24840 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves certain regulations for vessels 

navigating the waters of the Magothy 

River, in Sillery Bay, and fits within the 

category in paragraph 34(g) because it 

establishes a safety zone. 

An environmental analysis checklist 

and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.513 to read as follows: 

§ 165.513 Safety Zone; Magothy River, 

Sillery Bay, MD. 

(a) Regulated area. The following area 

is a safety zone: All waters of the 

Magothy River, in Sillery Bay, contained 

within lines connecting the following 

positions: From position latitude 

39°04′40′′ N, longitude 076°27′44′′ W; 

thence to position latitude 39°04′48′′ N, 

longitude 076°27′19′′ W; thence to 

position latitude 39°04′59′′ N, longitude 

076°27′45′′ W; thence to position 

latitude 39°04′59′′ N, longitude 

076°28′01′′ W; thence to position 

latitude 39°04′41′′ N, longitude 

076°27′51′′ W; thence to the point of 

origin at position latitude 39°04′40′′ N, 

longitude 076°27′44′′ W. All coordinates 

reference Datum NAD 1983. 

(b) Definitions. As used in this 

section: 

(1) Captain of the Port Baltimore 

means the Commander, U.S. Coast 

Guard Sector Baltimore, Maryland. 

(2) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Baltimore to assist in enforcing the 

safety zone described in paragraph (a) of 

this section. 

(c) Regulations. (1) All persons are 

required to comply with the general 

regulations governing safety zones 

found in 33 CFR 165.23. 

(2) All vessels and persons are 

prohibited from entering and accessing 

this safety zone, except as authorized by 

the Captain of the Port Baltimore or his 

or her designated representative. 

(3) Persons or vessels requiring entry 

into or passage within the safety zone 

must request authorization from the 

Captain of the Port Baltimore or his or 

her designated representative, by 

telephone at (410) 576–2693 or by 

marine band radio on VHF–FM Channel 

16 (156.8 MHz), from 8 a.m. until 

10 p.m. on the fourth Saturday in July 

annually. All Coast Guard vessels 

enforcing this safety zone can be 

contacted on marine band radio VHF– 

FM Channel 16 (156.8 MHz). 

(4) All vessels and persons must 

comply with instructions of the Captain 

of the Port Baltimore or his or her 

designated representative. 

(5) The operator of any vessel entering 

or located within this safety zone shall: 

(i) Travel at no-wake speed, 

(ii) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(iii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by any 

Federal, State, and local agencies. 

(e) Enforcement period. This section 

will be enforced from 8 a.m. until 10 

p.m. on the fourth Saturday in July 

annually. 

Dated: April 4, 2012. 

Mark P. O’Malley, 

Captain, U.S. Coast Guard, Captain of the 

Port Baltimore. 

[FR Doc. 2012–10020 Filed 4–25–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0190] 

RIN 1625–AA00 

Safety Zone; Crowley Barge 750–2, 

Bayou Casotte, Pascagoula, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

the specified waters of Bayou Casotte, 

Pascagoula, Mississippi. This action is 

necessary for the protection of persons 

and vessels on navigable waters during 

the launch of the Crowley Barge 750–2, 

particularly small craft in the area that 

risk being swamped. Entry into, 

transiting or anchoring in this zone is 

prohibited to all vessels, mariners, and 

persons unless specifically authorized 

by the Captain of the Port (COTP) 

Mobile or a designated representative. 

DATES: Effective Date: this rule is 

effective in the CFR from April 26, 2012 

until 11:59 p.m. April 30, 2012. This 

rule is effective with actual notice for 

purposes of enforcement beginning 

12:01 a.m. April 22, 2012. 

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Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24841 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0190 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0190 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays 

and U.S. Coast Guard Sector Mobile 

(spw), Building 102, Brookley Complex 

South Broad Street Mobile, AL 36615, 

between 8:00 a.m. and 3:30 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email LT Lenell J. Carson, 

Coast Guard Sector Mobile, Waterways 

Division; telephone 251–441–5940 or 

email Lenell.J.Carson@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

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 (NPRM) 

with respect to this rule because there 

is insufficient time to publish a NPRM. 

