15718 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules 

Bridge and south of Joes Cove that are 

encompassed within the following 

points: Starting at Point 1 in position 

27°12′47′′ N, 80°11′43′′ W; thence 

southeast to Point 2 in position 

27°12′22′′ N, 80°11′28′′ W; thence 

northeast to Point 3 in position 

27°12′35′′ N, 80°11′00′′ W; thence 

northwest to Point 4 in position 

27°12′47′′ N, 80°11′04′′ W; thence 

northeast to Point 5 in position 

27°13′05′′ N, 80°11′01′′ W; thence 

southeast back to origin. All persons 

and vessels, except those persons and 

vessels enforcing the buffer zone, or 

authorized participants or vessels 

transiting to the race area, are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

buffer zone. 

(3) Spectator Area. All waters of 

Indian River located northeast of Ernest 

Lyons Bridge and south of Joes Cove 

that are encompassed within the 

following points: Starting at Point 1 in 

position 27°12′48′′ N, 80°11′43′′ W; 

thence northeast to Point 2 in position 

27°12′55′′ N, 80°11′26′′ W; thence 

southeast to Point 3 in position 

27°12′52′′ N, 80°11′24′′ W; thence 

southwest to Point 4 in position 

27°12′40′′ N, 80°11′39′′ W; thence 

northwest back to origin. All persons are 

prohibited from entering the water or 

swimming in the spectator area. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated areas. 

(c) Regulations. 

(1) Non-participant persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the race area and/or 

buffer zone of the special local regulated 

area unless authorized by Captain of the 

Port Miami or a designated 

representative. All persons are 

prohibited from entering the water or 

swimming in the spectator area. Nonparticipant persons and vessels may 

request authorization to enter, transit 

through, anchor in, or remain within the 

race area and/or buffer zone of the 

special local regulated area by 

contacting the Captain of the Port Miami 

by telephone at 305–535–4472, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port 

Miami or a designated representative, 

all persons and vessels receiving such 

authorization must comply with the 

instructions of the Captain of the Port 

Miami or a designated representative. 

(2) The Coast Guard will provide 

notice of the special local regulation by 

Local Notice to Mariners, Broadcast 

Notice to Mariners, and on-scene 

designated representatives. 

(d) Effective Date. This rule will be 

enforced from 8 a.m. until 5 p.m. daily 

from May 16, 2014 through May 18, 

2014. 

Dated: March 5, 2014. 

A.J. Gould, 

Captain, U.S. Coast Guard, Captain of the 

Port Miami. 

[FR Doc. 2014–06272 Filed 3–20–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0814 & EPA–R04– 

OAR–2012–0692; FRL–9908–43–Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Infrastructure Requirement (Visibility) 

for the 1997 and 2006 PM, and 2008 8- 

Hour Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On April 18, 2008, and 

September 23, 2009, the Environmental 

Protection Agency (EPA) received state 

implementation plan (SIP) submissions 

from the State of Florida, through the 

Florida Department of Environmental 

Protection (FDEP), regarding the 

infrastructure elements for the 1997 

annual Fine Particulate Matter (PM2.5) 

National Ambient Air Quality Standards 

(NAAQS) and 2006 24-hour PM2.5

NAAQS, respectively. On October 31, 

2012, EPA received a SIP submission 

from FDEP regarding the infrastructure 

elements for the 2008 8-hour ozone 

NAAQS. Additionally, on October 22, 

2013, FDEP supplemented the three 

aforementioned infrastructure SIP 

submissions. EPA is proposing to 

approve the elements of these 

infrastructure SIP submissions, as 

supplemented on October 22, 2013, as 

they relate to the protection of visibility 

in other states. 

DATES: Written comments must be 

received on or before April 21, 2014. 

ADDRESSES: Submit your comments 

related to the 1997 and 2006 PM2.5 SIP 

submissions, identified by Docket ID 

No. EPA–R04–OAR–2012–0814, and 

related to the 2008 8-hour ozone SIP 

submission, identified by Docket ID No. 

EPA–R04–OAR–2012–0692, by one of 

the following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-Mail: R4-RDS-epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2012– 

0814,’’ for the 1997 and 2006 PM2.5 SIP 

submissions or ‘‘EPA–R04–OAR–2012– 

0692’’ for the 2008 8-hour ozone SIP 

submission, 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. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, 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. 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 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2012– 

0814 for the 1997 and 2006 PM2.5 SIP 

submissions, or to Docket ID No. EPA– 

R04–OAR–2012–0692 for the 2008 8- 

hour ozone SIP submission. 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 email, 

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 email comment directly 

to EPA without going through 

www.regulations.gov, your email 

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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules 15719 

1 77 FR 71111 (November 29, 2012); 78 FR 53250 

(August 29, 2013). 

