Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41335 

significant effect on the human 

environment. This rule involves a safety 

zone with a duration of six days or until 

the search is suspended. It is 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. 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. 

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. 1231; 50 U.S.C. 191; 

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

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T14–0809 to read as 

follows: 

§ 165.T14–0809 Safety Zone; Pacific 

Ocean, North Shore Oahu, HI—Recovery 

Operations. 

(a) Location. The safety zone is 

located within the COTP Zone (See 33 

CFR 3.70–10) and will encompass all 

navigable waters extending 3 nautical 

miles in all directions from position: 

21°34.88′ N.; 158°17.90′ W. This zone 

extends from the surface of the water to 

the ocean floor. 

(b) Enforcement Period. This rule is 

effective from 1:00 p.m. (HST) on 

August 22, 2017 through 8:00 a.m. 

(HST) on September 15, 2017, or until 

salvage operations are complete, 

whichever is earlier. If the safety zone 

is terminated prior to 8:00 a.m. (HST) on 

September 15, 2017, the Coast Guard 

will provide notice via a broadcast 

notice to mariners. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.20, subpart C, 

apply to the safety zone created by this 

temporary final rule. 

(1) All persons are required to comply 

with the general regulations governing 

safety zones found in 33 CFR part 165. 

(2) Entry into or remaining in this 

zone is prohibited unless expressly 

authorized by the COTP or his 

designated representative. 

(3) Persons desiring to transit the 

safety zone identified in paragraph (a) of 

this section may contact the COTP at the 

Command Center telephone number 

(808) 842–2600 and (808) 842–2601, fax 

(808) 842–2642 or on VHF channel 16 

(156.8 Mhz) to seek permission to 

transit the zone. If permission is 

granted, all persons and vessels must 

comply with the instructions of the 

COTP or his designated representative 

and proceed at the minimum speed 

necessary to maintain a safe course 

while in the zone. 

(4) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Notice of enforcement. The COTP 

will cause notice of the enforcement of 

the safety zone described in this section 

to be made by verbal broadcasts and 

written notice to mariners and the 

general public. 

(e) Definitions. As used in this 

section, designated representative 

means any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the COTP to assist in 

enforcing the safety zone described in 

paragraph (a) of this section. 

Dated: August 22, 2017. 

M.C. Long, 

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

Port Honolulu. 

[FR Doc. 2017–18451 Filed 8–30–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0022; FRL–9967–05– 

Region 4] 

Air Plan Approval; Kentucky; 

Louisville Miscellaneous Rule 

Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On August 29, 2012, the 

Commonwealth of Kentucky, through 

the Kentucky Division for Air Quality 

(KDAQ), submitted changes to the 

Kentucky State Implementation Plan 

(SIP) on behalf of the Louisville Metro 

Air Pollution Control District (District or 

Jefferson County). The Environmental 

Protection Agency (EPA) is approving 

several changes that modify the 

District’s air quality regulations as 

incorporated into the SIP. The changes 

to the regulatory portion of the SIP that 

EPA is approving pertain to definitional 

changes, administrative amendments, 

open burning, standards of performance, 

and volatile organic compounds (VOCs). 

EPA is approving these changes because 

the Commonwealth and Jefferson 

County have demonstrated that these 

changes are consistent with the Clean 

Air Act (CAA or Act). 

DATES: This rule is effective October 2, 

2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0022. All documents in the docket 

are listed on the https://

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information 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 https://

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, 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: 

Sean Lakeman, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On August 29, 2012, KDAQ submitted 

a SIP revision to EPA for approval that 


nlaroche on DSKBBV9HB2PROD with RULES
41336 Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 

1 62 FR 27968 (May 22, 1997). 

involves changes to Jefferson County 

regulations related to acronym 

additions, administrative amendments, 

open burning, standards of performance, 

and VOCs. EPA is approving the 

changes to Jefferson County Regulation 

1.03—Abbreviations and Acronyms; 

Regulation 1.08—Administrative 

Procedures; Regulation 1.11—Control of 

Open Burning; Regulation 1.19— 

Administrative Hearings; Regulation 

6.18—Standards of Performance for 

Solvent Metal Cleaning Equipment; 

Regulation 6.43—Volatile Organic 

Compound Emission Reduction 

Requirements; and repeal Regulation 

7.18—Standards of Performance for 

New Solvent Metal Cleaning Equipment. 

