This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

829 

Vol. 80, No. 4 

Wednesday, January 7, 2015 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2013–1063] 

RIN 1625–AA11 

Regulated Navigation Area; Arthur Kill, 

NY and NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a Regulated Navigation 

Area (RNA) on the navigable waters of 

the Arthur Kill in New York and New 

Jersey. This RNA will allow the Coast 

Guard to enforce speed and wake 

restrictions and limit vessel traffic 

through the RNA during bridge 

replacement operations on the Goethals 

Bridge and during drilling, blasting, and 

dredging operations in support of the 

U.S. Army Corps of Engineers channel 

deepening project, both planned and 

unforeseen, which could pose an 

imminent hazard to persons and vessels 

operating in the area. This rule is 

necessary to provide for the safety of life 

on the navigable waters during 

construction on the Goethals Bridge and 

the channel deepening project. 

DATES: This rule is effective without 

actual notice from January 7, 2015 until 

October 31, 2018. For the purposes of 

enforcement, actual notice will be used 

from the date the rule was signed, 

December 2, 2014, until January 7, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2013–1063. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 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 

email LT Hannah Eko, Waterways 

Management, U.S. Coast Guard; 

telephone 718–354–4114, email 

hannah.o.eko@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

RNA Regulated Navigation Area 

A. Regulatory History and Information 

On September 25, 2013, a Bridge 

Permit was issued approving the 

location and plans for new construction 

of the Goethals Bridge, which spans the 

Arthur Kill. 

On April 14, 2014, we published a 

Notice of Proposed Rulemaking (NPRM) 

with respect to this rule (79 FR 20851) 

entitled Regulated Navigation Area; 

Arthur Kill, NY and NJ in the Federal 

Register. We received one comment on 

the proposed rule. The comment was 

sent on behalf of the American 

Waterways Operators (AWO), a national 

trade association for the U.S. tugboat, 

towboat, and barge industry. AWO 

made two recommendations concerning 

the proposed rule. 

The Coast Guard also held five 

navigational safety meetings concerning 

Arthur Kill 4 (AK–4) dredging and 

Goethals Bridge construction activities 

and navigational safety. The last 

meeting was held July 9, 2014. 

No public meeting was requested and 

none was held. 

B. Basis and Purpose 

Under the Ports and Waterways Safety 

Act, the Coast Guard has the authority 

to establish RNAs in defined water areas 

that are hazardous or in which 

hazardous conditions are determined to 

exist. See 33 U.S.C. 1231 and 

Department of Homeland Security 

Delegation No. 0170.1. 

The Goethals Bridge spans the Arthur 

Kill at mile 11.5. The current structure 

of the Goethals Bridge will be replaced 

with a twin span south of the existing 

bridge. Work on the bridge commenced 

in December 2013. New westbound 

construction has been underway since 

April 2013 and is expected to continue 

until December 2017. Substantial 

completion of both bridges is expected 

to occur in December 2017. Demolition 

of the main span of the currently 

existing bridge is expected to occur 

within the December 2016 to October 

2018 timeframe. 

Currently, it is unknown whether 

explosives will be utilized for 

demolition purposes or whether the 

existing span will be lowered in 

increments into barges moored in the 

Arthur Kill. Final completion of the 

bridge project is expected to occur in 

October 2018. 

Dredging activities will resume in a 

portion of the Arthur Kill from 

December 2014 until December 2015. 

These activities may potentially involve 

drilling and underwater blasting of 

bedrock in the Arthur Kill navigable 

channel. Dredging operations may 

encroach on portions of the navigable 

channel, require the relocation of lateral 

aids to navigation, and create a 

reduction in the width of the 

navigational channel. 

The Coast Guard First District 

Commander has determined that this 

construction project poses dangers to 

the maritime public and this rule is 

necessary to ensure the safe transit of 

vessels in the area, and to protect all 

persons, vessels, and the marine 

environment. 

C. Discussion of Comments, Changes 

and the Final Rule 

For the reasons discussed above, The 

Coast Guard is establishing a RNA on 

the navigable waters of the Arthur Kill 

from Port Ivory to the charted Graselli 

High Wires north of Pralls Island from 

December 2014 through October 2018. 

Construction operations are sensitive 

to water movement, and wake from 

passing vessels could pose significant 

risk of injury or death to construction 

workers. In order to minimize such 

unexpected or uncontrolled movement 

of water, the RNA will limit vessel 

speed and wake of all vessels operating 

in the vicinity of the bridge and 

dredging construction zone. This will be 

achieved by implementing a five (5) 


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knot speed limit and ‘‘NO WAKE’’ zone 

in the vicinity of the construction as 

well as providing a means to suspend 

all vessel traffic for emergent situations 

that pose imminent threat to waterway 

users in the area. The RNA will also 

protect vessels desiring to transit the 

area by ensuring that vessels are only 

permitted to transit when it is safe to do 

so. 

The Coast Guard may close the RNA 

described in this rule to all vessel traffic 

during any circumstance that poses an 

imminent threat to waterway users 

operating in the area. Complete 

waterway closures will be made with as 

much advanced notice as possible. 

