[Federal Register Volume 88, Number 113 (Tuesday, June 13, 2023)]
[Proposed Rules]
[Pages 38441-38448]
[FR Doc No: 2023-12581]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2021-0618; FRL-9242-01-R4]

Air Plan Approval; North Carolina; Volatile Organic Compound
Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision to the North
Carolina SIP, submitted by the State of North Carolina through the
North Carolina Department of Environmental Quality (NCDEQ), Division of
Air Quality (NCDAQ), via a letter dated April 13, 2021. This SIP
revision updates several NCDEQ air regulations which apply to sources
that emit volatile organic compounds (VOC).

DATES: Comments must be received on or before July 13, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2021-0618 at 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 www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jane Spann, Air Regulatory Management
Section, Air Planning and Implementation Branch, Air and Radiation
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303-8960. Ms. Spann can be reached via
electronic mail at [email protected] or via telephone at (404) 562-
9029.

SUPPLEMENTARY INFORMATION:

I. What action is EPA proposing to take?

    EPA is proposing to approve changes to North Carolina's SIP that
were provided to EPA through NCDAQ via a letter dated April 13,
2021.\1\ Specifically, EPA is proposing to approve changes to 15A North
Carolina Administrative Code (NCAC) Subchapter 02D, Section .0900,
Volatile Organic Compounds (hereinafter referred to as Section
.0900).\2\ The April 13, 2021, revision to the North Carolina SIP
transmits a few substantive changes and a number of changes that do not
alter the meaning of the regulations such as clarifying changes,
updated cross-references, and several ministerial language changes. In
addition, other changes include adding, deleting, and editing
definitions and adding SIP-strengthening language.
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    \1\ EPA notes that the submittal was received through the State
Planning Electronic Collaboration System (SPeCS) on April 14, 2021.
For clarity, this notice will refer to the submittal by the date on
the cover letter, which is April 13, 2021.
    \2\ EPA notes that the Agency received several submittals
revising the North Carolina SIP that were transmitted with the same
April 13, 2021, cover letter. EPA has considered will be considering
action for these other SIP revisions in separate rulemakings.
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II. EPA's Analysis of the State's Submittal

    North Carolina's Section .0900 rules regulate sources that emit
greater than or equal to 15 pounds of VOC per day, unless otherwise
specified in Section .0900. Most of the SIP changes to Section .0900
are ministerial and formatting changes, with clarifying changes
throughout. EPA is proposing to approve the changes to Rules .0901,
Definitions; .0902, Applicability; .0903, Recordkeeping: Reporting:
Monitoring; .0906, Circumvention; .0909, Compliance Schedules for
Sources in Ozone Nonattainment and Maintenance Areas; .0912, General
Provisions on Test Methods and Procedures; .0918, Can Coating; .0919,
Coil Coating; .0922, Metal Furniture Coatings; .0923, Surface Coating
of Large Appliance Parts; .0924, Magnet Wire Coating; .0925, Petroleum
Liquid Storage in Fixed Roof Tanks; .0928, Gasoline Service Stations
Stage 1; .0930, Solvent Metal Cleaning; .0931, Cutback Asphalt; .0933,
Petroleum

Liquid Storage in External Floating Roof Tanks; .0935, Factory Surface
Coating of Flat Wood Paneling; .0937, Manufacture of Pneumatic Rubber
Tires; .0943, Synthetic Organic Chemical and Polymer Manufacturing;
.0944, Manufacture of Polyethylene: Polypropylene and Polystyrene;
.0945 Petroleum Dry Cleaning; .0947, Manufacture of Synthesized
Pharmaceutical Products; .0948, VOC Emissions from Transfer Operations;
.0949, Storage of Miscellaneous Volatile Organic Compounds; .0951, RACT
For Sources of Volatile Organic Compounds; .0955, Thread Bonding
Manufacturing; .0956, Glass Christmas Ornament Manufacturing; .0957,
Commercial Bakeries; .0961, Offset Lithographic Printing and
Letterpress Printing; .0962, Industrial Cleaning Solvents; .0963,
Fiberglass Boat Manufacturing Materials; .0964, Miscellaneous
Industrial Adhesives; .0965, Flexible Package Printing; .0966, Paper,
Film and Foil Coatings; .0967, Miscellaneous Metal and Plastic Parts
Coatings; and .0968, Automobile and Light Duty Truck Assembly
Coatings.\3\ EPA's analysis of each aforementioned rule change included
in the April 13, 2021, SIP revision is below:
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    \3\ Hereinafter, the North Carolina Rules will be identified by
``Rule'' and the accompanying number, e.g., Rule .0901.
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a. Rule .0901, Definitions

    Rule .0901 includes definitions that apply to Section .0900 rules.
The April 13, 2021, revision does not include any substantive changes
to Rule .0901 but includes only minor wording, formatting,
administrative and technical changes, e.g., in the definition of
``loading rack,'' changing a reference to ``tank truck or trailer'' to
``cargo tank,'' which corresponds to the addition of the definition of
``cargo tank'' in Rule .0926.\4\ Changes to Rule .0901 also include
updates to American Society for Testing and Materials (ASTM) and
American Petroleum Institute (API) bulletin references that are
appropriate because the references have become outdated, incorporation
by reference of an API document, and an update to the formatting of
rule references.
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    \4\ Changes to Rule .0926 submitted with the April 13, 2021,
cover letter will be considered for action in a separate rulemaking.
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    The State of North Carolina originally adopted Rule .0901 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, SIP revision with respect to Rule .0901
because, as minor, non-substantive changes, they will not impact air
quality and thus will not interfere with any applicable Clean Air Act
(CAA or Act) requirements.\5\
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    \5\ Section 110(l) of the CAA prohibits EPA from approving a SIP
revision that would interfere with any applicable requirement
concerning attainment and reasonable further progress (as defined in
section 171), or any other applicable requirement of the Act.
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b. Rule .0902, Applicability

