[Federal Register Volume 83, Number 135 (Friday, July 13, 2018)]
[Notices]
[Pages 32711-32713]
[FR Doc No: 2018-14162]

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DEPARTMENT OF TRANSPORTATION

Notice of Final Federal Agency Actions on Proposed Highway
Projects in Texas

AGENCY: Texas Department of Transportation (TxDOT), Federal Highway
Administration (FHWA), U.S. Department of Transportation.

ACTION: Notice of limitation on claims for judicial review of actions
by TxDOT and Federal agencies.

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SUMMARY: This notice announces actions taken by TxDOT and Federal
agencies that are final. The environmental review, consultation, and
other actions required by applicable Federal environmental laws for
these projects are being, or have been, carried-out by TxDOT and a
Memorandum of Understanding dated December 16, 2014, and executed by
FHWA and TxDOT. The actions relate to various proposed highway projects
in the State of Texas. Those actions grant licenses, permits, and
approvals for the projects.

DATES: By this notice, TxDOT is advising the public of final agency
actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review
of TxDOT and Federal agency actions on the highway project will be
barred unless the claim is filed on or before December 10, 2018. If the
Federal law that authorizes judicial review of a claim provides a time
period of less than 150 days for filing such a claim, then that shorter
time period still applies.

FOR FURTHER INFORMATION CONTACT: Carlos Swonke, Environmental Affairs
Division, Texas Department of Transportation, 125 East 11th Street,
Austin, Texas 78701; telephone:<PHONE_NUMBER>; email:
[email protected]. TxDOT's normal business hours are 8:00 a.m.-
5:00 p.m. (central time), Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and
Federal agencies have taken final agency actions by issuing licenses,
permits, and approvals for the highway projects in the State of Texas
that are listed below.
    The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Categorical Exclusion (CE)
or Environmental Assessment (EA) issued in connection with the projects
and in other key project documents. The CE or EA, and other key
documents for the listed projects are available by contacting TxDOT at
the address provided above.
    This notice applies to all TxDOT and Federal agency decisions as of
the issuance date of this notice and all laws under which such actions
were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C.
4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Section 4(f) of the Department of Transportation Act of
1966 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers),
23 U.S.C. 319.
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], Fish and
Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty
Act [16 U.S.C. 703-712].
    5. Historic and Cultural Resources: Section 106 of the National
Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C.
470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C.
312501 et seq.]; Native American Grave Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C.
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C.
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].

