48913 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices ammonium has a common mechanism of toxicity with other substances or how to include this pesticide in a cumulative risk assessment. Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, glufosinate ammonium does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance petition, therefore, it has not been assumed that glufosinateammonium has a common mechanism of toxicity with other substances.

E. Safety Determination 1. U. S. population. Using the conservative assumptions described above and based on the completeness and reliability of the toxicity data, it is concluded that chronic dietary exposure to the registered and proposed uses of glufosinate ammonium will utilize at most 3.2% of the chronic population adjusted dose for the U. S. population. The actual exposure is likely to be significantly less than predicted by this analysis as data and models that are more realistic are developed. Exposures below 100% of the PAD are generally assumed to be of no concern because the PAD represents the level at or below which daily aggregate exposure over a lifetime will not pose appreciable risk to human health. The acute population of concern, female 13+ utilizes 13% of the aPAD. This is a Tier I highly conservative assessment and actual exposure is likely to be far less. DWLOCs based on dietary exposures are greater than the conservative estimated levels, and would be expected to be well below the 100% level of the reference dose, if they occur at all. EPA has concluded that it is not appropriate to aggregate non dietary exposures with dietary exposures in a risk assessment because the toxicity end points are different. Therefore, there is a reasonable certainty that no harm will occur to the U. S. population from aggregate exposure ( food, drinking water and nonresidential) to residues of glufosinate ammonium and metabolites. 2. Infants and children. The toxicological data base is sufficient for evaluating prenatal and postnatal toxicity for glufosinate ammonium. There are no prenatal or postnatal susceptibility concerns for infants and children, based on the results of the rat and rabbit developmental toxicity studies and the 2   generation reproduction study. Based on clinical signs of neurological toxicity in short and intermediate dermal toxicity studies with rats, EPA has determined that an added FQPA safety factor of 3x is appropriate of assessing the risk of glufosinate ammonium derived residues in crop commodities. Using the conservative assumptions described in the exposure section above, the percent of the chronic population adjusted dose that will be used for exposure to residues of glufosinateammonium in food for children 1   2 ( the most highly exposed sub group) is 12%. Infants utilize 11.6% of the chronic PAD. As in the adult situation, DWLOCs are higher than the worst case EDWC and are expected to use well below 100% of the PAD, if they occur at all. Therefore, there is a reasonable certainty that no harm will occur to infants and children from aggregate exposure to residues of glufosinateammonium

F. International Tolerances Maximum residue limits for glufosinate ammonium and metabolites in or on rice commodities have not been established by the Codex Alimentarius Commission.

[ FR Doc. 03   20897 Filed 8   14   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ OPPT   2003   0050; FRL   7323   6]

Certain New Chemicals; Receipt and Status Information AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: Section 5 of the Toxic Substances Control Act ( TSCA) requires any person who intends to manufacture ( defined by statute to include import) a new chemical ( i. e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5( d)( 2) and 5( d)( 3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice ( PMN) or an application for a test marketing exemption ( TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from July 14, 2003 to July 31, 2003, consists of the PMNs and TME, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the docket ID number OPPT   2003   0050 and the specific PMN number or TME number, must be received on or before September 15, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Barbara Cunningham, Director, Environmental Assistance Division, Office of Pollution Prevention and Toxics ( 7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 202) 554   1404; e mail address: TSCAHotline epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply to Me?

This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of This Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPPT   2003   0050. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, Rm. B102 Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is ( 202) 566   1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is ( 202) 566   0280.

VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 OPPT 2003 0050 0001 RECEIVED OPPT NCIC 2003 Aug 15 7: 58AM 48914 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. 1. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number and specific PMN number or TME number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 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. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPPT   2003   0050. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to oppt. ncic@ epa. gov, Attention: Docket ID Number OPPT   2003   0050 and PMN Number or TME Number. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your email address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Document Control Office ( 7407M), Office of Pollution Prevention and Toxics ( OPPT), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001. 3. By hand delivery or courier. Deliver your comments to: OPPT Document Control Office ( DCO) in EPA East Building Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: Docket ID Number OPPT   2003   0050 and PMN Number or TME Number. The DCO is open from 8 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The telephone number for the DCO is ( 202) 564   8930.

D. How Should I Submit CBI To the Agency?

Do not submit information that you consider to be CBI electronically through EPA's electronic public docket or by e mail. You may claim information that you submit to EPA as CBI by marking any part or all of that information as CBI ( if you submit CBI on disk or CD ROM, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is CBI). Information so marked will not be VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48915 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices disclosed except in accordance with procedures set forth in 40 CFR part 2. In addition to one complete version of the comment that includes any information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket and EPA's electronic public docket. If you submit the copy that does not contain CBI on disk or CD ROM, mark the outside of the disk or CD ROM clearly that it does not contain CBI. Information not marked as CBI will be included in the public docket and EPA's electronic public docket without prior notice. If you have any questions about CBI or the procedures for claiming CBI, please consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide copies of any technical information and/ or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide. 5. Provide specific examples to illustrate your concerns. 6. Offer alternative ways to improve the notice or collection activity. 7. Make sure to submit your comments by the deadline in this document. 8. To ensure proper receipt by EPA, be sure to identify the docket ID number assigned to this action and the specific PMN number you are commenting on in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

II. Why is EPA Taking this Action?

Section 5 of TSCA requires any person who intends to manufacture ( defined by statute to include import) a new chemical ( i. e., a chemical not on the TSCA Inventory to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5( d)( 2) and 5( d)( 3) of TSCA, EPA is required to publish a notice of receipt of a PMN or an application for a TME and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from July 14, 2003 to July 31, 2003, consists of the PMNs and TME, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period.