2 40 CFR 51.308(d). 

3See, e.g., 40 CFR 51.308(d)(3)(ii). Florida 

participated in the Visibility Improvement State 

and Tribal Association of the Southeast (VISTAS) 

regional planning organization, a collaborative 

effort of state governments, tribal governments, and 

various Federal agencies established to initiate and 

coordinate activities associated with the 

management of regional haze, visibility, and other 

air quality issues in the Southeastern United States. 

Member state and tribal governments included: 

Alabama, Florida, Georgia, Kentucky, Mississippi, 

North Carolina, South Carolina, Tennessee, 

Virginia, West Virginia, and the Eastern Band of the 

Cherokee Indians. 

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. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

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 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. 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 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman or Nacosta Ward, 

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. 

Lakeman can be reached via electronic 

mail at lakeman.sean@epa.gov or via 

telephone at (404) 562–9043. Ms. Ward 

can be reached via electronic mail at 

ward.nacosta@epa.gov or via telephone 

at (404) 562–9140. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 18, 1997 (62 FR 38652), EPA 

established an annual PM2.5 NAAQS of 

15.0 micrograms per cubic meter (mg/

m3), based on a 3-year average of annual 

mean PM2.5 concentrations, and a 24- 

hour NAAQS of 65 mg/m3. On October 

17, 2006 (71 FR 61144), EPA retained 

the 1997 annual PM2.5 NAAQS at 15.0 

mg/m3 based on a 3-year average of 

annual mean PM2.5 concentrations and 

promulgated a new 24-hour NAAQS of 

35 mg/m3 based on a 3-year average of 

the 98th percentile of 24-hour 

concentrations. On March 27, 2008 (77 

FR 16436), EPA revised the 8-hour 

ozone NAAQS to 0.075 parts per 

million. By statute, SIPs meeting the 

requirements of sections 110(a)(1) and 

(2) are to be submitted by states within 

three years after promulgation of a new 

or revised NAAQS. Sections 110(a)(1) 

and (2) require states to address basic 

SIP requirements, including emissions 

inventories, monitoring, and modeling 

to assure attainment and maintenance of 

the NAAQS. 

EPA received Florida’s infrastructure 

submissions on April 18, 2008, for the 

1997 annual PM2.5 NAAQS; on 

September 23, 2009, for the 2006 24- 

hour PM2.5 NAAQS; and on October 31, 

2012, for the 2008 8-hour ozone 

NAAQS. The rulemaking proposed 

through today’s action only addresses 

section 110(a)(2)(D)(i) visibility 

requirements. Florida supplemented its 

September 23, 2009, submission on 

April 18, 2011, to further address the 

required elements of sections 

110(a)(2)(D)(i) and 110(a)(2)(D)(ii), and 

it supplemented the April 18, 2008, 

September 23, 2009, and October 31, 

2012, submissions on October 23, 2013, 

stating that Florida has met the section 

110(a)(2)(D)(ii) visibility requirements 

for the 1997 annual PM2.5 NAAQS, 2006 

24-hour PM2.5 NAAQS, and 2008 8-hour 

ozone NAAQS through EPA’s approval 

of the State’s regional haze SIP 

submission and incorporation of all 

relevant portions of Florida’s visibility 

program into the State’s implementation 

plan. 

II. What are states required to address 

under Section 110(a)(2)(D)? 

Section 110(a)(2)(D) has two 

components: 110(a)(2)(D)(i) and 

110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) 

includes four distinct elements, 

commonly referred to as ‘‘prongs,’’ that 

must be addressed in infrastructure SIP 

submissions. The first two prongs, 

which are codified in section 

110(a)(2)(D)(i)(I), prohibit any source or 

other type of emissions activity in one 

state from contributing significantly to 

nonattainment of the NAAQS in another 

state (‘‘prong 1’’) and from interfering 

with maintenance of the NAAQS in 

another state (‘‘prong 2’’). The third and 

fourth prongs, which are codified in 

section 110(a)(2)(D)(i)(II), prohibit 

emissions activity in one state from 

interfering with measures required to 

prevent significant deterioration of air 

quality in another state (‘‘prong 3’’) and 

to protect visibility in another state 

(‘‘prong 4’’). Section 110(a)(2)(D)(ii) 

requires SIPs to include provisions 

ensuring compliance with sections 115 

and 126 of the Act relating to interstate 

and international pollution abatement. 

Today’s proposed rulemaking pertains 

only to requirements related to prong 4 

of section 110(a)(2)(D)(i)(II), which as 

previously described, requires that the 

SIP contain adequate provisions to 

protect visibility in other states. EPA’s 

rationale for today’s proposal that 

Florida is meeting these prong 4 

requirements for purposes of the 1997 

annual PM2.5 NAAQS, 2006 24-hour 

PM2.5 NAAQS, and 2008 8-hour ozone 

NAAQS is provided below. 

III. What is EPA’s analysis of how 

Florida addressed the Section 

110(a)(2)(D)(i)(II) Visibility Element? 

EPA has made the preliminary 

determination that Florida’s 

infrastructure SIP submissions for the 

1997 annual PM2.5 NAAQS, 2006 24- 

hour PM2.5 NAAQS, and 2008 8-hour 

ozone NAAQS meet the requirements of 

prong 4 of section 110(a)(2)(D)(i)(II) 

because the Agency has approved 

Florida’s regional haze SIP,1 and Florida 

has confirmed, through its October 22, 

2013, supplement to its SIP 

submissions, that it has met the prong 

4 requirements of section 110(a)(2)(D)(ii) 

for these NAAQS through EPA’s 

approval of the State’s regional haze SIP 

submission and incorporation of all 

relevant portions of Florida’s visibility 

program into the State’s implementation 

plan. Federal regulations require that a 

state’s regional haze SIP contain a longterm strategy to address regional haze 

visibility impairment in each Class I 

area within the state and each Class I 

area outside the state that may be 

affected by emissions from the state.2 A 

state participating in a regional planning 

process, such as Florida, must include 

all measures needed to achieve its 

apportionment of emissions reduction 

obligations agreed upon through that 

process.3 EPA’s approval of Florida’s 

regional haze SIP therefore ensures that 

emissions from Florida are not 

interfering with measures to protect 

visibility in other states, satisfying the 

requirements of prong 4 of section 

110(a)(2)(D)(i)(II) for the 1997 and 2006 

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15720 Federal Register / Vol. 79, No. 55 / Friday, March 21, 2014 / Proposed Rules 

4See EPA’s September 13, 2013, guidance 

document entitled ‘‘Guidance on Infrastructure 

State Implementation Plan (SIP) Elements under 

Clean Air Act Sections 110(a)(1) and 110(a)(2)’’ at 

pp. 32–35, available at: http://www.epa.gov/air/

urbanair/sipstatus/infrastructure.html; see also 

memorandum from William T. Harnett, Director, 

Air Quality Policy Division, Office of Air Quality 

Planning and Standards, to Regional Air Division 

Directors, entitled ‘‘Guidance on SIP Elements 

Required Under Sections 110(1)(1) and (2) for the 

2006 24-Hour Fine Particle (PM2.5) National 

Ambient Air Quality Standards (NAAQS)’’ 

(September 25, 2009) at pp. 5–6, available at: http://

www.epa.gov/ttn/caaa/t1/memoranda/ 

20090925_harnett_pm25_sip_110a12.pdf. 

PM2.5 NAAQS and for the 2008 8-hour 

ozone NAAQS.4

IV. Proposed Action 

As described above, EPA is proposing 

to approve the infrastructure SIP 

submissions from FDEP as addressing 

prong 4 of section 110(a)(2)(D)(i)(II) of 

the CAA for the 1997 and 2006 PM2.5

NAAQS and for the 2008 8-hour ozone 

NAAQS. Specifically, EPA is proposing 

to approve FDEP’s April 18, 2008, and 

September 23, 2009, submissions for the 

1997 and 2006 PM2.5 NAAQS, and 

FDEP’s October 31, 2011, submission for 

the 2008 8-hour ozone NAAQS, as 

supplemented on October 22, 2013, as 

they pertain to prong 4 of section 

110(a)(2)(D)(i)(II) because they are 

consistent with section 110 of the CAA. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 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 proposed 

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 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 

• 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, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: March 10, 2014. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2014–06225 Filed 3–20–14; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS