230 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 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(g); Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Section 117.789 is revised to read 

as follows: 

§ 117.789 Harlem River. 

(a) The draws of all railroad bridges 

across the Harlem River may remain in 

the closed position from the time a train 

scheduled to cross the bridge is within 

five minutes from the bridge, and until 

that train has fully crossed the bridge. 

The maximum time permitted for delay 

shall not exceed ten (10) minutes. Land 

and water traffic should pass over or 

through the draw as soon as possible to 

prevent unnecessary delays in the 

opening and closure of the draw. 

(b)(1) The draws of the bridges at 103 

Street, mile 0.0, 125 Street (Triborough), 

mile 1.3, Willis Avenue, mile 1.5, Third 

Avenue, mile 1.9, Madison Avenue, 

mile 2.3, 145 Street, mile 2.8, Macombs 

Dam, mile 3.2, 207 Street, mile 6.0, and 

the Broadway Bridge, mile 6.8, shall 

open on signal if at least a four-hour 

advance notice is given to the New York 

City Highway Radio (Hotline) Room and 

the Triborough Bridge and Tunnel 

Authority (TBTA) for the 125 Street 

(Triborough), mile 1.3. The draws of the 

above bridges, except the Broadway 

Bridge, need not open for the passage of 

vessel traffic from 6 a.m. to 9 a.m. and 

5 p.m. to 7 p.m., Monday through 

Friday, except federal holidays. The 

draw of the Broadway Bridge need not 

open for the passage of vessel traffic 

from 7 a.m. to 10 a.m. and 4 p.m. to 7 

p.m., Monday through Friday, except 

federal holidays. 

(2) The draws of the Willis Avenue 

Bridge, mile 1.5, Third Avenue Bridge, 

mile 1.9, and the Madison Avenue 

Bridge, mile 2.3, need not open for the 

passage of vessel traffic at various times 

between 8 a.m. and 5 p.m. on the first 

Sunday in May and November. The 

exact time and date of each bridge 

closure will be published in the Local 

Notice to Mariners several weeks prior 

to each closure. 

(c) The draw of the Metro North (Park 

Avenue) Bridge, mile 2.1, shall open on 

signal, except, as provided in paragraph 

(a) of this section, if at least a four-hour 

advance notice is given. The draw need 

not open for the passage of vessel traffic 

from 5 a.m. to 10 a.m. and 4 p.m. to 8 

p.m., Monday through Friday, except 

Federal holidays. 

(d) The draw of the Spuyten Duyvil 

railroad bridge, mile 7.9, shall open on 

signal at all times, except as provided in 

paragraph (a) of this section. 

Dated: July 6, 2009. 

Dale G. Gabel, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. E9–31228 Filed 1–4–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0751–200928; FRL– 

9098–9] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; North Carolina: 

Hickory-Morganton-Lenoir; 

Determination of Attaining Data for the 

1997 Fine Particulate Matter Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

Hickory-Morganton-Lenoir, North 

Carolina, (hereafter referred to as 

‘‘Hickory, North Carolina’’) 

nonattainment area for the 1997 fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standard (NAAQS) 

has attaining data for the 1997 PM2.5

NAAQS. 

DATES: Effective Date: This final rule is 

effective on January 5, 2010. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R04–OAR–2009–0751. 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 Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW,, 

Atlanta, Georgia 30303–8960. 

FOR FURTHER INFORMATION CONTACT: Joel 

Huey, Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Mr. Huey 

may be reached by phone at (404) 562– 

9104 or via electronic mail at 

huey.joel@epa.gov. For information 

relating to the North Carolina State 

Implementation Plan (SIP), please 

contact Nacosta Ward at (404) 562– 

9140. Ms. Ward can also be reached at 

ward.nacosta@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What Action Is EPA Taking? 

II. What Is the Effect of This Action? 

III. When Is This Action Effective? 

IV. What Is EPA’s Final Action? 

V. What Are the Statutory and Executive 

Order Reviews? 

I. What Action Is EPA Taking? 

EPA is determining that the Hickory, 

North Carolina, nonattainment area has 

attaining data for the 1997 PM2.5

NAAQS. This determination is based 

upon quality assured, quality controlled 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 PM2.5 NAAQS 

based on the 2006–2008 data. In 

addition, quality controlled and quality 

assured monitoring data submitted 

during the calendar year 2009, which 

are available in the EPA Air Quality 

System database, but not yet certified, 

indicate that this area continues to meet 

the 1997 PM2.5 NAAQS. 

Other specific requirements of the 

determination and the rationale for 

EPA’s proposed action are explained in 

the notice of proposed rulemaking 

(NPR) published on October 6, 2009 (74 

FR 48863) and will not be restated here. 

The comment period closed on 

November 5, 2009. No public comments 

were received in response to the NPR. 

