Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Rules and Regulations 541 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA)(42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(g), of the 

Instruction, from further environmental 

documentation because it establishes a 

safety zone. 

A draft ‘‘Environmental Analysis 

Check List’’ and a draft ‘‘Categorical 

Exclusion Determination’’ (CED) will be 

available in the docket where indicated 

under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–056 to read as 

follows: 

§ 165.T11–056 Safety Zone; Mission Creek 

Waterway, China Basin, San Francisco Bay, 

California. 

(a) Location. One hundred yards to 

either water-side of the Fourth Street 

Bridge, encompassing the navigable 

waters, from the surface to the sea floor, 

bounded by two lines; one line drawn 

from a point on the north shore of 

Mission Creek [37°46′29′′ N, 122°23′36′′ 

W] extending southeast to a point on the 

opposite shore [37°46′28′′ N, 122°23′34′′ 

W], and the other line drawn from a 

point on the north shore of Mission 

Creek [37°46′34′′ N, 122°23′30′′ W] 

extending southeast to a point on the 

opposite shore [37°46′33′′ N, 122°23′28] 

[Datum: NAD 83]. 

(b) Regulations. In accordance with 

the general regulations in § 165.23, entry 

into, transit through, or anchoring 

within this zone by all vessels is 

prohibited, unless specifically 

authorized by the Captain of the Port 

San Francisco, or his designated 

representative. 

(c) Effective period. The safety zone 

will be in effect from 12:01 a.m. on 

January 1, 2006, to 11:59 p.m. on 

September 1, 2006. If the need for this 

safety zone ends before the scheduled 

termination time, the Captain of the Port 

will cease enforcement of the safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(d) Enforcement. The Captain of the 

Port will enforce this zone and may 

enlist the aid and cooperation of any 

Federal, State, county, or municipal 

agency to assist in the enforcement of 

the regulation. All persons and vessels 

shall comply with the instructions of 

the Coast Guard Captain of the Port, or 

the designated on-scene patrol 

personnel. Patrol personnel comprise 

commissioned, warrant, and petty 

officers of the Coast Guard onboard 

Coast Guard, Coast Guard Auxiliary, 

federal, state, and local law enforcement 

vessels. Upon being hailed by U.S. Coast 

Guard patrol personnel by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. 

Dated: December 21, 2005. 

William J. Uberti, 

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

Port, San Francisco, California. 

[FR Doc. 06–83 Filed 1–4–06; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R05–OAR–2005–IN–0010; FRL–

8019–5] 

Determination of Attainment, Approval 

and Promulgation of Implementation 

Plans and Designation of Areas for Air 

Quality Planning Purposes; Indiana; 

Redesignation of the Vigo County 

Nonattainment Area to Attainment of 

the 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is determining that the 

Vigo County 8-hour ozone 

nonattainment area has attained the 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS). EPA is 

approving a request from the State of 

Indiana, submitted on July 5, 2005 and 

supplemented on October 20, 2005 and 

November 4, 2005, to redesignate Vigo 

County from nonattainment to 

attainment for the 

8-hour ozone NAAQS. EPA’s approval 

of the redesignation request is based on 

the determination that Vigo County and 

the State of Indiana have met the criteria 

for redesignation to attainment set forth 

in the Clean Air Act (CAA), including 

the determination that Vigo County has 

attained the 8-hour ozone standard. In 

conjunction with this approval, EPA is 

approving the State’s plan for 

maintaining the 8-hour ozone NAAQS 

in Vigo County through 2015 as a 

revision to the Indiana State 

Implementation Plan (SIP). EPA also 

finds as adequate and approves the 2015 

Volatile Organic Compounds (VOC) and 

Nitrogen Oxides (NOX) Motor Vehicle 

Emission Budgets (MVEBs) for this area. 

DATES: This rule is effective on February 

6, 2006. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2005–IN–0010. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, 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 at the Environmental Protection 

Agency, Region 5, Air and Radiation 


bjneal on PROD1PC70 with RULES
542 Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Rules and Regulations 

1The 1-hour ozone standard, 0.12 ppm, has been 

replaced by the 8-hour ozone standard, with the 1- 

hour ozone standard being revoked on June 15, 

2005. 

Division, 77 West Jackson Boulevard, 

Chicago, Illinois 60604. This facility is 

open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding 

Federal holidays. We recommend that 

you telephone Steven Rosenthal, 

Environmental Engineer, at (312) 886–

6052 before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Steven Rosenthal, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–6052, 

rosenthal.steven@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

following, whenever ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ are used, we mean the United 

States Environmental Protection 

Agency. 

Table of Contents 

I. What Is the Background for This Rule? 

II. What Comments Did We Receive on the 

Proposed Action? 