    Rule .0902 outlines the applicability parameters for Section .0900
rules. The April 13, 2021, revision does not include any substantive
changes to Rule .0902 but includes minor changes to update the
formatting of rule references and makes minor wording changes including
changing ``truck tanks'' to ``cargo tanks,'' which corresponds to the
addition of the definition of ``cargo tank'' in Rule .0926.\6\ Rule
.0902(c) is changed to refer to exclusions found in Rule .0902(d)
instead of Rule .0902(d)(1). Rule .0902(d)(2) is not currently approved
into the North Carolina SIP. Because the Rule .0902(d) reference
effectively includes only Rule .0902(d)(1) for SIP purposes, EPA is
proposing to approve the revised version of Rule .0902(c) except as it
refers to Rule .0902(d)(2). Also, Rule .0902(f) adds the date January
2, 2014, for clarification related to identifying certain moderate
nonattainment areas required to address Control Technique Guidelines
(CTGs).
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    \6\ See n.4.
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    The State of North Carolina originally adopted Rule .0902 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the April 13, 2021, updates to Rule .0902 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

c. Rule .0903, Recordkeeping: Reporting: Monitoring

    Rule .0903 outlines the recordkeeping, reporting, and monitoring
requirements for Section .0900 rules. The April 13, 2021, revision does
not include substantive changes to Rule .0903 but only makes minor
grammatical edits and updates the formatting of a rule reference. These
changes clarify the meaning of the previously SIP-approved version of
the rule.
    EPA most recently incorporated updates to Rule .0903 into the North
Carolina SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the updates to Rule .0903 because, as minor, non-substantive
changes, they will not impact air quality and thus they will not
interfere with any applicable CAA requirements.

d. Rule .0906, Circumvention

    Rule .0906 outlines the restriction of concealing VOC emissions
related to the Section .0900 rules. The April 13, 2021, revision does
not include substantive changes to Rule .0906 but includes minor
grammatical edits. These edits clarify but do not change the meaning of
the previously SIP-approved version.
    The State of North Carolina originally adopted Rule .0906 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on December 19, 1986. See 51 FR 45468. EPA is proposing
to approve the April 13, 2021, updates to Rule .0906 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

e. Rule .0909, Compliance Schedules for Sources in Ozone Nonattainment
and Maintenance Areas

    Rule .0909 outlines compliance schedules for sources in ozone
nonattainment areas and those nonattainment areas that have been
redesignated to attainment (i.e., maintenance areas), as they relate to
the Section .0900 rules. The April 13, 2021, revision does not include
substantive changes to Rule .0909 but includes minor grammatical and
wording edits and updates the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0909 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the April 13, 2021, updates to Rule .0909 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

f. Rule .0912, General Provisions on Test Methods and Procedures

    Rule .0912 outlines general provisions on test methods and
procedures related to Section .0900 rules. The April 13, 2021, revision
does not include substantive changes to Rule .0912 but includes minor
grammatical edits and updates the formatting of a rule reference. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.

    The State of North Carolina originally adopted Rule .0912 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0912 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

g. Rule .0918, Can Coating

    Rule .0918 outlines VOC-related provisions for can coating
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0918 but includes minor
administrative, grammatical, and wording edits and updates the
formatting of a rule reference. Also, Rule .0918 is revised to limit
the applicability of Rule .0918(d) to sources controlling VOC prior to
July 1, 2000, to reflect that, while Rule .0918 already references Rule
.0518, Rule .0518 was repealed on July 1, 2000. These changes clarify
but do not change the meaning of the previously SIP-approved version of
the rule.
    The State of North Carolina originally adopted Rule .0918 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0918 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

h. Rule .0919, Coil Coating

    Rule .0919 outlines VOC-related provisions for coil coating
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0919 but includes minor
administrative and clarifying word changes, e.g., a change to clarify
that Rule .0919 applies to VOC that come from coating applicators.
Also, Rule .0919 is revised to limit the applicability of Rule .0919(d)
to sources controlling VOC prior to July 1, 2000, to reflect that,
while Rule .0919 already references Rule .0518, Rule .0518 was repealed
on July 1, 2000. These changes clarify but do not change the meaning of
the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0919 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0919 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

i. Rule .0922, Metal Furniture Coatings

    Rule .0922 outlines VOC-related provisions for metal furniture
coating operations in North Carolina. The April 13, 2021, revision does
not include substantive changes to Rule .0922 but includes minor
administrative and grammatical edits, updates the formatting of rule
references, and updates references to federal regulations. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0922 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0922 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

j. Rule .0923, Surface Coating of Large Appliance Parts

    Rule .0923 outlines VOC-related provisions for surface coating
operations for large appliance parts in North Carolina. The April 13,
2021, revision does not include substantive changes to Rule .0923 but
includes minor administrative and grammatical edits, updates the
formatting of rule references, and updates references to federal
regulations. These changes clarify but do not change the meaning of the
previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0923 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0923 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

