Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules 26515 

crossing over the Micaville, Bakersville, 

Huntdale (southeastern corner), and 

Burnsville maps, then back onto the 

Huntdale map and continuing along the 

Mitchell/Yancy County line, crossing 

onto the Chestoa map, to the 

intersection of the Mitchell/Yancey 

County line with the Mitchell/Unicoi 

County line, which is concurrent with 

the Tennessee/North Carolina State line; 

then 

(34) Proceed northeasterly along the 

Mitchell/Unicoi County line, crossing 

back over the Huntsdale (northwestern 

corner) map and onto the Unicoi map, 

and returning to the beginning point. 

Signed: April 25, 2016. 

Mary G. Ryan, 

Deputy Administrator. 

[FR Doc. 2016–10291 Filed 5–2–16; 8:45 am] 

BILLING CODE 4810–31–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0839; FRL–9945–89– 

Region 4] 

Determination of Attainment; Atlanta, 

Georgia; 2008 Ozone National Ambient 

Air Quality Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to determine 

that the Atlanta, Georgia, 2008 Ozone 

National Ambient Air Quality Standard 

(NAAQS) Moderate Nonattainment Area 

(‘‘Atlanta Area’’ or the ‘‘Area’’) has 

attained the 2008 8-hour ozone NAAQS. 

This proposed determination is based 

upon complete, quality-assured, and 

certified ambient air monitoring data 

showing that the Area has monitored 

attainment of the 2008 8-hour ozone 

NAAQS for the 2013–2015 monitoring 

period. If EPA finalizes this proposed 

action, the requirement for this Area to 

submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), reasonable 

further progress (RFP) plans, 

contingency measures, and other 

planning state implementation plans 

(SIPs) related to attainment of the 2008 

8-hour ozone NAAQS will be 

suspended until EPA redesignates the 

Area to attainment, approves a 

redesignation substitute, or determines 

that the Area has violated the 2008 8- 

hour ozone NAAQS. This proposed 

attainment determination does not 

constitute a redesignation to attainment. 

The Atlanta Area will remain in 

nonattainment status for the 2008 8- 

hour ozone NAAQS until such time as 

the State requests a redesignation to 

attainment and EPA determines that the 

Atlanta Area meets the Clean Air Act 

(CAA or Act) requirements for 

redesignation, including an approved 

maintenance plan. 

DATES: Comments must be received on 

or before June 2, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2015–0839, at http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. Ms. 

Spann can be reached via phone at (404) 

562–9029 or via electronic mail at 

spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 12, 2008, EPA revised both 

the primary and secondary NAAQS for 

ozone to a level of 0.075 parts per 

million (ppm) (annual fourth-highest 

daily maximum 8-hour average 

concentration, averaged over three 

years) to provide increased protection of 

public health and the environment. See 

73 FR 16436 (March 27, 2008). The 2008 

ozone NAAQS retains the same general 

form and averaging time as the 0.08 

ppm NAAQS set in 1997, but is set at 

a more protective level. Effective July 

20, 2012, EPA designated any area that 

was violating the 2008 8-hour ozone 

NAAQS based on the three most recent 

years (2008–2010) of air monitoring data 

as a nonattainment area. See 77 FR 

30088 (May 21, 2012). The Atlanta Area, 

consisting of Bartow, Cherokee, Clayton, 

Cobb, Coweta, DeKalb, Douglas, Fayette, 

Forsyth, Fulton, Gwinnett, Henry, 

Newton, Paulding, and Rockdale 

counties, was designated as a marginal 

ozone nonattainment area. See 40 CFR 

81.311. Areas that were designated as 

marginal ozone nonattainment areas 

were required to attain the 2008 8-hour 

ozone NAAQS no later than July 20, 

2015, based on 2012–2014 monitoring 

data. The Atlanta Area did not attain the 

2008 8-hour ozone NAAQS by July 20, 

2015, and therefore on April 11, 2016, 

the EPA Administrator signed a final 

rule reclassifying the Atlanta Area from 

a marginal nonattainment area to a 

moderate nonattainment area for the 

2008 8-hour ozone standard. A prepublication version of the final rule can 

be found at EPA’s Web site at: https:// 

www.epa.gov/sites/production/files/ 

2016-04/documents/20160411fr.pdf. 

Moderate areas are required to attain the 

2008 8-hour ozone NAAQS by no later 

than July 20, 2018, six years after the 

effective date of the initial 

nonattainment designations. See 40 CFR 

51.1103. Air quality monitoring data 

from the 2013–2015 monitoring period 

show that the Atlanta Area is now 

attaining the 2008 8-hour ozone 

NAAQS. 

Under the provisions of EPA’s ozone 

implementation rule for the 2008 8-hour 

ozone NAAQS (40 CFR part 51, subpart 

AA), if EPA issues a determination that 

an area is attaining the relevant 

standard, also known as a Clean Data 

Determination, the area’s obligations to 

submit an attainment demonstration 

and associated RACM, RFP, contingency 

measures, and other planning SIPs 

related to attainment of the 2008 8-hour 

ozone NAAQS are suspended until EPA: 

(i) Redesignates the area to attainment 

for the standard or approves a 

redesignation substitute, at which time 

those requirements no longer apply; or 

(ii) EPA determines that the area has 

violated the standard, at which time the 

area is again required to submit such 

plans. See 40 CFR 51.1118. While these 

requirements are suspended, EPA is not 

precluded from acting upon these 

elements at any time if submitted to 

EPA for review and approval. 

An attainment determination is not 

equivalent to a redesignation under 

section 107(d)(3) of the CAA. The 

designation status of the Atlanta Area 

will remain nonattainment for the 2008 


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26516 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules 

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, and redesignates the 

Area. Additionally, the determination of 

attainment is separate from, and does 

not influence or otherwise affect, any 

future designation determination or 

requirements for the Atlanta Area based 

on any new or revised ozone NAAQS, 

and the determination of attainment 

remains in effect regardless of whether 

EPA designates this Area as a 

nonattainment area for purposes of any 

new or revised ozone NAAQS. 

II. EPA’s Analysis 

The 2008 8-hour ozone NAAQS are 

met at a monitor when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentrations at the ozone monitor is 

less than or equal to 0.075 ppm based 

on complete, consecutive calendar years 

of certified, quality-assured ambient air 

monitoring data. See 40 CFR 50.15; 40 

CFR part 50, appendix P. This 3-year 

average is referred to as the design 

value. When the design value is less 

than or equal to 0.075 ppm at each 

monitor within the area, then the area 

is attaining the NAAQS. Also, the data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

or equal to 90 percent, and no single 

year has less than 75 percent data 

completeness as determined in 40 CFR 

part 50, appendix P. The data must be 

collected and quality-assured in 

accordance with 40 CFR part 58 and 

recorded in the EPA Air Quality System 

(AQS). 

EPA has reviewed the complete, 

quality-assured, and certified ozone 

ambient air monitoring data for the 

2013–2015 monitoring period for the 

Atlanta Area. The design values for each 

monitor for this period are less than or 

equal to 0.075 ppm, and all of the 

monitors meet the data completeness 

requirements (see Table 1, below). 

Based on this data and consistent with 

the requirements contained in 40 CFR 

part 50, EPA has preliminarily 

concluded that this Area has attained 

the 2008 8-hour ozone NAAQS. 

TABLE 1—ATLANTA AREA 4TH HIGHEST DAILY MAXIMUM OZONE 8-HOUR AVERAGES AND 8-HOUR OZONE DESIGN

VALUES FOR 2013–2015 

County Monitor ID 

4th Highest daily maximum value Design value 

(2013–2015) 2013 2014 2015 

Cobb ..................................................................................... 130670003 67 * 63 66 * 65 

Coweta ................................................................................. 130770002 53 67 66 62 

Dawson ................................................................................ 130850001 63 66 63 64 

DeKalb ................................................................................. 130890002 62 70 71 67 

Douglas ................................................................................ 130970004 63 65 70 66 

Fulton ................................................................................... 131210055 69 73 77 73 

Gwinnett ............................................................................... 131350002 69 68 71 69 

Henry .................................................................................... 131510002 70 75 70 71 

Paulding ............................................................................... 132230003 62 59 65 62 

Pike ...................................................................................... 132319991 64 66 68 66 

Rockdale .............................................................................. 132470001 71 79 68 72 

* Georgia temporarily shut down the monitor during a portion of the 2014 monitoring season due to construction at the National Guard Depot. 

The data in Table 1 are taken from 

EPA’s AQS database, available at: 

https://www.epa.gov/aqs. The AQS 

report with this data is available in the 

docket for this rulemaking. 

III. Proposed Action 

EPA is proposing to determine that 

the Atlanta Area has attained the 2008 

8-hour ozone NAAQS. This proposed 

determination is based upon complete, 

quality assured, and certified ambient 

air monitoring data showing that the 

Atlanta Area has monitored attainment 

of the 2008 8-hour ozone NAAQS for 

the 2013–2015 monitoring period. If 

EPA finalizes this proposal, the 

requirement for this Area to submit an 

attainment demonstration and 

associated RACM, a RFP plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the 2008 8-hour ozone NAAQS will be 

suspended until EPA redesignates the 

Area to attainment, approves a 

redesignation substitute, or determines 

that the Area has violated the standard. 

IV. Statutory and Executive Order 

Reviews 

This proposed attainment 

determination would, if finalized, result 

in the suspension of certain federal 

requirements and would not impose any 

additional requirements. 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 

• Will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

In addition, this proposed rule does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law 


asabaliauskas on DSK9F6TC42PROD with PROPOSALS
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules 26517 

because it merely makes a 

determination based on air quality data. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements. 

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

Dated: April 20, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

[FR Doc. 2016–10167 Filed 5–2–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 16–08] 

RIN 3072–AC64 

Rules of Practice and Procedure; 

Presentation of Evidence in 

Commission Proceedings 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Maritime 

Commission is proposing to reorganize 

several subparts of its Rules of Practice 

and Procedure and revise its rules 

regarding presentation of evidence in 

Commission proceedings. 

DATES: Submit comments on or before 

July 5, 2016. 

ADDRESSES: You may submit comments, 

identified by the docket number in the 

heading of this document, by any of the 

following methods: 

• Email: secretary@fmc.gov. Include 

in the subject line: ‘‘Docket No. 16–08, 

Commenter/Company Name.’’ 

Comments should be attached to the 

email as a Microsoft Word or textsearchable PDF document. Comments 

containing confidential information 

should not be submitted by email. 

• Mail: Karen V. Gregory, Secretary, 

Federal Maritime Commission, 800 

North Capitol Street NW., Washington, 

DC 20573–0001. 

• Docket: For access to the docket to 

read background documents or 

comments received, go to: http://

www.fmc.gov/16-08. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Phone: (202) 523–5725, 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission is proposing to update or 

reorganize several subparts of 46 CFR 

part 502, its Rules of Practice and 

Procedure, and to substantively revise 

the subpart regarding how hearings are 

conducted to improve guidance 

concerning the presentation of evidence 

in Commission proceedings. Certain 

current rules would also be removed to 

clarify current practice and eliminate 

duplication. 

Reorganization of Part 502 

Part 502 sets out the rules governing 

procedure in all types of Commission 

proceedings. However, after years of 

revisions, some users find the grouping 

and ordering of the subparts confusing. 

The Commission proposes to reorder 

and rename certain subparts to better 

reflect the chronology of a typical 

adjudication, and to distinguish other 

types of proceedings, as enumerated in 

this table: 

Current 46 CFR part 502 Proposed New 46 CFR part 502 Revisions 

Subpart A, General Information ......................... ...................................................................... Redesignate § 502.141 as § 502.14. 

Subpart E, Proceedings; Pleadings; Motions; 

Replies.

Subpart E, Private Complaints and Commission Investigations.Separate subpart E in to subparts E and F, 

relocate and regroup rules within both subparts. 

Subpart F, Settlement; Prehearing Procedure ... Subpart F, Petitions, Exemptions and Orders 

to Show Cause.

Separate subpart E in to subparts E and F, 

relocate and regroup rules within both subparts. 

Subpart J, Hearings; Presiding Officers; Evidence.Subpart L, Presentation of Evidence ............... Revise several sections and relocate all (see 

Table below). 

Subpart K, Shortened Procedure ....................... Subpart K [Reserved] ...................................... Remove subpart K in its entirety. 

Subpart L, Disclosures and Discovery ............... Subpart J, Disclosures and Discovery ............. Relocate and redesignate all rules to subpart 

J. 

Subpart M, Briefs; Requests for Findings; Decisions; Exceptions.Subpart M; Decisions, Appeals, Exceptions .... Relocate § 502.153, remove § 502.222 and 

retitle. 

Subpart A 

In subpart A several cross references 

would be corrected and current 

§ 502.141 that establishes the 

Commission may hold hearings that are 

not part of an adjudicatory process, 

would be moved to this subpart as 

general information and retitled. 

Subpart D 

Cross references are corrected in 

subpart D. 

Subpart E 

Subpart E, currently ‘‘Proceedings, 

Pleading, Motions, Replies’’ would 

apply only to adjudications of private 

complaints and Commission 

investigations and would be renamed 

‘‘Private Complaints and Commission 

Investigations.’’ Revised subpart E 

would contain the procedures for 

institution of those proceedings, 

motions practice, opportunity for 

settlement, and other related rules. 

Section 502.61 which opens the subpart 

would be revised by moving and 

amending a rule on notice of hearings 

from subpart J. 

Subpart F 

Current subpart F addresses 

Settlement and Prehearing Procedure. 

Inasmuch as those subject areas are part 

of the process in adjudicatory 

proceedings, they would be divided and 

moved into subpart E and a revised 

subpart L governing presentation of 

evidence. 

Subpart F would be revised to apply 

to proceedings other than private 

complaints and Commission 

investigations, titled: ‘‘Petitions, 

Exemptions, and Orders to Show 

Cause.’’ These types of proceedings are 

generally distinct from complaint and 

investigation proceedings. With clear 

headings, the proposed rules are 

intended to be easier for the user to 

locate. Revised subpart F would 

encompass current §§ 502.73 through 

502.77. 

Subparts J, and L 

The Commission proposes changes to 

subpart J, ‘‘Hearings; Presiding Officers; 

Evidence’’, and subpart L, ‘‘Disclosure 

and Discovery’’ to more logically and 

chronologically group the processes 


asabaliauskas on DSK9F6TC42PROD with PROPOSALS