[Federal Register Volume 79, Number 86 (Monday, May 5, 2014)]
[Rules and Regulations]
[Pages 25508-25519]
[FR Doc No: 2014-09272]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[EPA-HQ-OAR-2013-0802; FRL 9909-24-OAR]
RIN 2060-AS15

Technical Amendments to Inadvertent Errors in Air Quality
Designations for Fine Particles, Ozone, Lead, Nitrogen Dioxide and
Sulfur Dioxide

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to make technical amendments to address several minor,
inadvertent and nonsubstantive errors in the regulatory text
establishing the air quality designations for certain areas in fourteen
states for the 1997 Fine Particles (PM2.5) National Ambient
Air Quality Standard (NAAQS), the 2008 Ozone NAAQS, the 2008 Lead
NAAQS, the 2010 Nitrogen Dioxide (NO2) NAAQS and the 2010
Sulfur Dioxide (SO2) NAAQS. The states are: Alabama,
Florida, Georgia, Idaho, Indiana, Iowa, Minnesota, Missouri, North
Carolina, Ohio, Oregon, Tennessee, Washington and Wisconsin. This
action does not change the designation for any area.

DATES: This rule is effective on August 4, 2014 without further notice,
unless the EPA receives adverse comment by June 4, 2014. If the EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that this rule, or the relevant
provisions of this rule, will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0802, by one of the following methods:
     www.regulations.gov. Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>Attention Docket ID
No. EPA-HQ-OAR-2013-0802.
     Fax:<PHONE_NUMBER>, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.
     Mail: Docket ID No. EPA-HQ-OAR-2013-0802, Environmental
Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460.
     Hand Delivery: EPA Docket Center, U.S. Environmental
Protection Agency, 1301 Constitution Avenue NW., Room: 3334, Mail Code:
6102T, Washington, DC 20460, Attention Docket ID No. EPA-HQ-OAR-2013-
0802. Such deliveries are only accepted during the Docket's normal
hours of operation, and special arrangements should be made for
deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0802. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at 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 information that you
consider to be CBI or otherwise protected through www.regulations.gov,
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means the EPA will not know your identity or contact
information

unless you provide it in the body of your comment. If you send an email
comment directly to the EPA without going through www.regulations.gov,
your email 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, the 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 the
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, the 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 commenting on this rule, see section II of
this document. For additional information about the EPA's public
docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the index at
http://www.regulations.gov. 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 through http://www.regulations.gov or in hard copy at the EPA's Docket Center, Public
Reading Room, William Jefferson Clinton West Building, Room 3334, 1301
Constitution Avenue NW., Washington, DC 20004. This Docket Center is
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number for the Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742.
    Documents related to the affected designations are available in the
following dockets:

Designations for the 1997 PM2.5 NAAQS: Docket ID No. EPA-HQ-
OAR-2003-0061;
Designations for the 2008 Ozone NAAQS: Docket ID No. EPA-HQ-OAR-2008-
0476;
Designations for the 2008 Lead NAAQS: Docket ID No. EPA-HQ-OAR-2009-
0443;
Designations for the 2010 NO2 NAAQS: Docket ID No. EPA-HQ-
OAR-2011-0572; and
Designations for the 2010 SO2 NAAQS: Docket ID No. EPA-HQ-
OAR-2012-0233.

    In addition, the EPA has established Web sites for the designation
rulemakings at: http://www.epa.gov/pmdesignations/, http://www.epa.gov/ozonedesignations, http://www.epa.gov/leaddesignations/, http://www.epa.gov/no2designations/ and http://www.epa.gov/so2designations.

FOR FURTHER INFORMATION CONTACT: Carla Oldham, Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, Mail Code
C539-04, Research Triangle Park, N.C. 27711, phone number (919) 541-
3347 or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

    The following is the outline of the preamble.

I. Why is the EPA using a direct final rule?
II. What should I consider as I prepare my comments for EPA?
    A. Submitting CBI
    B. Tips for Preparing Your Comments
III. What is the purpose of this action?
IV. What are the technical amendments to inadvertent errors in prior
designations?
    A. Technical Amendments Concerning Designations for the 1997
PM2.5 Annual NAAQS
    B. Technical Amendments Concerning Designations for the 2008
Ozone NAAQS
    C. Technical Amendments Concerning Designations for the 2008
Lead NAAQS
    D. Technical Amendments Concerning Designations for the 2010
NO2 NAAQS
    E. Technical Amendments Concerning Designations for the 2010
SO2 NAAQS
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act
    L. Judicial Review

I. Why is the EPA using a direct final rule?

    The EPA is publishing this direct final rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment. This action makes technical amendments
to address several minor, inadvertent and nonsubstantive errors in the
regulatory text that established the air quality designations for
certain areas for several NAAQS. However, in the ``Proposed Rules''
section of this Federal Register, we are publishing a separate document
that will serve as the proposed rule to make the technical amendments
if adverse comments are received on this direct final rule. We will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. For further
information about commenting on this rule, see the ADDRESSES section
and section II of this document.
    If the EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule. If we
receive adverse comment on a distinct provision of this rulemaking, we
will publish a timely withdrawal in the Federal Register indicating
which provisions we are withdrawing. The provisions that are not
withdrawn will become effective on the date set out above,
notwithstanding adverse comment on any other provision.

II. What should I consider as I prepare my comments for EPA?

A. Submitting CBI

    Do not submit this information to the EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to the EPA, mark the outside of the disk or CD-ROM
as CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2. Send or deliver information
identified as CBI only to the following address: Roberto Morales, OAQPS
Document Control Officer (C404-02), U.S. EPA,

Research Triangle Park, NC 27711, Attention Docket ID No. EPA-HQ-OAR-
2013-0802.

B. Tips for Preparing Your Comments

    When submitting comments, remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Register (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     Provide specific examples to illustrate your concerns and
suggest alternatives.
     Explain your views as clearly as possible.
     Make sure to submit your comments by the comment period
deadline identified.