II. What Is the Effect of This Action? 

This final action, in accordance with 

40 CFR 51.1004(c), suspends the 

requirements for this area to submit 

attainment demonstrations, associated 

reasonably available control measures, 

reasonable further progress plans, 

contingency measures, and other 

planning SIPs related to attainment of 

the 1997 PM2.5 NAAQS as long as this 


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Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations 231 

area continues to meet the 1997 PM2.5

NAAQS. 

III. When Is the Action Effective? 

EPA finds that there is good cause for 

this approval to become effective on the 

date of publication of this action in the 

Federal Register, because a delayed 

effective date is unnecessary due to the 

nature of the approval. The expedited 

effective date for this action is 

authorized under both 5 U.S.C. 

553(d)(1), which provides that rule 

actions may become effective less than 

30 days after publication if the rule 

‘‘grants or recognizes an exemption or 

relieves a restriction’’ and 5 U.S.C. 

553(d)(3), which allows an effective date 

less than 30 days after publication ‘‘as 

otherwise provided by the agency for 

good cause found and published with 

the rule.’’ As noted above, this 

determination of attainment suspends 

the requirements for the Hickory, North 

Carolina, PM2.5 nonattainment area to 

submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and any 

other planning SIPs related to 

attainment of the standard as long as 

this area continues to meet the 1997 

PM2.5 NAAQS. The suspension of these 

requirements is sufficient reason to 

allow an expedited effective date of this 

rule under 5 U.S.C. 553(d)(1). In 

addition, this nonattainment area’s 

suspension from these requirements 

provide good cause to make this rule 

effective on the date of publication of 

this action in the Federal Register, 

pursuant to 5 U.S.C. 553(d)(3). The 

purpose of the 30-day waiting period 

prescribed in 5 U.S.C. 553(d) is to give 

affected parties a reasonable time to 

adjust their behavior and prepare before 

the final rule takes effect. Where, as 

here, the final rule suspends 

requirements rather than imposing 

obligations, affected parties, such as the 

State of North Carolina, do not need 

time to adjust and prepare before the 

rule takes effect. 

IV. What Is EPA’s Final Action? 

EPA is determining that the Hickory, 

North Carolina, nonattainment area has 

attaining data for the 1997 PM2.5

NAAQS. This determination is based 

upon quality assured, quality 

controlled, and certified ambient air 

monitoring data showing that this area 

has monitored attainment of the 1997 

PM2.5 NAAQS during the period 2006– 

2008. This final action, in accordance 

with 40 CFR 51.1004(c), will suspend 

the requirements for this area to submit 

attainment demonstrations, associated 

reasonably available control measures, 

reasonable further progress plans, 

contingency measures, and other 

planning SIPs related to attainment of 

the 1997 PM2.5 NAAQS as long as the 

Area continues to meet the 1997 PM2.5

NAAQS. 

V. What Are Statutory and Executive 

Order Reviews? 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this 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 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. 

B. Submission to Congress and the 

Comptroller General 

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 this action 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). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 8, 2010. 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 action, 

pertaining to the determination of 

attaining data for the 1997 fine 

particulate matter standard for the 

Hickory, North Carolina, PM2.5

nonattainment area, 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, Particulate matter. 

Dated: December 15, 2009. 

J. Scott Gordon, 

Acting Regional Administrator, Region 4. 

■ Accordingly, 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. 


srobinson on DSKHWCL6B1PROD with RULES
232 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Rules and Regulations 

1Although EPA has not in all cases completed 

determinations through notice-and-comment 

rulemaking, current air quality data indicate that a 

number of nonattainment areas classified as Severe 

or Extreme for the 1-hour NAAQS and also 

designated in June 2004 nonattainment for the 1997 

8-hour NAAQS appear to have attained the 1-hour 

NAAQS and/or the 1997 8-hour NAAQS. In this 

notice EPA is not making findings that states failed 

to submit SIP revisions for these areas. These areas 

are: Chicago-Gary-Lake County, IL-IN; MilwaukeeRacine, WI; Philadelphia-Trenton-Wilmington, MDDE-PA-NJ; Ventura County, CA; Metropolitan 

Washington, DC-VA-MD; Baton Rouge, LA; New 

York, NY-NJ-CT; Houston, TX; and Baltimore, MD. 

Subpart II—North Carolina 

■ 2. Section § 52.1781 is amended by 

adding paragraph (f) to read as follows: 

§ 52.1781 Control strategy: Sulfur oxides 

and particulate matter. 

* * * * * 

(f) Determination of Attaining Data. 

EPA has determined, as of January 5, 

2010, the Hickory-Morganton-Lenoir, 

North Carolina, nonattainment area has 

attaining data for the 1997 PM2.5

NAAQS. This determination, in 

accordance with 40 CFR 52.1004(c), 

suspends the requirements for this area 

to submit an attainment demonstration, 

associated reasonably available control 

measures, a reasonable further progress 

plan, contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 1997 PM2.5

NAAQS. 

[FR Doc. E9–31084 Filed 1–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2009–0898; FRL–9099–7] 

Finding of Failure To Submit Certain 

State Implementation Plans Required 

for the 1-Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is taking a final 

action finding that the State of 

California has failed to submit revisions 

to its State Implementation Plans (SIPs) 

for three ozone nonattainment areas to 

satisfy certain requirements of the Clean 

Air Act (CAA) for the 1-hour ozone 

National Ambient Air Quality Standards 

(NAAQS). To accompany this action we 

are issuing additional guidance to states 

on developing the required SIP 

revisions. Under the CAA and EPA’s 

implementing regulations, states with 

1-hour ozone nonattainment areas 

classified as Severe or Extreme were 

required by the provisions of CAA 

sections 181(b)(4) and 182(d)(1)(3) to 

submit by December 31, 2000, SIPs to 

satisfy CAA section 185. By this action, 

EPA is making a finding of failure to 

submit the required SIPs for the State of 

California for three 1-hour ozone 

nonattainment areas. With the issuance 

of additional EPA guidance to states on 

developing section 185 fee program 

SIPs, California will be able to complete 

development and promulgation of these 

programs. According to the CAA, for 

each area subject to this finding, EPA 

must affirmatively find that California 

has submitted the required plan revision 

within 18 months of the effective date 

of this finding, or the offset sanction 

must apply in that area. Additionally, 

according to the CAA, if EPA has still 

not affirmatively determined that a state 

has submitted the required plan for an 

area within 6 additional months, the 

highway funding sanction must apply in 

that area. Lastly, the CAA requires that 

no later than 2 years after the effective 

date of this finding, EPA must 

promulgate a Federal Implementation 

Plan (FIP) if the state has not submitted 

and EPA has not approved the required 

SIP. 

DATES: Effective Date. This action is 

effective on January 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Questions concerning this notice should 

be addressed to: Ms. Denise Gerth, 

Office of Air Quality Planning and 

Standards, Air Quality Policy Division, 

Mail Code: C504–02, 109 TW Alexander 

Drive, Research Triangle Park, NC 

27709, telephone (919) 541–5550, or by 

E-mail at gerth.denise@epa.gov; or Mr. 

Andrew Steckel, Air Rulemaking Office, 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105, telephone 

(415) 947–4115, or by e-mail at 

steckel.andrew@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

A. Statutory Requirements 

B. Consequences of Findings of Failure To 

Submit a SIP 

II. This Action: Areas Receiving a Finding of 

Failure To Submit SIPs 

III. Statutory and Executive Order Reviews 

A. Notice and Comment Under the 

Administrative Procedures Act (APA) 

B. Effective Date Under the Administrative 

Procedures Act 

C. Executive Order 12866: Regulatory 

Planning and Review 

D. Paperwork Reduction Act 

E. Regulatory Flexibility Act (RFA) 

F. Unfunded Mandates Reform Act 

G. Executive Order 13132: Federalism 

H. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

I . Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

J. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

K. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

L. National Technology Transfer and 

Advancement Act 

M. Congressional Review Act 

N. Judicial Review 

I. Background 

The CAA requires states with Severe 

and Extreme ozone nonattainment areas 

to develop a SIP program that provides 

for collecting fees from each major 

stationary source of volatile organic 

compounds (VOC) and nitrogen oxides 

(NOX) for each calendar year following 

a failure to attain the ozone standard by 

the applicable attainment date. Section 

185 fee program SIPs are required for 

any area that was designated as not 

attaining the 1997 8-hour ozone NAAQS 

in June 2004 and that was also classified 

as a Severe or Extreme nonattainment 

area for the 1-hour standard at that time. 

In a decision by the Circuit Court of 

Appeals for the District of Columbia, the 

Court determined that these fee program 

SIPs were required to prevent 

backsliding in the transition from 

implementing the revoked 1-hour 

NAAQS to implementing the 1997 8- 

hour NAAQS (South Coast AQMD v. 

EPA, December 22, 2006). Although 

EPA has not determined through noticeand-comment rulemaking that the areas 

identified in this notice have failed to 

attain the 1-hour ozone NAAQS by their 

statutory attainment dates, current air 

quality data for these areas indicate they 

are violating the 1-hour NAAQS and the 

1997 8-hour NAAQS.1

EPA has been working with states and 

other stakeholders on EPA guidance for 

developing required fee program SIPs, 

including the convening of a group of 

diverse stakeholders through the Clean 

Air Act Advisory Committee (CAAAC). 

On May 15, 2009, CAAAC submitted its 

report to EPA with suggestions and 

issues for consideration in creating 

guidance that would provide flexibility 

to states to develop programs that will 

meet the requirements of section 185 of 

the CAA. In conjunction with this 

action EPA has issued additional 

guidance that will assist California with 

development of its section 185 fee SIPs 

for the affected areas. 

A. Statutory Requirements 

Section 185 of the CAA requires each 

Severe and Extreme ozone 


srobinson on DSKHWCL6B1PROD with RULES