74000 Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations 

1The submittal was supplemented by technical 

amendments on February 14, 2011, May 16, 2011, 

and June 6, 2011. All submitted documents are in 

the docket for this rulemaking. 2On September 22, 2011, EPA moved ahead to 

implement the 2008 8-hour ozone standard of 0.075 

ppm. Memorandum from Gina McCarthy to Air 

Division Directors, Regions 1–10. EPA will continue 

to work with the state to implement this new 

standard. 

This deviation is effective from 

December 15, 2011 until January 17, 

2012. 

Coordination will be through Public 

Notice and Local Notice to Mariners 

upon date of publication in the Federal 

Register. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35. 

Dated: November 3, 2011. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2011–30636 Filed 11–29–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R06–OAR–2010–0776; FRL–9498–2] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning; 

Louisiana; Baton Rouge Area: 

Redesignation to Attainment for the 

1997 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve the State of Louisiana’s request 

to redesignate the Baton Rouge, 

Louisiana moderate 1997 8-hour ozone 

nonattainment area to attainment of the 

1997 8-hour ozone standard. As a part 

of this action, EPA is also approving, as 

a revision to the Louisiana State 

Implementation Plan (SIP), the state’s 

1997 8-hour ozone maintenance plan 

with a 2022 Motor Vehicle Emissions 

Budget (MVEB) for the Baton Rouge 

Nonattainment Area (BRNA or BR), 

revisions to the Louisiana SIP that meet 

the Reasonably Available Control 

Technology (RACT) requirements (for 

nitrogen oxides (NOX) and volatile 

organic compounds (VOCs)) for the 

1-hour and 1997 8-hour ozone standard 

requirements, and a state rule 

establishing a maintenance plan 

contingency measure. EPA finds that 

with this final approval the area has a 

fully approved SIP that meets all of its 

applicable 1997 8-hour ozone 

requirements and 1-hour antibacksliding requirements under section 

110 and Part D of the Federal Clean Air 

Act (CAA or Act) for purposes of 

redesignation. 

DATE: This rule is effective December 30, 

2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R06–OAR– 

2010–0776. 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 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 Air Planning Section, Air Planning 

Branch, Multimedia Planning and 

Permitting Division, U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733. 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 is Monday 

through Friday, 8:30 to 4:30, excluding 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7367; fax number 

(214) 665–7263; email address 

rennie.sandra@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means EPA. 

Table of Contents 

I. What is the background for this rule? 

II. What comments did we receive on the 

proposed rule? 

III. What actions is EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this rule? 

The background for today’s action is 

discussed in detail in EPA’s August 30, 

2011, proposal to approve Louisiana’s 

redesignation request (76 FR 53853). In 

that proposed action, we noted that, 

under EPA regulations at 40 CFR part 

50, the 1997 8-hour ozone standard is 

attained when the three-year average of 

the annual fourth-highest daily 

maximum 8-hour average ozone 

concentrations is less than or equal to 

0.08 parts per million (ppm) (see 69 FR 

23858, April 30, 2004, for more 

information). Under the CAA, EPA may 

redesignate a nonattainment area to 

attainment if sufficient complete, 

quality-assured data are available to 

determine that the area has attained the 

standard and if it meets the other CAA 

redesignation requirements in section 

107(d)(3)(E). 

The LDEQ, on August 31, 2010, 

submitted a request 1 to redesignate the 

Baton Rouge area to attainment for the 

1997 8-hour ozone standard. EPA has 

previously determined that the BRNA 

ozone nonattainment area attained both 

the 1997 8-hour and 1-hour ozone 

standards. The EPA determined that the 

BRNA had attained the 1997 8-hour 

ozone standard on September 8, 2010, at 

75 FR 54779. Complete, quality-assured 

monitoring data for 2006–2010 also 

show that the area continues to attain 

the 1997 8-hour ozone standard. EPA 

also determined that the BR area met the 

1-hour ozone standard on February 10, 

2010 (75 FR 6570). This determination 

was also based on complete, qualityassured, and certified ambient air 

quality monitoring data for the 2006– 

2008 ozone seasons, as well as certified 

data for 2009 and 2010 that indicate the 

area continues to attain the 1-hour 

ozone NAAQS. Preliminary data 

available for the 2011 ozone season 

indicate that the area continues to be in 

attainment for both ozone standards.2

Our proposed rule and Technical 

Support Document provide a detailed 

analysis of how Louisiana met the 

redesignation requirements and other 

CAA requirements. The state’s Control 

Techniques Guidelines rule upon which 

this action depends, was signed on 

November 7, 2011, and will be 

published in a separate rulemaking. 

