Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51599 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction, from further 

environmental documentation as it 

establishes a safety zone. A final 

environmental analysis checklist and a 

final categorical exclusion 

determination will be available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

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

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

Public Law 107–295, 116 Stat. 2064; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–0843 to read as 

follows: 

§ 165.T01–0843 Safety Zone: Wantagh 

Parkway 2 Bridge over the Goose Creek 

Channel, Town of Hempstead, New York. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

federal channel on the Goose Creek 

Channel in Town of Hempstead, NY, 

from surface to bottom, within 100 

yards to either side of the Wantagh 2 

Bridge. 

(b) Definitions. The following 

definitions apply to this section: 

Designated on-scene patrol personnel, 

means any commissioned, warrant and 

petty officers of the U.S. Coast Guard 

operating Coast Guard vessels who has 

been authorized to act on the behalf of 

the Captain of the Port, Long Island 

Sound. 

(c) Regulations. (1) The general 

regulations contained in 33 CFR 165.23 

apply. 

(2) In accordance with the general 

regulations in § 165.23 of this part, entry 

into or movement within this zone is 

prohibited unless authorized by the 

Captain of the Port, Long Island Sound. 

(3) All persons and vessels must 

comply with the Coast Guard Captain of 

the Port or the designated on-scene 

patrol personnel. 

(4) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel must proceed as directed. 

(5) Persons and vessels may request 

permission to enter the zone on VHF–

16 or via phone at (203) 468–4401. 

(d) Effective Period. This rule is 

effective from 12:01 a.m. on September 

2, 2008 to 11:59 p.m on December 31, 

2008. 

Dated: August 15, 2008. 

Daniel A. Ronan, 

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

Port Long Island Sound. 

[FR Doc. E8–20480 Filed 9–3–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2007–1001; FRL–8709–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; NOX and SO2 Emissions 

Limitations for Fifteen Coal-Fired 

Electric Generating Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Maryland. 

This revision pertains to regulations for 

emission limitations at 15 Maryland 

power plants. The intended effect of this 

action is to approve, with one 

exception, Maryland’s regulation which 

establishes statewide tonnage caps for 

emissions of nitrogen oxides (NOX) and 

sulfur dioxide (SO2) from 15 coal-fired 

electric generating units (EGUs). The 

exception pertains to a portion of the 

rule that Maryland requested EPA take 

no further action on. The provision, 

which EPA has determined has no 

impact on the rule that is being finalized 

today, will be withdrawn in a separate 

notice. This SIP action is being taken 

under the Clean Air Act (CAA). 

DATES: Effective Date: This final rule is 

effective on October 6, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2007–1001. 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 Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On April 6, 2006, Maryland signed 

into law the Healthy Air Act (Ch. 23, 

Acts of 2006). The Healthy Air Act 

establishes limits on the amount of NOX

and SO2 emissions that affected 

facilities can emit, and does not permit 

the use of allowances to achieve 

compliance. To implement the Healthy 

Air Act, the Maryland Department of the 

Environment (MDE) adopted COMAR 

26.11.27, Emission Limitations for 

Power Plants. These regulations require 

the installation of on-site pollution 

controls at 15 Maryland power plants 

and will ensure that appropriate local 

emission reductions will occur where 

they are needed in order to attain the 8- 

hour ozone and fine particulate matter 

National Ambient Air Quality Standards 

(NAAQS) by 2010. 

A formal SIP revision (#07–10) was 

submitted by MDE on July 12, 2007. On 

January 10, 2008 (73 FR 1851), EPA 

published a notice of proposed 

rulemaking (NPR) for the State of 

Maryland. The NPR proposed approval 

of emission limitations and related 

requirements for NOX and SO2 at 15 

coal-fired electric generating units in 

Maryland. No public comments were 

received on the NPR. 

On June 23, 2008, MDE submitted a 

letter withdrawing a portion of the July 

12, 2007 submittal. The withdrawal is 

only for COMAR 26.11.27.03B(7)(a)(iii). 

This provision requires a unit that 

exceeds its ozone season NOX emissions 


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51600 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 

limit to surrender ozone season NOX

allowances equivalent to the number of 

tons of NOX emitted in excess of the 

limit. The June 23, 2008 letter requested 

that EPA finalize its rulemaking with 

respect to the rest of the SIP Revision 

that is not withdrawn. EPA determined 

that removal of regulation COMAR 

26.11.27.03B(7)(a)(iii) does not impact 

the rest of the requirements in COMAR 

26.11.27, and is severable. By separate 

action, EPA will withdraw this 

provision as requested by MDE. 

II. Summary of SIP Revision 

The MDE is requesting that regulation 

COMAR 26.11.27, establishing tonnage 

caps for emissions of NOX and SO2 from 

15 coal-fired EGUs in Maryland, be 

approved. The purpose of these 

regulations is to help bring Maryland 

into attainment with the NAAQS for 8 

hour ozone and fine particulate matter 

by the 2010 attainment deadline. The 15 

affected units are as follows: 

Electric generating unit Jurisdiction 

Constellation Energy Group System 

Brandon Shores 1 & 2 .............................................................................. Anne Arundel County. 

H. A. Wagner 2 & 3 .................................................................................. Anne Arundel County. 

C. P. Crane 1 & 2 ..................................................................................... Baltimore County. 

Mirant System 

Chalk Point 1 & 2 ..................................................................................... Prince George’s County. 

Dickerson 1, 2, & 3 ................................................................................... Montgomery County. 

Morgantown 1 & 2 .................................................................................... Charles County. 

Allegheny Energy 

R. Paul Smith 3 & 4 ................................................................................. Washington County. 

These regulations also establish 

monitoring and reporting requirements, 

and authorize the MDE to reduce or 

waive penalties for non-compliance 

under certain conditions and provide 

for judicial review of decisions by the 

MDE to grant a reduction or waiver of 

penalties. 

III. Final Action 

Maryland has met the requirements 

for submitting a SIP revision to limit 

NOX and SO2 emissions from 15 coalfired EGUs. With the exception of 

COMAR 26.11.27.03B(7)(a)(iii), which 

will be withdrawn by separate action, 

EPA is approving the SIP revision. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

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 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 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, 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 November 3, 2008. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 


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Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Rules and Regulations 51601 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. 

This action approving Maryland’s SIP 

revision concerning emission 

limitations for NOX and SO2 at 15 coalfired EGUs 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, Nitrogen dioxide, Reporting 

and recordkeeping requirements, Sulfur 

oxides. 

Dated: August 20, 2008. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by adding an entry for 

COMAR 26.11.27 after the existing entry 

for COMAR 26.11.26 to read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of Maryland administrative 

regulations (COMAR) citation Title/subject State effective date EPA approval date Additional explanation/citation at 40 CFR 52.1100 

* * * * * * * 

26.11.27 Emission Limitations for Power Plants 

26.11.27.01 .................................. Definitions .................................... 7/16/07 9/4/08 [Insert page number where the document 

begins].

26.11.27.02 .................................. Applicability and Exceptions ........ 7/16/07 9/4/08 [Insert page number where the document 

begins].

26.11.27.03 .................................. General Requirements ................ 7/16/07 9/4/08 [Insert page number where the document 

begins].

Exceptions: Paragraphs 

.03B(7)(a)(iii) and .03D; 

the word ‘‘and’’ at the 

end of paragraph 

.03B(7)(a)(ii). 

26.11.27.05 .................................. Monitoring and Reporting Requirements.7/16/07 9/4/08 [Insert page number where the document 

begins].

26.11.27.06 .................................. Judicial Review of Penalty Waivers.7/16/07 9/4/08 [Insert page number where the document 

begins].

* * * * * * * 

* * * * * 

[FR Doc. E8–20000 Filed 9–3–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XK24 

Fisheries of the Economic Exclusive 

Zone Off Alaska; Shallow-Water 

Species Fishery by Vessels Using 

Trawl Gear in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for species that comprise the 

shallow-water species fishery by vessels 

using trawl gear in the Gulf of Alaska 

(GOA). This action is necessary because 

the fourth seasonal apportionment of 

the 2008 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA has 

been reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), September 3, 2008, through 

1200 hrs, A.l.t., October 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The fourth seasonal apportionment of 

the 2008 Pacific halibut bycatch 

allowance specified for the shallowwater species fishery in the GOA is 150 

metric tons as established by the 2008 

and 2009 harvest specifications for 

groundfish of the GOA (73 FR 10562, 

February 27, 2008), for the period 1200 

hrs, A.l.t., September 1, 2008, through 

1200 hrs, A.l.t., October 1, 2008. 

In accordance with § 679.21(d)(7)(i), 

the Administrator, Alaska Region, 

NMFS, has determined that the fourth 

seasonal apportionment of the 2008 

Pacific halibut bycatch allowance 

specified for the trawl shallow-water 

species fishery in the GOA has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for the 

shallow-water species fishery by vessels 

using trawl gear in the GOA. The 

species and species groups that 

comprise the shallow-water species 

fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka 

mackerel, skates and ‘‘other species.’’

This inseason action does not apply to 


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