18452 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations 

Latitude Longitude 

Point A .................. 33°10′10′′ 119°24′20′′ 

Point L .................. 33°13′50′′ 119°21′50′′ 

(b) The regulations. (1) Except during 

closure periods or as otherwise 

provided in this section, the restricted 

area will be open to all vessels. 

(2) Boats must remain at least 300 

yards from the shoreline of San Nicolas 

Island at all times. Nothing in this 

provision shall be construed as 

authorization to anchor within 300 

yards or to land on San Nicolas Island, 

except in an emergency. 

(3) No person, vessel or other craft 

shall enter the restricted area or 

designated section(s) during closure 

periods unless authorized to do so by 

the Commanding Officer, Naval Base 

Ventura County or the Officer in Charge, 

San Nicolas Island. 

(4) Submarine cables within the 

restricted area post a risk to the 

equipment of vessels engaged in 

dredging, dragging, seining, anchoring 

and other bottom contact operations. 

Appropriate care must be taken to avoid 

damage. 

(5) Closure Periods. Notice that the 

restricted area or section(s) ALPHA, 

BRAVO, or CHARLIE are closed to entry 

shall be given by radio broadcast 

Monday through Friday at 0900 and 

1200 on 2638 kHz and 2738 kHz or by 

contacting ‘‘PLEAD CONTROL’’ on 

VHF–FM radio channel 11 or 16. 

Closure information may also be 

requested by telephone between 0600 

and 1800 Monday through Friday at 

(805) 989–8841 or via recorded message 

at (805) 989–1470. 

(6) The regulations in this section 

shall be enforced by personnel attached 

to Naval Base Ventura County, Point 

Mugu, Calif., and by such agencies as 

may be designated by the Commandant, 

11th Naval District, San Diego, Calif. 

Dated: March 27, 2014. 

James R. Hannon, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2014–07359 Filed 4–1–14; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2010–0114; FRL–9908–99– 

OAR] 

RIN 2060–AQ01 

Revisions To Test Methods and 

Testing Regulations; Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a final rule in 

the Federal Register on February 27, 

2014, that made technical and editorial 

corrections for source testing of 

emissions and operations. The revisions 

will improve data quality and provide 

additional flexibility by allowing the 

use of newly approved alternative 

procedures. The purpose of this action 

is to correct an omission to Method 202. 

DATES: This technical amendment is 

effective on April 2, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula H. Melton, U.S. Environmental 

Protection Agency, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division, Measurement 

Technology Group (E143–02), Research 

Triangle Park, North Carolina 27711; 

telephone number: (919) 541–2910; fax 

number: (919) 541–0516; email address: 

melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Amendment 

This action corrects a publication 

error for Method 202. Two paragraphs, 

namely 11.2.1.1 and 11.2.1.2, were 

inadvertently omitted from Method 202 

in the promulgated rule. This action 

inserts paragraphs 11.2.1.1 and 11.2.1.2 

and adds a transition statement in 

paragraph 11.2.1 that indicates if the 

sample was collected by Method 202, 

extract the CPM filter as indicated in 

paragraphs 11.2.1.1 and 11.2.1.2. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making this technical 

amendment final without prior proposal 

and opportunity for public comment 

because only simple publication errors 

are being corrected that do not 

substantially change the agency actions 

taken in the final rule. Thus, notice and 

public procedure are unnecessary. We 

find that this constitutes good cause 

under 5 U.S.C. 553(b)(3)(B). (See also 

the final sentence of section 307(d)(1) of 

the Clean Air Act (CAA), 42 U.S.C. 

307(d)(1), indicating that the good cause 

provisions in subsection 553(b) of the 

APA continue to apply to this type of 

rulemaking under section 307(d) of the 

CAA.) 

II. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, 

Regulatory Planning and Review, and 

Executive Order 13563, Improving 

Regulation and Regulatory Review (58 

FR 51735, October 4, 1993), this action 

is not a ‘‘significant regulatory action’’ 

and is, therefore, not subject to review 

by the Office of Management and 

Budget. This action is not a ‘‘major rule’’ 

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

technical amendment does not impose 

an information collection burden under 

the provisions of the Paperwork 

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

et seq.). 

Because the EPA has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice and comment 

requirements under the APA or any 

other statute (see Section I), it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act [5 U.S.C. 601 et seq.], or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) [Pub. L. 

104–4]. In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of the 

UMRA. 

This action also does not significantly 

or uniquely affect the communities of 

tribal governments, as specified by 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). This amendment also is not 

subject to Executive Order 13045, 

Protection of Children From 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997) because 

it is not economically significant. 

This technical amendment does not 

involve changes to the technical 

standards related to test methods or 

monitoring requirements; thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

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

272) do not apply. 

