[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Notices]
[Pages 27765-27767]
[FR Doc No: 2020-09969]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2010-0056]

OSHA-7 Form (``Notice of Alleged Safety and Health Hazard'');
Extension of the Office of Management and Budget's (OMB) Approval of
Information Collection (Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements contained in the OSHA-7 Form.

DATES: Comments must be submitted (postmarked, sent, or received) by
July 10, 2020.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit a copy of your comments and
attachments to the OSHA Docket Office, Docket No. OSHA-2010-0056,
Occupational Safety and Health Administration, U.S. Department of
Labor, Room N-3653, 200 Constitution Avenue NW, Washington, DC 20210.
Deliveries (hand, express mail, messenger, and courier service) are
accepted during the OSHA Docket Office's normal business hours, 10:00
a.m. to 3:00 p.m., ET.
    Instructions: All submissions must include the agency name and the
OSHA docket number (OSHA-2010-0056) for the Information Collection
Request (ICR). All comments, including any

personal information you provide, such as social security numbers and
dates of birth, are placed in the public docket without change, and may
be made available online at http://www.regulations.gov. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the above address. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the website. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may also contact Theda Kenney at
(202) 693-2222 to obtain a copy of the ICR.

FOR FURTHER INFORMATION CONTACT: Laura Seeman, Directorate of
Enforcement Programs, OSHA, U.S. Department of Labor, telephone (202)
693-2100.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance process to provide the public with an opportunity to
comment on proposed and continuing information collection requirements
in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)). This program ensures that information is in the desired
format, the reporting burden (time and costs) is minimal, the
collection instruments are clearly understood, and OSHA's estimate of
the information collection burden is accurate. The Occupational Safety
and Health Act of 1970 (OSH Act) (29 U.S.C. 651 et seq.) authorizes
information collection by employers as necessary or appropriate for
enforcement of the OSH Act or for developing information regarding the
causes and prevention of occupational injuries, illnesses, and
accidents (29 U.S.C. 657). The OSH Act also requires OSHA to obtain
such information with a minimum burden upon employers, especially those
operating small businesses, and to reduce to the maximum extent
feasible unnecessary duplication of effort in obtaining said
information (29 U.S.C. 657).
    Under paragraphs (a) and (c) of 29 CFR 1903.11 (``Complaints by
employees''), employees and their representatives may notify the OSHA
area director or an OSHA compliance officer of safety and health
hazards regulated by the agency that they believe exist in their
workplaces at any time. These provisions state further that this
notification must be in writing and ``shall set forth with reasonable
particularity the grounds for the notice, and shall be signed by the
employee or representative of the employee.''
    In addition to providing specific hazard information to the agency,
paragraph (a) permits employees/employee representatives to request an
inspection of the workplace. Paragraph (c) also addresses situations in
which employees/employee representatives may provide the information
directly to the OSHA compliance officer during an inspection. An
employer's former employees may also submit complaints to the agency.
    To address the requirements of paragraphs (a), especially the
requirement that the information be in writing, the agency developed
the OSHA-7 Form (``Notice of Alleged Safety and Health Hazard''); this
form standardized and simplified the hazard reporting process. For
paragraph (a), they may complete an OSHA-7 Form obtained from the
agency's website and then send it to OSHA online, or deliver a hardcopy
of the form to the OSHA area office by mail or facsimile, or by hand.
They may also write a letter containing the information and hand
deliver it to the area office, or send it by mail or facsimile. In
addition, they may provide the information orally to the OSHA area
office or another party (e.g., a federal safety and health committee
for federal employees), in which case the area office or other party
completes the hard copy version of the form. For the typical situation
addressed by paragraph (c), an employee/employee representative informs
an OSHA compliance officer orally of the alleged hazard during an
inspection, and the compliance officer then incorporates that
information into the walk around inspection.
    The information on the hard copy version of the OSHA-7 Form
includes information about the employer and alleged hazards, including:
The establishment's name; the site's address and telephone and
facsimile numbers; the name and telephone number of the management
official; the type of business; a description and the specific location
of the hazards, including the approximate number of employees exposed
or threatened by the hazards; and whether or not the employee/employee
representative informed another government agency about the hazards
(and the name of the agency if so informed).
    Additional information on the hard copy version of the form
concerns the complainant, including: Whether or not the complainant is
an employee or an employee representative, or a member of a federal
safety and health committee or another party (with space to specify the
party); the complainant's name, telephone number, and address; and the
complainant's signature attesting that they believe a violation of an
OSHA standard exists at the named establishment; and the date of the
signature. An employee representative must also provide the name of the
organization they represent and their title.
    The information contained in the online version of the OSHA-7 Form
is similar to the hard copy version. However, the online version
requests the complainant's email address (the hard copy currently does
not), and does not ask for the site's facsimile number or the
complainant's signature and signature date.
    The agency uses the information collected on the OSHA-7 Form to
determine whether reasonable grounds exist to conduct an inspection of
the workplace. The description of the hazards, including the number of
exposed employees, allows the agency to assess the severity of the
hazards and the need to expedite the inspection. The completed form
also provides the employer with notice of the complaint and may serve
as the basis for obtaining a search warrant if the employer denies the
agency access to the workplace.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employees who must comply--
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend the approval of the information
collection requirements relating to the OSHA-7 Form. The agency is
requesting an adjustment decrease of 75 burden hours (from 19,258 to
19,183 burden hours). The difference is the result of an overall
decrease in estimated complaints received annually from 70,976
complaints to 68,896.
    The agency also requests an adjustment decrease in operation and
maintenance costs of $365 (from $701 to $336). The decrease occurred
due to a decrease in the estimated OSHA-7 forms being mailed from 1,430
to 610 forms.
    In addition, the ICR proposes several non-substantive editorial
revisions to the hardcopy and electronic versions of the OSHA-7 Form to
clarify instructions and modernize information sharing. The minor edits
are also requested in response to feedback from field management, as
well as to ensure consistency with current agency policies and
procedures.
    The first change, to the ``Instruction'' field box, would add the
word ``health'' to the sentence, ``If there is any particular evidence
that supports your suspicion that a hazard exists (for instance, a
recent accident or physical/health symptoms of employees at your site)
include the information in your description.'' In addition, the agency
would add to the ``Hazard Description/Location'' field box, which
states, ``Describe briefly the hazard(s) which you believe exist,'' the
new phrase, ``and on what date you last observed the hazard(s).'' The
agency also proposes to include the addition of an email address with
which to contact the agency. The hardcopy form would also be revised to
provide the complainant an opportunity to provide their email address
to the agency, as the electronic form currently provides. Other
nonsubstantive editorial changes to the forms are also proposed.
    A mark-up of the proposed changes to the English-language versions
of the form will be available in the ICR docket for public comment.
Changes made to the Spanish-language versions of the form will be
identical to the English-language versions of the form. The agency does
not believe that the proposed revisions to the complaint form will
further impact the adjusted burden hours. The agency will summarize the
comments submitted in response to this notice and will include this
summary in the request to OMB to extend the approval of the information
collection requirements.
    Type of Review: Revision of a currently approved collection.
    Title: Notice of Alleged Safety and Health Hazards (Form OSHA-7).
    OMB Control Number: 1218-0064.
    Affected Public: Individuals.
    Number of Respondents: 68,896.
    Frequency: On occasion.
    Average Time per Response: Varies.
    Estimated Number of Responses: 68,896.
    Estimated Total Burden Hours: 19,183.
    Estimated Cost (Operation and Maintenance): $336.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2010-0056) for the ICR. You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so that the agency can attach
them to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER>; TTY<PHONE_NUMBER>.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website. All submissions, including copyrighted material, are available
for inspection and copying at the OSHA Docket Office. Information on
using the http://www.regulations.gov website to submit comments and
access the docket is available at the website's ``User Tips'' link.
Contact the OSHA Docket Office for information about materials not
available through the website, and for assistance in using the internet
to locate docket submissions.

