75656 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 

Service Performance Measurements and Customer 

Satisfaction, May 25, 2010, at 22 (Order No. 465). 

2 Docket No. RM2011–1, United States Postal 

Service Notice of Provisional Partial Withdrawal of 

Request for Temporary Waiver, November 24, 2010. 

Alternatively, the Postal Service 

petitions the Commission to initiate a 

rulemaking to remove the requirement 

to report service performance 

measurement for First-Class Mail Flats 

at the District level from the 

Commission’s rules of practice and 

procedure. See 39 CFR 3055.45(a). 

Concomitantly, the Postal Service filed 

a provisional notice of withdrawal from 

a separate request for a temporary 

waiver of this reporting 

requirement.2 See Docket No. RM2011– 

1. 

Specifically, the Postal Service 

requests that the Commission grant one 

of the following extraordinary remedies: 

(1) Allow a semi-permanent exception 

for quarterly, district-level reporting of 

First-Class Mail Flats under 39 CFR 

3055.3(a)(1), on the basis of the undue 

burden that a $4 million measurement 

cost would impose on the Postal 

Service’s financial position; (2) allow a 

semi-permanent exception on an 

extraordinary basis, not under 39 CFR 

3055.3(a)(1), for the same reason; or (3) 

amend 39 CFR 3055.45(a)(1) and (2) to 

delete the word ‘‘District.’’ Request at 7. 

The Commission establishes Docket 

No. RM2011–4 for consideration of 

matters related to the proposed semipermanent exception from periodic 

reporting of service performance 

measurement identified in the Postal 

Service’s Request. 

Interested persons may submit 

comments on whether the Postal 

Service’s Request is consistent with the 

policies of 39 U.S.C. 3652(a)(2) and 39 

CFR 3055.3. Comments are due no later 

than December 14, 2010. The Postal 

Service’s Request can be accessed via 

the Commission’s Web site (http:// 

www.prc.gov). 

The Commission appoints Emmett 

Rand Costich to serve as Public 

Representative in the captioned 

proceedings. 

It is ordered: 

1. The Commission establishes Docket 

No. RM2011–4 for consideration of 

matters raised by the Postal Service’s 

Request. 

2. Comments by interested persons in 

these proceedings are due no later than 

December 14, 2010. 

3. Pursuant to 39 U.S.C. 505, Emmett 

Rand Costich is appointed to serve as 

the officer of the Commission (Public 

Representative) to represent the 

interests of the general public in these 

proceedings. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Shoshana M. Grove, 

Secretary. 

[FR Doc. 2010–30448 Filed 12–3–10; 8:45 am] 

BILLING CODE 7710–FW–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2010–0934; A–1–FRL– 

9235–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Determination of 

Attainment of the 1997 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that the Boston-ManchesterPortsmouth (SE), New Hampshire 

moderate 1997 8-hour ozone 

nonattainment area continues to attain 

the 1997 8-hour National Ambient Air 

Quality Standard (NAAQS) for ozone. 

This determination is based upon 

complete, quality-assured, certified 

ambient air monitoring data that show 

the area has monitored attainment of the 

1997 8-hour ozone NAAQS for the 

2007–2009 monitoring period. 

Preliminary data available through June 

15, 2010 also are consistent with 

continued attainment. In addition, in 

accordance with the Clean Air Act, EPA 

is proposing to determine that this area 

has attained the 1997 ozone NAAQS as 

of June 15, 2010, its applicable 

attainment date. 

DATES: Written comments must be 

received on or before January 5, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0934 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the online instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2010–0934, ’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2010– 

0934. 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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 75657 

EPA requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, e-mail 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What actions is EPA taking? 

II. What is the effect of these actions? 

III. What is the background for these 

actions? 

IV. What is EPA’s analysis of the relevant 

air quality data? 

V. Proposed Actions 

VI. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is proposing to determine that 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire moderate 8-hour ozone 

nonattainment area continues to attain 

the 1997 8-hour NAAQS for ozone. This 

determination is based upon complete, 

quality-assured and certified ambient air 

monitoring data that show the area has 

monitored attainment of the 1997 ozone 

NAAQS for the 2007–2009 monitoring 

period. Data available through June 15, 

2010, in the EPA Air Quality System 

(AQS) are also consistent with 

continued attainment. In addition, 

under section 181(b)(2)(A) of the Clean 

Air Act (CAA), EPA is proposing to 

determine that this area has attained the 

1997 ozone NAAQS by its applicable 

attainment date (June 15, 2010). 

