39696 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations 

1EPA’s 2008 NSR PM2.5 Rule relates to 

requirements for the NSR permitting program 

required by parts C and D of title I of the CAA. The 

details and provisions of the 2008 NSR PM2.5 Rule 

are not relevant to this proposed rulemaking. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T09–0507 to read as 

follows: 

§ 165.T09–0507 Safety Zone; Oswego 

Harborfest Jet Ski Show; Oswego Harbor, 

Oswego, NY. 

(a) Location. This zone will 

encompass all waters of Oswego Harbor; 

Oswego, NY starting at position 

43°27′49.88′′ N. and 076°31′15.41′′ W. 

then Northwest to 43°27′51.72′′ N. and 

076°31′18.13 then Southwest to 

43°27′44.26′′ N. and 076°31′39.18′′ W. 

then South to 43°27′42.68′′ N. and 

076°31′36.91′′ W. then returning the 

point of origin. 

(b) Enforcement period. This 

regulation will be enforced 

intermittently on July 25, 2015 from 

12:45 p.m. until 7:15 p.m. and on July 

26, 2015 from 12:45 p.m. until 7:15 p.m. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by theCaptain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: June 15, 2015. 

B. W. Roche, 

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

Port Buffalo. 

[FR Doc. 2015–16807 Filed 7–9–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2015–0175; FRL–9930–23- 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Determination of 

Attainment of the 2006 24-Hour Fine 

Particulate Standard for the LibertyClairton Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing a 

determination of attainment regarding 

the Liberty-Clairton, Pennsylvania 2006 

24-hour fine particulate matter (PM2.5) 

nonattainment area (hereafter ‘‘LibertyClairton Area’’ or ‘‘the Area’’). EPA is 

determining that the Liberty-Clairton 

Area has attained the 2006 24-hour 

PM2.5 National Ambient Air Quality 

Standard (NAAQS), based upon qualityassured, quality-controlled and certified 

ambient air monitoring data for the 

calendar years 2012–2014. EPA’s final 

‘‘clean data determination’’ will 

suspend the requirements to submit for 

the Liberty-Clairton Area an attainment 

demonstration, reasonably available 

control measures (RACM), reasonable 

further progress (RFP), and contingency 

measures related to attainment of the 

2006 24-hour PM2.5 NAAQS, for so long 

as the Area continues to attain the 2006 

24-hour PM2.5 NAAQS. This final 

determination will not constitute a 

redesignation to attainment. This final 

action is being taken under the Clean 

Air Act (CAA). 

DATES: This final rule is effective on 

August 10, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2015–0175. All 

documents in the docket are listed in 

the 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 

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. 

FOR FURTHER INFORMATION CONTACT: 

Emlyn Ve ́lez-Rosa, (215) 814–2038, or 

by email at velez-rosa.emlyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 13, 2009, EPA 

published designations for the 2006 24- 

hour PM2.5 NAAQS (74 FR 58688), 

which became effective on December 

14, 2009. In that action, EPA designated 

the Liberty-Clairton Area as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS. The Liberty-Clairton 

Area is comprised of the following 

portion of Allegheny County: The 

boroughs of Lincoln, Glassport, Liberty, 

and Port Vue and the City of Clairton. 

See 40 CFR 81.339 (Pennsylvania). The 

Liberty-Clairton Area is surrounded by, 

but separate and distinct from, the 

Pittsburgh-Beaver Valley PM2.5

nonattainment area. 

A nonattainment designation under 

the CAA triggers additional planning 

requirements for states to show 

attainment of the NAAQS in the 

nonattainment areas by a statutory 

attainment date, as specified in the 

CAA. Since 2005, EPA had 

implemented the 1997 and 2006 PM2.5

NAAQS based on the general 

implementation provisions of subpart 1 

of Part D of Title I of the CAA (subpart 

1). On January 4, 2013, in Natural 

Resources Defense Council v. EPA 

(NRDC v. EPA), the D.C. Circuit 

determined that EPA should be 

implementing its PM2.5 pollution 

standard under additional CAA 

requirements than those EPA had been 

following in subpart 1 and remanded to 

EPA the ‘‘Final Clean Air Fine Particle 

Implementation Rule’’ (1997 PM2.5

Implementation Rule) (72 FR 20586, 

April 25, 2007) and the 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less than 2.5 Micrometers 

(PM2.5)’’ final rule (2008 NSR PM2.5

Rule).1 706 F.3d 428 (D.C. Cir. 2013). 

The D.C. Circuit found that the EPA 

erred in implementing the 1997 PM2.5

NAAQS solely pursuant to subpart 1, 

without consideration of the particulate 

matter specific provisions of subpart 4 

of Part D of Title I of the CAA (subpart 

4). 

On April 25, 2014, EPA finalized a 

rule identifying the classification of all 

PM2.5 areas currently designated 

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Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations 39697 

nonattainment for the 1997 and 2006 

PM2.5 NAAQS as ‘‘Moderate,’’ 

consistent with subpart 4 of the CAA. 

See 79 FR 31566 (June 2, 2014). 

Consequently, the Liberty-Clairton Area 

was classified as Moderate for the 2006 

24-hour PM2.5 NAAQS. 

Under EPA’s longstanding Clean Data 

Policy interpretation, a determination 

that a nonattainment area has attained 

the NAAQS suspends the state’s 

obligation to submit an attainment 

demonstration, RFP, RACM, and 

contingency measures as required by the 

CAA for so long as the area continues 

to attain the standard. Since the purpose 

of these provisions is to help reach 

attainment, a goal which has already 

been achieved, EPA interprets that these 

requirements should no longer be 

applicable. Although the D.C. Circuit 

remanded the 1997 PM2.5

Implementation Rule to EPA, the DC 

Circuit’s decision in NRDC v. EPA 

related to EPA’s use of subpart 1 for 

CAA Part D requirements instead of 

subpart 1 and subpart 4, and the 

decision did not cast doubt on EPA’s 

interpretation of certain statutory 

provisions underlying the Clean Data 

Policy nor cast any doubt on EPA’s 

Clean Data Policy interpretation in the 

1997 PM2.5 Implementation Rule. See 

NRDC v. EPA, 706 F.3d 428. 

On April 23, 2015 (78 FR 22666), EPA 

published a notice of proposed 

rulemaking (NPR) for the 

Commonwealth of Pennsylvania 

proposing to determine that the LibertyClairton Area has attained the 2006 24- 

hour PM2.5 NAAQS. As part of the NPR, 

EPA addressed the effect of a final 

determination of attainment under the 

Clean Data Policy for the LibertyClairton Area, as a Moderate 

nonattainment area under subpart 4. 

The rationale for EPA’s action is 

explained in the NPR and will not be 

restated here. No comments were 

received on the NPR. 

II. Summary of EPA’s Evaluation of the 

Liberty-Clairton PM2.5 Air Quality Data 

This final ‘‘clean data determination’’ 

for the Liberty-Clairton Area is based on 

the quality-controlled, quality assured, 

certified PM2.5 air quality data for 2012– 

2014. There are two PM2.5 monitors in 

the Liberty-Clairton Area—one in 

Liberty Borough and one in the City of 

Clairton. The design values for the two 

monitors in the Liberty-Clairton Area for 

the 2012–2014 monitoring period were 

35 mg/m3 or less. Therefore, EPA 

determines that the Liberty-Clairton 

Area has attained the 2006 24-hour 

PM2.5 NAAQS during the 2012–2014 

monitoring period, in accordance with 

40 CFR part 50. Additional information 

on air quality data for the LibertyClairton Area can be found in the NPR 

and technical support document (TSD) 

prepared for the proposed action. 

III. Final Actions 

EPA determines that the LibertyClairton Area is currently attaining the 

2006 24-hour PM2.5 NAAQS, based on 

the most recent three years of complete 

quality-assured, and certified data for 

2012–2014 which meets the 

requirements of 40 CFR part 50, 

appendix N. In accordance with our 

Clean Data Policy, as a result of this 

final determination of attainment, EPA 

also determines that the obligation to 

submit the following attainment-related 

planning requirements for the LibertyClairton Area are not applicable for so 

long as the Area continues to monitor 

attainment for the 2006 24-hour PM2.5

NAAQS: Subpart 4 obligations to 

provide an attainment demonstration 

pursuant to section 189(a)(1)(B), the 

RACM provisions of section 

189(a)(1)(C), the RFP provisions of 

section 189(c), and related attainment 

demonstration, RACM, RFP, and 

contingency measure provisions 

requirements of subpart 1, section 172. 

If at any time after the effective date of 

this final rulemaking notice, EPA 

determines that the Liberty-Clairton 

Area again violates the 2006 24-hour 

PM2.5 NAAQS, the basis for suspending 

these requirements would no longer 

exist. This final rulemaking action does 

not constitute a redesignation to 

attainment under CAA section 

107(d)(3). In addition, this 

determination does not relieve 

Pennsylvania from the requirement to 

submit for the Liberty-Clairton Area an 

emissions inventory as required by CAA 

section 172(c)(3) or to have a 

nonattainment area permitting program 

pursuant to CAA sections 172(c)(5) and 

173. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because 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. 

B. Submission to Congress and the 

Comptroller General 

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 

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39698 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations 

1Twenty-First Century Communications and 

Video Accessibility Act of 2010, Public Law 111– 

260, 124 Stat. 2751 (2010); Amendment of TwentyFirst Century Communications and Video 

Accessibility Act of 2010, Public Law 111–265, 124 

Stat. 2795 (2010) (making technical corrections to 

the CVAA). 

2See Accessible Emergency Information; 

Apparatus Requirements for Emergency 

Information and Video Description: Implementation 

of the Twenty-First Century Communications and 

Video Accessibility Act of 2010, MB Docket Nos. 

12–107, 11–43, Report and Order, FCC 13–45, 78 FR 

31770 (2013) (‘‘First Report and Order’’). A 

secondary audio stream is an audio channel, other 

than the main program audio channel, that is 

typically used for foreign language audio and video 

description. 

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). 

C. Petitions for Judicial Review 

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 September 8, 2015. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, 

determining that the Liberty-Clairton 

Area has attained the 2006 24-hour 

PM2.5 NAAQS, may not be challenged 

later in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Particulate matter, Reporting and 

recordkeeping requirements. 

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

Dated: June 25, 2015. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart NN—Pennsylvania 

■ 2. Section 52.2059 is amended by 

adding paragraph (q) to read as follows: 

§ 52.2059 Control strategy: Particulate 

matter. 

* * * * * 

(q) Determination of attainment. EPA 

has determined, as of July 10, 2015, 

based on quality-assured ambient air 

quality data for 2012 to 2014, that the 

Liberty-Clairton, PA nonattainment area 

has attained the 2006 24-hour fine 

particle (PM2.5) national ambient air 

quality standards (NAAQS). This 

determination suspends the 

requirements for this area to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning SIPs related to attainment of 

the standard for as long as this area 

continues to meet the 2006 24-hour 

PM2.5 NAAQS. If EPA determines, after 

notice-and-comment rulemaking, that 

this area no longer meets the 2006 24- 

hour PM2.5 NAAQS, the corresponding 

determination of attainment for that area 

shall be withdrawn. 

[FR Doc. 2015–16813 Filed 7–9–15; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 79 

[MB Docket No. 12–107; FCC 15–56] 

Accessible Emergency Information, 

and Apparatus Requirements for 

Emergency Information and Video 

Description 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the 

Commission adopts additional rules 

under the authority of the Twenty-First 

Century Communications and Video 

Accessibility Act of 2010 (CVAA) to 

make emergency information in video 

programming accessible to individuals 

who are blind or visually impaired. 

First, the document requires 

multichannel video programming 

distributors to pass through a secondary 

audio stream containing audible 

emergency information when they 

permit consumers to access linear 

programming on second screen devices, 

such as tablets, smartphones, laptops, 

and similar devices. Second, the 

document requires manufacturers of 

apparatus that receive or play back 

video programming to provide a 

mechanism that is simple and easy to 

use for activating the secondary audio 

stream to access audible emergency 

information. 

DATES: Effective August 10, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Evan Baranoff, Evan.Baranoff@fcc.gov, 

of the Media Bureau, Policy Division, 

(202) 418–2120. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order (Order), FCC 15–56, 

adopted on May 21, 2015, and released 

on May 28, 2015. The full text of this 

document is available electronically via 

the FCC’s Electronic Document 

Management System (EDOCS) Web site 

at http://fjallfoss.fcc.gov/edocs_public/ 

or via the FCC’s Electronic Comment 

Filing System (ECFS) Web site at http:// 

fjallfoss.fcc.gov/ecfs2/. (Documents will 

be available electronically in ASCII, 

Microsoft Word, and/or Adobe Acrobat.) 

This document is also available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Information Center, Federal 

Communications Commission, 445 12th 

Street SW., CY–A257, Washington, DC 

20554. The complete text may be 

purchased from the Commission’s copy 

contractor, 445 12th Street SW., Room 

CY–B402, Washington, DC 20554. 

Alternative formats are available for 

people with disabilities (Braille, large 

print, electronic files, audio format), by 

sending an email to fcc504@fcc.gov or 

calling the Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

I. Introduction 

1. In this Second Report and Order, 

we take additional steps under the 

authority of sections 202 and 203 of the 

Twenty-First Century Communications 

and Video Accessibility Act of 2010 

(‘‘CVAA’’) 1 to make emergency 

information in video programming 

accessible to individuals who are blind 

or visually impaired. The Commission 

adopted rules in 2013 to require that 

visual emergency information shown 

during non-newscast television 

programming, such as in an on-screen 

crawl, is also available to individuals 

who are blind or visually impaired 

through an aural presentation on a 

secondary audio stream.2 In adopting 

these rules pursuant to sections 202 and 

203 of the CVAA, the Commission 

recognized the importance of making 

sure that individuals who are blind or 

visually impaired are able to hear 

critical information about emergencies 

affecting their locality, which can 

enable them promptly to respond to 

such emergency situations and to 

protect their lives and property. 

2. First, this Second Report and Order 

concludes that multichannel video 

programming distributors (‘‘MVPDs’’) 

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