Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations 12341 

described via Marine Safety Radio 

Broadcast on VHF–FM marine band 

radio, channel 22A (157.1 MHZ). 

Requirements may include, but are not 

limited to, the use of convoys, 

restrictions on shaft horsepower, and 

hull type restrictions, dependent on the 

prevailing ice conditions and vessel 

type. 

(2) Persons desiring to transit in the 

safety zone not meeting the 

requirements established by the COTP 

Baltimore must contact the COTP 

Baltimore or his designated 

representative at telephone number 

410–576–2693 or on VHF–FM channel 

16 (156.8 MHZ) to seek permission prior 

to transiting the area. If permission is 

granted, all persons and vessels shall 

comply with the instructions of the 

COTP Baltimore or his designated 

representative. 

(3) The Coast Guard vessels enforcing 

this safety zone can be contacted on 

VHF–FM marine band radio channel 16 

(156.8 MHZ). Upon being hailed by a 

U.S. Coast Guard vessel, or other 

Federal, State, or local agency vessel 

operating under the authority of the 

COTP Baltimore, by siren, radio, 

flashing light, or other means, the 

operator of a vessel shall proceed as 

directed. The COTP Baltimore and his 

designated representatives can be 

contacted at telephone number 410– 

576–2693. 

(4) The COTP Baltimore or his 

designated representative will notify the 

public of any changes in the status of 

this safety zone by Marine Safety Radio 

Broadcast on VHF–FM marine band 

radio channel 22A (157.1 MHZ). 

(c) Definitions. As used in this 

section: 

Captain of the Port Baltimore means 

the Commander, U.S. Coast Guard 

Sector Baltimore, Maryland. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port Baltimore to 

assist in enforcing the safety zone 

described in paragraph (a) of this 

section. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted by Federal, State 

and local agencies in the patrol and 

enforcement of the zone. 

(e) Enforcement period. This section 

will be enforced from February 17, 2015 

until April 15, 2015. 

Dated: February 17, 2015. 

Kevin C. Kiefer, 

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

Port Baltimore. 

[FR Doc. 2015–05475 Filed 3–6–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0037] 

Drawbridge Operation Regulations; 

Narrow Bay, Suffolk County, NY 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the operation of 

the Smith Point Bridge across Narrow 

Bay, mile 6.1, at Suffolk County, New 

York. This deviation is necessary to 

provide public safety during a public 

event, the Smith Point Triathlon. This 

deviation allows the bridge to remain 

closed for two hours on Sunday August 

2, 2015, to facilitate the Smith Point 

Triathlon. 

DATES: This deviation is effective from 

7 a.m. through 9 a.m. on August 2, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0037] is 

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

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. You may 

also visit the Docket Management 

Facility in Room W12–140, on the 

ground floor of the Department of 

Transportation West Building, 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 temporary 

deviation, call or email Ms. Judy K. 

Leung-Yee, Project Officer, First Coast 

Guard District, telephone (212) 514– 

4330, judy.k.leung-yee@uscg.mil. If you 

have questions on viewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: The Smith 

Point Bridge across Narrow Bay, mile 

6.1, at Suffolk County, New York, has a 

vertical clearance in the closed position 

of 18 feet at mean high water and 19 feet 

at mean low water. The existing bridge 

operating regulations are found at 33 

CFR 117.799(d). 

The waterway is transited by seasonal 

recreational vessels of various sizes. 

The Event Power Triathlon 

Committee and the owner of the bridge, 

Suffolk County Department of Public 

Works, Parks Department, requested a 

temporary deviation from the normal 

operating schedule to facilitate public 

safety during the running of the Smith 

Point Triathlon. 

Under this temporary deviation the 

Smith Point Bridge may remain in the 

closed position for two hours between 

7 a.m. and 9 a.m. on Sunday August 2, 

2015. 

There are no alternate routes for 

vessel traffic; however, vessels that can 

pass under the closed draw during this 

closure may do so at all times. The 

bridge may be opened in the event of an 

emergency. 

The Coast Guard will inform the users 

of the waterways through our Local and 

Broadcast Notice to Mariners of the 

change in operating schedule for the 

bridge so that vessels can arrange their 

transits to minimize any impact caused 

by the temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: February 23, 2015. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2015–05302 Filed 3–6–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2012–0893; FRL–9923–89– 

Region 4] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Georgia; Redesignation of 

the Rome, Georgia, 1997 Annual Fine 

Particulate Matter Nonattainment Area 

to Attainment; Correction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule; correction. 

