Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 39635 

above, this action imposes no new 

requirements that would impose 

compliance burdens. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

This action is not subject to Executive 

Order 13045 (62 FR 19885, April 23, 

1997) because the Agency does not 

believe the environmental health risks 

or safety risks addressed by this action 

present a disproportionate risk to 

children. This action is not subject to 

executive Order 13045 because it does 

not establish an environmental standard 

intended to mitigate health or safety 

risks. This rule simply extends the 

deadline for EPA to take action on a 

petition and does not impose any 

regulatory requirements. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant energy 

action’’ as defined in Executive Order 

13211 (66 FR 28355 (May 22, 2001)), 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. Further, 

we have concluded that this rule is not 

likely to have any adverse effects 

because this action simply extends the 

deadline for EPA to take action on a 

petition. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. NTTAA directs EPA 

to provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. 

This action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of its programs, 

policies, and activities on minorities 

and low-income populations in the 

United States. 

The EPA has determined that this 

final rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it simply extends the deadline 

for EPA to take action on a petition and 

does not impose any regulatory 

requirements. 

K. Congressional Review Act 

The Congressional Review Act (CRA), 

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. Section 808 of the 

CRA provides an exception to this 

requirement. For any rule for which an 

agency for good cause finds that notice 

and comment are impracticable, 

unnecessary, or contrary to the public 

interest, the rule may take effect on the 

date set by the Agency. The EPA will 

submit a report containing this rule 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. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

L. Judicial Review 

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 September 10, 

2010. 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, 

Administrative practice and procedure, 

Air pollution control, Electric utilities, 

Intergovernmental relations, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur dioxide. 

Dated: July 2, 2010. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2010–16890 Filed 7–9–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2009–0730; FRL–9172–9] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Wisconsin; Redesignation 

of the Manitowoc County and Door 

County Areas to Attainment for Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving Wisconsin’s 

requests to redesignate the Manitowoc 

County and Door County, Wisconsin 

nonattainment areas to attainment for 

the 1997 8-hour ozone standard because 

the requests meet the statutory 

requirements for redesignation under 

the Clean Air Act (CAA). The Wisconsin 

Department of Natural Resources 

(WDNR) submitted these requests on 

September 11, 2009. 

These approvals involve several 

related actions. EPA is making 

determinations under the CAA that the 

Manitowoc County and Door County 

areas have attained the 1997 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS). These 

determinations are based on three years 

of complete, quality-assured and 

certified ambient air quality monitoring 

data for the 2006–2008 ozone seasons 

that demonstrate that the 8-hour ozone 

NAAQS has been attained in the areas. 

Complete, quality-assured air quality 

data for the 2009 ozone season have 

been recorded in the EPA’s Air Quality 

System (AQS) and show that the areas 

continue to attain the 8-hour ozone 

standard. EPA is also approving, as 

revisions to the Wisconsin State 

Implementation Plan (SIP), the State’s 


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39636 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 

plans for maintaining the 8-hour ozone 

NAAQS through 2020 in the areas. 

EPA is approving the 2005 base year 

emissions inventories for the 

Manitowoc County and Door County 

areas as meeting the base year emissions 

inventory requirement of the CAA. 

WDNR submitted these base year 

emissions inventories on June 12, 2007. 

Finally, EPA finds adequate and is 

proposing to approve the State’s 2012 

and 2020 Motor Vehicle Emission 

Budgets (MVEBs) for the Manitowoc 

County and Door County areas. 

DATES: This final rule is effective July 

12, 2010. 

ADDRESSES: EPA has established a 

docket for this action: Docket ID No. 

EPA–R05–OAR–2009–0730. 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 in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone 

Kathleen D’Agostino, Environmental 

Engineer, at (312) 886–1767 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen D’Agostino, Environmental 

Engineer, Attainment Planning and 

Maintenance Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–1767, 

dagostino.kathleen@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: 

Table of Contents 

I. What is the background for these actions? 

II. What comments did we receive on the 

Proposed Rule? 

III. What action is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for these 

actions? 

The background for today’s actions is 

discussed in detail in EPA’s April 27, 

2010, proposal (75 FR 22047). In that 

rulemaking, we noted that, under EPA 

regulations at 40 CFR part 50, the 8-hour 

ozone standard is attained when the 

three-year average of the annual fourthhighest daily maximum 8-hour average 

ozone concentrations is less than or 

equal to 0.08 ppm. (See 69 FR 23857 

(April 30, 2004) for further information.) 

