Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 55977 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

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 

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 concluded 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 is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. 

An environmental analysis checklist 

and a categorical exclusion 

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 § 165.T11–332 to read as 

follows: 

§ 165.T11–332 Safety Zone; San Diego 

Harbor Shark Fest Swim; San Diego Bay, 

San Diego, CA. 

(a) Location. The following area is a 

safety zone: All the navigable waters of 

the San Diego Bay bounded by the 

following coordinates: 

32°42.17′ N, 117°09.83′ W; 

32°41.66′ N, 117°09.88′ W; 

along the shore line to 32°41.29′ N, 

117°09.77′ W; 

32°41.50′ N, 117°09.73′ W; 

32°42.05′ N, 117°09.68′ W; 

along the shore line to 32°42.17′ N, 

117°09.83′ W. 

(b) Enforcement Period. This section 

will be enforced from 8:30 a.m. to 10:30 

a.m. on September 19, 2010. If the event 

concludes prior to the scheduled 

termination time, the Captain of the Port 

will cease enforcement of this safety 

zone and will announce that fact via 

Broadcast Notice to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

Designated representative means any 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, State, and Federal law 

enforcement vessels who have been 

authorized to act on the behalf of the 

Captain of the Port San Diego. 

(d) Regulations. (1) Entry into, transit 

through or anchoring within this safety 

zone is prohibited unless authorized by 

the Captain of the Port of San Diego or 

designated representative. 

(2) Mariners requesting permission to 

transit through the safety zone may 

request authorization to do so from the 

Patrol Commander (PATCOM). The 

PATCOM may be contacted on VHF–FM 

Channel 16. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port San Diego or 

designated representative. 

(4) 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. 

(5) The Coast Guard may be assisted 

by other Federal, State, or local 

agencies. 

Dated: August 11, 2010. 

T.H. Farris, 

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

Port San Diego. 

[FR Doc. 2010–23009 Filed 9–14–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0666–201032; FRL– 

9202–1] 

Adequacy Status of the Knoxville, TN 

1997 8-Hour Ozone Maintenance Plan 

Motor Vehicle Emission Budgets for 

Transportation Conformity Purposes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of adequacy. 

SUMMARY: EPA is notifying the public 

that it has found that the motor vehicle 

emissions budgets (MVEBs) contained 

in the State Implementation Plan (SIP) 

revision for the Knoxville, Tennessee 

1997 8-Hour Ozone Maintenance Plan 

are adequate for transportation 

conformity purposes. This revision was 

submitted on July 14, 2010, by the 

Tennessee Department of Environment 

and Conservation (TDEC). The 

Knoxville 1997 8-Hour ozone 

nonattainment area (hereafter referred to 

as ‘‘the Knoxville Area’’) for which 

MVEBs are established in today’s notice 

is comprised of the entire counties of 

Anderson, Blount, Jefferson, Knox, 

Sevier, and Loudon as well as the 

portion of Cocke County that falls 

within the boundaries of the Great 

Smoky Mountains National Park. On 

March 2, 1999, the United States Court 

of Appeals for the District of Columbia 

Circuit (DC Circuit) ruled that submitted 

SIPs cannot be used for transportation 

conformity determinations until EPA 

has affirmatively found them adequate. 

As a result of EPA’s finding, the 

Knoxville Area must use the MVEBs for 

future conformity determinations for the 

1997 8-hour ozone national ambient air 

quality standards (NAAQS). 

DATES: These MVEBs are effective 

September 30, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Kelly Sheckler, U.S. Environmental 

Protection Agency, Region 4, Air 

Planning Branch, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303. Ms. 

Sheckler can also be reached by 

telephone at (404) 562–9222, or via 

electronic mail at 

sheckler.kelly@epa.gov. The finding is 

available at EPA’s conformity Web site: 

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55978 Federal Register / Vol. 75, No. 178 / Wednesday, September 15, 2010 / Rules and Regulations 

http://www.epa.gov/otaq/ 

stateresources/transconf/currsips.htm. 

SUPPLEMENTARY INFORMATION: This 

notice is simply an announcement of a 

finding that EPA has already made. 

EPA, Region 4, sent a letter to TDEC on 

July 20, 2010, stating that the MVEBs 

identified for Knoxville in Tennessee’s 

maintenance SIP revision, submitted on 

July 14, 2010, are adequate and must be 

used for transportation conformity 

determinations in the Knoxville Area. 

Originally, on June 11, 2010, TDEC 

submitted its maintenance plan for 

parallel processing which allowed EPA 

to initiate our public comment period 

for adequacy of the MVEBs contained in 

Tennessee’s maintenance plan. 