III. Receipt and Status Report for PMNs and TME This status report identifies the PMNs and TME, both pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. If you are interested in information that is not included in the following tables, you may contact EPA as described in Unit II. to access additional non CBI information that may be available. In Table I of this unit, EPA provides the following information ( to the extent that such information is not claimed as CBI) on the PMNs received by EPA during this period: The EPA case number assigned to the PMN; the date the PMN was received by EPA; the projected end date for EPA's review of the PMN; the submitting manufacturer; the potential uses identified by the manufacturer in the PMN; and the chemical identity.

I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/ 14/ 03 TO 07/ 31/ 03 Case No. Received Date Projected Notice End Date Manufacturer/ Importer Use Chemical P   03   0686 07/ 15/ 03 10/ 12/ 03 Lynx Chemical Group, LLC ( S) Scale and corrosion inhibitor for downhole oilfield applications ( G) Ammonium salt of phosphonomethylated diamine P   03   0687 07/ 15/ 03 10/ 12/ 03 Lynx Chemical Group, LLC ( S) Scale and corrosion inhibitor for downhole oilfield applications ( G) Potassium salt of phosphonomethylated diamine P   03   0688 07/ 15/ 03 10/ 12/ 03 CBI ( G) Pigment dispersant ( G) Phosphated polyalkoxylate P   03   0689 07/ 15/ 03 10/ 12/ 03 CBI ( G) Open, non dispersive use ( G) Blocked isocyanate P   03   0690 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, a phenol, maleic anhydride, formaldehyde and pentaerythritol P   03   0691 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, a phenol, formaldehyde and pentaerythritol P   03   0692 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, phenols, maleic anhydride, formaldehyde and pentaerythritol VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48916 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/ 14/ 03 TO 07/ 31/ 03   Continued Case No. Received Date Projected Notice End Date Manufacturer/ Importer Use Chemical P   03   0693 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, phenols, formaldehyde and pentaerythritol P   03   0694 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, a phenol, maleic anhydride, formaldehyde and pentaerythritol, metal salts.

P   03   0695 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, phenols, formaldehyde, maleic anhydride and pentaerythritol P   03   0696 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, phenols, formaldehyde and pentaerythritol P   03   0697 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, alkylphenol, formaldehyde, maleic anhydride and pentaerythritol P   03   0698 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, alkylphenols, formaldehyde, maleic anhydride and pentaerythritol P   03   0699 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, alkylphenol, formaldehyde, maleic anhydride and pentaerythritol P   03   0700 07/ 16/ 03 10/ 13/ 03 CBI ( S) The pmn substances function as binders in lithographic and publication gravure printing inks, as follows Heatset web offset printing inks; sheetfed quickset printing inks; publication gravure printing inks ( G) Rosin, polymer with a monocarboxylic acid, a phenol, maleic anhydride, formaldehyde and glycerine P   03   0701 07/ 16/ 03 10/ 13/ 03 CBI ( G) Ingredients for use in consumer products: Highly dispersive ( G) Methylene bicycloalkane P   03   0702 07/ 16/ 03 10/ 13/ 03 CBI ( G) Ingredients for use in consumer products: Highly dispersive ( G) Trialkyl oxathiane P   03   0703 07/ 16/ 03 10/ 13/ 03 CBI ( G) Redispersible powder ( G) Water redispersible actionic acrylic copolymer P   03   0704 07/ 16/ 03 10/ 13/ 03 CBI ( G) Commercial and consumer use in an article ( G) Pyrazolotriazol derivative P   03   0705 07/ 17/ 03 10/ 14/ 03 CBI ( G) Polymeric add mixture for cements ( G) Polycarboxylate polymer with alkenyloxyalkylol modified poly( oxyalkylenediyl), calcium potassium salt VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48917 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/ 14/ 03 TO 07/ 31/ 03   Continued Case No. Received Date Projected Notice End Date Manufacturer/ Importer Use Chemical P   03   0706 07/ 17/ 03 10/ 14/ 03 CBI ( G) Polymeric add mixture for cements ( G) Alkylcarboxyalkenyl dihydroxyalkylate, polymer with carboxyalkenyl and alkylalkenyl sodium sulfonate, calcium salt P   03   0707 07/ 17/ 03 10/ 14/ 03 CBI ( G) Polymeric add mixture for cements ( G) Alkylcarboxyalkenyl polymer with carboxyalkenyl dihydroxyalkylate and alkylalkenyl sulfonate sodium salt P   03   0714 07/ 18/ 03 10/ 15/ 03 CBI ( G) Solution additive ( G) Aluminum alkoxide complex P   03   0715 07/ 21/ 03 10/ 18/ 03 Lonza Inc. ( S) Metal treating Chemical; corrossion inhibitor in process equipment; surfactant in hard cleaning applications ( G) Dialkyl dimethyl ammonium carbonate ( 1: 1)

P   03   0716 07/ 21/ 03 10/ 18/ 03 Lonza Inc. ( S) Metal treating Chemical; corrossion inhibitor in process equipment; surfactant in hard cleaning applications ( G) Dialkyl dimethyl ammonium carbonate ( 2: 1)