V. Authority and Signature

    Loren Sweatt, Principal Deputy Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on May 5, 2020.
Loren Sweatt,
Principal Deputy Assistant Secretary of Labor for Occupational Safety
and Health.
[FR Doc. 2020-09969 Filed 5-8-20; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55338-55340]
[FR Doc No: 2018-24203]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2016-0213, EPA-R04-OAR-2014-0767, EPA-R04-OAR-2014-0426;
FRL-9986-17-Region 4]

Air Plan Approval; KY; Minor Sources Infrastructure Requirement
for the 2012 PM2.5, 2010 NO2, and 2010 SO2 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve portions of three State Implementation Plan (SIP) submissions,
submitted by the Commonwealth of Kentucky, Energy and Environment
Cabinet, Department for Environmental Protection, through the Kentucky
Division for Air Quality (KDAQ) on April 26, 2013 (two submissions),
and February 8, 2016. The submissions address requirements for
implementation of the 2012 Fine Particulate Matter (PM2.5),
2010 Nitrogen Dioxide (NO2), and 2010 Sulfur Dioxide
(SO2) national ambient air quality standards (NAAQS). When
EPA promulgates a new or revised NAAQS, the Clean Air Act (CAA or Act)
requires the state to make a new SIP submission establishing that the
existing SIP meets the various applicable requirements, or revising the
SIP to meet those requirements. This type of SIP submission is commonly
referred to as an ``infrastructure'' SIP. In this proposed action, EPA
is proposing to approve the portions of these infrastructure SIP
submissions from Kentucky that relate to the minor source program
requirements for the 2012 PM2.5, 2010 NO2, and
2010 SO2 NAAQS.

DATES: Written comments must be received on or before December 5, 2018.

ADDRESSES: Submit your comments, identified by Docket ID Nos. EPA-R04-
OAR-2016-0213, EPA-R04-OAR-2014-0767, EPA-R04-OAR-2014-0426 at http://www.regulations.gov. Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, 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. Notarianni can be reached via electronic mail at
[email protected] or the telephone number<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    Under section 110 of the CAA, states are required to have SIPs that
provide for the implementation, maintenance, and enforcement of the
NAAQS. States are further required to make a SIP submission meeting the
applicable requirements of sections 110(a)(1) and (2) within three
years of EPA promulgating a new or revised NAAQS.\1\ EPA has
historically referred to these SIP submissions made for the purpose of
satisfying the requirements of CAA sections 110(a)(1) and 110(a)(2) as
``infrastructure SIP'' submissions. Sections 110(a)(1) and (2) require
states to address basic SIP elements such as for monitoring, basic
program requirements and legal authority that are designed to assure
attainment and maintenance of the newly established or revised NAAQS.
More specifically, section 110(a)(1) provides the procedural and timing
requirements for SIPs; section 110(a)(2) lists specific elements that
states must meet for infrastructure SIPs related to a newly established
or revised NAAQS. The contents of an infrastructure SIP submission may
vary depending upon

the data and analytical tools available to the state, as well as the
provisions already contained in the state's implementation plan at the
time in which the state develops and submits the submission for a new
or revised NAAQS.
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    \1\ See EPA's May 10, 2017, action proposing to approve other
portions of Kentucky's infrastructure SIP submittal for the 2012
PM2.5 NAAQS for a discussion of EPA's general approach to
reviewing infrastructure SIP submittals. 82 FR 21751.
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    This action pertains to one of the requirements of section
110(a)(2) that is relevant in the context of a state's development, and
EPA's evaluation of, infrastructure SIP submissions: the minor source
requirements of section 110(a)(2)(C). Specifically, this action
pertains to the Kentucky infrastructure SIP submissions for the 2012
annual primary PM2.5, 2010 primary NO2, and 2010
primary SO2 NAAQS. All other applicable infrastructure
requirements for the 2012 PM2.5, 2010 NO2, and
2010 SO2 NAAQS for Kentucky are being or have been addressed
in separate rulemakings.
    A brief background regarding the NAAQS relevant to today's proposal
is provided below. For comprehensive information on these NAAQS, please
refer to the Federal Register rulemakings cited below.

a. 2012 PM2.5 NAAQS

    On December 14, 2012 (78 FR 3086, January 15, 2013), EPA revised
the primary annual PM2.5 NAAQS. The standard was
strengthened from 15.0 micrograms per cubic meter ([mu]g/m\3\) to 12.0
[mu]g/m\3\. States were required to submit infrastructure SIP
submissions for the 2012 annual PM2.5 NAAQS to EPA no later
than December 14, 2015. For the 2012 PM2.5 NAAQS, EPA is
proposing to approve the minor source element of the infrastructure SIP
submission submitted by KDAQ on February 8, 2016.\2\
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    \2\ EPA approved portions of Kentucky's February 8, 2016,
PM2.5 infrastructure submission in a separate action. See
82 FR 37012 (August 8, 2017). EPA has not yet acted on the
interstate transport requirements of section 110(a)(2)(D)(i)(I) and
(II) (prongs 1, 2, and 4) for the 2012 PM2.5 NAAQS.
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b. 2010 NO2 NAAQS

    On January 22, 2010 (75 FR 6474, February 9, 2010), EPA established
a new 1-hour primary NAAQS for NO2 at a level of 100 parts
per billion (ppb), based on a 3-year average of the 98th percentile of
the yearly distribution of 1-hour daily maximum concentrations. States
were required to submit infrastructure SIP submissions for the 2010
NO2 NAAQS to EPA no later than January 22, 2013. For the
2010 NO2 NAAQS, EPA is proposing to approve the minor source
element of the infrastructure SIP submission submitted by KDAQ on April
26, 2013.\3\
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    \3\ EPA approved portions of Kentucky's April 26, 2013,
NO2 infrastructure submission in separate actions. See 81
FR 83152 (November 21, 2016), and 80 FR 14019 (March 18, 2015). EPA
has not yet acted on the interstate transport requirements of
section 110(a)(2)(D)(i)(I) and (II) (prongs 1, 2, and 4) for the
2010 NO2 NAAQS.
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c. 2010 SO2 NAAQS

    On June 2, 2010 (75 FR 35520, June 22, 2010), EPA revised the
primary SO2 NAAQS to an hourly standard at a level of 75
ppb, based on a 3-year average of the annual 99th percentile of 1-hour
daily maximum concentrations. States were required to submit
infrastructure SIP submissions for the 2010 1-hour primary
SO2 NAAQS (``2010 SO2 NAAQS'') to EPA no later
than June 2, 2013. For the 2010 SO2 NAAQS, EPA is proposing
to approve the minor source element of the infrastructure SIP
submission submitted by KDAQ on April 26, 2013.\4\
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    \4\ EPA approved portions of Kentucky's April 26, 2013,
SO2 infrastructure submission in a separate action. See
81 FR 87817 (December 6, 2016). EPA has not yet acted on the
interstate transport requirements of section 110(a)(2)(D)(i)(I) and
(II) (prongs 1, 2, and 4) for the 2010 SO2 NAAQS.
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II. What are States required to address under section 110(a)(2)(C)
related to the minor sources element?

