Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 67065 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves 

establishing a safety zone. This rule is 

categorically excluded from further 

review under paragraph (34)(g) of Figure 

2–1 of the Commandant Instruction. An 

environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 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; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T05–0693 to read as 

follows: 

§ 165.T05–0693 Safety Zone, Elizabeth 

River; Portsmouth, VA. 

(a) Definitions. For the purposes of 

this section, Captain of the Port means 

the Commander, Sector Hampton Roads. 

Representative means any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized to act on the 

behalf of the Captain of the Port. 

(b) Location. The following area is a 

safety zone: specified waters of the 

Captain of the Port Sector Hampton 

Roads zone, as defined in 33 CFR 3.25– 

10: the marked channel of the Elizabeth 

River between Elizabeth River Channel 

Buoy 31 (LLNR 9835) and Elizabeth 

River Channel Buoy 34 (LLNR 9855). 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated Representative. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Contact on scene contracting 

vessels via VHF channel 13 and 16 for 

passage instructions. 

(ii) If on scene proceed as directed by 

any commissioned, warrant or petty 

officer on shore or on board a vessel that 

is displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads can be reached through the Sector 

Duty Officer at Sector Hampton Roads 

in Portsmouth, Virginia at telephone 

number (757) 668–5555. 

(4) The Coast Guard Representatives 

enforcing the safety zone can be 

contacted on VHF–FM marine band 

radio channel 13 (165.65Mhz) and 

channel 16 (156.8 Mhz). 

(d) Enforcement Period. This section 

will be enforced for 12 periods of 48 

hours in length beginning at midnight 

on January 5, January 12, January 19, 

January 22, January 27, February 9, 

March 2, March 5, March 10, March 23, 

March 30 and April 6, 2015. Any 

deviations from these times willbe 

communicated via marine information 

broadcasts. 

Dated: October 17, 2014. 

Christopher S. Keane, 

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

Port Hampton Roads. 

[FR Doc. 2014–26670 Filed 11–10–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0784] 

RIN 1625–AA00 

Safety Zone; Natchez Specialties New 

Year’s Eve Firework Display, Lower 

Mississippi River, Mile Marker, (MM) 

363.5 to 364.5 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary Safety Zone for 

all waters of the Lower Mississippi 

River, from MM 363.5 to MM 364.5. 

This safety zone is needed to protect 

persons and vessels from the potential 

safety hazards associated with a 

fireworks display. Entry into this zone 

is prohibited to all vessels, mariners, 

and persons unless specifically 


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67066 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 

authorized by the Captain of the Port 

(COTP), Lower Mississippi River or a 

designated representative. 

DATES: This rule is effective from 7:30 

p.m. to 8:00 p.m. on December 31, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2014–0784]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Tyrone Conner, Sector Lower 

Mississippi River Waterways 

Management Division, U.S. Coast 

Guard; telephone (901) 521–4725, email 

Tyrone.L.Conner@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

COTP Captain of the Port 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ While a full 30 

days notice is provided, under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not completing the 

full notice of proposed rulemaking 

(NPRM) process with respect to this 

rule. After reviewing the details of the 

application and the fireworks display, 

the Coast Guard determined that a 

fireworks display taking place over a 

confined waterway presents certain 

safety hazards requiring additional 

safety measures. This safety zone is 

needed to protect fireworks display 

spectators, and other mariners from 

those safety hazards. Delaying or 

foregoing this safety measure would be 

contrary to the public interest. 

Additionally, this display has been 

advertised to the local community and 

while the application for this event was 

not timely submitted, we understand 

that the local community has 

undertaken considerable planning for 

this event. It would thus be 

impracticable and unnecessary to 

reschedule or delay the planned event 

in order to complete the full NPRM 

process. Rescheduling or delaying the 

event would interfere with commercial 

and contractual obligations. 

B. Basis and Purpose 

The legal basis and authority for this 

rule are found in 33 U.S.C. 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; Pub. L. 107–295, 116 

Stat. 2064; and Department of 

Homeland Security Delegation No. 

0170.1, which authorizes the Coast 

Guard to establish and define regulatory 

safety zones. The Natchez Specialties 

New Year’s Eve Firework Display is 

scheduled to take place on December 

31, 2014 on the Lower Mississippi River 

MM 364.0. The introduction of 

fireworks display into a commercially 

transited waterway poses significant 

safety hazards to both the operators and 

the commercial vessels. 

The COTP Lower Mississippi River is 

establishing a temporary safety zone for 

a portion of the Lower Mississippi River 

from MM 363.5 to MM 364.5 to 

safeguard persons and vessels, during 

the fireworks display. The COTP 

anticipates minimal impact on vessel 

traffic due to this regulation. However, 

the temporary safety zone is deemed 

necessary for the safeguard of life and 

property within the COTP Lower 

Mississippi zone. 

C. Discussion of the Final Rule 

The Natchez Specialties New Year’s 

Eve Firework Display is scheduled to 

take place on December 31, 2014 on the 

Lower Mississippi River at MM 364.0. 

The Coast Guard is establishing a 

temporary safety zone to protect life and 

property from the hazards associated 

with a fireworks display on a 

commercially transited waterway. This 

temporary safety zone encompasses all 

waters of the Lower Mississippi River 

from MM 363.5 to MM 364.5. This 

temporary safety zone is effective from: 

7:30 p.m. to 8:00 p.m. on December 31, 

2014. Entry into, transiting or anchoring 

in the safety zone is prohibited unless 

specifically authorized by the COTP 

Lower Mississippi River or a designated 

representative. Requests for deviation 

from this restriction should be directed 

to the COTP Lower Mississippi River or 

designated representative. Deviation 

requests will be considered on a caseby-case basis. 

The COTP Lower Mississippi River 

may be contacted by telephone at 866– 

777–2784. The COTP Lower Mississippi 

River or a designated representative will 

inform the public through broadcast 

notice to mariners of changes in the 

effective period or planned schedule for 

these restrictions. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes or 

executive orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The temporary safety zone listed in 

this rule will only restrict vessel traffic 

from entering, transiting, or anchoring 

within a small portion of the Lower 

Mississippi River. The effect of this 

regulation will not be significant for 

several reasons: (1) This rule will only 

affect vessel traffic for a short duration; 

(2) vessels may request permission from 

the COTP to deviate from the restriction 

and transit through the safety zone; and 

(3) the impacts on routine navigation are 

expected to be minimal because 

notifications to the marine community 

will be made through local notice to 

mariners (LNM) and broadcast notice to 

mariners (BNM). Therefore, these 

notifications will allow the public to 

plan operations around the safety zone 

and its enforcement times. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 


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Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 67067 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners or operators of 

vessels intending to transit the Lower 

Mississippi River from MM 363.5 to 

MM 364.5 effective from 7:30 p.m. to 

8:00 p.m. on December 31, 2014. This 

safety zone will not have a significant 

economic impact on a substantial 

number of small entities because this 

rule will only be in effect during 

scheduled firework display times for 

approximately thirty minutes on the day 

the event is occurring. Traffic in this 

area is limited to almost entirely 

recreational vessels and commercial 

towing vessels. Notifications to the 

marine community will be made 

through BNMs and electronic mail. 

Notices of changes to the safety zone 

and scheduled effective times and 

enforcement periods will also be made. 

Deviation from the restrictions may be 

requested from the COTP or designated 

representative and will be considered 

on a case-by-case basis. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

3. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT, above. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone that is not expected to have any 

environmental impact as described in 

NEPA. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. 

An environmental analysis checklist 

supporting this determination and a 

Categorical Exclusion Determination are 

available in the docket where indicated 

under ADDRESSES. We seek any 

comments or information that may lead 

to the discovery of a significant 

environmental impact from this rule. 

List of Subjects in 33 CFR Part 165 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 


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67068 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 

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; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. A new temporary § 165.T08–0784 is 

added to read as follows: 

§ 165.T08–0784 Safety Zone; Natchez 

Specialties New Year’s Eve Firework 

Display, Lower Mississippi River Mile 

Marker, (MM) 363.5 to (MM) 364.5, Natchez, 

MS. 

(a) Location. The following area is 

under a temporary safety zone: waters of 

the Lower Mississippi River, from MM 

363.5 to MM 364.5. 

(b) Effective date and times. This rule 

will be effective from 7:30 p.m. to 8:00 

p.m. on December 31, 2014. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this area is 

prohibited unless authorized by the 

Captain of the Port (COTP) Lower 

Mississippi River or a designated 

representative. 

(2) Spectator vessels may safely 

transit outside the safety zone at a 

minimum safe speed, but may not 

anchor, block, loiter, or impede 

participants or official patrol vessels. 

(3) Vessels requiring entry into or 

passage through the safety zone must 

request permission from the COTP 

Lower Mississippi River or a designated 

representative. They may be contacted 

on VHF–FM channels 16 or by 

telephone at (901) 521–4822. 

(4) All vessels shall comply with the 

instructions of the COTP Lower 

Mississippi River and designated 

personnel. Designated personnel 

include commissioned, warrant, and 

petty officers of the U.S. Coast Guard. 

(d) Informational Broadcasts. The 

Captain of the Port, Lower Mississippi 

River or a designated representative will 

inform the public through broadcast 

notices to mariners (BNM) of the 

effective period for the safety zone and 

of any changes in the effective period, 

enforcement times, or size of the safety 

zone. 

Dated: October 31, 2014. 

J.D. Burns, 

Acting, Commander, U.S. Coast Guard, 

Acting Captain of the Port, Lower Mississippi 

River. 

[FR Doc. 2014–26753 Filed 11–10–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2012–0099; FRL–9919–02– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Texas; 

Reasonable Further Progress Plan, 

Enhanced Monitoring, Clean Fuel 

Fleets and Failure-to-Attain 

Contingency Measures for the Dallas/ 

Fort Worth 1997 8-Hour Ozone 

Nonattainment Area; and 

Transportation Conformity 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving revisions to 

the Texas State Implementation Plan 

(SIP) submitted by the Texas 

Commission on Environmental Quality 

(TCEQ) on January 17, 2012, which 

contain a reasonable further progress 

(RFP) plan and associated contingency 

measures and motor vehicle emission 

budgets; a revised 2002 base year 

emissions inventory for the RFP; 

enhanced ambient monitoring; and the 

clean-fuel fleet programs for the Dallas/ 

Fort Worth (DFW) Serious 

nonattainment area under the 1997 8- 

hour ozone standard. The EPA is also 

approving revisions to the DFW 

Moderate area attainment demonstration 

SIP submitted by the TCEQ on April 6, 

2010, which address the failure-to-attain 

contingency measures. The EPA is also 

approving revisions submitted by the 

TCEQ on July 25, 2007, March 25, 2010 

and April 13, 2012, which address the 

Texas transportation conformity rules 

and the Texas Diesel Emissions 

Reduction Incentive Program for OnRoad and Non-Road Vehicles. The EPA 

is approving these SIP revisions in 

accordance with the requirements of the 

Clean Air Act (CAA or Act). 

DATES: This final rule is effective on 

December 12, 2014. 

ADDRESSES: The EPA established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2012–0099. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

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 http://

www.regulations.gov or in hard copy at 

the Air Planning Section (6PD–L), 

Environmental Protection Agency, 1445 

Ross Avenue, Suite 700, Dallas, Texas 

75202–2733. To inspect the hard copy 

materials, please schedule an 

appointment with the person listed in 

the FOR FURTHER INFORMATION CONTACT

paragraph below or Mr. Bill Deese at 

214–665–7253. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Paige, Air Planning Section 

(6PD–L); telephone (214) 665–6521; 

email address paige.carrie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ means the EPA. 

Table of Contents 

I. Background 

II. Response to Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

The background for this final rule is 

discussed in the May 13, 2014 Federal 

Register (FR) where we proposed to 

approve revisions to the Texas SIP (79 

FR 27257), henceforth referred to as our 

‘‘Proposal.’’ We proposed to approve all 

or parts of six SIP revisions submitted 

by the TCEQ, which we organized into 

three categories. First, we proposed to 

approve revisions to the Texas SIP 

submitted on January 17, 2012, to meet 

certain Serious area requirements of 

section 182(c) of the Act for the DFW 

nonattainment area under the 1997 

ozone standard: The reasonable further 

progress (RFP) plan; the RFP 

contingency measure provisions; the 

revised 2002 base year emission 

inventory (EI); enhanced ambient 

monitoring; and the clean-fuel fleet 

programs (CFFPs). Our proposed 

approval of the RFP includes the 

associated motor vehicle emission 

budgets (MVEBs) for 2011 and 2012— 

once the EPA approves the submitted 

MVEBs, they must be used by local, 

state and Federal agencies in 

determining whether transportation 

activities conform to the SIP as required 

by section 176(c) of the CAA and 40 

CFR 93.102. Second, we proposed to 

approve revisions to the DFW SIP’s 

failure-to-attain contingency measures 

plan for the Moderate ozone 

nonattainment area under the 1997 

ozone standard, submitted on April 6, 

2010. Third, we proposed to approve 

into the SIP revisions submitted on July 

25, 2007, March 25, 2010, and April 13, 

2012, that make the Texas 

transportation conformity rules 

consistent with the Federal Surface 


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