### 75656 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules

Service Performance Measurements and Customer Satisfaction, May 25, 2010, at 22 (Order No. 465).

2 Docket No. RM2011–1, United States Postal Service Notice of Provisional Partial Withdrawal of Request for Temporary Waiver, November 24, 2010. Alternatively, the Postal Service petitions the Commission to initiate a rulemaking to remove the requirement to report service performance measurement for First-Class Mail Flats at the District level from the Commission’s rules of practice and procedure. See 39 CFR 3055.45(a). Concomitantly, the Postal Service filed a provisional notice of withdrawal from a separate request for a temporary waiver of this reporting requirement. 2 See Docket No. RM2011–

1. Specifically, the Postal Service requests that the Commission grant one of the following extraordinary remedies: (1) Allow a semi-permanent exception for quarterly, district-level reporting of First-Class Mail Flats under 39 CFR 3055.3(a)(1), on the basis of the undue burden that a $4 million measurement cost would impose on the Postal Service’s financial position; (2) allow a semi-permanent exception on an extraordinary basis, not under 39 CFR 3055.3(a)(1), for the same reason; or (3) amend 39 CFR 3055.45(a)(1) and (2) to delete the word ‘‘ District. ’’ Request at 7.

The Commission establishes Docket No. RM2011–4 for consideration ofmatters related to the proposed semipermanent exception from periodic reporting of service performance measurement identified in the Postal Service’s Request.

Interested persons may submit comments on whether the Postal Service’s Request is consistent with the policies of 39 U.S.C. 3652(a)(2) and 39 CFR 3055.3. Comments are due no later than December 14, 2010. The Postal Service’s Request can be accessed via the Commission’s Web site ( http://
www.prc.gov ). The Commission appoints Emmett Rand Costich to serve as Public Representative in the captioned proceedings.

It is ordered : 1. The Commission establishes Docket No. RM2011–4 for consideration of matters raised by the Postal Service’s Request.

2. Comments by interested persons in these proceedings are due no later than December 14, 2010.

3. Pursuant to 39 U.S.C. 505, Emmett Rand Costich is appointed to serve as the officer of the Commission (Public Representative) to represent the interests of the general public in these proceedings. 4. The Secretary shall arrange for publication of this order in the Federal Register

.

By the Commission. Shoshana M. Grove, Secretary.
[FR Doc. 2010–30448 Filed 12–3–10; 8:45 am]

**BILLING CODE 7710–FW–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R01–OAR–2010–0934; A–1–FRL– 9235–2]** 

**Approval and Promulgation of Air Quality Implementation Plans; New**  **Hampshire; Determination of Attainment of the 1997 Ozone Standard** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  The EPA is proposing todetermine that the Boston-ManchesterPortsmouth (SE), New Hampshire moderate 1997 8-hour ozone nonattainment area continues to attain 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 show the area has monitored attainment of the 1997 8-hour ozone NAAQS for the 2007–2009 monitoring period. Preliminary data available through June 15, 2010 also are consistent with continued attainment. In addition, in accordance with the Clean Air Act, EPA is proposing to determine that this area has attained the 1997 ozone NAAQS as of June 15, 2010, its applicable attainment date.

**DATES :**  Written comments must be received on or before January 5, 2011.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number EPA– R01–OAR–2010–0934 by one of the following methods:

1. http://www.regulations.gov: Follow the online instructions for submitting
comments.

2. E-mail: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘ Docket Identification Number EPA–R01–OAR–2010–0934, ’’ 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.

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–2010– 0934. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// 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 http:// www.regulations.gov, or e-mail, information that you consider to be CBI or otherwise protected. The http:// 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 http:// 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 http://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 http:// 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.


### 75657 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules

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 actions is EPA taking? II. What is the effect of these actions? III. What is the background for these actions?

IV. What is EPA’s analysis of the relevant air quality data?

V. Proposed Actions VI. Statutory and Executive Order Reviews I. What actions is EPA taking?

EPA is proposing to determine that the Boston-Manchester-Portsmouth (SE), New Hampshire moderate 8-hour ozone nonattainment area continues to attain 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 2007–2009 monitoring period. Data available through June 15, 2010, in the EPA Air Quality System (AQS) are also consistent with continued attainment. In addition, under section 181(b)(2)(A) of the Clean Air Act (CAA), EPA is proposing to determine that this area has attained the 1997 ozone NAAQS by its applicable attainment date (June 15, 2010).

II. What is the effect of these actions?

Under section 181(b)(2)(A) of the CAA and the provisions of EPA’s ozone implementation rule (see 40 CFR Section 51.902(a)), EPA is proposing to determine that this area has attained the 1997 ozone NAAQS by its applicable attainment date of June 15, 2010. The effect of a final determination of attainment by the area’s attainment date would be to discharge EPA’s obligation under section 181(b)(2)(A), and to establish that, in accordance with that section, the area would not be reclassified for failure to attain by its applicable attainment date. 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.

The further effect of this proposed action is to reaffirm EPA’s prior determination of attainment for this area ( See 73 FR 14387 (March 18, 2004)), and thus, pursuant to 40 CFR. 51.918, to continue the suspension of New Hampshire’s obligation to make certain SIP submissions for this area. III. What is the background for these actions?

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 qualitydata. The Boston-ManchesterPortsmouth (SE), New Hampshire area was designated as a moderate ozone nonattainment area. Subsequently, on March 18, 2008, EPA published in the Federal Register a determination that the area was attaining the 1997 8-hour ozone standard, based on complete, quality-assured and certified data for 2004–2006. ( See 73 FR 14387). That action suspended the obligation for the 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 for so long as the area continues to attain the 1997 ozone NAAQS. 40 CFR 51.918. Complete, certified ozone air quality data for 2007 through 2009, as well as complete, quality-assured, but not yet certified, ozone data available in AQS, throughJune 15, 2010, show that the BostonManchester-Portsmouth (SE), New Hampshire area continues to meet the 1997 8-hour ozone standard. Additional, preliminary ozone data available through September 30, 2010, continues to show this area meets the ozone NAAQS.
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 Air Quality Data System (AQS) database, for Boston-Manchester-Portsmouth (SE), New Hampshire area, from 2007 through 2009. On the basis of its review, EPA proposes to conclude that the area attained the 1997 8-hour ozone standard at the end of the 2009 ozone season,based on 3 years of complete, qualityassured and State-certified 2007–2009 ozone data. Preliminary data available in the EPA Air Quality System, through June 15, 2010 are also consistent with continued attainment.

Under EPA regulations at 40 CFR part 50, the 1997 8-hour ozone standard is attained at a site 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 monitoring site within the area, then the area is meeting the NAAQS. 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 ozoneconcentrations for the BostonManchester-Portsmouth (SE), New Hampshire nonattainment area monitors for the years 2007–2009, and the ozone design values for these same monitors based on 2007–2009.



### TABLE 

### 1—2007–2009 F OURTH 

### -H IGH 

### 8-H OUR 

### AVERAGE 

### O ZONE 

### C ONCENTRATIONS AND 

### 2007–2009 D ESIGN 

### VALUES 

### ( PARTS PER MILLION 

### ) IN THE 

### B OSTON 

### -M ANCHESTER 

### -P ORTSMOUTH 

### (SE), N EW 

### H AMPSHIRE 

### A REA

Location AQS site ID 4th high 2007 4th high 2008 4th high 2009 Design value (07–09)

Manchester .......................................................................... 330110020 0.074 0.064 0.060 0.066


### 75658 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules

TABLE 

### 1—2007–2009 F OURTH 

### -H IGH 

### 8-H OUR 

### AVERAGE 

### O ZONE 

### C ONCENTRATIONS AND 

### 2007–2009 D ESIGN 

### VALUES 

### ( PARTS PER MILLION 

### ) IN THE 

### B OSTON 

### -M ANCHESTER 

### -P ORTSMOUTH 

### (SE), N EW 

### H AMPSHIRE 

### A REA

### —Continued

Location AQS site ID 4th high 2007 4th high 2008 4th high 2009 Design value (07–09)

Nashua ................................................................................. 330111011 0.081 0.067 0.066 0.071 Portsmouth ........................................................................... 330150014 0.078 0.069 0.070 0.072 Rye ....................................................................................... 330150016 0.086 0.075 0.068 0.076

EPA’s review of these data indicates that the Boston-Manchester-Portsmouth (SE), New Hampshire ozone nonattainment area has met the 1997 8- hour ozone NAAQS, based on 2007– 2009 data. EPA believes these data, coupled with preliminary data available through June 15, 2010, indicate that the Boston-Manchester-Portsmouth (SE), New Hampshire area has also attained the standard as of its applicable attainment date of June 15, 2010. Thus, in accordance with CAA section 181(b)(2), EPA is also proposing todetermine that the Boston-ManchesterPortsmouth (SE), New Hampshire area has attained the standard by its applicable attainment date.

EPA is soliciting public comment 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 Actions

EPA is proposing to determine that the Boston-Manchester-Portsmouth (SE), New Hampshire 1997 8-hour ozone moderate nonattainment area continues to attain the 1997 8-hour ozonestandard, based on complete, qualityassured data from 2007 through 2009. Data for 2010 that are available in AQS through June 30, 2010 are consistent with continued attainment. As provided in 40 CFR Section 51.918, if EPA finalizes this determination, the requirements for New Hampshire to submit planning SIPs related to attainment of the 1997 8-hour ozone NAAQS for this area remain suspended, for so long as the area continues to attain the standard. In addition, under section 181(b)(2)(A) of the Clean Air Act and the provisions of EPA’s ozone implementation rule ( see 40 CFR 51.902(a)), EPA is proposing to determine that this area has attained the 1997 ozone NAAQS by its applicable attainment date of June 15, 2010. VI. Statutory and Executive Order Reviews

These actions propose to make determinations of attainment based on air quality, and would, if finalized, result in the continued suspension of certain Federal requirements, and would not impose additional requirements beyond those imposed by State law. For that reason, these proposed actions:

• Are 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);

• Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Are 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. );

• Do 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);

• Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Are 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

• Do 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, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.
Dated: November 24, 2010. Ira W. Leighton, Acting Regional Administrator, EPA New England.
[FR Doc. 2010–30493 Filed 12–3–10; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R10–OAR–2010–0921, FRL–9235–6]**

**Approval and Promulgation of Implementation Plans; Alaska:**  **Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority**  **and Tailoring Rule Revision**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule.

**SUMMARY :**  EPA is proposing to approve a draft revision to the State Implementation Plan (SIP), submitted by the Commissioner of the Alaska Department of Environmental Conservation (ADEC) to EPA on October 25, 2010, for parallel processing. The proposed SIP revision updates Alaska’s Prevention of Significant Deterioration (PSD) program to reflect changes to the Federal PSD program relating to the permitting of greenhouse gas (GHG) emissions. EPA is proposing in this action to approve those revisions if the final SIP revision submitted by Alaska to EPA is consistent with the draft SIP revision.

**DATES :**  Comments must be received on or before January 5, 2011.