Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 42945 

§ 165.T09–0304 Safety Zone; LD4 Optic 

Ground Wire Crossing, St. Clair River; St. 

Clair, MI. 

(a) Location. A safety zone is 

established to include all U.S. navigable 

waters of the St. Clair river, St. Clair, 

MI, between the following two lines 

from bank-to-the U.S./Canadian border: 

The first line is drawn directly across 

the channel from position 42°46.139′ N., 

082°28.233′ W. (NAD 83); the second 

line, to the south, is drawn directly 

across the channel from position 

42°45.799′ N., 082°28.251′ W. (NAD 83). 

(b) Enforcement period. The regulated 

area described in paragraph (a) will be 

enforced during a one hour period of 

time between 7 a.m. through 7 p.m. on 

September 12, 2017. In the event of 

inclement weather the regulated area 

will be enforced during a one hour 

period of time between 7 a.m. through 

7 p.m. on September 13, 2017. 

(c) Regulations. (1) No recreational 

vessel or person may enter, transit 

through, or anchor within the safety 

zone unless authorized by the Captain 

of the Port Detroit, or his on-scene 

representative. 

(2) The safety zone is closed to all 

recreational traffic, except as may be 

permitted by the Captain of the Port 

Detroit or his on-scene representative. 

The safety zone shall not impede the 

safe navigation of commercial vessels. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Detroit is any 

Coast Guard commissioned, warrant or 

petty officer or a Federal, State, or local 

law enforcement officer designated by 

or assisting the Captain of the Port 

Detroit to act on his behalf. 

(4) Vessel operators shall contact the 

Captain of the Port Detroit or his onscene representative to obtain 

permission to enter or operate within 

the safety zone. The Captain of the Port 

Detroit or his on-scene representative 

may be contacted via VHF Channel 16 

or at 313–568–9464. Vessel operators 

given permission to enter or operate in 

the regulated area must comply with all 

directions given to them by the Captain 

of the Port Detroit or his on-scene 

representative. 

Dated: September 7, 2017. 

Jeffrey W. Novak, 

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

Port, Detroit. 

[FR Doc. 2017–19404 Filed 9–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0672] 

Safety Zone; Allegheny River miles 

0.0–0.25, Ohio River mile 0.0–0.1, 

Monongahela River mile 0.0–0.1; 

Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the subject safety zone for the Pittsburgh 

Steelers Fireworks on all navigable 

waters of the Allegheny River miles 0.0 

to 0.25, Ohio River mile 0.0 to 0.1, 

Monongahela River mile 0.0 to 0.1, 

extending the entire width of the rivers. 

The zone is needed to protect vessels 

transiting the area and event spectators 

from the hazards associated with the 

barge-based fireworks display. During 

the enforcement period, entry into, 

transiting, or anchoring in the safety 

zone is prohibited to all vessels not 

registered with the sponsor as 

participants or official patrol vessels, 

unless specifically authorized by the 

Captain of the Port Marine Safety Unit 

Pittsburgh (COTP) or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.801 Table 1, Sector Ohio Valley, No. 

57 will be enforced on November 16, 

2017, November 26, 2017, and 

December 10, 2017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST1 

Jennifer Haggins, Marine Safety Unit 

Pittsburgh, U.S. Coast Guard; telephone 

412–221–0807, email 

Jennifer.L.Haggins@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone for 

the Pittsburgh Steelers fireworks on the 

Allegheny River, Monongahela River 

and Ohio River, listed in 33 CFR 

165.801 Table 1, Sector Ohio Valley, No. 

57 on November 16, 2017, November 26, 

2017, and December 10, 2017. Entry into 

the safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. Persons or vessels 

desiring to enter into or passage through 

the safety zone must request permission 

from the COTP or a designated 

representative. If permission is granted, 

all persons and vessels shall comply 

with the instructions of the COTP or 

designated representative. 

This notice of enforcement is issued 

under authority of 33 CFR 165.801 and 

5 U.S.C. 552 (a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

this enforcement period via Local 

Notice to Mariners and updates via 

Marine Information Broadcasts. 

Dated: August 28, 2017. 

