31496 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 

(1) Hilton Head Island, South 

Carolina. All waters within a 500 yard 

radius around the barge from which the 

fireworks will be launched, located on 

the Atlantic Intracoastal Waterway at 

approximate position 32°13′57′′ N, 

80°45′06′′ W. This safety zone will be 

enforced from 8:30 p.m. until 10:30 p.m. 

on July 4, 2012. 

(2) Mount Pleasant, South Carolina. 

All waters within a 500 yard radius 

around the barge from which the 

fireworks will be launched, located on 

the Cooper River at approximate 

position 32°47′32′′ N, 79°54′33′′ W. This 

safety zone will be enforced from 8:30 

p.m. until 9:50 p.m. on July 4, 2012. 

(3) Murrells Inlet, South Carolina. All 

waters within a 1,000 yard radius 

around Veterans Pier, from which the 

fireworks will be launched, located on 

the Atlantic Intracoastal Waterway at 

approximate position 33°33′23′′ N, 

79°01′48′′ W. This safety zone will be 

enforced from 8:30 p.m. until 10:30 p.m. 

on July 4, 2012. 

(4) North Charleston, SC. All waters 

within a 500 yard radius around the 

barge from which the fireworks will be 

launched, located on the Cooper River 

at approximate position 32°52′01′′ N, 

79°57′35′′ W. This safety zone will be 

enforced from 8:30 p.m. until 10 p.m. on 

July 4, 2012. 

(5) North Myrtle Beach, South 

Carolina. All waters within a 500 yard 

radius around Cherry Grove Pier, from 

which the fireworks will be launched, 

located on the Atlantic Ocean at 

approximate position 33°49′38′′ N, 

78°37′54′′ W. This safety zone will be 

enforced from 9 p.m. until 10:30 p.m. on 

July 4, 2012. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Charleston in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated areas 

unless authorized by the Captain of the 

Port Charleston or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated areas may 

contact the Captain of the Port 

Charleston by telephone at (843) 740– 

7050, or a designated representative via 

VHF radio on channel 16, to request 

authorization. If authorization to enter, 

transit through, anchor in, or remain 

within the regulated areas is granted by 

the Captain of the Port Charleston or a 

designated representative, all persons 

and vessels receiving such authorization 

must comply with the instructions of 

the Captain of the Port Charleston or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated areas by 

Broadcast Notice to Mariners, Marine 

Safety Information Bulletins, and onscene designated representatives. 

(d) Effective Date. This rule is 

effective from 8:30 p.m. until 10:30 p.m. 

on July 4, 2012. 

Dated: May 14, 2012. 

M.F. White, 

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

Port Charleston. 

[FR Doc. 2012–12875 Filed 5–25–12; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2011–0879; EPA–R01– 

OAR–2012–0076; FRL–9675.9] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts and New Hampshire; 

Determination of Attainment of the 

One-Hour and 1997 Eight-Hour Ozone 

Standards for Eastern Massachusetts 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA is making three 

separate and independent 

determinations. First, the EPA is 

determining that the Boston-LawrenceWorcester (Eastern Massachusetts), MANH serious one-hour ozone 

nonattainment area met the applicable 

deadline of November 15, 2007, for 

attaining the one-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. This final determination is 

based upon complete, quality-assured, 

certified ambient air monitoring data 

that show the area attained the level of 

the now revoked one-hour ozone 

NAAQS for the 2005–2007 monitoring 

period. Second, EPA is determining that 

the Boston-Lawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment area attained 

the 1997 eight-hour NAAQS for ozone 

by its applicable attainment date (June 

15, 2010), based upon complete, qualityassured, certified ambient air 

monitoring data for the 2007–2009 

monitoring period. Third, EPA is 

determining that the Boston-LawrenceWorcester (Eastern Massachusetts) 

moderate 1997 eight-hour ozone 

nonattainment area has attained the 

1997 eight-hour NAAQS for ozone, 

based upon complete, quality-assured, 

certified ambient air monitoring data for 

2008–2010 monitoring period, and 

continuing through 2011. Under the 

provisions of EPA’s ozone 

implementation rule, the requirements 

for this area to submit an attainment 

demonstration, a reasonable further 

progress plan, contingency measures, 

and other planning State 

Implementation Plans related to 

attainment of the 1997 eight-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. 

DATES: This rule is effective on June 28, 

2012. 

ADDRESSES: EPA has established dockets 

for these actions under Docket 

Identification No. EPA–R01–OAR– 

2011–0879 and EPA–R01–OAR–2012– 

0076. All documents in the dockets 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 

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? 


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Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 31497 

II. What is the background for these actions? 

III. What is the effect of these actions? 

IV. Final Actions 

V. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is making three separate and 

independent final determinations for 

the Boston-Lawrence-Worcester (Eastern 

Massachusetts), MA–NH serious onehour ozone nonattainment area, and the 

Boston-Lawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment area. 

A. Determination of Attainment for the 

One-Hour Ozone Standard 

First, EPA is determining that the 

Boston-Lawrence-Worcester (Eastern 

Massachusetts), MA–NH serious onehour ozone nonattainment area has 

attained the one-hour ozone NAAQS, by 

the area’s applicable attainment date of 

November 15, 2007 based upon 

complete, quality-assured and certified 

ambient air monitoring data for the 

2005–2007 monitoring period. The 

Boston-Lawrence-Worcester, MA–NH 

one-hour ozone nonattainment area 

consists of Barnstable, Bristol, Dukes, 

Essex, Middlesex, Nantucket, Norfolk, 

Plymouth, Suffolk and Worcester 

Counties in Massachusetts; along with 

parts of Hillsborough and Rockingham 

Counties in southern New Hampshire. 

(See 40 CFR 81.322, and 81.330.) 

B. Determinations of Attainment for the 

1997 Eight-Hour Ozone Standard 

Second, EPA is determining, under 

section 181(b)(2)(A) of the Clean Air Act 

(CAA), that the Boston-LawrenceWorcester (Eastern Massachusetts) 

moderate 1997 eight-hour ozone 

nonattainment area attained the 1997 

eight-hour ozone NAAQS by its 

applicable attainment date (June 15, 

2010). The Eastern Massachusetts 1997 

eight-hour ozone nonattainment area 

consists of Barnstable, Bristol, Dukes, 

Essex, Middlesex, Nantucket, Norfolk, 

Plymouth, Suffolk and Worcester 

Counties, in Massachusetts. 

Finally, EPA is determining that the 

Boston-Lawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment area has 

attained the 1997 eight-hour ozone 

NAAQS, based upon complete, qualityassured and certified ambient air 

monitoring data for the 2008–2010 and 

2009–2011 monitoring periods. 

II. What is the background for these 

actions? 

On December 14, 2011 (76 FR 77739), 

EPA published in the Federal Register 

a Notice of Proposed Rulemaking (NPR) 

proposing its determination under 

section 181(b)(2) that the BostonLawrence-Worcester (Eastern 

Massachusetts), MA-NH serious onehour ozone nonattainment area attained 

the one-hour ozone NAAQS by 

November 15, 2007, the area’s 

applicable attainment deadline. The 

rationale and bases for EPA’s proposed 

determination are set forth in the 

December 14, 2011 NPR, and need not 

be restated here. EPA received no 

comments on the NPR. 

On March 13, 2012 (77 FR 14712), 

EPA published in the Federal Register 

an NPR proposing its determinations 

that the Boston-Lawrence-Worcester 

(Eastern Massachusetts), MA moderate 

eight-hour ozone nonattainment area 

attained the 1997 eight-hour ozone 

NAAQS by June 15, 2010, the area’s 

applicable attainment deadline, and that 

the area continues to attain the 1997 8- 

hour ozone NAAQS. The rationale and 

bases for EPA’s proposed 

determinations are set forth in the 

March 13, 2012 NPR, and need not be 

restated here. EPA received no 

comments on the NPR. 

III. What is the effect of these actions? 

A. For the One-Hour Ozone Standard 

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 (DC Cir. 2006). In 

keeping with this responsibility, EPA 

has determined that the BostonLawrence-Worcester, MA–NH serious 

one-hour ozone nonattainment area 

attained the one-hour ozone standard by 

the area’s applicable attainment date of 

November 15, 2007. In this context, EPA 

has also determined that there are no 

additional obligations under the 

revoked one-hour standard, including 

those relating to one-hour ozone 

contingency measures, for the BostonLawrence-Worcester, MA–NH one-hour 

ozone nonattainment area. 

B. For the Eight-Hour Ozone Standard 

In accordance with CAA section 

181(b)(2)(A), EPA is determining that 

the Boston-Lawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment area attained 

the 1997 ozone NAAQS by its 

applicable attainment date of June 15, 

2010. The effect of this determination of 

attainment by the area’s attainment date 

is to discharge EPA’s obligation under 

section 181(b)(2)(A), and to establish 

that, in accordance with that section, 

the area will not be reclassified for 

failure to attain by its applicable 

attainment date. 

EPA is also determining that the 

Boston-Lawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment area has 

attained the 1997 eight-hour ozone 

NAAQS, based upon the most recent 

complete, quality-assured and certified 

ambient air monitoring data, for the 

2008–2010 and 2009–2011 monitoring 

periods. Under the provisions of EPA’s 

ozone implementation rule (see 40 CFR 

51.918), a determination that the area is 

attaining the 1997 eight-hour ozone 

standard suspends the requirements for 

the Boston-Lawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment 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 eight-hour ozone 

NAAQS for so long as the area 

continues to attain the 1997 ozone 

NAAQS. 