    Section 110(a)(2)(C) requires SIPs to ``include a program to
provide for the enforcement of the measures described in subparagraph
(A) [i.e., enforceable emission limitations and measures], and
regulation of the modification and construction of any stationary
source within the areas covered by the plan as necessary to assure that
the [NAAQS] are achieved, including the permit program as required in
parts C and D of this subchapter.'' Generally, EPA summarizes the
requirements of 110(a)(2)(C) as requiring that SIPs address three
components: enforcement, state-wide regulation of new and modified
minor sources and minor modifications of major sources; and prevention
of significant deterioration (PSD) permitting of major sources and
major modifications in areas designated attainment or unclassifiable
for the subject NAAQS as required by CAA title I part C (i.e., the PSD
program).\5\ EPA is proposing action only on the minor source program
element of 110(a)(2)(C) for Kentucky's infrastructure SIP submissions
for the 2012 PM2.5, 2010 NO2, and 2010
SO2 NAAQS.
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    \5\ EPA has long noted that a literal reading of the statutory
provision to meet all requirements of section 110(a)(2) on the
schedule provided in section 110(a)(1) would create a conflict with
the nonattainment provisions in part D of Title I of the CAA, which
specifically address nonattainment area SIP requirements. See id. at
4. For example, section 110(a)(2)(C), in part, pertains to the
permit program required in part D of the CAA, which are
nonattainment SIP requirements. The provisions in section 172(b) for
submission of such plans for nonattainment areas differ from the
timing requirements for an infrastructure SIP submission under
110(a)(1). Thus, rather than applying all the stated requirements of
section 110(a)(2) in a strict, literal sense, EPA has determined
that certain provisions like the part D permit program requirements
in 110(a)(2)(C) and 110(a)(2)(I) are not applicable for a particular
infrastructure SIP submission. See generally ``Guidance on
Infrastructure State Implementation Plan (SIP) Elements under Clean
Air Act Sections 110(a)(1) and 110(a)(2),'' Memorandum from Stephen
D. Page, September 13, 2013 (hereinafter, ``2013 Guidance''), at 4-
5, 24, and 52.
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    EPA rules addressing SIP requirements for pre-construction
regulatory programs that apply to minor sources and minor modifications
are at 40 CFR 51.160 through 51.164. Pursuant the 2013 guidance, EPA's
review of infrastructure SIP submissions with respect to the minor
source requirements in section 110(a)(2)(C) focuses on assuring that
the state's SIP meets basic minor source program requirements. Thus,
EPA evaluates whether the state has identified existing EPA-approved
SIP provisions (or submitted for approval new provisions) containing
requirements for minor sources and minor modifications (minor new
source review (NSR) program) and whether the program addresses the
pollutants relevant to that NAAQS.\6\
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    \6\ 2013 Guidance at 24.
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III. What is EPA's analysis of how Kentucky addressed section
110(a)(2)(C) related to the minor sources element?

    On April 26, 2013, and February 8, 2016, KDAQ submitted
infrastructure SIP submissions to EPA that addressed the minor source
element of section 110(a)(2)(C) for the pollutants relevant to the 2012
PM2.5, 2010 NO2, and 2010 SO2 NAAQS,
in addition to other infrastructure SIP requirements. KDAQ also
provided clarifying information to EPA on December 18, 2017, and May 2,
2018, describing Kentucky's suite of SIP-approved regulations which
comprise the basic structural elements of the minor source program in
the Commonwealth.\7\ Specifically, the Commonwealth cited to the
following Kentucky Administrative Regulations (KAR) under title 401 to
meet the minor source SIP requirements: Kentucky's NSR permitting
regulations are found at 401 KAR 51:001, Definitions of Chapter 51; 401
KAR 51:017, Prevention of significant deterioration of air quality; and
401 KAR 51:052, Review of new

sources in or impacting upon nonattainment areas. Kentucky addresses
requirements for public participation and public availability of
information through 401 KAR 52:100, Public, affected state, and U.S.
EPA review. 401 KAR 50:060, Enforcement, establishes legally
enforceable procedures. Air dispersion modeling requirements under the
NSR permitting process are addressed in 401 KAR 51:017; 401 KAR 51:052;
and 401 KAR 50:040, Air quality models. 401 KAR 50:065, Conformity of
general federal actions, sets forth procedures for determining the
conformity of general federal actions to the Kentucky SIP and requires
consultation between federal government and state government, and, as
applicable, any local agency. 401 KAR 50:042, Good engineering practice
stack height, addresses stack height requirements. Further, Kentucky's
May 2, 2018, correspondence describes how minor sources are evaluated
in the NSR permitting process, including how these sources are
incorporated into NSR air dispersion modeling analyses as relevant to
each case.
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    \7\ Kentucky correspondence to EPA dated December 18, 2017, and
May 2, 2018, are in each of the dockets for this action under
``Proposed Rule-2.''
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    Based on the information Kentucky provided in its SIP submissions
dated February 8, 2016, and April 26, 2013, and clarified in
correspondence to EPA dated December 18, 2017, and May 2, 2018, EPA is
proposing to determine Kentucky has a SIP-approved minor NSR program
that addresses the pollutants relevant to the 2012 PM2.5,
2010 NO2, and 2010 SO2 NAAQS. EPA has therefore
made the preliminary determination that Kentucky's SIP satisfies
section 110(a)(2)(C) for new and modified minor sources and minor
modifications of major sources related to the 2012 PM2.5,
2010 NO2, and 2010 SO2 NAAQS.

IV. Proposed Action

    As described above, EPA is proposing to approve the portions of the
infrastructure SIP submissions from Kentucky dated February 8, 2016,
and April 26, 2013, addressing the minor source requirements of section
110(a)(2)(C) of the CAA for the 2012 PM2.5, 2010
NO2, and 2010 SO2 NAAQS. EPA is proposing
approval of the minor source portions of these submissions because they
are consistent with section 110 of the CAA.

V. 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 they meet the criteria of the CAA. These actions merely
propose to approve state law as meeting Federal requirements and do not
impose additional requirements beyond those imposed by state law. For
that reason, these proposed actions:
     Are not significant regulatory actions 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);
     Are not Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory actions because SIP approvals are exempted under
Executive Order 12866;
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are 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.);
     Do 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);
     Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not economically significant regulatory actions based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Are not significant regulatory actions subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are 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
     Do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Reporting and
recordkeeping requirements, Particulate matter, Sulfur dioxide.

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

    Dated: October 25, 2018.
Onis ``Trey'' Glen, III,
Regional Administrator, Region 4.
[FR Doc. 2018-24203 Filed 11-2-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 242 (Wednesday, December 17, 2014)]
[Rules and Regulations]
[Pages 75054-75058]
[FR Doc No: 2014-29582]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0040]
RIN 1625-AA87

Revision of Safety/Security Zone Regulations; 2014 Tampa Bay;
Captain of the Port St. Petersburg Zone, FL

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is consolidating three security zone
regulations into one regulation. In addition, the Coast Guard is
disestablishing two safety zone regulations and converting those safety
zones into security zones for all navigable waterways of Big Bend, Boca
Grande, Crystal River, East Bay, Hillsborough Bay, MacDill Air Force
Base, Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St.
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL. The
purpose of these revisions is to ensure the security of vessels,
facilities, and the surrounding areas within these zones. Entry into
the area encompassed by these security zones is prohibited without
permission of the Captain of the Port St. Petersburg or a designated
representative.

DATES: This rule is effective December 17, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-0040. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Marine Science Technician First Class Hector I. Fuentes,
Sector Saint Petersburg Waterways Management Branch, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    On September 15, 2014, the Coast Guard published a notice of
proposed rulemaking (NPRM) entitled, ``Revision of Safety/Security Zone
Regulations; 2014 Tampa Bay; Captain of the Port St. Petersburg Zone,
FL'' in the Federal Register (79 FR 54937). We received no comments on
the proposed rule. No public meeting was requested, and none was held.
    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. Due to the inherent dangers
involved with the transport of the hazardous cargos included in this
rule, it is in the best interest of the public to have a regulation in
place and to not delay its effective date.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish limited access areas: 33 U.S.C.1231; 46 U.S.C. Chapter 701,
3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5;
Department of Homeland Security Delegation No. 0170.1. The purpose of
the regulation is to reorganize and consolidate three existing security
zones in 33 CFR 165.760, 33 CFR 165.767 and 33 CFR 165.768 into a
single regulation and to combine the safety zones in 33 CFR 165.703 and
33 CFR 165.704 into a single security zone regulation to ensure the
security of vessels, facilities, and the surrounding areas and provide
safety of life on the navigable waters in the Captain of the Port St.
Petersburg Zone.

C. Comments, Changes and the Final Rule

    There were no comments related to this regulation during the
comment period and there was no request for a public meeting made
during the comment period.

D. 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 or executive orders. These
regulations were routed through and approved by the Tampa Bay Harbor
Safety and Security Committee.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    This regulation is not a significant regulatory action because this
change constitutes merely the merging of and increased size of existing
regulations. This rule may have some impact on the public, but these
potential impacts will be minimized for the following reasons: There is
ample room for vessels to navigate around security zones and there are
several locations for recreational and commercial fishing vessels to
fish throughout the Tampa Bay region.
    Also, vessels wishing to enter, transit through, or anchor in the
regulated areas may do so with the permission of the Captain of the
Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above. The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the

aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule would not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

12. Energy Effects

    This rule is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES.

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: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Revise Sec.  165.703 to read as follows:
    Sec.  165.703 Security Zones; Tampa Bay: Big Bend, Boca Grande,
Crystal River, East Bay, Hillsborough Bay, MacDill Air Force Base,
Manbirtee Key, Old Port Tampa, Port Manatee, Port Tampa, Port St.
Petersburg, Port Sutton, Rattlesnake, and Weedon Island, FL.
    (a) Regulated areas. The following areas, denoted by coordinates
fixed using the North American Datum of 1983 (World Geodetic System
1984) are security zones:
    (1) Security zones for facilities and structures--(i) Rattlesnake,
Tampa, FL. All water, from surface to bottom, in Old Tampa Bay east and
south of the waters encompassed within position 27[deg]53.32' N,
082[deg]32.05' W; thence to 27[deg]53.38' N, 082[deg]32.05' W,
including on land portions of Chemical Formulators Chlorine Facility,
where the fenced area is bounded by a line connecting the following
points: 27[deg]53.21' N, 082[deg]32.11' W; thence to 27[deg]53.22' N,
082[deg]32.23' W; thence to 27[deg]53.25' N, 082[deg]32.23' W; thence
to 27[deg]53.25' N, 082[deg]32.27' W; thence to 27[deg]53.29' N,
82[deg]32.25' W; thence to 27[deg]53.30' N, 082[deg]32.16' W; thence to
27[deg]53.21' N, 082[deg]32.11' W.
    (ii) Old Port Tampa, Tampa, FL. All waters, from surface to bottom,
in Old Tampa Bay encompassed within the following points: 27[deg]51.62'
N, 082[deg]33.14' W; thence to 27[deg]51.71' N, 082[deg]32.5' W; thence
to 27[deg]51.76' N, 082[deg]32.5' W; thence to 27[deg]51.73' N,
082[deg]33.16' W; thence to 27[deg]51.62' N, 082[deg]33.14' W, closing
off the Old Port Tampa Channel.
    (iii) Sunshine Skyway Bridge, FL. All waters in Tampa Bay, from
surface to bottom, in Cut ``A'' channel beneath the bridge's main span
encompassed within the following points: 27[deg]37.30' N,
082[deg]39.38' W; 27[deg]37.13' N, 082[deg]39.26' W; and the bridge
structure columns, base and dolphins. This zone is specific to the
bridge structure and dolphins and does not include waters adjacent to
the bridge columns or dolphins outside of the bridge's main span. Any
vessel may transit through this zone but, may not loiter, anchor, or
conduct operations, including dredging, dive operation, surveying, or
maintenance, unless otherwise directed by the Captain of the Port.
Anyone wanting to conduct these operations must submit a request via
email to<EMAIL_ADDRESS>or contact the Sector Command Center after
hours at<PHONE_NUMBER>.
    (iv) Manbirtee Key, Port of Manatee, FL. All waters, from surface
to bottom, surrounding, surrounding Manbirtee Key, Tampa Bay, FL
extending 500 yards from the island's shoreline, in all directions, not
to include the Port Manatee Channel.
    (v) MacDill Air Force Base, Tampa Bay, FL. All waters encompassed
within the following coordinates: 27[deg]51.88' N, 082[deg]29.31' W;
thence to 27[deg]52.01' N, 082[deg]28.85' W; thence to 27[deg]51.48' N,
082[deg]28.17' W; thence to 27[deg]51.02' N, 082[deg]27.76' W; thence
to 27[deg]50.72' N, 082[deg]27.61' W; thence to 27[deg]50.33' N,
082[deg]27.59' W; thence to 27[deg]49.65' N, 082[deg]27.73' W; thence
to 27[deg]49.34' N, 082[deg]27.79' W; thence to 27[deg]49.10' N,
082[deg]27.88' W; thence to 27[deg]48.88' N, 082[deg]28.10' W; thence
to 27[deg]48.76' N, 082[deg]28.54' W; thence to 27[deg]48.87' N,
082[deg]29.44' W; thence to 27[deg]49.06' N, 082[deg]30.39' W; thence
to 27[deg]48.75' N, 082[deg]31.17' W; thence to 27[deg]49.16' N,
082[deg]32.41' W; thence to 27[deg]49.64' N, 082[deg]33.04' W; thence
to 27[deg]49.95' N, 082[deg]32.75' W; thence to 27[deg]50.09' N,
082[deg]32.81' W; thence to 27[deg]50.56' N, 082[deg]32.75' W; thence
to 27[deg]50.71' N, 082[deg]32.18' W.
    (vi) Piers, seawalls, and facilities, Port of Tampa and Port
Sutton, Tampa, FL. All waters, from surface to bottom, extending 50
yards from the shore, seawall, and piers around facilities in Port
Sutton within the Port of Tampa encompassed by a line connecting the
following points: 27[deg]54.15' N, 082[deg]26.06' W; thence to;
27[deg]54.46' N, 082[deg]25.71' W; closing off all Port Sutton Channel.
    (vii) Piers, seawalls, and facilities, Port of Tampa, on the
western side of