k. Rule .0924, Magnet Wire Coating

    Rule .0924 outlines VOC-related provisions for magnet wire coating
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0924 but includes minor
administrative and clarifying word changes, e.g., a change clarifies
that Rule .0924 applies to VOC from the oven(s) of magnet wire coating
operations. Also, Rule .0924 is revised to limit Rule .0924(d) to
sources controlling VOC prior to July 1, 2000, to reflect that, while
Rule .0924 already references Rule .0518, Rule .0518 was repealed July
1, 2000. These changes clarify but do not change the meaning of the
previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0924 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0924 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

l. Rule .0925, Petroleum Liquid Storage in Fixed Roof Tanks

    Rule .0925 outlines VOC-related provisions for petroleum liquid
storage in fixed roof tanks in North Carolina. The April 13, 2021,
revision does not include substantive changes to Rule .0925 but makes
minor administrative, grammatical, and wording edits, technical
corrections such as changing vapor pressure ``psia'' to ``pounds per
square inch,'' and updates to the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0925 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to
approve the April 13, 2021, updates to Rule .0925 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

m. Rule .0928, Gasoline Service Stations Stage 1

    Rule .0928 outlines VOC-related provisions for gasoline service
stations stage 1 controls in North Carolina. The April 13, 2021,
revision does not include substantive changes to Rule .0928 but makes
minor administrative and grammatical edits, as well as technical
corrections such as changing Reid vapor pressure ``psia'' to ``pounds
per square inch,'' changing references to ``tank trucks or trailers''
to ``cargo tanks'' which corresponds to the addition of the definition
of ``cargo tank'' in Rule .0926,\7\ and changing ``Dual point system''
to ``Dual point vapor recovery system.'' Changes to Rule .0928 also
alphabetize definitions and update the formatting of rule references.
These

changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
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    \7\ See n.4.
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    The State of North Carolina originally adopted Rule .0928 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0928 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

n. Rule .0930, Solvent Metal Cleaning

    Rule .0930 outlines VOC-related provisions for solvent metal
cleaning in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0930 but includes minor
administrative and grammatical edits and updates the formatting of rule
references. These changes clarify but do not change the meaning of the
previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0930 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0930 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

o. Rule .0931, Cutback Asphalt

    Rule .0931 outlines VOC-related provisions for cutback asphalt in
North Carolina. The April 13, 2021, revision includes substantive and
non-substantive changes to Rule .0931. The substantive changes include
adding paving roads, sidewalks, airfields, runways, taxiways, and
parking aprons to the list of applicable purposes of the manufacture
and use of cutback asphalts. The substantive changes also include the
removal of an exclusion for cutback asphalt used for a tack coat for
the purpose of patch work not to exceed 1672 square meters (2000 square
yards). These substantive changes are approvable because they are
considered SIP-strengthening. The non-substantive changes are minor
administrative and grammatical edits including the removal of the
definition of ``Emulsified asphalt'' (a term which does not appear
elsewhere in Rule .0931 and thus seemingly need not be defined) and a
minor technical clarification specifying that the Federal Aviation
Administration (FAA) Weather Station referenced in paragraph (c) is the
FAA Surface Weather Observation Station. These changes clarify and
strengthen the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0931 in 1979.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on June 23, 1994. See 59 FR 32362. EPA is proposing to
approve the April 13, 2021, updates to Rule .0931 because both the
substantive and minor, non-substantive changes will not adversely
impact air quality and thus will not interfere with any applicable CAA
requirements.

p. Rule .0933, Petroleum Liquid Storage in External Floating Roof Tanks

    Rule .0933 outlines VOC-related provisions for petroleum liquid
storage in external floating roof tanks in North Carolina. The April
13, 2021, revision does not include substantive changes to Rule .0933
but includes minor administrative and grammatical edits, updates the
formatting of rule references, and clarifies that the routine visual
inspections referenced in paragraph (d) are done to verify the
conditions of the seal. These changes clarify but do not change the
meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0933 in 1980.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0933 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

q. Rule .0935, Factory Surface Coating of Flat Wood Paneling

    Rule .0935 outlines VOC-related provisions for factory surface
coating of flat wood paneling operations in North Carolina. The April
13, 2021, revision does not include substantive changes to Rule .0935
but includes minor administrative and grammatical edits and updates the
formatting of rule references. These changes clarify but do not change
the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0935 in 1980.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0935 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

r. Rule .0937, Manufacture of Pneumatic Rubber Tires

    Rule .0937 outlines VOC-related provisions for manufacture of
pneumatic rubber tires in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0937 but includes minor
administrative and grammatical edits. These changes clarify but do not
change the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0937 in 1980.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 1, 1997. See 62 FR 41277. EPA is proposing to
approve the April 13, 2021, updates to Rule .0937 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

s. Rule .0943, Synthetic Organic Chemical and Polymer Manufacturing

    Rule .0943 outlines VOC-related provisions for synthetic organic
chemical and polymer manufacturing in North Carolina. The April 13,
2021, revision includes mostly non-substantive changes to Rule .0943,
such as minor administrative and grammatical edits and updates to the
formatting of rule references, which clarify but do not change the
meaning of the previously SIP-approved version of the rule. The SIP
revision also includes a substantive, SIP-strengthening change: in Rule
.0943(i), the change from stating that the Director ``shall'' allow
less frequent emissions monitoring to stating that the Director ``may''
allow it.
    The State of North Carolina originally adopted Rule .0943 in 1985.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0943 because, as minor,
non-substantive changes or strengthening changes, they will not
negatively impact air quality and thus they will not interfere with any
applicable CAA requirements.

