Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43487 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2017–0832] 

Safety Zone; Recurring Annual Event 

Held in Coast Guard Sector Boston 

Captain of the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

one safety zone within the Captain of 

the Port Boston zone on September 17, 

2017. This action is necessary to ensure 

the safety of vessels, spectators, and 

participants from hazards associated 

with swim event. During the 

enforcement period, no person or vessel, 

except for the safety vessels assisting 

with the events, may enter the safety 

zones without permission of the Captain 

of the Port (COTP) or their designated 

on-scene representative. 

DATES: The regulation in 33 CFR 

165.118 will be enforced for the safety 

zone identified in the SUPPLEMENTARY

INFORMATION section below on 

September 17, 2017, from 8:50 a.m. to 

9:50 a.m. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email Mark Cutter, 

Sector Boston Waterways Management 

Division, U.S. Coast Guard; telephone 

617–223–4000, email Mark.E.Cutter@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in Table 1 from 33 CFR 165.118 on the 

specified dates and times specified: 

TABLE 1 FROM 33 CFR 165.118 

Name Location Date Time 

9.7 Boston Harbor 

Sharkfest Swim.

All waters of Boston Inner Harbor, Piers Park East Boston to Fan 

Pier, South Boston, MA within the following points (NAD 83): 

42°21.7′ N, 071°02.1′ W; 42°21.8′ N, 071°02.4′ W; 42°21.3′ N, 

071°02.9′ W; 42°21.3′ N, 071°02.3′ W.

September 17, 2017 8:50 a.m. to 9:50 a.m. 

This notice of enforcement is issued 

under authority of 33 CFR 165.118 and 

5 U.S.C. 552(a). During the enforcement 

period, persons and vessels are 

prohibited from entering into, transiting 

through, mooring, or anchoring within 

the safety zone unless they receive 

permission from the COTP or 

designated representative. In addition to 

this notice of enforcement in the 

Federal Register, the Coast Guard plans 

to provide mariners with advanced 

notification of this enforcement period 

via the Local Notice to Mariners. 

Dated: September 12, 2017. 

B.W. Kelly, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port Boston. 

[FR Doc. 2017–19752 Filed 9–15–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2016–0208; FRL–9967–84– 

Region 4] 

Air Plan Approval; Alabama: 

Infrastructure Requirements for the 

2012 PM2.5 National Ambient Air 

Quality Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve portions of the State 

Implementation Plan (SIP) submission, 

submitted by the State of Alabama, 

through the Alabama Department of 

Environmental Management (ADEM), 

for inclusion into the Alabama SIP, on 

December 9, 2015, to demonstrate that 

the State meets the infrastructure 

requirements of the Clean Air Act (CAA 

or Act) for the 2012 annual fine 

particulate matter (PM2.5) national 

ambient air quality standard (NAAQS). 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure SIP submission.’’ ADEM 

certified that the Alabama SIP contains 

provisions that ensure the 2012 Annual 

PM2.5 NAAQS is implemented, 

enforced, and maintained in Alabama. 

EPA has determined that portions of 

Alabama’s SIP satisfy certain required 

infrastructure elements for the 2012 

Annual PM2.5 NAAQS. 

DATES: This rule will be effective 

October 18, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0208. All documents in the docket 

are listed on the 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 

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: 

Tiereny Bell, 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. Ms. Bell 

can be reached via electronic mail at 

bell.tiereny@epa.gov or via telephone at 

(404) 562–9088. 