III. What Are Our Final Actions? 

IV. Statutory and Executive Order Review 

I. What Is the Background for This 

Rule? 

EPA has determined that ground-level 

ozone is detrimental to human health. 

On July 18, 1997, the EPA promulgated 

an 8-hour ozone NAAQS (62 FR 38856) 

of 0.08 parts per million parts of air 

(0.08 ppm). This standard is violated in 

an area when any ozone monitor in the 

area records an average of the annual 

fourth-highest daily maximum 8-hour 

ozone concentrations equaling or 

exceeding 0.085 ppm over a three-year 

period. Ground-level ozone is not 

emitted directly by sources. Rather, 

emitted VOC and NOX react in the 

presence of sunlight to form groundlevel ozone along with other secondary 

compounds. VOC and NOX are referred 

to as ‘‘ozone precursors.’’

In accordance with section 107(d) of 

the CAA as amended in 1977, EPA 

designated Vigo County as an ozone 

nonattainment area for the 8-hour ozone 

NAAQS based on ozone data collected 

in this area during the 2001–2003 

period. The Federal Register notice 

making this designation was signed on 

April 15, 2004, and was published on 

April 30, 2004 (69 FR 23857). 

The Clean Air Act contains two sets 

of provisions—subpart 1 and subpart 

2—that address planning and emission 

control requirements for nonattainment 

areas (both subparts are found in title I, 

part D of the CAA). Subpart 1 contains 

general, less prescriptive requirements 

for nonattainment areas governed by 

any NAAQS, and applies to all 

nonattainment areas. Subpart 2 contains 

more specific requirements for certain 

ozone nonattainment areas, and applies 

to ozone nonattainment areas classified 

under section 181 of the CAA. 

In the April 30, 2004 ozone 

designation rulemaking, EPA divided 

8-hour ozone nonattainment areas into 

the categories of subpart 1 

nonattainment and subpart 2 

nonattainment based on their 8-hour 

ozone design values (i.e., the three-year 

average annual fourth-highest daily 

maximum 8-hour ozone concentrations 

at the worst-case ozone monitoring sites 

in the designated areas) and their 1-hour 

ozone design values (i.e., the fourthhighest daily maximum 1-hour ozone 

concentrations over the three-year 

period at the worst-case monitoring sites 

in the designated areas).1 8-hour ozone 

nonattainment areas with 1-hour ozone 

design values equaling or exceeding 

0.121 ppm were designated as classified 

nonattainment areas (as nonattainment 

areas required to meet the requirements 

of subpart 2 of the CAA). All other 

8-hour nonattainment areas were 

designated as ‘‘basic’’ nonattainment 

areas subject only to the requirements of 

subpart 1 of the CAA. 

In the April 30, 2004 designation 

rulemaking, Vigo County was 

designated as nonattainment for the 

8-hour ozone standard, and was 

identified as a subpart 1 basic 

nonattainment area. This designation 

was based on ozone data collected in 

Vigo County from the period of 2001–

2003. 

On July 5, 2005, the State of Indiana 

requested redesignation of Vigo County 

to attainment of the 8-hour ozone 

NAAQS based on ozone data collected 

during the period of 2002–2004. This 

request was supplemented with 

submittals dated October 20, 2005 and 

November 4, 2005. This redesignation 

request also included a 10-year ozone 

maintenance plan for Vigo County and 

the VOC and NOX MVEBs for Vigo 

County are based on emission 

projections in the ozone maintenance 

plan. 

On November 23, 2005, EPA 

published a proposed rule (70 FR 

70751), proposing to: (1) Determine that 

Vigo County has attained the 8-hour 

ozone NAAQS and to approve Indiana’s 

request to redesignate Vigo County to 

attainment of the 8-hour ozone NAAQS; 

(2) approve Indiana’s ozone 

maintenance plan for Vigo County; and 

(3) approve the 2015 VOC and NOX

MVEBs for Vigo County and notify the 

public that these MVEBs are adequate 

for purposes of transportation 

conformity. This proposed rule 

established a 30-day public comment 

period. 

II. What Comments Did We Receive on 

the Proposed Action? 

EPA provided a 30-day review and 

comment period on the proposal 

published in the Federal Register on 

November 23, 2005 (70 FR 70751). We 

received no comments on our proposed 

rulemaking. 

III. What Are Our Final Actions? 

EPA is making a determination that 

Vigo County has attained the 8-hour 

ozone NAAQS, and EPA is approving 

the redesignation of Vigo County from 

nonattainment to attainment for the 

8-hour ozone NAAQS. After evaluating 

Indiana’s redesignation request, EPA 

has determined that it meets the 

redesignation criteria set forth in section 

107(d)(3)(E) of the CAA. The final 

approval of this redesignation request 

changes the official designation for Vigo 

County from nonattainment to 

attainment for the 8-hour ozone 

standard. 

