31898 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules 

CFR 165.13 apply to the regulated 

navigation area created by this 

temporary section, § 165.T05–0125. 

(1) All vessels and persons are 

prohibited from entering and accessing 

this regulated navigation area, except as 

authorized by the District Commander 

or his or her designated representative. 

(2) Persons or vessels requiring entry 

into or passage within the regulated 

navigation area must request 

authorization from the District 

Commander or his or her designated 

representative, by telephone at (410) 

576–2693 or by marine band radio on 

VHF–FM Channel 16 (156.8 MHz), from 

8 a.m. until 10 p.m. on July 23, 2011. 

All Coast Guard vessels enforcing this 

regulated navigation area can be 

contacted on marine band radio VHF– 

FM Channel 16 (156.8 MHz). 

(3) All vessels and persons must 

comply with instructions of the District 

Commander or the designated 

representative. 

(4) The operator of any vessel entering 

or located within this regulated 

navigation area shall: 

(i) Travel at no-wake speed, 

(ii) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign, and 

(iii) Proceed as directed by any 

commissioned, warrant or petty officer 

on board a vessel displaying a Coast 

Guard Ensign. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the regulated navigation 

area by any Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

will be enforced from 8 a.m. until 10 

p.m. on July 23, 2011. 

Dated: May 23, 2011. 

William D. Lee, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2011–13688 Filed 6–1–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0798–201133; FRL– 

9314–2] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Georgia: Rome; 

Determination of Attainment by 

Applicable Attainment Date for the 

1997 Annual Fine Particulate 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine pursuant to the Clean Air Act 

(CAA), that the Rome, Georgia fine 

particulate (PM2.5) nonattainment area 

(hereafter referred to as ‘‘the Rome Area’’ 

or ‘‘the Area’’) attained the 1997 annual 

PM2.5 national ambient air quality 

standards (NAAQS) by the applicable 

attainment date of April 5, 2010. The 

determination of attainment was 

previously made by EPA on April 5, 

2011, based on quality-assured and 

certified monitoring data for the 2007– 

2009 monitoring period, that Rome, 

Georgia had attained the 1997 annual 

PM2.5 NAAQS. The Rome Area is 

comprised of Floyd County, Georgia in 

its entirety. EPA is now proposing to 

find that the Rome Area attained the 

1997 annual PM2.5 NAAQS by its 

applicable attainment date. EPA is 

proposing this action because it is 

consistent with the CAA and its 

implementing regulations. 

DATES: Comments must be received on 

or before July 5, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0798, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–0798, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0798. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules 31899 

1Per section 176(c) of the CAA, transportation 

conformity requirements apply in areas that are 

designated nonattainment and those areas that are 

redesignated from nonattainment to attainment. 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person 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 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Sara 

Waterson or Joel Huey of the Regulatory 

Development Section, in the Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Sara 

Waterson may be reached by phone at 

(404) 562–9061, or via electronic mail at 

waterson.sara@epa.gov. Joel Huey may 

be reached by phone at (404) 562–9104, 

or via electronic mail at 

huey.joel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

II. What is the background for this action? 

III. What is the air quality in the Rome area 

for the 1997 annual PM2.5 NAAQS for the 

2007–2009 monitoring period? 

IV. What is the effect of this action? 

V. What is the proposed action? 

VI. Statutory and Executive Order Reviews 

I. What action is EPA taking? 

Based on EPA’s review of the qualityassured and certified monitoring data 

for 2007–2009, and in accordance with 

section 179(c)(1) of the CAA and EPA’s 

regulations, EPA proposes to determine 

that the Rome Area has attained the 

1997 annual PM2.5 NAAQS by the 

applicable attainment date of April 5, 

2010. 

On April 5, 2011, EPA published a 

final rulemaking making a 

determination of attainment to suspend 

the requirements for the Rome Area to 

submit an attainment demonstration 

and associated reasonably available 

control measures (RACM), a reasonable 

further progress (RFP) plan, contingency 

measures, and other planning State 

Implementation Plan (SIP) revisions 

related to attainment of the standard 

shall be suspended so long as the Area 

continues to attain the 1997 annual 

PM2.5 NAAQS. See 76 FR 18650. 

Today’s proposed action merely makes 

a determination that the Rome Area has 

attained the 1997 Annual PM2.5 NAAQS 

by its applicable attainment date. This 

action is not a re-proposal of the 

attainment determination to suspend 

the requirements for the Rome Area to 

submit an attainment demonstration 

and associated RACM, a RFP plan, 

contingency measures, and other 

planning SIP revisions related to 

attainment of the standard. More 

information regarding the 1997 annual 

PM2.5 standard and EPA’s determination 

of attainment for the Rome Area is 

available in 76 FR 18650 (April 5, 2011). 

II. What is the background for this 

action? 

As a nonattainment area for the 1997 

annual PM2.5 NAAQS, the Rome Area 

had an applicable attainment date of 

April 5, 2010 (based on 2007–2009 

monitoring data). Pursuant to section 

179(c) of the CAA, EPA is required to 

make a determination on whether the 

area attained the standard by its 

applicable attainment date. Specifically, 

section 179(c)(1) of the CAA reads as 

follows: ‘‘As expeditiously as practicable 

after the applicable attainment date for 

any nonattainment area, but not later 

than 6 months after such date, the 

Administrator shall determine, based on 

the area’s air quality as of the attainment 

date, whether the area attained the 

standard by that date.’’ 