The Coast Guard received notification 

on March 28, 2012 of VT-Halter 

Pascagoula’s intentions to launch the 

Crowley Barge 750–2 on April 22, 2012. 

Publishing a NPRM is impracticable 

because it would unnecessarily delay 

the required safety zone’s effective date. 

The safety zone is needed to protect 

persons and vessels from safety hazards 

associated with the launching of the 

Crowley Barge 750–2. Additionally, 

delaying the safety zone for the NPRM 

process would unnecessarily interfere 

with launching the barge and its 

possible commercial and contractual 

obligations. 

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. The Coast Guard received 

notification on March 28, 2012 of VTHalter Pascagoula’s intentions to launch 

the Crowley Barge 750–2 on April 22, 

2012. This rule is temporary and will 

only be enforced for a short duration 

while the vessel is being launched. 

Delaying the effective date would be 

impracticable because immediate action 

is needed to protect persons and vessels 

from safety hazards associated with the 

launching of the Crowley Barge 750–2. 

Additionally, delaying the safety zone 

for the NPRM process would 

unnecessarily interfere with launching 

the barge and its possible commercial 

and contractual obligations. 

Basis and Purpose 

VT-Halter Pascagoula is a ship yard 

and repair facility located on Bayou 

Casotte in Pascagoula, Mississippi. The 

launching of vessels from this facility 

creates a 3’ launch wave that will 

propagate eastward across the north 

turning basin of Bayou Casotte Harbor. 

This wave poses significant safety 

hazards to vessels, particularly small 

craft in the area that could potentially 

be swamped. The Pascagoula Port 

Authority will clear all vessels from 

berths north of their public terminal 

warehouse G and H due to the hazards 

associated with this wave. The COTP 

Mobile is establishing a temporary 

safety zone for a portion of Bayou 

Casotte, Pascagoula, Mississippi to 

protect persons and vessels on navigable 

waters during the launching of the 

Crowley Barge 750–2. 

The COTP anticipates minimal impact 

on vessel traffic due to this regulation. 

However, this safety zone is deemed 

necessary for the protection of life and 

property within the COTP Mobile zone. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone for a portion of 

Bayou Casotte, to include all waters 

between a southern boundary 

represented by positions, 30°20′42.3′′ N, 

088°30′26.0′′ W and 30°20′42.3′′ N, 

088°30′33.0′′ W and a northern 

boundary represented by positions, 

30°21′06.85′′ N, 088°30′29.36′′ W and 

30°21′09.15′′ N, 088°30′24.56′′ W. This 

temporary rule will protect the safety of 

life and property in this area. Entry into, 

transiting or anchoring in this zone is 

prohibited to all vessels, mariners, and 

persons unless specifically authorized 

by the COTP Mobile or a designated 

representative. The COTP may be 

contacted by telephone at 251–441– 

5976. 

The COTP Mobile or a designated 

representative will inform the public 

through broadcast notice to mariners of 

changes in the effective period for the 

safety zone. This rule is effective from 

12:01 a.m. April 22, 2012 through 11:59 

p.m. April 30, 2012. Exact enforcement 

date and times will be broadcasted via 

a Safety Broadcast Notice to Mariners. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Executive Order 

12866 or under section 1 of Executive 

Order 13563. The Office of Management 

and Budget has not reviewed it under 

that those Orders. 

The temporary safety zone listed in 

this rule will restrict vessel traffic from 

entering, transiting, or anchoring within 

a small portion of Bayou Casotte Harbor, 

Pascagoula, Mississippi. The effect of 

this regulation will not be significant for 

several reasons: (1) This rule will only 

affect vessel traffic for a short duration; 

(2) vessels may request permission from 

the COTP to transit through the safety 

zone; and (3) the impacts on routine 

navigation are expected to be minimal. 

Notifications to the marine community 

will be published in the local notice to 

mariners and a broadcast notice to 

mariners. These notifications will allow 

the public to plan operations around the 

affected area. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

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24842 Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit or anchor in 

the affected portions of Bayou Casotte 

Harbor, Pascagoula, Mississippi. This 

safety zone will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. The zone is limited 

in size, is of short duration and vessel 

traffic may request permission from the 

COTP Mobile or a designated 

representative to enter or transit through 

the zone. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

Collection of Information 

This calls for no new collection of 

information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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. 

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. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves safety for the public and 

environment and is not expected to 

result in any significant adverse 

environmental impact as described in 

NEPA. An environmental analysis 

checklist and a categorical exclusion 

determination will be made available as 

directed under the ADDRESSES section. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T08–0190 to read as 

follows: 

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Federal Register / Vol. 77, No. 81 / Thursday, April 26, 2012 / Rules and Regulations 24843 

§ 165.T08–0190 Safety Zone; Bayou 

Casotte; Pascagoula, MS. 

(a) Location. The following area is a 

temporary safety zone: a portion of 

Bayou Casotte, to include all waters 

between a southern boundary 

represented by positions, 30°20′42.3′′ N, 

088°30′26.0′′ W and 30°20′42.3′′ N, 

088°30′33.0′′ W and a northern 

boundary represented by positions, 

30°21′06.85′′ N, 088°30′29.36′′ W and 

30°21′09.15′′ N, 088°30′24.56′′ W. 

(b) Enforcement. This rule will be 

effective from 12:01 a.m. April 22, 2012 

through 11:59 p.m. April 30, 2012. Exact 

enforcement date and times will be 

broadcasted via a Safety Broadcast 

Notice to Mariners. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port Mobile or a 

designated representative. 

(2) Persons or vessels desiring to enter 

into or passage through the zone must 

request permission from the Captain of 

the Port Mobile or a designated 

representative. They may be contacted 

on VHF–FM channels 16 or by 

telephone at 251–441–5976. 

(3) If permission is granted, all 

persons and vessels shall comply with 

the instructions of the Captain of the 

Port or designated representative. 

(d) Informational broadcasts. The 

Captain of the Port or a designated 

representative will inform the public 

through broadcast notices to mariners of 

the enforcement period for the safety 

zone as well as any changes in the 

planned schedule. 

Dated: April 4, 2012. 

D.J. Rose, 

Captain, U.S. Coast Guard, Captain of the 

Port Mobile. 

[FR Doc. 2012–10215 Filed 4–24–12; 4:15 pm] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0024; FRL–9664–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Removal of Transcontinental Gas Pipe 

Line Corporation Permit From State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Virginia State Implementation Plan 

(SIP). The revision pertains to a 

Transcontinental Gas Pipe Line 

Corporation (Transco) operating permit 

that EPA approved into the Virginia SIP 

to meet nitrogen oxides (NOX) reduction 

requirements for large stationary 

internal combustion engines under the 

NOX SIP Call. Transco Station 175 has 

permanently shut down, and this 

revision removes the permit from the 

Virginia SIP. EPA is approving this 

revision in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This rule is effective on June 25, 

2012 without further notice, unless EPA 

receives adverse written comment by 

May 29, 2012. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0024 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0024, 

Cristina Fernandez, Associate Director, 

Office of Air Quality Planning, Mailcode 

3AP30, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0024. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

email at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

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

EPA. 

I. Background 

EPA issued the NOX SIP Call (63 FR 

57356, October 27, 1998) to require 22 

eastern states and the District of 

Columbia to reduce specified amounts 

of one of the main precursors of groundlevel ozone, NOX, in order to reduce 

interstate ozone transport. EPA found 

that the sources in these states emit NOX

in amounts that contribute significantly 

to nonattainment of the 1-hour ozone 

national ambient air quality standard 

(NAAQS) in downwind states. In the 

NOX SIP Call, the amount of reductions 

required by states were calculated based 

on application of available, highly costeffective controls on certain source 

categories of NOX. These source 

categories included large fossil fuelfired electric generating units (EGUs) 

serving a generator with a capacity 

greater than 25 megawatts (MWe), fossil 

fuel-fired non-EGUs (such as large 

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