69906 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 

only affect air traffic procedures and air 

navigation, it is certified that this 

proposed rule, when promulgated, 

would not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This proposed 

rulemaking is promulgated under the 

authority described in subtitle VII, part, 

A, subpart I, section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This proposed regulation is 

within the scope of that authority as it 

would amend Class E airspace at 

Malcolm-McKinnon Airport, 

Brunswick, GA. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND CLASS E AIRSPACE 

AREAS; AIR TRAFFIC SERVICE 

ROUTES; AND REPORTING POINTS 

1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, effective 

September 15, 2010, is amended as 

follows: 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ASO GA E2 Brunswick MalcolmMcKinnon Airport, GA [AMENDED] 

Brunswick Malcolm-McKinnon Airport, GA 

(Lat. 31°09′07′′ N., long. 81°23′29′′ W.) 

That airspace extending upward from the 

surface within a 4.1-mile radius of the 

Brunswick Malcolm-McKinnon Airport. This 

Class E airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The effective 

date and time will thereafter be continuously 

purblished in the Airport/Facility Directory. 

Issued in College Park, Georgia, on 

November 2, 2010. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2010–28761 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0879] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Atlantic Intracoastal Waterway (AIWW), 

Elizabeth River, Southern Branch, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

temporarily change the regulations that 

govern the operation of the Gilmerton 

(US13/460) Bridge across the Elizabeth 

River (Southern Branch), AIWW mile 

5.8, at Chesapeake, VA. Due to the 

construction of the new Gilmerton 

Highway Bridge, the existing 

drawbridge has experienced increased 

delays to vehicular traffic during 

unscheduled vessel openings. The 

proposed change would provide 

adjustments and set opening periods for 

the bridge during the day, relieving 

vehicular traffic congestion during the 

weekday and weekend daytime hours 

while still providing for the reasonable 

needs of navigation. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 18, 2011. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2010–0879 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590– 

0001. 

(4) Hand Delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these methods. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or e-mail Bill H. Brazier, 

Bridge Management Specialist, Fifth 

Coast Guard District; telephone 757– 

398–6422, Bill.H.Brazier@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. All 

comments received will be posted, 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2010–0879), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (http:// 

www.regulations.gov), or by fax, mail or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via http:// 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an e-mail 

address, or a phone number in the body 

of your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rules’’ and insert 

‘‘USCG–2010–0879’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 69907 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit them by 

mail and would like to know that they 

reached the Facility, please enclose a 

stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period and may change 

the rule based on your comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2010– 

0879’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit either the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation, West 

Building, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. We have an 

agreement with the Department of 

Transportation to use the Docket 

Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why one would be beneficial. If 

we determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Basis and Purpose 

The City of Chesapeake, Virginia (the 

City), who owns and operates the lifttype Gilmerton (US13/460) Bridge, has 

requested a temporary change to the 

existing bridge regulations. The current 

regulation, set out in 33 CFR 117.997(c), 

requires the Gilmerton (US13/460) 

Bridge, at AIWW mile 5.8, in 

Chesapeake to open on signal at any 

time for commercial vessels carrying 

liquefied flammable gas or other 

hazardous materials. From 6:30 a.m. to 

8:30 a.m. and from 3:30 p.m. to 5:30 

p.m. Monday through Friday, except 

Federal holidays, the draw need not 

open for the passage of recreational or 

commercial vessels; except the draw 

shall open for commercial cargo vessels, 

including tugs, and tugs with tows, if 

two hours’ advance notice is given to 

the Gilmerton Bridge at (757) 545–1512. 

At all other times, the draw shall open 

on signal. The current operating 

schedule has been in effect since 

November 17, 2003. 

The Gilmerton Bridge Replacement 

project, which is currently underway 

since November 2009, will provide a 

new vertical-lift type bridge over the 

Southern Branch of the Elizabeth River 

to replace the existing bridge that was 

constructed in 1938. 

Due to the construction for the new 

Gilmerton Bridge, vehicular traffic is 

limited to one lane in each direction 

and the bridge and approaches have 

experienced back-ups, delays, and 

congestion. This temporary change will 

allow, from June 19, 2011, to December 

20, 2013, the draw of the Gilmerton 

(US13/460) Bridge to open on signal at 

any time for commercial vessels 

carrying liquefied flammable gas or 

other hazardous materials. From 6:30 

a.m. to 9:30 a.m. and from 3:30 p.m. to 

6:30 p.m., Monday through Friday, 

except Federal holidays, the draw need 

not open for the passage of recreational 

or commercial vessels; except the draw 

shall open anytime for commercial 

cargo vessels, including tugs, and tugs 

with tows, if two hours’ advance notice 

is given to the Gilmerton Bridge at (757) 

545–1512. 

From 9:30 a.m. to 3:30 p.m. Monday 

through Friday and from 6:30 a.m. to 

6:30 p.m. Saturdays, Sundays and 

Federal holidays, the draw shall open 

on signal hourly on the half hour; 

except the draw shall open anytime for 

commercial cargo vessels, including 

tugs, and tugs with tows, if two hours’ 

advance notice is given to the Gilmerton 

Bridge at (757) 545–1512. At all other 

times, the draw shall open on signal. 

By expanding the morning and 

evening rush hour periods on the 

weekdays and implementing scheduled 

bridge openings between the rush hour 

periods and on the weekends, we 

anticipate a decrease in vehicular traffic 

congestion during the daytime hours. 

Concurrent with the publication of 

the Notice of Proposed Rulemaking 

(NPRM), a Test Deviation [USCG–2010– 

0879] has been issued to allow the City 

to test the proposed schedule and to 

obtain data and public comments. The 

test deviation will be in effect during 

the entire Notice of Proposed 

Rulemaking comment period. Also, a 

count of the delayed vessels during the 

closure periods will be taken to ensure 

a future regulation will not have a 

significant impact on navigation. This 

NPRM has been coordinated with the 

main commercial waterway user group, 

specifically, the Virginia Maritime 

Association who represents waterborne 

commerce in the Port of Hampton 

Roads, and there is no expectation of 

any significant impacts on navigation. 

Vessel traffic on this waterway 

consists of pleasure craft, tug and barge 

traffic, and ships with assist tugs. There 

are no alternate routes for vessels 

transiting this section of the Atlantic 

Intracoastal Waterway and the 

drawbridge will be able to open in the 

event of an emergency. 

According to records furnished by the 

City, there were a total of 6,195 bridge 

openings and 12,498 vessel passages 

occurring at the drawbridge between 

September 2009 and September 2010. 

(See Table A) 

TABLE A 

2009 2009 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 

SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 

BRIDGE OPENINGS FOR SEPTEMBER 2009–SEPTEMBER 2010 

551 621 549 503 299 284 317 476 639 616 459 365 516 

BOAT PASSAGES FOR SEPTEMBER 2009–SEPTEMBER 2010 

892 1,858 1,361 645 406 392 478 967 1,770 1,408 791 628 902 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
69908 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 

Under normal conditions, the 

Gilmerton (US13/460) Bridge is a vital 

transportation route for over 35,000 

motorists per day. According to recent 

vehicular traffic counts submitted by the 

City, the average daily traffic volume 

decreased at the Gilmerton (US13/460) 

Bridge to approximately 20,000 cars a 

day. Due to construction, the I–64 High 

Rise Bridge is the suggested alternate 

route for motorists. Even with the 

alternative vehicular route, the Coast 

Guard anticipates continued vehicular 

traffic congestion over the Gilmerton 

Highway Bridge due to the reduction of 

highway lanes and anticipates that 

traffic congestion will subside once the 

new bridge is completed. 

Discussion of Proposed Rule 

The Coast Guard proposes to 

temporarily amend the regulations 

governing the Gilmerton (US13/460) 

Bridge at AIWW mile 5.8, in 

Chesapeake, at 33 CFR 117.997(c), by 

inserting a new paragraph (j). From June 

19, 2010, to December 20, 2013, the 

draw shall open on signal at any time 

for commercial vessels carrying 

liquefied flammable gas or other 

hazardous materials. From 6:30 a.m. to 

9:30 a.m. and from 3:30 p.m. to 6:30 

p.m., Monday through Friday, except 

Federal holidays, the draw need not 

open for the passage of recreational or 

commercial vessels; except the draw 

shall open anytime for commercial 

cargo vessels, including tugs, and tugs 

with tows, if two hours’ advance notice 

is given to the Gilmerton Bridge at (757) 

545–1512. 

From 9:30 a.m. to 3:30 p.m. Monday 

through Friday and from 6:30 a.m. to 

6:30 p.m. Saturdays, Sundays and 

Federal holidays, the draw shall open 

on signal hourly on the half hour; 

except the draw shall open anytime for 

commercial cargo vessels, including 

tugs, and tugs with tows, if two hours’ 

advance notice is given to the Gilmerton 

Bridge at (757) 545–1512. At all other 

times, the draw shall open on signal. 

This temporary change will reduce 

openings to specific times which will 

help alleviate traffic congestion on the 

Gilmerton (US13/460) Bridge and its 

approaches. The Coast Guard believes 

that the congestion to vehicular traffic is 

due to previously referenced vehicular 

traffic limitations and will subside 

when construction of the new bridge is 

completed. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The 

proposed changes are expected to have 

only a minimal impact on maritime 

traffic transiting the bridge. Mariners 

can plan their trips in accordance with 

the scheduled bridge openings to 

minimize delays. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. This proposed rule would affect 

the following entities, some of which 

might be small entities: Owners and 

operators of vessels other than certain 

commercial cargo vessels needing to 

transit the bridge. This proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities because the rule only adds 

minimal restrictions to the movement of 

navigation, by expanding the morning 

and evening rush hour periods on the 

weekdays and implementing scheduled 

bridge openings between the rush hour 

periods and on the weekends. Mariners 

who plan their transits in accordance 

with the scheduled bridge openings can 

minimize delay. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If the rule would affect your small 

business, organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact Waverly W. 

Gregory, Jr., Bridge Administrator, Fifth 

Coast Guard District, (757) 398–6222. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this proposed rule will not 

result in such expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 


hsrobinson on DSK69SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Proposed Rules 69909 

Risks. This rule is not an economically 

significant rule and would not create an 

environmental risk to health or risk to 

safety that might disproportionately 

affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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 guides 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 which do not individually or 

cumulatively have a significant effect on 

the human environment because it 

simply promulgates the operating 

regulations or procedures for 

drawbridges. 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 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

2. From June 19, 2010, to December 

20, 2013, in § 117.997, suspend 

paragraph (c) and temporarily add a 

new paragraph (j) to read as follows: 

§ 117.997 Atlantic Intracoastal Waterway, 

South Branch of the Elizabeth River to the 

Albemarle and Chesapeake Canal. 

* * * * * 

(j) The draw of the Gilmerton (US13/ 

460) Bridge, mile 5.8, in Chesapeake: 

(1) Shall open on signal at any time 

for commercial vessels carrying 

liquefied flammable gas or other 

hazardous materials. 

(2) From 6:30 a.m. to 9:30 a.m. and 

from 3:30 p.m. to 6:30 p.m., Monday 

through Friday, except Federal holidays: 

(i) Need not open for the passage of 

recreational or commercial vessels that 

do not qualify under paragraph (j)(2)(ii) 

of this section. 

(ii) Need not open for commercial 

cargo vessels, including tugs, and tugs 

with tows, unless 2 hours’ advance 

notice has been given to the Gilmerton 

Bridge at (757) 545–1512. 

(3) From 9:30 a.m. to 3:30 p.m. 

Monday through Friday and from 6:30 

a.m. to 6:30 p.m. Saturdays, Sundays 

and Federal holidays, the draw need 

only be opened every hour on the half 

hour, except the draw shall open on 

signal for commercial vessels that 

qualify under paragraphs (j)(1) and 

(j)(2)(ii) of this section. 

(4) Shall open on signal at all other 

times. 

Dated: November 2, 2010. 

Patrick B. Trapp, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District. 

[FR Doc. 2010–28738 Filed 11–15–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2005–TX–0012; FRL–9226– 

3] 

Approval and Promulgation of 

Implementation Plans; Texas; 

Emissions Banking and Trading of 

Allowances Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

portions of four revisions to the Texas 

State Implementation Plan (SIP) that 

create and amend the Emissions 

Banking and Trading of Allowances 

(EBTA) Program. The EBTA Program 

establishes a cap and trade program to 

reduce emissions of oxides of nitrogen 

(NOX) and sulfur dioxide (SO2) from 

participating electric generating 

facilities. The Texas Commission on 

Environmental Quality (TCEQ) 

originally submitted the EBTA program 

to EPA as a SIP revision on January 3, 

2000. Since that time, the TCEQ has 

submitted SIP revisions for the EBTA 

Program on September 11, 2000; July 15, 

2002; and October 24, 2006. EPA has 

determined that these changes to the 

Texas SIP comply with the Federal 

Clean Air Act (the Act or CAA) and EPA 

regulations, are consistent with EPA 

policies, and will improve air quality. 

This action is being taken under section 

110 and parts C and D of the Act. 

DATES: Comments must be received on 

or before December 16, 2010. 

ADDRESSES: Comments may be mailed to 

Mr. Jeff Robinson, Chief, Air Permits 

Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning today’s 

proposal, please contact Ms. Adina 

Wiley (6PD–R), Air Permits Section, 

Environmental Protection Agency, 

Region 6, 1445 Ross Avenue (6PD–R), 


hsrobinson on DSK69SOYB1PROD with PROPOSALS