L. McClain, Jr., 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2017–19436 Filed 9–12–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2017–0251; FRL 9967–49– 

Region 7] 

Approval of Missouri Air Quality 

Implementation Plans; Final Rule; 

Determination of Attainment for the 

2010 1-Hour Primary Sulfur Dioxide 

National Ambient Air Quality Standard; 

Jefferson County Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

determine that the Jefferson County 

nonattainment area, in Missouri, has 

attained the 2010 1-hour primary Sulfur 

Dioxide (SO2) National Ambient Air 

Quality Standard (NAAQS) per the 

EPA’s Clean Data Policy. This 

determination of attainment is based 

upon complete, quality assured, and 

certified ambient air monitoring data 

from the 2014–2016 monitoring period, 

associated dispersion modeling, and 

supplemental emissions inventory 

information, which demonstrate that the 

Jefferson County area attained the 2010 

1-hour primary SO2 NAAQS. 

DATES: This final rule is effective on 

October 13, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2017–0251. 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., 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 


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42946 Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 

1 78 FR 47191 (August 5, 2013), codified at 40 

CFR 81.326. 

2Memorandum of December 14, 2004, from Steve 

Page, Director, EPA Office of Air Quality Planning 

and Standards to the EPA Air Division Directors, 

‘‘Clean Data Policy for the Fine Particle National 

Ambient Air Quality Standards.’’ This document is 

available at: http://www.epa.gov/pmdesignations/ 

guidance.htm. 

3The memorandum of April 23, 2014, from Steve 

Page, Director, EPA Office of Air Quality Planning 

and Standards to the EPA Air Division Directors 

‘‘Guidance for 1-hr SO2 Nonattainment Area SIP 

Submissions’’ provides guidance for the application 

of the clean data policy to the 2010 1-hour primary 

SO2 NAAQS. This document is available at https:// 

www.epa.gov/sites/production/files/2016-06/ 

documents/20140423guidance_nonattainment_

sip.pdf. 

4 In accordance with appendix T to 40 CFR part 

50, the 1-hour primary SO2 NAAQS is met at an 

ambient air quality monitoring site when the valid 

1-hour primary standard design value is less than 

or equal to 75 parts per billion (ppb). See 40 CFR 

50.17(b). 

5 In accordance with appendix T to 40 CFR part 

50, a 1-hour primary SO2 NAAQS design value is 

valid if it encompasses three consecutive calendar 

years of complete data. A year meets data 

completeness requirements when all 4 quarters are 

complete. A quarter is complete when at least 75 

percent of the sampling days for each quarter have 

complete data. A sampling day has complete data 

if 75 percent of the hourly concentration values, 

including state-flagged data affected by exceptional 

events which have been approved for exclusion by 

the Administrator, are reported. 

6Monitoring data must be reported, quality 

assured, and certified in accordance with the 

requirements set forth in 40 CFR part 58. 

available through https://

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

Tracey Casburn, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

(913) 551–7016, or by email at 

casburn.tracey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Background Information 

II. EPA’s Response to Comments 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. Background Information 

On June 2, 2010 (75 FR 35520), the 

EPA established a health-based 1-hour 

primary SO2 NAAQS at 75 ppb. Upon 

promulgation of a new or revised 

NAAQS, section 107(d) of the Clean Air 

Act (CAA) requires the EPA to designate 

any area that does not meet (or that 

contributes to ambient air quality in a 

nearby area that does not meet) the 

NAAQS as nonattainment. On August 5, 

2013, the EPA designated a portion of 

Jefferson County, Missouri, as 

nonattainment for the 2010 1-hour 

primary SO2 NAAQS, effective October 

4, 2013.1 The designation was based on 

2008–2010 monitoring data in 

Herculaneum, Missouri, which 

monitored violations of the standard 

(see section III of this document for 

additional monitoring information). The 

effective date of the nonattainment 

designation was October 4, 2013. This 

action established an attainment date 

five years after the effective date for the 

areas designated as nonattainment for 

the 2010 SO2 NAAQS (i.e., by October 

4, 2018). 