This action will update Kentucky’s 

acronyms and make changes to other 

regulations approved into the SIP. The 

changes made to the regulations other 

than definitions are administrative in 

nature, including updating internal 

references. In a proposed rulemaking 

published on July 10, 2017 (82 FR 

31736), EPA proposed to approve 

Kentucky’s August 29, 2012, SIP 

revision. The details of Kentucky’s 

August 29, 2012, SIP revision and the 

rationale for EPA’s action are explained 

in the proposed rulemaking. Comments 

on the proposed rulemaking were due 

on or before August 9, 2017. EPA did 

not receive any comments on the 

proposed action. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporate 

by reference Jefferson County 

Regulation 1.03—Abbreviations and 

Acronyms, which had a state effective 

date of January 16, 2008; Regulation 

1.08—Administrative Procedures, in 

which version 13 had an effective date 

of March 21, 2010; Regulation 1.11— 

Control of Open Burning; Regulation, in 

which version 10 has an effective date 

of January 16, 2008; 1.19— 

Administrative Hearings, which has an 

effective date of January 16, 2008; 

Regulation 6.18—Standards of 

Performance for Solvent Metal Cleaning 

Equipment, which has an effective date 

of May 9, 2003; and Regulations 6.43— 

Volatile Organic Compound Emissions 

Reduction Requirements, in which 

version 5 has an effective date of 

February 15, 2006. EPA has made, and 

will continue to make, these materials 

generally available through https://

www.regulations.gov and/or at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

SIP, have been incorporated by 

reference by EPA into that plan, are 

fully federally-enforceable under 

sections 110 and 113 of the CAA as of 

the effective date of the final rulemaking 

of EPA’s approval, and will be 

incorporated by reference by the 

Director of the Federal Register in the 

next update to the SIP compilation.1

III. Final Action 

EPA is approving Kentucky’s August 

29, 2012, SIP revision, submitted on 

behalf of the District, because it is 

consistent with the CAA. EPA believes 

that all of these changes are consistent 

with section 110 of the CAA and meet 

the regulatory requirements pertaining 

to SIPs, including CAA section 110(l), 

since these changes, with the exception 

to definition changes, are administrative 

in nature and will not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress, or any other applicable 

requirement of the CAA. 

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 

Act and applicable federal regulations. 

See 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 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 

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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

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). 

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 October 30, 2017. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 


nlaroche on DSKBBV9HB2PROD with RULES
Federal Register / Vol. 82, No. 168 / Thursday, August 31, 2017 / Rules and Regulations 41337 

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, 

Nitrogen dioxide, Sulfur Dioxide, 

Reporting, Volatile organic compounds 

and recordkeeping requirements. 

Dated: August 16, 2017. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart S—Kentucky 

■ 2. Section 52.920(c) is amended under 

Table 2 by: 

■ a. Revising the entries for ‘‘1.03’’, 

‘‘1.08’’, ‘‘1.11’’, ‘‘1.19’’, ‘‘6.18’’ and 

‘‘6.43’’; and 

■ b. Removing the entry for ‘‘7.18’’. 

The revised text reads as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject 

EPA 

approval 

date 

Federal Register notice 

District 

effective 

date 

Explanation 

Reg 1—General Provisions 

*******

1.03 .................. Abbreviations and Acronyms 8/31/17 [Insert Federal Register citation].1/16/08 

* * * * * * * 

1.08 .................. Administrative Procedures ... 8/31/17 [Insert Federal Register citation].3/21/10 

* * * * * * * 

1.11 .................. Control of Open Burning ...... 8/31/17 [Insert Federal Register citation].1/16/08 

* * * * * * * 

1.19 .................. Administrative Hearings ....... 8/31/17 [Insert Federal Register citation].1/16/08 

* * * * * * * 

Reg 6—Standards of Performance for Existing Affected Facilities 

*******

6.18 .................. Standards of Performance 

for Existing Solvent Metal 

Cleaning Equipment.

8/31/17 [Insert Federal Register citation].5/9/03 

*******

6.43 .................. Volatile Organic Compound 

Reduction Requirements.

8/31/17 [Insert Federal Register citation].2/15/06 

*******

* * * * * 

[FR Doc. 2017–18421 Filed 8–30–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[GA–2017; FRL–9965–15–Region 4] 

Air Plan Approval; Georgia; Update to 

Materials Incorporated by Reference 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; notice of 

administrative change. 

SUMMARY: The Environmental Protection 

Agency (EPA) is updating the materials 

that are incorporated by reference (IBR) 

into the Georgia state implementation 

plan (SIP). The regulations affected by 

this update have been previously 

submitted by Georgia and approved by 

EPA. This update affects the materials 

that are available for public inspection 

at the National Archives and Records 

Administration (NARA) and the EPA 

Regional Office. 

DATES: This action is effective August 

31, 2017. 

ADDRESSES: SIP materials which are 

incorporated by reference into 40 CFR 

part 52 are available for inspection at 

the following locations: Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, GA 30303; and the 

National Archives and Records 

Administration. For information on the 

availability of this material at NARA, 

call 202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ 

ibr-locations.html. To view the 

materials at the Region 4 Office, EPA 

requests that you email the contact 

listed in the FOR FURTHER INFORMATION

CONTACT section. 


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