P   03   0717 07/ 22/ 03 10/ 19/ 03 CBI ( G) Industrial crosslinker ( G) Alcohol blocked polymeric isocyanate P   03   0718 07/ 22/ 03 10/ 19/ 03 CBI ( G) Surfactant/ dispersant ( G) Aminated polypropylene glycol formate P   03   0719 07/ 22/ 03 10/ 19/ 03 Forbo Adhesives, LLC ( G) Hot melt polyurethane adhesive ( G) Isocyanate functional polyester polyether urethane polymer P   03   0720 07/ 22/ 03 10/ 19/ 03 CBI ( G) Open, non dispersive ( resin) ( G) Aromatic polyisocyanate P   03   0721 07/ 22/ 03 10/ 19/ 03 CBI ( G) Industrial coatings binder ( G) Aminated epoxy formates P   03   0722 07/ 23/ 03 10/ 20/ 03 CBI ( G) Thermal transfer ink ribbon ( G) Pyrazolone derivative P   03   0723 07/ 23/ 03 10/ 20/ 03 Ciba Specialty Chemicals Corporation, Textile Effects ( S) Exhaust dyeing of polyester fibers ( G) Substituted alkylamino phenyl azo substitute isoindole P   03   0724 07/ 23/ 03 10/ 20/ 03 The Dow Chemical Company ( S) Surfactant for waterbourne epoxy dispersions ( G) Polyetherester diepoxide P   03   0725 07/ 23/ 03 10/ 08/ 03 The Dow Chemical Company ( S) Surfactant for waterbourne epoxy dispersions ( G) Polyetherester diepoxide P   03   0726 07/ 23/ 03 10/ 08/ 03 The Dow Chemical Company ( S) Surfactant for waterbourne epoxy dispersions ( G) Polyetherester diepoxide P   03   0727 07/ 23/ 03 10/ 08/ 03 The Dow Chemical Company ( S) Surfactant for waterbourne epoxy dispersions ( G) Polyetherester diepoxide P   03   0728 07/ 23/ 03 10/ 20/ 03 CBI ( G) Polyol component in polyester resin synthesis  destructive use ( G) Polyester polyol P   03   0729 07/ 24/ 03 10/ 21/ 03 CBI ( G) Component of batteries ( G) Alkyleneoxide derivatives P   03   0730 07/ 24/ 03 10/ 21/ 03 CBI ( G) Ingredients for use in consumer products: Highly dispersive ( G) Tert cycloalkanol P   03   0731 07/ 24/ 03 10/ 21/ 03 CBI ( G) Sealant component ( G) Polypropylene glycol, polymer with a carbomonocyclic diisocyanate, substitutedtrialkoxysilane blocked P   03   0732 07/ 25/ 03 10/ 22/ 03 CBI ( S) Industrial coating for plastic, metal, wood ( G) Copolymer based on methacrylic acid esters P   03   0733 07/ 25/ 03 10/ 22/ 03 CBI ( G) Open, non dispersive ( resin used in coatings applications) ( G) Aspartic ester P   03   0734 07/ 25/ 03 10/ 22/ 03 Scotia Ventures, L. L. C. ( S) Paper coating additive; wet end paper additive ( G) Cationic polyvinyl alcohol P   03   0735 07/ 25/ 03 10/ 22/ 03 Scotia Ventures, L. L. C. ( S) Paper coating additive; wet end paper additive ( G) Cationic polyvinyl alcohol P   03   0736 07/ 25/ 03 10/ 22/ 03 Scotia Ventures, L. L. C. ( S) Paper coating additive; wet end paper additive ( G) Cationic polyvinyl alcohol P   03   0737 07/ 25/ 03 10/ 22/ 03 Scotia Ventures, L. L. C. ( S) Paper coating additive; wet end paper additive ( G) Cationic polyvinyl alcohol P   03   0739 07/ 28/ 03 10/ 25/ 03 Dow Corning Corporation ( G) Epoxy molding compound for encapsulation of semiconductor devices ( G) Epoxy functional silsesquioxane P   03   0740 07/ 24/ 03 10/ 21/ 03 The Goodyear Tire and Rubber Company ( S) Monomer ( G) Pyrrolidene, Functionzed Styrene P   03   0741 07/ 28/ 03 10/ 25/ 03 BASF Corporation ( G) Intermediate in the production of pigments ( G) Diol distillation bottoms.

P   03   0742 07/ 28/ 03 10/ 25/ 03 BASF Corporation ( G) Intermediate in the production of pigments ( G) Diol distillation bottoms.

VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48918 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices I. 61 PREMANUFACTURE NOTICES RECEIVED FROM: 07/ 14/ 03 TO 07/ 31/ 03   Continued Case No. Received Date Projected Notice End Date Manufacturer/ Importer Use Chemical P   03   0743 07/ 28/ 03 10/ 25/ 03 BASF Corporation ( G) Intermediate in the production of pigments ( G) Diol distillation bottoms.

P   03   0744 07/ 28/ 03 10/ 25/ 03 Dupont Company ( G) Molded and extruded rubber parts ( G) Modified ethylene/ acrylate polymer P   03   0745 07/ 28/ 03 10/ 25/ 03 Dupont Company ( G) Molded and extruded rubber parts ( G) Modified ethylene/ acrylate polymer P   03   0746 07/ 29/ 03 10/ 26/ 03 CBI ( G) Polymeric colorant ( G) Polymeric aromatic amine colorant P   03   0747 07/ 30/ 03 10/ 27/ 03 CBI ( G) Automotive coatings ( G) Polyacrylic resin P   03   0748 07/ 30/ 03 10/ 27/ 03 CBI ( G) Automotive coatings ( G) Polyacrylic resin P   03   0749 07/ 30/ 03 10/ 27/ 03 CBI ( G) Automotive coatings ( G) Polyacrylic resin P   03   0750 07/ 30/ 03 10/ 27/ 03 CBI ( G) Automotive coatings ( G) Polyacrylic resin P   03   0751 07/ 30/ 03 10/ 27/ 03 CBI ( G) Automotive coatings ( G) Polyacrylic resin P   03   0752 07/ 30/ 03 10/ 27/ 03 CBI ( G) Automotive coatings ( G) Polyacrylic resin In Table II of this unit, EPA provides the following information ( to the extent that such information is not claimed as CBI) on the TMEs received:

II. 1 TEST MARKETING EXEMPTION NOTICES RECEIVED FROM: 07/ 14/ 03 TO 07/ 31/ 03 Case No. Received Date Projected Notice End Date Manufacturer/ Importer Use Chemical T   03   0005 07/ 31/ 03 09/ 13/ 03 Gardere Wynne Sewell LLP ( S) For use as a cleaning solvent and insecticide carrier ( S) Alkanes, C8   C12, branched In Table III of this unit, EPA provides the following information ( to the extent that such information is not claimed as CBI) on the Notices of Commencement to manufacture received:

III. 26 NOTICES OF COMMENCEMENT FROM: 07/ 14/ 03 TO 07/ 31/ 03 Case No. Received Date Commencement/ Import Date Chemical P   01   0452 07/ 17/ 03 04/ 21/ 03 ( S) Silicon sodium strontium titanium hydroxide oxide P   01   0769 07/ 29/ 03 07/ 22/ 03 ( G) Alkylated phenothiazine/ diphenylamine mixture P   01   0770 07/ 29/ 03 07/ 22/ 03 ( G) Alkylated phenothiazine/ diphenylamine mixture P   01   0771 07/ 29/ 03 07/ 22/ 03 ( G) Alkylated phenothiazine/ diphenylamine mixture P   01   0772 07/ 29/ 03 07/ 22/ 03 ( G) Alkylated phenothiazine/ diphenylamine mixture P   02   0651 07/ 23/ 03 06/ 25/ 03 ( G) Bis( phenol), 3,3 bis( 3,4 dihydro 3phenyl 2h 1,3 benzoxazin 6 yl) derivative P   03   0032 07/ 22/ 03 07/ 14/ 03 ( G) Blocked fluoroChemical urethane P   03   0033 07/ 22/ 03 07/ 09/ 03 ( G) FluoroChemical alcohol P   03   0039 07/ 29/ 03 07/ 22/ 03 ( G) Amine stabilizer P   03   0133 07/ 24/ 03 06/ 17/ 03 ( G) Polysilazane P   03   0215 07/ 15/ 03 06/ 26/ 03 ( S) 4h 1,3,2 benzodioxabismin 4 one, 2 hydroxy P   03   0282 07/ 25/ 03 06/ 30/ 03 ( G) Amino substituted carbopolycycle P   03   0283 07/ 23/ 03 06/ 26/ 03 ( S) Adenosine, n benzoyl 5  o[ bis( 4 methoxyphenyl) phenylmethyl] 2  deoxy P   03   0296 07/ 23/ 03 06/ 26/ 03 ( S) Cytidene, n benzoyl 5  o[ bis( 4 methoxyphenyl) phenylmethyl] 2  deoxy P   03   0298 07/ 23/ 03 06/ 26/ 03 ( S) Guanosine, 5  o[ bis( 4 methoxyphenyl) phenylmethyl] 2  deoxy n( 2 methyl 1 oxopropyl) P   03   0302 07/ 15/ 03 06/ 20/ 03 ( G) Acrylic copolymer P   03   0315 07/ 16/ 03 06/ 24/ 03 ( G) Substituted polymethacrylic esters, hydrolyzed, sodium salt P   03   0331 07/ 23/ 03 06/ 26/ 03 ( S) Thymidine, 5  o[ bis( 4 methoxyphenyl) phenylmethyl] P   03   0361 07/ 21/ 03 07/ 10/ 03 ( S) 2 propenoic acid, 2 methyl, 2 hydroxyethyl ester, polymer with n[ 3 ( dimethylamino) propyl] 2 methyl 2 propenamide and 1 ethenylhexahydro 2hazepin 2 one, 2,2  azobis[ 2 methylbutanenitrile] initiated P   03   0392 07/ 21/ 03 06/ 19/ 03 ( G) Anthranilic acid derivative P   03   0400 07/ 14/ 03 06/ 10/ 03 ( G) Substituted anthracene ester P   03   0430 07/ 28/ 03 07/ 02/ 03 ( G) Polymer of methylene diphenyl diisocyanate, polyether polyol and a polyester polyol P   03   0442 07/ 24/ 03 06/ 26/ 03 ( G) Polysiloxazane P   03   0459 07/ 18/ 03 07/ 10/ 03 ( G) Carboxylated modified poly( oxyalkylenediyl), calcium salt P   92   0830 07/ 24/ 03 07/ 16/ 03 ( S) 4 isobutyl benzaldehyde VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1 48919 Federal Register / Vol. 68, No. 158 / Friday, August 15, 2003 / Notices III. 26 NOTICES OF COMMENCEMENT FROM: 07/ 14/ 03 TO 07/ 31/ 03   Continued Case No. Received Date Commencement/ Import Date Chemical P   93   0563 07/ 22/ 03 04/ 13/ 98 ( G) Alkoxylated alkyl phenol List of Subjects Environmental protection, Chemicals, Premanufacturer notices.

