Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 45057 

HMCS BRANDON (NCSM 710) while 

underway in the Puget Sound COTP 

Area of Responsibility (AOR). 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart D, no person or vessel may 

enter or remain in the security zones 

without the permission of the COTP or 

Designated Representative. See 33 CFR 

Part 165, Subpart D, for additional 

requirements. The COTP may be 

assisted by other federal, state or local 

agencies with the enforcement of the 

security zones. 

(c) Authorization. All vessel operators 

who desire to enter the security zones 

must obtain permission from the COTP 

or Designated Representative by 

contacting either the on-scene Coast 

Guard patrol craft on VHF 13 or Ch 16. 

Requests must include the reason why 

movement within the security zones is 

necessary. Vessel operators granted 

permission to enter the security zones 

will be escorted by the on-scene Coast 

Guard patrol craft until they are outside 

of the security zones. 

(d) Enforcement Period. This rule is 

effective from 8 a.m. until 11:59 p.m. on 

August 4, 2010 unless canceled sooner 

by the COTP. 

Dated: July 22, 2010. 

S.W. Bornemann, 

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

Port, Puget Sound. 

[FR Doc. 2010–18945 Filed 7–30–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Docket No. EPA–R02–OAR–2010–0530; 

FRL–9183–9] 

Adequacy Status of Motor Vehicle 

Emissions Budgets in Submitted 

Reasonable Further Progress and 

Attainment Demonstrations for New 

York Portions of New York-Northern 

New Jersey-Long Island and 

Poughkeepsie 8-hour Ozone 

Nonattainment areas for 

Transportation Conformity Purposes; 

NY 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Adequacy. 

SUMMARY: In this notice, EPA is 

notifying the public that we have found 

that the motor vehicle emissions 

budgets for volatile organic compound 

(VOC) and nitrogen oxides (NOX) in the 

submitted reasonable further progress 

state implementation plan for the New 

York portions of the New York-Northern 

New Jersey-Long Island, NY–NJ–CT 8- 

hour ozone nonattainment area, as well 

as the submitted reasonable further 

progress and attainment demonstration 

state implementation plans for the 

Poughkeepsie, New York 8-hour ozone 

nonattainment area, to be adequate for 

transportation conformity purposes. The 

transportation conformity rule requires 

that the EPA conduct a public process 

and make an affirmative decision on the 

adequacy of these budgets before they 

can be used by metropolitan planning 

organizations in conformity 

determinations. As a result of our 

finding, the New York Metropolitan 

Transportation Council (excluding 

Putnam County) must use the submitted 

2008 8-hour ozone budgets for future 

transportation conformity 

determinations, and the Orange County 

Transportation Council, the 

Poughkeepsie-Dutchess Transportation 

Council and the New York Metropolitan 

Transportation Council (Putnam County 

only) must use the submitted 2008 and 

2009 8-hour ozone budgets for future 

transportation conformity 

determinations. 

DATES: This finding is effective August 

17, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Melanie Zeman, Air Programs Branch, 

Environmental Protection Agency— 

Region 2, 290 Broadway, 25th Floor, 

New York, New York 10007–1866, (212) 

637–4022, zeman.melanie@epa.gov. 

The finding and the response to 

comments will be available at EPA’s 

conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 8, 2008, New York State 

submitted reasonable further progress 

and attainment demonstration state 

implementation plans to EPA for its 

portion of the New York-Northern New 

Jersey-Long Island, NY–NJ–CT and 

Poughkeepsie, New York, 8-hour ozone 

nonattainment areas. The purpose of the 

New York State submittal was to 

demonstrate both of the areas progress 

toward attaining the 8-hour ozone 

National Ambient Air Quality Standard. 