SUMMARY: On May 14, 2014, the 

Environmental Protection Agency (EPA) 

published a final rule to approve a 

request submitted on June 21, 2012, by 

the Georgia Department of Natural 

Resources, through Georgia 

Environmental Protection Division, to 

redesignate the Rome, Georgia, fine 

particulate matter (PM2.5) nonattainment 

area (hereafter referred to as the ‘‘Rome 

Area’’ or ‘‘Area’’) to attainment for the 

1997 Annual PM2.5 National Ambient 


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12342 Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations 

Air Quality Standards (NAAQS). This 

action corrects an inadvertent error in 

the preamble of EPA’s May 14, 2014, 

final rule related to the redesignation of 

the Rome Area for the 1997 Annual 

PM2.5 NAAQS. 

DATES: This action is effective March 9, 

2015. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

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

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section (formerly the 

Regulatory Development Section), Air 

Planning and Implementation Branch 

(formerly the Air Planning Branch), Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. Ms. 

Bell may be reached by phone at (404) 

562–9088 or via electronic mail at 

bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects an error in the preamble 

of EPA’s May 14, 2014, final rule related 

to the redesignation of the Rome Area 

for the 1997 Annual PM2.5 NAAQS. See 

79 FR 27493. The Rome Area is 

comprised of one county, Floyd County, 

in Georgia. In the ‘‘Final Action’’ section 

of the preamble at 79 FR 27495, EPA 

inadvertently stated that the final rule 

was changing the legal designation of 

‘‘Bibb County and a portion of Monroe 

County’’ to attainment for the 1997 

Annual PM2.5 NAAQS. EPA is now 

correcting that inadvertent error in the 

preamble by replacing the phrase ‘‘Bibb 

County and a portion of Monroe 

County’’ with ‘‘Floyd County.’’ The 

regulatory text associated with the May 

14, 2014, final rule at 40 CFR 52.570 

and 81.311 correctly identifies ‘‘Floyd 

County’’ as the redesignated county 

associated with the Rome Area. See 79 

FR 27496. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment procedures are unnecessary 

for today’s action because this action 

merely corrects the aforementioned 

inadvertent error in the preamble of 

EPA’s May 14, 2014, final rule and has 

no substantive impact on EPA’s May 14, 

2014, action. In addition, EPA can 

identify no particular reason why the 

public would be interested in having the 

opportunity to comment on the 

correction prior to this action being 

finalized because this correction does 

not change or reopen EPA’s 

redesignation of the Rome Area for the 

1997 Annual PM2.5 NAAQS. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s action, 

however, does not create any new 

regulatory requirements such that 

affected parties would need time to 

prepare before the action takes effect. 

Rather, today’s action merely corrects 

the inadvertent error identified above. 

For these reasons, EPA finds good cause 

under APA section 553(d)(3) for this 

correction to become effective on the 

date of publication of this action. 

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 imposes no 

additional requirements beyond those 

imposed by state law. Accordingly, the 

Administrator certifies that this action 

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 

action merely corrects an inadvertent 

error in the preamble to EPA’s May 14, 

2014, final rulemaking, and does not 

impose any additional enforceable duty 

beyond that required by state law, 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). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) nor will it impose 

substantial direct costs on tribal 

governments or preempt tribal law. This 

action also does not have Federalism 

implications because it does 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 (64 FR 43255, 

August 10, 1999). This action does not 

alter the relationship or the distribution 

of power and responsibilities 

established in the Clean Air Act (CAA). 

This action also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. In addition, 

this action does not involve technical 

standards, 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. This action also 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by May 8, 2015. Filing a petition 

for reconsideration by the Administrator 

of this final action does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 


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Federal Register / Vol. 80, No. 45 / Monday, March 9, 2015 / Rules and Regulations 12343 

1Two elements identified in section 110(a)(2) are 

not governed by the three year submission deadline 

of section 110(a)(1) because SIPs incorporating 

necessary local nonattainment area controls are not 

due within three years after promulgation of a new 

or revised NAAQS, but rather due at the time the 

nonattainment area plan requirements are due 

pursuant to other provisions of the CAA for 

submission of SIP revisions specifically applicable 

for attainment planning purposes. These 

requirements are: (1) Submissions required by 

section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D 

Title I of the CAA; and (2) submissions required by 

section 110(a)(2)(I) which pertain to the 

nonattainment planning requirements of part D, 

Title I of the CAA. Today’s proposed rulemaking 

does not address infrastructure elements related to 

section 110(a)(2)(I) or the nonattainment planning 

requirements of 110(a)(2)(C). 