t. Rule .0944, Manufacture of Polyethylene: Polypropylene and
Polystyrene

    Rule .0944 outlines VOC-related provisions for manufacture of
polyethylene (polypropylene and polystyrene) in North Carolina. The
April 13, 2021, revision does not include substantive changes to Rule
.0944 but includes minor administrative and grammatical edits and
updates the

formatting of rule references. These changes clarify but do not change
the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0944 in 1985.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on November 19, 1986. See 51 FR 41786. EPA is proposing
to approve the April 13, 2021, updates to Rule .0944 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

u. Rule .0945, Petroleum Dry Cleaning

    Rule .0945 outlines VOC-related provisions for petroleum dry
cleaning in North Carolina. The April 13, 2021, revision includes
mostly non-substantive changes to Rule .0945, such as minor
administrative and grammatical edits and updates to the formatting of
rule references, which clarify but do not change the meaning of the
previously SIP-approved version of the rule. The SIP revision also
includes a substantive, SIP-strengthening change: in Rule .0945(g),
adding a retention requirement for records of compliance tests.
    The State of North Carolina originally adopted Rule .0945 in 1985.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0945 because, as minor,
non-substantive changes or strengthening changes, they will not
negatively impact air quality and thus they will not interfere with any
applicable CAA requirements.

v. Rule .0947, Manufacture of Synthesized Pharmaceutical Products

    Rule .0947 outlines VOC-related provisions for manufacture of
synthesized pharmaceutical products in North Carolina. The April 13,
2021, revision does not include substantive changes to Rule .0947 but
includes minor administrative and grammatical edits, updates the
formatting of rule references and clarifies in paragraph (c) when
controlling VOC emissions from synthesized pharmaceutical products
manufacturing facility storage tanks that pressure/vacuum conservation
tanks shall be set at plus or minus 0.8 inches of water instead of set
at 0.8 inches of water. These changes clarify but do not change the
meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0947 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 5, 1995. See 60 FR 22283. EPA is proposing to
approve the April 13, 2021, updates to Rule .0947 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

w. Rule .0948, VOC Emissions from Transfer Operations

    Rule .0948 outlines provisions for VOC emissions from transfer
operations in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0948 but makes minor
administrative and grammatical edits such as changing ``tank trucks,
trailers'' to ``cargo tanks,'' which corresponds to the addition of the
definition of ``cargo tank'' in Rule .0926, and updates the formatting
of rule references. These changes clarify but do not change the meaning
of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0948 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to
approve the April 13, 2021, updates to Rule .0948 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

x. Rule .0949, Storage of Miscellaneous Volatile Organic Compounds

    Rule .0949 outlines provisions for storage of miscellaneous VOC in
North Carolina. The April 13, 2021, revision does not include
substantive changes to Rule .0949 but includes minor administrative and
grammatical edits and updates the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0949 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on August 27, 2001. See 66 FR 34117. EPA is proposing to
approve the April 13, 2021, updates to Rule .0949 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

y. Rule .0951, RACT for Sources of Volatile Organic Compounds

    Rule .0951 outlines provisions for RACT for sources of VOC in North
Carolina. The April 13, 2021, revision does not include substantive
changes to Rule .0951 but includes minor administrative and grammatical
edits and updates the formatting of rule references. These changes
clarify but do not change the meaning of the previously SIP-approved
version of the rule.
    The State of North Carolina originally adopted Rule .0951 in 1994.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0951 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

z. Rule .0955, Thread Bonding Manufacturing

    Rule .0955 outlines VOC provisions for thread bonding manufacturing
in North Carolina. The April 13, 2021, revision does not include
substantive changes to Rule .0955 but includes minor administrative and
grammatical edits and updates the formatting of rule references. These
changes clarify but do not change the meaning of the previously SIP-
approved version of the rule.
    The State of North Carolina originally adopted Rule .0955 in 1995.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to
approve the April 13, 2021, updates to Rule .0955 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

aa. Rule .0956, Glass Christmas Ornament Manufacturing

    Rule .0956 outlines VOC provisions glass Christmas ornament
manufacturing in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0956 but includes minor
administrative and grammatical edits. These changes clarify but do not
change the meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0956 in 1995.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on February 1, 1996. See 61 FR 54362. EPA is proposing
to approve the April 13, 2021, updates to Rule .0956 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

bb. Rule .0957, Commercial Bakeries

    Rule .0957 outlines VOC provisions at commercial bakeries in North
Carolina.

