3838 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 

1142 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–1142 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

e-mail David Frank, Bridge 

Administration Branch; telephone 504– 

671–2128, e-mail 

David.m.frank@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: The CSX 

Transportation has requested a 

temporary deviation from the operating 

schedule for the Swing Span Bridge 

across Chickasaw Creek, mile 0.0, in 

Mobile, Alabama. The bridge has a 

vertical clearance of 6 feet above mean 

high water in the closed-to-navigation 

position and unlimited in the open-tonavigation position. 

In accordance with 33 CFR 117.5, the 

bridge currently opens on signal for the 

passage of vessels. This deviation allows 

the bridge to remain closed to 

navigation for two (2) four-hour periods 

on two consecutive days with a onehour opening in the middle of the 

closures. The bridge will remain closed 

to navigation from 7 a.m. until 11 a.m. 

and from noon until 4 p.m. on Tuesday, 

February 8, 2011 and Wednesday, 

February 9, 2011. At all other times, the 

bridge will open on signal for the 

passage of vessels. 

The closure is necessary in order to 

change out railroad ties on the bridge. 

This maintenance is essential for the 

continued operation of the bridge. 

Notices will be published in the Eighth 

Coast Guard District Local Notice to 

Mariners and will be broadcast via the 

Coast Guard Broadcast Notice to 

Mariners System. 

Navigation on the waterway consists 

mainly of tugs with tows and ships. As 

a result of coordination between the 

Coast Guard and the waterway users, 

this closure has been scheduled to 

minimize the possibility of any 

significant effects on these vessels. 

There are no alternate routes available 

to vessel traffic. The bridge will not be 

able to open for emergencies. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: January 3, 2011. 

David M. Frank, 

Bridge Administrator. 

[FR Doc. 2011–1200 Filed 1–20–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R02–OAR–2010–0688, FRL–9255–5] 

Approval and Promulgation of OneYear Extension for Attaining the 1997 

8-Hour Ozone Standard for the New 

Jersey Portion of the PhiladelphiaWilmington-Atlantic City Moderate 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving an 

extension from June 15, 2010 to June 15, 

2011 of the applicable attainment date 

for the New Jersey portion of the 

Philadelphia-Wilmington-Atlantic City 

1997 8-hour ozone nonattainment area 

(Philadelphia Area), which is classified 

as moderate nonattainment for the 1997 

8-hour ozone national ambient air 

quality standard (NAAQS). This 

extension is based in part on complete, 

quality-assured air quality data recorded 

during the 2009 ozone season. In 

accordance with requirements for a 1- 

year extension, the Philadelphia Area’s 

4th highest daily 8-hour monitored 

ozone value during the 2009 ozone 

season at each monitor in the area is less 

than 0.084 parts per million (ppm). EPA 

is revising the table with regard to the 

8-hour ozone attainment date for the 

New Jersey portion of the Philadelphia 

Area. 

DATES: Effective Date: This rule is 

effective on February 22, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R02–OAR–2010–0688. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. 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 electronically through 

http://www.regulations.gov or in hard 

copy at the Environmental Protection 

Agency, Region II Office, Air Programs 

Branch, 290 Broadway, 25th Floor, New 

York, New York 10007–1866. This 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

telephone number is 212–637–4249. 

FOR FURTHER INFORMATION CONTACT: Paul 

Truchan, Air Programs Branch, 

Environmental Protection Agency, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866, (212) 637–4249. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 23, 2010, the State of New 

Jersey requested a one-year attainment 

date extension for the Philadelphia 

Area. The Philadelphia Area, which is 

classified as moderate for the 1997 

8-hour ozone National Ambient Air 

Quality Standards (NAAQS), consists of 

Cecil County in Maryland; Bucks, 

Chester, Delaware, Montgomery and 

Philadelphia Counties in Pennsylvania; 

the entire State of Delaware; and 

Atlantic, Burlington, Camden, Cape 

May, Cumberland, Gloucester, Mercer, 

Ocean, and Salem Counties in New 

Jersey. Since this area was classified as 

a moderate ozone nonattainment area, 

the statutory ozone attainment date, as 

prescribed by section 181(a) of the Clean 

Air Act (CAA), is June 15, 2010. New 

Jersey requested that the attainment date 

be extended to June 15, 2011. 

On November 9, 2010 (75 FR 68733), 

EPA proposed to approve New Jersey’s 

request based upon: 

(1) New Jersey has complied with all 

requirements and commitments 

pertaining to the area in the applicable 

ozone implementation plan. New 

Jersey’s applicable ozone 

implementation plan can be found at 

40 CFR 52.1570; and 

(2) The maximum 4th highest daily 8- 

hour monitored value at any monitoring 

site in the Philadelphia area during the 

2009 ozone season was 0.074 ppm, 

which is below the 0.084 ppm criteria. 

II. Comments 

EPA received one comment in 

response to the proposal which 

supported the decision to approve an 

attainment date extension. 

III. Final Action 

Pursuant to CAA section 181(a) and 

40 CFR 51.907, EPA is approving an 

attainment date extension from June 15, 

2010 to June 15, 2011 for the New Jersey 

portion of the Philadelphia Area, which 

is classified as moderate for the 1997 

8-hour ozone NAAQS. The table in 40 

CFR 81.331 will be modified to reflect 

EPA’s approval of New Jersey’s 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 3839 

attainment date extension request. The 

table is entitled ‘‘New Jersey—Ozone 

(8-Hour Standard).’’ 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355 (May 

22, 2001)). This action merely finds that 

an area has qualified for a one-year 

extension of the attainment date of a 

previously established NAAQS, and 

imposes no additional requirements. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule does not 

impose any additional enforceable 

duties, it 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). This rule also 

does not have a substantial direct effect 

on one or more Indian Tribes, 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 by Executive Order 13175 (65 

FR 67249, November 9, 2000), nor will 

it 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 (64 FR 43255, 

August 10, 1999), because it merely 

determines that an area has attained a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

CAA. This rule also is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

This rule does not involve 

establishment of technical standards, 

and thus, the requirements of section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(15 U.S.C. 272 note) do not apply. As 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996), 

in issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. EPA 

has complied with Executive Order 

12630 (53 FR 8859, March 15, 1988) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. 

EPA has determined that this final 

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. The rulemaking does not 

affect the level of protection provided to 

human health or the environment 

because extending the attainment date 

does not alter the emission reduction 

measures that are required to be 

implemented in the New Jersey portion 

of the Philadelphia-Wilmington-Atlantic 

City area, which is classified as 

moderate nonattainment for the 1997 8- 

hour ozone standard. See 69 FR 23909 

(April 30 2004). Additionally, if the 

Philadelphia-Wilmington-Atlantic City 

Area were not granted an extension of 

its attainment date, EPA’s recourse 

would be to initiate a reclassification of 

the Philadelphia-Wilmington-Atlantic 

City Area from its current classification 

of moderate nonattainment to serious 

nonattainment, pursuant to section 

181(b)(2) of the CAA. Because the 

Philadelphia-Wilmington-Atlantic City 

area was formerly a severe 

nonattainment area under the revoked 

1-hour ozone standard (see, 56 FR 

56773, November 6, 1991), it is required 

to continue to implement severe area 

requirements pursuant to EPA’s 

interpretation of ‘‘anti-backsliding’’ 

provision of section 172(e) of the CAA. 

See 69 FR 23973, April 30, 2004, South 

Coast Air Quality Management District 

v. EPA, 472 F.3d 882 (D.C. Cir. 2006), 

modified and rehearing den., 489 F.3d 

1245 (D.C. Cir. 2007). The severe area 

requirements are more stringent than 

both the moderate and serious area 

requirements set forth in Title I, Part D, 

Subpart 2 of the CAA. Therefore, even 

if EPA were to not grant the attainment 

date extension and instead move to 

reclassify the area to serious 

nonattainment, no additional emission 

reduction measures would be required 

to be implemented in the PhiladelphiaWilmington-Atlantic City area through a 

181(b)(2) reclassification. The extension 

of the attainment deadline for the 1997 

8-hour ozone NAAQS does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

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 March 22, 2011. 

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 81 

Environmental protection, Air 

pollution control. 

Dated: January 10, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

Part 81, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

■ 2. In § 81.331 the table entitled ‘‘New 

Jersey—Ozone (8-Hour Standard)’’ revise 

the entry for ‘‘Philadelphia-WilmingtonAtlantic City, PA-NJ-MD-DE’’ to read as 

follows: 

§ 81.331 New Jersey. 

* * * * * 

WReier-Aviles on DSKGBLS3C1PROD with RULES

3840 Federal Register / Vol. 76, No. 14 / Friday, January 21, 2011 / Rules and Regulations 

Designated area 

Designation a Category/classification 

Date 1 Type Date 1 Type 

*******

Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE: 

Atlantic County ............................................................. .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Burlington County ........................................................ .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Camden County ........................................................... .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Cape May County ........................................................ .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Cumberland County ..................................................... .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Gloucester County ....................................................... .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Mercer County ............................................................. .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Ocean County .............................................................. .................... Nonattainment ............... .................... Subpart 2/Moderate.2

Salem County .............................................................. .................... Nonattainment ............... .................... Subpart 2/Moderate.2

a Includes Indian Country located in each county or area, except as otherwise specified. 

1This date is June 15, 2004, unless otherwise noted. 

2Attainment date extended to June 15, 2011. 

* * * * * 

[FR Doc. 2011–1260 Filed 1–20–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R03–OAR–2010–0574; FRL–9251–7] 

Approval of One-Year Extension for 

Attaining the 1997 8-Hour Ozone 

Standard for the Delaware, Maryland, 

and Pennsylvania Portions of the 

Philadelphia-Wilmington-Atlantic City 

Moderate Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is extending the 

attainment date from June 15, 2010 to 

June 15, 2011 for the Delaware, 

Maryland, and Pennsylvania portions of 

the Philadelphia-Wilmington-Atlantic 

City nonattainment area (Philadelphia 

Area), which is classified as moderate 

for the 1997 8-hour ozone national 

ambient air quality standard (NAAQS). 

This extension is based in part on air 

quality data recorded during the 2009 

ozone season. Specifically, the 

Philadelphia Area’s 4th highest daily 

8-hour monitored ozone value during 

the 2009 ozone season is 0.084 parts per 

million (ppm) or less. Accordingly, EPA 

is revising the tables concerning the 

8-hour ozone attainment dates for the 

Philadelphia Area in the States of 

Delaware and Maryland, and the 

Commonwealth of Pennsylvania (the 

States). EPA is approving the extension 

of the attainment date for the Delaware, 

Maryland, and Pennsylvania portions of 

the Philadelphia Area in accordance 

with the requirements of the Clean Air 

Act (CAA). EPA is approving the 

extension of the attainment date for the 

New Jersey portion of the Philadelphia 

Area in a separate rulemaking in this 

Federal Register. 

DATES: Effective Date: This final rule is 

effective on February 22, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2010–0574. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (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 through 

http://www.regulations.gov or in hard 

copy for public inspection 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 Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903; the 

Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230; and 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: 

Maria Pino, (215) 814–2181, or by 

e-mail at pino.maria@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 9, 2010 (75 FR 68736), 

EPA published a notice of proposed 

rulemaking (NPR) for the States. The 

NPR proposed approval of requests 

made by the States for a one-year 

attainment date extension for the 

Philadelphia Area. The Philadelphia 

Area, which is classified as moderate for 

the 1997 8-hour ozone NAAQS, consists 

of: Cecil County in Maryland; Bucks, 

Chester, Delaware, Montgomery and 

Philadelphia Counties in Pennsylvania; 

the entire State of Delaware; and 

Atlantic, Burlington, Camden, Cape 

May, Cumberland, Gloucester, Mercer, 

Ocean, and Salem Counties in New 

Jersey. Since this area was classified as 

a moderate ozone nonattainment area, 

the statutory ozone attainment date, as 

prescribed by section 181(a) of the CAA, 

is June 15, 2010. The States requested 

that the attainment date be extended to 

June 15, 2011. As previously stated, 

EPA is approving the extension of the 

attainment date for the New Jersey 

portion of the Philadelphia Area in a 

separate rulemaking notice in this 

Federal Register. 

Section 172(a)(2)(C) of subpart 1 of 

the CAA provides for EPA to extend the 

attainment date for an area by one year 

if the State has complied with all the 

requirements and commitments 

pertaining to the area in the applicable 

implementation plan and no more than 

a minimal number of exceedances of the 

NAAQS has occurred in the attainment 

year. Up to two one-year extensions may 

be issued for a single nonattainment 

area. Section 181(a)(5) of subpart 2 

contains a similar provision for the 

ozone NAAQS, but instead of providing 

for an extension where there has been 

a ‘‘minimal’’ number of exceedances, it 

allows an extension only if there is no 

more than one exceedance of the 

NAAQS in the year preceeding the 

extension year. However, the language 

in section 181(a)(5) reflects the form of 

the 1-hour ozone NAAQS and not the 

1997 8-hour ozone NAAQS. 40 CFR 

51.907 sets forth how sections 

WReier-Aviles on DSKGBLS3C1PROD with RULES