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 CAA 

section 307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements, and Particulate matter. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

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

Dated: February 13, 2015. 

V. Anne Heard, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2015–05071 Filed 3–6–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2014–0444; FRL 9924–16– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina 

Infrastructure Requirements for the 

2008 Lead National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a portion of the July 20, 2012, 

State Implementation Plan (SIP) 

submission, provided by the North 

Carolina Department of Environment 

and Natural Resources (NC DENR), 

Division of Air Quality (NCDAQ) for 

inclusion into the North Carolina SIP. 

This final action pertains to the Clean 

Air Act (CAA or the Act) infrastructure 

requirements for the 2008 Lead national 

ambient air quality standards (NAAQS). 

The CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance, and 

enforcement of each NAAQS 

promulgated by EPA, which is 

commonly referred to as an 

‘‘infrastructure’’ SIP. NCDAQ certified 

that the North Carolina SIP contains 

provisions that ensure the 2008 Lead 

NAAQS is implemented, enforced, and 

maintained in North Carolina. With the 

exception of provisions pertaining to 

prevention of significant deterioration 

(PSD) permitting and state board 

requirements, EPA is taking final action 

to approve North Carolina’s 

infrastructure SIP submission, provided 

to EPA on July 20, 2012, because it 

addresses the required infrastructure 

elements for the 2008 Lead NAAQS. 

DATES: This rule is effective on April 8, 

2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2014–0444. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section 

(formerly the Regulatory Development 

Section), Air Planning and 

Implementation Branch (formerly the 

Air Planning Branch), Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 federal holidays. 

FOR FURTHER INFORMATION CONTACT: Zuri 

Farngalo, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Air, Pesticides 

and Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9152. 

Mr. Farngalo can be reached via 

electronic mail at farngalo.zuri@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Upon promulgation of a new or 

revised NAAQS, sections 110(a)(1) and 

(2) of the CAA require states to address 

basic SIP requirements, including 

emissions inventories, monitoring, and 

modeling to assure attainment and 

maintenance for that new NAAQS. 

Section 110(a) of the CAA generally 

requires states to make a SIP submission 

to meet applicable requirements in 

order to provide for the implementation, 

maintenance, and enforcement of a new 

or revised NAAQS within three years 

following the promulgation of such 

NAAQS, or within such shorter period 

as EPA may prescribe. These SIP 

submissions are commonly referred to 

as ‘‘infrastructure’’ SIP submissions. 

Section 110(a) imposes the obligation 

upon states to make an infrastructure 

SIP submission to EPA for a new or 

revised NAAQS, but the contents of that 

submission may vary depending upon 

the facts and circumstances. In 

particular, the data and analytical tools 

available at the time the state develops 

and submits the infrastructure SIP for a 

new or revised NAAQS affect the 

content of the submission. The contents 

of such infrastructure SIP submissions 

may also vary depending upon what 

provisions the state’s existing SIP 

already contains. In the case of the 2008 

Lead NAAQS, states typically have met 

the basic program elements required in 

section 110(a)(2) through earlier SIP 

submissions in connection with 

previous lead NAAQS. 

More specifically, section 110(a)(1) 

provides the procedural and timing 

requirements for SIPs. Section 110(a)(2) 

lists specific elements that states must 

meet for infrastructure SIP requirements 

related to a newly established or revised 

NAAQS. As mentioned above, these 

requirements include basic structural 

SIP elements such as modeling, 

monitoring, and emissions inventories 

that are designed to assure attainment 

and maintenance of the NAAQS. The 

applicable infrastructure SIP 

requirements that are the subject of this 

rulemaking are listed below.1

• 110(a)(2)(A): Emission limits and 

other control measures. 

• 110(a)(2)(B): Ambient air quality 

monitoring/data system. 


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