Further, the speed limit of five (5) 

knots will be in effect at all times within 

the RNA and all vessels must proceed 

through the area with caution and 

operate in such a manner as to produce 

no wake unless a higher minimum 

speed is necessary to maintain bare 

steerage. The Coast Guard will rely on 

the methods described in 33 CFR 165.7 

to notify the public of the time and 

duration of any closure of the RNA. 

The Coast Guard received one 

comment during the 60-day NPRM 

comment period. The comment was 

authored by a representative of the 

American Waterway Operators and 

contained two recommendations. The 

first recommendation concerned 

notifying mariners at least 48 hours in 

advance of waterway closures on the 

Arthur Kill and ensuring that waterway 

closures last only as long as needed to 

ensure safe navigation. The second 

recommendation requested that the 

Coast Guard set up a vessel queue 

system that would allow vessels moving 

with the flood tide to access the rightof-way in the restricted portion of the 

Arthur Kill. AWO recommended that 

Vessel Traffic Service New York 

(VTSNY) administer the proposed 

queue system. 

The Coast Guard agrees with early 

notifications and will make every effort 

to notify mariners 48 hours or more in 

advance of waterway closures. We 

participated in five initial planning 

meetings with the USACE, NY and NJ 

Port Authorities, harbor and docking 

pilots, tug boat operators, and 

construction and dredge contractors 

between March and July 2014. The 

results of the meetings determined that 

there may be times when the Coast 

Guard will be unable to provide 48 

hours notice to the public. However, 

this waterway is within the VTSNY area 

and, as such, VTSNY will serve to 

communicate waterway closures and 

impacts with as much notice as 

possible. The Coast Guard’s decision to 

close the waterway will be influenced 

by the dynamic nature of the bridge 

construction, dredging process, and 

multitude of construction, drilling, and 

blasting equipment associated with the 

project. The associated hazardous 

conditions necessitate that all mariners 

comply with this RNA, as the 

conditions surrounding the 

construction, drilling, and blasting may 

change on a daily basis. Moreover, the 

Coast Guard will continue to meet with 

the USACE, harbor and docking pilots, 

tug boat operators, and the contractors 

to assess the need for a vessel queue 

system when the dredging and bridge 

contractors submit work plans to the 

Coast Guard. All waterway users have 

24 hour access to VTSNY for immediate 

access to the Coast Guard, and there is 

ample time for the ‘‘Harbor Safety, 

Navigation, and Operations Committee 

of New York,’’ which is composed of all 

waterway users, to address waterway 

closure or traffic management concerns 

that may arise. If a vessel queue system 

is needed, it will be administered on a 

case-by-case basis by the VTSNY. As 

such, the Coast Guard made no changes 

to the rule proposed in the NPRM based 

on comments received. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

We expect the economic impact of 

this rule to be minimal because this 

RNA only enforces a speed and wake 

restriction through a limited portion of 

the Arthur Kill, and will have limited 

traffic restrictions during operations 

involving bridge construction and 

dredging, both planned and unforeseen 

therefore causing only a minimal delay 

to a vessel’s transit. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. 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 received zero 

comments from the Small Business 

Administration on this rule. 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 

would affect the following entities, 

some of which might be small entities: 

the owners or operators of vessels 

intending to transit or anchor in a 

portion of the Arthur Kill from 

December 2014 to October 2018. 

The Coast Guard expects no 

significant economic impact on a 

substantial number of small entities, as 

mentioned in the Regulatory Planning 

and Review section above, because this 

rule only requires vessels to reduce their 

speed through a limited portion of the 

Arthur channel and will have limited 

traffic restrictions during operations 

involving bridge construction, both 

planned and unforeseen therefore 

causing only a minimal delay to a 

vessel’s transit. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104– 

121), we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

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. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 


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Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Rules and Regulations 831 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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. 

8. 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. 

9. 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. 

10. 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. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this 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 determined that 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 involves the 

establishment of an RNA on portions of 

the Arthur Kill. This rule is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

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. 

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

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T01–1063 to read as 

follows: 

§ 165.T01–1063 Regulated Navigation 

Area; Arthur Kill, NY and NJ. 

(a) Location. The following area is a 

Regulated Navigation Area (RNA): All 

navigable waters from Port Ivory to 

Grasselli High Wires north of Pralls 

Island in the Arthur Kill; bounded in 

the northeast by a line drawn from 

position 40°38′43.260′′ N, 

074°10′47.208′′ W; to a point in position 

40°38′52.152′′ N, 074°10′47.748′′ W; and 

bounded in the southwest by a line 

drawn from position 40°37′8.940′′ N, 

074°12′19.116′′ W; to a point in position 

40°37′03.252′′ N, 074°12′02.052′′ W. All 

geographic coordinates are North 

American Datum of 1983 (NAD 83). 

(b) Regulations. (1) The general 

regulations contained in 33 CFR 165.10, 

165.11, and 165.13 apply within the 

RNA. 