III. What is the purpose of this action?

    Whenever the EPA establishes a new NAAQS, section 107(d) of the
Clean Air Act (CAA) requires the EPA to designate all areas of the
country as meeting or not meeting the new NAAQS, or as unclassifiable
where available information does not support a determination whether an
area is meeting the NAAQS. The area designations and boundaries for
each NAAQS are set forth in tables in the CFR at 40 CFR part 81.
    This action makes technical amendments to minor, inadvertent and
nonsubstantive errors in the 40 CFR part 81 regulatory text concerning
the air quality designations for certain areas in fourteen states for
the 1997 PM2.5 NAAQS, the 2008 Ozone NAAQS, the 2008 Lead
NAAQS, the 2010 NO2 NAAQS and the 2010 SO2 NAAQS.
These states are: Alabama, Florida, Georgia, Idaho, Indiana, Iowa,
Minnesota, Missouri, North Carolina, Ohio, Oregon, Tennessee,
Washington and Wisconsin. The affected areas and the inadvertent errors
to be corrected are discussed in section IV and the revisions to the
regulatory text are provided at the end of this preamble. This action
does not change the designation for any area.

IV. What are the technical amendments to inadvertent errors in prior
designations?

A. Technical Amendments Concerning Designations for the 1997
PM2.5 Annual NAAQS

    In an action signed on December 17, 2004, the EPA promulgated air
quality designations for the 1997 annual PM2.5 NAAQS (70 FR
944; January 5, 2005). The EPA designated Chattanooga as a multi-state
nonattainment area that includes parts of Tennessee, Georgia and
Alabama. As the naming convention for identifying multi-state
nonattainment areas, the EPA uses the initials for all states that are
partially or wholly included in the area. For the Chattanooga
nonattainment area, the EPA inadvertently omitted the state initials
for Alabama and identified the area as Chattanooga, TN-GA in the 40 CFR
part 81 tables designation tables. Therefore, it is not evident when
looking at the area name in the 40 CFR part 81 tables for Tennessee and
Georgia that the area includes a portion of Alabama. The EPA is
correcting the area name to be Chattanooga, TN-GA-AL.

B. Technical Amendments Concerning Designations for the 2008 Ozone
NAAQS

    In an action signed on April 30, 2012, the EPA promulgated air
quality designations for the 2008 ozone NAAQS (77 FR 30088; May 21,
2012). By letter dated January 28, 2014, the North Carolina Department
of Environment and Natural Resources notified the EPA that there were
errors in the 40 CFR part 81 designation table for North Carolina.
Specifically, North Carolina pointed out that Concord Township in
Cabarrus County and Gold Hill Township in Rowan County were not listed
as part of the Charlotte-Rock Hill, NC-SC nonattainment area.
    In March 2009, and again in October 2011, North Carolina
recommended that the counties of Cabarrus, Gaston, Lincoln,
Mecklenburg, Rowan, Union, in their entirety and a portion of Iredell
County be designated as ``nonattainment.'' After evaluating North
Carolina's recommendation, in December 2011, the EPA notified North
Carolina that it intended to designate those areas as part of the
Charlotte-Rock Hill, NC-SC nonattainment area. On February 29, 2012,
North Carolina submitted an updated recommendation requesting that for
Cabarrus, Gaston, Lincoln, Rowan and Union Counties, the EPA only
include certain townships in the nonattainment area. North Carolina
provided a multi-factor technical analysis for each county to support
the partial county boundaries and provided maps identifying the
townships the state recommended as nonattainment. The EPA evaluated the
new technical information and concluded it was appropriate to include
the partial counties, as recommended by North Carolina, as part of the
designated nonattainment area. The technical analyses for Cabarrus and
Rowan Counties and the nonattainment area maps are clear that Concord
Township in Cabarrus County and Gold Hill Township in Rowan County were
intended to be included as part of the nonattainment area. However, the
two counties were not listed in Table 1 of their recommendation. In
preparing the 40 CFR part 81 designation table, the EPA relied on Table
1 for its list of counties included as part of the nonattainment area,
and thus inadvertently did not include Concord and Gold Hill Townships.
Therefore, the EPA is correcting the errors by listing Concord Township
in Cabarrus County and Gold Hill Township in Rowan County as part of
that Charlotte-Rock Hill, NC-SC nonattainment area, consistent with the
state's recommendation and the analysis in the record.
    In an action signed on May 31, 2012, the EPA promulgated the air
quality designation for the 2008 Ozone NAAQS for several counties in
Illinois, Indiana and Wisconsin (77 FR 34221; June 11, 2012). The EPA
designated all or parts of 11 counties as the Chicago-Naperville, IL-
IN-WI nonattainment area, including part of Kenosha County, WI. In the
40 CFR part 81 table for Wisconsin, the EPA described the included part
of Kenosha County in terms of townships, based on historical maps that
the EPA has since learned are no longer in general use. Therefore, the
EPA is replacing the description of the boundary for the included part
of the county with an alternative description that is easily
recognizable and well defined in existing maps and documents in current
use. The alternative partial county description is ``The portion of
Kenosha County bounded by the Lake Michigan shoreline on the East, the
Kenosha County boundary on the North, the Kenosha County boundary on
the South and the I-94 corridor (including the entire corridor) on the
West.''

C. Technical Amendments Concerning Designations for the 2008 Lead NAAQS

    The EPA completed the designations for the 2008 Lead NAAQS in two
final rules. The EPA promulgated the first rule designating certain
areas for the 2008 Lead NAAQS in an action signed on November 16, 2010
(75 FR 71033;

November 22, 2010) and the second rule designating all remaining areas
on November 8, 2011 (76 FR 72097; November 22, 2011).
    The EPA is correcting inadvertent errors in the entries for two
areas in the 40 CFR part 81 tables for the lead designations. In the
second rule, the EPA inadvertently omitted the word ``County'' in the
name of the lead nonattainment area in Iowa and identified it as
``Pottawattamie, IA'' rather than ``Pottawattamie County, IA.'' The EPA
is adding ``County'' to the area name. The area is correctly identified
as ``Pottawattamie County, IA'' in the Technical Support Document (TSD)
for the area, which is available in the docket (EPA-HQ-OAR-2009-0443-
0491).
    In the second rule designating areas for the 2008 Lead NAAQS, the
EPA also reformatted the existing lead designation tables in 40 CFR
part 81. For the ``Iron, Dent, and Reynolds Counties, MO''
nonattainment area, which was designated in the first rule, a
typographical error occurred when the tables were reformatted, which
resulted in the designation effective date for the included portion of
Dent County being listed in the 40 CFR part 81 table as 2/31/10 rather
than 12/31/10. The effective date was correct in the original table
included in the first rule. The EPA is correcting the typographical
error. The effective date for the other portions of the nonattainment
area is correctly identified as 12/31/10, consistent with the effective
date for all other areas designated in the first designation rule.

D. Technical Amendments Concerning Designations for the 2010
NO2 NAAQS

    In an action signed on January 20, 2012, the EPA promulgated air
quality designations for the 2010 NO2 NAAQS (77 FR 9532;
February 17, 2012). The EPA designated all areas as unclassifiable/
attainment. In letters sent in June 2011, from the EPA Regional
Administrators to the states, the EPA indicated it intended to
designate all areas of the country as unclassifiable/attainment using
the boundaries each state had recommended to the EPA or using revised
boundaries each state might provide in response to the letter. The EPA
recommended that the states consider the implications for the
prevention of significant deterioration permitting program if the
entire state were designated as a single area rather than as several
smaller areas.
    For the states of Indiana, Minnesota and Washington, the EPA
inadvertently designated areas according to the state's original
recommendations rather than the revised boundary recommendations
submitted by these states. For Idaho and Oregon, the EPA designated
areas according to the EPA's interpretation of each state's original
recommendation. Subsequently, the states informed the EPA that the
agency had interpreted their recommendations incorrectly. The EPA is
correcting the listings of the unclassifiable/attainment areas for each
of these five states in accordance with their recommendations as
discussed below.
    For Indiana, the EPA designated four counties separately and
designated the remaining counties in the states collectively as ``Rest
of State.'' By letter dated July 29, 2011, from Thomas W. Easterly,
Commissioner of the State of Indiana, to Susan Hedman, EPA Regional
Administrator, Indiana responded to the EPA's June 2011 letter
concerning designations for the NO2 NAAQS. Indiana said it
``wishes to make it clear that each county within the state should be
classified under the standard separately.'' The EPA is correcting the
listing of the of unclassifiable/attainment areas in Indiana to list
those remaining counties as separate areas.
    For Minnesota, the EPA designated all areas in the state
unclassifiable/attainment collectively as ``State of Minnesota.'' By
letter dated August 9, 2011, from Paul W. Assen, Commissioner of
Minnesota, to Susan Hedman, EPA Regional Administrator, Minnesota
provided revised recommendations in response to the EPA's June 2011
letter concerning designations for the NO2 NAAQS. Minnesota
recommended that the EPA ``make a designation for each county within
Minnesota.'' The EPA is correcting the listing of the unclassifiable/
attainment areas in Minnesota to list each county as a separate area.
    For Washington, the EPA designated all areas in the state
unclassifiable/attainment collectively as ``State of Washington.'' By
letter dated August 19, 2011, from Ted Sturdevant, Director of the
State of Washington Department of Ecology, to Dennis J. McLerran, EPA
Regional Administrator, Washington clarified the state's
recommendations in response to the EPA's June 2011 letter concerning
designations for the NO2 NAAQS. Washington recommended that
all six of the state's Air Quality Control Regions (AQCRs) be
designated unclassifiable/attainment. The EPA is correcting the listing
of the unclassifiable/attainment areas in Washington to list the areas
by AQCRs.
    For Idaho, the EPA designated the unclassifiable/attainment areas
by AQCRs, according to the EPA's interpretation of the state's December
17, 2010, recommendation from Toni Hardesty, Director of the Idaho
Department of Environmental Quality to Dennis J. McLerran, EPA Regional
Administrator. Subsequently, in conversation with the EPA, Idaho
clarified that the state had wanted a statewide area designation for
the NO2 NAAQS rather than listing each AQCR as a separate
area. The EPA is correcting the listings of the unclassifiable/
attainment areas for Idaho to specify one statewide unclassifiable/
attainment area in accordance with the state's original recommendation,
as clarified.
    For Oregon, the EPA designated each county separately as an
unclassifiable/attainment area according to the EPA's interpretation of
the state's January 21, 2011, recommendation from Governor John
Kitzhaber, MD to Dennis J. McLerran, EPA Regional Administrator.
Subsequently, in conversation with the EPA, Oregon clarified that the
state had wanted all areas in the state to be designated collectively
as one statewide area for the NO2 NAAQS rather than by
separate counties. The EPA is correcting the listings of the
unclassifiable/attainment areas for Oregon to specify one statewide
unclassifiable/attainment area in accordance with the state's original
recommendation, as clarified.

E. Technical Amendments Concerning Designations for the 2010
SO2 NAAQS

    In an action signed on July 25, 2013, the EPA promulgated the
initial designations for certain areas for the 2010 SO2
NAAQS (78 FR 47191; August 5, 2013). The EPA is correcting inadvertent
errors in descriptions for two of the areas.
    The EPA designated part of Hillsborough County, Florida as
nonattainment. In the 40 CFR part 81 table for Florida, the EPA
described the boundary of the nonattainment portion of the county as:
``That portion of Hillsborough County encompassed by the polygon with
the vertices using Universal Traverse Mercator (UTM) coordinates in UTM
zone 17 with datum NAD83 as follows: (1) Vertices--UTM Easting (m)
35881, UTM Northing 3076066; (2) vertices--UTM Easting (m) 355673, UTM
Northing 3079275; (3) vertices--UTM Easting (m) 360300, UTM Northing
3086380; (4) vertices--UTM Easting (m) 366850, UTM Northing 3086692;
(5) vertices--UTM Easting (m) 368364, UTM Northing 3083760; and (6)
vertices--UTM Easting (m) 365708, UTM Northing 3079121.'' Under (1) of
the boundary description, the EPA made a typographical error that
omitted a digit in identifying the UTM Easting (m) vertice. The EPA is

