12860 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

TABLE TWO

Vessel Number 

Masthead 

lights, distance to 

stbd of 

keel in meters; Rule 

21(a) 

Forward 

anchor 

light, distance 

below flight 

dk in 

meters; 

§ 2(K), 

Annex I 

Forward 

anchor 

light, number of; 

Rule 30(a) 

(i) 

AFT anchor light, 

distance 

below flight 

dk in meters; Rule 

21(e), Rule 

30(a)(ii) 

AFT anchor light, 

number of; 

Rule 30(a) 

(ii) 

Side lights, 

distance 

below flight 

dk in 

meters; 

§ 2 (g), 

Annex I 

Side lights, 

distance 

forward of 

forward 

masthead 

light in 

meters; 

§ 3(b), 

Annex I 

Side lights, 

distance 

inboard of 

ship’s 

sides in 

meters; 

§ 3(b), 

Annex I 

*******

USS NORFOLK ................. SSN 714 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

USS CHICAGO .................. SSN 721 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

USS KEY WEST ................ SSN 722 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

*******

USS HELENA .................... SSN 725 ............................ 0.41 .................. .................. .................. .................. .................. .................. ..................

*******

* * * * * 

Approved: February 23, 2011. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

Dated: March 1, 2011. 

D.J. Werner, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. 2011–5168 Filed 3–8–11; 8:45 am] 

BILLING CODE 3810–FF–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0210; FRL–9277–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Kentucky; Louisville Nonattainment 

Area; Determination of Attainment of 

the 1997 Annual Fine Particle Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

bi-state Louisville (Indiana and 

Kentucky) fine particle (PM2.5) 

nonattainment area has attained the 

1997 annual average PM2.5 National 

Ambient Air Quality Standard 

(NAAQS). This determination is based 

upon complete, quality-assured, and 

certified ambient air monitoring data for 

the 2007–2009 period showing that the 

area has monitored attainment of the 

annual PM2.5 NAAQS. Preliminary data 

for 2010 available to date are consistent 

with continued attainment. As a result 

of this determination, the requirements 

for the area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the standards shall be 

suspended for so long as the area 

continues to attain the annual PM2.5

NAAQS. 

DATES: This final rule is effective on 

March 9, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2010–0210. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region 5 office, Air and 

Radiation Division, 77 West Jackson 

Boulevard, Chicago, Illinois 60604, or in 

Region 4 at the Environmental 

Protection Agency, Air, Pesticides and 

Toxics Management Division, 61 

Forsyth Street, SW., Atlanta, Georgia. 

These facilities are open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding Federal holidays. We 

recommend that you telephone John 

Summerhays, Environmental Scientist, 

at (312) 886–6067 before visiting the 

Region 5 office or Joel Huey, 

Environmental Scientist, at (404) 562– 

9104 before visiting the Region 4 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, Environmental Scientist, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6067, 

summerhays.john@epa.gov. In Region 4, 

contact Joel Huey, Environmental 

Scientist, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960, (404) 

562–9104, huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

This SUPPLEMENTARY INFORMATION

section is arranged as follows: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What did EPA propose? 

IV. What does the most recent monitoring 

data show? 

V. What is the effect of this action? 

VI. When is this action effective? 

VII. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is determining that the Louisville 

PM2.5 annual NAAQS nonattainment 

area (which includes Jefferson and 

Bullitt Counties in Kentucky and Clark 

and Floyd Counties and the Madison 

Township of Jefferson County in 

Indiana) has attained the 1997 annual 

PM2.5 NAAQS. This determination is 

based upon complete, quality-assured, 

and certified ambient air monitoring 

data for the 2007–2009 monitoring 

period that show that the area has 

monitored attainment of the 1997 

annual PM2.5 NAAQS. Preliminary data 

available for 2010 are consistent with 

continued attainment. 

II. What is the background for this 

action? 

On July 18, 1997 (62 FR 36852), EPA 

established an annual PM2.5 NAAQS at 

15.0 micrograms per cubic meter (μg/ 

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Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 12861 

m3) based on a three-year average of 

annual mean PM2.5 concentrations. At 

that time, EPA also established a 24- 

hour standard of 65 μg/m3 (today’s 

action does not address the 24-hour 

standard). See 40 CFR 50.7. On January 

5, 2005 (70 FR 944), EPA published its 

air quality designations and 

classifications for the 1997 PM2.5

NAAQS based upon air quality 

monitoring data from those monitors for 

calendar years 2001–2003. These 

designations became effective on April 

5, 2005. The Louisville area was 

designated nonattainment for the 1997 

PM2.5 NAAQS. See 40 CFR 81.315 

(Indiana) and 40 CFR 81.318 

(Kentucky). 

On October 17, 2006 (71 FR 61144), 

EPA retained the 1997 annual PM2.5

NAAQS at 15.0 μg/m3 based on a threeyear average of annual mean PM2.5

concentrations, and promulgated a 24- 

hour standard of 35 μg/m3 based on a 

three-year average of the 98th percentile 

of 24-hour concentrations. On 

November 13, 2009, EPA designated the 

Louisville area as attainment for the 

2006 24-hour standard (74 FR 58688). In 

that action, EPA also clarified the 

designations for the NAAQS 

promulgated in 1997, stating that the 

Louisville area was designated as 

nonattainment for the annual standards 

but attainment for the 24-hour 

standards. Thus, today’s action does not 

address attainment of either the 1997 or 

the 2006 24-hour standards. 

In response to legal challenges of the 

annual standards promulgated in 2006, 

the U.S. Court of Appeals for the District 

of Columbia Circuit (DC Circuit) 

remanded these standards to EPA for 

further consideration. See American 

Farm Bureau Federation and National 

Pork Producers Council, et al. v. EPA, 

559 F.3d 512 (D.C. Cir. 2009). However, 

given that the 1997 and 2006 annual 

standards are essentially identical, 

attainment of the 1997 annual standards 

would also indicate attainment of the 

remanded 2006 annual standards. 

On April 25, 2007 (72 FR 20664), EPA 

promulgated its PM2.5 implementation 

rule, codified at 40 CFR part 51, subpart 

Z, in which the Agency provided 

guidance for state and tribal plans to 

implement the 1997 PM2.5 standards. 

This rule, at 40 CFR 51.1004(c), 

specifies some of the regulatory 

consequences of attaining the standards, 

as discussed below. 

III. What did EPA propose? 

EPA proposed that the Louisville area 

(including portions in Indiana and 

Kentucky) has attained the 1997 PM2.5

NAAQS. EPA published this proposed 

determination on September 14, 2010, at 

75 FR 55725. Further details regarding 

the proposal are available in the 

proposed rule. EPA’s proposed action 

provided a 30-day public comment 

period. We did not receive any 

comments. 

IV. What does the most recent 

monitoring data show? 

EPA examined monitoring data for 

2010 that are available to date in the 

EPA Air Quality System (AQS) 

database, but not yet certified. While 

these data are insufficient to represent 

full year average concentrations, all sites 

within the area average below 15.0 μg/ 

m3 and thus the available data suggest 

that this area continues to attain the 

1997 annual PM2.5 NAAQS. 

V. What is the effect of this action? 

On the basis of this review, EPA has 

determined that the Louisville area has 

attained the 1997 annual PM2.5 NAAQS 

based on complete, quality-assured and 

certified 2007–2009 data. Data available 

for 2010 that are in the EPA AQS 

database but not yet certified suggest 

that the area continues to attain the 

1997 annual PM2.5 NAAQS. As a result 

of this determination, under the 

provisions of EPA’s PM2.5

implementation rule (see 40 CFR 

51.1004(c)), the requirements for 

Indiana and Kentucky to submit 

attainment demonstrations and 

associated RACM, RFP plans, 

contingency measures, and any other 

planning SIPs related to attainment of 

the 1997 annual PM2.5 NAAQS for the 

Louisville PM2.5 nonattainment area are 

suspended for so long as the area 

continues to attain the 1997 annual 

PM2.5 NAAQS. This suspension will 

continue until such time, if any, that 

EPA subsequently determines that the 

area has violated the 1997 annual PM2.5

NAAQS. 

If EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 1997 annual PM2.5 NAAQS, 

the basis for the suspension of the 

specific requirements, set forth at 40 

CFR 51.1004(c), would no longer exist 

for the pertinent area, and EPA would 

take action to withdraw the 

determination and direct the pertinent 

area to address the suspended 

requirements. 

The determination that the air quality 

data show attainment of the 1997 

annual PM2.5 NAAQS is not equivalent 

to the redesignation of the area to 

attainment for the 1997 annual PM2.5

NAAQS under section 107(d)(3) of the 

Clean Air Act (CAA). Further, finalizing 

this action does not involve approving 

maintenance plans for the area as 

required under section 175A of the 

CAA, nor does it involve a 

determination that the area has met all 

requirements for a redesignation. The 

designation status of the area will 

remain nonattainment for the 1997 

annual PM2.5 NAAQS until such time as 

EPA determines that the area meets the 

CAA requirements for redesignation to 

attainment for that standard. 

VI. When is this action effective? 

EPA finds that there is good cause for 

this determination to become effective 

on the date of publication of this action 

in the Federal Register, because a 

delayed effective date is unnecessary 

due to the nature of the action. The 

expedited effective date for this action 

is authorized under both 5 U.S.C. 

553(d)(1), which provides that rule 

actions may become effective less than 

30 days after publication if the rule 

‘‘grants or recognizes an exemption or 

relieves a restriction,’’ and 5 U.S.C. 

553(d)(3), which allows an effective date 

less than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ As noted above, this 

determination of attainment will result 

in a suspension of the requirements for 

the Louisville area to submit an 

attainment demonstration, a RFP plan, 

section 172(c)(9) contingency measures, 

and any other planning SIPs related to 

attainment of the 1997 annual PM2.5

NAAQS for so long as the area 

continues to attain the PM2.5 NAAQS. 

The suspension of these requirements is 

sufficient reason to allow an expedited 

effective date of this rule under 5 U.S.C. 

553(d)(1). In addition, the suspension of 

the obligations of Indiana and Kentucky 

to make submissions for these 

requirements provides good cause to 

make this rule effective on the date of 

publication of this action in the Federal 

Register, pursuant to 5 U.S.C. 553(d)(3). 

The purpose of the 30-day waiting 

period prescribed in 5 U.S.C. 553(d) is 

to give affected parties a reasonable time 

to adjust their behavior and prepare 

before the final rule takes effect. Where, 

as here, the final rule suspends 

requirements rather than imposing 

obligations, affected parties, such as the 

Louisville area, do not need time to 

adjust and prepare before the rule takes 

effect. 

VII. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is not subject to 

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12862 Federal Register / Vol. 76, No. 46 / Wednesday, March 9, 2011 / Rules and Regulations 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action makes a 

determination based on air quality data 

and results in the suspension of certain 

Federal requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule makes a determination based on air 

quality data, and results in the 

suspension of certain Federal 

requirements, it 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). 

This rule also does not have tribal 

applications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects 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, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

makes a determination based on air 

quality data and results in the 

suspension of certain Federal 

requirements, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks’’ (62 FR 19885, April 23, 1997) 

because it determines that air quality in 

the affected area is meeting Federal 

standards. 

The requirements of 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply because it would 

be inconsistent with applicable law for 

EPA, when determining the attainment 

status of an area, to use voluntary 

consensus standards in place of 

promulgated air quality standards and 

monitoring procedures to otherwise 

satisfy the provisions of the CAA. This 

rule does not impose an information 

collection burden under the provisions 

of the Paper Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Under Executive Order 12898, EPA 

finds that this rule, pertaining to the 

determination of attainment of the fine 

particle standards for the Louisville 

(Indiana and Kentucky) area, involves 

determination of attainment based on 

air quality data and will not have 

disproportionately high and adverse 

human health or environmental effects 

on any communities in the area, 

including minority and low-income 

communities. 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because there is no 

federally recognized Indian country 

located in the states, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing these actions 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 rules in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. These actions are not 

‘‘major rules’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of these 

actions must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 9, 2011. 

Filing a petition for reconsideration by 

the Administrator of these final rules 

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. These actions 

may not be challenged later in 

proceedings to enforce its requirements. 

(See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

Dated: January 12, 2011. 

Susan Hedman, 

Regional Administrator, Region 5. 

Dated: February 25, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart P—Indiana 

■ 2. Section 52.776 is amended by 

adding paragraph (t) to read as follows: 

§ 52.776 Control strategy: Particulate 

matter. 

* * * * * 

(t) Determination of Attainment. EPA 

has determined, as of March 9, 2011, 

that the Louisville, IN-KY PM2.5

nonattainment area has attained the 

1997 PM2.5 NAAQS. These 

determinations, in accordance with 40 

CFR 51.1004(c), suspend the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 PM2.5 NAAQS. 

Subpart S—Kentucky 

■ 3. Section 52.933 is amended by 

designating the existing text as 

paragraph (a) and by adding paragraph 

(b) to read as follows: 

§ 52.933 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(b) Determination of Attainment. EPA 

has determined, as of March 9, 2011, 

that the Louisville, IN-KY PM2.5

nonattainment area has attained the 

1997 PM2.5 NAAQS. These 

determinations, in accordance with 40 

CFR 51.1004(c), suspend the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress, contingency 

measures, and other plan elements 

related to attainment of the standards 

for as long as the area continues to meet 

the 1997 PM2.5 NAAQS. 

[FR Doc. 2011–5214 Filed 3–8–11; 8:45 am] 

BILLING CODE 6560–50–P 

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