6328 Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Rules and Regulations 

paragraph (b)(2) of the proposed rule 

were moved to paragraph (b)(1). 

2. The last two sentences of paragraph 

(a) of the proposed rule were moved to 

paragraph (b)(2). 

3. To clearly indicate that limited 

access to the restricted area by 

commercial fishermen may be granted 

by the Marine Corps, the first sentence 

of paragraph (b)(3) of the proposed rule 

was moved to create a new paragraph 

(d). 

4. The following sentence from 

paragraph (c) of the proposed rule was 

not included in the final rule to simplify 

the enforcement provision of this 

section: ‘‘USMC boats with law 

enforcement personnel will randomly 

patrol the restricted area and provide a 

response capability. All persons, 

vessels, or other craft are prohibited 

from entering, transiting, drifting, 

dredging, or anchoring within the 

restricted area without the permission of 

the Commander, MCB Quantico or his/ 

her designated representative.’’ 

Administrative Requirements 

a. Review Under Executive Order 

12866. This rule is issued with respect 

to a military function of the Department 

of Defense, and the provisions of 

Executive Order 12866 do not apply. 

b. Regulatory Flexibility Act, as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 601 et seq. This rule has 

been reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354), which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps determined 

that the establishment of the new 

restricted area zone would not have a 

significant economic impact on a 

substantial number of small entities. For 

more detailed analysis of potential 

economic impacts of this rule, please 

see the regulatory analysis in the 

environmental assessment. 

c. Review Under the National 

Environmental Policy Act. An 

environmental assessment (EA) has 

been prepared. After considering the 

comments received in response to the 

proposed rule, we have concluded that 

the establishment of a restricted area at 

MCB Quantico will not have a 

significant impact to the quality of the 

human environment and, therefore, 

preparation of an environmental impact 

statement is not required. The final EA 

and Finding of No Significant Impact 

may be reviewed at the Baltimore 

District Office. Please contact Mr. Steve 

Elinsky at the phone number specified 

above for further information. 

d. Unfunded Mandates Reform Act. 

This rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private sector mandate and is not 

subject to the requirements of Section 

202 or 205 of the Unfunded Mandates 

Reform Act (Pub. L. 104–4, 109 Stat. 48, 

2 U.S.C. 1501 et seq.). We have also 

found, under Section 203 of the Act, 

that small governments will not be 

significantly or uniquely affected by this 

rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Transportation, Waterways. 

For the reasons stated in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Add § 334.235 to read as follows: 

§ 334.235 Potomac River, Marine Corps 

Base Quantico (MCB Quantico) in vicinity of 

Marine Corps Air Facility (MCAF), restricted 

area. 

(a) The area. All of the navigable 

waters of the Potomac River extending 

approximately 500 meters from the 

high-water mark on the Eastern 

shoreline of the MCAF, bounded by 

these coordinates (including the 

Chopawamsic Creek channel, but 

excluding Chopawamsic Island): 

Beginning at latitude 38°29′34.04′′ N, 

longitude 077°18′22.4′′ W (Point A); 

thence to latitude 38°29′43.01′′ N, 

longitude 077°18′4.1′′ (Point B); thence 

to latitude 38°29′55.1′′ N, longitude 

077°17′51.3′′ W (Point C); thence to 

latitude 38°30′10.1′′ N, longitude 

077°17′40.3′′ W (Point D); thence to 

latitude 38°30′23.43′′ N, longitude 

077°17′50.30′′ W (Point E); then along 

the western shoreline of Chopawamsic 

Island to latitude 38°30′35.13′′ N, 

longitude 077°17′47.45′′ W (Point F); 

thence to latitude 38°30′42.1′′ N, 

longitude 077°17′37.1′′ W (Point G); 

thence to latitude 38°30′50.71′′ N, 

longitude 077°17′54.12′′ W (Point H); 

then along the shoreline to latitude 

38°30′0.058′′ N, longitude 077°18′39.26′′ 

W (Point I); then across the 

Chopawamsic Channel to latitude 

38°29′58.45′′ N, longitude 077°18′39.97′′ 

W (Point J); thence to latitude 

38°29′38.2′′ N, longitude 077°18′38.14′′ 

W (Point K); and thence to the 

beginning point of origin. 

(b) The regulations. (1) All persons, 

vessels, or other craft are prohibited 

from entering, transiting, drifting, 

dredging, or anchoring within the 

restricted area without the permission of 

the Commander, MCB Quantico or his/ 

her designated representatives. The 

restriction will be in place 24 hours a 

day, seven days a week. 

(2) The boundary of the restricted area 

will be demarcated with marker buoys 

and warning signs set at 500 foot 

intervals. In addition, lighted, floating, 

small craft intrusion barriers will be 

placed across the Chopawamsic Creek 

channel at the entrance to the channel 

from the Potomac River and 

immediately west of the CSX railroad 

bridge. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, MCB Quantico or any such 

agencies he/she designates. The areas 

identified in paragraph (a) of this 

section will be monitored 24 hours a 

day, 7 days a week. Any person or 

vessel encroaching within the areas 

identified in paragraph (a) of this 

section will be directed to immediately 

leave the restricted area. Failure to do so 

could result in forceful removal and/or 

criminal charges. 

(d) Exceptions. Commercial fisherman 

will be authorized controlled access to 

the restricted area (with the exception of 

Chopawamisc Creek channel) after 

registering with MCB Quantico officials 

and following specific access 

notification procedures. 

Dated: January 31, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2011–2478 Filed 2–3–11; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 93 

[FRL–9261–6] 

Official Release of the January 2011 

AP–42 Method for Estimating ReEntrained Road Dust From Paved 

Roads 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Announcement of Availability. 

SUMMARY: On January 13, 2011, EPA 

posted the latest version of the method 

for estimating re-entrained road dust 

emissions from cars, trucks, buses, and 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Rules and Regulations 6329 

1When completing project-level PM hot-spot 

analyses for transportation conformity purposes, 

either AP–42 or alternative local methods can be 

used. For more details, see EPA’s ‘‘Transportation 

Conformity Guidance for Quantitative Hot-spot 

Analyses in PM2.5 and PM10 Nonattainment and 

Maintenance Areas’’ (EPA–420–B–10–040, 

December 2010). 

2For estimating road dust from unpaved roads, 

the November 2006 update to Section 13.2.2 of AP– 

42 remains in effect. See ‘‘Policy Guidance on the 

Use of the November 1, 2006, Update to AP–42 for 

Re-entrained Road Dust for SIP Development and 

Transportation Conformity’’ at: http://www.epa.gov/ 

otaq/stateresources/transconf/policy/ 

420b07055.pdf. This document supersedes the 

portions of this guidance that cover estimating dust 

from paved roads. 

3Such as EPA’s approvals of the MOVES2010 

emissions model for SIPs and regional conformity 

purposes (75 FR 9411) and of the MOVES2010a and 

EMFAC models for transportation conformity hotspot analyses (75 FR 79370). 

4See http://www.epa.gov/ttn/chief/ap42/ch13/ 

index.html. 

5See CAA section 172(c)(3) and 40 CFR 

51.112(a)(1). 

motorcycles on paved roads. This 

document approves this method for use 

in PM10 and PM2.5 state air quality 

implementation plans (SIPs) and 

regional emissions analyses for 

transportation conformity 

determinations (‘‘regional conformity 

analyses’’). This new method is 

incorporated in Chapter 13 of 

Compilation of Air Pollutant Emission 

Factors, AP–42, Fifth Edition, Volume I, 

that was published in January 2011. 

Today’s action also starts a two-year 

grace period after which the January 

2011 AP–42 method is required to be 

used in regional conformity analyses in 

PM10 nonattainment and maintenance 

areas and any PM2.5 nonattainment and 

maintenance areas where the EPA 

regional administrator or the state air 

quality agency determined that reentrained road dust is a significant 

contributor to the area’s PM2.5 problem, 

or if the area has a PM2.5 motor vehicle 

emissions budget that includes reentrained road dust. This document is 

not relevant to SIP development or 

regional conformity analyses for ozone, 

carbon monoxide, and nitrogen dioxide 

nonattainment and maintenance areas, 

or for areas that use EPA-approved 

locally developed road dust methods. 

DATES: EPA’s approval of the January 

2011 AP–42 method for estimating reentrained road dust from paved roads 

for SIPs and regional conformity 

analyses is effective February 4, 2011. 

As discussed further below, today’s 

approval also starts a two-year 

conformity grace period which ends on 

February 4, 2013, after which the 

January 2011 AP–42 method is required 

to be used for SIPs and regional 

conformity analyses. 

FOR FURTHER INFORMATION CONTACT: For 

questions about using AP–42 in SIPs 

and transportation conformity, contact 

David Bizot at Bizot.David@epa.gov or 

(734) 214–4432, or Laura Berry at 

Berry.Laura@epa.gov or (734) 214–4858. 

For technical questions regarding the 

use of AP–42, contact Ron Myers at 

Myers.Ron@epa.gov or (919) 541–5407. 

SUPPLEMENTARY INFORMATION: The 

official version of the January 2011 

edition of Section 13.2.1 of AP–42, 

Paved Roads, and supporting 

documentation can be found at: http:// 

www.epa.gov/ttn/chief/ap42/ch13/ 

index.html. 

The contents of this document are as 

follows: 

I. Background on AP–42 and the January 

2011 AP–42 Method 

II. SIP Policy for Using AP–42 

III. Transportation Conformity Policy for 

Using AP–42 

I. Background on AP–42 and the 

January 2011 AP–42 Method 

Motor vehicle emissions inventories 

for PM10 and PM2.5 are comprised of 

four components: Exhaust emissions, 

emissions from brake wear, emissions 

from tire wear, and re-entrained road 

dust. EPA’s methodologies for 

estimating PM emissions from reentrained road dust are found in AP–42, 

the Agency’s compilation of data and 

methods for estimating average emission 

rates from a variety of activities and 

sources from various sectors. The 

sections of AP–42 that address reentrained road dust emissions are: 

Section 13.2.1 (Paved Roads) and 

Section 13.2.2 (Unpaved Roads). State 

and local agencies currently use the 

latest versions of these sections of AP– 

42 for calculating re-entrained road dust 

in PM SIP development and regional 

conformity analyses, as applicable, 

unless EPA has approved an alternate 

method. 

In today’s document, EPA is 

approving, for SIPs and regional 

emissions analyses, the January 2011 

edition of Section 13.2.1 of AP–42 that 

reflects a new methodology for 

calculating re-entrained road dust from 

paved roads.1 The January 2011 AP–42 

method did not change the methods for 

calculating road dust from unpaved 

roads (Section 13.2.2), last updated in 

November 2006,2 nor affect EPA’s 

previous approvals of other emissions 

models.3

The January 2011 AP–42 method 

includes revisions of the equation used 

to predict PM emissions, an extension of 

the applicable range of speeds down to 

1 mph from the previous 10 mph, and 

the incorporation of an improved 

methodology for characterizing silt 

loading. These revisions were based on 

additional data from tests that were 

conducted on roads with slow moving 

and stop-and-go traffic, as well as public 

comments received on the draft 

revision. Please see EPA’s AP–42 Web 

site for technical supporting 

documentation that provides additional 

detail regarding the revisions and the 

revision process.4

It is estimated that PM10 emissions 

predicted by the January 2011 AP–42 

method will be, on average, 40% less 

than the emissions for paved roads 

predicted by the November 2006 

update. However, some silt loading and 

average vehicle weight conditions could 

result in different reduction levels and 

in some cases greater estimated 

emissions. PM2.5 emissions from paved 

roads predicted by the January 2011 

AP–42 method will be generally greater 

than the emissions predicted by the 

November 2006 update. However, some 

silt loading and average vehicle weight 

conditions could result in lower 

estimated emissions. 