correcting the error so that the number reads as ``358581'' rather than
``35881.'' This correction is consistent with the TSD for the
nonattainment area, which is available in the docket (EPA-HQ-OAR-2012-
0233-0307) and on the SO2 designations Web site.
    For the Campbell-Clermont Counties, KY-OH SO2
nonattainment area, the entry for the area in the 40 CFR part 81 table
for Ohio indicates that only part of Clermont County is included in the
nonattainment area, but the boundary description for the included part
was inadvertently omitted. Therefore, the EPA is adding the partial
county description to read ``Pierce Township'' as provided in the TSD
(EPA-HQ-OAR-2012-0233-0313) for the nonattainment area, which is
available in the docket and on the SO2 designations Web
site.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action makes technical amendments to minor, inadvertent and
nonsubstantive errors in prior area designations. This type of action
is exempt from review under Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This action corrects minor,
inadvertent and nonsubstantive errors in prior area designations and
does not require any party to perform an information collection.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations and small governmental jurisdictions. For purposes
of assessing the impacts of today's rule on small entities, small
entity is defined as: (1) A small business as defined by the Small
Business Administration's regulations at 13 CFR 121.201; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of today's final rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This action
makes technical amendments to address several minor, inadvertent and
nonsubstantive errors in the regulatory text concerning the air quality
designations for certain areas in prior designation actions and does
not impose any requirements on small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains no federal mandate under the provisions of
Title II of the UMRA of 1995, 2 U.S.C. 1531-1538 for state, local or
tribal governments or the private sector. The action does not impose an
enforceable duty on any state, local or tribal governments or the
private sector. Therefore, this action is not subject to the
requirements of sections 202 and 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This action
corrects minor, inadvertent and nonsubstantive errors in prior area
designations.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132. This action make technical
amendments to minor, inadvertent and nonsubstantive errors in prior
area designations. Thus, Executive Order 13132 does not apply to this
action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This action only
makes technical amendments to minor, inadvertent and nonsubstantive
errors in prior area designations. Thus, Executive Order 13175 does not
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern health
or safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution or Use

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    Section 12(d) of the NTTAA of 1995, Public Law No. 104-113, section
12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus
standards (VCS) in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impracticable. VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs the EPA to provide Congress,
through the Office of Management and Budget, explanations when the
agency decides not to use available and applicable VCS. This action
does not involve technical standards. Therefore, the EPA did not
consider the use of any VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the U.S.

    The EPA has determined that this rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action makes technical amendments to minor,
inadvertent, nonsubstantive errors in the designations for certain
areas.

K. Congressional Review Act

    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. The EPA will submit a report containing this rule 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). This rule will be effective on August 4, 2014.

L. Judicial Review

    In the final actions designating areas for the PM2.5
NAAQS, ozone NAAQS, lead NAAQS, NO2 NAAQS, and
SO2 NAAQS, the EPA determined that the actions were
``nationally applicable'' within the meaning of CAA section 307(b)(1).
Because this action is making corrections to those nationally
applicable rules, we are determining that this action is also
nationally applicable within the meaning of section 307(b)(1). Thus,
petitions for review of this final action must be filed in the Court of
Appeals for the District of Columbia Circuit. Section 307(b)(1)
requires such petitions to be filed within 60 days from the date final
action is published in the Federal Register.

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: April 15, 2014
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, 40 CFR Part 81, is
amended as follows:

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
1. The authority citation for part 81 continues to read as follows:

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

Subpart C--Section 107 Attainment Status Designations

Sec.  81.301  [Amended]

0
2. In Sec.  81.301, the table titled ``Alabama--PM2.5
(Annual NAAQS)'' is amended by removing ``Chattanooga, TN-GA'' in the
``Designated area'' column and adding in its place ``Chattanooga, TN-
GA-AL''.

0
3. In Sec.  81.310, the table titled ``Florida--2010 Sulfur Dioxide
NAAQS (Primary)'' is amended by revising the partial county description
under ``Hillsborough County (part)'' under the ``Hillsborough County,
FL'' nonattainment area to read as follows:

Sec.  81.310  Florida.

* * * * *

                                       Florida--2010 Sulfur Dioxide NAAQS
                                                    [Primary]
----------------------------------------------------------------------------------------------------------------
                                                                                Designation
                        Designated area                        -------------------------------------------------
                                                                     Date                     Type
----------------------------------------------------------------------------------------------------------------
Hillsborough County, FL \1\...................................         10-4-13  Nonattainment.
Hillsborough County (part):
    That portion of Hillsborough County encompassed by the      ..............  ................................
     polygon with the vertices using Universal Traverse
     Mercator (UTM) coordinates in UTM zone 17 with datum
     NAD83 as follows: (1) Vertices--UTM Easting (m) 358581,
     UTM Northing 3076066; (2) vertices--UTM Easting (m)
     355673, UTM Northing 3079275; (3) UTM Easting (m) 360300,
     UTM Northing 3086380; (4) vertices--UTM Easting (m)
     366850, UTM Northing 3086692; (5) vertices--UTM Easting
     (m) 368364, UTM Northing 3083760; and (6) vertices--UTM
     Easting (m) 365708, UTM Northing 3079121.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless otherwise specified.

* * * * *

Sec.  81.311  [Amended]

0
4. In Sec.  81.311, the table titled ``Georgia--PM2.5
(Annual NAAQS)'' is amended by removing ``Chattanooga, TN-GA'' in the
``Designated area'' column and adding in its place ``Chattanooga, TN-
GA-AL''.

0
5. Section 81.313 is amended by revising the table titled ``Idaho--
NO2 (2010 1-Hour Standard)'' to read as follows:

Sec.  81.313  Idaho.

* * * * *

                                                   Idaho--NO2
                                             [2010 1-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                                       Designation \a\
              Designated area              ---------------------------------------------------------------------
                                               Date \1\                             Type
----------------------------------------------------------------------------------------------------------------
State of Idaho............................  ..............  Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after October 31, 2011, unless otherwise noted.