SUPPLEMENTARY INFORMATION: 

I. Background and Overview 

On December 14, 2012, EPA 

promulgated a revised primary annual 

PM2.5 NAAQS. The standard was 

strengthened from 15.0 micrograms per 

cubic meter (mg/m3) to 12.0 mg/m3. See 

78 FR 3086 (January 15, 2013). Pursuant 

to section 110(a)(1) of the CAA, states 

are required to submit SIPs meeting the 

applicable requirements of section 

110(a)(2) within three years after 

promulgation of a new or revised 

NAAQS or within such shorter period 


sradovich on DSKBBY8HB2PROD with RULES
43488 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 

1 In these infrastructure SIP submissions States 

generally certify evidence of compliance with 

sections 110(a)(1) and (2) of the CAA through a 

combination of state regulations and statutes, some 

of which have been incorporated into the federallyapproved SIP. In addition, certain federallyapproved, non-SIP regulations may also be 

appropriate for demonstrating compliance with 

sections 110(a)(1) and (2). Throughout this 

rulemaking, unless otherwise indicated, the term 

‘‘ADEM Administrative Code (Admin. Code r).’’ 

indicates that the cited regulation has either been 

approved, or submitted for approval into Alabama’s 

federally-approved SIP. The term ‘‘Alabama Code’’ 

(Ala. Code) indicates cited Alabama state statutes, 

which are not a part of the SIP unless otherwise 

indicated. 

as EPA may prescribe. Section 110(a)(2) 

requires states to address basic SIP 

elements such as requirements for 

monitoring, basic program requirements 

and legal authority that are designed to 

assure attainment and maintenance of 

the NAAQS. States were required to 

submit such SIPs for the 2012 Annual 

PM2.5 NAAQS to EPA no later than 

December 9, 2015.1

In a proposed rulemaking published 

on June 29, 2017 (82 FR 29448), EPA 

proposed to approve portions of 

Alabama’s December 9, 2015, SIP 

submission for the 2012 Annual PM2.5

NAAQS. The details of Alabama’s 

submission and the rationale for EPA’s 

actions for this final rule are explained 

in the June 29, 2017, proposed 

rulemaking. Comments on the proposed 

rulemaking were due on or before July 

31, 2017. EPA received no adverse 

comments. 

II. Final Action 

EPA is taking final action to approve 

Alabama’s infrastructure submission 

submitted on December 9, 2015, for the 

2012 Annual PM2.5 NAAQS for the 

infrastructure SIP requirements, with 

the exception of the interstate transport 

requirements of section 110(a)(2)(D)(i)(I) 

(prongs 1 and 2) and visibility of section 

110(a)(2)(D)(i)(II) (prong 4), and the state 

board requirements of section 

110(a)(2)(E)(ii). EPA notes that the 

Agency is not approving any specific 

rule, but rather approving that 

Alabama’s already approved SIP meets 

certain CAA requirements. With respect 

to the interstate transport provisions 

pertaining to contribution to 

nonattainment or interference with 

maintenance in other states of section 

110(a)(2)(D)(i)(I) (prongs 1 and 2) and 

visibility of section 110(a)(2)(D)(i)(II) 

(prong 4), and the state board 

requirements of section 110(a)(2)(E)(ii). 

EPA will consider these requirements in 

relation to Alabama’s 2012 Annual 

PM2.5 NAAQS infrastructure submission 

in a separate rulemaking. EPA is taking 

final action to approve all other 

elements of Alabama’s infrastructure 

SIP submissions for the 2012 Annual 

PM2.5 NAAQS because the submission is 

consistent with section 110 of the CAA. 

III. 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). 

In addition, 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 November 17, 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 

enforce its requirements. See sec 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 5, 2017. 

Onis ‘‘Trey’’ Glenn III, 

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 B—Alabama 

■ 2. In § 52.50, the table in paragraph (e) 

is amended by adding the entry 

‘‘110(a)(1) and (2) Infrastructure 

Requirements for the 2012 Annual PM2.5


sradovich on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43489 

1Stage II is a system designed to capture 

displaced vapors that emerge from inside a 

vehicle’s fuel tank, when gasoline is dispensed into 

the tank. There are two basic types of Stage II 

systems, the balance type and the vacuum assist 

type. 

2On November 6, 1991, EPA designated and 

classified Jefferson County in Kentucky as a 

moderate nonattainment area for the 1-hour ozone 

NAAQS. See 56 FR 56694. The ‘‘moderate’’ 

classification triggered various statutory 

requirements for the Area, including the 

requirement pursuant to section 182(b)(3) of the 

CAA to require all owners and operators of gasoline 

dispensing systems to install and operate Stage II. 

EPA redesignated the Louisville portion of the Area 

to attainment for the 1-hour ozone NAAQS, 

effective July 31, 2002. See 67 FR 49600. 

NAAQS’’ at the end of the table to read 

as follows: 

§ 52.50 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or nonattainment area State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure 

Requirements for the 2012 

Annual PM2.5 NAAQS.

Alabama ........... 12/9/2015 9/18/2017, [insert Federal 

Register citation].

With the exception of section 110(a)(2)(D)(i)(I) 

and (II) (prongs 1, 2 and 4) and the state 

board requirements of section 

110(a)(2)(E)(ii). 

[FR Doc. 2017–19699 Filed 9–15–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2017–0014; FRL–9967–83– 

Region 4] 

Air Plan Approval; KY; Removal of 

Stage II Gasoline Vapor Recovery 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving changes to 

the Kentucky State Implementation Plan 

(SIP) submitted by the Commonwealth 

of Kentucky, through the Kentucky 

Energy and Environmental Cabinet, on 

November 10, 2016, for the Louisville 

Metro Air Pollution Control District 

(District). This SIP revision removes 

Stage II vapor control requirements for 

new and upgraded gasoline dispensing 

facilities, and allows for the 

decommissioning of existing Stage II 

equipment in Jefferson County, 

Kentucky. EPA determined that 

Kentucky’s November 10, 2016, SIP 

revision is approvable because it is 

consistent with the Clean Air Act (CAA 

or Act). 

DATES: This rule will be effective 

October 18, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2017–0014. All documents in the docket 

are listed on the 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 whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy 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: 

Kelly Sheckler, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, 

Region 4, U.S. Environmental Protection 

Agency, 61 Forsyth Street SW., Atlanta, 

Georgia 30303–8960. Ms. Sheckler’s 

telephone number is (404) 562–9222. 

She can also be reached via electronic 

mail at sheckler.kelly@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 4, 1993, the 

Commonwealth of Kentucky submitted 

a SIP revision to address the Stage II 

requirements 1 for Jefferson County, 

Kentucky.2 EPA approved that SIP 

revision, which contained changes to 

the Jefferson County portion of 

Kentucky SIP at Regulation 6.40, 

Standards of Performance for Gasoline 

Transfer to Motor Vehicle (Stage II 

Vapor Recovery and Control Systems), 

in a document published on March 6, 

1996 (61 FR 8873). On November 10, 

2016, the Commonwealth of Kentucky 

submitted a SIP revision for Regulation 

6.40, Standards of Performance for 

Gasoline Transfer to Motor Vehicle 

(Stage II Vapor Recovery and Control 

Systems). In this action, EPA is 

approving Louisville’s request to revise 

the Stage II requirements in the 

Louisville Kentucky Area. Specifically, 

it seeks to remove the Stage II 

requirements in Jefferson County, 

Kentucky, and to add requirements for 

decommissioning the stations. EPA 

published a proposed rulemaking on 

July 3, 2017, to approve this SIP 

revision. The details of Kentucky’s 

submittal and the rationale for EPA’s 

action are explained in the proposed 

rulemaking. See 82 FR 30809. The 

comment period for this proposed 

rulemaking closed on August 2, 2017. 

EPA did not receive any comments, 

adverse or otherwise, during the public 

comment period. 

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 incorporation 

by reference of Jefferson County portion 

of Kentucky, regulation 6.40, Standards 

of Performance for Gasoline Transfer to 

Motor Vehicle (Stage II Vapor Recovery 

and Control Systems), effective 

November 10, 2016, which removes 

Stage II vapor control requirements for 

new and upgraded gasoline dispensing 

facilities in Jefferson County, Kentucky. 

EPA has made, and will continue to 

make, these materials generally 

available through www.regulations.gov 

and/or at the EPA Region 4 Office 


sradovich on DSKBBY8HB2PROD with RULES