Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 8571 

proposing to amend the regulations in 

33 CFR part 334 by establishing a new 

restricted area in Florida offshore of the 

KSC facilities. The proposed 

amendment will allow the Director, 

KSC, to restrict passage of persons, 

watercraft, and vessels in waters 

contiguous to this facility during launch 

operations and whenever there is a 

perceived threat to the facility. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The proposed rule is issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. The proposed 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). Unless information is 

obtained to the contrary during the 

comment period, the Corps expects that 

the proposed rule will would have 

practically no economic impact on the 

public, or result in no anticipated 

navigational hazard or interference with 

existing waterway traffic. This proposed 

rule, if adopted, will have no significant 

economic impact on small entities. 

c. Review Under the National 

Environmental Policy Act. Due to the 

administrative nature of this action and 

because there is no intended change in 

the use of the area, the Corps expects 

that this regulation, if adopted, will not 

have a significant impact to the quality 

of the human environment and, 

therefore, preparation of an 

environmental impact statement will 

not be required. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments have been received and 

considered. 

d. Unfunded Mandates Act. This 

proposed 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), 

Restricted areas, Waterways. 

For the reasons set out in the 

preamble, the Corps proposes to amend 

33 CFR Part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for 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 § 334.525 to read as follows: 

§ 334.525 Atlantic Ocean off John F. 

Kennedy Space Center, FL; Restricted Area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR part 

329, contiguous to the area offshore of 

the John F. Kennedy Space Center 

(KSC), Florida. The area is bounded by 

a line connecting the following 

coordinates: Commencing from the 

shoreline at the southwest portion of the 

area, at latitude 28°35.008′ N, longitude 

80°34.448′ W, thence directly to latitude 

28°35.716′ N, longitude 80°32.938′ W, 

thence following the mean high water 

line northerly at a distance of 1.5 

nautical miles to a point at latitude 

28°43.566′ N longitude 80°39.094′ W, 

thence proceeding westerly to terminate 

at a point on the shoreline at latitude 

28°43.566′ N, longitude 80°41.189′ W. 

(b) The regulation. (1) The area 

described in paragraph (a) of this 

section will be closed when it is deemed 

necessary by the Director, KSC or his/ 

her designee during launch operations 

or to address any perceived threat to the 

facilities. With the exception of local, 

State, and federal law enforcement 

entities, all persons, vessels, and other 

craft are prohibited from entering, 

transiting, anchoring, or drifting within 

the restricted area when it is closed, 

unless they have the permission of the 

Director, KSC or his/her designee. 

(2) Due to the nature of this restricted 

area, closures may occur with little 

advance notice. Closure of the area shall 

be noticed by warning statements 

displayed on the electronic marquee 

signs located at the gates of the KSC and 

on an electronic marquee sign located 

on the north side of the Port Canaveral 

ship channel between the Trident and 

Poseidon wharfs during the duration of 

the closure. If time permits, additional 

information will be published in area 

newspapers and announced on marine 

radio broadcast. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Director, KSC and/or such persons or 

agencies as he/she may designate. 

Dated: February 19, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–3848 Filed 2–24–10; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0705; A–1–FRL– 

9118–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; 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 Providence (All of 

Rhode Island) moderate 1997 8-hour 

ozone nonattainment area has attained 

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 shows 

the area has monitored attainment of the 

8-hour ozone NAAQS for the 2006–2008 

monitoring period. In addition, 

preliminary ozone data for 2009 show 

the area continues to attain the 1997 

8-hour ozone NAAQS. If this proposed 

determination is made final, under the 

provisions of EPA’s ozone 

implementation rule, the requirements 

for this area to submit an attainment 

demonstration, a reasonable further 

progress plan, contingency measures, 

and other planning State 

Implementation Plans related to 

attainment of the 1997 8-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. 

DATES: Written comments must be 

received on or before March 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2009–0705 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

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

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2009–0705,’’ 

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. 


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8572 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 

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–2009– 

0705. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. The 

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 

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 

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 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. 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 Action Is EPA Taking? 

II. What Is the Effect of This Action? 

III. What Is the Background for This Action? 

IV. What Is EPA’s Analysis of the Relevant 

Air Quality Data? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is proposing to determine that 

the Providence (All of Rhode Island) 

moderate 8-hour ozone nonattainment 

area (hereafter the Rhode Island (RI) 

area) has attained 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 2006–2008 monitoring period. In 

addition, preliminary ozone data for 

2009 show this area continues to attain 

the 1997 ozone NAAQS. 

II. What Is the Effect of This Action? 

If this determination is made final, 

under the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

Section 51.918), the requirements for 

the Rhode Island moderate ozone 

nonattainment 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 would be 

suspended for so long as the area 

continues to attain the ozone NAAQS. 

As discussed further below, this action 

also affects the Federal Implementation 

Plan (FIP) clock started for Rhode Island 

in 2008. 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. 

For the Rhode Island area, EPA 

started a FIP clock on March 24, 2008 

(73 FR 15416) for failure to submit 

attainment demonstration and 

Reasonable Further Progress (RFP) SIPs. 

That same notice also started a highway 

sanctions clock and an offset sanctions 

clock for Rhode Island. This proposed 

action, if finalized, will stay the FIP 

clock started on March 24, 2008, for 

both the attainment demonstration and 

the RFP SIP. The highway and offset 

sanctions clocks were previously 

stopped for these areas since Rhode 

Island submitted the required SIPs and 

EPA has determined them complete. If 

the area subsequently violates the 8- 

hour standard before it is redesignated 

to attainment, the FIP clock would 

restart for Rhode Island for these SIPs. 

If this determination of attainment is 

finalized and EPA subsequently 

determines, after notice-and-comment 

rulemaking in the Federal Register, that 

the area has violated the 1997 8-hour 

ozone standard, the basis for the 

suspension of these requirements would 

no longer exist, and the area would 

thereafter have to address the pertinent 

CAA requirements. 

III. What Is the Background for This 

Action? 

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 entire state of Rhode Island 

was designated as a moderate ozone 

nonattainment area. Recent air quality 

data, however, indicate that the Rhode 

Island area is now attaining the 1997 

8-hour ozone standard. 

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 AQS 

database, for Rhode Island, from 2006 

through 2008. On the basis of that 

review, EPA has concluded that the area 


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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 8573 

attained the 1997 8-hour ozone standard 

at the end of the 2008 ozone season, 

based on three years of complete, 

quality-assured and state-certified 2006– 

2008 ozone data. In addition, 

preliminary ozone data for 2009, show 

the area continues to attain the 1997 

8-hour ozone NAAQS. 

Under EPA regulations at 40 CFR Part 

50, the 1997 8-hour ozone standard is 

attained 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 monitor within the area, then the 

area is meeting the NAAQS. (See 69 FR 

23857 (April 30, 2004) for further 

information.) 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 Rhode Island 

nonattainment area monitors for the 

years 2006–2008, and the ozone design 

values for these same monitors based on 

2006–2008. 

TABLE 1—FOURTH-HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS AND DESIGN VALUES (PARTS PER MILLION) IN THE

RHODE ISLAND AREA

State Site ID Site location 4th high 

2006 

4th high 

2007 

4th high 

2008 

Design 

value 

(2006– 

2008) 

RI ................................................ 440030002 West Greenwich ......................... 0.079 0.089 0.074 0.080 

RI ................................................ 440071010 East Providence ......................... 0.081 0.088 0.077 0.082 

RI ................................................ 440090007 Narragansett ............................... 0.081 0.083 0.081 0.081 

EPA’s review of these data indicates 

that the Rhode Island ozone 

nonattainment area has met the 1997 

8-hour ozone NAAQS. In addition, 

preliminary ozone data for 2009, show 

the area continues to attain the 1997 

8-hour ozone NAAQS. 

EPA is soliciting public comments 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 Action 

EPA is proposing to determine that 

the Rhode Island 1997 8-hour ozone 

moderate nonattainment area has 

attained the 1997 8-hour ozone 

standard, based on complete, qualityassured data through 2008, and 

preliminary data for 2009 indicating 

continuing attainment. As provided in 

40 CFR Section 51.918, if EPA finalizes 

this determination, it would suspend 

the requirements for Rhode Island to 

submit planning SIPs related to 

attainment of the 1997 8-hour ozone 

NAAQS for this area, for so long as the 

area continues to attain the standard. 

VI. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized; 

result in the suspension of certain 

Federal requirements, and would 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 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 

• 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 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, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: February 12, 2010. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2010–3829 Filed 2–24–10; 8:45 am] 

BILLING CODE 6560–50–P 


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