Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 11119 

14. Environment 

We have analyzed this proposed 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 made a preliminary determination 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule involves establishment of a 

temporary safety zone. This rule may be 

categorically excluded from further 

review under paragraph 34(g) of Figure 

2–1 of the Commandant Instruction. A 

preliminary environmental analysis 

checklist supporting this determination 

is available in the docket where 

indicated under ADDRESSES. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and record keeping 

requirements, waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREA 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C 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.T01.0013 to read as 

follows: 

§ 165.T01–0013 Safety Zone; Mamaroneck 

Beach and Yacht Club Fireworks, 

Mamaroneck Harbor, Long Island Sound, 

NY 

(a) Regulated Area. The following area 

is a temporary safety zone: All navigable 

waters of Long Island Sound within a 

240-yard radius of the fireworks barge 

located in approximate position 

40°56′24.95′′ N, 073°43′00.39′′ W, in the 

vicinity of Orienta Point, NY. 

(b) Effective Period. This rule will be 

effective from approximately 8:00 p.m. 

until approximately 9:30 p.m. on May 

11, 2013. 

(c) Definitions. The following 

definitions apply to this section: 

(1) Designated Representative. A 

‘‘designated representative’’ is any Coast 

Guard commissioned, warrant or petty 

officer of the U.S. Coast Guard who has 

been designated by the Captain of the 

Port Sector New York (COTP), to act on 

his or her behalf. The designated 

representative may be on an official 

patrol vessel or may be on shore and 

will communicate with vessels via 

VHF–FM radio or loudhailer. In 

addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

(2) Official Patrol Vessels. Official 

patrol vessels may consist of any Coast 

Guard, Coast Guard Auxiliary, state, or 

local law enforcement vessels assigned 

or approved by the COTP. 

(d) Regulations. 

(1) The general regulations contained 

in 33 CFR 165.23, as well as the 

following regulations, apply. 

(2) No vessels, except for fireworks 

barge and accompanying vessels, will be 

allowed to transit the safety zone 

without the permission of the COTP. 

(3) All persons and vessels shall 

comply with the instructions of the 

COTP or the designated representative. 

Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of a 

vessel shall proceed as directed. 

(4) Vessel operators desiring to enter 

or operate within the regulated area 

shall contact the COTP or the 

designated representative via VHF 

channel 16 or 718–354–4353 (Sector 

New York command center) to obtain 

permission to do so. 

Dated: January 30, 2013. 

G.P. Hitchen, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port New York. 

[FR Doc. 2013–03551 Filed 2–14–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2012–0393; FRL–9779–4] 

RIN 2060–AQ38 

Air Quality: Revision to Definition of 

Volatile Organic Compounds— 

Exclusion of trans 1-chloro-3,3,3- 

trifluoroprop-1-ene [SolsticeTM

1233zd(E)] 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

revise the definition of volatile organic 

compounds (VOCs) for purposes of 

preparing state implementation plans 

(SIPs) to attain the national ambient air 

quality standards for ozone under title 

I of the Clean Air Act (CAA). This 

proposed revision would add trans 1- 

chloro-3,3,3-trifluoroprop-1-ene (also 

known as SolsticeTM 1233zd(E)) to the 

list of compounds excluded from the 

definition of VOCs on the basis that this 

compound makes a negligible 

contribution to tropospheric ozone 

formation. In the ‘‘Rules and 

Regulations’’ section of this Federal 

Register, we are making these same 

amendments as a direct final rule 

without a prior proposed rule. If we 

receive no adverse comment, we will 

not take further action on this proposed 

rule. 

DATES: Comments must be received on 

or before April 1, 2013. 

Public Hearing: If anyone contacts the 

EPA requesting to present oral 

testimony at a public hearing 

concerning the proposed regulation by 

February 25, 2013, we will hold a public 

hearing on March 4, 2013. If a public 

hearing is held, it will be held at 10 a.m. 

at Building C on the EPA campus in 

Research Triangle Park, NC, or at an 

alternate site nearby. Please refer to 

SUPPLEMENTARY INFORMATION for 

additional information on the comment 

period and the public hearing. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2012–0393, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: a-and-rDocket@epamail.epa.gov, Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0393. 

• Fax: 202–566–1541, Attention 

Docket ID No. EPA–HQ–OAR–2012– 

0393. 

• Mail: Docket ID No. EPA–HQ– 

OAR–2012–0393, Environmental 

Protection Agency, Mailcode: 6102T, 

1200 Pennsylvania Ave. NW., 

Washington, DC 20460. 

• Hand Delivery: EPA Docket Center, 

U.S. Environmental Protection Agency, 

1301 Constitution Avenue NW., Room: 

3334, Mail Code: 6102T, Washington, 

DC 20460, Attention Docket ID No. 

EPA–HQ–OAR–2012–0393. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2012– 

0393. The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

www.regulations.gov, including any 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
11120 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 

1Trans 1-chloro-3,3,3-trifluoroprop-1-ene will 

also be marketed by Honeywell under the trade 

names SolsticeTM N12 Refrigerant, SolsticeTM

Liquid Blowing Agent, SolsticeTM LBA, and 

SolsticeTM Performance Fluid. 

