Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 44179 

(b) Any vessel, vehicle, or aircraft 

used to transport, carry, convey, or 

conceal or possess any contraband 

cigarettes or contraband smokeless 

tobacco with respect to which there has 

been committed any violation of any 

provision of 18 U.S.C. chapter 114 or 

the regulations in this subpart shall be 

subject to seizure and forfeiture 

pursuant to 49 U.S.C. 80302–80303. The 

provisions of 18 U.S.C. chapter 46 

relating to civil forfeitures shall extend 

to any seizure or civil forfeiture under 

this section. 

Dated: July 22, 2010. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2010–18552 Filed 7–27–10; 8:45 am] 

BILLING CODE 4410–FY–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2010–0459; A–1–FRL– 

9182–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Determination of Attainment of 

the 1997 Ozone Standard for the 

Providence, RI Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that the Providence (All of 

Rhode Island) moderate 1997 8-hour 

ozone nonattainment area continues to 

attain the 1997 8-hour National Ambient 

Air Quality Standard (NAAQS) for 

ozone. This determination is based 

upon complete, quality-assured, 

certified ambient air monitoring data 

that show the area has monitored 

attainment of the 1997 8-hour ozone 

NAAQS for the 2007–2009 monitoring 

period. Preliminary data available 

through June 15, 2010 also are 

consistent with continued attainment. 

In addition, in accordance with the 

Clean Air Act, EPA is proposing to 

determine, that this area has attained 

the 1997 ozone NAAQS as of June 15, 

2010, its applicable attainment date. 

DATES: Written comments must be 

received on or before August 27, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2010–0459 by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2010–0459,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, 

U.S. Environmental Protection Agency, 

EPA New England Regional Office, 5 

Post Office Square, Suite 100, Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2010– 

0459. 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 through http:// 

www.regulations.gov, or e-mail, 

information that you consider to be CBI 

or otherwise protected. 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 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

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 in http:// 

www.regulations.gov or in hard copy at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA. 

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 are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., 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, e-mail 

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? 

II. What is the effect of these actions? 

III. What is the background for these actions? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. Proposed Actions 

VI. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is proposing to determine that 

the Providence (All of Rhode Island) 

moderate 8-hour ozone nonattainment 

area continues to attain the 1997 8-hour 

NAAQS for ozone. This determination 

is based upon complete, quality-assured 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the 1997 ozone NAAQS 

for the 2007–2009 monitoring period. 

Preliminary data available through June 

15, 2010 are also consistent with 

continued attainment. In addition, 

under section 181(b)(2)(A) of the Clean 

Air Act (CAA), EPA is proposing to 

determine that this area has attained the 

1997 ozone NAAQS by its applicable 

attainment date (June 15, 2010). 

II. What is the effect of these actions? 

Under section 181(b)(2)(A) of the CAA 

and the provisions of EPA’s ozone 

implementation rule (see 40 CFR 

Section 51.902(a)), EPA is proposing to 

determine that this area has attained the 


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44180 Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 

1Rhode Island submitted an attainment 

demonstration, reasonable further progress plan and 

contingency measures for this area on April 30, 

2008. EPA has not taken action on these submittals. 

1997 ozone NAAQS by its applicable 

attainment date of June 15, 2010. The 

effect of a final determination of 

attainment by the area’s attainment date 

would be to discharge EPA’s obligation 

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

establish that, in accordance with that 

section, the area would not be 

reclassified for failure to attain by its 

applicable attainment date. This 

proposed action, if finalized, would not 

constitute a redesignation to attainment 

under the Clean Air Act (CAA) section 

107(d)(3), because we would not yet 

have an approved maintenance plan for 

the area as required under section 175A 

of the CAA, nor a determination that the 

area has met the other requirements for 

redesignation. The classification and 

designation status of the area would 

remain moderate nonattainment for the 

1997 8-hour ozone NAAQS until such 

time as EPA determines that the area 

meets the CAA requirements for 

redesignation to attainment. 

III. What is the background for these 

actions? 

On April 30, 2004 (69 FR 23857), EPA 

designated as nonattainment any area 

that was violating the 1997 8-hour 

ozone NAAQS based on the three most 

recent years (2001–2003) of air quality 

data. The Providence (All of Rhode 

Island) area was designated as a 

moderate ozone nonattainment area. 

Subsequently, on June 3, 2010, EPA 

approved a clean data determination for 

the Rhode Island area, based on 2006– 

2008 ozone data (see 75 FR 31288). That 

action suspended the requirements for 

the 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 

8-hour ozone NAAQS for so long as the 

area continues to attain the 1997 ozone 

NAAQS. 40 CFR 51.918. Complete, 

certified ozone air quality data for 2007 

through 2009, as well as preliminary 

data available through June 15, 2010, 

show that the Rhode Island area 

continues to meet the 1997 8-hour 

ozone standard. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

The EPA has reviewed the ambient air 

monitoring data for ozone, consistent 

with the requirements contained in 40 

CFR part 50 and recorded in the Air 

Quality Data System (AQS) database, for 

Providence (All of Rhode Island) area, 

from 2007 through 2009. On the basis of 

its review, EPA proposes to conclude 

that the area attained the 1997 8-hour 

ozone standard at the end of the 2009 

ozone season, based on three years of 

complete, quality-assured and statecertified 2007–2009 ozone data. 

Preliminary data available through June 

15, 2010 are also consistent with 

continued attainment. 

Under EPA regulations at 40 CFR part 

50, the 1997 8-hour ozone standard is 

attained at a site when the 3-year 

average of the annual fourth-highest 

daily maximum 8-hour average ozone 

concentrations at an ozone monitor is 

less than or equal to 0.08 parts per 

million (ppm) (i.e., 0.084 ppm, based on 

the rounding convention in 40 CFR part 

50, appendix I). This 3-year average is 

referred to as the design value. When 

the design value is less than or equal to 

0.084 ppm at each monitoring site 

within the area, then the area is meeting 

the NAAQS. Also, the data 

completeness requirement is met when 

the average percent of days with valid 

ambient monitoring data is greater than 

90%, and no single year has less than 

75% data completeness as determined 

in Appendix I of 40 CFR Part 50. 

Table 1 shows the fourth-highest daily 

maximum 8-hour average ozone 

concentrations for the Rhode Island 

nonattainment area monitors for the 

years 2007–2009, and the ozone design 

values for these same monitors based on 

2007–2009. 

TABLE 1—2007–2009 FOURTH-HIGH 8-HOUR AVERAGE OZONE CONCENTRATIONS AND 2007–2009 DESIGN VALUES

(PARTS PER MILLION) IN THE RHODE ISLAND AREA

Site ID Site location 4th High 

2007 

4th High 

2008 

4th High 

2009 

Design value 

(07–09) 

440030002 ........................................ West Greenwich ............................... 0.089 0.074 0.069 0.077 

440071010 ........................................ East Providence ............................... 0.088 0.077 0.066 0.078 

440090007 ........................................ Narragansett ..................................... 0.083 0.081 0.068 0.076 

EPA’s review of these data indicates 

that the Rhode Island ozone 

nonattainment area has met the 1997 8- 

hour ozone NAAQS, based on 2007– 

2009 data. EPA believes these data, 

coupled with preliminary data available 

through June 15, 2010, indicate that the 

Rhode Island area has also attained the 

standard as of its applicable attainment 

date of June 15, 2010. Thus, in 

accordance with CAA section 181(b)(2), 

EPA is also proposing to determine that 

the Rhode Island area has attained the 

standard by its applicable attainment 

date. 

EPA is soliciting public comment on 

the issues discussed in this notice or on 

other relevant matters pertaining to this 

rulemaking action. These comments 

will be considered before EPA takes 

final action. Interested parties may 

participate in the Federal rulemaking 

procedure by submitting written 

comments to the EPA New England 

Regional Office listed in the ADDRESSES

section of this Federal Register. 

V. Proposed Actions 

EPA is proposing to determine that 

the Providence (All of Rhode Island) 

1997 8-hour ozone moderate 

nonattainment area continues to attain 

the 1997 8-hour ozone standard, based 

on complete, quality-assured data from 

2007 through 2009. As provided in 40 

CFR 51.918, if EPA finalizes this 

determination, the requirements for 

Rhode Island to submit planning SIPs 

related to attainment of the 1997 8-hour 

ozone NAAQS for this area remain 

suspended, for so long as the area 

continues to attain the standard.1 In 

addition, under section 181(b)(2)(A) of 

the Clean Air Act and the provisions of 

EPA’s ozone implementation rule (see 

40 CFR 51.902(a)), EPA is proposing to 

determine that this area has attained the 

1997 ozone NAAQS by its applicable 

attainment date of June 15, 2010. 

VI. Statutory and Executive Order 

Reviews 

Theses actions propose to make 

determinations of attainment based on 

air quality, and would, if finalized, 

result in the continued suspension of 

certain Federal requirements, and 

would not impose additional 

requirements beyond those imposed by 

state law. For that reason, these 

proposed actions: 


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Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Proposed Rules 44181 

• Are 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); 

• 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 the 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. 

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. 

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

Dated: July 15, 2010. 

H. Curtis Spalding, 

Regional Administrator, EPA New England. 

[FR Doc. 2010–18553 Filed 7–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2010-0423; FRL–8835–7] 

Mevinphos; Proposed Data Call-in 

Order for Pesticide Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed order. 

SUMMARY: This document proposes to 

require the submission of various data 

required to support the continuation of 

the tolerances for the pesticide 

mevinphos. Pesticide tolerances are 

established under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: Comments must be received on 

or before September 27, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0423, by 

one of the following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2010– 

0423. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line 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 regulations.gov or email. The regulations.gov website 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., 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 in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: K. 

Avivah Jakob, Pesticide Re-evaluation 

Division, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave, NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–1328; e-mail address: 

jakob.kathryn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 


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