The April 13, 2021, revision does not include substantive changes to
Rule .0957 but includes minor administrative and grammatical edits,
updates the formatting of rule references, and clarifies that in
paragraph (d) the reference to commercial baking ovens refers to ovens
in commercial bakeries. These changes clarify but do not change the
meaning of the previously SIP-approved version of the rule.
    The State of North Carolina originally adopted Rule .0957 in 1995.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on February 1, 1996. See 61 FR 3588. EPA is proposing to
approve the April 13, 2021, updates to Rule .0957 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

cc. Rule .0961, Offset Lithographic Printing and Letterpress Printing

    Rule .0961 outlines VOC-related provisions for offset lithographic
printing and letterpress printing in North Carolina. The April 13,
2021, revision does not include substantive changes to Rule .0961 but
makes minor administrative and wording changes, such as changing
paragraph (h) to specify that alternative methods used to determine the
VOC content must be consistent with 15A NCAC 02D .2602(h) and to
specify that alternative methods used to determine the control
efficiency by measuring volatile organic compounds at the control
device inlet and outlet must be consistent with 15A NCAC 02D .2602(h).
Changes to Rule .0961 also update the formatting of rule references.
    The State of North Carolina originally adopted Rule .0961 in 2010.
Rule .0961 was adopted to replace, in part, Rule .0936, Graphic Arts,
which EPA removed from the SIP on May 9, 2013. See 78 FR 27065. EPA
most recently approved amendments to the state rule (Rule .0961) in
North Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is
proposing to approve the April 13, 2021, updates to Rule .0961 because,
as minor, non-substantive changes, they will not impact air quality and
thus they will not interfere with any applicable CAA requirements.

dd. Rule .0962, Industrial Cleaning Solvents

    Rule .0962 outlines VOC-related provisions for industrial cleaning
solvents in North Carolina. The April 13, 2021, revision does not
include substantive changes to Rule .0962 but makes minor
administrative and wording changes, such as changing paragraph (c) to
delete repealed Rules .0921, .0934, and .0936 \8\ from the list of
rules that are exempt from paragraph (e) as it relates to cleaning
material used for cleaning operations, and changes to Rule .0962 also
update the formatting of rule references.
---------------------------------------------------------------------------

    \8\ Rules .0921, .0934, and .0936 were removed from the North
Carolina SIP on May 9, 2013. See 78 FR 27065.
---------------------------------------------------------------------------

    The State of North Carolina originally adopted Rule .0962 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on July 25, 2013. See 78 FR 44890. EPA is proposing to
approve the April 13, 2021, updates to Rule .0962 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

ee. Rule .0963, Fiberglass Boat Manufacturing Materials

    Rule .0963 outlines VOC-related provisions for fiberglass boat
manufacturing materials in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0963 but makes minor
administrative and wording changes such clarifying in paragraph (k)
that SCAQMD Method 312-91 was developed by the South Coast Air Quality
Management District and describes where to find information on this
method, and changes to Rule .0963 that update the formatting of rule
references.
    The State of North Carolina originally adopted Rule .0963 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0963 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

ff. Rule .0964, Miscellaneous Industrial Adhesives

    Rule .0964 outlines VOC-related provisions for miscellaneous
industrial adhesives in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0964 but makes minor
administrative and wording changes such as, in paragraph (b), the
deletion of the exemption from control of VOC emissions for
miscellaneous industrial adhesives product categories covered by
repealed Rules .0921, .0934, and .0936,\9\ and changes to Rule .0964
that update the formatting of rule references.
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

    The State of North Carolina originally adopted Rule .0964 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0964 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

gg. Rule .0965, Flexible Package Printing

    Rule .0965 outlines VOC-related provisions for flexible package
printing operations in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0965 but includes minor
administrative and wording changes and updates the formatting of rule
references.
    The State of North Carolina originally adopted Rule .0965 in 2010.
Rule .0965 was adopted to replace, in part, Rule .0936, Graphic Arts,
which EPA removed from the SIP on May 9, 2013, which is also when EPA
most recently approved amendments to the state rule (Rule .0965) in
North Carolina's SIP. See 78 FR 27065. EPA is proposing to approve the
April 13, 2021, updates to Rule .0965 because, as minor, non-
substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

hh. Rule .0966, Paper, Film and Foil Coatings

    Rule .0966 outlines VOC-related provisions for paper, film, and
foil coating operations in North Carolina. The April 13, 2021, revision
does not include substantive changes to Rule .0966 but includes minor
administrative and wording changes and updates the formatting of rule
references.
    The State of North Carolina originally adopted Rule .0966 in 2010.
Rule .0966 was adopted to replace, in part, Rule .0920, Paper Coatings,
which EPA removed from the SIP on May 9, 2013, which is also when EPA
most recently approved amendments to the state rule (Rule .0966) in
North Carolina's SIP. See 78 FR 27065. EPA is proposing to approve the
April 13, 2021, updates to Rule .0966 because, as minor, non-
substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

ii. Rule .0967, Miscellaneous Metal and Plastic Parts Coatings

    Rule .0967 outlines VOC-related provisions for miscellaneous metal
and plastic parts coating operations in North Carolina. The April 13,
2021, revision

does not include substantive changes to Rule .0967 but makes minor
administrative and wording changes such as, in paragraph (c), the
deletion of the exemption from this rule for sources covered by
repealed Rules .0921 and .0936,\10\ and changes to Rule .0967 that
update the formatting of rule references.
---------------------------------------------------------------------------

    \10\ Rules .0921 and .0936 were repealed from the North Carolina
SIP on May 9, 2013 (See 78 FR 27065).
---------------------------------------------------------------------------

    The State of North Carolina originally adopted Rule .0967 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0967 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

jj. Rule .0968, Automobile and Light Duty Truck Assembly Coatings

    Rule .0968 outlines VOC-related provisions for automobile and light
duty assembly coating operations in North Carolina. The April 13, 2021,
revision does not include substantive changes to Rule .0968 but updates
rule references and/or the formatting thereof. For example, paragraph
(a) updates the reference for Automobile Topcoat Protocol from EPA-450/
3-88-018 to EPA-453/R-08-002 or 40 CFR part 60, subpart MM. Also,
changes to paragraph (d) clarify that the VOC emission limit is in
grams of VOC per liter of coating excluding water and exempt compounds,
as applied.
    The State of North Carolina originally adopted Rule .0968 in 2010.
EPA most recently approved amendments to the state rule in North
Carolina's SIP on May 9, 2013. See 78 FR 27065. EPA is proposing to
approve the April 13, 2021, updates to Rule .0968 because, as minor,
non-substantive changes, they will not impact air quality and thus they
will not interfere with any applicable CAA requirements.