Dated: August 12, 2003. Sandra R. Wilkins, Acting Director, Information Management Division, Office of Pollution Prevention and Toxics. [ FR Doc. 03   20900 Filed 8   14   03; 8: 45 am]

BILLING CODE 6560   50   S ENVIRONMENTAL PROTECTION AGENCY [ FRL   7544   2]

Mission Foods Corporation   Administrative Consent Agreement and Final Order; Notice of Proposed Administrative Consent Agreement and Final Order Pursuant to Section 311( B)( 6) of the Clean Water Act AGENCY: Environmental Protection Agency. ACTION: Notice, request for public comments.

SUMMARY: In accordance with section 311( b)( 6)( C) of the Clean Water Act, (`` CWA''), 33 U. S. C. 1321( b)( 6)( C), notice is hereby given of a proposed Consent Agreement and Final Order (`` CA/ FO,'' Region 9 Docket No. OPA 9   2003   0003), which resolves penalties for alleged violations of sections 311( b)( 3) and 311( j) of the CWA. The respondent to the CA/ FO is the Mission Foods Corporation, a California corporation. Through the proposed CA/ FO, the Mission Foods Corporation will pay $ 60,000 to the Oil Spill Liability Trust Fund as a penalty for alleged violations involving the discharge of oil into waters of the United States, and the failure to prepare and maintain Spill Prevention, Control and Countermeasure plans. The penalty included in this CA/ FO was calculated in accordance with the Agency's guidance document, Civil Penalty Policy for Section 311( b)( 3) and Section 311( j) of the Clean Water Act, dated August 21, 1998. For thirty ( 30) days following the date of publication of this Notice, the Agency will receive written comments relating to the proposed CA/ FO. Any person who comments on the proposed CA/ FO shall be given notice of any hearing held and a reasonable opportunity to be heard and to present evidence. If no hearing is held regarding comments received, any person commenting on this proposed CA/ FO may, within 30 days after the issuance of the final order, petition the Agency to set aside the CA/ FO, as provided by section 311( b)( 6)( C)( iii) of the CWA, 33 U. S. C. 1321( b)( 6)( C)( iii). DATES: Comments must be submitted on or before September 15, 2003. ADDRESSES: The proposed CA/ FO may be obtained from Laurie Williams, telephone ( 415) 972   3867. Comments regarding the proposed CA/ FO should be addressed to Danielle Carr ( ORC   1) at 75 Hawthorne Street, San Francisco, California 94105, and should reference the Mission Foods Corporation and Region 9 Docket No. OPA 9   2003   0003. FOR FURTHER INFORMATION CONTACT: Laurie Williams ( ORC   3), Office of Regional Counsel, U. S. Environmental Protection Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105, ( 415) 972   3867.

Dated: August 6, 2003. Daniel Meer, Acting Director, Superfund Division, Region 9. [ FR Doc. 03   20896 Filed 8   14   03; 8: 45 am]

BILLING CODE 6560   50   P ENVIRONMENTAL PROTECTION AGENCY [ FRL   7544   9]

Public Water System Supervision Program Revision for the State of Colorado AGENCY: Environmental Protection Agency ( EPA). ACTION: Notice.

SUMMARY: The State of Colorado has revised its Public Water System Supervision ( PWSS) primacy program by adopting regulations for the Interim Enhanced Surface Water Treatment Rule ( IESWTR), Disinfectants/ Disinfection Byproducts Rule ( D/ DBPR), Radionuclides Rule, revisions to the Variances and Exemptions Rule, Administrative Penalty Authority, Definition of `` Public Water System,'' and the Public Notification Rule ( PNR). Having determined that these revisions meet all pertinent requirements in the Safe Drinking Water Act ( SDWA), and EPA's implementing regulations, the EPA approves them. Today's approval action does not extend to public water systems in Indian country. Please see SUPPLEMENTARY INFORMATION, Item B. DATES: Any member of the public is invited to submit written comments and/ or request a public hearing on this determination by September 15, 2003. Please see SUPPLEMENTARY INFORMATION, Item C, for information on submitting comments and requesting a hearing. If no hearing is requested or granted, then this action shall become effective September 15, 2003. If a public hearing is requested and granted, then this determination shall not become effective until such time following the hearing as the Regional Administrator ( RA) issues an order affirming or rescinding this action. ADDRESSES: Written comments and requests for a public hearing should be addressed to: Robert E. Roberts, Regional Administrator, c/ o Qian Zhang ( 8P   W   MS), U. S. EPA, Region 8, 999 18th Street, Suite 300, Denver, CO 80202   2466. All documents relating to this determination are available for inspection at the following locations: ( 1) U. S. EPA, Region 8, Municipal Systems Unit, 999 18th Street ( 4th Floor), Denver, CO 80202   2466; ( 2) Colorado Department of Public Health and Environment ( CDPHE), Drinking Water Section, 4300 Cherry Creek Drive South, Denver, CO. FOR FURTHER INFORMATION CONTACT: Qian Zhang, Municipal Systems Unit, EPA, Region 8 ( 8P   W   MS), 999 18th Street, Suite 300, Denver, CO 80202   2466, 303   312   6267. SUPPLEMENTARY INFORMATION: EPA approved Colorado's application for assuming primary enforcement authority for the PWSS program, pursuant to section 1413 of SDWA, 42 U. S. C. 300g   2, and 40 CFR part 142. CDPHE administers Colorado's PWSS program. The State of Colorado has revised its PWSS primacy program by adopting regulations for the IESWTR ( December 16, 1998, 63 FR 69478   69521), D/ DBPR ( December 16, 1998, 63 FR 69390   69476), Radionuclides Rule ( December 7, 2000, 65 FR 76708), revisions to the Variances and VerDate jul< 14> 2003 16: 08 Aug 14, 2003 Jkt 200001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\ FR\ FM\ 15AUN1. SGM 15AUN1


[Federal Register Volume 77, Number 122 (Monday, June 25, 2012)]
[Rules and Regulations]
[Pages 37812-37816]
[FR Doc No: 2012-14955]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2008-0177; FRL-9689-5]

Approval and Promulgation of Air Quality Implementation Plans;
South Carolina; Emissions Statements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve a portion of a
State Implementation Plan (SIP) revision submitted on April 29, 2010,
by the State of South Carolina, through the Department of Health and
Environmental Control (SC DHEC), to meet the emissions statements
requirement for the York County portion of the bi-state Charlotte-
Gastonia-Rock Hill, North Carolina-South Carolina 1997 8-hour ozone
nonattainment area. The Charlotte-Gastonia-Rock Hill, North Carolina-
South Carolina 1997 8-hour ozone nonattainment area (hereafter referred
to as the ``bi-state Charlotte Area'') is comprised of Cabarrus,
Gaston, Lincoln, Mecklenburg, Rowan, Union and a portion of Iredell
(Davidson and Coddle Creek Townships) Counties in North Carolina;

and a portion of York County (i.e., the boundary for the Rock Hill-Fort
Mill Area Transportation Study) in South Carolina. EPA is addressing
the emissions statements requirement for the North Carolina portion of
this Area in a separate action. This action is being taken pursuant to
section 110 and section 182 of the Clean Air Act (CAA or Act).

DATES: This direct final rule is effective August 24, 2012 without
further notice, unless EPA receives adverse comment by July 25, 2012.
If EPA receives such comments, it will publish a timely withdrawal of
the direct final rule in the Federal Register and inform the public
that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number, ``EPA-
R04-OAR-2008-0177,'' by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2008-0177,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief,
Regulatory Development Section, Air Planning Branch, Air, Pesticides
and Toxics Management Division, U.S. Environmental Protection Agency,
Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's 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 Number, ``EPA-R04-
OAR-2008-0177.'' EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 through
www.regulations.gov or email, information that you consider to be CBI
or otherwise protected. The 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 email comment directly to EPA without
going through www.regulations.gov, your email 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. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. 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 available either electronically in www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
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 to 4:30, excluding
federal holidays.

FOR FURTHER INFORMATION CONTACT:  Ms. Sara Waterson of the Regulatory
Development Section, in the Air Planning 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<PHONE_NUMBER>. Ms. Sara Waterson can be reached
via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. What is the background for EPA's action?
II. What is EPA's analysis of the emissions statements for South
Carolina?
III. Final Action
IV. Statutory and Executive Order Reviews

I. What is the background for EPA's action?

    On July 18, 1997, EPA promulgated a revised national ambient air
quality standard (NAAQS or standard) for ozone, setting the standard at
0.08 parts per million (ppm) averaged over an 8-hour time frame.\1\
This revised standard was established based on scientific evidence
demonstrating that ozone causes adverse health effects at lower ozone
concentrations and over longer periods of time.\2\
---------------------------------------------------------------------------

    \1\ EPA notes that the Agency issued a revised 8-hour ozone
standard on March 27, 2008 (73 FR 16436). Today's action, however,
relates to the 1997 ozone standard. The designation and
implementation process for the 2008 standard does not relate to this
action.
    \2\ When the pre-existing 1-hour ozone standard was promulgated
(62 FR 38856), the risks associated with exposure to lower
concentrations of ozone over longer periods of time was less
understood.
---------------------------------------------------------------------------

    On April 30, 2004, EPA published designations and classifications
for the revised 1997 8-hour ozone standard (69 FR 23858). These actions
became effective on June 15, 2004. South Carolina was required to
develop nonattainment SIP revisions addressing the CAA requirements for
its nonattainment areas. Among other things, South Carolina was
required to address the emissions statements requirement pursuant to
CAA section 182(a)(3)(B).
    Section 182(a)(3)(B)(i) of the CAA, requires states with areas
designated nonattainment for the ozone NAAQS (under subpart 2 of the
Act) to submit within 2 years of designations a SIP revision to require
emissions statements to be submitted annually by nitrous oxides
(NOX) and volatile organic compound (VOC) sources to the
state within that nonattainment area. Section 182(a)(3)(B)(ii) provides
criteria for waiving the application of clause (i) to sources which
emit less than 25 tons per year of NOX or VOC.
    In a March 14, 2006, memorandum from Thomas C. Curran, Director Air
Quality Assessment Division to EPA Regional Air Division Directors
(Curran Memo),\3\ EPA clarified that the emissions statements
requirement under CAA section 182(a)(3)(B), is applicable to all areas
designated nonattainment for the 1997 8-hour ozone NAAQS and classified
marginal or higher under subpart 2, part D, title I of the CAA.
Consistent with EPA's interpretation of

the submission period for other subpart 2 obligations, the Curran Memo
provides that the 2-year submission period for the emissions statements
rule for the 1997 8-hour ozone standard will run from the date an area
was designated nonattainment and classified under subpart 2 for the 8-
hour standard. Thus, states were required to submit their emissions
statements rule by June 15, 2006, and the rule is required to provide
that sources submit their first emissions statements to the state by no
later than June 15, 2007 (for the 2006 calendar year). The Curran Memo
further provides that if an area has a previously approved emissions
statements rule for the 1-hour standard that covers all portions of the
designated 1997 8-hour ozone nonattainment area, such rule will
generally be sufficient for purposes of the emissions statements
requirement for the 1997 8-hour ozone standard.
---------------------------------------------------------------------------

    \3\ The March 14, 2006, Curran Memo can be found at http://www.epa.gov/ttnchie1/eidocs/eiguid/8hourozone_naaqs_031406.pdf.
---------------------------------------------------------------------------

    On April 29, 2010, South Carolina submitted an attainment
demonstration \4\ and associated reasonably available control measures,
a reasonable further progress (RFP) plan, contingency measures,
emissions statement, a 2002 base year emissions inventory and other
planning SIP revisions related to attainment of the 1997 8-hour ozone
NAAQS for its portion of the bi-state Charlotte Area. On November 15,
2011, EPA determined the bi-state Charlotte Area attained the 1997 8-
hour ozone NAAQS; and subsequently, on March 7, 2012, EPA determined
that the bi-state Charlotte Area attained the 1997 8-hour ozone NAAQS
by the applicable attainment date. See 76 FR 70656, and 77 FR 13493,
respectively. Therefore, on January 12, 2012, South Carolina withdrew
its portion of the bi-state Charlotte Area's attainment demonstration
(the RFP, emissions statements, and the emissions inventory submittals,
however, were not withdrawn) pursuant to 40 CFR 51.918. In today's
action, EPA is approving the emissions statements portion of the
attainment demonstration submitted by the State of South Carolina on
April 29, 2010, as required by section 182(a)(3)(B). EPA will take
action on the RFP and emissions inventory of South Carolina's April 29,
2010, SIP revision in separate actions.
---------------------------------------------------------------------------

    \4\ South Carolina withdrew an August 31, 2007, attainment
demonstration SIP for its portion of the bi-state Charlotte Area on
December 22, 2008. On April 29, 2010, South Carolina resubmitted the
attainment demonstration SIP for its portion of the bi-state
Charlotte Area.
---------------------------------------------------------------------------

II. What is EPA's analysis of the emissions statements for South
Carolina?

    The April 29, 2010, SIP revision states that South Carolina has the
authority to require annual emissions statements and is taking specific
actions to comply with the emissions statements requirements for any
class or category of stationary sources that emits 25 tons per year or
more of VOCs or NOX. Section VI. Moderate Nonattainment
Requirements of the April 29, 2010, SIP revision states that the South
Carolina portion of the moderate nonattainment area shall make
submissions prescribed under the CAA section 182(a) and will comply
with these mandates. Furthermore, South Carolina ``has and is
requiring, receiving, and archiving'' emissions statements. SC DHEC has
created a Web site at http://www.scdhec.gov/environment/baq/OzoneNonattainmentReporting/ to assist in this effort. SC DHEC provided
a letter to EPA on May 4, 2012, to further clarify the State's
emissions statements requirements. The May 4, 2012, letter can be found
in the docket for today's action. EPA has evaluated South Carolina's
April 29, 2010, SIP revision as it relates to the emissions statements
requirement and has made the determination that it meets the
requirements of CAA section 182(a)(3)(B).

III. Final Action

    EPA is taking direct final action to approve a portion of a SIP
revision, submitted on April 29, 2010, by the State of South Carolina,
through the SC DHEC, to meet the emissions statements requirement for
the 1997 8-hour ozone NAAQS. This action is being taken pursuant to
section 110 and section 182 of the CAA.
    EPA is publishing this rule without prior proposal because the
Agency views this as a non-controversial revision and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comment be filed. This rule will be effective on August 24,
2012 without further notice unless the Agency receives adverse comment
by July 25, 2012. If EPA receives such comments, then EPA will publish
a document withdrawing the final rule and informing the public that the
rule will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. EPA
will not institute a second comment period on this action. Any parties
interested in commenting must do so at this time. If no such comments
are received, the public is advised this rule will be effective on
August 24, 2012 and no further action will be taken on the proposed
rule.

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. 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 final action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     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, this 1997 8-hour ozone NAAQS emissions statement's
final approval for the bi-state Charlotte Area does not have tribal
implications as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000), because the determination does not have substantial
direct effects on an Indian Tribe. The Catawba Indian Nation
Reservation is located within the South Carolina portion of the bi-
state Charlotte Area. Generally SIPs do not apply in Indian country
throughout the United States. However, for purposes of the Catawba
Indian Nation Reservation in Rock Hill, the South Carolina SIP does
apply within the Reservation. Pursuant to the Catawba Indian Claims
Settlement Act, S.C. Code Ann. 27-16-120, ``all state and local
environmental laws and regulations apply to the Catawba Indian Nation
and Reservation and are fully enforceable by all relevant state and
local agencies and authorities.'' Pursuant to Executive Order 13175 and
the EPA Policy on Consultation and Coordination with Indian Tribes, in
a letter dated October 13, 2011, EPA extended the opportunity for
consultation between EPA and Catawba. Consultation with the Catawba
Tribe began on October 14, 2011, and ended on October 31, 2011. The
views and concerns raised by the Catawba Indian Nation during
consultation have been taken into account in this final rule.
Furthermore, EPA notes today's action will not 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 August 24, 2012. 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking. 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, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 8, 2012.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart PP--South Carolina

0
2. Section 52.2120(e), is amended by adding a new entry for ``South
Carolina portion of bi-state Charlotte; 1997 8-Hour Ozone Emissions
Statement'' at the end of the table to read as follows:

Sec.  52.2120  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved South Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                          State effective
               Provision                        date            EPA approval date             Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
South Carolina portion of bi-state             04/29/2010   6/25/2012 [Insert          Applicable to the 1997 8-
 Charlotte; 1997 8-Hour Ozone Emissions                      citation of publication].  hour Ozone boundary in
 Statement.                                                                             York County only (Rock
                                                                                Hill-Fort Mill Area
                                                                                Transportation Study
                                                                                Metropolitan Planning
                                                                                Organization Area).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2012-14955 Filed 6-22-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89579-89581]
[FR Doc No: 2023-28632]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0845]
RIN 1625-AA00

Safety Zone; Marina Del Rey, California

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is adding two events to the table regarding
``Southern California Annual Firework Events for the Los Angeles Long
Beach Captain of the Port Zone''. The additions are temporary safety
zones, one for the Marina del Rey Annual Boat Parade Fireworks Show and
another for the Marina Del Rey New Year's Eve Fireworks Display. Entry
into these zones is prohibited during the annual events in order to
provide for the safety of the waterway users and to keep them clear of
potential harmful debris within the fallout zone.

DATES: This rule is effective without actual notice December 28, 2023.
For the purposes of enforcement, actual notice will be used from
December 20, 2023, until December 28, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0845 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email LCDR Kevin Kinsella, U.S. Coast Guard Sector Los Angeles-
Long Beach; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On October 5, 2023, Los Angeles County notified the Coast Guard
that it will be conducting its annual boat parade firework display
during the second weekend in December, as well as its New Year's Eve
fireworks display on December 31st each year. In both events, the
fireworks will be launched from Marina del Rey's South Jetty that runs
between Ballona Creek and the entrance to Marina del Rey, CA. In
response, on November 30, 2023, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Safety Zone; Marina Del Rey,
California'' (88 FR 83511). There we stated why we issued the NPRM and
invited comments on our proposed regulatory action related to this
fireworks display. During the comment period that ended December 15,
2023, we received 2 supportive comments.
    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. Delaying the effective date of
this rule would be impracticable because immediate action is needed to
ensure potential hazards associated with the fireworks are not a safety
concern for anyone within a 1000-foot radius of the pyrotechnics
platform during the annual December New Year's events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Los Angeles-Long Beach (COTP) has
determined that potential hazards associated with the fireworks to be
used in these annual fireworks events to be a safety concern for anyone
within a 1000-foot radius of the pyrotechnics platform. The purpose of
this rule is to ensure safety of vessels and the navigable waters
within a 1000-foot radius of the fireworks platform before, during, and
after the annual events for this year and future years.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received 2 comments in support of our NPRM
published on November 30, 2023. Both commenters supported the need for
the safety zone around the firework events to prevent injury and
protect vessels from debris. There are no changes in the regulatory
text of this rule from the proposed rule in the NPRM.
    This rule establishes two recurring safety zones that will be
enforced prior, during, and after two annual firework events. The COTP
is adding two events to Table 1 to 33 CFR 165.1125 for Southern
California Annual Firework Events for the Los Angeles-Long Beach
Captain of the Port zone. The temporary safety zones will take place
annually in the Marina Del Rey Harbor Channel Entrance for
approximately two hours each on the second weekend in December and on
New Year's Eve, December 31st. The safety zone will cover all navigable
waters within 1000 feet of the fireworks launch site on Marina del
Rey's South Jetty that runs between Ballona Creek and the entrance to
Marina del Rey, CA. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled annual fireworks displays. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around these safety zones before and
after the fireworks displays, which will impact the entrance of Marina
del Rey and Ballona Creek for a short two-hour window during the
evenings when vessel traffic is normally low. Moreover, the Coast Guard
will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16
about the zone, and the rule allows vessels to seek permission to enter
the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 no comments from the Small Business
Administration on this rulemaking. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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 two
safety zones lasting a few hours each that will prohibit entry within
1,000 feet of a fireworks launch platform in Marina del Rey, CA. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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, 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. In Sec.  165.1125, amend Table 1 to Sec.  165.1125 by adding entries
for items 14 and 15 to read as follows:

Sec.  165.1125  Southern California Annual Firework Events for the Los
Angeles Long Beach Captain of the Port zone.

* * * * *

                       Table 1 to Sec.   165.1125
------------------------------------------------------------------------

------------------------------------------------------------------------

                              * * * * * * *
                14. Holiday Fireworks, Los Angeles County
------------------------------------------------------------------------
Sponsor...........................  Los Angeles County, CA.
Event Description.................  Fireworks Display.
Date..............................  Second weekend in December.
Location..........................  Marina Del Ray, CA.
Regulated Area....................  1,000-foot radius zone around the
                                     firework display located
                                     approximately: 33[deg]57'45'' N,
                                     118[deg]27'21'' W on the Marina Del
                                     Rey South Jetty.
------------------------------------------------------------------------
             15. New Years Eve Fireworks, Los Angeles County
------------------------------------------------------------------------
Sponsor...........................  Los Angeles County, CA.
Event Description.................  Fireworks Display.
Date..............................  December 31.
Location..........................  Marina Del Rey, CA.
Regulated Area....................  1,000-foot radius zone around the
                                     firework display located
                                     approximately: 33[deg]57'45'' N,
                                     118[deg]27'21'' W on the Marina Del
                                     Rey South Jetty.
------------------------------------------------------------------------

    Dated: December 21, 2023.
T.P. McNamara,
Commander, U.S. Coast Guard, Acting Captain of the Port, Los Angeles-
Long Beach.
[FR Doc. 2023-28632 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P