36316 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

a Photoelectric Boat Detection System to 

prevent the span from lowering if there 

is an obstruction under the span. If the 

drawbridge cannot be opened 

immediately, the remote drawbridge 

operator will notify the calling vessel 

and provide an estimated time for a 

drawbridge opening. 

* * * * * 

Dated: June 11, 2010. 

Mary E. Landry, 

Rear Admiral, U.S. Coast Guard, Commander 

8th Coast Guard District. 

[FR Doc. 2010–15397 Filed 6–24–10; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2010–0113; FRL–9168–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Determination of 

Attainment of the 1997 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that the Baton Rouge, 

Louisiana moderate 1997 8-hour ozone 

nonattainment area has attained the 

1997 8-hour National Ambient Air 

Quality Standard (NAAQS) for ozone. 

This proposed 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 since the 2006–2008 

monitoring period, and continues to 

monitor attainment of the NAAQS based 

on 2009 data. If this proposed 

determination is made final, 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 8-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. 

DATES: Written comments must be 

received on or before July 26, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2010–0113, by one of the 

following methods: 

Federal Rulemaking 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. Guy Donaldson at 

donaldson.guy@epa.gov. Please also 

send a copy by email to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section below. 

Fax: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), at fax 

number 214–665–7263. 

Mail: Mr. Guy Donaldson, Chief, Air 

Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 1200, Dallas, Texas 

75202–2733. 

Hand or Courier Delivery: Mr. Guy 

Donaldson, Chief, Air Planning Section 

(6PD–L), 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– 

0113. 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 

the disclosure of which is restricted by 

statute. Do not submit information 

through http://www.regulations.gov or 

e-mail that you consider to be CBI or 

otherwise protected from disclosure. 

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 docket 

are listed in the http:// 

www.regulations.gov index. 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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. The file will be made 

available by appointment for public 

inspection in the Region 6 FOIA Review 

Room between the hours of 8:30 a.m. 

and 4:30 p.m. weekdays except for legal 

holidays. Contact the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below to make an 

appointment. If possible, please make 

the appointment at least two working 

days in advance of your visit. There will 

be a fee of 15 cents per page for making 

photocopies of documents. On the day 

of the visit, please check in at the EPA 

Region 6 reception area at 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sandra Rennie, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7367, fax (214) 

665–7263, e-mail address 

rennie.Sandra@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 action Is EPA taking? 

II. What is the effect of this action? 

III. What is the background for this action? 

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

Quality Data? 

V. Proposed Action 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

EPA is proposing to determine that 

the Baton Rouge, Louisiana moderate 

1997 8-hour ozone nonattainment area 

(hereafter the Baton Rouge area) has 

attained the 1997 8-hour National 

Ambient Air Quality Standard (NAAQS) 

for ozone. This proposed determination 

is based upon complete, quality assured 

and certified ambient air monitoring 

data that show the area has monitored 

attainment of the ozone NAAQS since 

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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 36317 

the 2006–2008 monitoring period, and 

monitoring data that continue to show 

attainment of the NAAQS based on 2009 

data in the Air Quality System (AQS) 

database. Preliminary data available to 

date for the 2010 ozone season are also 

consistent with continued attainment. 

II. What is the effect of this action? 

If this proposed determination is 

made final, under the provisions of 

EPA’s ozone implementation rule (see 

40 CFR Section 51.918), the 

requirements for the Baton Rouge area 

to submit an attainment demonstration, 

a reasonable further progress plan, 

section 172(c)(9) contingency measures, 

and any other State Implementation 

Plan (SIP) planning measures related to 

attainment of the 1997 8-hour ozone 

NAAQS would be suspended for so long 

as the area continues to attain the ozone 

NAAQS. 

This proposed action, if finalized, 

would not constitute a redesignation to 

attainment under 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 it meets all 

the CAA requirements for redesignation 

to attainment. 

If this rulemaking is finalized and 

EPA subsequently determines, after 

notice-and-comment rulemaking in the 

Federal Register, that the area has 

violated the 1997 8-hour ozone 

standard, the basis for the suspension of 

these requirements would no longer 

exist, and the area would thereafter have 

to address the pertinent CAA 

requirements. 

III. What is the background for this 

action? 

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 Baton Rouge area (specifically, 

Ascension, East Baton Rouge, Iberville, 

Livingston, and West Baton Rouge 

Parishes) was designated as a marginal 

ozone nonattainment area. The Baton 

Rouge area was reclassified to moderate 

on March 21, 2008, effective on April 

21, 2008 (73 FR 15087). Recent air 

quality data indicate that the Baton 

Rouge area is now attaining the 1997 

8-hour ozone standard. 

IV. What is EPA’s analysis of the 

relevant air quality data? 

The EPA has reviewed the Baton 

Rouge area’s 2006–2008 ambient air 

monitoring data for ozone consistent 

with the requirements contained in 40 

CFR part 50 and recorded in the EPA 

AQS database. On the basis of that 

review, EPA has concluded that this 

area attained the 1997 8-hour ozone 

standard at the end of the 2008 ozone 

season, based on three years of 

complete, quality-assured and state 

certified 2006–2008 ozone data. In 

addition, ozone data for 2007–2009, also 

in AQS, show the area continues to 

attain the 1997 8-hour ozone NAAQS. 

Under EPA regulations at 40 CFR part 

50, the 1997 8-hour ozone standard is 

attained 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 

monitor within the area, then the area 

is meeting the NAAQS. (See 69 FR 

23857 (April 30, 2004) for further 

information.) 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 Baton Rouge, 

Louisiana nonattainment area monitors 

for the years 2006–2009. 

TABLE 1—FOURTH HIGH 8-HOUR OZONE AVERAGE CONCENTRATIONS AND DESIGN VALUES (PPM) IN THE BATON ROUGE

AREA 1

Site 

4th Highest daily max Design values three year 

averages 

2006 2007 2008 2009 2006–2008 2007–2009 

Plaquemine (22–047–0009) ............................................. 0.083 0.079 0.076 0.071 0.079 0.075 

Carville (22–047–0012) .................................................... 0.085 0.086 0.073 0.076 0.081 0.078 

Dutchtown (22–005–0004) ............................................... 0.087 0.088 0.074 0.074 0.083 0.078 

Baker (22–033–1001) ...................................................... 0.091 0.077 0.071 0.071 0.079 0.073 

LSU (22–033–0003) ......................................................... 0.085 0.085 0.072 0.084 0.080 0.080 

Grosse Tete (22–047–0007) ............................................ 0.086 0.084 0.071 0.070 0.080 0.075 

Port Allen (22–121–0001) ................................................ 0.087 0.076 0.072 0.072 0.078 0.073 

Pride (22–033–0013) ....................................................... 0.082 0.077 0.074 0.072 0.077 0.074 

French Settlement (22–063–0002) .................................. 0.079 0.084 0.075 0.075 0.079 0.078 

Capitol (22–033–0009) .................................................... 0.084 0.074 0.067 0.076 0.075 0.072 

1 Unlike for the 1-hour ozone standard, design value calculations for the 1997 8-hour ozone standard are based on a rolling three-year average of the annual 4th highest values (40 CFR part 50, Appendix I). 

EPA’s review of these data shows that 

the Baton Rouge ozone nonattainment 

area has met and continues to meet the 

1997 8-hour ozone NAAQS. Data for 

2007–2009, show the area continues to 

attain the 1997 8-hour ozone NAAQS. 

Preliminary data available to date for 

the 2010 ozone season are consistent 

with continued attainment. EPA is 

soliciting public comments 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 Region 6 Office 

listed in the ADDRESSES section of this 

Federal Register. 

V. Proposed Action 

EPA is proposing to determine that 

the Baton Rouge 1997 8-hour ozone 

moderate nonattainment area has 

attained the 1997 8-hour ozone 

standard, based on complete, quality 

assured data through 2008, and data for 

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36318 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Proposed Rules 

2007–2009 indicating continued 

attainment. Preliminary data for the 

2010 ozone season available to date are 

consistent with continued attainment. 

As provided in 40 CFR 51.918, if EPA 

finalizes this determination, it would 

suspend the requirements for the Baton 

Rouge area to submit planning SIPs 

related to attainment of the 1997 8-hour 

ozone NAAQS for this area, for so long 

as the area continues to attain the 

standard. 

VI. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would, if finalized, 

result in the suspension of certain 

Federal requirements, and would 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 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 

• 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 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, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

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

Dated: June 14, 2010. 

Lawrence E. Starfield, 

Acting Regional Administrator, Region 6. 

[FR Doc. 2010–15471 Filed 6–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 100216088–0093–01] 

RIN 0648–AY69 

List of Fisheries for 2011 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

proposed List of Fisheries (LOF) for 

2011, as required by the Marine 

Mammal Protection Act (MMPA). The 

proposed LOF for 2011 reflects new 

information on interactions between 

commercial fisheries and marine 

mammals. NMFS must classify each 

commercial fishery on the LOF into one 

of three categories under the MMPA 

based upon the level of serious injury 

and mortality of marine mammals that 

occurs incidental to each fishery. The 

classification of a fishery in the LOF 

determines whether participants in that 

fishery are subject to certain provisions 

of the MMPA, such as registration, 

observer coverage, and take reduction 

plan requirements. 

DATES: Comments must be received by 

August 24, 2010. 

ADDRESSES: Send comments by any one 

of the following methods. 

(1) Electronic Submissions: Submit all 

electronic comments through the 

Federal eRulemaking portal: http:// 

www.regulations.gov (follow 

instructions for submitting comments). 

(2) Mail: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Attn: 

List of Fisheries, Office of Protected 

Resources, NMFS, 1315 East-West 

Highway, Silver Spring, MD 20910. 

Comments regarding the burden-hour 

estimates, or any other aspect of the 

collection of information requirements 

contained in this proposed rule, should 

be submitted in writing to Chief, Marine 

Mammal and Sea Turtle Conservation 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Silver 

Spring, MD 20910, or to David Rostker, 

OMB, by fax to 202–395–7285 or by email to David_Rostker@omb.eop.gov. 

Instructions: No comments will be 

posted for public viewing until after the 

comment period has closed. All 

comments received are a part of the 

public record and will generally be 

posted to http://www.regulations.gov 

without change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter ‘‘N/A’’ in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

PDF file formats only. 

See SUPPLEMENTARY INFORMATION for a 

listing of all Regional Offices. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Andersen, Office of Protected 

Resources, 301–713–2322; David 

Gouveia, Northeast Region, 978–281– 

9280; Laura Engleby, Southeast Region, 

727–551–5791; Elizabeth Petras, 

Southwest Region, 562–980–3238; Brent 

Norberg, Northwest Region, 206–526– 

6733; Bridget Mansfield, Alaska Region, 

907–586–7642; Lisa Van Atta, Pacific 

Islands Region, 808–944–2257. 

Individuals who use a 

telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1–800– 

877–8339 between 8 a.m. and 4 p.m. 

Eastern time, Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Availability of Published Materials 

Information regarding the LOF and 

the Marine Mammal Authorization 

Program, including registration 

procedures and forms, current and past 

LOFs, observer requirements, and 

marine mammal injury/mortality 

reporting forms and submittal 

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