3504 Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations 

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; 46 U.S.C. 

Chapter 701, 3306, 3703; 33 CFR 1.05–1, 

6.04–1, 160.5; Department of Homeland 

Security Delegation No. 0170.1. 

■ 2. Add § 165.T07–0905 to read as 

follows: 

§ 165.T07–0905 Safety Zone; Bone Island 

Triathlon, Atlantic Ocean, Key West, FL. 

(a) Regulated Area. All waters of the 

Atlantic Ocean located south of Key 

West encompassed within the following 

points: starting at Point 1 in position 

24°32′49′′ N, 81°47′19′′ W; thence south 

to Point 2 in position 24°32′33′′ N, 

81°47′09′′ W; thence northeast to Point 

3 in position 24°33′00′′ N, 81°45′44′′ W; 

thence north to Point 4 in position 

24°33′08′′ N, 81°45′44′′ W; thence 

southwest following the shoreline back 

to origin. All persons and vessels, 

except those persons and vessels 

participating in the event, are prohibited 

from entering, transiting through, 

anchoring in, or remaining within the 

race area. All coordinates are North 

American Datum. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Key West in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Captain of the 

Port Key West or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Captain of the Port Key West 

by telephone at (305) 292–8727, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Captain 

of the Port Key West or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Captain of the Port Key West or a 

designated representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date. This rule is 

effective on January 25, 2014. This rule 

will be enforced from 7 a.m. until 10 

a.m. on January 25, 2014. 

Dated: January 9, 2014. 

A.S. Young Sr., 

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

Port Key West. 

[FR Doc. 2014–01207 Filed 1–21–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0675; FRL–9905–62– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Section 110(a)(2) 

Infrastructure Requirements for the 

2010 Nitrogen Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised National 

Ambient Air Quality Standards 

(NAAQS) are promulgated, the CAA 

requires states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. The State of 

West Virginia has made a submittal 

addressing the infrastructure 

requirements for the 2010 nitrogen 

dioxide NAAQS. 

DATES: This final rule is effective on 

February 21, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0675. 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 West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Schmitt, (215) 814–5787, or by 

email at schmitt.ellen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On November 1, 2013 (78 FR 65593), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia proposing approval of West 

Virginia’s December 13, 2012 submittal 

to satisfy several requirements of section 

110(a)(2) of the CAA for the 2010 

nitrogen dioxide NAAQS. The NPR 

proposed approval of the following 

infrastructure elements: CAA section 

110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M), or portions 

thereof. EPA is taking separate action on 

the portions of section 110(a)(2)(C), 

(D)(i)(II), and (J) as they relate to West 

Virginia’s prevention of significant 

deterioration (PSD) program and on 

section 110(a)(2)(E)(ii) as it relates to 

section 128 (State Boards). West 

Virginia did not submit section 

110(a)(2)(I) which pertains to the 

nonattainment requirements of part D, 

Title I of the CAA, since this element is 

not required to be submitted by the 3- 

year submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. 

The rationale supporting EPA’s 

proposed rulemaking action, including 

the scope of infrastructure SIPs in 

general, is explained in the NPR and the 

technical support document (TSD) 

accompanying the NPR and will not be 

restated here. The TSD is available 

online at www.regulations.gov, Docket 

ID Number EPA–R03–OAR–2013–0675. 

No public comments were received on 

the NPR. 

II. Final Action 

EPA is approving West Virginia’s SIP 

revision regarding the infrastructure 


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Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations 3505 

program elements specified in CAA 

section 110(a)(2)(A), (B), (C), (D), (E), 

(F), (G), (H), (J), (K), (L), and (M), or 

portions thereof, necessary to 

implement, maintain, and enforce the 

2010 nitrogen dioxide NAAQS. EPA is 

taking separate rulemaking action on the 

portions of section 110(a)(2)(C), 

(D)(i)(II), and (J) as they relate to West 

Virginia’s PSD program and section 

110(a)(2)(E)(ii) as it relates to section 

128 (State Boards). This rulemaking 

action does not include section 

110(a)(2)(I) of the CAA which pertains 

to the nonattainment requirements of 

part D, Title I of the CAA, since this 

element is not required to be submitted 

by the 3-year submission deadline of 

section 110(a)(1), and will be addressed 

in a separate process. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

C. Petitions for Judicial Review 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 24, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action, which 

approves the CAA section 110(a)(2) 

infrastructure requirements of West 

Virginia for the 2010 nitrogen dioxide 

NAAQS, may not be challenged later in 

proceedings to enforce its requirements. 

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

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Reporting and recordkeeping 

requirements, nitrogen dioxide. 

