Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 11373 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T01.0026 to read as 

follows: 

§ 165. T01–0026 Safety Zone; Lady Liberty 

Sharkfest Swim, Upper New York Bay, 

Liberty Island, NY 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Upper New York Harbor, NY within a 

100 yard radius of each participating 

swimmer during the Lady Liberty 

Sharkfest Swim. 

(b) Definitions. As used in this 

section, Designated Representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port New York (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, no person or vessel may enter 

the safety zone described in paragraph 

(a) of this section unless authorized by 

the COTP or the COTP’s designated 

representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF channel 16 or by 

phone at (718) 354–4353 (Sector New 

York Command Center). Those in the 

safety zone must comply with all lawful 

orders or directions given to them by the 

COTP or the COTP’s designated 

representative. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. through 10 

a.m. on July 16, 2022. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notice to Mariners of any changes in the 

planned schedule. 

Dated: February 15, 2022. 

Z. Merchant, 

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

Port New York. 

[FR Doc. 2022–04279 Filed 2–28–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 251 

RIN 0596–AD44 

Land Uses; Special Uses; Annual 

Programmatic Administrative Fee for 

Communications Use Authorizations; 

Reopening of Comment Period 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: The Forest Service (Agency), 

U.S. Department of Agriculture, 

published a proposed rule in the 

Federal Register on December 22, 2021, 

initiating a 60-day comment period on 

the proposed rule to amend existing 

regulations to charge a statutorily 

required annual programmatic 

administrative fee for new and existing 

communications use authorizations to 

cover the costs of administering the 

Agency’s communications use program. 

The comment period for the original 

document closed February 22, 2022. 

The Agency is reopening the comment 

period for an additional 30 days from 

the date of publication of this 

document. 

DATES: The comment period for the 

proposed rule published at 86 FR 72540 

on December 22, 2021, is reopened. 

Comments must be received in writing 

by March 31, 2022. 

ADDRESSES: Comments may be 

submitted via one of the following 

methods: 

1. Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments. 

2. Mail: Director, Lands & Realty 

Management Staff, 201 14th Street SW, 

Washington, DC 20250–1124. 

3. Hand Delivery: Director, Lands & 

Realty Management Staff, 1st Floor 

Southeast, 201 14th Street SW, 

Washington, DC 20250–1124. 

All timely comments, including 

names and addresses when provided, 

will be placed in the record and will be 

available for public inspection and 

copying. The public may review 

comments at the Office of the Director, 

Lands & Realty Management, 1st Floor 

Southeast, Sidney R. Yates Federal 

Building, 201 14th Street SW, 

Washington, DC, during normal 

business hours. Visitors are encouraged 

to call ahead at 202–205–3563 to 

facilitate entry into the building. 

FOR FURTHER INFORMATION CONTACT: Joey 

Perry, Lands & Realty Management 

Staff, 530–251–3286, joey.perry@

usda.gov. Individuals who use 

telecommunication devices for the deaf 

and hard of hearing (TDD) may call the 

Federal Relay Service (FRS) at 1–800– 

877–8339, 24 hours per day, every day 

of the year, including holidays. 

SUPPLEMENTARY INFORMATION: The 

proposed rule would amend existing 

regulations to charge a statutorily 

required annual programmatic 

administrative fee for new and existing 

communications use authorizations to 

cover the costs of administering the 

Agency’s communications use program. 

To provide further opportunity for the 

public to comment, the Agency is 

reopening the comment period on the 

proposed rule for an additional 30 days. 

The proposed rule can be found at 

https://www.federalregister.gov/ 

documents/2021/12/22/2021-27681/ 

land-uses-special-uses-annualprogrammatic-administrative-fee-forcommunications-use-authorizations. 

After the comment period closes, the 

Forest Service will consider timely and 

relevant comments in the development 

of the final rule. 

Dated: February 24, 2022. 

Meryl Harrell, 

Deputy Under Secretary, Natural Resources 

& Environment. 

[FR Doc. 2022–04254 Filed 2–24–22; 11:15 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0672; FRL–9558–01– 

R1] 

Air Plan Approval; New Hampshire; 

Boston-Manchester-Portsmouth Area 

Second 10-Year Limited Maintenance 

Plan for 1997 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Clean Air Act 

(CAA), the Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the State of New 

Hampshire. On July 29, 2021, the State 

submitted its 1997 ozone national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plan (LMP) for the 

Boston-Manchester-Portsmouth 

(Portsmouth) area. EPA is proposing to 

approve the Portsmouth area LMP 

because it provides for the maintenance 

of the 1997 ozone NAAQS through the 

end of the second 10-year portion of the 


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1See ‘‘Fact Sheet, Proposal to Revise the National 

Ambient Air Quality Standards for Ozone,’’ January 

6, 2010 and 75 FR 2938 (January 19, 2010). 

2 In March 2008, EPA completed another review 

of the primary and secondary ozone standards and 

tightened them further by lowering the level for 

both to 0.075 ppm. 73 FR 16436 (March 27, 2008). 

