Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations 31237 

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 establishing a temporary safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination will be 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, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 subpart C 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 Temporary § 165.T05–0391, to 

read as follows: 

§ 165.T05–0391 Safety Zone; Ocean City 

Air Show, Atlantic Ocean, Ocean City, MD 

(a) Regulated area. The following area 

is a safety zone: Specified waters of the 

Atlantic Ocean bound by the following 

coordinates: 38°21′38′′ N/075°04′04′′ W, 

38°21′27′′ N/075°03′29′′ W, 38°19′35′′ N/ 

075°04′19′′ W, 38°19′45′′ N/075°04′54′′ 

W (NAD 1983), in the vicinity of Ocean 

City, Maryland. 

(b) Definition: For purposes of 

enforcement of this section, Captain of 

the Port Representative means any U.S. 

Coast Guard commissioned, warrant or 

petty officer who has been authorized 

by the Captain of the Port, Hampton 

Roads, Virginia to act on his behalf. 

(c) Regulation. (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, Hampton Roads or his designated 

representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a U.S. 

Coast Guard Ensign; and 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a U.S. 

Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads, Virginia can be contacted at 

telephone number (757) 638–6637. 

(4) U.S. Coast Guard vessels enforcing 

the safety zone can be contacted on 

VHF–FM marine band radio, channel 13 

(156.65 MHz) and channel 16 (156.8 

MHz). 

(d) Enforcement period. This rule will 

be enforced from 10 a.m. until 4 p.m. on 

June 10, 2011, from 10 a.m. until 4 p.m. 

on June 11, 2011, and from 10 a.m. until 

4 p.m. on June 12, 2011. 

Dated: May 16, 2011. 

Mark S. Ogle, 

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

Port Hampton Roads. 

[FR Doc. 2011–13329 Filed 5–27–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2010–1082; FRL–9313–1] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determination of 

Attainment for the Pittsburgh-Beaver 

Valley 8-Hour Ozone Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is making a final 

determination that the PittsburghBeaver Valley 8-hour ozone 

nonattainment area (the Pittsburgh 

Area) has attained the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS). This determination 

is based upon complete, quality assured, 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007 to 2009 monitoring 

period. Complete, quality-assured air 

monitoring data available for 2010 in 

EPA’s Air Quality System (AQS) are 

consistent with continued attainment. 

In accordance with EPA’s applicable 

ozone implementation rule, this 

determination suspends the obligation 

of the Commonwealth of Pennsylvania 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, and other planning 

requirements related to attainment of 

the 1997 8-hour ozone NAAQS for the 

Pittsburgh Area for as long as the 

nonattainment area continues to meet 

the 1997 8-hour ozone NAAQS. This 

determination of attainment is not 

equivalent to a redesignation to 

attainment. The State must still meet the 

statutory requirements for redesignation 

in order to be redesignated to 

attainment. This action is being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on June 30, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–1082. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, 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 through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

FOR FURTHER INFORMATION CONTACT: 

Maria A. Pino, (215) 814–2181, or by 

e-mail at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 7, 2011 (76 FR 6590), 

EPA published a notice of proposed 

rulemaking (NPR), proposing to 

determine that the Pittsburgh Area has 

attained the 1997 8-hour ozone NAAQS. 

The Pittsburgh Area is composed of 

Allegheny, Armstrong, Beaver, Butler, 

Fayette, Washington, and Westmoreland 

Counties in Pennsylvania. EPA’s 

determination is based upon complete, 

quality-assured, quality-controlled, and 

certified ambient air quality monitoring 

data for the years 2007 to 2009 showing 

that the Pittsburgh Area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS. Complete air quality 

monitoring data for 2010 in AQS also 

show continued attainment. 

II. Summary of Action 

EPA is determining that the 

Pittsburgh Area has attained the 1997 8- 

hour ozone NAAQS based on 2007 to 

2009 complete, quality-assured, and 

certified ambient air quality monitoring 

data. Data for 2010 are consistent with 

continued attainment. As provided in 

40 CFR 51.918, a final determination of 


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31238 Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations 

attainment suspends the requirement for 

the Commonwealth of Pennsylvania to 

submit, for the Pittsburgh Area, an 

attainment demonstration and 

associated RACM, RFP plan, 

contingency measures, and any other 

planning requirements related to 

attainment of the 1997 8-hour ozone 

NAAQS as long as the area continues to 

attain the 1997 8-hour ozone NAAQS. If 

EPA subsequently determines, after 

notice-and-comment rulemaking, that 

the Pittsburgh Area has violated the 

1997 8-hour ozone NAAQS, the basis for 

the suspension of the specific 

requirements, set forth at 40 CFR 

51.918, would no longer exist, and the 

Pittsburgh Area would thereafter have to 

address applicable requirements. 

