20166 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 

1An ‘‘expected number’’ of exceedances is a 

statistical term that refers to an arithmetic average. 

An ‘‘expected number’’ of exceedances may be 

equivalent to the number of observed exceedances 

plus an increment that accounts for incomplete 

sampling. See, 40 CFR part 50, appendix H. 

Because, in this context, the term ‘‘exceedances’’ 

refers to days (during which the daily maximum 

hourly ozone concentration exceeded 0.124 ppm), 

the maximum possible number of exceedances in a 

given year is 365 (or 366 in a leap year). 

the Captain of the Port, Hampton Roads 

or his designated representatives. 

(3) All vessels underway within this 

safety zone at the time it is implemented 

are to depart the zone immediately. 

(4) The Captain of the Port, Hampton 

Roads or his representative can be 

contacted at telephone number (757) 

668–5555. 

(5) The Coast Guard vessels enforcing 

the safety zone can be contacted on 

VHF–FM marine band radio channel 13 

(165.65Mhz) and channel 16 (156.8 

Mhz). 

(6) This section applies to all persons 

or vessels wishing to transit through the 

safety zone except participants and 

vessels that are engaged in the following 

operations: 

(i) Enforcing laws; 

(ii) Servicing aids to navigation; and 

(iii) Emergency response vessels. 

(7) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Enforcement Period. This rule will 

be enforced from 9:30 p.m. to 10:30 p.m. 

on April 28, 2015. 

Dated: April 3, 2015. 

Christopher S. Keane, 

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

Port Hampton Roads. 

[FR Doc. 2015–08659 Filed 4–14–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0612; FRL–9925–32– 

Region–9] 

Determination of Attainment of the 1- 

Hour Ozone National Ambient Air 

Quality Standard in the Southeast 

Desert Nonattainment Area in 

California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Southeast Desert nonattainment area has 

attained the 1-hour ozone National 

Ambient Air Quality Standard. This 

determination is based on complete, 

quality-assured, and certified data for 

the most recent three-year period (2011– 

2013). Preliminary data available 

through December 2014 are consistent 

with continued attainment. 

DATES: This final rule is effective on 

May 15, 2015. 

ADDRESSES: The EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2014–0612. The index to the docket for 

this action is available electronically at 

http://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 in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), EPA 

Region IX, (415) 972–3856, 

kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On August 25, 2014 (79 FR 50574), 

the EPA proposed to determine that the 

Southeast Desert 1-hour ozone 

nonattainment area has attained the 1- 

hour ozone National Ambient Air 

Quality Standard (NAAQS or 

‘‘standard’’), based on complete, qualityassured and certified ambient air quality 

data for the 2011 to 2013 monitoring 

period. The Southeast Desert 1-hour 

ozone nonattainment area covers the 

Victor Valley/Barstow region in San 

Bernardino County, the Coachella 

Valley region in Riverside County, and 

the Antelope Valley portion of Los 

Angeles County (see 40 CFR 81.305 for 

the precise boundaries of the 1-hour 

ozone nonattainment area). 

Our proposed rule provides 

background information on the 1-hour 

ozone standard; the designations and 

classifications of the Southeast Desert 

under the Clean Air Act (CAA or ‘‘Act’’) 

for the 1-hour ozone standard; EPA’s 

prior determination that the Southeast 

Desert failed to attain the 1-hour ozone 

standard by the 2007 applicable 

attainment date based on 2005–2007 

ozone data; and the recent request by 

the State of California to make a finding 

of attainment of the 1-hour ozone 

standard for the Southeast Desert in 

light of improved ozone conditions in 

the area. See 79 FR 50574, at 50575. We 

also described how we determine 

whether an area’s air quality meets the 

1-hour ozone standard; identified the 

relevant air monitoring agencies in the 

Southeast Desert and their respective 

ozone monitoring networks and 

monitoring network plans; and 

documented our previous review of the 

networks and network plans, the 

agencies’ annual certifications of 

ambient air monitoring data, and our 

determination of completeness for 

2011–2013 data from the eight 

monitoring sites within the Southeast 

Desert. See 79 FR 50574, at 50576. 