This technical amendment does not 

involve special consideration of 


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Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations 18453 

environmental justice-related issues as 

required by Executive Order 12898, 

Federal Actions To Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

The Congressional Review Act (CRA), 

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

Small Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally provides that before a rule 

may take effect, the agency 

determination 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 allows the issuing 

agency to make a rule effective sooner 

than otherwise provided by the CRA if 

the agency makes a good cause finding 

that notice and public procedure is 

impracticable, unnecessary, or contrary 

to the public interest. This 

determination must be supported by a 

brief statement, 5 U.S.C. 808(2). As 

stated previously, the EPA has made 

such a good cause finding, including the 

reasons, and therefore established an 

effective date of April 2, 2014. The EPA 

will submit a report containing this final 

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 this action in the Federal 

Register. This action is not a ‘‘major’’ 

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

action will be effective April 2, 2014. 

This technical amendment does not 

have substantial direct effects on the 

states, or 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, Federalism (64 

FR 43255, August 10, 1999). 

This technical amendment is not 

subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not a 

significant regulatory action under 

Executive Order 12866. 

List of Subjects in 40 CFR Parts 51 

Air pollution control, Environmental 

protection, Performance specifications, 

and Test methods and procedures. 

Dated: March 24, 2014. 

Janet G. McCabe, 

Acting Assistant Administrator. 

For the reasons stated in the 

preamble, title 40, chapter I of the Code 

of Federal Regulations is amended as 

follows: 

PART 51—REQUIREMENTS FOR 

PREPARATION, ADOPTION, AND 

SUBMITTAL OF IMPLEMENTATION 

PLANS 

■ 1. The authority citation for part 51 

continues to read as follows: 

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

■ 2. Amend appendix M to part 51 

under 11.0 Analytical Procedures by 

revising paragraph 11.2.1 and adding 

paragraphs 11.2.1.1 and 11.2.1.2 to read 

as follows: 

Appendix M to Part 51—Recommended 

Test Methods for State Implementation 

Plans 

* * * * * 

11.2.1 Container #3, CPM Filter Sample. 

If the sample was collected by Method 17 or 

Method 201A with a stack temperature below 

30 °C (85 °F), transfer the filter and any loose 

PM from the sample container to a tared glass 

weighing dish. (See Section 3.0 for a 

definition of constant weight.) Desiccate the 

sample for 24 hours in a desiccator 

containing anhydrous calcium sulfate. Weigh 

to a constant weight and report the results to 

the nearest 0.1 mg. [Note: In-stack filter 

samples collected at 30 °C (85 °F) may 

include both filterable insoluble particulate 

and condensable particulate. The nozzle and 

front half wash and filter collected at or 

below 30 °C (85 °F) may not be heated and 

must be maintained at or below 30 °C 

(85 °F).] If the sample was collected by 

Method 202, extract the CPM filter as 

follows: 

11.2.1.1 Extract the water soluble 

(aqueous or inorganic) CPM from the CPM 

filter by folding the filter in quarters and 

placing it into a 50-ml extraction tube. Add 

sufficient deionized, ultra-filtered water to 

cover the filter (e.g., 10 ml of water). Place 

the extractor tube into a sonication bath and 

extract the water-soluble material for a 

minimum of two minutes. Combine the 

aqueous extract with the contents of 

Container #1. Repeat this extraction step 

twice for a total of three extractions. 

11.2.1.2 Extract the organic soluble CPM 

from the CPM filter by adding sufficient 

hexane to cover the filter (e.g., 10 ml of 

hexane). Place the extractor tube into a 

sonication bath and extract the organic 

soluble material for a minimum of two 

minutes. Combine the organic extract with 

the contents of Container #2. Repeat this 

extraction step twice for a total of three 

extractions. 

* * * * * 

[FR Doc. 2014–07238 Filed 4–1–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0285; FRL–9909–01– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Conflict of Interest 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing two actions 

pertaining to the Clean Air Act (CAA or 

Act) State Implementation Plan (SIP) 

requirements for the State of Tennessee. 

First, EPA is approving the SIP revision 

submitted by Tennessee, through the 

Tennessee Department of Environment 

and Conservation (TDEC) on October 9, 

2013, as meeting the applicable 

requirements of the Act. This SIP 

revision addresses Tennessee’s 

outstanding obligations related to the 

CAA State board and conflict of interest 

requirements. Second, EPA is fully 

approving the infrastructure SIP subelement related to the State board and 

conflict of interest requirements for the 

2008 Lead National Ambient Air 

Quality Standards (NAAQS), 1997 

Annual Fine Particulate Matter (PM2.5) 

NAAQS, 2006 24-hour PM2.5 NAAQS 

and 1997 8-hour ozone NAAQS. EPA 

notes that all other applicable 

Tennessee infrastructure SIP elements 

for the 2008 Lead, 1997 annual PM2.5, 

2006 24-hour PM2.5, and 1997 8-hour 

ozone NAAQS have been addressed in 

separate rulemakings. 

DATES: This rule is effective on May 2, 

2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0285. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 

www.regulations.gov or in hard copy at 

the 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. EPA 


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