Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19203 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INTFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this 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 determined 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 rule involves the 

establishment of a safety zone on the 

navigable waters of San Diego Bay. This 

rule is categorically excluded from 

further review under paragraph 34(g) of 

Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are 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 rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

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. 1226, 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. 0170.01. 

■ 2. Add § 165.T11–689 to read as 

follows: 

§ 165.T11–689 Safety zone; Naval 

Helicopter Association (NHA) Red Bull 

Helicopter Demonstration; San Diego Bay, 

San Diego, CA. 

(a) Location. The safety zone will 

encompass the navigable waters 

encompassed by the following 

coordinates (North American Datum of 

1983, World Geodetic System, 1984): 

32°43.05 N, 117°10.54 W, 32°43.05 N, 

117°10.46 W, 32°43.33 N, 117°10.54 W, 

32°43.33 N, 117°10.46 W. 

(b) Enforcement period. This section 

will be enforced from 6:30 p.m. to 7:30 

p.m. on May 12, 2015. If the event 

concludes prior to the schedule 

termination time, the COTP will cease 

enforcement of this safety zone and will 

announce that fact via Broadcast Notice 

to Mariners. 

(c) Definitions. The following 

definition applies to this section: 

designated representative means any 

commissioned, warrant, or petty officer 

of the Coast Guard on board Coast 

Guard, Coast Guard Auxiliary, or local, 

state, or federal law enforcement vessels 

who have been authorized to act on the 

behalf of the Captain of the Port. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR part 165, subpart 

C, entry into, transit through or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port of San Diego or his 

designated representative. 

(2) All persons and vessels shall 

comply with the instructions of the 

Coast Guard Captain of the Port or his 

designated representative. 

(3) Upon being hailed by U.S. Coast 

Guard or designated patrol personnel by 

siren, radio, flashing light or other 

means, the operator of a vessel shall 

proceed as directed. 

(4) The Coast Guard may be assisted 

by other federal, state, or local agencies 

in patrol and notification of the 

regulation. 

Dated: April 1, 2015. 

J.A. Janszen, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port San Diego. 

[FR Doc. 2015–08347 Filed 4–9–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR PART 165 

[Docket No. USCG–2015–0213] 

RIN 1625–AA00 

Safety Zone; Barge-Based Fireworks, 

Sturgeon Bay, Wisconsin 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the waters of Sturgeon Bay in Sturgeon 

Bay, Wisconsin. This safety zone is 

intended to restrict vessels from a 

portion of Sturgeon Bay due to a 

fireworks display. This temporary safety 

zone is necessary to protect the 


rljohnson on DSK3VPTVN1PROD with RULES
19204 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 

surrounding public and vessels from the 

hazards associated with the fireworks 

display. 

DATES: This rule is effective from 8:30 

p.m. on May 15, 2015, until 9:30 p.m. 

on May 16, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2015–0213. To view documents 

mentioned in this preamble as being 

available in the docket, go to 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 

rulemaking. 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 

rule, contact or email MST1 Joseph 

McCollum, U.S. Coast Guard Sector 

Lake Michigan, at 414–747–7148 or 

Joseph.P.McCollum@uscg.mil. If you 

have questions on viewing the docket, 

call Cheryl Collins, Program Manager, 

Docket Operations, telephone 1–800– 

647–5527. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and 

Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing an 

NPRM with respect to this rule because 

doing so would be impracticable and 

contrary to the public interest. The final 

details for this event were not known to 

the Coast Guard until there was 

insufficient time remaining before the 

event to publish an NPRM. Specifically, 

the Coast Guard did not receive the final 

details for this event until March 4, 

2015. Thus, delaying the effective date 

of this rule to wait for a comment period 

to run would be both impracticable and 

contrary to the public interest because it 

would inhibit the Coast Guard’s ability 

to protect the public and vessels from 

the hazards associated with the bargebased fireworks display on May 15, 

2015, which are discussed further 

below. 

B. Basis and Purpose 

The legal basis for this rule is the 

Coast Guard’s authority to establish 

safety zones: 33 U.S.C. 1231; 33 CFR 

1.05–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

On May 15, 2015, the Coast Guard 

anticipates that a tug and barge will be 

anchored in the vicinity of the Sturgeon 

Bay Yacht Harbor on the waters of 

Sturgeon Bay in Sturgeon Bay, 

Wisconsin for the purpose of launching 

a fireworks display. The Captain of the 

Port Lake Michigan has determined that 

this fireworks display will pose a 

significant risk to public safety and 

property. Such hazards include falling 

and/or flaming debris, and collisions 

among spectator vessels. 