EPA notes that the January 2011 AP– 

42 method is approved only for 

situations for which silt loading, mean 

vehicle weight, and mean vehicle speed 

fall within ranges given in AP–42 

section 13.2.1.3 and with reasonably 

free-flowing traffic. For other 

conditions, areas should use, or 

continue to use, an alternate method 

approved by EPA on a case-by-case 

basis for use in SIPs or regional 

conformity analyses. In some areas, 

alternate methods may be more 

appropriate than AP–42 given specific 

local conditions even within the 

parameters given in AP–42 Section 

13.2.1.3. State and local agencies should 

consult with EPA for approval of 

alternate road dust methods. 

II. SIP Policy for Using AP–42 

In general, states should use the 

January 2011 AP–42 method for PM10

and PM2.5 SIPs that are currently under 

development and future PM SIP 

revisions, unless EPA has approved an 

alternate method. The Clean Air Act 

(CAA) requires that SIP inventories and 

control measures be based on the most 

current information and applicable 

models that are available when a SIP is 

developed.5 States should use the 

January 2011 AP–42 method where PM 

SIP development is in its initial stages 

or hasn’t progressed far enough along 

that switching to this method would 

create a significant adverse impact on 

state and local resources. 

Although the January 2011 AP–42 

method should be used in PM10 and 

PM2.5 SIP development as expeditiously 


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6330 Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Rules and Regulations 

6See 40 CFR 93.102(b)(3) for when re-entrained 

road dust is included in regional emissions 

analyses. 

as possible, EPA also recognizes the 

time and effort that states have already 

undertaken in SIP development using 

previous AP–42 methods. PM SIPs that 

EPA has already approved are not 

required to be revised solely based on 

the existence of the January 2011 AP– 

42 method. States that have already 

submitted PM SIPs or will submit PM 

SIPs shortly after today’s approval are 

not required to revise these SIPs based 

on the recent availability of the January 

2011 AP–42 method. States can choose 

to use the January 2011 AP–42 method 

in these PM SIPs, for example, if it is 

determined that it is appropriate to 

update motor vehicle emissions budgets 

(‘‘budgets’’) with the new method for 

future transportation conformity 

determinations. However, EPA does not 

believe that a state’s use of a previous 

AP–42 method should be an obstacle to 

EPA approval for PM SIPs that have 

been or will soon be submitted, 

assuming that such SIPs are otherwise 

approvable and significant SIP work has 

already occurred (e.g., attainment 

modeling for an attainment SIP has 

already been completed with a previous 

method). It would be unreasonable in 

such cases to require states to revise 

these PM SIPs with the January 2011 

AP–42 method since significant work 

has already occurred and EPA intends 

to act on these SIPs in a timely manner. 

If you have questions about which 

road dust method should be used in 

your SIP, please consult with your EPA 

Regional Office. 

III. Transportation Conformity Policy 

for Using AP–42 

Transportation conformity is a CAA 

requirement to ensure that federally 

supported highway and transit activities 

are consistent with the SIP. Conformity 

to a SIP means that a transportation 

activity will not cause or contribute to 

new air quality violations, worsen 

existing violations, or delay timely 

attainment of the national ambient air 

quality standards (NAAQS) or any 

interim milestone. EPA’s transportation 

conformity regulations (40 CFR 51.390 

and 40 CFR part 93, subpart A) describe 

how federally funded and approved 

highway and transit projects meet these 

statutory requirements. 

CAA section 176(c)(1) states that 

‘‘* * * [t]he determination of 

conformity shall be based on the most 

recent estimates of emissions, and such 

estimates shall be determined from the 

most recent population, employment, 

travel, and congestion estimates * * *.’’ 