Hooker's Point, Tampa, FL. All waters, from surface to bottom,
extending 50 yards from the shore, seawall, and piers around facilities
on Hillsborough Bay northern portion of Cut ``D'' Channel, Sparkman
Channel, Ybor Turning Basin, and Ybor Channel within the Port of Tampa
encompassed by a line connecting the following points: 27[deg]54.74' N,
082[deg]26.47' W; thence to 27[deg]55.25' N, 082[deg]26.73' W; thence
to 27[deg]55.60' N, 082[deg]26.80' W; thence to 27[deg]56.00' N,
082[deg]26.75' W; thence to 27[deg]56.58' N, 082[deg]26.53' W; thence
to 27[deg]57.29' N, 082[deg]26.51' W; thence to 27[deg]57.29' N,
082[deg]26.61' W; thence to 27[deg]56.65' N, 082[deg]26.63' W; thence
to 27[deg]56.58' N, 082[deg]26.69' W; thence to 27[deg]56.53' N,
082[deg]26.90' W.
    (viii) St. Petersburg Harbor, FL. All waters, from surface to
bottom, extending 50 yards from the seawall and around all moorings and
vessels in St. Petersburg Harbor (Bayboro Harbor), commencing on the
north side of the channel at day beacon ``10'' (LLNR 24995) in
approximate position 27[deg]45.56' N, 082[deg]37.55' W, and westward
along the seawall to the end of the cruise terminal in approximate
position 27[deg]45.72' N, 082[deg]37.97' W. The zone will also include
the Coast Guard south moorings in St. Petersburg Harbor. The zone will
extend 50 yards around the piers commencing from approximate position
27[deg]45.51' N, 082[deg]37.99' W; to 27[deg]45.52' N, 082[deg]37.57'
W. The southern boundary of the zone is shoreward of a line between the
entrance to Salt Creek easterly towards day beacon ``11'' (LLNR 24990).
    (ix) Crystal River Nuclear Power Plant. All waters, from surface to
bottom, around the FL, Power Crystal River Nuclear Power Plant located
at the end of the Florida Power Corporation Channel, Crystal River,
Florida, encompassed by a line connecting the following points:
28[deg]56.87' N, 082[deg]45.17' W; thence to 28[deg]57.37' N,
082[deg]41.92' W; thence to 28[deg]56.79' N, 082[deg]45.13' W; thence
to 28[deg]57.32' N, 082[deg]41.92' W.
    (x) Crystal River Demory Gap Channel. All waters, from surface to
bottom, in the Demory Gap Channel in Crystal River, Florida,
encompassed by the following points: 28[deg]57.61' N, 082[deg]43.42' W
thence to; 28[deg]57.55' N, 082[deg]41.88' W thence to; 28[deg]57.58'
N, 082[deg]43.42' W thence to; 28[deg]57.51' N, 082[deg]41.88' W.
    (xi) Big Bend Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, adjacent to the Big Bend Power Facility, and within
an area bounded by the following points: 27[deg]48.08' N,
082[deg]24.88' W; thence to 27[deg]48.15' N, 082[deg]24.96' W; thence
to; 27[deg]48.10' N, 082[deg]25.00' W; thence to 27[deg]47.85' N,
082[deg]25.03' W; thence to 27[deg]47.58' N, 082[deg]24.89' W; thence
to 27[deg]47.58' N, 082[deg]24.06' W; thence to; 27[deg]47.62' N,
082[deg]24.04' W; thence to 27[deg]47.63' N, 082[deg]24.71' W; thence
to 27[deg]48.03' N, 082[deg]24.70' W; thence to 27[deg]48.08' N,
082[deg]24.88' W, closing off entrance to Big Bend Power Facility and
the attached cooling canal.
    (xii) Weedon Island Power Plant, FL. All waters of Tampa Bay, from
surface to bottom, extending 50 yards from the shore, seawall and piers
around the Power Facility at Weedon Island encompassed by the following
points: 27[deg]51.52' N, 082[deg]35.82' W; thence along the shore to;
27[deg]51.54' N, 082[deg]35.78' W; thence to 27[deg]51.89' N,
082[deg]35.82' W; thence to 27[deg]51.89' N, 082[deg]36.14' W, closing
off the entrance to both canals.
    (2) Vessel specific security zones--(i) Moving security zones for
Cruise Ships and vessels carrying Especially Hazardous Cargos. The
following security zones and procedures are established for all waters,
from surface to bottom, within a 500-yard radius, as outlined below:
    (A) For inbound vessels commencing at Egmont Channel Lighted Buoys
``9'' (LLNR 22270) and ``10'' (LLNR 22275) through to berth.
    (B) For shifting vessels from their departure berth to destination
berth.
    (C) For outbound vessels commencing at berth through to Egmont
Channel Lighted Buoys ``9'' (LLNR 22270) and ``10'' (LLNR 22275).
    (D) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow the reporting requirements in 33 CFR part
160, subpart C.
    (E) Any vessel desiring to enter or transit the security zone shall
obtain permission from the Captain of the Port St. Petersburg or a
designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
    (ii) Fixed security zones for moored cruise ships and moored
vessels carrying especially hazardous cargos. A security zone is
established for all waters, from surface to bottom, within a 200-yard
radius around moored cruise ships and moored vessels carrying
especially hazardous cargos, as outlined below:
    (A) All subject vessels operating in the Captain of the Port St.
Petersburg Zone shall follow reporting requirements in 33 CFR part 160,
subpart C.
    (B) Any vessel desiring to enter or transit the security zone shall
obtain permission from the Captain of the Port St. Petersburg or a
designated representative. If permission is granted, all persons and
vessels must comply with any given instructions.
    (C) No vessel may loiter, anchor, or conduct maintenance operations
within the security zone, unless otherwise directed by the Captain of
the Port St. Petersburg or a designated representative. This includes,
but is not limited to dredging operations, dive operations, and
surveying. Anyone wanting to conduct these operations must submit a
request via email to<EMAIL_ADDRESS>or contact the Sector Command
Center after hours at<PHONE_NUMBER>.
    (b) Definitions. As used in this section:
    Ammonium nitrate means ammonium nitrate and ammonium nitrate based
fertilizers listed as Division 5.1 (oxidizing) materials as defined in
33 CFR 172.101 except when carried as CDC residue.
    Captain of the Port (COTP) for the purpose of this section means
the Commanding Officer of Coast Guard Sector St. Petersburg.
    Captain of the Port St. Petersburg Zone as defined in 33 CFR 3.35-
35.
    Commercial vessels means any tank, bulk, container, cargo, cruise
ships, pilot vessels, or tugs. This definition excludes fishing
vessels, salvage vessels, dead ship tow operations.
    Cruise Ship means the same as defined 33 CFR 101.105.
    Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers and other officers
operating Coast Guard vessels, and federal, state, and local officers
designated by or assisting the COTP, in the enforcement of regulated
navigation areas, safety zones, and security zones.
    Certain dangerous cargo includes Division 1.5D blasting agents for
which a permit is required under 49 CFR 176.415 or, for which a permit
is required as a condition of Research and Special Programs
Administration exemption. This includes ammonium nitrate fuel oil
mixture.
    Especially hazardous cargo means anhydrous ammonia, ammonium
nitrate, chlorine, liquefied natural gas, liquefied petroleum gas, and
any other substance, material, or group or class in a particular amount
and form that the Secretary determines by regulation poses a
significant risk of creating a transportation security incident while
being transported in maritime commerce.
    (c) Regulations. (1) Entry into or remaining on or within the zones
described in paragraph (a) of this section is prohibited unless
authorized

by the Captain of the Port St. Petersburg or a designated
representative.
    (2) Any changes to the requirements for these regulated areas will
be given by Broadcast Notice to Mariners on VHF-FM Channel 22A.

    Note to Sec.  165.703(c)(2): A graphical representation of all
fixed security zones will be made available through nautical charts
via the Coast Pilot.

    (3) The Captain of Port St. Petersburg has provisions for escorting
especially hazardous cargos as described in the above sections of this
subchapter, but reserves the right to establish additional provisions
for any potentially hazardous cargos.
    (4) Enforcement. Under 33 CFR 165.33, no person may authorize the
operation of a vessel in the security zones contrary to the provisions
of this section.
    (d) The Captain of the Port St. Petersburg may waive any of the
requirements of this subpart for any vessel, facility, or structure
upon finding that the vessel or class of vessel, operational
conditions, or other circumstances are such that application of this
subpart is unnecessary or impractical for purposes of port safety and
security or environmental safety.

Sec. Sec.  165.704, 165.760, 165.767, and 165.768  [Removed and
Reserved]

0
3. Remove and reserve Sec. Sec.  165.704, 165.760, 165.767, and
165.768.

    Dated: November 20, 2014.
G. D. Case,
Captain, U.S. Coast Guard, Captain of the Port St. Petersburg.
[FR Doc. 2014-29582 Filed 12-16-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Proposed Rules]
[Pages 33770-33772]
[FR Doc No: 2013-13302]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0481; Directorate Identifier 2011-SW-003-AD]
RIN 2120-AA64

Airworthiness Directives; Bell Helicopter Textron, Inc.
Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Bell Helicopter Textron, Inc. (Bell) Model 206A, 206B, 206L, 206L-1,
206L-3, 206L-4, and 407 helicopters with an Apical Industries, Inc.
(Apical) emergency float kit installed under supplemental type
certificate (STC) number SR01535LA. This proposed AD would require
inspecting, labeling, and replacing the float inflation hoses. This
proposed AD is prompted by an incident in which the floats installed on
a helicopter failed to deploy. The proposed actions are intended to
prevent failure of the emergency floatation gear to deploy during an
emergency event.

DATES: We must receive comments on this proposed AD by August 5, 2013.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the

Docket Operations Office between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD docket contains this proposed
AD, the economic evaluation, any comments received, and other
information. The street address for the Docket Operations Office
(telephone<PHONE_NUMBER>) is in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
    For service information identified in this proposed AD, contact
Apical Industries, Inc., 2608 Temple Heights Drive, Oceanside, CA
92056-3512; telephone<PHONE_NUMBER>; fax:<PHONE_NUMBER>; or at
www.apicalindustries.com. You may review the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.

FOR FURTHER INFORMATION CONTACT: Venessa Stiger, Cabin Safety/
Mechanical & Environmental Systems, Los Angeles Aircraft Certification
Office, Transport Airplane Directorate, FAA, 3960 Paramount Blvd.,
Lakewood, California 90712-4137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this proposal in light of the comments we receive.

Discussion

    We propose to adopt a new AD for Bell Model 206A, 206B, 206L, 206L-
1, 206L-3, 206L-4, and 407 helicopters with an Apical emergency float
kit installed under STC number SR01535LA. This proposed AD is prompted
by an incident in which the floats did not deploy evenly and the right-
hand (RH) mid-float ruptured on a helicopter modified with an Apical
emergency float kit. An investigation determined that the uneven
deployment resulted from incorrect installation of the float inflation
hoses on the port fitting at the base of the forward crosstube saddle.
Subsequent inspection of one operator's fleet revealed more instances
of incorrect inflation hose installation. This proposed AD would
require inspecting the hoses at the port fittings for correct
installation and condition, labeling the port fittings, and replacing
the float inflation hoses. We are proposing this AD to prevent failure
of the emergency floats to inflate fully in an emergency.

FAA's Determination

    We are proposing this AD because we evaluated all known relevant
information and determined that an unsafe condition exists and is
likely to exist or develop on other products of the same type design.

Related Service Information

    We have reviewed Apical Alert Service Bulletin No. SB2010-03,
Revision C, dated December 21, 2011 (ASB). The ASB provides
instructions for inspecting the float inflation hoses, installing an
aft float label onto the port fittings, installing a port fitting
adapter on the port fittings, and replacing the hoses leading to the
aft floats of each affected helicopter.

Proposed AD Requirements

    This proposed AD would require:
     Within 45 hours time-in-service (TIS), inspecting each
float inflation hose port fitting for corrosion, condition, or a bend
in the tubing, and replacing the hose if there is corrosion or damage
that has penetrated the base material more than .010 inch. If there is
a bend in the tubing greater than 5 degrees, bending the port fitting
back to its original position. Installing a marking label on each port
fitting which states ``AFT FLOAT.''
     Within 6 months, installing a port fitting adapter on each
port fitting and replacing each aft float hose.

Differences Between This Proposed AD and the Service Information

    The ASB requires installing the port fitting adapter and replacing
the aft hose by a specific calendar date, while the proposed AD
requires these actions be accomplished within 6 months.

Costs of Compliance

    We estimate that this proposed AD would affect 265 helicopters of
U.S. Registry. Based on an average labor rate of $85 per hour, we
estimate that operators may incur the following costs in order to
comply with this AD. Inspecting the float inflation hoses and
installing the marking labels will require about 1 work hour, and
required parts will cost about $2, for a cost per helicopter of $87,
and a total cost to U.S. operators of $23,055. Installing the port
fitting adaptor and replacing the aft float hose assembly will require
about 1 work hour, and required parts will cost about $165, for a cost
per helicopter of $250. Thus, we estimate a total cost to U.S.
operators of $89,305.
    If any fitting has excessive corrosion or damage, replacing the
fitting will require about 1 work hour, and required parts will cost
about $125, for a cost per helicopter of $210.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;

    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Bell Helicopter Textron, Inc.: Docket No. FAA-2013-0481; Directorate
Identifier 2011-SW-003-AD.

(a) Applicability

    This AD applies to Bell Helicopter Textron, Inc. (Bell) Model
206A, 206B, 206L, 206L-1, 206L-3, 206L-4, and 407 helicopters with
an Apical Industries, Inc. (Apical) emergency float kit installed
under supplemental type certificate (STC) number SR01535LA,
certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as incorrectly installed
float inflation hoses, which could result in failure of the
emergency floats to inflate fully during an emergency.

(c) Comments Due Date

    We must receive comments by August 5, 2013.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 45 hours time-in-service:
    (i) Inspect each float inflation hose port fitting at the left-
hand (LH) and right-hand (RH) forward crosstube saddles for
corrosion, damage, or a bend in the tubing greater than 5 degrees
from their original position.
    (A) If there is corrosion that has penetrated the base material
more than .010 inch, or damage that has removed more than .010 inch
of base material, before further flight, replace the port fitting.
    (B) If there is a bend in the port fitting tubing greater than 5
degrees from the original position of the tube, bend the port
fitting back to its original position to enable complete sealing of
the port fitting adapter.
    (ii) Inspect the position of each float inflation hose for
proper connection and routing to the LH and RH port fittings. If the
position of any float inflation hose is not as shown in figure 2 of
Apical Alert Service Bulletin (ASB) No. SB2010-03, Revision C, dated
December 21, 2011 (ASB SB2010-03), before further flight, correct
the installation of the float inflation hose at the port fitting.
    (iii) Install a marking label on the LH and RH port fittings as
shown in figures 3 and 4 of ASB SB2010-03 and seal the marking label
with clear shrink tubing.
    (2) Within 6 months:
    (i) Remove each hose connecting the aft float to the port
fitting, part number (P/N) 602.1417 for Model 206A and 206B
helicopters, P/N 602.1420 for Model 206L, 206L-1, 206L-3, and 206L-4
helicopters, or P/N 602.1413 for Model 407 helicopters, from each
skid tube.
    (ii) Install a port fitting adaptor, P/N 614.8709, onto the
straight line fitting on the LH and RH port fittings as depicted in
figure 6 of ASB SB2010-03.
    (iii) Install an aft float hose, P/N 602.1430 for Model 206A and
206B helicopters, P/N 602.1431 for Model 206L, 206L-1, 206L-3, and
206L-4 helicopters, or P/N 602.1429 for Model 407 helicopters, to
each port fitting adaptor and aft float.
    (3) Do not install a hose, P/N 602.1417 for Model 206A and 206B
helicopters, P/N 602.1420 for Model 206L, 206L-1, 206L-3, and 206L-4
helicopters, or P/N 602.1413 for Model 407 helicopters, on any
helicopter.

(f) Alternative Methods of Compliance (AMOC)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA,
may approve AMOCs for this AD. Send your proposal to: Venessa
Stiger, Cabin Safety/Mechanical & Environmental Systems, Los Angeles
Aircraft Certification Office, Transport Airplane Directorate, FAA,
3960 Paramount Blvd., Lakewood, California 90712-4137; telephone
(562) 627-5337; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Subject

    Joint Aircraft Service Component (JASC) Code: 3212: Emergency
Flotation Section.

    Issued in Fort Worth, Texas, on May 28, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-13302 Filed 6-4-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Rules and Regulations]
[Pages 28157-28160]
[FR Doc No: 2018-12895]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0117; FRL-9979-07--Region 1]

Air Plan Approval; Maine; Infrastructure State Implementation
Plan Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving most
elements of State Implementation Plan (SIP) submissions from Maine
regarding the infrastructure requirements of the Clean Air Act (CAA or
Act) for the 2008 lead (Pb), 2008 ozone, and 2010 nitrogen dioxide
(NO2) National Ambient Air Quality Standards (NAAQS). In
addition, EPA is approving two statutes submitted by Maine in support
of its demonstration that the infrastructure requirements of the CAA
have been met. Lastly, EPA is conditionally approving a sub-element of
Maine's submittal relating to state boards and conflicts of interest.
The infrastructure requirements are designed to ensure that the
structural components of each state's air quality management program
are adequate to meet the state's responsibilities under the CAA.

DATES: This rule is effective on July 18, 2018.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2017-0117. All documents in the docket
are listed on the https://www.regulations.gov website. 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 at https://www.regulations.gov or at the U.S. Environmental Protection Agency, EPA
New England Regional Office, Office of Ecosystem Protection, Air
Quality Planning Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact 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 legal holidays.

FOR FURTHER INFORMATION CONTACT: Anne K. McWilliams, Air Quality

Planning Unit, Air Programs Branch (Mail Code OEP05-02), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109-3912;<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Public Comments
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews

I. Background and Purpose

    This rulemaking addresses infrastructure SIP submissions from the
State of Maine for the 2008 Pb, 2008 ozone, and 2010 NO2
NAAQS. The state submitted these infrastructure SIPs on the following
dates: 2008 Pb--August 21, 2012; 2008 ozone--June 7, 2013; and 2010
NO2--June 7, 2013. On April 23, 2013, Maine Department of
Environmental Protection (ME DEP) submitted a SIP revision to
incorporate conflict of interest state law provisions into the SIP from
38 Maine Revised Statutes Annotated (MRSA) Section 341-C(7) and 5 MRSA
Section 18. The April 23, 2013 SIP revision addresses element E(ii)
requirements. Furthermore, on February 14, 2013, Maine submitted a SIP
revision addressing amendments to certain provisions of 06-096 Code of
Maine Regulations (CMR) Chapters 100 and 115. The February 14, 2013 SIP
revision both defines PM2.5 and incorporates
PM2.5 into the Prevention of Significant Deterioration (PSD)
permitting program. This submission was supplemented on May 31, 2016.
EPA approved these SIP revisions on August 1, 2016 (81 FR 50353) and
June 24, 2014 (79 FR 35695). These revisions address element A, as well
as elements C, D(i)(II), and (J) as they relate to PSD. Finally, on
March 1, 2018, Maine submitted a letter providing information and
clarification in support of its infrastructure SIP submittals. Details
of Maine's submittals and EPA evaluation of those submittals can be
found in our Notice of Proposed Rulemaking (NPRM) (83 FR 12905; March
26, 2018).
    EPA is approving most of the elements of the above submittals
(details can be found below). EPA is also approving into the Maine SIP
several statutes submitted by Maine in support of their demonstration
that the infrastructure requirements of the CAA have been met. Also, we
are conditionally approving one sub-element of Maine's submittal
relating to state boards and conflicts of interest.

II. Public Comments

    EPA received 12 sets of comments in response to the NPR. The
comments discuss subjects outside the scope of an infrastructure SIP
action, do not explain (or provide a legal basis for) how the proposed
action should differ in any way, and, indeed, make no specific mention
of the proposed action; they are not germane.

III. Final Action

    EPA is approving SIP submissions from Maine certifying that the
state's current SIP is sufficient to meet the required infrastructure
elements under sections 110(a)(1) and (2) of the Act for the 2008 Pb,
2008 ozone, and 2010 NO2 NAAQS, except for certain aspects
relating to State Boards (Element E) which we are conditionally
approving. Specifically, EPA's actions for each infrastructure SIP
requirement are shown in Table 1.

                 Table 1--EPA's Action on Maine's Infrastructure SIP Submittals for Listed NAAQS
----------------------------------------------------------------------------------------------------------------
                           Element                                 2008 Pb         2008 Ozone        2010 NO2
----------------------------------------------------------------------------------------------------------------
(A): Emission limits and other control measures..............               A                A                A
(B): Ambient air quality monitoring and data system..........               A                A                A
(C)1: Enforcement of SIP measures............................               A                A                A
(C)2: PSD program for major sources and major modifications..               A                A                A
(C)3: PSD program for minor sources and minor modifications..               A                A                A
(D)1: Contribute to nonattainment/interfere with maintenance                A               PA               NS
 of NAAQS....................................................
(D)2: PSD....................................................               A                A                A
(D)3: Visibility Protection..................................               A                A                A
(D)4: Interstate Pollution Abatement.........................               A                A                A
(D)5: International Pollution Abatement......................               A                A                A
(E): Adequate resources......................................               A                A                A
(E): State boards............................................                CA               CA               CA
(E): Necessary assurances with respect to local agencies.....              NA               NA               NA
(F): Stationary source monitoring system.....................               A                A                A
(G): Emergency power.........................................               A                A                A
(H): Future SIP revisions....................................               A                A                A
(I): Nonattainment area plan or plan revisions under part D..              NG               NG               NG
(J)1: Consultation with government officials.................               A                A                A
(J)2: Public notification....................................               A                A                A
(J)3: PSD....................................................               A                A                A
(J)4: Visibility protection..................................              NG               NG               NG
(K): Air quality modeling and data...........................               A                A                A
(L): Permitting fees.........................................               A                A                A
(M): Consultation and participation by affected local                       A                A                A
 entities....................................................
----------------------------------------------------------------------------------------------------------------
In the above table, the key is as follows:
A, Approve.
CA, Conditionally Approve.
NA, Not applicable.
NG, Not germane to infrastructure SIPs.
NS, New Submittal (submitted on February 21, 2018). Will be acted on in a separate rulemaking.
PA, Previously approved (see 81 FR 70631, Oct. 13, 2016).