On February 2, 2016, the state 

submitted a request asking the EPA to 

determine that the nonattainment area 

attained the 2010 1-hour primary SO2

NAAQS per the EPA’s Clean Data 

Policy.2 3 On June 23, 2017, the EPA 

published a notice of proposed 

rulemaking (NPR) which proposed to 

approve the State’s requests. See 82 FR 

28605. Specifically, the EPA proposed 

to take the following actions: (1) 

Determine that the Jefferson County SO2

nonattainment area is attaining the 2010 

1-hour SO2 NAAQS; (2) determine that 

the Jefferson County SO2 nonattainment 

area has clean monitoring data; (3) 

suspend the requirements for the state 

to submit an attainment demonstration, 

a reasonable further progress plan, 

contingency measures, and other 

planning SIPs revisions related to 

attainment of the 2010 1-hour primary 

SO2 NAAQS until such time, if any, that 

the EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 2010 1-hour primary SO2

NAAQS. 

The details of Missouri’s submittal 

and the rationale for EPA’s proposed 

action are explained in the NPR and 

will not be restated here. 

II. EPA’s Response to Comments 

The public comment period on EPA’s 

proposed rule opened June 23, 2017, the 

date of its publication in the Federal 

Register, and closed on July 24, 2017. 

During this period, the EPA received 

one set of public comments on the NPR, 

which supported the proposed 

redesignation and provided additional 

technical information. The EPA 

acknowledges these supportive 

comments, and the additional technical 

information, however, as the comments 

were essentially in favor of the agency’s 

proposed action, the EPA is not 

responding to the individual comments. 

III. What action is EPA taking? 

The EPA is finalizing its 

determination that the Jefferson County 

2010 1-hour primary SO2 nonattainment 

area (hereby referred to as ‘‘the 

nonattainment area’’), in Missouri, has 

attained the 2010 1-hour primary SO2

NAAQS.4 This action is based on 

complete, quality assured, and certified 

ambient air monitoring data from the 

2013–2015 monitoring period, with 

additional certified monitoring data 

from 2016, associated dispersion 

modeling for the 2013–2015 emission 

years, as well as supplemental 2016 

emissions inventory information— 

which show that the nonattainment area 

has attained the 2010 1-hour primary 

SO2 NAAQS. 5 6

The EPA has made the monitoring 

data, the modeling data, the 

supplemental emissions inventory 

information and additional information 

submitted by the state to support this 

action available in the docket to this 

rulemaking through 

www.regulations.gov and/or at the EPA 

Region 7 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, a determination that 

a nonattainment area is attaining a 

NAAQS is an action that affects the 

status of a geographical area and does 

not impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A determination 

of attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been stated above. 

Moreover, the Administrator is required 

to approve a SIP submission that 

complies with the provisions of the 

CAA 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, these actions 

merely approve state law as meeting 

federal requirements and do not impose 

additional requirements beyond those 

imposed by state law. This action 

results in the suspension of certain 

Federal requirements and would not 

impose any additional requirements. 

For these reasons, 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); 


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Federal Register / Vol. 82, No. 176 / Wednesday, September 13, 2017 / Rules and Regulations 42947 

• 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 the 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 action does not apply 

on any Indian reservation land or in any 

other area where the 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 and will 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. Congressional Review Act 

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 July 11, 2016. 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 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Attainment 

determination, Incorporation by 

reference, Sulfur dioxide. 

Dated: August 24, 2017. 

Edward H. Chu, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as set forth below: 

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 AA—Missouri 

■ 2. Add § 52.1343 to read as follows: 

§ 52.1343 Control strategy: Sulfur Dioxide. 

(a) Determination of attainment. EPA 

has determined, as of September 13, 

2017, that the Jefferson County 2010 

SO2 nonattainment has attained the 

2010 SO2 1-hr NAAQS. This 

determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 2010 SO2 1-hr NAAQS. 

(b) [Reserved] 

[FR Doc. 2017–19339 Filed 9–12–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2015–0308; FRL–9965–71] 

EPTC; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of EPTC, S-ethyl 

dipropylthiocarbamate in or on grass, 

forage at 0.60 ppm and grass, hay at 0.50 

ppm. Gowan Company requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 13, 2017. Objections and 

requests for hearings must be received 

on or before November 13, 2017, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2015–0308, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Michael L. Goodis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 


sradovich on DSK3GMQ082PROD with RULES