Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 20163 

Zone and shall be known as the Eighth 

District Outer Continental Shelf Officer 

in Charge, Marine Inspection. The 

District Commander resolves any 

conflict between the functions of this 

marine inspection zone and any 

geographically based marine inspection 

zones described in 33 CFR 3.40–10, 

3.40–15, 3.40–28, 3.40–35, 3.40–40, 

3.40–60, or 3.40.65. 

§§ 3.40–10, 3.40–15, 3.40–28, 3.40–35, 3.40– 

40, 3.40–60, 3.40–65 [Amended] 

■ 3. Add the words the words ‘‘Subject 

to the overriding provisions of § 3.40– 

5,’’ in the following places: 

■ a. In § 3.40–10, at the beginning of the 

second sentence; 

■ b. In §§ 3.40–15 and 3.40–28, at the 

beginning of the first sentence in 

paragraph (a); 

■ c. In §§ 3.40–35, 3.40–40, and 3.40–60 

at the beginning of the second sentence; 

and 

■ d. In § 3.40–65, at the beginning of the 

first sentence in paragraph (a). 

PART 141—PERSONNEL 

■ 4. The authority for part 141 

continues to read as follows: 

Authority: 43 U.S.C. 1356; 46 U.S.C. 

70105; 49 CFR 1.46(z). 

■ 5. In § 141.15, redesignate paragraph 

(c) as paragraph (c)(1) and add 

paragraph (c)(2) to read as follows: 

§ 141.15 Restrictions on employment. 

* * * * * 

(c) * * * 

(2) Determinations in paragraph (c)(1) 

of this section for all MODUs and fixed 

and floating OCS facilities, as those 

terms are defined in 33 CFR 140.10, 

operating within the Eighth District 

Outer Continental Shelf Marine 

Inspection Zone will be made by the 

Eighth District Outer Continental Shelf 

Officer in Charge, Marine Inspection, as 

defined and described in § 3.40–5 of this 

chapter. 

Dated: April 9, 2015. 

J.C. Burton, 

Captain, U.S. Coast Guard, Director of 

Inspections and Compliance. 

[FR Doc. 2015–08533 Filed 4–14–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–0222] 

Drawbridge Operation Regulations; 

Piscataqua River, Kittery, ME 

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 Sara M. Long 

Bridge, mile 2.5, across the Piscataqua 

River between Portsmouth, New 

Hampshire and Kittery, Maine. This 

deviation is necessary to facilitate 

bridge construction. This deviation 

allows the secondary draw at the Sara 

M. Long Bridge to remain closed to 

marine traffic during construction. 

DATES: This deviation is effective from 

May 15, 2015 through October 31, 2015. 

ADDRESSES: The docket for this 

deviation, [USCG–2015–0222] 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, contact Ms. Judy K. LeungYee, 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 Sara 

M. Long Bridge across the Piscataqua 

River, mile 2.5, between Portsmouth, 

New Hampshire and Kittery, Maine, has 

a vertical clearance in the closed 

position of 8 feet at mean high water 

and 18 feet at mean low water. 

The secondary draw section will 

remain closed during construction. The 

existing bridge operating regulations are 

found at 33 CFR 117.531(c). 

The waterway is transited by seasonal 

recreational vessels and commercial 

vessels of various sizes. 

The bridge owner, Maine Department 

of Transportation, requested a 

temporary deviation from the normal 

operating schedule to facilitate bridge 

construction. 

Under this temporary deviation the 

Sara M. Long Bridge secondary draw 

may remain in the closed position from 

May 15, 2015 through October 31, 2015. 

There is an alternate route for vessel 

traffic under the main span of the Sara 

M. Long Bridge. Vessels are advised to 

remain clear of the secondary draw and 

related construction activities during 

this closure. The secondary draw 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 

bridges 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: April 6, 2015. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2015–08660 Filed 4–14–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–0202] 

RIN 1625–AA00 

Safety Zone, Eastern Branch Elizabeth 

River; Norfolk, VA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone on the 

navigable waters of the Eastern Branch 

of the Elizabeth River in support of the 

Old Dominion University (ODU) versus 

University of Virginia (UVA) Baseball 

Game fireworks event. This safety zone 

will restrict vessel movement in the 

specified area during the fireworks 

display. This action is necessary to 

provide for the safety of life and 

property on the surrounding navigable 

waters during the fireworks display. 

DATES: This rule is effective and 

enforced from 9:30 p.m. to 10:30 p.m. 

on April 28, 2015. 

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20164 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2015–0202]. 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 rule, call or 

email LCDR Gregory Knoll, Waterways 

Management Division Chief, Sector 

Hampton Roads, Coast Guard; telephone 

(757) 668–5580, email 

HamptonRoadsWaterway@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

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 written 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 a notice of proposed 

rulemaking (NPRM) with respect to this 

rule due to the short time period 

between event planners notifying the 

Coast Guard of details concerning the 

event, on March 19, 2015, and 

publication of this safety zone. As such, 

it is impracticable for the Coast Guard 

to provide a full comment period due to 

lack of time. Furthermore, delaying the 

effective date of this safety zone would 

be contrary to the public interest as 

immediate action is needed to ensure 

the safety of the event participants, 

patrol vessels, spectator craft and other 

vessels transiting the event area. The 

Coast Guard will provide advance 

notifications to users of the affected 

waterway via marine information 

broadcasts and local notice to mariners. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Due to the need for immediate 

action, the restriction on vessel traffic is 

necessary to protect life, property and 

the environment; therefore, a 30-day 

notice is impracticable. Delaying the 

effective date would be contrary to the 

safety zone’s intended objectives of 

protecting persons and vessels, and 

enhancing public and maritime safety. 

B. Basis and Purpose 

The legal basis and authorities for this 

rule are found in 33 U.S.C. 1231; 33 CFR 

1.05–1, 6.04–1, 160.5; Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to propose, establish, and 

define regulatory safety zones. 

The purpose of this safety zone is to 

protect the event participants, patrol 

vessels, spectator craft and other vessels 

transiting navigable waters of the 

Eastern Branch of the Elizabeth River 

from hazards associated with a 

fireworks display. The potential hazards 

to mariners within the safety zone 

include accidental discharge of 

fireworks, dangerous projectiles, and 

falling hot embers or other debris. 

C. Discussion of the Final Rule 

On April 28, 2015, the Harbor Park 

Stadium will be hosting the ODU versus 

UVA baseball game which will include 

a fireworks display on the bank of the 

Eastern Branch of the Elizabeth River in 

Norfolk, VA. The fireworks debris 

fallout area will extend over the 

navigable waters of the Eastern Branch 

of the Elizabeth River. 

The Captain of the Port of Hampton 

Roads is establishing a safety zone on 

specified waters of the Eastern Branch 

of the Elizabeth River in Norfolk, VA. 

The fireworks will be launched from the 

shoreline of the Eastern Branch of the 

Elizabeth River located behind the 

Harbor Park Stadium. The safety zone 

will encompass all navigable waters 

within a 210 foot radius of the fireworks 

launching location at position 

36°50′29.8896′′ N, 076°16′43.662′′ W and 

36°50′30.3678′′ N, 076°16′39.936′′ W. 

This safety zone will be established and 

enforced from 9:30 p.m. to 10:30 p.m. 

on April 28, 2015. Access to the safety 

zone will be restricted during the 

specified date and times. Except for 

participants and vessels authorized by 

the Captain of the Port of his 

Representative, no person or vessel may 

enter or remain in the regulated area. 

The Captain of the Port will give 

notice of the enforcement of the safety 

zone by all appropriate means to 

provide the widest dissemination of 

notice to the affected segments of the 

public. This includes publication in the 

Local Notice to Mariners and Marine 

Information Broadcasts. 

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. Although this safety zone 

restricts vessel traffic through the 

regulated area, the effect of this rule will 

not be significant because: (i) This rule 

will only be enforced for the limited 

size and duration of the event; and (ii) 

the Coast Guard will make extensive 

notification to the maritime community 

via marine information broadcasts so 

mariners may adjust their plans 

accordingly. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

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 affects the following entities, 

some of which might be small entities: 

the owners or operators of vessels 

intending to transit or anchor in waters 

of the Eastern Branch of the Elizabeth 

River during the enforcement period. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: (i) The safety 

zone is of limited size and duration, and 

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Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 20165 

(ii) Sector Hampton Roads will issue 

maritime advisories widely available to 

users of the Eastern Branch of the 

Elizabeth River allowing mariners to 

adjust their plans 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 

listed in the FOR FURTHER INFORMATION

CONTACT, 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 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. This rule 

is categorically excluded from further 

review under paragraph 34–(g) of Figure 

2–1 of the Commandant Instruction. 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. 1231; 50 U.S.C. 191; 

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

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0202 to read as 

follows: 

§ 165.T05–0202 Safety Zone, Eastern 

Branch Elizabeth River; Norfolk, VA. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector Hampton Roads. 

Representative means any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

Participants mean individuals 

responsible for launching the fireworks. 

(b) Locations. The following area is a 

safety zone: 

(1) All waters of the Eastern Branch of 

the Elizabeth River within a 210 foot 

radius of the fireworks display in 

approximate position 36°50′29.8896′′ N, 

076°16′43.662′′ W and 36°50′30.3678′′ N, 

076°16′39.936′′ W, located near the 

Harbor Park Stadium, Norfolk, Virginia. 

(c) Regulations. 

(1) All persons are required to comply 

with the general regulations governing 

safety zones in § 165.23 of this part. 

(2) With the exception of participants, 

entry into or remaining in this safety 

zone is prohibited unless authorized by 

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20166 Federal Register / Vol. 80, No. 72 / Wednesday, April 15, 2015 / Rules and Regulations 

1An ‘‘expected number’’ of exceedances is a 

statistical term that refers to an arithmetic average. 

An ‘‘expected number’’ of exceedances may be 

equivalent to the number of observed exceedances 

plus an increment that accounts for incomplete 

sampling. See, 40 CFR part 50, appendix H. 

Because, in this context, the term ‘‘exceedances’’ 

refers to days (during which the daily maximum 

hourly ozone concentration exceeded 0.124 ppm), 

the maximum possible number of exceedances in a 

given year is 365 (or 366 in a leap year). 

the Captain of the Port, Hampton Roads 

or his designated representatives. 

(3) All vessels underway within this 

safety zone at the time it is implemented 

are to depart the zone immediately. 

(4) The Captain of the Port, Hampton 

Roads or his representative can be 

contacted at telephone number (757) 

668–5555. 

(5) The Coast Guard vessels enforcing 

the safety zone can be contacted on 

VHF–FM marine band radio channel 13 

(165.65Mhz) and channel 16 (156.8 

Mhz). 

(6) This section applies to all persons 

or vessels wishing to transit through the 

safety zone except participants and 

vessels that are engaged in the following 

operations: 

(i) Enforcing laws; 

(ii) Servicing aids to navigation; and 

(iii) Emergency response vessels. 

(7) The U.S. Coast Guard may be 

assisted in the patrol and enforcement 

of the safety zone by Federal, State, and 

local agencies. 

(d) Enforcement Period. This rule will 

be enforced from 9:30 p.m. to 10:30 p.m. 

on April 28, 2015. 

Dated: April 3, 2015. 

Christopher S. Keane, 

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

Port Hampton Roads. 

[FR Doc. 2015–08659 Filed 4–14–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0612; FRL–9925–32– 

Region–9] 

Determination of Attainment of the 1- 

Hour Ozone National Ambient Air 

Quality Standard in the Southeast 

Desert Nonattainment Area in 

California 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is determining that the 

Southeast Desert nonattainment area has 

attained the 1-hour ozone National 

Ambient Air Quality Standard. This 

determination is based on complete, 

quality-assured, and certified data for 

the most recent three-year period (2011– 

2013). Preliminary data available 

through December 2014 are consistent 

with continued attainment. 

DATES: This final rule is effective on 

May 15, 2015. 

ADDRESSES: The EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2014–0612. The index to the docket for 

this action is available electronically at 

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

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), EPA 

Region IX, (415) 972–3856, 

kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

On August 25, 2014 (79 FR 50574), 

the EPA proposed to determine that the 

Southeast Desert 1-hour ozone 

nonattainment area has attained the 1- 

hour ozone National Ambient Air 

Quality Standard (NAAQS or 

‘‘standard’’), based on complete, qualityassured and certified ambient air quality 

data for the 2011 to 2013 monitoring 

period. The Southeast Desert 1-hour 

ozone nonattainment area covers the 

Victor Valley/Barstow region in San 

Bernardino County, the Coachella 

Valley region in Riverside County, and 

the Antelope Valley portion of Los 

Angeles County (see 40 CFR 81.305 for 

the precise boundaries of the 1-hour 

ozone nonattainment area). 

Our proposed rule provides 

background information on the 1-hour 

ozone standard; the designations and 

classifications of the Southeast Desert 

under the Clean Air Act (CAA or ‘‘Act’’) 

for the 1-hour ozone standard; EPA’s 

prior determination that the Southeast 

Desert failed to attain the 1-hour ozone 

standard by the 2007 applicable 

attainment date based on 2005–2007 

ozone data; and the recent request by 

the State of California to make a finding 

of attainment of the 1-hour ozone 

standard for the Southeast Desert in 

light of improved ozone conditions in 

the area. See 79 FR 50574, at 50575. We 

also described how we determine 

whether an area’s air quality meets the 

1-hour ozone standard; identified the 

relevant air monitoring agencies in the 

Southeast Desert and their respective 

ozone monitoring networks and 

monitoring network plans; and 

documented our previous review of the 

networks and network plans, the 

agencies’ annual certifications of 

ambient air monitoring data, and our 

determination of completeness for 

2011–2013 data from the eight 

monitoring sites within the Southeast 

Desert. See 79 FR 50574, at 50576. 

Please see our proposed rule for more 

information concerning these topics. 

Our proposed rule included a table of 

‘‘expected exceedences’’ for the 

Southeast Desert nonattainment area. 

See 79 FR 50574, at 50577. As explained 

in our proposed rule, an area is 

considered to have attained the 1-hour 

ozone standard if there are no violations 

of the standard, in accordance with 40 

CFR 50.9 and based on three 

consecutive calendar years of complete, 

quality-assured and certified monitoring 

data. A violation occurs when the 

‘‘expected number’’ of days per calendar 

year with maximum hourly average 

concentrations above 0.12 ppm is 

greater than one (1.0) at any site in the 

area, when averaged over three 

consecutive calendar years.1 An 

exceedance occurs when the maximum 

hourly ozone concentration during any 

day exceeds 0.124 ppm. For more 

information, please see ‘‘National 1- 

hour primary and secondary ambient air 

quality standards for ozone’’ (40 CFR 

50.9) and ‘‘Interpretation of the 1-Hour 

Primary and Secondary National 

Ambient Air Quality Standards for 

Ozone’’ (40 CFR part 50, appendix H). 

Based on our review of the monitoring 

data, and taking into account the extent 

and reliability of the applicable ozone 

monitoring network, we proposed to 

determine that the Southeast Desert has 

attained the 1-hour ozone standard 

based on complete, certified and 

quality-assured data for the 2011–2013 

period. In our proposed rule, we 

indicated that we would review 

preliminary data for 2014 prior to taking 

final action. We have now done so and 

find that preliminary data for 2014, from 

January through December, for the 

ozone monitoring sites in the Southeast 

Desert are consistent with continued 

attainment. 

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