(2) Any vessel transiting through the 

RNA must make a direct passage. No 

vessel may stop, moor, anchor or loiter 

within the RNA at any time unless they 

are working on the bridge construction. 

Movement within the RNA is subject to 

a ‘‘Slow-No Wake’’ speed limit. All 

vessels may not produce a wake and 

may not attain speeds greater than five 

(5) knots unless a higher minimum 

speed is necessary to maintain bare 

steerage. 

(3) There may be times that the First 

District Commander or the Captain of 

the Port (COTP) finds it necessary to 

close the RNA to vessel traffic. During 

times of limited closure, persons and 

vessels may request permission to enter 

the RNA by contacting the COTP or the 

COTP’s on-scene representative on 

VHF–16 or via phone at 718–354–4353. 

(4) Any vessels transiting in the RNA 

must comply with all directions given to 

them by the COTP or the COTP’s onscene representative. The ‘‘on-scene 

representative’’ of the COTP is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on the COTP’s 

behalf. The on-scene representative may 

be on a Coast Guard vessel; or other 

designated craft; or on shore and 

communicating with a VTSNY 

Watchstander or vessels via VHF–FM 

radio or loudhailer. Members of the 

Coast Guard Auxiliary may be present to 

inform vessel operators of this 

regulation. 

(5) All other relevant regulations, 

including but not limited to the Rules of 

the Road, as codified in 33 CFR 

subchapter E, Inland Navigational 

Rules, remain in effect within the RNA 

and must be strictly followed at all 

times. 


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832 Federal Register / Vol. 80, No. 4 / Wednesday, January 7, 2015 / Rules and Regulations 

(6) Vessel Movement Reporting 

System (VMRS) users are prohibited 

from meeting or overtaking other vessels 

when transiting alongside an active 

work area where dredging and drilling 

equipment are being operated. 

(c) Effective and enforcement period. 

This regulation is effective and 

enforceable 24 hours a day from 12:01 

a.m. on December 2, 2014 until 11:59 

p.m. on October 31, 2018. 

(d) Notification. The Coast Guard will 

rely on the methods described in 33 

CFR 165.7 to notify the public of the 

time and duration of any closure of the 

RNA. Violations of this RNA may be 

reported to the COTP at 718–354–4353 

or on VHF-Channel 16. 

Dated: December 2, 2014. 

L.L. Fagan, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 2014–29856 Filed 1–6–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2014–0753; FRL–9921–40– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Nonattainment New Source Review 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the Alaska State 

Implementation Plan (SIP) submitted by 

the Commissioner of the Alaska 

Department of Environmental 

Conservation (ADEC) on December 11, 

2009, November 29, 2010, December 10, 

2012, January 28, 2013, July 1, 2014, 

and October 24, 2014, to meet Clean Air 

Act (CAA) requirements. These 

revisions update Alaska’s adoption by 

reference of the Federal preconstruction 

permitting regulations for large 

industrial (major source) facilities 

located in designated nonattainment 

areas, referred to as the Nonattainment 

New Source Review (major NNSR) 

program. The major NNSR program is 

designed to ensure that major stationary 

sources of air pollution are constructed 

or modified in a manner that is 

consistent with attainment and 

maintenance of the National Ambient 

Air Quality Standards (NAAQS). 

DATES: This final rule is effective on 

February 6, 2015. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2014–0753. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which 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 http://

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–150, 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Donna Deneen at (206) 553–6706, 

deneen.donna@epa.gov, or by using the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

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

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The EPA proposed action on revisions 

to the Alaska SIP related to major NNSR 

in a notice of proposed rulemaking 

published on November 4, 2014 (79 FR 

65366). In general, the revisions update 

the adoption by reference of 40 CFR 

51.165 in 18 AAC 50.040(i), which is 

relied on as part of Alaska’s 

nonattainment area major stationary 

source permit provisions in 18 AAC 

50.311. The revisions were submitted by 

ADEC on December 11, 2009, November 

29, 2010, December 10, 2012, January 

28, 2013, July 1, 2014, and October 24, 

2014. Please see EPA’s November 4, 

2014 proposed rulemaking (79 FR 

65366) for further explanation of the 

revisions and the basis for our approval. 

II. Response to Comments 

The EPA received one comment letter 

on the November 4, 2014 (79 FR 65366), 

proposed rule. The comment letter, 

submitted by ADEC, states that it 

supports the EPA’s proposed action. 

The EPA acknowledges ADEC’s support 

of this action. 

III. Final Action 

Provisions the EPA Is Approving and 

Incorporating by Reference 

Consistent with the discussion and 

analysis in the proposed rulemaking 

published on November 4, 2014, the 

EPA is approving into the SIP at 40 CFR 

part 52, subpart C, 18 AAC 50.040(i) and 

18 AAC 50.990, as in effect on 

November 9, 2014. Where the same 

provision has been amended on 

multiple occasions and submitted in 

more than one submittal, we are 

approving the most recently submitted 

amendment to any particular provision. 

IV. Statutory and Executive Order 

Reviews 

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, the 

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 Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 


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