Implementation of Reformulated 

Gasoline (RFG) in the Baton Rouge 5- 

parish area remains stayed by court 

order. Implementation of RFG is not 

required for purposes of redesignation. 

II. What comments did we receive on 

the proposed rule? 

EPA provided a 30-day review and 

comment period, which closed on 

September 29, 2011. EPA received 3 

comment letters in response to the 

proposed rulemaking, submitted on 

behalf of the Louisiana Chemical 

Association, Louisiana Mid-Continent 

Oil and Gas Association, and the Baton 

Rouge Area Chamber of Commerce, that 

expressed overall support for EPA’s 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations 74001 

proposed approval to redesignate the BR 

ozone nonattainment area to attainment 

for the 1997 8-hour ozone standard. The 

comment letters are available for review 

in the docket for this rulemaking. 

III. What actions is EPA taking? 

EPA is taking final action to approve 

several related actions under the Act for 

the BR ozone nonattainment area, 

consisting of Ascension, East Baton 

Rouge, Iberville, Livingston, and West 

Baton Rouge Parishes. Consistent with 

the Act, EPA is taking final action to 

approve a request from the state of 

Louisiana to redesignate the BRNA to 

attainment of the 1997 8-hour ozone 

standard. 

EPA is taking final action to approve 

into the SIP, as meeting section 175A 

and 107(d)(3)(E)(iv) of the Act, 

Louisiana’s maintenance plan for the BR 

area for the 1997 8-hour ozone NAAQS. 

The maintenance plan shows 

maintenance of the standard through 

2022. Additionally, EPA has found 

adequate and is approving the 2022 

MVEBs for NOX and VOC. The 

submitted NOX and VOC MVEB for the 

BR area is defined in Table 1 below. 

TABLE 1—NOX AND VOC MVEB 

[Summer season tons per day] 

Pollutant 2022 

NOX .................................................. 6.96 

VOC .................................................. 7.55 

We are also taking final action to 

approve a contingency measure for the 

maintenance plan. 

Consequently, EPA is taking final 

action to approve the State’s request to 

redesignate the area from nonattainment 

to attainment for the 1997 8-hour ozone 

NAAQS. After evaluating Louisiana’s 

redesignation request, EPA has 

determined that with this final approval 

of the above-identified SIP elements and 

the maintenance plan, the area meets 

the redesignation criteria set forth in 

section 107(d)(3)(E) and section 175A of 

the Act. The final approval of this 

redesignation request changes the 

official designation in 40 CFR part 81 

for the BR area from nonattainment to 

attainment for the 1997 8-hour ozone 

standard. 

We find that the BR area meets all the 

applicable CAA requirements for 

purposes of redesignation of the 1997 

8-hour standard that includes all of the 

antibacksliding CAA requirements for 

the BR 1-hour severe ozone 

nonattainment area. Therefore, along 

with this final redesignation to 

attainment for the 1997 8-hour ozone 

standard and our previous 

determination of attainment of the 1- 

hour ozone standard, the 1-hour antibacksliding obligations to submit 

planning SIPs to meet the attainment 

demonstration reasonably available 

control measures (RACM) requirements, 

ROP and contingency measures 

requirements, cease to apply. In 

addition, after final redesignation to 

attainment for the 1997 8-hour ozone 

standard, EPA does not require the 

continued application of nonattainment 

New Source Review. Louisiana’s 

Prevention of Significant Deterioration 

(PSD) program can apply in the Baton 

Rouge area so long as Louisiana 

interprets its SIP as applying PSD to the 

BRNA in these circumstances. As we 

noted in the proposal, Louisiana’s PSD 

program will become effective in BRNA 

upon redesignation to attainment unless 

a SIP revision is necessary; then it must 

adopt and submit that to EPA for action. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, 

redesignation of an area to attainment 

and the accompanying approval of a 

maintenance plan under section 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by State law. A redesignation 

to attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the Clean Air 

Act for areas that have been 

redesignated to attainment. Moreover, 

the Administrator is required to approve 

a SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, these actions merely do 

not impose additional requirements 

beyond those imposed by State law and 

the Clean Air Act. For that reason, these 

actions: 

• Are not ‘‘significant regulatory 

actions’’ 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 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); 

• Are 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 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. 