Under the CAA, EPA may redesignate 

nonattainment areas to attainment if 

sufficient complete, quality-assured data 

are available to determine that the area 

has attained the standard and if it meets 

the other CAA redesignation 

requirements in section 107(d)(3)(E). 

The WDNR submitted requests to 

redesignate the Manitowoc County and 

Door County areas to attainment for the 

1997 8-hour ozone standard on 

September 11, 2009. The redesignation 

requests included three years of 

complete, quality-assured data for the 

period of 2006 through 2008, indicating 

the 8-hour NAAQS for ozone, as 

promulgated in 1997, had been attained 

for the Manitowoc County and Door 

County areas. Complete, quality-assured 

monitoring data in AQS but not yet 

certified for the 2009 ozone season show 

that the areas continue to attain the 8- 

hour ozone standard. The April 27, 

2010, proposed rule provides a detailed 

discussion of how Wisconsin met this 

and other CAA requirements. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period. The comment period 

closed on May 27, 2010. EPA received 

comments in support of the 

redesignation from the Door County 

Board of Supervisors and the Door 

County Economic Development 

Corporation. We received no adverse 

comments on the proposed rule. 

III. What action is EPA taking? 

EPA is making determinations that 

the Manitowoc County and Door County 

areas have attained the 1997 8-hour 

ozone NAAQS. EPA is also approving 

the maintenance plan SIP revisions for 

the Manitowoc County and Door County 

areas. EPA’s approval of the 

maintenance plans is based on the 

State’s demonstrations that the plans 

meet the requirements of section 175A 

of the CAA. After evaluating the 

redesignation requests submitted by 

WDNR, EPA believes that the requests 

meet the redesignation criteria set forth 

in section 107(d)(3)(E) of the CAA. 

Therefore, EPA is approving the 

redesignation of the Manitowoc County 

and Door County areas from 

nonattainment to attainment for the 

1997 8-hour ozone NAAQS. EPA is also 

approving WDNR’s 2005 base year 

emissions inventory for the Manitowoc 

County and Door County areas as 

meeting the requirements of section 

172(c)(3) of the CAA. Finally, EPA finds 

adequate and is approving the 

Wisconsin’s 2012 and 2020 MVEBs for 

the Manitowoc County and Door County 

areas. 

In accordance with 5 U.S.C. 553(d), 

EPA finds there is good cause for this 

action to become effective immediately 

upon publication. This is because a 

delayed effective date is unnecessary 

due to the nature of a redesignation to 

attainment, which relieves the area from 

certain CAA requirements that would 

otherwise apply to it. The immediate 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that 

rulemaking actions may become 

effective less than 30 days after 

publication if the rule ‘‘grants or 

recognizes an exemption or relieves a 

restriction,’’ and section 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.’’ The 

purpose of the 30-day waiting period 

prescribed in section 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Today’s rule, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the rule takes effect. 

Rather, today’s rule relieves the state of 

various requirements for this 8-hour 

ozone nonattainment area. For these 

reasons, EPA finds good cause under 5 

U.S.C. 553(d)(3) for this action to 

become effective on the date of 

publication of this action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 


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Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 39637 

is required to approve a SIP submission 

that complies with the provisions of the 

CAA 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 CAA. These actions do not impose 

additional requirements beyond those 

imposed by state law and the CAA. For 

that reason, these actions: 

• Are not ‘‘significant regulatory 

actions’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

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. Even though this rule does 

not have ‘‘tribal implications’’ under 

Executive Order 13175, nonetheless, 

EPA provided notice of the proposal to 

the Wisconsin tribes. The tribes raised 

no concerns with the proposed rule. 

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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by September 10, 2010. 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 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Volatile organic 

compounds. 

40 CFR Part 81 

Air pollution control, Environmental 

protection, National parks, Wilderness 

areas. 

Dated: June 28, 2010. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ Parts 52 and 81, chapter I, title 40 of 

the Code of Federal Regulations 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 YY—Wisconsin 

■ 2. Section 52.2585 is amended by 

adding paragraphs (w) and (x) to read as 

follows: 

§ 52.2585 Control strategy: Ozone. 

* * * * * 

(w) Approval—On June 12, 2007, 

Wisconsin submitted 2005 VOC and 

NOX base year emissions inventories for 

the Manitowoc County and Door County 

areas. Wisconsin’s 2005 inventories 

satisfy the base year emissions 

inventory requirements of section 

172(c)(3) of the Clean Air Act for the 

Manitowoc County and Door County 

areas under the 1997 8-hour ozone 

standard. 

(x) Approval—On September 11, 

2009, Wisconsin submitted requests to 

redesignate the Manitowoc County and 

Door County areas to attainment of the 

1997 8-hour ozone standard. As part of 

the redesignation requests, the State 

submitted maintenance plans as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plans include contingency 

plans and an obligation to submit 

subsequent maintenance plan revisions 

in 8 years as required by the Clean Air 

Act. The ozone maintenance plans also 

establish 2012 and 2020 Motor Vehicle 

Emission Budgets (MVEBs) for the areas. 

The 2012 MVEBs for the Manitowoc 

County and Door County areas are 1.76 

tons per day (tpd) for VOC and 3.76 tpd 

for NOX, and 0.78 tpd for VOC and 1.55 

tpd for NOX, respectively. The 2020 

MVEBs for the Manitowoc County and 

Door County areas are 1.25 tpd for VOC 

and 1.86 tpd for NOX, and 0.53 tpd for 

VOC and 0.74 tpd for NOX, respectively. 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.350 is amended by 

revising the entries for Door County, WI 

and Manitowoc County, WI in the table 

entitled ‘‘Wisconsin-Ozone (8–Hour 

Standard)’’ to read as follows: 

§ 81.350 Wisconsin. 

* * * * * 


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39638 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Rules and Regulations 

WISCONSIN-OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Classification 

Date 1 Type Date 1 Type 

Door County, WI: Door County .......................................... July 12, 2010 ....................... Attainment. 

* * * * * * * 

Manitowoc County, WI: Manitowoc County ........................ July 12, 2010 ....................... Attainment. 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. 2010–16706 Filed 7–9–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 0911051395–0252–02] 

RIN 0648–AY32 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 

Comprehensive Ecosystem-Based 

Amendment 1 for the South Atlantic 

Region; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This document contains a 

correction to the final rule to implement 

Comprehensive Ecosystem-Based 

Amendment 1 for the South Atlantic 

region that published in the Federal 

Register Tuesday, June 22, 2010. 

DATES: This correction is effective July 

22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Scott Sandorf, 727–824–5305; fax: 727– 

824–5308; e-mail: 

scott.sandorf@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On June 22, 2010, (75 FR 35330, June 

22, 2010) an incorrect coordinate for 

Point 76, in § 622.35 (n)(1)(iii)(A) and an 

incorrect latitudinal symbol for Point 8, 

in § 622.35 (n)(1)(iv)(A) were published. 

This document corrects these 

coordinates. 

■ 1. On page 35333, in the first column, 

under § 622.35 (n)(1)(iii)(A), the Point 

76 coordinate is corrected to read as 

follows: 

§ 622.35 Atlantic EEZ seasonal and and/or 

area closures. 

* * * * * 

(n) * * * 

(1) * * * 

(iii) * * * 

(A) * * * 

Point North lat. West long. 

*******

76 30°59′50′′ 79°42′43′′ 

*******

■ 2. On page 35333, in the third column, 

under § 622.35 (n)(1)(iv)(A), the Point 8 

coordinate is corrected to read as 

follows: 

§ 622.35 Atlantic EEZ seasonal and/or area 

closures. 

* * * * * 

(n) * * * 

(1) * * * 

(iv) * * * 

(A) * * * 

Point North lat. West long. 

******* 

8 24°10′55′′ 80°58′11′′ 

* * * * * 

Dated: July 6, 2010. 

Eric C. Schwaab, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2010–16934 Filed 7–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 0910131362–0087–02] 

RIN 0648–XX48 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Northern Rockfish in 

the Western Regulatory Area of the 

Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for northern rockfish by catcher/ 

processors participating in the limited 

access or opt-out fisheries that are 

subject to sideboard limits established 

under the Central Gulf of Alaska (GOA) 

Rockfish Program in the Western 

Regulatory Area of the GOA. This action 

is necessary to prevent exceeding the 

2010 sideboard limit of northern 

rockfish established for catcher/ 

processors participating in the limited 

access or opt-out fisheries in the 

Western Regulatory Area of the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), July 7, 2010, through 1200 

hrs, A.l.t., July 31, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 


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