Additionally, in October 2015, EPA completed a 

review of the primary and secondary ozone 

standards and tightened them by lowering the level 

for both to 0.70 ppm. 80 FR 65292 (October 26, 

2015). 

maintenance period. The effect of this 

action will be to make certain 

commitments related to maintenance of 

the 1997 ozone NAAQS in the 

Portsmouth maintenance area part of the 

New Hampshire SIP and therefore 

federally enforceable. 

DATES: Written comments must be 

received on or before March 31, 2022. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OAR at https://www.regulations.gov, or 

via email to rackauskas.eric@epa.gov. 

For comments submitted at 

Regulations.gov, follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

For either manner of submission, the 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

For the full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: Eric 

Rackauskas, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109—3912, tel. (617) 918–1628, email 

rackauskas.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Summary of EPA’s Action 

II. Background 

III. New Hampshire’s SIP Submittal 

IV. EPA’s Evaluation of New Hampshire’s SIP 

Submittal 

A. Procedural Requirements 

B. Substantive Requirements 

1. Attainment Emissions Inventory 

2. Maintenance Demonstration 

a. Evaluation of ozone air quality levels. 

b. Stability of ozone levels. 

3. Monitoring Network and Verification of 

Continued Attainment 

4. Contingency Plan 

V. Transportation Conformity 

VI. Proposed Action and Public Comment 

VII. Statutory and Executive Order Reviews 

I. Summary of EPA’s Action 

Under the CAA, EPA is proposing to 

approve a Limited Maintenance Plan 

(LMP) for the Boston-ManchesterPortsmouth (Portsmouth) maintenance 

area for the 1997 ozone NAAQS, 

submitted as a revision to the New 

Hampshire State Implementation Plan 

(SIP) on July 29, 2021. The Portsmouth 

area 8-hour ozone nonattainment area 

includes 52 cities and towns with a 

combined population of 729,071 in 

Hillsborough, Merrimack, Rockingham 

and Strafford counties, in the 

southeastern-most portion of the state. 

On June 15, 2004, the Portsmouth area 

was designated as nonattainment for the 

1997 ozone NAAQS. On March 4, 2013, 

the area was redesignated to attainment 

with that standard. 

The Portsmouth area’s LMP for the 

1997 ozone NAAQS submitted by the 

New Hampshire Department of 

Environmental Services (DES) is 

designed to maintain the 1997 ozone 

NAAQS within these areas through the 

end of the second ten-year period of the 

maintenance period. We are proposing 

to approve the plan because it meets all 

applicable requirements under CAA 

sections 110 and 175A. 

II. Background 

Ground-level ozone is formed when 

oxides of nitrogen (NOX) and volatile 

organic compounds (VOC) react in the 

presence of sunlight. These two 

pollutants, referred to as ozone 

precursors, are emitted by many types of 

pollution sources, including on- and offroad motor vehicles and engines, power 

plants and industrial facilities, and 

smaller area sources such as lawn and 

garden equipment and paints. Scientific 

evidence indicates that adverse public 

health effects occur following exposure 

to ozone, particularly in children and 

adults with lung disease. Breathing air 

containing ozone can reduce lung 

function and inflame airways, which 

can increase respiratory symptoms and 

aggravate asthma or other lung diseases. 

Ozone exposure also has been 

associated with increased susceptibility 

to respiratory infections, medication 

use, doctor and emergency department 

visits and hospital admissions for 

individuals with lung disease. Ozone 

exposure also increases the risk of 

premature death from heart or lung 

disease. Children are at increased risk 

from exposure to ozone because their 

lungs are still developing and they are 

more likely to be active outdoors, which 

increases their exposure.1

In 1979, under section 109 of the 

CAA, EPA established primary and 

secondary NAAQS for ozone at 0.12 

parts per million (ppm), averaged over 

a 1-hour period. 44 FR 8202 (February 

8, 1979). On July 18, 1997, EPA revised 

the primary and secondary NAAQS for 

ozone to set the acceptable level of 

ozone in the ambient air at 0.08 ppm, 

averaged over an 8-hour period. 62 FR 

38856 (July 18, 1997).2 The EPA set the 

8-hour ozone NAAQS based on 

scientific evidence demonstrating that 

ozone causes adverse health effects at 

lower concentrations and over longer 

periods of time than was understood 

when the pre-existing 1-hour ozone 

NAAQS was set. EPA determined that 

the 8-hour standard would be more 

protective of human health, especially 

for children and adults who are active 

outdoors, and individuals with a 

preexisting respiratory disease, such as 

asthma. 

Following promulgation of a new or 

revised NAAQS, EPA is required by the 

CAA to designate areas throughout the 

nation as attaining or not attaining the 

NAAQS. On April 15, 2004, EPA 

designated the Southeast New 

Hampshire area as nonattainment for 

the 1997 ozone NAAQS, and the 

designations became effective on June 

15, 2004. Under the CAA, states are also 

required to adopt and submit SIPs to 

implement, maintain, and enforce the 

NAAQS in designated nonattainment 

areas and throughout the state. 

When a nonattainment area has three 

years of complete, certified air quality 

data that has been determined to attain 

the 1997 ozone NAAQS, and the area 


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3Section 107(d)(3)(E) of the CAA sets out the 

requirements for redesignation. They include 

attainment of the NAAQS, full approval under 

section 110(k) of the applicable SIP, determination 

that improvement in air quality is a result of 

permanent and enforceable reductions in emissions, 

demonstration that the state has met all section 110 

and part D requirements, and a fully approved 

maintenance plan under CAA section 175A. 

4Calcagni, John, Director, Air Quality 

Management Division, EPA Office of Air Quality 

Planning and Standards, ‘‘Procedures for Processing 

Requests to Redesignate Areas to Attainment,’’ 

September 4, 1992 (Calcagni memo). 

5The ozone design value for a monitoring site is 

the 3-year average of the annual fourth-highest daily 

maximum 8-hour average ozone concentrations. 

The design value for an ozone nonattainment area 

is the highest design value of any monitoring site 

in the area. 

6See ‘‘Limited Maintenance Plan Option for 

Nonclassifiable Ozone Nonattainment Areas’’ from 

Sally L. Shaver, Office of Air Quality Planning and 

Standards (OAQPS), dated November 16, 1994; 

‘‘Limited Maintenance Plan Option for 

Nonclassifiable CO Nonattainment Areas’’ from 

Joseph Paisie, OAQPS, dated October 6, 1995; and 

‘‘Limited Maintenance Plan Option for Moderate 

PM10 Nonattainment Areas’’ from Lydia Wegman, 

OAQPS, dated August 9, 2001. Copies of these 

guidance memoranda can be found in the docket for 

this proposed rulemaking. 7The prior memoranda addressed: unclassifiable 

areas under the 1-hour ozone NAAQS, 

nonattainment areas for the PM10 (particulate matter 

with an aerodynamic diameter less than 10 

microns) NAAQS, and nonattainment areas for the 

carbon monoxide NAAQS. 

8See, e.g., 79 FR 41900 (July 18, 2014) (Approval 

of second ten-year LMP for Grant County 1971 SO2

maintenance area). 9See 80 FR 12315 (March 6, 2015). 

has met other required criteria described 

in section 107(d)(3)(E) of the CAA, the 

state can submit to the EPA a request to 

be redesignated to attainment, referred 

to as a ‘‘maintenance area’’.3 One of the 

criteria for redesignation is to have an 

approved maintenance plan under CAA 

section 175A. The maintenance plan 

must demonstrate that the area will 

continue to maintain the standard for 

the period extending 10 years after 

redesignation and must contain such 

additional measures as necessary to 

ensure maintenance and such 

contingency provisions as necessary to 

assure that violations of the standard 

will be promptly corrected. At the end 

of the eighth year after the effective date 

of the redesignation, the state must also 

submit a second maintenance plan to 

ensure ongoing maintenance of the 

standard for an additional ten years. 

CAA section 175A. 

EPA has published long-standing 

guidance for states on developing 

maintenance plans.4 The Calcagni 

memo provides that states may 

generally demonstrate maintenance by 

either performing air quality modeling 

to show that the future mix of sources 

and emission rates will not cause a 

violation of the NAAQS or by showing 

that future emissions of a pollutant and 

its precursors will not exceed the level 

of emissions during a year when the 

area was attaining the NAAQS (i.e., 

attainment year inventory). EPA 

clarified in three subsequent guidance 

memoranda that certain nonattainment 

areas could meet the CAA section 175A 

requirement to provide for maintenance 

by demonstrating that the area’s design 

value 5 was well below the NAAQS and 

that the historical stability of the area’s 

air quality levels showed that the area 

was unlikely to violate the NAAQS in 

the future.6 EPA refers to this 

streamlined demonstration of 

maintenance as a Limited Maintenance 

Plan (LMP). EPA has interpreted CAA 

section 175A as permitting this option 

because section 175A of the Act defines 

few specific content requirements for 

maintenance plans, and in EPA’s 

experience implementing the various 

NAAQS, areas that qualify for an LMP, 

that have an approved LMP, have rarely, 

if ever, experienced subsequent 

violations of the NAAQS. As noted in 

the LMP guidance memoranda, states 

seeking an LMP must still submit the 

other maintenance plan elements 

outlined in the Calcagni memo, 

including: An attainment emissions 

inventory, provisions for the continued 

operation of the ambient air quality 

monitoring network, verification of 

continued attainment, and a 

contingency plan in the event of a future 

violation of the NAAQS. Moreover, 

states seeking an LMP must still submit 

their section 175A maintenance plan as 

a revision to their state implementation 

plan, with all attendant notice and 

comment procedures. 

While the LMP guidance memoranda 

were originally written with respect to 

certain NAAQS,7 EPA has extended the 

LMP interpretation of section 175A to 

other NAAQS and pollutants not 

specifically covered by the previous 

guidance memos.8 In this case, EPA is 

proposing to approve New Hampshire’s 

LMP because the State has made a 

showing, consistent with EPA’s prior 

LMP guidance, that the area’s ozone 

concentrations are well below the 1997 

ozone NAAQS and have been 

historically stable. New Hampshire DES 

has submitted this LMP for the 

Southeast New Hampshire 1997 ozone 

NAAQS areas to fulfill the second 

maintenance plan requirement in the 

Act. Our evaluation of the Southeast 

New Hampshire area 1997 ozone 

NAAQS LMP is presented below. 

On March 2, 2012, New Hampshire 

DES submitted to EPA a request to 

redesignate the Portsmouth 

nonattainment areas to attainment for 

the 1997 ozone NAAQS. New 

Hampshire DES also provided EPA with 

additional information on September 

21, 2012. This submittal included a plan 

to provide for maintenance of the 1997 

ozone NAAQS in the Portsmouth 

nonattainment area through 2012 as a 

revision to the New Hampshire SIP. 

EPA approved the maintenance plan for 

the Portsmouth nonattainment area and 

the State’s request to redesignate the 

Portsmouth nonattainment area to 

attainment for the 1997 ozone NAAQS 

on January 31, 2013 (78 FR 6741). 

In conjunction with our approval of 

the Portsmouth nonattainment areas 

1997 ozone Maintenance Plan covering 

the first 10-year maintenance period, we 

approved various regulatory provisions 

adopted by the State providing for the 

continued implementation of the 

control measures relied upon for 

attainment, and for the authority for 

state agencies to implement contingency 

measures should the area violate the 

standard again during this period. 

Under CAA section 175A(b), states 

must submit a revision to the first 

maintenance plan eight years after 

redesignation to provide for 

maintenance of the NAAQS for ten 

additional years following the end of the 

first 10-year period. EPA’s final 

implementation rule for the 2008 ozone 

NAAQS revoked the 1997 ozone 

NAAQS and stated that one 

consequence of revocation was that 

areas that had been redesignated to 

attainment (i.e., maintenance areas) for 

the 1997 standard no longer needed to 

submit second 10-year maintenance 

plans under CAA section 175A(b).9 In 

South Coast Air Quality Management 

District v. EPA, the D.C. Circuit vacated 

EPA’s interpretation that second 

maintenance plans were not required for 

1997 NAAQS maintenance areas 

because of the revocation of that 

standard. South Coast, 882 F.3d 1138 

(D.C. Cir. 2018). Thus, states with 1997 

ozone NAAQS maintenance areas still 

must comply with the requirement to 

submit maintenance plans for the 

second maintenance period. 

Accordingly, on July 29, 2021, New 

Hampshire submitted second 

maintenance plans for the Portsmouth 

area that show that the area is expected 

to remain in attainment with the 1997 

ozone NAAQS through the last year of 

the second 10-year maintenance period, 

i.e., through the end of the full 20-year 

maintenance period. 

III. New Hampshire’s SIP Submittal 

On July 29, 2021, New Hampshire 

DES submitted the Portsmouth area 

LMP to the EPA as a revision to the New 

Hampshire SIP. New Hampshire DES 


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10See Calcagni memo. 11 ‘‘Limited Maintenance Plan Option for 

Nonclassifiable Ozone Nonattainment Areas’’ from 

Sally L. Shaver, Office of Air Quality Planning and 

Standards (OAQPS), dated November 16, 1994; 

‘‘Limited Maintenance Plan Option for 

Nonclassifiable CO Nonattainment Areas’’ from 

Joseph Paisie, OAQPS, dated October 6, 1995; and 

‘‘Limited Maintenance Plan Option for Moderate 

PM10 Nonattainment Areas’’ from Lydia Wegman, 

OAQPS, dated August 9, 2001. 

also provided additional information to 

EPA on December 23, 2021. The 

submittal includes the LMP and 

attachments. The plan and attachments 

include air quality data, emission 

inventory information, air quality 

monitoring information, and 

documentation of notice, hearing, and 

public participation. 

IV. EPA’s Evaluation of New 

Hampshire’s SIP Submittal 

A. Procedural Requirements 

CAA section 110(a)(2) and 110(l) 

require revisions to a SIP to be adopted 

by a state after reasonable notice and 

public hearing. EPA has promulgated 

specific procedural requirements for SIP 

revisions in 40 CFR part 51, subpart F. 

These requirements include publication 

of a notice by prominent advertisement 

in the relevant geographic area of the 

proposed SIP revisions, at least a 30-day 

public comment period, and an 

opportunity for a public hearing. 

New Hampshire DES published a 

notice of a 30-day comment period and 

notice for a public hearing for the LMP 

for the Portsmouth maintenance areas 

on the State’s website. New Hampshire 

DES received no public comments, 

either written or oral. New Hampshire 

DES then submitted the Portsmouth area 

1997 Ozone NAAQS LMP to EPA as a 

revision to the New Hampshire SIP. The 

process followed by New Hampshire 

DES in adopting the Portsmouth area 

1997 Ozone NAAQS LMP complies 

with the procedural requirements for 

SIP revisions under CAA section 110 

and EPA’s implementing regulations. 

B. Substantive Requirements 

EPA has reviewed the Portsmouth 

maintenance area 1997 Ozone NAAQS 

LMP, which is designed to maintain the 

1997 ozone NAAQS within the 

Portsmouth area through the end of the 

20-year period beyond redesignation, as 

required under CAA section 175A(b). 

The following is a summary of EPA’s 

interpretation of the requirements 10 and 

EPA’s evaluation of how each 

requirement is met. 

1. Attainment Emissions Inventory 

For maintenance plans, a state should 

develop a comprehensive, accurate 

inventory of actual emissions for an 

attainment year to identify the level of 

emissions which is sufficient to 

maintain the NAAQS. A state should 

develop this inventory consistent with 

EPA’s most recent guidance on 

emissions inventory development. For 

ozone, the inventory should be based on 

emissions of VOCs and NOX, as these 

pollutants are precursors to ozone 

formation. The Portsmouth area LMP 

includes an ozone attainment inventory 

for the Portsmouth area that reflects 

total emissions for every National 

Emissions Inventory (NEI) from 1996– 

2017. Tables 1 and 2 below contain the 

NEI data submitted by the State. The 

NEI is updated every three years. 

Additionally, though not technically 

required for a LMP, the tables include 

modeled emissions projections for 2023 

and 2028. EPA notes that the modeled 

VOC emission estimates show a slight 

increase compared to actual measured 

emissions from 2017 NEI data, with a 

12% increase from 2017 to 2023 for area 

sources and a 7% increase in non-road 

mobile sources for this same time. These 

are modeled projections, not actual 

emissions, and do not interfere with the 

State demonstrating an overall 

downward trend in total emissions 

during the maintenance period which 

continues in 2028. 

TABLE 1 NITROGEN OXIDES (NOX) 

[tons per year] 

Category 1996 1999 2002 2005 2008 2011 2014 2017 2023 2028 

Point .............................................................................. 20,690 16,170 9,786 12,068 6,969 5,887 4,343 2,691 3,362 2,975 

Area ............................................................................... 13,506 5,724 11,259 11,259 6,874 5,758 11,894 10,544 4,244 3,900 

Non-Road Mobile .......................................................... 10,265 8,547 10,015 9,246 7,116 6,532 5,565 4,262 4,808 4,564 

On-Road Mobile ............................................................ 45,984 41,873 38,799 29,750 29,308 17,243 16,292 11,036 6,355 4,539 

Total ....................................................................... 90,444 72,314 69,859 62,323 50,267 35,421 38,093 28,533 18,769 15,978 

TABLE 2 VOLATILE ORGANIC COMPOUNDS (VOC) 

[tons per year] 

Category 1996 1999 2002 2005 2008 2011 2014 2017 2023 2028 

Point .............................................................................. 5,421 2,991 1,599 1,104 783 652 441 757 637 625 

Area ............................................................................... 38,766 55,921 61,554 36,105 23,335 20,352 18,560 17,017 19,029 18,955 

Non-Road Mobile .......................................................... 18,177 18,468 21,950 21,255 19,415 15,094 12,598 8,510 9,197 8,812 

On-Road Mobile ............................................................ 26,419 24,511 21,681 18,927 11,811 9,417 9,168 6,804 4,846 3,716 

Total ....................................................................... 88,783 101,891 106,784 77,391 55,344 45,515 40,767 33,088 33,709 32,108 

Based on our review of the methods, 

models, and assumptions used by New 

Hampshire DES to develop the VOC and 

NOX estimates, we find that the 

Portsmouth area 1997 8-Hour Ozone 

NAAQS LMP includes comprehensive, 

reasonably accurate inventories of 

actual ozone precursor emissions and 

conclude that the plan’s inventories are 

acceptable for the purposes of a 

subsequent maintenance plan under 

CAA section 175A(b). 

2. Maintenance Demonstration 

The maintenance plan demonstration 

requirement is considered to be satisfied 

in a LMP if the state can provide 

sufficient weight of evidence indicating 

that air quality in the area is well below 

the level of the standard, that past air 

quality trends have been shown to be 

stable, and that the probability of the 

area experiencing a violation over the 

second 10-year maintenance period is 

low.11 These criteria are evaluated 

below with regard to the Portsmouth 

area. 

a. Evaluation of ozone air quality 

levels. 


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12This LMP guidance can found here: https://

www.epa.gov/sites/default/files/2016-06/ 

documents/1995lmp-co.pdf. 

13As part of the Ozone Transport Region (OTR), 

the Portsmouth area is also subject to additional 

permitting requirements through nonattainment 

new source review (NNSR). 

14For EPA’s full design value report please see 

https://www.epa.gov/air-trends/air-quality-designvalues. 

To attain the 1997 ozone NAAQS, the 

three-year average of the fourth-highest 

daily maximum 8-hour average ozone 

concentrations (design value) at each 

monitor within an area must not exceed 

0.08 ppm. Based on the rounding 

convention described in 40 CFR part 50, 

Appendix I, the standard is attained if 

the design value is 0.084 ppm or below. 

Consistent with prior guidance, EPA 

believes that if the most recent air 

quality design value for the area is at a 

level that is well below the NAAQS 

(e.g., below 85% of the standard, or in 

this case below 0.071 ppm), then EPA 

considers the state to have met the 

section 175A requirement for a 

demonstration that the area will 

maintain the NAAQS for the requisite 

period.12 Such a demonstration assumes 

continued applicability of PSD 

requirements, any control measures 

already in the SIP, and that Federal 

measures will remain in place through 

the end of the second 10-year 

maintenance period, absent a showing 

consistent with section 110(l) that such 

measures are not necessary to assure 

maintenance.13

Table 3 presents the design values for 

each monitor in the Portsmouth area 

over the 2017–2019 period. As shown in 

Table 3, all sites have been well below 

the level of the 1997 ozone NAAQS and 

the most current design value is below 

the level of 85% of the NAAQS, 

consistent with prior LMP guidance. 

TABLE 3 OZONE NAAQS DESIGN VALUES (DV) 

[Parts per billion, ppb] 

Design value period Hillsborough 

County 

Merrimack 

County 

Rockingham 

County 

2004–2006 ................................................................................................................................... 75 72 75 

2005–2007 ................................................................................................................................... 76 72 77 

2006–2008 ................................................................................................................................... 73 70 76 

2007–2009 ................................................................................................................................... 71 68 74 

2008–2010 ................................................................................................................................... 68 66 69 

2009–2011 ................................................................................................................................... 68 65 66 

2010–2021 ................................................................................................................................... 68 65 66 

2011–2013 ................................................................................................................................... 67 64 67 

2012–2014 ................................................................................................................................... 68 63 68 

2013–2015 ................................................................................................................................... 66 62 66 

2014–2016 ................................................................................................................................... 66 61 66 

2015–2017 ................................................................................................................................... 65 63 65 

2016–2018 ................................................................................................................................... 65 62 65 

2017–2019 ................................................................................................................................... 62 60 62 

Therefore, the Portsmouth area 

demonstration that the areas will 

maintain the NAAQS based on the long 

record of monitored ozone 

concentrations that attain the NAAQS, 

together with the continuation of 

existing VOC and NOX emissions 

control programs, adequately provide 

for the maintenance of the 1997 ozone 

NAAQS in the Portsmouth maintenance 

areas through the second 10-year 

maintenance period (and beyond). 

b. Stability of ozone levels. 

As discussed above, the Portsmouth 

area has maintained air quality well 

below the 1997 ozone NAAQS over the 

past ten years. Additionally, the design 

value data shown within Table 2 

illustrates that ozone levels have been 

relatively stable over this timeframe, 

with a modest downward trend. This 

downward trend in ozone levels, 

coupled with the relatively small yearover-year variation in ozone design 

values, makes it reasonable to conclude 

that the Portsmouth area will not exceed 

the 1997 ozone NAAQS during the 

second 10-year maintenance period. 

After New Hampshire completed the 

LMP for the Portsmouth area, EPA 

released the final 2018–2020 ozone 

design values. These values show a 

continued downward trend in ozone 

levels, with a 2018–2020 design value 

for the Portsmouth area of 0.063 ppm.14

3. Monitoring Network and Verification 

of Continued Attainment 

EPA periodically reviews the ozone 

monitoring network that New 

Hampshire DES operates and maintains, 

in accordance with 40 CFR part 58. This 

network is consistent with the ambient 

air monitoring network assessment and 

plan developed by New Hampshire DES 

that is submitted annually to EPA and 

that follows a public notification and 

review process. EPA has reviewed and 

approved the 2020 Ambient Air 

Monitoring Network Assessment and 

Plan. 

To verify the attainment status of the 

area over the maintenance period, the 

maintenance plan should contain 

provisions for continued operation of an 

appropriate, EPA-approved monitoring 

network in accordance with 40 CFR part 

58. As noted above, New Hampshire 

DES’s monitoring network in the 

Portsmouth area has been approved by 

EPA in accordance with 40 CFR part 58, 

and the area has committed to continue 

to maintain a network in accordance 

with EPA requirements. For further 

details on monitoring, the reader is 

referred to the ‘‘2020/2021 New 

Hampshire DES’s Annual Network 

Plan’’ found at https://www.des.nh.gov/ 

sites/g/files/ehbemt341/files/ 

documents/r-ard-20-03.pdf, as well as 

EPA’s approval letter for the 2020/2021 

Annual Network Plan, which can be 

found in the docket for today’s action. 

We believe New Hampshire’s 

monitoring network is adequate to 

verify continued attainment of the 1997 

ozone NAAQS in the Portsmouth area. 

4. Contingency Plan 

Section 175A(d) of the Act requires 

that a maintenance plan include 

contingency provisions. The purpose of 

such contingency provisions is to 

prevent future violations of the NAAQS 

or promptly remedy any NAAQS 

violations that might occur during the 

maintenance period. These contingency 

measures do not have to be fully 

adopted regulations at the time of 

redesignation. However, the 


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contingency plan is an enforceable part 

of the SIP and should ensure that the 

contingency measures are adopted 

expeditiously once they are triggered by 

a future violation of the NAAQS or 

some other trigger. The contingency 

plan should identify the measures to be 

expeditiously adopted and provide a 

schedule and procedure for adoption 

and implementation of the measures. 

The state should also identify specific 

triggers which will be used to determine 

when the contingency measures need to 

be implemented. While a violation of 

the NAAQS is an acceptable trigger, 

states may wish to choose a violation 

action level below the NAAQS as a 

trigger, such as an exceedance of the 

NAAQS. By taking action promptly after 

an exceedance occurs, a state may be 

able to prevent a violation of the 

NAAQS. In the unlikely event of a 

violation, New Hampshire would be 

required to adopt and enforce new 

measures to remedy the violation. 

Possible contingency measures 

identified by New Hampshire include 

the following: 

• NOX controls for industrial, 

commercial, and institutional (ICI) 

boilers. 

• VOC controls for emulsified and 

cutback asphalt paving. 

• VOC controls for consumer 

products. 

EPA proposes to find that New 

Hampshire’s contingency measures, as 

well as the commitment to continue 

implementing any SIP requirements, 

satisfy the pertinent requirements of 

CAA section 175A. 

V. Transportation Conformity 

Transportation conformity is required 

by section 176(c) of the CAA. 

Conformity to a SIP means that 

transportation activities will not 

produce new air quality violations, 

worsen existing violations, or delay 

timely attainment of the NAAQS (CAA 

176(c)(1)(B)). EPA’s conformity rule at 

40 CFR part 93 requires that 

transportation plans, programs and 

projects conform to SIPs and establish 

the criteria and procedures for 

determining whether or not they 

conform. The conformity rule generally 

requires a demonstration that emissions 

from the Regional Transportation Plan 

(RTP) and the Transportation 

Improvement Program (TIP) are 

consistent with the motor vehicle 

emissions budget (MVEB) contained in 

the control strategy SIP revision or 

maintenance plan (40 CFR 93.101, 

93.118, and 93.124). A MVEB is defined 

as ‘‘that portion of the total allowable 

emissions defined in the submitted or 

approved control strategy 

implementation plan revision or 

maintenance plan for a certain date for 

the purpose of meeting reasonable 

further progress milestones or 

demonstrating attainment or 

maintenance of the NAAQS, for any 

criteria pollutant or its precursors, 

allocated to highway and transit vehicle 

use and emissions (40 CFR 93.101). 

Under the conformity rule, LMP areas 

may demonstrate conformity without a 

regional emission analysis (40 CFR 

93.109(e)). 

All actions that would require 

transportation conformity 

determinations for the Portsmouth 

ozone maintenance areas under our 

transportation conformity rule 

provisions are considered to have 

already satisfied the regional emissions 

analysis and ‘‘budget test’’ requirements 

in 40 CFR 93.118 as a result of an 

adequacy finding for the LMP or 

approval of the LMP. (See 69 FR 40004, 

40063 (July 1, 2004).) 

However, because LMP areas are still 

maintenance areas, certain aspects of 

transportation conformity 

determinations still will be required for 

transportation plans, programs and 

projects. Specifically, for such 

determinations, RTPs, TIPs and 

transportation projects still will have to 

demonstrate that they are fiscally 

constrained (40 CFR 93.108), meet the 

criteria for consultation (40 CFR 93.105 

and 40 CFR 93.112) and Transportation 

Control Measure (TCM) implementation 

in the conformity rule provisions (40 

CFR 93.113). Additionally, conformity 

determinations for RTPs and TIPs must 

be determined no less frequently than 

every four years, and conformity of plan 

and TIP amendments and transportation 

projects is demonstrated in accordance 

with the timing requirements specified 

in 40 CFR 93.104. In addition, in order 

for projects to be approved, they must 

come from a currently conforming RTP 

and TIP (40 CFR 93.114 and 93.115). 

EPA meets monthly with the New 

Hampshire Department of 

Transportation, New Hampshire DES, 

the Federal Highway Administration 

(FHWA), the Federal Transit Authority 

(FTA), and other partners to ensure the 

conformity guidelines in the New 

Hampshire SIP are followed (see 78 FR 

71504 for EPA’s most recent approval of 

New Hampshire’s ‘‘Conformity’’ 

regulation). 

VI. Proposed Action and Public 

Comment 

Under sections 110(k) and 175A of the 

CAA and for the reasons set forth above, 

EPA is proposing to approve the second 

10-year LMP for the Portsmouth 

maintenance areas for the 1997 Ozone 

NAAQS, submitted by New Hampshire 

DES on February 18, 2020, as a revision 

to the New Hampshire SIP. We are 

proposing to approve the Portsmouth 

area LMP because we find that it 

includes an acceptable update of the 

various elements of the 1997 ozone 

NAAQS Maintenance Plan approved by 

EPA for the first 10-year period 

(including emissions inventory, 

assurance of adequate monitoring and 

verification of continued attainment, 

and contingency provisions), and 

essentially carries forward all of the 

control measures and contingency 

provisions relied upon in the earlier 

plan. 

We also find that ozone design value 

for the Portsmouth area is sufficiently 

below the 1997 ozone standard to allow 

the State to submit a LMP and that the 

Portsmouth area 1997 Ozone NAAQS 

LMP adequately demonstrates 

maintenance of the 1997 8-hour ozone 

NAAQS through documentation of 

monitoring data showing maximum 

1997 8-hour ozone levels well below the 

NAAQS and continuation of existing 

control measures. We believe the 

Portsmouth area 1997 Ozone LMP to be 

sufficient to provide for maintenance of 

the 1997 ozone NAAQS in the 

Portsmouth area over the second 10-year 

maintenance period (though 2026) and 

to thereby satisfy the requirements for 

such a plan under CAA section 175A(b). 

EPA is proposing to approve the 

Portsmouth Area’s Second 10-Year 

Limited Maintenance Plan for 1997 

Ozone NAAQS into the New Hampshire 

SIP. EPA is soliciting public comments 

on the issues discussed in this notice or 

on other relevant matters. These 

comments will be considered before 

taking final action. Interested parties 

may participate in the Federal 

rulemaking procedure by submitting 

written comments to this proposed rule 

by following the instructions listed in 

the ADDRESSES section of this Federal 

Register. 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air Act. 

Accordingly, this proposed 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 proposed action: 


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Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Proposed Rules 11379 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• 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 Clean Air Act; 

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, 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: February 18, 2022. 

David Cash, 

Regional Administrator, EPA Region 1. 

[FR Doc. 2022–04118 Filed 2–28–22; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1 and 27 

[AU Docket No. 20–429; DA 22–171; FR ID 

73250] 

Revised Inventory for Auction of 

Flexible-Use Licenses in the 2.5 GHz 

Band; Comment Sought on Upfront 

Payments, Minimum Opening Bids, 

and Other Procedures for the Revised 

Inventory of Auction 108 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule; proposed auction 

procedures. 

SUMMARY: The Office of Economics and 

Analytics and the Wireless 

Telecommunications Bureau seek 

comment on the application of 

procedures governing the conduct of 

Auction 108 in light of additions to the 

proposed license inventory for Auction 

108. 

DATES: Comments are due on or before 

March 4, 2022. 

ADDRESSES: Interested parties may file 

comments in AU Docket No. 20–429. 

Comments may be filed using the 

Commission’s Electronic Comment 

Filing System (ECFS) or by filing paper 

copies. Interested parties are strongly 

encouraged to file comments 

electronically. 

• Electronic Filers: Comments may be 

filed electronically using the internet by 

accessing the ECFS at https://

www.fcc.gov/ecfs/. 

• Paper Filers: Parties who choose to 

file by paper must file an original and 

one copy of each filing. 

• Filings in response to the Public 

Notice can be sent by commercial 

courier or by first-class or overnight U.S. 

Postal Service mail. All filings must be 

addressed to the Commission’s 

Secretary, Office of the Secretary, 

Federal Communications Commission. 

• Commercial deliveries (other than 

U.S. Postal Service Express Mail and 

Priority Mail) must be sent to 9050 

Junction Dr., Annapolis Junction, MD 

20701. 

• U.S. Postal Service first-class, 

Express, or Priority mail must be 

addressed to 45 L Street NE, 

Washington, DC 20554. 

• Until further notice, the 

Commission no longer accepts any hand 

or messenger delivered filings. This is a 

temporary measure taken to help protect 

the health and safety of individuals, and 

to mitigate the transmission of COVID– 

19. 

• Email: Commenters are asked to 

also submit a copy of their comments 

and reply comments electronically to 

the following address: auction108@

fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Auction Legal Questions: Daniel 

Habif, Lyndsey Grunewald or Scott 

Mackoul, (202) 418–0660. 

General Auction Questions: (717) 

338–2868. 

Auction Inventory Questions: John 

Schauble, (202) 418–0797. 

2.5 GHz Band Licensing Questions: 

Madelaine Maior, (202) 418–1466, or 

Nadja Sodos-Wallace, (202) 418–0955. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Auction 108 Revised 

Inventory Public Notice, AU Docket No. 

20–429, DA 22–171, adopted on 

February 18, 2022 and released on 

February 18, 2022. The complete text of 

the Auction 108 Revised Inventory 

Comment Public Notice is available on 

the Commission’s website at https://

www.fcc.gov/auction/108 or by using 

the search function for AU Docket No. 

20–429, DA 22–171, on the 

Commission’s Electronic Comment 

Filing System (ECFS) web page at 

www.fcc.gov/ecfs. Alternative formats 

are available to persons with disabilities 

by sending an email to FCC504@fcc.gov 

or by calling the Consumer & 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

I. Introduction 

1. By the Auction 108 Revised 

Inventory Comment Public Notice, the 

Office of Economics and Analytics 

(OEA) and the Wireless 

Telecommunications Bureau (WTB) 

seek further comment on the procedures 

governing to be used for Auction 108. 

Specifically, OEA and WTB seek 

comment on whether any procedures 

need to be adjusted for all the licenses 

available in Auction 108 in light of 

additions to the initial license 

inventory. OEA and WTB also seek 

comment on minimum opening bids 

and upfront payment amounts for the 

additional licenses. OEA and WTB have 

updated the listing of county and 

channel block combinations potentially 

available for Auction 108 to add or 

remove certain licenses, and that 

updated Attachment A file is available 

at www.fcc.gov/auction/108. 

2. On January 13, 2021, the 

Commission released the Auction 108 


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