* * * * *

0
6. Section 81.315 is amended by revising the table titled ``Indiana--
NO2 (2010 1-Hour Standard)'' to read as follows:

Sec.  81.315  Indiana.

* * * * *

                                                  Indiana--NO2
                                             [2010 1-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                                       Designation \a\
              Designated area              ---------------------------------------------------------------------
                                               Date \1\                             Type
----------------------------------------------------------------------------------------------------------------
Adams County..............................  ..............  Unclassifiable/Attainment.
Allen County..............................  ..............  Unclassifiable/Attainment.
Bartholomew County........................  ..............  Unclassifiable/Attainment.
Benton County.............................  ..............  Unclassifiable/Attainment.
Blackford County..........................  ..............  Unclassifiable/Attainment.
Boone County..............................  ..............  Unclassifiable/Attainment.
Brown County..............................  ..............  Unclassifiable/Attainment.
Carroll County............................  ..............  Unclassifiable/Attainment.
Cass County...............................  ..............  Unclassifiable/Attainment.
Clark County..............................  ..............  Unclassifiable/Attainment.
Clay County...............................  ..............  Unclassifiable/Attainment.
Clinton County............................  ..............  Unclassifiable/Attainment.
Crawford County...........................  ..............  Unclassifiable/Attainment.
Daviess County............................  ..............  Unclassifiable/Attainment.
Dearborn County...........................  ..............  Unclassifiable/Attainment.
Decatur County............................  ..............  Unclassifiable/Attainment.
Dekalb County.............................  ..............  Unclassifiable/Attainment.
Delaware County...........................  ..............  Unclassifiable/Attainment.
Dubois County.............................  ..............  Unclassifiable/Attainment.
Elkhart County............................  ..............  Unclassifiable/Attainment.
Fayette County............................  ..............  Unclassifiable/Attainment.
Floyd County..............................  ..............  Unclassifiable/Attainment.
Fountain County...........................  ..............  Unclassifiable/Attainment.
Franklin County...........................  ..............  Unclassifiable/Attainment.
Fulton County.............................  ..............  Unclassifiable/Attainment.
Gibson County.............................  ..............  Unclassifiable/Attainment.
Grant County..............................  ..............  Unclassifiable/Attainment.
Greene County.............................  ..............  Unclassifiable/Attainment.
Hamilton County...........................  ..............  Unclassifiable/Attainment.
Hancock County............................  ..............  Unclassifiable/Attainment.
Harrison County...........................  ..............  Unclassifiable/Attainment.
Hendricks County..........................  ..............  Unclassifiable/Attainment.
Henry County..............................  ..............  Unclassifiable/Attainment.
Howard County.............................  ..............  Unclassifiable/Attainment.
Huntington County.........................  ..............  Unclassifiable/Attainment.
Jackson County............................  ..............  Unclassifiable/Attainment.
Jasper County.............................  ..............  Unclassifiable/Attainment.
Jay County................................  ..............  Unclassifiable/Attainment.
Jefferson County..........................  ..............  Unclassifiable/Attainment.
Jennings County...........................  ..............  Unclassifiable/Attainment.
Johnson County............................  ..............  Unclassifiable/Attainment.
Knox County...............................  ..............  Unclassifiable/Attainment.
Kosciusko County..........................  ..............  Unclassifiable/Attainment.
Lagrange County...........................  ..............  Unclassifiable/Attainment.
Lake County...............................  ..............  Unclassifiable/Attainment.
La Porte County...........................  ..............  Unclassifiable/Attainment.
Lawrence County...........................  ..............  Unclassifiable/Attainment.
Madison County............................  ..............  Unclassifiable/Attainment.
Marion County.............................  ..............  Unclassifiable/Attainment.
Marshall County...........................  ..............  Unclassifiable/Attainment.
Martin County.............................  ..............  Unclassifiable/Attainment.
Miami County..............................  ..............  Unclassifiable/Attainment.

Monroe County.............................  ..............  Unclassifiable/Attainment.
Montgomery County.........................  ..............  Unclassifiable/Attainment.
Morgan County.............................  ..............  Unclassifiable/Attainment.
Newton County.............................  ..............  Unclassifiable/Attainment.
Noble County..............................  ..............  Unclassifiable/Attainment.
Ohio County...............................  ..............  Unclassifiable/Attainment.
Orange County.............................  ..............  Unclassifiable/Attainment.
Owen County...............................  ..............  Unclassifiable/Attainment.
Parke County..............................  ..............  Unclassifiable/Attainment.
Perry County..............................  ..............  Unclassifiable/Attainment.
Pike County...............................  ..............  Unclassifiable/Attainment.
Porter County.............................  ..............  Unclassifiable/Attainment.
Posey County..............................  ..............  Unclassifiable/Attainment.
Pulaski County............................  ..............  Unclassifiable/Attainment.
Putnam County.............................  ..............  Unclassifiable/Attainment.
Randolph County...........................  ..............  Unclassifiable/Attainment.
Ripley County.............................  ..............  Unclassifiable/Attainment.
Rush County...............................  ..............  Unclassifiable/Attainment.
St. Joseph County.........................  ..............  Unclassifiable/Attainment.
Scott County..............................  ..............  Unclassifiable/Attainment.
Shelby County.............................  ..............  Unclassifiable/Attainment.
Spencer County............................  ..............  Unclassifiable/Attainment.
Starke County.............................  ..............  Unclassifiable/Attainment.
Steuben County............................  ..............  Unclassifiable/Attainment.
Sullivan County...........................  ..............  Unclassifiable/Attainment.
Switzerland County........................  ..............  Unclassifiable/Attainment.
Tippecanoe County.........................  ..............  Unclassifiable/Attainment.
Tipton County.............................  ..............  Unclassifiable/Attainment.
Union County..............................  ..............  Unclassifiable/Attainment.
Vanderburgh County........................  ..............  Unclassifiable/Attainment.
Vermillion County.........................  ..............  Unclassifiable/Attainment.
Vigo County...............................  ..............  Unclassifiable/Attainment.
Wabash County.............................  ..............  Unclassifiable/Attainment.
Warren County.............................  ..............  Unclassifiable/Attainment.
Warrick County............................  ..............  Unclassifiable/Attainment.
Washington County.........................  ..............  Unclassifiable/Attainment.
Wayne County..............................  ..............  Unclassifiable/Attainment.
Wells County..............................  ..............  Unclassifiable/Attainment.
White County..............................  ..............  Unclassifiable/Attainment.
Whitley County............................  ..............  Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after October 31, 2011, unless otherwise noted.

* * * * *

Sec.  81.316  [Amended]

0
7. In Sec.  81.316, the table titled ``Iowa--2008 Lead NAAQS'' is
amended by removing the entry ``Pottawattamie, IA'' in the ``Designated
area'' column and adding in its place ``Pottawattamie County, IA''.

0
8. Section 81.324 is amended by revising the table titled ``Minnesota--
NO2 (2010 1-Hour Standard)'' to read as follows:

Sec.  81.324  Minnesota.

* * * * *

                                                 Minnesota--NO2
                                             [2010 1-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                                       Designation \a\
              Designated area              ---------------------------------------------------------------------
                                               Date \1\                             Type
----------------------------------------------------------------------------------------------------------------
Aitkin County.............................  ..............  Unclassifiable/Attainment.
Anoka County..............................  ..............  Unclassifiable/Attainment.
Becker County.............................  ..............  Unclassifiable/Attainment.
Beltrami County...........................  ..............  Unclassifiable/Attainment.
Benton County.............................  ..............  Unclassifiable/Attainment.
Big Stone County..........................  ..............  Unclassifiable/Attainment.
Blue Earth County.........................  ..............  Unclassifiable/Attainment.
Brown County..............................  ..............  Unclassifiable/Attainment.
Carlton County............................  ..............  Unclassifiable/Attainment.

Carver County.............................  ..............  Unclassifiable/Attainment.
Cass County...............................  ..............  Unclassifiable/Attainment.
Chippewa County...........................  ..............  Unclassifiable/Attainment.
Chisago County............................  ..............  Unclassifiable/Attainment.
Clay County...............................  ..............  Unclassifiable/Attainment.
Clearwater County.........................  ..............  Unclassifiable/Attainment.
Cook County...............................  ..............  Unclassifiable/Attainment.
Cottonwood County.........................  ..............  Unclassifiable/Attainment.
Crow Wing County..........................  ..............  Unclassifiable/Attainment.
Dakota County.............................  ..............  Unclassifiable/Attainment.
Dodge County..............................  ..............  Unclassifiable/Attainment.
Douglas County............................  ..............  Unclassifiable/Attainment.
Faribault County..........................  ..............  Unclassifiable/Attainment.
Fillmore County...........................  ..............  Unclassifiable/Attainment.
Freeborn County...........................  ..............  Unclassifiable/Attainment.
Goodhue County............................  ..............  Unclassifiable/Attainment.
Grant County..............................  ..............  Unclassifiable/Attainment.
Hennepin County...........................  ..............  Unclassifiable/Attainment.
Houston County............................  ..............  Unclassifiable/Attainment.
Hubbard County............................  ..............  Unclassifiable/Attainment.
Isanti County.............................  ..............  Unclassifiable/Attainment.
Itasca County.............................  ..............  Unclassifiable/Attainment.
Jackson County............................  ..............  Unclassifiable/Attainment.
Kanabec County............................  ..............  Unclassifiable/Attainment.
Kandiyohi County..........................  ..............  Unclassifiable/Attainment.
Kittson County............................  ..............  Unclassifiable/Attainment.
Koochiching County........................  ..............  Unclassifiable/Attainment.
Lac qui Parle County......................  ..............  Unclassifiable/Attainment.
Lake County...............................  ..............  Unclassifiable/Attainment.
Lake of the Woods County..................  ..............  Unclassifiable/Attainment.
Le Sueur County...........................  ..............  Unclassifiable/Attainment.
Lincoln County............................  ..............  Unclassifiable/Attainment.
Lyon County...............................  ..............  Unclassifiable/Attainment.
Mahnomen County...........................  ..............  Unclassifiable/Attainment.
Marshall County...........................  ..............  Unclassifiable/Attainment.
Martin County.............................  ..............  Unclassifiable/Attainment.
McLeod County.............................  ..............  Unclassifiable/Attainment.
Meeker County.............................  ..............  Unclassifiable/Attainment.
Mille Lacs County.........................  ..............  Unclassifiable/Attainment.
Morrison County...........................  ..............  Unclassifiable/Attainment.
Mower County..............................  ..............  Unclassifiable/Attainment.
Murray County.............................  ..............  Unclassifiable/Attainment.
Nicollet County...........................  ..............  Unclassifiable/Attainment.
Nobles County.............................  ..............  Unclassifiable/Attainment.
Norman County.............................  ..............  Unclassifiable/Attainment.
Olmsted County............................  ..............  Unclassifiable/Attainment.
Otter Tail County.........................  ..............  Unclassifiable/Attainment.
Pennington County.........................  ..............  Unclassifiable/Attainment.
Pine County...............................  ..............  Unclassifiable/Attainment.
Pipestone County..........................  ..............  Unclassifiable/Attainment.
Polk County...............................  ..............  Unclassifiable/Attainment.
Pope County...............................  ..............  Unclassifiable/Attainment.
Ramsey County.............................  ..............  Unclassifiable/Attainment.
Red Lake County...........................  ..............  Unclassifiable/Attainment.
Redwood County............................  ..............  Unclassifiable/Attainment.
Renville County...........................  ..............  Unclassifiable/Attainment.
Rice County...............................  ..............  Unclassifiable/Attainment.
Rock County...............................  ..............  Unclassifiable/Attainment.
Roseau County.............................  ..............  Unclassifiable/Attainment.
Scott County..............................  ..............  Unclassifiable/Attainment.
Sherburne County..........................  ..............  Unclassifiable/Attainment.
Sibley County.............................  ..............  Unclassifiable/Attainment.
St. Louis County..........................  ..............  Unclassifiable/Attainment.
Stearns County............................  ..............  Unclassifiable/Attainment.
Steele County.............................  ..............  Unclassifiable/Attainment.
Stevens County............................  ..............  Unclassifiable/Attainment.
Swift County..............................  ..............  Unclassifiable/Attainment.
Todd County...............................  ..............  Unclassifiable/Attainment.
Traverse County...........................  ..............  Unclassifiable/Attainment.