EPA posted the availability of the 

Knoxville Area MVEBs on EPA’s Web 

site on June 14, 2010, as part of the 

adequacy process, for the purpose of 

soliciting comments. The adequacy 

comment period ran from June 15, 2010, 

through July 14, 2010. During EPA’s 

adequacy comment period, no 

comments were received on the 

Knoxville Area MVEBs. Through this 

notice, EPA is informing the public that 

these MVEBs are adequate for 

transportation conformity. This finding 

has also been announced on EPA’s 

conformity Web site: http:// 

www.epa.gov/otaq/stateresources/ 

transconf/pastsips.htm. The adequate 

MVEBs are provided in the following 

table: 

KNOXVILLE, TENNESSEE 8-HOUR

OZONE MVEBS

[Tons per day] 

2024 

NOX .................................. 36.32 

VOC .................................. 25.19 

Transportation conformity is required 

by section 176(c) of the Clean Air Act. 

EPA’s conformity rule, 40 CFR Part 93, 

requires that transportation plans, 

programs and projects conform to state 

air quality implementation plans and 

establishes the criteria and procedures 

for determining whether or not they do 

so. Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS. 

The criteria by which EPA determines 

whether a SIP’s MVEBs are adequate for 

transportation conformity purposes are 

outlined in 40 CFR 93.118(e)(4). We 

have also described the process for 

determining the adequacy of submitted 

SIP budgets in our July 1, 2004, final 

rulemaking entitled, ‘‘Transportation 

Conformity Rule Amendments for the 

New 8-Hour Ozone and PM2.5 National 

Ambient Air Quality Standards and 

Miscellaneous Revisions for Existing 

Areas; Transportation Conformity Rule 

Amendments: Response to Court 

Decision and Additional Rule Changes’’ 

(69 FR 40004). Please note that an 

adequacy review is separate from EPA’s 

completeness review, and it should not 

be used to prejudge EPA’s ultimate 

approval of Tennessee’s 1997 8-hour 

ozone SIP revision for the Knoxville 

Area. Even if EPA finds a budget 

adequate, the SIP revision could later be 

disapproved. 

Within 24 months from the effective 

date of this notice, the transportation 

partners will need to demonstrate 

conformity to the new MVEBs, if the 

demonstration has not already been 

made, pursuant to 40 CFR 93.104(e). See 

73 FR 4419 (January 24, 2008). 

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

Dated: September 3, 2010. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–22973 Filed 9–14–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0620; FRL–9199–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Revisions to the New Source Review 

(NSR) State Implementation Plan (SIP); 

Prevention of Significant Deterioration 

(PSD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action approving revisions to the Texas 

PSD State Implementation Plan (SIP). 

EPA is approving a SIP revision 

submitted February 1, 2006, as amended 

by a SIP revision submitted July 16, 

2010. This action makes no substantive 

changes to the Texas PSD SIP; it merely 

approves reorganization and 

renumbering of the Texas PSD SIP rules. 

Further, the July 16, 2010 submission 

corrects certain deficiencies identified 

in EPA’s September 23, 2009 proposed 

disapproval. The EPA is approving 

these revisions pursuant to section 110 

and part C of the Federal Clean Air Act 

(Act or CAA). 

DATES: This direct final rule will be 

effective on November 15, 2010 without 

further notice, unless EPA receives 

relevant adverse comments by October 

15, 2010. If EPA receives such 

comments, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that this rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R06– 

OAR–2010–0620, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• U.S. EPA Region 6 ‘‘Contact Us’’ 

Web site: http://epa.gov/region6/ 

r6coment.htm Please click on ‘‘6PD’’ 

(Multimedia) and select ‘‘Air’’ before 

submitting comments. 

• E-mail: Mr. Stanley M. Spruiell at 

spruiell.stanley@epa.gov. Please also cc 

the person listed in the FOR FURTHER

INFORMATION CONTACT section below. 

• Fax: Mr. Stanley M. Spruiell, Air 

Permits Section (6PD–R), at fax number 

214–665–7263. 

• Mail: Mr. Stanley M. Spruiell, Air 

Permits Section (6PD–R), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

• Hand or Courier Delivery: Mr. 

Stanley M. Spruiell, Air Permits Section 

(6PD–R), Environmental Protection 

Agency, 1445 Ross Avenue, Suite 1200, 

Dallas, Texas 75202–2733. Such 

deliveries are accepted only between the 

hours of 8 a.m. and 4 p.m. weekdays 

except for legal holidays. Special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R06–OAR–2010– 

0620. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

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