The transportation conformity rule (40 

CFR 93.111) requires that conformity 

analyses be based on the latest motor 

vehicle emissions model approved by 

EPA. The conformity rule states that 

EPA will consult with the DOT to 

establish a grace period following 

specification of any new emissions 

model. The conformity rule further 

provides for a grace period for new 

emissions models of between 3–24 

months, to be established by notification 

in the Federal Register (40 CFR 

93.111(b)(1)). 

In consultation with DOT, EPA must 

consider various factors when 

establishing a grace period for 

conformity determinations, including 

the degree of change in emissions 

models and the effects of the new model 

on the transportation planning process 

(40 CFR 93.111(b)(2)). 

EPA articulated its intentions for 

establishing the length of a conformity 

grace period in the preamble to the 1993 

transportation conformity rule (58 FR 

62211): 

EPA and DOT will consider extending the 

grace period if the effects of the new 

emissions model are so significant that 

previous SIP demonstrations of what 

emission levels are consistent with 

attainment would be substantially affected. 

In such cases, States should have an 

opportunity to revise their SIPs before MPOs 

(metropolitan planning organizations) must 

use the model’s new emissions factors. 

As stated in Section I of today’s 

document, the January 2011 AP–42 

method may result in PM10 emissions 

from paved roads being reduced as 

compared to the previous method, but 

results can vary from area to area. In 

general, PM2.5 emissions from paved 

roads could increase as compared to the 

previous method, which could affect 

those PM2.5 areas where road dust 

emissions are included in the PM2.5 SIP 

budget and are based on a previous AP– 

42 method. In these limited number of 

PM2.5 areas and possibly some PM10

areas, state and local agencies may need 

additional time to consider whether 

additional revisions during the grace 

period are necessary to ensure future 

conformity determinations. 

Upon consideration of all of these 

factors, EPA is establishing a two-year 

conformity grace period that begins 

today and ends on February 4, 2013. At 

the end of the grace period, the January 

2011 AP–42 method will be required for 

regional conformity analyses in PM10

nonattainment and maintenance areas 

and any PM2.5 nonattainment and 

maintenance areas where re-entrained 

road dust is a significant contributor to 

the area’s PM2.5 problem, or if the area 

has a PM2.5 motor vehicle emissions 

budget that includes re-entrained road 

dust.6 The following discussion about 

the conformity grace period is not 

relevant for those PM10 and PM2.5 areas 

that are completing conformity 

determinations based on approved 

alternate road dust methods. 

During the conformity grace period, 

affected areas should use the 

interagency consultation process to 

examine how the January 2011 AP–42 

method will impact their future 

transportation plan and TIP conformity 

determinations and any regional 

emissions analyses. Areas should 

consider whether their PM10 and/or 

PM2.5 SIP(s) and budget(s) should be 

revised with the January 2011 AP–42 

method, or if transportation plans and 

TIPs should be revised before the end of 

the conformity grace period in order to 

assist areas in continuing to meet 

transportation conformity requirements 

after the grace period ends. 

Regional conformity analyses that are 

started during the grace period can use 

either the January 2011 AP–42 method 

or the previous method. When the grace 

period ends on February 4, 2013, the 

January 2011 AP–42 method will 

become the only approved method for 

estimating re-entrained road dust. The 

grace period for new regional emissions 

analyses would be shorter if a PM area 

revised its SIP and budgets with the 

January 2011 AP–42 method and such 

budgets became applicable prior to the 

end of the two-year conformity grace 

period. 

The conformity rule provides some 

flexibility for regional emissions 

analyses that are started before the end 

of the grace period. Analyses that begin 

before or during the grace period may 

continue to rely on the previous AP–42 

method. 40 CFR 93.111(c). The 

interagency consultation process should 

be used if it is unclear if an analysis 

based on a previous method was begun 

before the end of the grace period. If you 

have questions about which AP–42 

method should be used in your 

conformity determination, consult with 

your EPA Regional Office. 

Dated: January 28, 2011. 

Margo Tsirigotis Oge, 

Director, Office of Transportation and Air 

Quality. 

[FR Doc. 2011–2422 Filed 2–3–11; 8:45 am] 

BILLING CODE 6560–50–P 


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