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 www.regulations.gov, 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means the EPA will not know 

your identity or contact information 

unless you provide it in the body of 

your comment. If you send an email 

comment directly to the EPA without 

going through www.regulations.gov, 

your email 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, the 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 the EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

the 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. For additional 

information about the EPA’s public 

docket, visit the EPA Docket Center 

homepage at http://www.epa.gov/ 

epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the 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, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov or in hard copy at 

the Docket ID No. EPA–HQ–OAR–2012– 

0393, EPA/DC, EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the Air and Radiation is (202) 566–1742. 

FOR FURTHER INFORMATION CONTACT: 

David Sanders, Office of Air Quality 

Planning and Standards, Air Quality 

Policy Division, Mail Code C539–01, 

Research Triangle Park, NC 27711; 

telephone: (919) 541–3356; fax number: 

919–541–0824; email address: 

sanders.dave@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Why is the EPA using a direct final 

rule? 

This proposed action would revise the 

EPA’s definition of VOCs for purposes 

of preparing SIPs to attain the NAAQS 

for ozone under title I of the CAA, by 

adding trans 1-chloro-3,3,3- 

trifluoroprop-1-ene (also known as 

SolsticeTM 1233zd(E)) to the list of 

compounds excluded from the 

definition of VOCs on the basis that this 

compound makes a negligible 

contribution to tropospheric ozone 

formation.1 We are publishing a direct 

final rule in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register because we view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. The 

regulatory text for the proposal is 

identical to that for the direct final rule 

published in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register. For further supplementary 

information, the detailed rationale for 

the proposal and the regulatory 

revisions, see the direct final rule 

published in a separate part of this 

Federal Register. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule, and it will not take effect. We 

would address all public comments in 

any subsequent final rule base on this 

proposed rule. We do not intend to 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. For 

further information, please see the 

information provided in the ADDRESSES

section of this document. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this 

proposal will also be available on the 

World Wide Web. Following signature 

by the EPA Administrator, a copy of this 

action will be posted on the EPA’s Web 

site www.epa.gov/ttn/oarpg/new.html. 

C. What should I consider as I prepare 

my comments for the EPA? 

Submitting CBI: Do not submit this 

information to the EPA through 

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to the EPA, mark the outside 

of the disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. Send or deliver 

information identified as CBI only to the 

following address: Roberto Morales, 

OAQPS Document Control Officer 

(C404–02), U.S. EPA, Research Triangle 

Park, NC 27711, Attention Docket ID 

No. EPA–HQ–OAR–2012–0393. 

D. How can I find information about a 

possible public hearing? 

Public Hearing: If anyone contacts the 

EPA requesting to present oral 

testimony at a public hearing 

concerning the proposed regulation by 

February 25, 2013, we will hold a public 

hearing on March 4, 2013. If a public 

hearing is held, it will be held at 10 a.m. 

at Building C on the EPA campus in 

Research Triangle Park, NC, or at an 

alternate site nearby. Persons interested 

in presenting oral testimony must 

contact Pamela Long, Office of Air 

Quality Planning and Standards, Air 

Quality Policy Division, Mail Code 

C504–01, Research Triangle Park, NC 

27711; telephone: (919) 541–0641; fax 

number: 919–541–5509; email address: 

long.pam@epa.gov, no later than 

February 25, 2013. Persons interested in 

attending the public hearing if one is 

held must also call Ms. Long to verify 

the time, date and location of the 

hearing. If no one contacts Ms. Long by 

February 25, 2013 with a request to 

present oral testimony at the hearing, 

we will cancel the hearing. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993), and is therefore not 

subject to review under Executive 

Orders 12866 and 13563 (76 FR 3821, 

January 21, 2011). 


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Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 11121 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). It does not 

contain any recordkeeping or reporting 

requirement. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the proposed rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Small entities include small businesses, 

small organizations, and small 

governmental jurisdictions. 

For purposes of assessing the impacts 

of this notice on small entities, small 

entity is defined as: (1) A small business 

that is a small industrial entity as 

defined in the U.S. Small Business 

Administration (SBA) size standards. 

(See 13 CFR 121.); (2) A governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) A small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of today’s proposed rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. In determining whether a rule 

has a significant economic impact on a 

substantial number of small entities, the 

impact of concern is any significant 

adverse economic impact on small 

entities, since the primary purpose of 

the regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the rule 

on small entities.’’ 5 U.S.C. 603 and 604. 

Thus, an agency may certify that a rule 

will not have a significant economic 

impact on a substantial number of small 

entities if the rule relieves regulatory 

burden, or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. This 

proposed rule would remove SolsticeTM

1233zd(E) from the definition of VOCs 

and thereby relieves users of the 

compound from requirements to control 

emissions of the compound. We have 

therefore concluded that today’s 

proposed rule will relieve regulatory 

burden for all affected small entities. 