EPA’s determination that the area has 

attained the 1997 eight-hour ozone 

standard does not constitute a 

redesignation to attainment for that 

standard under CAA section 107(d)(3), 

because EPA has not yet approved a 

maintenance plan for the area, as 

required under section 175A of the 

CAA, nor determined that the area has 

met the other requirements for 

redesignation. Thus, the classification 

and designation status of the area 

remains moderate nonattainment for the 

1997 eight-hour ozone NAAQS until 

such time as EPA determines that it 

meets the CAA requirements for 

redesignation to attainment. If EPA 

subsequently determines, after noticeand-comment rulemaking in the Federal 

Register, that the Boston-LawrenceWorcester (Eastern Massachusetts) 

moderate 1997 eight-hour ozone area’s 

basis for the suspension of these 

requirements no longer exists, then the 

area would thereafter have to address 

the pertinent requirements. 

IV. Final Actions 

EPA is making three separate and 

independent determinations. First, EPA 

is determining that the BostonLawrence-Worcester, MA–NH one-hour 

ozone nonattainment area met its 

applicable one-hour ozone attainment 

date of November 15, 2007, based on 

2005–2007 complete, certified, qualityassured ozone monitoring data. Second, 

EPA is determining, pursuant to CAA 

section 181(b)(2)(A), that the BostonLawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment area met the 

applicable eight-hour ozone attainment 


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31498 Federal Register / Vol. 77, No. 103 / Tuesday, May 29, 2012 / Rules and Regulations 

date of June 15, 2010, based on 2007– 

2009 complete, certified, qualityassured ozone monitoring data. Third, 

EPA is determining that the BostonLawrence-Worcester (Eastern 

Massachusetts) moderate 1997 eighthour ozone nonattainment area has 

attained the applicable eight-hour ozone 

standard based on complete, certified, 

quality-assured ozone monitoring data 

for 2008–2010 and 2009–2011. 

IV. Statutory and Executive Order 

Reviews 

These actions make determinations of 

attainment based on air quality, result in 

the suspension of certain Federal 

requirements, and/or would 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 

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 July 30, 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: May 14, 2012. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

Part 52 of 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. 

Subpart W—Massachusetts 

■ 2. Section 52.1129 is amended by 

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

follows: 

§ 52.1129 Control strategy: Ozone. 

* * * * * 

(f) Determination of Attainment for 

the One-Hour Ozone Standard. Effective 

June 28, 2012, EPA is determining that 

the Boston-Lawrence-Worcester, MA– 

NH one-hour ozone nonattainment area 

met the one-hour ozone standard, by the 

area’s applicable attainment date of 

November 15, 2007, based on 2005– 

2007 complete, certified, qualityassured ozone monitoring data at all 

monitoring sites in the area. 

(g) Determination of Attainment. (1) 

Determination of Attainment by 

Attainment Date; and 

(2) Determination of Attainment. 

Effective June 28, 2012. 

(i) Determination of Attainment by the 

Area’s Attainment Date. EPA is 

determining that the Boston-LawrenceWorcester, MA eight-hour ozone 

nonattainment area met the applicable 

June 15, 2010 attainment deadline for 

the 1997 eight-hour ozone standard. 

(ii) EPA is determining that the 

Boston-Lawrence-Worcester, MA eighthour ozone nonattainment area has 

attained the 1997 eight-hour ozone 

standard. Under the provisions of EPA’s 

ozone implementation rule (see 40 CFR 

51.918), this determination suspends 

the reasonable further progress and 

attainment demonstration requirements 

of section 182(b)(1) and related 

requirements of section 172(c)(9) of the 

Clean Air Act for as long as the area 

continues to attain the 1997 eight-hour 

ozone standard. If EPA determines, after 

notice-and comment rulemaking, that 

the Boston-Lawrence-Worcester, MA 

area no longer meets the 1997 ozone 

NAAQS, this determination shall be 

withdrawn. 

Subpart EE—New Hampshire 

■ 3. Section 52.1534 is amended by 

adding paragraph (f) to read as follows: 

§ 52.1534 Control strategy: Ozone. 

* * * * * 

(f) Determination of Attainment for 

the One-Hour Ozone Standard. Effective 

June 28, 2012, EPA is determining that 

the Boston-Lawrence-Worcester, MA– 

NH one-hour ozone nonattainment area 

met the one-hour ozone standard, by the 

area’s applicable attainment date of 

November 15, 2007, based on 2005– 

2007 complete, certified, qualityassured ozone monitoring data at all 

monitoring sites in the area. 

[FR Doc. 2012–12505 Filed 5–25–12; 8:45 am] 

BILLING CODE 6560–50–P 


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