C. Discussion of the Final Rule 

With the aforementioned hazards in 

mind, the Captain of the Port Lake 

Michigan has determined that this 

temporary safety zone is necessary to 

ensure the safety of persons and vessels 

during the barge-based fireworks 

display from the waters of Sturgeon Bay. 

This zone is effective from 8:30 p.m. on 

May 15, 2015, until 9:30 p.m. on May 

16, 2015. This zone will be enforced 

from 8:30 p.m. until 9:30 p.m. on May 

15, 2015. In the case that inclement 

weather forces a postponement of the 

fireworks display on May 15, 2015, this 

rule will be enforced from 8:30 p.m. 

until 9:30 p.m. on May 16, 2015. The 

safety zone will encompass all waters of 

Sturgeon Bay, in the vicinity of 

Sturgeon Bay Yacht Harbor, within the 

arc of a circle with a 420-foot radius 

from the fireworks launch site, located 

on a barge in approximate position 

44°49.579′ N., 087°22.384′ W. (NAD 83). 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Lake Michigan or her designated 

on-scene representative. The Captain of 

the Port or her designated on-scene 

representative may be contacted via 

VHF Channel 16. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We conclude that this rule is not 

a significant regulatory action because 

we anticipate that it will have minimal 

impact on the economy, will not 

interfere with other agencies, will not 

adversely alter the budget of any grant 

or loan recipients, and will not raise any 

novel legal or policy issues. The safety 

zone created by this rule will be 

relatively small and enforced for only 

one day. Under certain conditions, 

moreover, vessels may still transit 

through the safety zone when permitted 

by the Captain of the Port. 

2. Impact on Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

the impact of this temporary rule on 

small entities. The Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. This rule will affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels intending to transit 

or anchor in the affected portion of 

Sturgeon Bay on May 15 or May 16, 

2015. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the reasons cited in the Regulatory 

Planning and Review section. 

Additionally, before the enforcement of 

this zone, we would issue local 

Broadcast Notice to Mariners so vessel 

owners and operators can plan 

accordingly. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 19205 

listed in the FOR FURTHER INFORMATION

CONTACT section above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it 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. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this 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 determined 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 rule involves the 

establishment of a safety zone and, 

therefore it is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. An environmental analysis 

checklist supporting this determination 

and a Categorical Exclusion 

Determination are 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 rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR parts 165 as follows: 

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; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

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

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0213 to read as 

follows: 

§ 165.T09–0213 Safety Zone; Barge-based 

Fireworks, Sturgeon Bay, Wisconsin. 

(a) Location. All waters of Sturgeon 

Bay, in the vicinity of Sturgeon Bay 

Yacht Harbor, within the arc of a circle 

with a 420-foot radius from the 

fireworks launch site located on a barge 

in approximate position 44°49.579′ N., 

087°22.384′ W. (NAD 83). 

(b) Effective and enforcement period. 

This zone is effective from 8:30 p.m. on 

May 15, 2015, until 9:30 p.m. on May 

16, 2015. This zone will be enforced 

from 8:30 p.m. until 9:30 p.m. on May 

15, 2015. If the scheduled event is 

postponed due to inclement weather on 

May 15, 2015, this rule will be enforced 

from 8:30 p.m. until 9:30 p.m. on May 

16, 2015. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into, transiting, or 

anchoring within this safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or her 

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 

Lake Michigan or her designated onscene representative. 

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

the Captain of the Port Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port 

Lake Michigan to act on her behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the Captain of the Port Lake 


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19206 Federal Register / Vol. 80, No. 69 / Friday, April 10, 2015 / Rules and Regulations 

1The three States developed and submitted the 

‘‘Plan to Improve Air Quality in the Washington, 

DC-MD-VA Region, State Implementation Plan (SIP) 

for 8-Hour Ozone Standard, Moderate Area SIP’’ 

(hereafter the Washington Area 8-hour ozone plan). 2Effective July 20, 2012 (77 FR 30088, May 21, 

2012), EPA designated and classified nonattainment 

areas under the 2008 ozone NAAQS codified at 40 

CFR 50.15 for most areas of the country including 

the Washington Area. The Washington Area was 

designated as nonattainment and classified as 

marginal nonattainment. The boundaries of the 

ozone nonattainment area classified as moderate 

under the 1997 ozone NAAQS are the same as those 

of the ozone nonattainment area classified as 

marginal under the 2008 ozone NAAQS. See 40 

CFR 81.309, 81.321 and 81.347. Hereafter, when 

referring to the Washington Area in relation to SIP 

requirements required solely due to the 2008 ozone 

NAAQS, the term ‘‘Washington 2008 Ozone 

Nonattainment Area’’ will be used. 