Wabasha County............................  ..............  Unclassifiable/Attainment.
Wadena County.............................  ..............  Unclassifiable/Attainment.
Waseca County.............................  ..............  Unclassifiable/Attainment.
Washington County.........................  ..............  Unclassifiable/Attainment.
Watonwan County...........................  ..............  Unclassifiable/Attainment.
Wilkin County.............................  ..............  Unclassifiable/Attainment.
Winona County.............................  ..............  Unclassifiable/Attainment.
Wright County.............................  ..............  Unclassifiable/Attainment.
Yellow Medicine County....................  ..............  Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after October 31, 2011, unless otherwise noted.

* * * * *

Sec.  81.326  [Amended]

0
9. In Sec.  81.326, the table titled ``Missouri--2008 Lead NAAQS'' is
amended by removing the designation date ``2/31/10'' for the entry
``Dent County (part)'' and adding in its place the designation date
``12/31/10''.

0
10. In Sec.  81.334, the table titled ``North Carolina--2008 8-Hour
Ozone NAAQS (Primary and secondary)'' is amended by revising the
partial county descriptions under ``Cabarrus County (part)'' and
``Rowan County (part)'' under the ``Charlotte-Rock Hill, NC-SC''
nonattainment area to read as follows:

Sec.  81.334  North Carolina.

* * * * *

                                     North Carolina--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
  Charlotte-Rock Hill, NC-SC: \2\   ..............      Nonattainment      ..............         Marginal
----------------------------------------------------------------------------------------------------------------
Cabarrus County (part):
    Central Cabarrus Township,
     Concord Township, Georgeville
     Township, Harrisburg
     Township, Kannapolis
     Township, Midland Township,
     Mount Pleasant Township, New
     Gilead Township, Odell
     Township, Poplar Tent
     Township, Rimertown Township.

                                                  * * * * * * *
Rowan County (part):
    Atwell Township, China Grove
     Township, Franklin Township,
     Gold Hill Township, Litaker
     Township, Locke Township,
     Providence Township,
     Salisbury Township, Steele
     Township, Unity Township.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.
\3\ Includes any Indian country in each county or area, unless otherwise specified.

* * * * *

0
11. In Sec.  81.336, the table titled ``Ohio--2010 Sulfur Dioxide NAAQS
(Primary) is amended by revising the entry for Campbell-Clermont
Counties, KY-OH to read as follows:

Sec.  81.336  Ohio.

* * * * *

                          Ohio--2010 SO2 NAAQS
                                [Primary]
------------------------------------------------------------------------
                                              Designation
       Designated area       -------------------------------------------
                                   Date                  Type
------------------------------------------------------------------------
Campbell-Clermont Counties,          10-4-13  Nonattainment.
 KY-OH \1\.
Clermont County (part):
    Pierce Township.

                              * * * * * * *
------------------------------------------------------------------------
\1\ Excludes Indian country located in each area, if any, unless
  otherwise specified.

* * * * *
0
12. Section 81.338 is amended by revising the table titled ``Oregon--
NO2 (2010 1-Hour Standard)'' to read as follows:

Sec.  81.338  Oregon.

* * * * *

                                                   Oregon--NO2
                                             [2010 1-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                                       Designation \a\
              Designated area               --------------------------------------------------------------------
                                                Date \1\                             Type
----------------------------------------------------------------------------------------------------------------
Statewide..................................  ..............  Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after October 31, 2011, unless otherwise noted.

* * * * *

Sec.  81.343  [Amended]

0
13. In Sec.  81.343, the table titled ``Tennessee--PM2.5
(Annual NAAQS)'' is amended by removing ``Chattanooga, TN-GA'' in the
``Designated area'' column and adding in its place ``Chattanooga, TN-
GA-AL''.

0
14. Section 81.348 is amended by revising the table titled
``Washington--NO2 (2010 1-Hour Standard) to read as follows:

Sec.  81.348  Washington.

* * * * *

                                                 Washington--NO2
                                             [2010 1-Hour standard]
----------------------------------------------------------------------------------------------------------------
                                                                       Designation \a\
              Designated area               --------------------------------------------------------------------
                                                Date \1\                             Type
----------------------------------------------------------------------------------------------------------------
Puget Sound Intrastate AQCR................  ..............  Unclassifiable/Attainment.
Portland (Oregon)-Southwest Washington       ..............  Unclassifiable/Attainment.
 Interstate AQCR (Washington portion).
Eastern Washington-Northern Idaho            ..............  Unclassifiable/Attainment.
 Interstate AQCR (Washington portion).
Northern Washington Intrastate AQCR........  ..............  Unclassifiable/Attainment.
Olympic-Northwest Washington Intrastate      ..............  Unclassifiable/Attainment.
 AQCR.
South Central Washington Intrastate AQCR...  ..............  Unclassifiable/Attainment.
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after October 31, 2011, unless otherwise noted.

* * * * *

0
15. In Sec.  81.350, the table titled ``Wisconsin--2008 8-Hour Ozone
NAAQS (Primary and secondary)'' is amended by revising the partial
county description under ``Kenosha County (part)'' under the ``Chicago-
Naperville, IL--IN--WI'' nonattainment area to read as follows:

Sec.  81.350  Wisconsin.

* * * * *

                                       Wisconsin--2008 8-Hour Ozone NAAQS
                                             [Primary and secondary]
----------------------------------------------------------------------------------------------------------------
                                                 Designation                           Classification
          Designated area          -----------------------------------------------------------------------------
                                       Date \1\              Type             Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 Chicago-Naperville, IL-IN-WI \2\   ..............      Nonattainment      ..............         Marginal
----------------------------------------------------------------------------------------------------------------
Kenosha County (part):
    The portion of Kenosha County
     bounded by the Lake Michigan
     shoreline on the East, the
     Kenosha County boundary on
     the North, the Kenosha County
     boundary on the South, and
     the I-94 corridor (including
     the entire corridor) on the
     West.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is July 20, 2012, unless otherwise noted.
\2\ Excludes Indian country located in each area, unless otherwise noted.

* * * * *
[FR Doc. 2014-09272 Filed 5-2-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36243-36245]
[FR Doc No: 2023-11795]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0415]
RIN 1625-AA00

Safety Zone; Sausalito Fireworks Display; San Francisco Bay,
Sausalito, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of the San Francisco Bay, in Sausalito, CA in support
of a fireworks display on June 10, 2023. The safety zone is necessary
to protect personnel, vessels, and the marine environment from
potential hazards created by pyrotechnics. Unauthorized persons or
vessels are prohibited from entering, transiting through, or remaining
in the safety zone without the permission of the Captain of the Port
San Francisco or a designated representative.

DATES: This rule is effective from 8:30 p.m. until 9:35 p.m. on June
10, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0415 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant William K. Harris, U.S. Coast Guard Sector San
Francisco, Waterways Management Division, at<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. The Coast Guard
did not receive final details for this even until May 2, 2023. It is
impracticable to go through the full notice and comment rulemaking
process because the Coast Guard must establish this safety zone by June
10, 2023, and lacks sufficient time to provide a reasonable comment
period and to consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for

making this rule effective less than 30 days after publication in the
Federal Register. Delaying the effective date of this rule would be
contrary to public interest because action is necessary to protect
personnel, vessels, and the marine environment from the potential
safety hazards associated with the fireworks display in Sausalito, CA
on June 10, 2023.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 46 U.S.C.
70034. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the scheduled Fotsch Engagement
Fireworks display on June 10, 2023, will be a safety concern for anyone
within a 600-foot radius of the fireworks display on the pier starting
30 minutes before the fireworks display us scheduled to commence and
ending 30 minutes after the conclusion of the fireworks display. For
this reason, this temporary safety zone is needed to protect personnel,
vessels, and the marine environment in the navigable waters during the
fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8:30 p.m. until
9:35 p.m. on June 10, 2023, from 30 minutes prior to the start of the
fireworks display, and until 30 minutes after the completion of the
fireworks display. At 8:30 p.m., which is 30 minutes prior to the
commencement of the 5-minute fireworks display, the safety zone will
encompass the navigable waters around the pier, from surface to bottom,
within a circle formed by connecting all points 600 feet from the
circle center at approximately 37[deg]50'46.07'' N, 122[deg]28'37.35''
W (NAD 83). The safety zone will terminate at 9:35 p.m. on June 10,
2023, or as announced via Marine Information Broadcast.
    This regulation is necessary to keep persons and vessels away from
the immediate vicinity of the fireworks display site. Except for
persons or vessels authorized by the COTP or the COTP's designated
representative, no person or vessel may enter or remain in a restricted
area. A ``designated representative'' means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel, or a Federal, State, or local
officer designated by or assisting the COTP in the enforcement of the
Safety Zone. This regulation is necessary to ensure the safety of
participants, spectators, and transiting vessels.

V. 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 and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the limited
duration and narrowly tailored geographic area of the safety zone.
Although this rule restricts access to the waters encompassed by the
safety zone, the effect of this rule will not be significant because
the local waterways users will be notified to ensure the safety zone
will result in minimum impact. The vessels desiring to transit through
or around the temporary safety zone may do so upon express permission
from the COTP or the COTP's designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    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
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(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
temporary safety zone in the navigable waters surrounding a pier within
San Francisco Bay off Sausalito, CA. It is categorically excluded from
further review under paragraph L60(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A Record of Environmental
Consideration supporting this determination is available in the docket.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-6,
and 160.5; Department of Homeland Security Delegation No. 00170.1,
Revision No. 01.3.

0
2. Add Sec.  165.T11-127 to read as follows:

Sec.  165.T11-127  Safety Zone; Sausalito Fireworks Display; San
Francisco Bay, Sausalito, CA.

    (a) Locations. The following area is a safety zone: all navigable
waters of the San Francisco Bay, from surface to bottom, within a
circle formed by connecting all points 600 feet out from
37[deg]50'46.07'' N, 122[deg]28'37.35'' W (NAD 83) between 8:30 p.m.
and 9:35 p.m. on June 10, 2023, or as announced by Marine Information
Bulletin.
    (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, or a Federal, State, or local officer designated by or
assisting the Captain of the Port (COTP) San Francisco in the
enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorize by the COTP or the
COTP's designated representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or the COTP's designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
in the safety zone must comply with all lawful orders or directions
given to them by the COTP or the COTP's designated representative.
Persons and vessels may request permission to enter the safety zone on
VHF-23A or through the 24-hour Command Center at telephone (415) 399-
3547.
    (d) Enforcement period. This section will be enforced from 8:30
p.m. until 9:35 p.m. on June 10, 2023.
    (e) Information broadcasts. The COTP or the COTP's designated
representative will notify the maritime community of periods during
which this zone will be enforced, in accordance with 33 CFR 165.7.

    Dated: May 26, 2023.
Taylor Q. Lam,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2023-11795 Filed 6-1-23; 8:45 am]
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[Federal Register: January 24, 2011 (Volume 76, Number 15)]
[Notices]
[Page 4103]
[DOCID:fr24ja11-47]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC11-24-000]

Fayetteville Express Pipeline LLC; Notice of Filing

January 13, 2010.
    Take notice that on December 30, 2010, Fayetteville Express
Pipeline LLC submitted a request for a waiver of the reporting
requirement to file the FERC Form 2 for 2010.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 or 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: February 14, 2011.

Kimberly D. Bose,
Secretary.
[FR Doc. 2011-1283 Filed 1-21-11; 8:45 am]
BILLING CODE 6717-01-P