D. Unfunded Mandates Reform Act 

This action contains no federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for state, local or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 and 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. This 

proposed rule would remove SolsticeTM

1233zd(E) from the definition of VOCs 

and thereby relieves users of the 

compound from requirements to control 

emissions of the compound. 

E. Executive Order 13132—Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This proposed 

rule would remove SolsticeTM 1233zd(E) 

from the definition of VOCs and thereby 

relieves users from requirements to 

control emissions of the compound. 

Thus, Executive Order 13132 does not 

apply to this rule. In the spirit of 

Executive Order 13132, and consistent 

with EPA policy to promote 

communications between EPA and state 

and local governments, EPA specifically 

solicits comment on this proposed 

action from state and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It would not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

Government and Indian Tribes, or on 

the distribution of power and 

responsibilities between the federal 

government and Indian Tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. The EPA specifically 

solicits additional comment on this 

proposed action from tribal officials 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This action is not subject to EO 13045 

(62 FR 19885, April 23, 1997) because 

it is not economically significant as 

defined in EO 12866. This action’s 

health and risk assessments are 

contained in the direct final rule 

publishing in the ‘‘Rules and 

Regulations’’ section of this Federal 

Register and within the docket for this 

rulemaking. While this proposed rule is 

not subject to the Executive Order, the 

EPA has reason to believe that ozone 

has a disproportionate effect on active 

children who play outdoors (62 FR 

38856; 38859, July 18, 1997). The EPA 

has not identified any specific studies 

on whether or to what extent SolsticeTM

1233zd(E) may affect children’s health. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, section 12(d), (15 U.S.C. 272 

note) directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

the EPA to provide Congress, through 

OMB, explanations when the agency 

decides not to use available and 

applicable voluntary consensus 

standards. This rulemaking does not 

involve technical standards. Therefore, 

the EPA has not considered the use of 

any voluntary consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629, Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
11122 Federal Register / Vol. 78, No. 32 / Friday, February 15, 2013 / Proposed Rules 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. 

List of Subjects in 40 CFR Part 51 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: February 4, 2013. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2013–03063 Filed 2–14–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0954; FRL–9781–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Motor Vehicle 

Emissions Budgets for the 

Pennsylvania Counties in the 

Philadelphia-Wilmington, PA-NJ-DE 

1997 Fine Particulate Matter 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Pennsylvania 

(Pennsylvania). This proposed revision 

consists of an update to the SIPapproved Motor Vehicle Emissions 

Budgets (MVEBs) for the Pennsylvania 

counties in the PhiladelphiaWilmington, PA-NJ-DE 1997 fine 

particulate matter (PM2.5) 

Nonattainment Area (hereafter referred 

to as the Philadelphia Area) to reflect 

the use of the most recent version of the 

Motor Vehicle Emission Simulator 

model (MOVES). Those counties are: 

Philadelphia, Montgomery, Delaware, 

Chester, and Bucks Counties. This 

rulemaking proposes to approve the 

MVEBs and thereby make them 

available for transportation conformity 

purposes. EPA determined on May 16, 

2012 that the Philadelphia Area attained 

the 1997 PM2.5 National Ambient Air 

Quality Standard (NAAQS) by the 

applicable attainment date. Approval of 

this SIP revision will not interfere with 

the Philadelphia Area’s ability to 

continue to attain the 1997 PM2.5

NAAQS. This action is being taken 

under section 110 of the Clean Air Act 

(CAA). 

DATES: Written comments must be 

received on or before March 18, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0954 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0954, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0954. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

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 www.regulations.gov 

or email. The 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 email 

comment directly to EPA without going 

through www.regulations.gov, your 

email 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 

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 www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality 

Control, P.O. Box 8468, 400 Market 

Street, Harrisburg, Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Asrah Khadr, (215) 814–2071, or by 

email at khadr.asrah@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

determined on May 16, 2012 (77 FR 

28782) that the Philadelphia Area 

attained the 1997 PM2.5 NAAQS by the 

applicable attainment date, April 5, 

2010. On November 6, 2012, the 

Pennsylvania DEP submitted a draft SIP 

revision to update the SIP-approved 

MVEBs for the Philadelphia Area to 

reflect the use of the most recent version 

of the MOVES model. On January 29, 

2013, Pennsylvania DEP submitted its 

formal, final SIP revision to update the 

SIP-approved MVEBs for the 

Philadelphia Area. 

I. Background 

The currently SIP-approved MVEBs 

for the Philadelphia Area were 

developed using the Highway Mobile 

Source Emission Factor Model 

(MOBILE6.2). On March 2, 2010 (75 FR 

9411), EPA published a notice of 

availability for the MOVES2010 model 

for use in developing MVEBs for SIPs 

and for conducting transportation 

conformity analyses. EPA commenced a 

two year grace period after which time 

the MOVES2010 model would have to 

be used for transportation conformity 

purposes. The two year grace period 

was scheduled to end on March 2, 2012. 

On February 27, 2012 (77 FR 11394), 

EPA published a final rule extending 

the grace period for one more year to 

March 2, 2013 to ensure adequate time 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS