54394 Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations 

1Covering approximately 460 square miles, the 

West Central Pinal PM2.5 nonattainment area is 

located within Pinal County, Arizona. 2The 2006 24-hour PM2.5 NAAQS is 35 

micrograms per cubic meter (mg/m3), based on a 3- 

year average of the 98th percentile of 24-hour 

concentrations. 

discovery of a significant environmental 

impact from this rule. 

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. 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, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T05–0767 to read as 

follows: 

§ 165.T05–0767 Security Zone, Baltimore 

Harbor, Baltimore’s Inner Harbor; 

Baltimore, MD. 

(a) Location. The following area is a 

security zone: all waters of Baltimore 

Harbor, Baltimore’s Inner Harbor, from 

shoreline to shoreline, bounded on the 

east by a line drawn from position 

latitude 39°17′03.41′′ N, longitude 

076°36′28.35′′ W southerly to position 

latitude 39°16′58.24′′ N, longitude 

076°36′27.59′′ W, located along the 

waterfront at Baltimore, MD. All 

coordinates refer to datum NAD 1983. 

(b) Regulations. The general security 

zone regulations found in 33 CFR 

165.33 apply to the security zone 

created by this temporary 

§ 165.T05.0767. 

(1) All persons are required to comply 

with the general regulations governing 

security zones found in 33 CFR 165.33. 

(2) Entry into or remaining in this 

zone is prohibited unless authorized by 

the Coast Guard Captain of the Port 

Baltimore. Vessels already at berth, 

mooring, or anchor at the time the 

security zone is implemented do not 

have to depart the security zone. All 

vessels underway within this security 

zone at the time it is implemented are 

to depart the zone. 

(3) Persons desiring to transit the area 

of the security zone must first obtain 

authorization from the Captain of the 

Port Baltimore or his designated 

representative. To seek permission to 

transit the area, the Captain of the Port 

Baltimore and his designated 

representatives can be contacted at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz). The Coast Guard 

vessels enforcing this section can be 

contacted on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). Upon 

being hailed by a U.S. Coast Guard 

vessel, or other Federal, State, or local 

agency vessel, by siren, radio, flashing 

light, or other means, the operator of a 

vessel shall proceed as directed. If 

permission is granted, all persons and 

vessels must comply with the 

instructions of the Captain of the Port 

Baltimore or his designated 

representative and proceed at the 

minimum speed necessary to maintain a 

safe course while within the zone. 

(4) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(c) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland or any Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port to act on his behalf. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the security zone 

described in paragraph (a) of this 

section. 

(d) Effective period. This rule is 

effective from 5 p.m. until 11:59 p.m. on 

September 5, 2013. 

(e) Enforcement period. This section 

will be enforced from 5 p.m. until 11:59 

p.m. on September 5, 2013. 

Dated: August 15, 2013. 

M.M. Dean, 

Commander, U. S. Coast Guard, Acting 

Captain of the Port Baltimore. 

[FR Doc. 2013–21394 Filed 9–3–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2013–0449; FRL–9900–58– 

Region9] 

Determination of Attainment for the 

West Central Pinal Nonattainment Area 

for the 2006 Fine Particle Standard; 

Arizona; Determination Regarding 

Applicability of Clean Air Act 

Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

determine that the West Central Pinal 

nonattainment area in Arizona has 

attained the 2006 24-hour fine particle 

(PM2.5) National Ambient Air Quality 

Standard (NAAQS). This determination 

is based upon complete, qualityassured, and certified ambient air 

monitoring data showing that this area 

has monitored attainment of the 2006 

24-hour PM2.5 NAAQS based on the 

2010–2012 monitoring period. Based on 

the above determination, the 

requirements for this area to submit an 

attainment demonstration, together with 

reasonably available control measures 

(RACM), a reasonable further progress 

(RFP) plan, and contingency measures 

for failure to meet RFP and attainment 

deadlines are suspended for so long as 

the area continues to attain the 2006 24- 

hour PM2.5 NAAQS. 

DATES: Effective Date: This rule is 

effective on October 4, 2013. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2013–0449 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at www.regulations.gov 

and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, 

California. While all documents in the 

docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps, multi-volume 

reports), and some may not be publicly 

available in either location (e.g., 

Confidential Business Information). To 

inspect the hard copy materials, please 

schedule an appointment during normal 

business hours with the contact listed in 

the FOR FURTHER INFORMATION CONTACT

section. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, (415) 972–3964, or by 

email at vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’ or ‘‘our’’ are used, we mean 

EPA. 

Table of Contents 

I. Summary of Proposed Action 

II. Public Comments and EPA Responses 

III. EPA’s Final Action 

IV. Statutory and Executive Order Reviews 

I. Summary of Proposed Action 

On July 12, 2013 (78 FR 41901), EPA 

proposed to determine that the West 

Central Pinal nonattainment area 1 has 

attained the 2006 24-hour NAAQS 2 for 


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Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations 54395 

fine particles (generally referring to 

particles less than or equal to 2.5 

micrometers in diameter, PM2.5). 

In our proposed rule, we explained 

that in making an attainment 

determination, EPA relies on complete, 

quality-assured, and certified data 

gathered at a State and Local Air 

Monitoring Station(s) (SLAMS) and 

entered into EPA’s Air Quality System 

(AQS) database. Under 40 CFR 50.13 

(‘‘National primary and secondary 

ambient air quality standards for PM2.5’’) 

and appendix N to 40 CFR part 50 

(‘‘Interpretation of the National Ambient 

Air Quality Standards for PM2.5’’), the 

2006 PM2.5 NAAQS is met when each 

monitoring site in the area has a design 

value at or below the standard. 

EPA proposed the determination of 

attainment for the West Central Pinal 

area based upon a review of the 

monitoring network operated by the 

Pinal County Air Quality Control 

Department (PCAQCD) and the data 

collected at the monitoring site 

operating during the most recent 

complete three-year period (i.e., 2010 to 

2012). Based on this review, EPA found 

that complete, quality-assured and 

certified data for the West Central Pinal 

area showed that the 24-hour design 

value for the 2009–2011 period was 

equal to or less than 35 m/m3 at the 

monitoring site. See the data summary 

table on page 41904 of the July 12, 2013 

proposed rule. We also noted that 

preliminary data available in AQS for 

2013 indicates that the West Central 

Pinal area continues to attain the 

NAAQS. 

In conjunction with and based upon 

our proposed determination that West 

Central Pinal has attained and is 

currently attaining the standard, EPA 

also proposed to determine that the 

obligation under the Clean Air Act 

(CAA) to submit the following 

attainment-related planning 

requirements is not applicable for so 

long as the area continues to attain the 

2006 PM2.5 NAAQS: The part D, subpart 

4 obligations to provide an attainment 

demonstration pursuant to section 

189(a)(1)(B), the RACM provisions of 

section 189(a)(1)(C), the RFP provisions 

of section 189(c), and related attainment 

demonstration, RACM, RFP and 

contingency measure provisions 

requirements of subpart 1, section 172. 

In doing so, we proposed to apply EPA’s 

Clean Data Policy to the 2006 PM2.5

NAAQS to suspend the attainmentrelated SIP submittal obligations under 

subparts 1 and 4 of part D (of title I of 

the CAA), if the West Central Pinal 

nonattainment area were considered a 

moderate nonattainment area under 

subpart 4. See pages 41904–41906 of our 

July 12, 2013 proposed rule. In 

proposing to apply the Clean Data 

Policy to the 2006 PM2.5 NAAQS, we 

explained that we are applying the same 

statutory interpretation with respect to 

the implications of clean data 

determinations that the Agency has long 

applied in regulations for the 1997 8- 

hour ozone and PM2.5 NAAQS and in 

individual rulemakings for the 1-hour 

ozone, coarse particle (PM10) and lead 

NAAQS. 

Please see the July 12, 2013 proposed 

rule for more detailed information 

concerning the PM2.5 NAAQS, 

designations of PM2.5 nonattainment 

areas, the regulatory basis for 

determining attainment of the NAAQS, 

PCAQCD’s PM2.5 monitoring network, 

EPA’s review and evaluation of the data, 

and the rationale and implications for 

application of the Clean Data Policy to 

the 2006 PM2.5 NAAQS. 

II. Public Comments and EPA 

Responses 

EPA’s proposed rule provided a 30- 

day public comment period. During this 

period, we did not receive any 

comments. 

III. EPA’s Final Action 

For the reasons provided in the 

proposed rule and summarized herein, 

EPA is taking final action to determine 

that the West Central Pinal 

nonattainment area in Pinal County, 

Arizona has attained the 2006 24-hour 

PM2.5 NAAQS based on the most recent 

three years of complete, quality-assured, 

and certified data in AQS for 2010– 

2012. Preliminary 2013 data available in 

AQS show that this area continues to 

attain the standard. 

EPA is also taking final action, based 

on the above determination of 

attainment, to suspend the requirements 

for the West Central Pinal 

nonattainment area to submit an 

attainment demonstration pursuant to 

section 189(a)(1)(B), the RACM 

provisions of section 189(a)(1)(C), the 

RFP provisions of section 189(c), and 

related attainment demonstration, 

RACM, RFP and contingency measure 

provisions requirements of subpart 1, 

section 172 for so long as the area 

continues to attain the 2006 PM2.5

NAAQS. EPA’s final action is consistent 

and in keeping with its long-held 

interpretation of CAA requirements, as 

well as with EPA’s regulations for 

similar determinations for ozone (see 40 

CFR 51.918) and the 1997 fine 

particulate matter standards (see 40 CFR 

51.1004(c)). 

