton Beach, New Hampshire waterfront in approximate position 42°54′33′′ N, 070°48′38′′ W (NAD 83). 

5.3 Tall Ships Visiting Portsmouth ................... Event Type: Regatta and boat parade. 

Sponsor: Portsmouth Maritime Commission, Inc. 

Date: May 28 through May 31, 2010 Enforcement Time: 10 am to 7 pm. 

Location: The regulated area includes all waters of Portsmouth Harbor, New Hampshire within 

the following points (NAD 83): 

43°03′11′′ N 070°42′26′′ W 

43°03′18′′ N 070°41′51′′ W 

43°04′42′′ N 070°42′11′′ W 

43°04′28′′ N 070°44′12′′ W 

43°05′36′′ N 070°45′56′′ W 

43°05′29′′ N 070°46′09′′ W 

43°04′19′′ N 070°44′16′′ W 


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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 25769 

EVENTS TABLE—Continued 

5.0 MAY 

43°04′22′′ N 070°42′33′′ W 

6.0 JUNE 

6.1 Bar Harbor Blessing of the Fleet ............... Event Type: Regatta and boat parade. 

Sponsor: Town of Bar Harbor, Maine. 

Date: June 6, 2010. 

Enforcement Time: 12 pm to 1:30 pm. 

Location: The regulated area includes all waters of Bar Harbor, Maine within the following 

points (NAD 83): 

44°23′32′′ N 068°12′19′′ W 

44°23′30′′ N 068°12′00′′ W 

44°23′37′′ N 068°12′00′′ W 

44°23′35′′ N 068°12′19′′ W 

6.2 Boothbay Harbor Lobster Boat Races ....... Event Type: Power boat race. 

Sponsor: Boothbay Harbor Lobster Boat Race Committee. 

Date: June 19, 2010. 

Enforcement Time: 10 am to 3 pm. 

Location: The regulated area includes all waters of Boothbay Harbor, Maine within the following points (NAD 83): 

43°50′04′′ N 069°38′37′′ W 

43°50′54′′ N 069°38′06′′ W 

43°50′49′′ N 069°37′50′′ W 

43°50′00′′ N 069°38′20′′ W 

6.3 Rockland Harbor Lobster Boat Races ....... Event Type: Power boat race. 

Sponsor: Rockland Harbor Lobster Boat Race Committee. 

Date: June 20, 2010. 

Enforcement Time: 10 am to 3 pm. 

Location: The regulated area includes all waters of Rockland Harbor, Maine within the following points (NAD 83): 

44°05′59′′ N 069°04′53′′ W 

44°06′43′′ N 069°05′25′′ W 

44°06′50′′ N 069°05′05′′ W 

44°06′05′′ N 069°04′34′′ W 

6.4 Windjammer Days Parade of Ships ........... Event Type: Regatta and boat parade. 

Sponsor: Boothbay Region Chamber of Commerce. 

Date: June 22 & 23, 2010. 

Enforcement Time: 12 pm to 5 pm. 

Location: The regulated area includes all waters of Boothbay Harbor, Maine within the following points (NAD 83): 

43°51′02′′ N 069°37′33′′ W 

43°50′47′′ N 069°37′31′′ W 

43°50′23′′ N 069°37′57′′ W 

43°50′01′′ N 069°37′45′′ W 

43°50′01′′ N 069°38′31′′ W 

43°50′25′′ N 069°38′25′′ W 

43°50′49′′ N 069°37′45′′ W 

6.5 Windjammer Days Fireworks ..................... Event Type: Fireworks display. 

Sponsor: Boothbay Harbor Region Chamber of Commerce. 

Date: June 23, 2010. 

Enforcement Time: 8 pm to 10:30 pm. 

Location: In the vicinity of McFarland Island, Boothbay Harbor, Maine in approximate position 

43°50′38′′ N, 069°37′57′′ W (NAD 83). 

(b) Notification. Coast Guard Sector 

Northern New England will cause notice 

of the enforcement of these temporary 

safety zones to be made by all 

appropriate means to affect the widest 

publicity among the effected segments 

of the public, including publication in 

the Local Notice to Mariners and 

Broadcast Notice to Mariners. 

(c) Effective period. This rule is 

effective from 10 a.m. on May 1, 2010, 

through 11:59 p.m. on September 29, 

2010. 

(d) Enforcement period. This section 

will be enforced for the duration of each 

event indicated in the table in paragraph 

(a)(2) of this section. If the event is 

cancelled due to inclement weather, this 

section is in effect for the day following 

the scheduled time listed in the table 

above. Notification of events held on a 

rain date will be made by Broadcast 

Notice to Mariners. 

(e) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. During the enforcement period, 

entry into, transiting, remaining within, 

mooring or anchoring within these 

safety zones is prohibited unless 

authorized by the Captain of the Port or 

his designated representatives. 


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25770 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Rules and Regulations 

(2) These temporary safety zones are 

closed to all vessel traffic, except as may 

be permitted by the Captain of the Port 

or his designated representatives. Vessel 

operators given permission to enter or 

operate in the safety zones must comply 

with all directions given to them by the 

Captain of the Port or his designated 

representatives. Vessels that are granted 

permission by the Captain of the Port or 

designated representative to enter or 

remain within a safety zone may be 

required to be at anchor or moored to a 

waterfront facility such that the vessel’s 

location will not interfere with the 

progress of the event. At all times when 

a vessel has been granted permission to 

enter within a safety zone, it shall 

endeavor to maintain at least 50 yards 

distance from any event participant 

unless otherwise directed. 

(3) The ‘‘designated representative’’ is 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

designated by the Captain of the Port to 

act on his behalf. The designated 

representative will be aboard either a 

Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zones shall 

telephone the Captain of the Port at 

207–767–0303, or his designated 

representative via VHF Channel 16 to 

obtain permission to do so. 

(5) The Captain of the Port or his 

designated representative may delay or 

terminate any event listed in the events 

table in paragraph (a)(2) of this section 

to ensure safety. Such action may be 

required as a result of weather, vessel 

traffic density, spectator activities or 

participant behavior. 

Dated: April 27, 2010. 

J.B. McPherson, 

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

Port, Sector Northern New England. 

[FR Doc. 2010–10948 Filed 5–7–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0290; FRL–9142–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

General Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a request 

submitted by the Ohio Environmental 

Protection Agency (Ohio EPA) on March 

17, 2009, to revise the Ohio State 

Implementation Plan (SIP) under the 

Clean Air Act (CAA). The State has 

submitted revisions to rules for approval 

under Ohio Administrative Code (OAC) 

Chapter 3745–15, ‘‘General Provisions,’’ 

which include the adoption of the 

Federal definition and citation of the 

CAA, and clarifications for exemptions 

and new requirements for sources 

regulated under the Title V permitting 

program. These revisions are included 

in OAC 3745–15–01 and OAC 3745–15– 

05, respectively. 

DATES: This direct final rule will be 

effective July 9, 2010, unless EPA 

receives adverse comments by June 9, 

2010. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2009–0290, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: bortzer.jay@epa.gov. 

3. Fax: (312) 692–2054. 

4. Mail: Jay Bortzer, Chief, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

5. Hand Delivery: Jay Bortzer, Chief, 

Air Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0290. 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 docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Andy 

Chang, Environmental Engineer, at (312) 

886–0258 before visiting the Region 5 

office. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

When did the State submit the requested 

rule revisions to EPA, and did the State 

satisfy the administrative requirements 

of 40 CFR Part 51, Appendix V? 

II. Analysis of the State’s Requests 

A. OAC 3745–15–01—Definitions. 

B. OAC 3745–15–05—‘‘De Minimis’’ Air 

Contaminant Source Exemption 

III. What action is EPA taking? 


erowe on DSK5CLS3C1PROD with RULES