III. What is the air quality in the Rome 

area for the 1997 annual PM2.5 NAAQS 

for the 2007–2009 monitoring period? 

Under EPA regulations at 40 CFR 

50.7, the 1997 annual primary and 

secondary PM2.5 standards are met when 

the annual arithmetic mean 

concentration, as determined in 

accordance with 40 CFR part 50, 

Appendix N, is less than or equal to 

15.0 μg/m3 at all relevant monitoring 

sites in the subject area. 

EPA reviewed the ambient air 

monitoring data for the Rome Area in 

accordance with the provisions of 40 

CFR part 50, Appendix N. All data 

considered have been quality-assured, 

certified, and recorded in EPA’s Air 

Quality System database. This review 

addresses air quality data collected in 

the 3-year period 2007–2009, which is 

the period EPA must consider for areas 

that had an applicable attainment date 

of April 5, 2010. 

TABLE 1—ANNUAL AVERAGE CONCENTRATIONS IN THE ROME AREA

County Site No. 

Annual average 

concentration 

(μg/m3) 

Without data substitution ........................................ Floyd ....................................................................... 13–115–0003 13.3 

With data substitution ............................................. Floyd ....................................................................... 13–115–0003 14.6 

As shown in the above table, during 

the 2007–2009 design period, the Rome 

Area met the 1997 annual PM2.5 NAAQS 

both with and without data substitution. 

The official annual design value for the 

Rome Area for the 2007–2009 period is 

13.3 μg/m3. More detailed information 

on the monitoring data for the Rome 

Area during the 2007–2009 design 

period is provided in EPA’s April 5, 

2011, final rulemaking to approve the 

clean data determination for the Rome 

Area for the 1997 annual PM2.5 NAAQS. 

See 76 FR 18650. 

IV. What is the effect of this action? 

This action is only a proposed 

determination that the Rome Area has 

attained the 1997 annual PM2.5 NAAQS 

by its applicable attainment date of 

April 5, 2010, consistent with CAA 

section 179(c)(1). Finalizing this 

proposed action would not constitute a 

redesignation of the Rome Area to 

attainment of 1997 annual PM2.5

NAAQS under section 107(d)(3) of the 

CAA. Further, finalizing this proposed 

action does not involve approving a 

maintenance plan for the Rome Area as 

required under section 175A of the 

CAA, nor would it find that the Rome 

Area has met all other requirements for 

redesignation. Even if EPA finalizes 

today’s proposed action, the designation 

status of the Rome Area would remain 

nonattainment for the 1997 annual 

PM2.5 NAAQS until such time as EPA 

determines that the Area meets the CAA 

requirements for redesignation to 

attainment and takes action to 

redesignate the Area.1

V. What is the proposed action? 

EPA is proposing to determine, based 

on quality-assured and certified 

monitoring data for the 2007–2009 

monitoring period, that the Rome Area 

has attained the 1997 annual PM2.5

NAAQS by the applicable attainment 

date of April 5, 2010. This proposed 


srobinson on DSK4SPTVN1PROD with PROPOSALS
31900 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules 

action is being taken pursuant to section 

179(c)(1) of the CAA, and is consistent 

with the CAA and its implementing 

regulations. 

VI. Statutory and Executive Order 

Reviews 

This action proposes to make a 

determination of attainment based on 

air quality, and would not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this proposed 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 proposed 

determination that the Rome Area 

attained the 1997 annual average PM2.5

NAAQS does not have Tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), because the SIPs are not 

approved to apply in Indian country 

located in the states, and EPA notes that 

it will not impose substantial direct 

costs on Tribal governments or preempt 

Tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Particulate matter, 

Reporting and recordkeeping 

requirements. 

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

Dated: May 23, 2011. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2011–13668 Filed 6–1–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2011–0408–201132; FRL– 

9314–1] 

Approval and Promulgation of 

Implementation Plans and 

Designations of Areas for Air Quality 

Planning Purposes; Alabama, Georgia, 

and Tennessee: Chattanooga and 

Macon; Determination of Attainment by 

Applicable Attainment Date for the 

1997 Annual Fine Particulate 

Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to 

determine pursuant to Clean Air Act 

(CAA), that the Chattanooga, TennesseeGeorgia, fine particulate (PM2.5) 

nonattainment area (hereafter referred to 

as ‘‘the Chattanooga Area’’) and the 

Macon, Georgia PM2.5 nonattainment 

area (hereafter referred to as ‘‘the Macon 

Area’’) attained the 1997 annual PM2.5

national ambient air quality standards 

(NAAQS) by the applicable attainment 

date of April 5, 2010. The 

determinations of attainment were 

previously proposed by EPA on March 

22, 2011, and were based on qualityassured and certified monitoring data 

for the 2007—2009 monitoring period. 

The Chattanooga Area is comprised of 

Hamilton County in Tennessee, Catoosa 

and Walker Counties in Georgia, and a 

portion of Jackson County in Alabama. 

The Macon Area is comprised of Bibb 

County in its entirety and a portion of 

Monroe County in Georgia. EPA is now 

proposing to find that both of the aboveidentified areas attained the 1997 

annual PM2.5 NAAQS by their 

applicable attainment dates. EPA is 

proposing these actions because they are 

consistent with the CAA and its 

implementing regulations. 

DATES: Comments must be received on 

or before July 5, 2011. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2011–0408, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2011–0408, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Ms. 

Lynorae Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2011– 

0408. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 


srobinson on DSK4SPTVN1PROD with PROPOSALS