27510 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

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 proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. A preliminary 

environmental analysis checklist 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. This proposed rule 

involves the creation of a safety zone 

and is categorically excluded from 

further analysis under exemption 34(g) 

of the Instruction. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this 

proposed rule. 

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 proposes to 

amend 33 CFR part 165 as follows: 

PART 165—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. 1226, 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.T05–0349 to read as 

follows: 

§ 165.T05–0349, Safety Zone; Big Timber 

Creek, Westville, New Jersey. 

(a) Regulated area: The waters of the 

Big Timber Creek in Westville Boro, 

Gloucester County, New Jersey, from the 

Route 130 Bridge to the entrance of the 

Delaware River. 

(b) Definitions: 

(1) Coast Guard Patrol Commander 

means a commissioned, warrant, or 

petty officer of the Coast Guard who has 

been designated by the Commander, 

Coast Guard Sector Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Safety Zone: (1) Except for persons 

or vessels authorized by the Coast Guard 

Patrol Commander, no person or vessel 

may enter or remain in the regulated 

area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(d) Enforcement Period. This section 

will be enforced annually from 8 p.m. 

to 11 p.m. on the last Saturday in June 

with a rain date of the first Saturday in 

July. 

Dated: April 29, 2010. 

M.L. Austin, 

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

Port, Sector Delaware Bay. 

[FR Doc. 2010–11655 Filed 5–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0157; FRL–9151–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

West Virginia; Section 110(a)(2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the State of West 

Virginia pursuant to the Clean Air Act 

(CAA) sections 110(k)(2) and (3). These 

submittals address the infrastructure 

elements specified in the CAA section 

110(a)(2), necessary to implement, 

maintain, and enforce the 1997 8-hour 

ozone and fine particulate matter (PM2.5) 

national ambient air quality standards 

(NAAQS) and the 2006 PM2.5 NAAQS. 

This proposed action is limited to the 

following infrastructure elements which 

were subject to EPA’s completeness 

findings pursuant to CAA section 

110(k)(1) for the 1997 8-hour ozone 

NAAQS dated March 27, 2008 and the 

1997 PM2.5 NAAQS dated October 22, 

2008: 110(a)(2)(A), (B), (C), (D)(ii), (E), 

(F), (G), (H), (J), (K), (L), and (M), or 

portions thereof. 

DATES: Written comments must be 

received on or before June 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0157 by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: fernandez.cristina@epa.gov. 

• Mail: EPA–R03–OAR–2010–0157, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

• 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–2010– 

0157. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 27511 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

http://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 http:// 

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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street, SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Irene Shandruk, (215) 814–2166, or by 

e-mail at shandruk.irene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 18, 1997, EPA promulgated a 

revised 8-hour ozone NAAQS (62 FR 

38856) and a new PM2.5 NAAQS (62 FR 

38652). The revised ozone NAAQS is 

based on 8-hour average concentrations. 

The 8-hour averaging period replaced 

the previous 1-hour averaging period, 

and the level of the NAAQS was 

changed from 0.12 parts per million 

(ppm) to 0.08 ppm. The new PM2.5

NAAQS established a health-based 

PM2.5 standard of 15.0 micrograms per 

cubic meter (μg/m3) based on a 3-year 

average of annual mean PM2.5

concentrations, and a twenty-four hour 

standard of 65 μg/m3 based on a 3-year 

average of the 98th percentile of 24-hour 

concentrations. EPA strengthened the 

24-hour PM2.5 NAAQS from 65 μg/m3 to 

35 μg/m3 on October 17, 2006 (71 FR 

61144). 

Section 110(a) of the CAA requires 

States to submit State Implementation 

Plans (SIPs) that provide for the 

implementation, maintenance, and 

enforcement of new or revised NAAQS 

within three years following the 

promulgation of such NAAQS. In March 

of 2004, Earthjustice initiated a lawsuit 

against EPA for failure to take action 

against States that had not made SIP 

submissions to meet the requirements of 

sections 110(a)(1) and (2) for the 1997 

8-hour ozone and PM2.5 NAAQS, i.e., 

failure to make a ‘‘finding of failure to 

submit the required SIP 110(a) SIP 

elements.’’ On March 10, 2005, EPA 

entered into a Consent Decree with 

Earthjustice that obligated EPA to make 

official findings in accordance with 

section 110(k)(1) of the CAA as to 

whether States have made required 

complete SIP submissions, pursuant to 

sections 110(a)(1) and (2), by December 

15, 2007 for the 1997 8-hour ozone 

NAAQS and by October 5, 2008 for the 

1997 PM2.5 NAAQS. EPA made such 

findings for the 1997 8-hour ozone 

NAAQS on March 27, 2008 (73 FR 

16205) and on October 22, 2008 (73 FR 

62902) for the 1997 PM2.5 NAAQS. 