III. Incorporation by Reference

    In this document, EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, EPA is proposing to incorporate by
reference the North Carolina rules discussed in Section II. These
regulations were state effective on November 1, 2020. EPA has made, and
will continue to make, these materials generally available through
www.regulations.gov and at the EPA Region 4 office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information).

IV. Proposed Action

    EPA is proposing to approve the April 13, 2021, SIP revision to
incorporate various changes to North Carolina's VOC air provisions into
the SIP. Specifically, EPA is proposing to approve various ministerial
and minor changes to language and other clarifying changes throughout
North Carolina's rules in 02D Section .0900, Volatile Organic
Compounds. EPA is proposing to approve these changes for the reasons
discussed above.

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 Clean Air 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);
     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); and
     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;
    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).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    The NCDAQ did not evaluate environmental justice considerations as
part of its SIP submittal; the CAA and applicable implementing
regulations neither prohibit nor require such an evaluation. EPA did
not perform an EJ analysis and did not consider EJ in this action. Due
to the nature of the action being taken here, this action is expected
to have a neutral to positive impact on the air quality of the affected
area. Consideration of EJ is not required as part of this action, and
there is no information in the record inconsistent with the stated goal
of E.O. 12898 of achieving environmental justice for people of color,
low-income populations, and Indigenous peoples.

List of Subjects in 40 CFR Part 52

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

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

    Dated: June 6, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
[FR Doc. 2023-12581 Filed 6-12-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 112 (Friday, June 10, 2016)]
[Rules and Regulations]
[Pages 37507-37510]
[FR Doc No: 2016-13746]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2016-0463]
RIN 1625-AA08

Special Local Regulation; Midwest Masters Sprints; Maumee River;
Toledo, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation controlling movement of vessels for certain waters of the
Maumee River. This action is necessary and is intended to ensure safety
of life on navigable waters to be used for a rowing event immediately
prior to, during, and immediately after this event. This regulation
requires vessels to maintain a minimum speed for safe navigation and
maneuvering.

DATES: This temporary final rule is effective from 5 a.m. until 2:30
p.m. on June 11, 2016. For the purposes of enforcement, actual notice
will be used on June 11, 2016.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-

0463 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket
Folder on the line associated with this rule. 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
temporary final rule, call or email Petty Officer Brett Kreigh, Marine
Safety Unit Toledo, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
NAD 83 North American Datum of 1983
NPRM Notice of Proposed Rulemaking

II. Background History and Regulatory Information

    On June 11, 2016, the Toledo Rowing Club is holding a rowing
regatta in which at least 200 rowers will participate in a race on the
Maumee River. Due to the projected amount of human-powered watercraft
on the water, there is a need to require vessels in the affected
waterways to maintain a minimum speed for safe navigation. The rowing
regatta will occur between 5 a.m. and 2:30 p.m. on June 11, 2016. This
event is taking place under the same sponsorship in the same location
as last year.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231, 33 CFR 1.05-1 and 160.5; and Department of Homeland Security
Delegation No. 0170.1. Having reviewed the application for a marine
event submitted by the sponsor on January 11, 2016, the Captain of the
Port Detroit (COTP) has determined that the likely combination of
recreation vessels, commercial vessels, and an unknown number of
spectators in close proximity to a rowing regatta along the water pose
extra and unusual hazards to public safety and property. Therefore, the
COTP is establishing a Special Local Regulation around the event
location to help minimize risks to safety of life and property during
this event.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because waiting for a notice and comment period to
run would be impracticable, unnecessary, and contrary to the public
interest. Although an initial marine event application was submitted on
January 11, 2016, final details regarding event area and patrol
parameters were not known to the Coast Guard with sufficient time for
the Coast Guard to solicit public comments before the start of the
event. Thus, delaying the effective date of this rule to wait for a
notice and comment period to run would be impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to protect the public from the hazards associated with this power boat
race.
    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. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

IV. Discussion of Rule

    This rule establishes a temporary special local regulation from 5
a.m. until 2:30 p.m. on June 11, 2016. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following waterway: All waters of
the Maumee River, Toledo, OH from the Veterans Glass Memorial Bridge at
River Mile 3.25 to the Norfolk Southern Railroad Bridge at River Mile
5.76.
    An on-scene representative of the COTP or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state or local law enforcement vessel assigned to
patrol the event. Vessel operators desiring to transit through the
regulated area must contact the Coast Guard Patrol Commander to obtain
permission to do so. The COTP or his designated on-scene representative
may be contacted via VHF Channel 16.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders (E.O.).

A. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O.
13563, Improving Regulation and Regulatory Review, and does not require
an assessment of potential costs and benefits under section 6(a)(3) of
E.O. 12866 or under section 1 of E.O. 13563. The Office of Management
and Budget has not reviewed it under those Orders.
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues.
    The Coast Guard's use of this special local regulation will be of
relatively small size and only nine and a half hours in duration, and
it is designed to minimize the impact on navigation. Moreover, vessels
may transit through the area affected by this special local regulation
at a minimum speed for safe navigation. Overall, the Coast Guard
expects minimal impact to vessel movement from the enforcement of this
special local regulation.