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). 

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 December 20, 

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 


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74002 Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations 

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, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Nitrogen dioxide, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: November 7, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

40 CFR parts 52 and 81 are 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. 

Subpart T—Louisiana 

■ 2. Section 52.970 is amended as 

follows: 

■ a. The table in paragraph (c) entitled, 

‘‘EPA Approved Louisiana Regulations 

in the Louisiana SIP’’ is amended under 

Chapter 22, Control of Emissions of 

Nitrogen Oxides (NOX), by adding a new 

entry for Section 2201, and, 

immediately following the entry for 

Section 2201.H.3, by adding a new entry 

for Section 2202; 

■ b. The second table in paragraph (e) 

entitled, ‘‘EPA-Approved Louisiana 

Nonregulatory Provisions and QuasiRegulatory Measures’’ is amended by 

adding a new entry at the end. 

The additions read as follows: 

§ 52.970 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP 

State citation Title/subject State approval 

date EPA approval date Comments 

*******

Chapter 22—Control of Emissions of Nitrogen Oxides (NOX) 

Section 2201 ........................ Affected Facilities in the Baton 

Rouge Nonattainment Area and 

the Region of Influence.

1/20/2010 11/30/11, [Insert FR page 

number where document 

begins].

Revisions to Section 2201 

approved in the Louisiana 

Register January 20, 2010 

(LR 36:60). 

* * * * * * * 

Section 2202 ........................ Contingency Plan .......................... 1/20/2010 11/30/11, [Insert FR page 

number where document 

begins].

Section 2202 approved in 

the Louisiana Register 

January 20, 2010 (LR 

36:63). 

* * * * * * * 

(e) * * * 

* * * * * 

EPA-APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES

Name of SIP 

provision 

Applicable 

geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

Baton Rouge Ozone Nonattainment 

Area Redesignation Request and 

Maintenance Plan.

Baton Rouge, LA ................................ 8/31/2010 11/30/11, [Insert FR page number where document begins]. 

■ 3. Section 52.977 is amended by 

adding paragraph (d) to read as follows: 

§ 52.977 Control strategy and regulations: 

Ozone. 

* * * * * 

(d) Redesignation for the 1997 8-hour 

Ozone Standard. Effective December 30, 

2011, EPA has redesignated the Baton 

Rouge area to attainment for the 1997 8- 

hour ozone standard. With this final 

redesignation to attainment for the 1997 

8-hour ozone NAAQS and the final 

determination of attainment for the 1- 

hour ozone NAAQS in paragraph (a) of 

this section, the 1-hour anti-backsliding 

obligations to submit planning SIPs to 

meet the attainment demonstration and 

reasonably available control measures 

requirements, the rate of progress and 

contingency measures requirements, 

and any other outstanding 1-hour 

requirements, cease to apply. 

PART 81—[AMENDED] 

■ 4. The authority citation for part 81 

continues to read as follows: 

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

■ 5. In § 81.319, the table entitled, 

‘‘Louisiana—Ozone (8-Hour Standard)’’ 


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Federal Register / Vol. 76, No. 230 / Wednesday, November 30, 2011 / Rules and Regulations 74003 

is amended by: revising the entries for 

Baton Rouge Area; and adding a new 

footnote 2 at the end of the table. 

The revisions and addition read as 

follows: 

§ 81.319 Louisiana. 

* * * * * 

LOUISIANA—OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

Baton Rouge Area: 

Ascension Parish ...................................................... (2) Attainment. 

East Baton Rouge Parish ......................................... (2) Attainment. 

Iberville Parish ........................................................... (2) Attainment. 

Livingston Parish ....................................................... (2) Attainment. 

West Baton Rouge Parish ........................................ (2) Attainment. 

* * * * * * * 

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

2Effective December 30, 2011. 

* * * * * 

[FR Doc. 2011–30785 Filed 11–29–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 090508897–1635–03] 

RIN 0648–AX85 

Atlantic Highly Migratory Species; 

Adjustments to the Atlantic Bluefin 

Tuna General and Harpoon Category 

Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is adjusting the 

Atlantic bluefin tuna (BFT) fishery 

regulations to: Increase the General 

category maximum daily retention limit; 

allow the General category season to 

remain open until the January subquota 

is reached, or March 31, whichever 

happens first; and increase the Harpoon 

category daily incidental retention limit. 

This action is intended to enable more 

thorough utilization of the available 

U.S. BFT quota for the General and 

Harpoon (commercial handgear) 

categories; minimize bycatch and 

bycatch mortality to the extent 

practicable; expand fishing 

opportunities for participants in the 

commercial winter General category 

fishery; and increase NMFS’ flexibility 

for setting the General category 

retention limit depending on available 

quota. 

DATES: This rule is effective December 

30, 2011, except for § 635.23(a)(4) and 

§ 635.27(a)(1)(i)(A), which are effective 

November 30, 2011. 

ADDRESSES: Supporting documents, 

including the Environmental 

Assessment, Regulatory Impact Review, 

and Final Regulatory Flexibility 

Analysis (EA/RIR/FRFA), are available 

from Sarah McLaughlin, Highly 

Migratory Species (HMS) Management 

Division, Office of Sustainable Fisheries 

(F/SF1), NMFS, 55 Great Republic 

Drive, Gloucester, MA 01930. These 

documents and others, such as the 

Fishery Management Plans described 

below, also may be downloaded from 

the HMS Web site at 

www.nmfs.noaa.gov/sfa/hms/. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Tom Warren, (978) 

281–9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

tunas are managed under the dual 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

ATCA requires the Secretary of 

Commerce (Secretary) to promulgate 

regulations, as may be necessary and 

appropriate, to implement 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). The authority 

to issue regulations under the 

Magnuson-Stevens Act and ATCA has 

been delegated from the Secretary to the 

Assistant Administrator for Fisheries, 

NMFS. 

Background 

Background information about the 

need for amendment of the regulations 

regarding the BFT General category 

maximum daily retention limit, General 

category season, and Harpoon category 

daily incidental retention limit was 

provided in the preamble to the 

proposed rule (74 FR 57128, November 

4, 2009) and is not repeated here. 

At the proposed rulemaking stage in 

2009, the proposed rule was titled 

‘‘Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Season and 

Retention Limit Adjustments.’’ As the 

rule has evolved through the notice and 

comment process, NMFS has 

determined that keeping the proposed 

rule title at this stage would confuse the 

regulated public; therefore, to clarify the 

purpose and content of the rulemaking, 

NMFS has changed the title of the rule 

to ‘‘Atlantic Highly Migratory Species; 

Adjustments to the Atlantic Bluefin 

Tuna General and Harpoon Category 

Regulations.’’ Any changes to the rule’s 

provisions that were made between the 

proposed and final rule are discussed in 

depth below. 

NMFS extended the original 45-day 

comment period on the proposed rule 

through March 31, 2010, based on 

public, Congressional, and nongovernmental organization requests for 

NMFS to wait to complete any related 

final rulemaking until after the March 

2010 meeting regarding the Convention 

on the International Trade in 

Endangered Species of Wild Flora and 

Fauna, and until the 2010 publication of 

new research. 

NMFS delayed issuing a final rule 

pending a new ICCAT BFT stock 

assessment and subsequent ICCAT 

recommendation on BFT conservation 

and management in 2010, as well as the 

decision on a May 2010 petition to list 

BFT as threatened or endangered under 

the Endangered Species Act (ESA). In 

May 2011, NMFS determined that 

listing BFT as threatened or endangered 

under the ESA was not warranted, but 

listed BFT as a species of concern. 

NMFS will revisit the status of BFT 

under the ESA in 2013. Because the 


tkelley on DSK3SPTVN1PROD with RULES