Dated: December 23, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(e) is amended by adding an entry at the 

end of the table for Section 110(a)(2) 

Infrastructure Requirements for the 2010 

nitrogen dioxide NAAQS. The 

amendments read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(e) * * * 

Name of non-regulatory 

SIP revision 

Applicable 

geographic area 

State 

submittal 

date 

EPA approval date Additional explanation 

*******

Section 110(a)(2) Infrastructure Requirements for the 2010 nitrogen dioxide NAAQS.Statewide ...................... 12/13/12 1/22/14 [Insert Federal 

Register page number 

where the document 

begins and date].

This action addresses the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), 

(H), (J), (K), (L), and (M), or portions thereof. 


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3506 Federal Register / Vol. 79, No. 14 / Wednesday, January 22, 2014 / Rules and Regulations 

[FR Doc. 2014–01069 Filed 1–21–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0492; FRL–9905–63– 

Region–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Infrastructure Requirements 

for the 2010 Sulfur Dioxide National 

Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Delaware 

pursuant to the Clean Air Act (CAA). 

Whenever new or revised national 

ambient air quality standards (NAAQS) 

are promulgated, the CAA requires 

states to submit a plan for the 

implementation, maintenance, and 

enforcement of such NAAQS. The plan 

is required to address basic program 

elements, including, but not limited to 

regulatory structure, monitoring, 

modeling, legal authority, and adequate 

resources necessary to assure attainment 

and maintenance of the standards. 

These elements are referred to as 

infrastructure requirements. The State of 

Delaware has made a submittal 

addressing the infrastructure 

requirements for the 2010 sulfur dioxide 

(SO2) NAAQS. 

DATES: This final rule is effective on 

February 21, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0492. 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 Delaware Department of 

Natural Resources and Environmental 

Control, 89 Kings Highway, P.O. Box 

1401, Dover, Delaware 19903. 

FOR FURTHER INFORMATION CONTACT: Rose 

Quinto, (215) 814–2182, or by email at 

quinto.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of SIP Revision 

On October 24, 2013 (78 FR 63437), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of 

Delaware proposing approval of 

Delaware’s May 29, 2013 SIP submittal 

to satisfy several requirements of section 

110(a)(2) of the CAA for the 2010 SO2

NAAQS. In the NPR, EPA proposed 

approval of the following infrastructure 

elements: Sections 110(a)(2)(A), (B), (C), 

(D)(i)(II), (D)(ii), (E), (F), (G), (H), (J), (K), 

(L), and (M). The NPR does not include 

section 110(a)(2)(I), which pertains to 

the nonattainment planning 

requirements of part D, Title I of the 

CAA, since this element is not required 

to be submitted by the 3-year 

submission deadline of section 

110(a)(1), and will be addressed in a 

separate process. The NPR also did not 

address section 110(a)(2)(D)(i)(I) of the 

CAA. In accordance with the EME 

Homer City decision from the United 

States Court of Appeals for the District 

of Columbia Circuit, EPA at this time is 

not treating the 110(a)(2)(D)(i)(I) SIP 

submission from Delaware as a required 

SIP submission. 

See EME Homer City Generation, LP 

v. EPA, 696 F.3d 7 (D.C. Cir. 2012), cert. 

granted, 2013 U.S. LEXIS 4801 (2013). 

Unless the EME Homer City decision is 

reversed or otherwise modified by the 

Supreme Court, states such as Delaware 

are not required to submit section 

110(a)(2)(D)(i)(I) SIPs until EPA has 

quantified their obligations under that 

section. Therefore, EPA will address the 

portion of Delaware’s May 29, 2013 SIP 

submittal addressing section 

110(a)(2)(D)(i)(I) in a separate action. 

The rationale supporting EPA’s 

proposed action, including the scope of 

infrastructure SIPs in general, is 

explained in the NPR and the technical 

support document (TSD) accompanying 

the NPR and will not be restated here. 

The TSD is available online at 

www.regulations.gov, Docket ID 

Number EPA–R03–OAR–2013–0492. 

II. Final Action 

EPA is approving as a revision to the 

Delaware SIP, Delaware’s submittal 

which provides the basic program 

elements specified in sections 

110(a)(2)(A), (B), (C), (D)(i)(II), (D)(ii), 

(E), (F), (G), (H), (J), (K), (L), and (M) of 

the CAA, necessary to implement, 

maintain, and enforce the 2010 SO2

NAAQS. This rulemaking action does 

not include approval of Delaware’s 

submittal for sections 110(a)(2)(I) and 

110(a)(2)(D)(i)(I), which EPA will 

address in separate actions. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

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

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

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

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

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

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 


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