B. Impact on Small Entities

    As per the Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-
612, as amended, we have considered the potential impact of regulations
on small entities during rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of the Maumee River, in the vicinity
of Toledo, OH between 5 a.m. and 2:30 p.m. on June 11, 2016.
    This special local regulation will not have a significant economic
impact on

a substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of the regulation, Coast Guard Sector Detroit will issue a
local Broadcast Notice to Mariners so vessel owners and operators can
plan accordingly.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them. If this 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.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against entities
that question or complain about this rule or any policy or action of
the Coast Guard.

D. 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).

E. Federalism

    A rule has implications for federalism under E.O. 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.

F. 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.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

H. Taking of Private Property

    This rule will 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.

I. Civil Justice Reform

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

J. Protection of Children

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

K. Indian Tribal Governments

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

L. Energy Effects

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

M. Technical Standards

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

N. 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 concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves the establishment of a special local regulation and
is therefore categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T09-0463 to read as follows:

Sec.  100.35T09-0463  Special Local Regulation; Midwest Masters
Sprints; Maumee River; Toledo, OH.

    (a) Regulated area. A regulated area is established to encompass
the following waterway: all waters of the Maumee River, from the
Veterans Glass Memorial Bridge at River Mile 3.25 to the Norfolk
Southern Railroad Bridge at River Mile 5.76.
    (b) Effective period. This section is effective and will be
enforced from 5 a.m. until 2:30 p.m. on June 11, 2016.
    (c) Regulations. (1) Consistent with Sec.  100.901 of this part,
vessels transiting within the regulated area shall travel at a no-wake
speed and remain vigilant at all times. Additionally, vessels within
the regulated area must yield right-of-way for event participants and
event safety craft. Commercial vessels will have right-of-way over
event participants, and event safety craft.

    (2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16. Vessel operators given permission
to operate within the regulated area must comply with all directions
given to them by the COTP or his on-scene representative.
    (3) The ``on-scene representative'' of the COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the COTP to act on
his behalf.

    Dated: June 6, 2016.
Raymond Negron,
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2016-13746 Filed 6-9-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 67 (Thursday, April 8, 2010)]
[Notices]
[Pages 17978-17980]
[FR Doc No: 2010-7942]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-42; File No. S7-07-10]

Privacy Act of 1974: Systems of Records

AGENCY: Securities and Exchange Commission.

ACTION: Notice of revised system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission
(``Commission'' or ``SEC'') proposes to revise a Privacy Act system of
records: ``Pay and Leave System (SEC-15)''. The revisions reflect
changes that have occurred since the notice was last published in the
Federal Register Volume 64, Number 236 on Thursday, December 9, 1999.

DATES: The proposed changes will become effective May 18, 2010 unless
further notice is given. The Commission will publish a new notice if
the effective date is delayed to review comments or if changes are made
based on comments received. To be assured of consideration, comments
should be received on or before May 10, 2010.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number S7-07-10 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number S7-07-10. This file number
should be included on the subject line if e-mail is used. To help us
process and review your comments more efficiently, please use only one
method. The Commission will post all comments on the Commission's
Internet Web site http://www.sec.gov/rules/other.shtml). Comments are
available for Web site viewing and printing in the Commission's Public
Reference Room, 100 F Street, NE., Washington, DC 20549, on official
business days between the hours of 10 a.m. and 3 p.m. All comments
received will be posted without change; we do not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Barbara A. Stance, Chief Privacy
Officer, Office of Information Technology,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Commission proposes to revise the
Privacy Act system of records ``Pay and Leave System'' (SEC-15).'' The
revisions reflect changes that have occurred since the notice was last
published and will update the system name, system location, categories
of individuals covered by the system, categories of records in the
system, routine uses of records maintained in the system,
retrievability of records, records' safeguards, retention and
disposition of records, system manager and address, notification
procedures, record access procedures, contesting records procedures,
and record source categories.
    The Commission has submitted a report of the revised system of
records to the appropriate Congressional committees and to the Director
of the Office of Management and Budget (``OMB'') as required by 5
U.S.C. 552a(r) (Privacy Act of 1974) and guidelines issued by OMB on
December 12, 2000 (65 FR 77677).
    Accordingly, the Commission is revising the system of records to
read as follows:
SEC-15

SYSTEM NAME:
    Payroll, Attendance, Retirement and Leave Records.

SYSTEM LOCATION:
    1. Payroll files, retirement case files, time and attendance
reports, and service history files: SEC, 100 F Street, NE., Washington,
DC 20549;
    2. Notices of personnel action and other pay-related records:
Department of the Interior, National Business Center, Payroll
Operations Division, Mail Stop D-2662, 7301 West Mansfield Avenue,
Lakewood, CO 80235-2230; and
    3. Retired personnel files: National Archives and Records
Administration, National Personnel Records Center (Civilian Personnel
Records Center), 111 Winnebago Street, St. Louis, MO 63118.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Past and present employees, interns, fellows, volunteers and
persons who work at the SEC under the Intergovernmental Personnel Act
(employees).