EPA is also approving the 

maintenance plan SIP revision for Vigo 

County. Approval of the maintenance 

plan is based on Indiana’s 

demonstration that the plan meets the 

requirements of section 175A of the 

CAA. Additionally, EPA is finding 

adequate and approving the 2015 

MVEBs submitted by Indiana in 

conjunction with the redesignation 

request. 

No comments were received on the 

proposed rule. Therefore, all proposed 

actions are being finalized here. 

IV. Statutory and Executive Order 

Review 

Executive Order 12866: Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action is also not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 


bjneal on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Rules and Regulations 543 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely approves state law 

as meeting federal requirements and 

imposes no additional requirements 

beyond those imposed by state law. 

Redesignation of an area to attainment 

under section 107(d)(3)(E) of the Clean 

Air Act does not impose any new 

requirements on small entities. 

Redesignation is an action that affects 

the status of a geographical area and 

does not impose any new regulatory 

requirements on sources. Accordingly, 

the Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). 

Unfunded Mandates Reform Act 

Because this rule approves preexisting requirements under state law 

and does not impose any additional 

enforceable duty beyond that required 

by state law, it 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). 

Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Executive Order 13132: Federalism 

This action also does not have 

Federalism implications because it does 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Redesignation is an 

action that merely affects the status of 

a geographical area, and does not 

impose any new requirements on 

sources, or allows a state to avoid 

adopting or implementing additional 

requirements, and does not alter the 

relationship or distribution of power 

and responsibilities established in the 

Clean Air Act. 

Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

National Technology Transfer 

Advancement Act 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the state to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Redesignation is an 

action that affects the status of a 

geographical area but does not impose 

any new requirements on sources. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

Environmental Justice 

Executive Order 12898 establishes a 

Federal policy for incorporating 

environmental justice into Federal 

agency actions by directing agencies to 

identify and address, as appropriate, 

disproportionately high and adverse 

human health or environmental effects 

of their programs, policies, and 

activities on minority and low-income 

populations. As explained elsewhere in 

this document (see responses to 

Comments 5 and 9), today’s action is 

designed to prevent violations of the 

health-based national ambient air 

quality standard. It does not result in 

the relaxation of control measures on 

existing sources and therefore will not 

cause emissions increases from those 

sources. Overall, as discussed in 

response to Comments 5 and 9, 

emissions in the area are projected to 

decline following the redesignation. 

Thus, today’s action will not have 

disproportionately high and adverse 

effects on any communities in the area, 

including minority and low-income 

communities. 

Paperwork Reduction Act 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

Congressional Review Act 

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 rule 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). 

Under Section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by March 6, 2006. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 may not 

be challenged later in proceedings to 

enforce its requirements. (See Section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: December 27, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

■ Parts 52 and 81, chapter I, title 40 of 

the Code of Federal Regulations 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. 


bjneal on PROD1PC70 with RULES
544 Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Rules and Regulations 

Subpart P—Indiana 

■ 2. Section 52.777 is amended by 

adding paragraph (dd) to read as 

follows: 

§ 52.777 Control strategy: Photochemical 

oxidants (hydrocarbons). 

* * * * * 

(dd) Approval—On July 5, 2005, 

Indiana submitted a request to 

redesignate Vigo County to attainment 

of the 8-hour ozone National Ambient 

Air Quality Standard. This request was 

supplemented with submittals dated 

October 20, 2005 and November 4, 2005. 

As part of the redesignation request, the 

State submitted a maintenance plan as 

required by section 175A of the Clean 

Air Act. Elements of the section 175 

maintenance plan include a contingency 

plan and an obligation to submit a 

subsequent maintenance plan revision 

in 8 years as required by the Clean Air 

Act. Also included were motor vehicle 

emission budgets for use to determine 

transportation conformity in Vigo 

County. The 2015 motor vehicle 

emission budgets are 2.84 tons per day 

for VOC and 3.67 tons per day for NOX. 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. Section 81.315 is amended by 

revising the entry for Terre Haute, IN: 

Vigo County in the table entitled 

‘‘Indiana Ozone (8–Hour Standard)’’ to 

read as follows: 

§ 81.315 Indiana. 

* * * * * 

INDIANA OZONE (8–HOUR STANDARD) 

Designated area 

Designation a Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Terre Haute, IN: 2/06/06 Attainment ...................... .................... ....................

Vigo County 

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

[FR Doc. 06–72 Filed 1–4–06; 8:45 am] 

BILLING CODE 6560–50–P 


bjneal on PROD1PC70 with RULES