Today’s final action does not 

constitute a redesignation of the West 

Central Pinal nonattainment area to 

attainment for the 2006 24-hour PM2.5

NAAQS under CAA section 107(d)(3) 

because we have not yet approved a 

maintenance plan for the West Central 

Pinal nonattainment area as meeting the 

requirements of section 175A of the 

CAA or determined that the area has 

met the other CAA requirements for 

redesignation. The classification and 

designation status in 40 CFR part 81 

remain nonattainment for this area until 

such time as EPA determines that 

Arizona has met the CAA requirements 

for redesignating the West Central Pinal 

nonattainment area to attainment. 

If the West Central Pinal 

nonattainment area continues to 

monitor attainment of the 2006 PM2.5

NAAQS, the requirements for the area to 

submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and any other 

planning requirements related to 

attainment of the 2006 PM2.5 NAAQS 

will remain suspended. If after today’s 

action EPA subsequently determines, 

after notice-and-comment rulemaking in 

the Federal Register, that the area has 

violated the 2006 PM2.5 NAAQS, the 

basis for the suspension of the 

attainment planning requirements for 

the area would no longer exist, and the 

area would thereafter have to address 

such requirements. 

IV. Statutory and Executive Order 

Reviews 

This final action makes a 

determination of attainment based on 

air quality and suspends certain federal 

requirements, and thus, this action 

would not impose additional 

requirements beyond those imposed by 

state law. For this reason, the final 

action: 

• Is 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); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is 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.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 


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54396 Federal Register / Vol. 78, No. 171 / Wednesday, September 4, 2013 / Rules and Regulations 

• Is 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); 

• Is 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 CAA; and 

• Does not provide EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this final action does not 

have tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

obligations discussed herein do not 

apply to Indian Tribes, and thus this 

action 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 4, 2013. 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, Nitrogen oxides, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides. 

Dated: August 22, 2013. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, 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 D—Arizona 

■ 2. Section 52.131 is amended by 

adding paragraph (b) to read as follows: 

§ 52.131 Control Strategy and regulations: 

Fine Particle Matter. 

* * * * * 

(b) Determination of Attainment: 

Effective October 4, 2013, EPA has 

determined that, based on 2010 to 2012 

ambient air quality data, the West 

Central Pinal PM2.5 nonattainment area 

has attained the 2006 24-hour PM2.5

NAAQS. This determination suspends 

the requirements for this area to submit 

an attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment for 

as long as this area continues to attain 

the 2006 24-hour PM2.5 NAAQS. If EPA 

determines, after notice-and-comment 

rulemaking, that this area no longer 

meets the 2006 PM2.5 NAAQS, the 

corresponding determination of 

attainment for that area shall be 

withdrawn. 

[FR Doc. 2013–21366 Filed 9–3–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[Docket No. EPA–R02–OAR–2012–0889; 

FRL–9900–33–Region 2] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

New Jersey; Redesignation of Areas 

for Air Quality Planning Purposes and 

Approval of the Associated 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On December 26, 2012 the 

New Jersey Department of 

Environmental Protection (NJDEP) 

submitted a request for the 

Environmental Protection Agency (EPA) 

to approve the redesignation of the New 

Jersey portion of the New York-N.New 

Jersey-Long Island, NY-NJ-CT 

nonattainment area, and the New Jersey 

portion of the Philadelphia-Wilmington, 

PA-NJ-DE nonattainment area, from 

nonattainment to attainment for the 

1997 annual and the 2006 24-hour Fine 

Particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS). In 

conjunction with its redesignation 

request, New Jersey submitted a State 

Implementation Plan (SIP) revision 

containing a maintenance plan for the 

areas that provides for continued 

maintenance of the 1997 annual and 

2006 24-hour PM2.5 NAAQS. The 

submittals included the 2007 ammonia 

(NH3), volatile organic compounds 

(VOC), nitrogen oxides (NOX), direct 

PM2.5 and sulfur dioxide (SO2) 

emissions inventories submitted to meet 

the comprehensive emissions inventory 

requirements of section 172(c)(3) of the 

Clean Air Act (CAA), and accompanying 

motor vehicle emissions budgets. EPA is 

taking final action to approve the 

requested SIP revisions and to 

redesignate the New Jersey portions of 

the New York-N.New Jersey-Long 

Island, NY-NJ-CT nonattainment area, 

and the Philadelphia-Wilmington, PANJ-DE nonattainment area, to attainment 

for the 1997 annual and the 2006 24- 

hour PM2.5 NAAQS. 

DATES: This rule is effective on 

September 4, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2012–0889. All 

documents in the docket are listed in 

the http://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 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Programs Branch, U.S. Environmental 

Protection Agency, Region II, 290 

Broadway, New York, New York 10007. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Fradkin (fradkin.kenneth@

epa.gov), Air Programs Branch, 290 


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