These completeness findings did not 

include findings relating to: (1) Section 

110(a)(2)(C) to the extent that such 

subsection refers to a permit program as 

required by Part D Title I of the CAA; 

(2) section 110(a)(2)(I); and (3) section 

110(a)(2)(D)(i), which has been 

addressed by a separate finding issued 

by EPA on April 25, 2005 (70 FR 21147). 

Therefore, this action does not cover 

these specific elements. 

II. Summary of State Submittal 

West Virginia provided multiple 

submittals to satisfy section 110(a)(2) 

requirements that are the subject of this 

proposed action for the 1997 8-hour 

ozone NAAQS and the 1997 and 2006 

PM2.5 NAAQS. The submittals shown in 

Table 1 addressed the infrastructure 

elements, or portions thereof, identified 

in section 110(a)(2) that EPA is 

proposing to approve. 

TABLE 1—110(a)(2) ELEMENTS, OR PORTIONS THEREOF, EPA IS PROPOSING TO APPROVE FOR 1997 OZONE AND PM2.5

AND 2006 PM2.5 NAAQS 

Submittal date 1997 8-hour ozone 1997 PM2.5 2006 PM2.5

December 3, 2007 .............................. A, C, D(ii), E, F, G, J, K, L. 

April 3, 2008 ........................................ ............................................................. A, C, D(ii), E, F, J, L. 

May 21, 2008 ...................................... B, E, F, G, H, J, K, M ......................... B, E, F, G, H, J, K, M. 

July 9, 2008 ......................................... ............................................................. G. 

October 1, 2009 .................................. C ......................................................... C ......................................................... A, B, C, D(ii), E, F, G, 

H, J, K, L, M. 

March 18, 2010 ................................... ............................................................. G ......................................................... G. 

EPA has analyzed the above identified 

submissions and is proposing to make a 

determination that such submittals meet 

the requirements of section 110(a)(2)(A), 

(B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M), or portions thereof. A 

detailed summary of EPA’s review of 

and rationale for approving West 

Virginia’s submittals may be found in 

the Technical Support Document (TSD) 

for this action, which is available online 

at http://www.regulations.gov, Docket 

number EPA–R03–OAR–2010–0157. 

III. Proposed Action 

EPA is proposing to approve West 

Virginia’s submittals that provide the 

basic program elements specified in the 

CAA sections 110(a)(2)(A), (B), (C), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M), or portions thereof, necessary to 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

27512 Federal Register / Vol. 75, No. 94 / Monday, May 17, 2010 / Proposed Rules 

implement, maintain, and enforce the 

1997 8-hour ozone and PM2.5 NAAQS 

and the 2006 PM2.5 NAAQS. EPA is 

soliciting public comments on the 

issues discussed in this document. 

These comments will be considered 

before taking final action. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator 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. Accordingly, this action 

merely proposes to approve State law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by State law. For 

that reason, this proposed 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 proposed rule, 

pertaining to West Virginia’s section 

110(a)(2) infrastructure requirements for 

the 1997 8-hour ozone and PM2.5

NAAQS, and the 2006 PM2.5 NAAQS 

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. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: May 5, 2010. 

W.C. Early, 

Acting Regional Administrator, Region II. 

[FR Doc. 2010–11677 Filed 5–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–0139; FRL–9151–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Section 110(a)(2) 

Infrastructure Requirements for the 

1997 8-Hour Ozone and the 1997 and 

2006 Fine Particulate Matter National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the District of Columbia 

(the District) pursuant to the Clean Air 

Act (CAA) sections 110(k)(2) and (3). 

These submittals address the 

infrastructure elements specified in the 

CAA section 110(a)(2), necessary to 

implement, maintain, and enforce the 

1997 8-hour ozone and fine particulate 

matter (PM2.5) national ambient air 

quality standards (NAAQS) and the 

2006 PM2.5 NAAQS. This proposed 

action is limited to the following 

infrastructure elements which were 

subject to EPA’s completeness findings 

pursuant to CAA section 110(k)(1) for 

the 1997 8-hour ozone NAAQS dated 

March 27, 2008, and the 1997 PM2.5

NAAQS dated October 22, 2008: 

110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), 

(H), (J), (K), (L), and (M). 

DATES: Written comments must be 

received on or before June 16, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2010–0139 by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: fernandez.cristina@epa.gov. 

• Mail: EPA–R03–OAR–2010–0139, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

• 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–2010– 

0139. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

http://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. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS