72032 Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 

(4) Snowmobile requirements. 

Snowmobiles are limited to a maximum 

of 1200 pounds gross vehicle weight 

(GVW), including cargo but excluding 

the weight of the driver and any 

passenger. 

* * * * * 

(e) Off-road motor vehicle use. 

Operating a motor vehicle is allowed 

within the boundaries of Curecanti 

National Recreation Area off park roads 

under the following conditions: 

(1) Designated routes and areas. 

Motor vehicle use off park roads is 

confined to the following routes and 

areas: 

(i) Via the access points and routes 

listed in paragraph (c)(2)(ii) of this 

section, directly to the frozen surface of 

Blue Mesa Reservoir; 

(ii) A maximum area of approximately 

958 acres of the exposed lake bottom of 

Blue Mesa Reservoir between the highwater mark and the water of the 

reservoir; and 

(iii) Posted designated access routes 

through the recreation area described 

and selected in the Curecanti Motor 

Vehicle Access Plan/Finding of No 

Significant Impact dated July 10, 2012. 

(2) Identification of designated routes 

and areas. These routes and areas are 

identified on Maps 6a and 6b, dated 

January 1, 2011, which are available at 

the office of the Superintendent, Elk 

Creek Visitor Center, Lake Fork Visitor 

Center, Cimarron Visitor Center, and on 

the recreation area Web site. 

(3) Vehicle requirements. Motor 

vehicles operating off park roads must 

meet the following requirements: 

(i) Wheelbase width must not exceed 

8 feet, 6 inches. 

(ii) Maximum gross vehicle weight for 

motor vehicle use on the frozen surface 

of Blue Mesa Reservoir is 1800 pounds 

GVW, including cargo but excluding the 

weight of the driver and any passenger. 

This restricts vehicle use on the frozen 

surface to all-terrain and utility task 

type vehicles. 

(4) Speed limits. Unless otherwise 

posted, motor vehicles may not exceed 

15 miles per hour on designated off-road 

routes and areas. 

(f) Superintendent’s authority. The 

Superintendent may open or close 

designated routes, water surfaces, access 

points, or areas open to snowmobile, 

PWC, or off-road motor vehicle use, or 

portions thereof, or impose conditions 

or restrictions for snowmobile, PWC, or 

off-road motor vehicle use after taking 

into consideration public health and 

safety, natural and cultural resource 

protection, and other management 

activities and objectives. 

(1) The Superintendent will provide 

public notice of all such actions through 

one or more of the methods listed in 

§ 1.7 of this chapter. 

(2) Violating a closure, condition or 

restriction is prohibited. 

Dated: November 20, 2013. 

Rachel Jacobson, 

Principal Deputy Assistant Secretary for Fish 

and Wildlife and Parks. 

[FR Doc. 2013–28788 Filed 11–29–13; 8:45 am] 

BILLING CODE 4312–EJ–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2013–0618; 

FRL–9903–24-Region 2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

York; Determination of Clean Data for 

the 1987 PM10 Standard for the New 

York County Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

New York County nonattainment area in 

New York is attaining the National 

Ambient Air Quality Standard (NAAQS) 

for particulate matter with an 

aerodynamic diameter of less than or 

equal to a nominal ten micrometers 

(PM10) based on certified, qualityassured ambient air monitoring data for 

the years 2010 through 2012. EPA is 

also determining that New York’s 

obligation to make submissions to meet 

certain Clean Air Act requirements 

related to attainment of the NAAQS is 

not applicable for as long as the New 

York County nonattainment area 

continues to attain the NAAQS. 

DATES: This rule is effective on January 

2, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2013–0618. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, 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 for public inspection during 

normal business hours at the Air 

Programs Branch, Environmental 

Protection Agency, Region II, 290 

Broadway, New York, New York 10007. 

FOR FURTHER INFORMATION CONTACT: 

If you have questions concerning 

today’s final action, please contact 

Henry Feingersh, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, telephone number 

(212) 637–3382, fax number (212) 637– 

3901, email feingersh.henry@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

EPA is determining that the New York 

County nonattainment area in New York 

is attaining the National Ambient Air 

Quality Standard (NAAQS) for 

particulate matter with an aerodynamic 

diameter of less than or equal to a 

nominal ten micrometers (PM10). This 

determination is based upon certified, 

quality-assured ambient air monitoring 

data that show the area has monitored 

attainment of the PM10 NAAQS for the 

years 2010 through 2012. Actually, New 

York County has been attaining the 

PM10 standard since 1992. Specific 

details regarding the determination and 

the rationale for EPA’s action are 

explained in the proposed rulemaking 

published in the Federal Register (FR) 

on September 13, 2013 (78 FR 56633). 

EPA’s determination is being made in 

accordance with its longstanding 

interpretation under the Clean Data 

Policy, and with previously issued rules 

and determinations of attainment. A 

description of the Clean Data Policy 

with respect to the PM10 standard can be 

seen in 78 FR 56633. 

II. What comments did EPA receive on 

its proposal and what is EPA’s 

response? 

EPA did not receive any comments on 

the proposal. 

III. What is EPA’s final action? 

This final action, in accordance with 

the Clean Data Policy, which is reflected 

in 40 CFR 51.1004(c), suspends the 

requirements for the State of New York, 

to submit an attainment demonstration, 

associated reasonably available control 

measures, reasonable further progress 

plans, and contingency measures for the 

New York County PM10 nonattainment 

area for so long as the area continues to 

attain the PM10 NAAQS. 

This action does not constitute a 

redesignation to attainment under 

section 107(d)(3) of the CAA, because 

the area does not have an approved 

maintenance plan as required under 

section 175A of the CAA. Nor is it a 

determination that the area has met the 

other requirements for redesignation. 


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Federal Register / Vol. 78, No. 231 / Monday, December 2, 2013 / Rules and Regulations 72033 

The designation status of the area 

remains nonattainment for the PM10

NAAQS until such time as EPA 

determines that the area, and/or a State 

portion thereof, meets the CAA 

requirements for redesignation to 

attainment. 

EPA is determining that the New York 

County PM10 nonattainment area has 

attained both the 24-hour PM10 NAAQS 

and the revoked annual PM10 NAAQS. 

This determination is based upon 

certified, quality-assured ambient air 

monitoring data that show that the area 

has monitored attainment of the PM10

NAAQS for the 2010–2012 monitoring 

period. Preliminary air monitoring data 

available for 2013 are consistent with 

the determination that the New York 

County area PM10 nonattainment area is 

continuing to meet the PM10 NAAQS. 

This final action, in accordance with the 

Clean Data Policy, suspends the 

requirements for the State of New York 

to submit, for the New York County 

PM10 nonattainment area, an attainment 

demonstration, associated reasonably 

available control measures, reasonable 

further progress plans, and contingency 

measures in the area for so long as the 

area continues to attain the PM10

NAAQS. If EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the New York County PM10

nonattainment area has violated the 

PM10 NAAQS, the basis for the 

suspension of the specific requirements 

would no longer exist for the area, and 

New York would thereafter have to 

address the applicable requirements for 

the PM10 NAAQS. 

IV. Statutory and Executive Order 

Reviews 

This action makes an attainment 

determination based on air quality and 

results in the suspension of certain 

Federal requirements, and it does not 

impose additional requirements beyond 

those imposed by state law. For these 

reasons, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, 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 this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 31, 2014. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Particulate matter. 

Dated: November 8, 2013. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart HH—New York 

■ 2. Section 52.1678 is amended by 

adding paragraph (g) to read as follows: 

§ 52.1678 Control strategy and 

regulations: Particulate matter. 

* * * * * 

(g) Determination of Attainment. EPA 

has determined, as of December 2 2013, 

that the New York County fine particle 

(PM10) nonattainment area has attained 

the PM10 National Ambient Air Quality 

Standard. This determination suspends 

the requirements for this area to submit 

an attainment demonstration, associated 

reasonably available control measures, 

reasonable further progress plans, and 

contingency measures for as long as the 

area continues to attain the PM10

NAAQS. 

[FR Doc. 2013–28655 Filed 11–29–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0385; FRL–9903–23- 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida: General 

Requirements and Gasoline Vapor 

Control; Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: On June 1, 2009, EPA 

published a final rule in the Federal 

Register approving a Florida State 

Implementation Plan (SIP) revision, 

submitted through the Florida 


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