This action is not a redesignation of 

the area to attainment. The Pittsburgh 

Area will remain designated 

nonattainment for the 1997 8-hour 

ozone NAAQS until such time as EPA 

determines that the area meets the CAA 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. 

Other specific information regarding 

this determination and the rationale for 

EPA’s proposed action are explained in 

the NPR, and will not be restated here. 

III. Summary of Public Comments and 

EPA Responses 

On March 9, 2011, EPA received 

adverse comments on the NPR from Mr. 

Robert Ukeiley on behalf of the 

Chesapeake Bay Foundation, the Group 

Against Smog and Pollution, the 

National Parks Conservation 

Association, and the Sierra Club. A 

summary of the comments submitted 

and EPA’s response is provided below. 

Comment: The commenter stated that 

EPA should not approve the 

determination of attainment because the 

Pittsburgh Area does not have a plan to 

meet the 1997 8-hour ozone NAAQS. 

Response: EPA disagrees with the 

commenter’s assertion that no common 

sense or legal basis exists for EPA to 

finalize its determination of attainment. 

The sole question addressed by EPA’s 

rulemaking is whether the monitored 

ambient air quality in the area shows 

that the area has attained the 1997 8- 

hour ozone standard. The commenter 

does not contest EPA’s finding that the 

Pittsburgh Area meets this NAAQS. 

Upon EPA’s final determination that the 

area has attained the standard, 40 CFR 

51.918 provides that the CAA 

requirement to submit planning SIPs 

associated with attainment of that 

standard are suspended for as long as 

the area continues to have ambient air 

quality data that meets that NAAQS. 

This regulation, which was upheld by 

the United States Court of Appeals for 

the District of Columbia Circuit (DC Cir) 

in NRDC v. EPA, 571 F.3d 1245 (DC Cir. 

2009), is based on the principle that 

when an area is already attaining a 

standard, and continues in attainment, 

there is no basis for requiring planning 

SIPs to attain that standard. In other 

words, if an area is meeting the NAAQS, 

it does not need a plan to meet the 

NAAQS. No additional measures are 

required for the area to attain the 

standard, since the area is already in 

attainment. In any event, EPA’s 

determination of attainment is based 

solely on quality-assured ambient air 

quality monitoring. It is 40 CFR 51.918 

that directs the suspension of planning 

requirements for the 1997 8-hour ozone 

standard. This suspension lasts only for 

so long as the area continues in 

attainment. Contrary to the commenter’s 

contention, under these circumstances 

there are no adverse impacts from the 

suspension. 

Comment: The commenter asserts that 

the data from ambient air quality 

monitors in the Pittsburgh Area do not 

meet the 75 parts per billion (ppb) 2008 

NAAQS or the 60 to 70 ppb levels 

proposed in EPA’s reconsideration of 

the 2008 NAAQS. 

Response: EPA’s rulemaking action 

here addresses only the 1997 8-hour 

ozone NAAQS, and has no bearing on 

whether the area is attaining any other 

NAAQS or requirements under any 

other NAAQS. Therefore, this comment 

is not relevant to this rulemaking action. 

Comment: The commenter alleges that 

EPA must perform an evaluation under 

CAA Section 110(l) to justify a 

determination of attainment for the 

Pittsburgh Area, and further alleges that 

CAA Section 110(l) would show that 

EPA should disapprove the attainment 

determination. The commenter 

contends that EPA must analyze how 

delaying implementation of the 1987 

SIP revisions, including RACT, will 

interfere with other NAAQs attainment. 

Response: CAA Section 110(l) applies 

explicitly and only to a ‘‘revision to an 

implementation plan.’’ As set forth in 

the response to comment above, EPA’s 

rulemaking here is restricted to EPA’s 

determination, based on ambient air 

quality, that the Pittsburgh Area is 

attaining the 1997 8-hour ozone 

standard. It is not a SIP revision, and 

thus section 110(l) is by its own terms 

not applicable to this rulemaking. It is 

not this determination of attainment, 

but rather EPA’s ozone implementation 

rule, 40 CFR 51.918, that specifies the 

consequence of the determination as 

suspension of the area’s obligations to 

submit an attainment demonstration, a 

RFP plan, contingency measures and 

other planning requirements related to 

attainment as SIP revisions for as long 

as the area continues to attain. In any 

case, the requirements that are 

suspended by the regulation are related 

solely to attainment for the 1997 8-hour 

ozone standard. EPA is determining, 

and the commenter does not contest, 

that the area is attaining that standard 

and the suspension of attainment 

planning SIP submissions lasts only as 

long as the area is meeting that 

standard. No other requirements are 

suspended. The commenter is incorrect 

in arguing that the determination of 

attainment would delay implementation 

of measures needed for attainment of 

the 1997 8-hour ozone standard, and 

that it would relax SIP control 

measures. This action has no effect on 

control measures, or air quality, in the 

area. For example, contrary to 

commenter’s contention, RACT 

requirements for the 1997 8-hour ozone 

standard (or for any other standard), are 

not suspended or delayed by this 

determination, nor by 40 CFR 51.918. 

In sum, no evaluation under section 

110(l) is required by law, and even if 

such an evaluation were required, EPA 

would conclude that this determination 

of attainment would not interfere with 

attainment, reasonable further progress 

towards attainment, or any other 

applicable requirement of the CAA. 

IV. Final Action 

EPA has determined that the 

Pittsburgh Area has attained the 1997 8- 

hour ozone NAAQS based on 2007 to 

2009 complete, quality-assured, and 

certified ambient air quality monitoring 

data. Data in AQS for 2010 are 

consistent with continued attainment. 

As provided in 40 CFR 51.918, this 

determination suspends the 

requirements for the Commonwealth of 

Pennsylvania to submit, for the 

Pittsburgh Area, an attainment 

demonstration and associated RACM, 

RFP plan, contingency measures, and 

any other planning requirements related 

to attainment of the 1997 8-hour ozone 

NAAQS as long as the area continues to 

attain the 1997 8-hour ozone NAAQS. 

This action is not a redesignation. The 

Pittsburgh Area will remain designated 

nonattainment for the 1997 8-hour 

ozone NAAQS until such time as EPA 

determines that the area meets the CAA 

requirements for redesignation to 

attainment, including an approved 

maintenance plan. 

V. Statutory and Executive Order 

Reviews 

This action makes a determination of 

attainment based on air quality and 

results in the suspension of certain 


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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations 31239 

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 determination that 

the Pittsburgh Area has attained the 

1997 8-hour ozone 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. 

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 these actions 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 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 August 1, 2011. 

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 

determination that the Pittsburgh Area 

has attained the1997 8-hour ozone 

NAAQS 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, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

Dated: May 23, 2011, 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 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 NN—Pennsylvania 

■ 2. In § 52.2037, paragraph (q) is added 

to read as follows: 

§ 52.2037 Control strategy plans for 

attainment and rate-of-progress: Ozone. 

* * * * * 

(q) Determination of attainment—In 

accordance with 40 CFR 51.918, EPA 

has determined that Pittsburgh-Beaver 

Valley 8-hour ozone nonattainment area 

has attained the 1997 8-hour ozone 

standard and that certain requirements 

of section 172(c) of the Clean Air Act are 

suspended as long as the nonattainment 

area continues to meet the 1997 8-hour 

ozone NAAQS. This determination is 

based upon complete, quality assured, 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007 to 2009 monitoring 

period. Complete, quality-assured air 

monitoring data for 2010 are consistent 

with continued attainment. This 

determination suspends the obligation 

of the Commonwealth of Pennsylvania 

to submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, and other planning 

requirements related to attainment of 

the 1997 8-hour ozone NAAQS for the 

Pittsburgh Area for as long as the area 

continues to meet the 1997 8-hour 

ozone NAAQS. If a violation of the1997 

8-hour ozone NAAQS is monitored in 

the Pittsburgh-Beaver Valley 8-hour 

ozone nonattainment area, this 

determination shall no longer apply. 

[FR Doc. 2011–13275 Filed 5–27–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0084–201135; FRL– 

9312–5] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama, Georgia, 

and Tennessee: Chattanooga; 

Determination of Attaining Data for the 

1997 Annual Fine Particulate Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA has determined that the 

Chattanooga, Tennessee-Georgia, fine 

particulate (PM2.5) nonattainment area 

(hereafter referred to as ‘‘the 

Chattanooga Area’’ or ‘‘Area’’) has 

attained the 1997 annual average PM2.5

National Ambient Air Quality Standard 

(NAAQS). The Chattanooga Area is 

comprised of Hamilton County in 

Tennessee, Catoosa and Walker 

Counties in Georgia, and a portion of 

Jackson County in Alabama. This 

determination of attainment is based 

upon quality-assured and certified 

ambient air monitoring data for the 

2007–2009 period showing that the Area 

has monitored attainment of the 1997 

annual PM2.5 NAAQS. The requirements 

for the Area to submit an attainment 

demonstration and associated 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, contingency measures, and 

other planning State Implementation 

Plan (SIP) revisions related to 

attainment of the standard shall be 


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