Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations 65625 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have Tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing temporary security zone, as 

described in paragraph 34(g) of the 

Instruction that will be enforced for a 

total of 8 hours. This rule is 

categorically excluded, under figure 2– 

1, paragraph (34)(g), of the Commandant 

Instruction. An environmental analysis 

checklist and categorical exclusion 

determination supporting this 

determination are 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, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add a temporary § 165.T07–0922 to 

read as follows: 

§ 165.T07–0922 Security Zones; USCGC 

WILLIAM FLORES Commissioning 

Ceremony, Ybor Channel; Tampa, FL. 

(a) Regulated Areas. The following 

regulated area is a security zone: all 

waters of Ybor Channel encompassed by 

a 250-yard radius around USCGC 

WILLIAM FLORES at Channelside 

Cruise Terminal 3 in the Port of Tampa, 

located in position 27°56.598′ N, 

082°26.724′ W. All coordinates are 

North American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard boat coxswains, petty officers, 

and other officers operating Coast Guard 

vessels, and Federal, state, and local 

officials designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels desiring to enter or remain 

within the regulated area may contact 

the Captain of the Port St. Petersburg by 

telephone at (727) 824–7524, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

(2) If authorization to enter or remain 

within the regulated area is granted by 

the Captain of the Port St. Petersburg or 

a designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port St. Petersburg or 

a designated representative. 

Recreational vessels authorized to enter 

the regulated area may be subject to 

boarding and inspection of the vessel 

and persons onboard. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective date. This rule is 

effective and will be enforced from 8 

a.m. through 4 p.m. on November 3, 

2012. 

Dated: October 18, 2012. 

S.L. Dickinson, 

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

Port. 

[FR Doc. 2012–26604 Filed 10–29–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Determination of 

Attainment of the One-Hour Ozone 

Standard for the Portsmouth-DoverRochester and Manchester Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is making four 

separate and independent air quality 

determinations for two areas in New 

Hampshire. First, EPA is determining 

that the Portsmouth-Dover-Rochester, 

New Hampshire serious one-hour ozone 

nonattainment area met the applicable 

deadline of November 15, 1999, for 

attaining the revoked one-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. Second, EPA is determining 

that the Portsmouth-Dover-Rochester 

area has attained the one-hour ozone 

standard since 1999, and continues to 

attain the standard. Third, with respect 

to the Manchester, New Hampshire 

marginal one-hour ozone nonattainment 

area, EPA is determining that the area 

attained the one-hour ozone NAAQS by 

the applicable deadline of November 15, 

1993. Fourth, with respect to the 

Manchester area, EPA is determining 

that the area has attained the one-hour 

ozone NAAQS since 1993, and 

continues to attain the standard. 

DATES: This rule is effective on 

November 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2012–0229. All documents in the docket 

are listed on the www.regulations.gov 

Web site. 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 through 

www.regulations.gov or in hard copy at 

the Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 


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65626 Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact 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, email 

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? 

A. Portsmouth-Dover Rochester Area 

B. Manchester Area 

II. What is the effect of these actions? 

III. Final Actions 

IV. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

A. Portsmouth-Dover-Rochester Area 

EPA is making two separate and 

independent final determinations for 

the Portsmouth-Dover-Rochester serious 

one-hour ozone nonattainment area 

(hereafter, ‘‘the Portsmouth area’’). EPA 

is determining that the Portsmouth area 

attained the revoked one-hour ozone 

NAAQS by the applicable deadline of 

November 15, 1999. This determination 

is based upon complete, quality-assured 

and certified air quality monitoring data 

for the 1997–1999 ozone seasons 

showing that the area had an expected 

ozone exceedance rate below the level 

of the now revoked one-hour ozone 

NAAQS during that period and 

therefore attained the standard by its 

applicable deadline. EPA is also 

determining that the Portsmouth area 

has attained the standard based on 

complete, certified and quality-assured 

ozone monitoring data since 1999, and 

that it continues to attain the standard 

based on the most recent three years of 

complete, quality-assured and certified 

ozone monitoring data (2009–2011). In 

addition, preliminary 2012 ozone data 

show the area continues to attain. 

B. Manchester Area 

EPA is making two separate and 

independent final determinations for 

the Manchester, NH marginal one-hour 

ozone nonattainment area. EPA is 

determining that the Manchester 

marginal one-hour ozone nonattainment 

area attained the one-hour ozone 

NAAQS by the applicable deadline of 

November 15, 1993. This determination 

is based upon complete, certified, 

quality-assured ambient air quality 

monitoring data for the 1991–1993 

ozone seasons showing that the area had 

an expected ozone exceedance rate 

below the level of the now revoked onehour ozone NAAQS during that period, 

and therefore attained the standard by 

its applicable deadline. EPA is also 

determining that the Manchester area 

has attained the one-hour ozone 

standard since 1993, and continues to 

attain the standard based on the most 

recent three years of complete, qualityassured and certified ozone monitoring 

data (2009–2011). In addition, 

preliminary 2012 ozone data show the 

area continues to attain. 

Additional information related to 

these determinations and the rationale 

for them are set forth in the Notice of 

Proposed Rulemaking (NPR) published 

on July 19, 2012 (77 FR 42470) and will 

not be restated here. EPA received no 

comments on the NPR. 

II. What is the effect of these actions? 

After revocation of the one-hour 

ozone standard, EPA must continue to 

provide a mechanism to give effect to 

the one-hour anti-backsliding 

requirements. See SCAQMD v. EPA, 472 

F.3d 882, at 903 (D.C. Cir. 2006). In 

keeping with this responsibility, EPA 

has determined that the PortsmouthDover-Rochester serious one-hour ozone 

nonattainment area attained the onehour ozone standard by the area’s 

applicable attainment date of November 

15, 1999. In this context, EPA has also 

determined that there are no additional 

obligations under the revoked one-hour 

ozone standard, including those relating 

to one-hour ozone contingency 

measures, for the Portsmouth-DoverRochester one-hour ozone 

nonattainment area. EPA is also 

determining that the Manchester area 

attained the one-hour ozone standard by 

the area’s applicable attainment date of 

November 15, 1993. As a marginal area, 

Manchester was not subject to any 

requirement for contingency measures, 

and EPA has determined that the area 

has no additional obligations under the 

revoked one-hour ozone standard. 

III. Final Actions 

EPA is making four separate and 

independent determinations. First, EPA 

is determining that the Portsmouth, NH 

serious one-hour ozone nonattainment 

area met the applicable deadline of 

November 15, 1999, for attaining the 

one-hour NAAQS for ozone, based on 

1997–1999 complete, certified and 

quality-assured ozone monitoring data. 

Second, EPA is determining that the 

Portsmouth, NH area has attained the 

standard based on complete, certified 

and quality-assured ozone monitoring 

data since 1999, and that it continues to 

attain the standard based on the most 

recent three years of complete, qualityassured ozone monitoring data. In 

addition, preliminary 2012 ozone data 

show the area continues to attain. Third, 

EPA is determining that the Manchester, 

NH marginal ozone nonattainment area 

met the applicable deadline of 

November 15, 1993, for attaining the 

revoked one-hour ozone NAAQS. This 

determination is based upon complete, 

certified, quality-assured ambient air 

quality monitoring data for the 1991– 

1993 monitoring period showing that 

the area had an expected ozone 

exceedance rate below the level of the 

now revoked one-hour ozone NAAQS 

during that period and therefore 

attained the standard by its applicable 

deadline. Fourth, with respect to the 

Manchester area, EPA is determining, 

that the area has attained the one-hour 

ozone standard since 1993, and 

continues to attain the standard based 

on the most recent three years of 

complete, quality-assured and certified 

ozone monitoring data. In addition, 

preliminary 2012 ozone data show the 

area continues to attain. 

IV. Statutory and Executive Order 

Reviews 

These actions make determinations of 

attainment based on air quality, and do 

not impose additional requirements 

beyond those imposed by state law. 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 


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Federal Register / Vol. 77, No. 210 / Tuesday, October 30, 2012 / Rules and Regulations 65627 

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 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, these actions do 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 these actions 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 31, 

2012. 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 

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 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. 

Dated: October 15, 2012. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart EE—New Hampshire 

■ 2. Section 52.1534 is amended by 

adding paragraphs (g) and (h) to read as 

follows: 

§ 52.1534 Control strategy: Ozone. 

* * * * * 

(g) Determination of Attainment. 

Effective November 29, 2012, EPA is 

determining that the Portsmouth-DoverRochester one-hour ozone 

nonattainment area met the one-hour 

ozone standard, by the area’s applicable 

attainment date of November 15, 1999, 

based on 1997–1999 complete, certified, 

quality-assured ozone monitoring data 

at all monitoring sites in the area. 

Separate from and independent of this 

determination, EPA is determining that 

the Portsmouth-Dover-Rochester serious 

one-hour ozone nonattainment area has 

attained the one-hour ozone standard 

since 1999 and continues to attain based 

on complete, quality-assured data ozone 

monitoring data through 2011. 

(h) Determination of Attainment. 

Effective November 29, 2012, EPA is 

determining that the Manchester onehour ozone nonattainment area met the 

one-hour ozone standard, by the area’s 

applicable attainment date of November 

15, 1993, based on 1991–1993 complete, 

certified, quality-assured ozone 

monitoring data at all monitoring sites 

in the area. Separate from and 

independent of this determination, EPA 

is determining that the Manchester 

marginal one-hour ozone nonattainment 

area has attained the one-hour ozone 

standard, since 1993, and that it 

continues to attain based on complete 

quality-assured ozone monitoring data 

through 2011. 

[FR Doc. 2012–26524 Filed 10–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0169; FRL–9745–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Deferral for CO2 Emissions From 

Bioenergy and other Biogenic Sources 

Under the Prevention of Significant 

Deterioration Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Virginia Department of 

Environmental Quality (VADEQ) on 

December 14, 2011. This revision defers 

until July 21, 2014 the application of the 

Prevention of Significant Deterioration 

(PSD) permitting requirements to 

biogenic carbon dioxide (CO2) emissions 

from bioenergy and other biogenic 

stationary sources in the 

Commonwealth of Virginia. This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

November 29, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2012–0169. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

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 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

David Talley, (215) 814–2117, or by 

email at talley.david@epa.gov. 


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