The submittal included motor vehicle 

emissions budgets (‘‘budgets’’) for 2008 

and 2009 for the Poughkeepsie 8-hour 

ozone nonattainment area and 2008 

budgets for the New York portion of the 

New York-Northern New Jersey-Long 

Island, NY–NJ–CT nonattainment area 

for use by the State’s metropolitan 

planning organizations in making 

transportation conformity 

determinations. On June 12, 2008, and 

June 2, 2008, respectively, the 

availability of the New York portion of 

the New York-Northern New JerseyLong Island, NY–NJ–CT 8-hour ozone 

nonattainment area and the 

Poughkeepsie, New York 8-hour ozone 

nonattainment area transportation 

conformity budgets were posted on 

EPA’s Web site for the purpose of 

soliciting public comments. The 

adequacy public comment period closed 

for the New York portion of the New 

York-Northern New Jersey-Long Island, 

NY–NJ–CT area budgets on July 14, 

2008, and EPA received no public 

comments. The public comment period 

closed for the Poughkeepsie, New York 

area budgets on July 2, 2008. EPA’s 

response to comments received during 

this period is posted on the EPA 

adequacy Web site listed below. Today’s 

notice is simply an announcement of a 

finding that EPA has already made. EPA 

Region 2 sent a letter to New York State 

Department of Environmental 

Conservation on June 21, 2010. The 

findings letter states that the 2008 motor 

vehicle emissions budgets in New 

York’s SIP submissions for both the 

New York portion of the New YorkNorthern New Jersey-Long Island, NY– 

NJ–CT and Poughkeepsie, New York 8- 

hour ozone nonattainment areas are 

adequate because they are consistent 

with the required rate of progress plan. 

With regard to the 2009 motor vehicle 

emissions budgets, the findings letter 

states that for the Poughkeepsie, New 

York 8-hour ozone nonattainment area, 

these budgets are adequate for 

transportation conformity purposes 

because they are consistent with the 

plan’s demonstration of attainment. 

EPA’s finding will also be announced 

on EPA’s conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/adequacy.htm. 

For informational purposes, EPA 

notes that on April 4, 2008, New York 

submitted to EPA a request for a 

voluntary reclassification of the New 

York-Northern New Jersey-Long Island, 

NY–NJ–CT 8-hour ozone nonattainment 

area from ‘‘moderate’’ to ‘‘serious’’ 

pursuant to section 181(b)(3) of the Act. 

Related to this request, New York 

provided EPA with 2011 and 2012 

motor vehicle emissions budgets. EPA is 

continuing to review New York’s 

request for a voluntary reclassification 

of the New York-Northern New JerseyLong Island, NY–NJ–CT 8-hour ozone 

nonattainment area and therefore is not 

taking action on the 2011 or 2012 

budgets at this time. EPA would take 

action on these budgets at the same time 


erowe on DSK5CLS3C1PROD with RULES
45058 Federal Register / Vol. 75, No. 147 / Monday, August 2, 2010 / Rules and Regulations 

it addresses New York’s request in a 

separate proposed action. 

Transportation conformity is required 

by section 176(c) of the Clean Air Act. 

EPA’s conformity rule requires that 

transportation plans, programs, and 

projects conform to SIPs and establishes 

the criteria and procedures for 

determining whether they conform. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the National 

Ambient Air Quality Standards. 

The criteria by which we determine 

whether a SIP’s motor vehicle emission 

budgets are adequate for conformity 

purposes are specified in 40 CFR 

93.118(e)(4). Please note that an 

adequacy review is separate from EPA’s 

completeness review, and it also should 

not be used to prejudge EPA’s ultimate 

approval of the SIP. Even if we find a 

budget adequate, the SIP could later be 

disapproved. 

EPA has described its process for 

determining the adequacy of submitted 

SIP budgets in 40 CFR 93.118(f). EPA 

has followed this rule in making these 

adequacy determinations. The motor 

vehicle emissions budgets being found 

adequate today are listed in Table 1. 

TABLE 1—8-HOUR OZONE MOTOR VEHICLE EMISSIONS BUDGETS FOR NEW YORK STATE

[Tons per day] 

Nonattainment Area 

2008 2009 

NOX VOC NOX VOC 

New York Portions of New York-Northern New Jersey-Long Island, NY–NJ– 

CT (NYMTC excluding Putnam County) ...................................................... 211.77 148.85 n/a n/a 

Poughkeepsie, NY (PDCTC, OCTC, NYMTC Putnam County only) .............. 32.32 19.22 29.77 17.63 

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. 7401–7671 q. 

Dated: July 20, 2010. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2010–18921 Filed 7–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 2, 25, and 27 

[WT Docket No. 07–293; IB Docket No. 95– 

91; GEN Docket No. 90–357; RM–8610; FCC 

10–82] 

Operation of Wireless 

Communications Services in the 2.3 

GHz Band; Establishment of Rules and 

Policies for the Digital Audio Radio 

Satellite Service in the 2310–2360 MHz 

Frequency Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission amends its rules to enable 

the deployment of mobile broadband 

services in the Wireless 

Communications Services (WCS) while 

limiting the potential for harmful 

interference to satellite radio users, 

aeronautical mobile telemetry (AMT) 

operations, and the Deep Space Network 

(DSN) research facility in Goldstone, 

CA. In addition, the Commission 

establishes enhanced performance 

requirements to ensure that WCS 

licensees use the spectrum intensively 

in the public interest. The Commission 

also adopts technical rules governing 

the operation of Satellite Digital Audio 

Radio Service (SDARS) terrestrial 

repeaters that will not constrain their 

function or deployment but will limit 

the potential for interference to 

adjacent-band WCS spectrum users, a 

blanket licensing regime for repeaters 

operating up to 12 kilowatts (kW) 

average equivalent isotropically radiated 

power (EIRP) that will facilitate their 

deployment, and rules that will ensure 

that SDARS repeaters remain truly 

complementary to a satellite-based 

service and are not used to transmit 

local programming or advertising. 

DATES: Effective September 1, 2010, 

except for amendments to 

§§ 25.144(e)(3), 25.144(e)(8), 

25.144(e)(9), 25.263(b), 25.263(c), 

27.14(p)(7), 27.72(b), 27.72(c), 27.73(a), 

and 27.73(b), which contain information 

collection requirements that are not 

effective until approved by the Office of 

Management and Budget. The 

Commission will publish a document in 

the Federal Register announcing the 

effective dates for those sections. 

FOR FURTHER INFORMATION CONTACT: 

WCS technical information: Thomas 

Derenge, Thomas.Derenge@fcc.gov, 

Mobility Division, Wireless 

Telecommunications Bureau, (202) 418– 

2451. WCS legal information: Richard 

Arsenault, Richard.Arsenault@fcc.gov, 

Mobility Division, Wireless 

Telecommunications Bureau, (202) 418– 

0920. SDARS technical information: 

Chip Fleming, Chip.Fleming@fcc.gov, 

Engineering Branch, Satellite Division, 

International Bureau, (202) 418–1247. 

SDARS legal information: Stephen 

Duall, Stephen.Duall@fcc.gov, Policy 

Branch, Satellite Division, International 

Bureau, (202) 418–1103. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements contained in this 

document, contact Richard Arsenault at 

(202) 418–0920, or via the Internet at 

Richard.Arsenault@fcc.gov and Stephen 

Duall at (202) 418–1103, or via the 

Internet at Stephen.Duall@fcc.gov. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order and Second Report and 

Order, WT Docket No. 07–293, IB 

Docket No. 95–91, GEN Docket No. 90– 

357, RM–8610, FCC 10–82, adopted and 

released on May 20, 2010. The full text 

of this document is available on the 

Commission’s Internet site at 

www.fcc.gov. It is also available for 

inspection and copying during regular 

business hours in the FCC Reference 

Center (Room CY–A257), 445 12th 

Street, SW., Washington, DC 20554. The 

full text of this document also may be 

purchased from the Commission’s 

duplication contractor, Best Copy and 

Printing Inc., Portals II, 445 12th St., 

SW., Room CY–B402, Washington, DC 

20554; telephone (202) 488–5300; fax 

(202) 488–5563; e-mail 

FCC@BCPIWEB.COM. 

Paperwork Reduction Act of 1995 

Analysis 

This document adopts new or revised 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13 (44 

U.S.C. 3501–3520). The requirements 

will be submitted to the Office of 

Management and Budget (OMB) for 


erowe on DSK5CLS3C1PROD with RULES