3The attainment demonstration was required 

under 40 CFR 51.908 to demonstrate attainment of 

the 1997 ozone NAAQS by the applicable 

attainment date of June 15, 2010 (the June 2010 

attainment date). 

Michigan or her on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or her 

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 the 

Captain of the Port Lake Michigan or her 

on-scene representative. 

Dated: March 30, 2015. 

A.B. Cocanour, 

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

Port Lake Michigan. 

[FR Doc. 2015–08345 Filed 4–9–15; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

Preregistration and Registration of 

Claims to Copyright 

CFR Correction 

In Title 37 of the Code of Federal 

Regulations, revised as of July 1, 2014, 

on page 614, in § 202.2, in paragraph 

(b)(1), the second copyright symbol, 

following the words ‘‘. . . or, in the case 

of a sound recording, the symbol’’, is 

corrected to read ‘‘Å’’. 

[FR Doc. 2015–08383 Filed 4–9–15; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0132; FRL–9925–27– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia, Maryland, and Virginia; 

Attainment Demonstration for the 1997 

8-Hour Ozone National Ambient Air 

Quality Standard for the Washington, 

DC-MD-VA Moderate Nonattainment 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the 

attainment demonstration and 

associated contingency measures and 

motor vehicle emission budgets 

(MVEBs) for the Washington, DC-MDVA, moderate ozone nonattainment area 

(Washington Area) for the 1997 8-hour 

ozone National Ambient Air Quality 

Standard (NAAQS) as submitted by the 

District of Columbia, the State of 

Maryland, and the Commonwealth of 

Virginia as revisions to each of their 

State Implementation Plans (SIPs). EPA 

has determined that each of the three 

SIP revisions including specifically the 

attainment demonstration, contingency 

measures and MVEBs meet the 

applicable requirements of the Clean Air 

Act (CAA or Act), and EPA is approving 

each revision. 

DATES: This final rule is effective on 

May 11, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0132. 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. 

Copies of the State submittal are 

available at the District of Columbia. 

Department of the Environment, Air 

Quality Division, 1200 1st Street NE., 

5th Floor, Washington, DC 20002; the 

Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230; and the Virginia 

Department of Environmental Quality, 

629 East Main Street, Richmond, 

Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cripps, (215) 814–2179, or 

by email at cripps.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The District of Columbia, the State of 

Maryland, and the Commonwealth of 

Virginia submitted formal SIP revisions 

on June 12, 2007, June 4, 2007, and June 

12, 2007, respectively (hereafter the 

June 2007 SIP revisions). These June 

2007 SIP revisions were submitted to 

address CAA requirements for the 1997 

ozone NAAQS and included the 2002 

base year emissions inventory, the 15 

percent reasonable further progress plan 

(RFP) (15% RFP plan), RFP contingency 

measures, an attainment demonstration 

to show attainment of the 1997 ozone 

NAAQS by June 15, 2010, a reasonably 

available control measures (RACM) 

analysis, and contingency measures for 

failure to attain. In addition, the 

submission included the transportation 

conformity 2008, 2009, and 2010 year 

MVEBs associated with the RFP plan, 

the attainment demonstration and 

contingency measures, respectively. The 

District of Columbia Department of the 

Environment (DDOE), the Maryland 

Department of the Environment (MDE), 

and the Virginia Department of 

Environmental Quality (VADEQ) 

(hereafter referred to as the three States) 

jointly developed the June 2007 SIP 

revisions.1

These elements of the Washington 

Area 8-hour ozone plan were required 

for the Washington Area by sections 

172(c), 182(a), and 182(b)(1) of the CAA 

due to the classification of the 

Washington Area as a moderate ozone 

nonattainment area under the 1997 

ozone NAAQS. The boundaries of the 

Washington Area are defined in the 

tables for ‘‘1997 8-Hour Ozone NAAQS 

(Primary and Secondary)’’ in 40 CFR 

81.309, 81.321 and 81.347.2

On September 11, 2011 (76 FR 58116), 

EPA approved portions of the June 2007 

SIP revisions for the three States 

including the 2002 base year emissions 

inventory, 15% RFP plan and associated 

MVEBs for 2008, RFP contingency 

measures, and the RACM analysis. In 

this rulemaking action, EPA is 

approving the remaining portions of the 

June 2007 SIP revisions for the 1997 

ozone NAAQS including the attainment 

demonstration, the contingency 

measures, and the associated 2009 and 

2010 year MVEBs.3 In a March 20, 2013 

notice of proposed rulemaking (the 

March 20, 2013 NPR), EPA proposed to 

approve these remaining elements of the 

June 2007 SIP revisions. 78 FR 17161. 


rljohnson on DSK3VPTVN1PROD with RULES