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records include, but are not limited to: employee name,
address, phone number, Social Security number, organization code, pay
rate, salary, grade, length of service, pay and leave records, source
documents for posting time and leave attendance, and deductions for
Medicare, Old Age, Survivors, and Disability Insurance (OASDI, also
known as Social Security), bonds, Federal Employee Group Life Insurance
(FEGLI), union dues, taxes, allotments, quarters, retirement,
charities, Federal and commercial health benefits, Flexible Spending
Account, Long Term Care Insurance, Thrift Savings Plan contributions,
award, shift schedules, and pay differential, tax lien data, wage
garnishments. The payroll, retirement and leave records described in
this

notice form a part of the information contained in the Department of
the Interior's integrated Federal Personnel and Payroll System (FPPS).
Personnel records contained in the FPPS are covered under the
government-wide system of records notice published by the Office of
Personnel Management (OPM/GOVT-1) and Commission's system of records
notice, SEC-39, Personnel Management Employment and Staffing Files.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 302; 31 U.S.C. 3512.

PURPOSE(S):
    The primary uses of the records are for the Commission's fiscal
operations for payroll, time and attendance, leave, insurance, tax,
retirement, qualifications, and benefits; to prepare related reports to
other Federal agencies including the Department of Treasury and the
Office of Personnel Management; and to locate SEC employees and
determine such matters as their period of service, type of leave,
qualifications, benefits, and pay.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
    1. To the National Business Center of the U.S. Department of the
Interior.
    2. To any Federal, state, or local government compiling tax
withholding, retirement contributions, or allotments to charities,
labor unions, wage garnishments, and other authorized recipients.
    3. To any Federal governmental authority or its agents
investigating (a) a violation or potential violation of a statute,
rule, regulation, or order, or (b) an employee's grievance or
complaint.
    4. To any member of the public for employment verification at an
employee's written request.
    5. To any judgment creditor for the purpose of wage garnishment.
    6. To any arbitrator under a negotiated labor agreement.
    7. To the General Accountability Office, the Office of Management
and Budget, and other Federal agencies to support payments of salaries
and benefits to SEC employees.
    8. To the Office of Child Support Enforcement, Administration for
Children and Families, Department of Health and Human Services, the
Federal Parent Locator System and the Federal Tax Offset System to (a)
Locate individuals, (b) identify income sources, (c) establish
paternity, (d) verify social security numbers or employment, (e) issue,
modify, or enforce orders of support, or (f) administer the Federal
Earned Income Tax Credit Program.
    9. To a Congressional office in response to an inquiry from that
Congressional office made at the request of the individual to whom the
record pertains.
    10. To produce summary descriptive statistics and analytical
studies, as a data source for management information, in support of the
function for which the records are collected and maintained or for
related personnel management functions or manpower studies; may also be
utilized to respond to general requests for statistical information
(without personal identification of individuals) under the Freedom of
Information Act.
    11. To interns, grantees, experts, contractors and others who have
been engaged by the Commission to assist in the performance of a
service related to this system of records and who need access to the
records for the purpose of assisting the Commission in the efficient
administration of its programs, including by performing clerical or
stenographic functions, or by reproduction of records by electronic or
other means. Recipients of these records shall be required to comply
with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C.
552a.
    12. When (a) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; (b) the Commission has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Commission or another agency or entity) that rely
upon the compromised information; and (c) the disclosure is made to
such agencies, entities, and persons who are reasonably necessary to
assist in connection with the Commission's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm.
    13. To a commercial contractor in connection with benefit programs
administered by the contractor on the Commission's behalf, including,
but not limited to, supplemental health, dental, disability, life and
other benefit programs.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic and paper format. Electronic
records are stored in computerized databases, on computer disc and/or
other electronic media. Paper records are stored in locked file rooms
and/or file cabinets.

RETRIEVABILITY:
    These records may be retrieved by identifiers including, but not
limited to, individual's name, an employee's name or social security
number, birthday, and organizational code.

SAFEGUARDS:
    Records are safeguarded in a secured environment. Buildings where
records are stored have security cameras and 24 hour security guard
service. Access is limited to those personnel whose official duties
require access. Paper records are maintained in limited access areas
during duty hours and in locked file cabinets and/or locked offices or
file rooms at all other times. Computerized records are safeguarded
through use of access codes and information technology security.
Contractors and other recipients providing services to the Commission
shall be required to comply with the Privacy Act and applicable agency
rules and regulations issued under the Act.

RETENTION AND DISPOSAL:
    These records will be maintained until they become inactive, at
which time they will be retired or destroyed in accordance with records
schedules of the United States Securities and Exchange Commission and
as approved by the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Associate Executive Director, Office of Human Resources, Securities
and Exchange Commission, 100 F Street, NE., Washington, DC 20549.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a
record pertaining to the requesting individual should be directed to
the FOIA/PA Officer, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-5100.

RECORD ACCESS PROCEDURE:
    Persons wishing to obtain information on the procedures for gaining
access to or contesting the contents of these records should contact
the FOIA/Privacy Act Officer, Securities and

Exchange Commission, 100 F Street, NE., Washington, DC 20549-5100.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

RECORD SOURCE CATEGORIES:
    Records source is from individuals on whom the records are
maintained, official personnel records of individuals on whom the
records are maintained, time and attendance records, withholding
certificates, third-party benefit providers, and other pay-related
records prepared by the individual or the Office of Human Resources.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    By the Commission.

    Dated: April 2, 2010.
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-7942 Filed 4-7-10; 8:45 am]
BILLING CODE 8011-01-P