    In addition, we are incorporating into the Maine SIP, the following
Maine statutes which were included for approval in Maine's
infrastructure SIP submittals: Maine's conflict of interest provisions
found in 38 MRSA Section 341-C(7) and 5 MRSA Section 18, which DEP
submitted as a SIP revision on April 23, 2013.
    As noted in Table 1, EPA is conditionally approving aspects of
Maine's SIP submittals pertaining to CAA section 110(a)(2)(E). The
outstanding issues are with state provisions that govern membership of
Maine's Board of Environmental Protection and conflict of interest
requirements pertaining to the Commissioner of ME DEP, as described in
detail in our NPR for this action. See 83 FR 12905 (Mar. 26, 2018).
Maine must provide to EPA by June 18, 2019 a submittal(s) addressing
these issues. If Maine fails to do so, this approval will become a
disapproval on that date. EPA will notify ME DEP by letter that this
action has occurred. At that time, this commitment will no longer be a
part of the approved Maine SIP. EPA subsequently will publish a notice
in the notice section of the Federal Register notifying the public that
the conditional approval automatically converted to a disapproval. If
the state meets its commitment within the applicable timeframe, the
conditionally approved submission will remain a part of the SIP until
EPA takes final action approving or disapproving the new submittal. If
EPA disapproves the new submittal, the conditionally approved aspects
will also be disapproved at that time. If EPA approves the submittal,
then the portions of Maine's infrastructure SIP submittals that were
conditionally approved will be fully approved in their entirety and
replace the conditional approval in the SIP. In addition, final
disapproval of an infrastructure SIP submittal triggers the Federal
Implementation Plan (FIP) requirement under section 110(c).

IV. Incorporation by Reference

    In this rulemaking, the EPA is finalizing regulatory text that
includes incorporation by reference. In accordance with requirements of
1 CFR 51.5, the EPA is finalizing the incorporation by reference of:
Maine's conflict of interest provisions found in 38 MRSA Section 341-
C(7) and 5 MRSA Section 18, which DEP submitted as a SIP revision on
April 23, 2013. These are described in the amendments to 40 CFR part 52
set forth below. The EPA has made, and will continue to make, these
documents generally available through https://www.regulations.gov.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, 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 Clean Air Act.
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);
     This action is not an Executive Order 13771 regulatory
action because this action is not significant under Executive Order
12866.
     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 Clean Air Act; 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 and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 17, 2018. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: June 12, 2018.
Alexandra Dunn,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

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

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

Subpart U--Maine

0
2. Amend Sec.  52.1019 by adding paragraphs (c), (d), and (e) to read
as follows:

Sec.  52.1019   Identification of plan--conditional approval.

* * * * *
    (c) 2008 Ozone National Ambient Air Quality Standards (NAAQS): The
110(a)(2) infrastructure SIP submitted on June 7, 2013, is
conditionally approved for Clean Air Act section 110(a)(2)(E) regarding
State Boards and Conflicts of Interest. On March 1, 2018, the State of
Maine committed to address these requirements.
    (d) 2008 Lead NAAQS: The 110(a)(2) infrastructure SIP submitted on
August 21, 2012, is conditionally approved for Clean Air Act section
110(a)(2)(E) regarding State Boards and Conflicts of Interest. On March
1, 2018, the State of Maine committed to address these requirements.
    (e) 2010 Nitrogen Dioxide NAAQS: The 110(a)(2) infrastructure SIP
submitted on June 7, 2013, is conditionally approved for Clean Air Act
section 110(a)(2)(E) regarding State Boards and Conflicts of Interest.
On March 1, 2018, the State of Maine committed to address these
requirements.

0
3. In Sec.  52.1020:
0
a. In paragraph (c), the table titled ``EPA Approved Maine
Regulations'' is amended by adding entries ``5 MRSA Section 18'' and
``38 MRSA Section 341-C(7)'' at the end of the table.
0
b. In paragraph (e), the table titled ``Maine Non Regulatory'' is
amended by adding three entries at the end of the table.
    The additions read as follows:

Sec.  52.1020   Identification of plan.

* * * * *
    (c) * * *

                                         EPA Approved Maine Regulations
----------------------------------------------------------------------------------------------------------------
                                                                         EPA approval date
          State citation              Title/subject          State       EPA approval date       Explanations
                                                        effective date    and citation \1\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
5 MRSA Section 18................  Disqualification of        7/1/2003  6/18/2018; [Insert   Conflict of
                                    Executive                            Federal Register     Interest
                                    Employees from                       citation].           Provisions.
                                    Participation in
                                    Certain Matters.
38 MRSA Section 341-C(7).........  Board Membership          8/11/2000  6/18/2018; [Insert   Conflict of
                                    Conflict of                          Federal Register     Interest
                                    Interest.                            citation].           Provisions.
----------------------------------------------------------------------------------------------------------------
\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

* * * * *
    (e) * * *

                                              Maine Non Regulatory
----------------------------------------------------------------------------------------------------------------
                                      Applicable            State
   Name of non regulatory SIP        geographic or     submittal date/ EPA approved date       Explanations
           provision              nonattainment area   effective date         \3\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Submittal to meet Clean Air Act  State of Maine......       8/21/2012  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register           Air Act requirements:
 for the 2008 Lead (Pb)                                                 citation].         110(a)(2)(A), (B),
 National Ambient Air Quality                                                              (C), (D), (E) except
 Standard.                                                                                for State Boards,
                                                                                (F), (G), (H), (J),
                                                                                (K), (L), and (M).
Submittal to meet Clean Air Act  State of Maine......        6/7/2013  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register page      Air Act requirements:
 for the 2008 8-Hour Ozone                                              number where the   110(a)(2)(A), (B),
 National Ambient Air Quality                                           document begins].  (C), (D) except for
 Standard.                                                                                D(1), (E) except for
                                                                                State Boards, (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M).
Submittal to meet Clean Air Act  State of Maine......       4/23/2013  6/18/2018;         This action addresses
 Section 110(a)(2)                                                      [Insert Federal    the following Clean
 Infrastructure Requirements                                            Register           Air Act requirements:
 for the 2010 Nitrogen Dioxide                                          citation].         110(a)(2)(A), (B),
 (NO2) National Ambient Air                                                                (C), (D) except for
 Quality Standard.                                                                         D(1), (E) except for
                                                                                State Boards, (F),
                                                                                (G), (H), (J), (K),
                                                                                (L), and (M).
----------------------------------------------------------------------------------------------------------------
\3\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
  Federal Register notice cited in this column for the particular provision.

[FR Doc. 2018-12895 Filed 6-15-18; 8:45 am]
 BILLING CODE 6560-50-P