II. What is the effect of these actions? 

Under section 181(b)(2)(A) of the CAA 

and the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

Section 51.902(a)), EPA is proposing to 

determine that this area has attained the 

1997 ozone NAAQS by its applicable 

attainment date of June 15, 2010. The 

effect of a final determination of 

attainment by the area’s attainment date 

would be to discharge EPA’s obligation 

under section 181(b)(2)(A), and to 

establish that, in accordance with that 

section, the area would not be 

reclassified for failure to attain by its 

applicable attainment date. This 

proposed action, if finalized, would not 

constitute a redesignation to attainment 

under the Clean Air Act (CAA) section 

107(d)(3), because we would not yet 

have an approved maintenance plan for 

the area as required under section 175A 

of the CAA, nor a determination that the 

area has met the other requirements for 

redesignation. The classification and 

designation status of the area would 

remain moderate 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. 

The further effect of this proposed 

action is to reaffirm EPA’s prior 

determination of attainment for this area 

(See 73 FR 14387 (March 18, 2004)), and 

thus, pursuant to 40 CFR. 51.918, to 

continue the suspension of New 

Hampshire’s obligation to make certain 

SIP submissions for this area. 

III. What is the background for these 

actions? 

On April 30, 2004 (69 FR 23857), EPA 

designated as nonattainment any area 

that was violating the 1997 8-hour 

ozone NAAQS based on the three most 

recent years (2001–2003) of air quality 

data. The Boston-ManchesterPortsmouth (SE), New Hampshire area 

was designated as a moderate ozone 

nonattainment area. Subsequently, on 

March 18, 2008, EPA published in the 

Federal Register a determination that 

the area was attaining the 1997 8-hour 

ozone standard, based on complete, 

quality-assured and certified data for 

2004–2006. (See 73 FR 14387). That 

action suspended the obligation for the 

area to submit an attainment 

demonstration, a reasonable further 

progress plan, section 172(c)(9) 

contingency measures, and any other 

planning State Implementation Plans 

(SIPs) related to attainment of the 1997 

8-hour ozone NAAQS for so long as the 

area continues to attain the 1997 ozone 

NAAQS. 40 CFR 51.918. Complete, 

certified ozone air quality data for 2007 

through 2009, as well as complete, 

quality-assured, but not yet certified, 

ozone data available in AQS, through 

June 15, 2010, show that the BostonManchester-Portsmouth (SE), New 

Hampshire area continues to meet the 

1997 8-hour ozone standard. Additional, 

preliminary ozone data available 

through September 30, 2010, continues 

to show this area meets the ozone 

NAAQS. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

The EPA has reviewed the ambient air 

monitoring data for ozone, consistent 

with the requirements contained in 40 

CFR part 50 and recorded in the Air 

Quality Data System (AQS) database, for 

Boston-Manchester-Portsmouth (SE), 

New Hampshire area, from 2007 

through 2009. On the basis of its review, 

EPA proposes to conclude that the area 

attained the 1997 8-hour ozone standard 

at the end of the 2009 ozone season, 

based on 3 years of complete, qualityassured and State-certified 2007–2009 

ozone data. Preliminary data available 

in the EPA Air Quality System, through 

June 15, 2010 are also consistent with 

continued attainment. 

Under EPA regulations at 40 CFR part 

50, the 1997 8-hour ozone standard is 

attained at a site when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentrations at an ozone monitor is 

less than or equal to 0.08 parts per 

million (ppm) (i.e., 0.084 ppm, based on 

the rounding convention in 40 CFR part 

50, appendix I). This 3-year average is 

referred to as the design value. When 

the design value is less than or equal to 

0.084 ppm at each monitoring site 

within the area, then the area is meeting 

the NAAQS. Also, the data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90%, and no single year has less than 

75% data completeness as determined 

in Appendix I of 40 CFR part 50. 

Table 1 shows the fourth-highest daily 

maximum 8-hour average ozone 

concentrations for the BostonManchester-Portsmouth (SE), New 

Hampshire nonattainment area monitors 

for the years 2007–2009, and the ozone 

design values for these same monitors 

based on 2007–2009. 

TABLE 1—2007–2009 FOURTH-HIGH 8-HOUR AVERAGE OZONE CONCENTRATIONS AND 2007–2009 DESIGN VALUES

(PARTS PER MILLION) IN THE BOSTON-MANCHESTER-PORTSMOUTH (SE), NEW HAMPSHIRE AREA

Location AQS site ID 4th high 2007 4th high 2008 4th high 2009 Design value 

(07–09) 

Manchester .......................................................................... 330110020 0.074 0.064 0.060 0.066 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
75658 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 

TABLE 1—2007–2009 FOURTH-HIGH 8-HOUR AVERAGE OZONE CONCENTRATIONS AND 2007–2009 DESIGN VALUES

(PARTS PER MILLION) IN THE BOSTON-MANCHESTER-PORTSMOUTH (SE), NEW HAMPSHIRE AREA—Continued 

Location AQS site ID 4th high 2007 4th high 2008 4th high 2009 Design value 

(07–09) 

Nashua ................................................................................. 330111011 0.081 0.067 0.066 0.071 

Portsmouth ........................................................................... 330150014 0.078 0.069 0.070 0.072 

Rye ....................................................................................... 330150016 0.086 0.075 0.068 0.076 

EPA’s review of these data indicates 

that the Boston-Manchester-Portsmouth 

(SE), New Hampshire ozone 

nonattainment area has met the 1997 8- 

hour ozone NAAQS, based on 2007– 

2009 data. EPA believes these data, 

coupled with preliminary data available 

through June 15, 2010, indicate that the 

Boston-Manchester-Portsmouth (SE), 

New Hampshire area has also attained 

the standard as of its applicable 

attainment date of June 15, 2010. Thus, 

in accordance with CAA section 

181(b)(2), EPA is also proposing to 

determine that the Boston-ManchesterPortsmouth (SE), New Hampshire area 

has attained the standard by its 

applicable attainment date. 

EPA is soliciting public comment on 

the issues discussed in this notice or on 

other relevant matters pertaining to this 

rulemaking action. These comments 

will be considered before EPA takes 

final action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to the EPA New England 

Regional Office listed in the ADDRESSES

section of this Federal Register. 

V. Proposed Actions 

EPA is proposing to determine that 

the Boston-Manchester-Portsmouth (SE), 

New Hampshire 1997 8-hour ozone 

moderate nonattainment area continues 

to attain the 1997 8-hour ozone 

standard, based on complete, qualityassured data from 2007 through 2009. 

Data for 2010 that are available in AQS 

through June 30, 2010 are consistent 

with continued attainment. As provided 

in 40 CFR Section 51.918, if EPA 

finalizes this determination, the 

requirements for New Hampshire to 

submit planning SIPs related to 

attainment of the 1997 8-hour ozone 

NAAQS for this area remain suspended, 

for so long as the area continues to 

attain the standard. In addition, under 

section 181(b)(2)(A) of the Clean Air Act 

and the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

51.902(a)), EPA is proposing to 

determine that this area has attained the 

1997 ozone NAAQS by its applicable 

attainment date of June 15, 2010. 

VI. Statutory and Executive Order 

Reviews 

These actions propose to make 

determinations of attainment based on 

air quality, and would, if finalized, 

result in the continued suspension of 

certain Federal requirements, and 

would not impose additional 

requirements beyond those imposed by 

State law. For that reason, these 

proposed actions: 

• Are 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); 

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are 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.); 

• Do 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); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• Are not subject to the 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 Clean Air Act; 

and 

• Do 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 rule 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, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: November 24, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

[FR Doc. 2010–30493 Filed 12–3–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2010–0921, FRL–9235–6] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Prevention of Significant Deterioration; 

Greenhouse Gas Permitting Authority 

and Tailoring Rule Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a draft revision to the State 

Implementation Plan (SIP), submitted 

by the Commissioner of the Alaska 

Department of Environmental 

Conservation (ADEC) to EPA on October 

25, 2010, for parallel processing. The 

proposed SIP revision updates Alaska’s 

Prevention of Significant Deterioration 

(PSD) program to reflect changes to the 

Federal PSD program relating to the 

permitting of greenhouse gas (GHG) 

emissions. EPA is proposing in this 

action to approve those revisions if the 

final SIP revision submitted by Alaska 

to EPA is consistent with the draft SIP 

revision. 

DATES: Comments must be received on 

or before January 5, 2011. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1