Please see our proposed rule for more 

information concerning these topics. 

Our proposed rule included a table of 

‘‘expected exceedences’’ for the 

Southeast Desert nonattainment area. 

See 79 FR 50574, at 50577. As explained 

in our proposed rule, an area is 

considered to have attained the 1-hour 

ozone standard if there are no violations 

of the standard, in accordance with 40 

CFR 50.9 and based on three 

consecutive calendar years of complete, 

quality-assured and certified monitoring 

data. A violation occurs when the 

‘‘expected number’’ of days per calendar 

year with maximum hourly average 

concentrations above 0.12 ppm is 

greater than one (1.0) at any site in the 

area, when averaged over three 

consecutive calendar years.1 An 

exceedance occurs when the maximum 

hourly ozone concentration during any 

day exceeds 0.124 ppm. For more 

information, please see ‘‘National 1- 

hour primary and secondary ambient air 

quality standards for ozone’’ (40 CFR 

50.9) and ‘‘Interpretation of the 1-Hour 

Primary and Secondary National 

Ambient Air Quality Standards for 

Ozone’’ (40 CFR part 50, appendix H). 

Based on our review of the monitoring 

data, and taking into account the extent 

and reliability of the applicable ozone 

monitoring network, we proposed to 

determine that the Southeast Desert has 

attained the 1-hour ozone standard 

based on complete, certified and 

quality-assured data for the 2011–2013 

period. In our proposed rule, we 

indicated that we would review 

preliminary data for 2014 prior to taking 

final action. We have now done so and 

find that preliminary data for 2014, from 

January through December, for the 

ozone monitoring sites in the Southeast 

Desert are consistent with continued 

attainment. 

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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 20167 

II. Public Comments 

EPA received no comments on the 

proposed action during the comment 

period. 

III. Final Action 

EPA is determining that the Southeast 

Desert nonattainment area has attained 

the 1-hour ozone National Ambient Air 

Quality Standard, based on complete, 

quality-assured and certified ambient air 

quality monitoring data for the 2011 to 

2013 monitoring period. Preliminary 

data available for 2014, from January 

through December, are consistent with 

continued attainment. 

IV. Statutory and Executive Order 

Reviews 

This action makes a determination 

based on air quality data and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this proposed 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); 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, 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 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 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 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 June 15, 2015. 

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, 

Oxides of nitrogen, Ozone, Volatile 

organic compounds. 

Dated: April 6, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

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 F—California 

■ 2. Section 52.282 is amended by 

adding paragraph (g) to read as follows: 

§ 52.282 Control strategy and regulations: 

Ozone. 

* * * * * 

(g) Determination of attainment. EPA 

has determined that, as of May 15, 2015, 

the Southeast Desert 1-hour ozone 

nonattainment area has attained the 1- 

hour ozone standard, based upon 

complete, quality-assured and certified 

ambient air quality monitoring data for 

2011–2013. 

[FR Doc. 2015–08582 Filed 4–14–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Parts 1515 and 1552 

[EPA–HQ–OARM–2015–0182; FRL 9923–85– 

OARM] 

Environmental Protection Agency 

Acquisition Regulation (EPAAR); 

Source Selection and Payments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

remove source selection guidance and 

clauses that are not consistent with 

current EPA internal operating 

procedures for source selections. 

Additionally, EPA is deleting a clause 

for Payments—Fixed Rate Services 

Contracts because it is inconsistent with 

sections in the Federal Acquisition 

Regulation (FAR). EPA does not 

anticipate any adverse comments. 

DATES: This rule is effective on June 15, 

2015 without further notice, unless 

adverse comment is received May 15, 

2015. If adverse comment is received, 

the EPA will publish a timely 

withdrawal of the rule in the Federal 

Register. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2015–0182 by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: docket.oei@epa.gov 

• Fax: (202) 566–1753 

• Mail: EPA–HQ–OARM–2015–0182, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket 

Center—Attention OEI Docket, EPA 

West, Room B102, 1301 Constitution 

Ave. NW., Washington DC 20004. Such 

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