    7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-
1377 (Section 404, Section 401, Section 319); Land and Water
Conservation Fund (LWCF), 16 U.S.C. 4601-4604; Safe Drinking Water Act
(SDWA), 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899, 33
U.S.C. 401-406; Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287;
Emergency Wetlands Resources Act, 16 U.S.C. 3921, 3931; TEA-21 Wetlands
Mitigation, 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster
Protection Act, 42 U.S.C. 4001-4128.
    8. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations; E.O. 11593 Protection and Enhancement of Cultural
Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America;
E.O. 13175 Consultation and Coordination with Indian Tribal
Governments; E.O. 11514 Protection and Enhancement of Environmental
Quality; E.O. 13112 Invasive Species. (Catalog of Federal Domestic
Assistance Program Number 20.205, Highway Planning and Construction.)
    The projects subject to this notice are:
    1. I-610 West Loop Dedicated Bus Lane from I-10 (Northwest Transit
Center) to Post Oak Boulevard, Harris County. The project will consist
of a two-lane structure over the southbound frontage road of I-610,
ultimately crossing to the center of I-610. The total project length is
approximately 1.5 miles with typical 12-foot lanes and 4-foot
shoulders. The project will not require any additional right of way or
displacements. The purpose of the project is to remove bus traffic from
the I-610 West Loop and allow buses to move more efficiently and
predictably between the Northwest Transit Center and the planned
Bellaire/Uptown Transit Center. The actions by TxDOT and Federal
agencies and the laws under which such actions were taken are described
in the Categorical Exclusion (CE) Determination approved on October 12,
2017, and other documents in the TxDOT project file. The CE
Determination and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT Houston District Office at 7600 Washington Avenue, Houston,
Texas, 77007,<PHONE_NUMBER>.
    2. Airport Boulevard, from Hiram Clarke Road to FM 521 (Almeda
Road), Harris County. This project will construct a roadway facility
approximately 2.5 miles in length which will connect existing
fragmented segments of Airport Boulevard through undeveloped/new
location areas to complete a four-lane divided boulevard between Hiram
Clarke Road and FM 521. A four-lane divided roadway with a raised
center median will be constructed to match the first existing boulevard
section of Airport Boulevard from Hiram Clarke Road to Harris County
Flood Control District (HCFCD) Channel No. C146-00-00. Airport
Boulevard will be constructed on new location from HCFCD Channel No.
C146-00-00 through to the intersection with Buffalo Speedway and then
to the intersection with Townwood Drive. The second existing segment of
Airport Boulevard will be widened from a two-lane roadway to a four-
lane boulevard from Townwood Drive to the Waterloo Drive intersection.
East of the Waterloo Drive intersection, Airport Boulevard will
traverse the following residential streets in a northwest-southeast
direction: Woodkerr Street, Lightstar Drive and Ambrose Street. East of
Ambrose Street, Airport Boulevard sill continue to the southeast, on
new location, crossing HCFCD Channel No. C161-00-00 and a wooded
undeveloped area, curve to the northeast through a grassy area between
two existing ponds, and extend through to the intersection with Clover
Lane. From Clover Lane, Airport Boulevard will curve eastward and
continue through an undeveloped wooded area and end at FM 521 (eastern
project terminus). There are also two detention areas proposed for this
project. The purpose of the Airport Boulevard roadway improvement
project is to connect the existing fragmented sections of Airport
Boulevard through undeveloped/new location areas to complete a four-
lane divided boulevard between Hiram Clarke Road and FM 521. The
proposed Airport Boulevard project will offer the traveling public a
west-east alternative to the limited existing west-east travel
corridors in southwest Houston. The area of southwest Houston between
US 90A, Beltway 8 and SH 288 lacks roadway connectivity; the proposed
Airport Boulevard will improve traffic movement and safety in this area
of southwest Houston.
    The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Final Environmental
Assessment (EA) approved on July 11, 2017, the Finding of No
Significant Impact (FONSI) issued on July 11, 2017, and other documents
in the TxDOT project file. The EA, FONSI, and other documents in the
TxDOT project file are available by contacting TxDOT at the address
provided above or the TxDOT Houston District Office at 7600 Washington
Avenue, Houston, Texas, 77007,<PHONE_NUMBER>.
    3. FM 521, from Beltway 8 to FM 2234 (McHard Road), Fort Bend and
Harris Counties. The project widens FM 521 to a typical four-lane
divided curb and gutter section with a 16-foot raised median from Riley
Road to FM 2234 and ties to the existing seven-lane section north of
Riley Road, a distance of roughly 0.9 mile. Improvements to the
intersection at FM 521 and FM 2234 provide for a ``jug-handle'' option
that creates two offset ``T'' intersections (one along FM 521 and one
along FM 2234). This eliminates both at-grade railroad crossings with
railroad overpasses on FM 521 and FM 2234 and eliminates the four-
legged intersection at FM 521 and FM 2234. The distance of the
improvements on FM 2234, including the grade separation, extend
approximately 0.8 mile. Improvements also include a mix of 15-foot
outside lanes, six-foot shoulders, and five to six-foot sidewalks to
accommodate bicyclists and pedestrians. The purpose of the project is
to expand capacity to enhance mobility, improve safety, improve
railroad/local traffic crossings, and accommodate population and
economic growth, while minimizing impacts to the natural and social
environment.
    The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Final Environmental
Assessment (EA) approved on March 22, 2017, the Finding of No
Significant Impact (FONSI) issued on March 22, 2017, and other
documents in the TxDOT project file. The EA, FONSI, and other documents
in the TxDOT project file are available by contacting TxDOT at the
address provided above or the TxDOT Houston District Office at 7600
Washington Avenue, Houston, Texas, 77007,<PHONE_NUMBER>.
    4. FM 1960, from BF 1960-A to Atascocita Shores Drive, Harris
County. Although the eastern logical terminus of the project is
Atascocita Shores Drive, the project extends approximately 0.10 mile
further and ties into the western end of the Lake Houston Bridge. The
improved roadway from BF 1960-A to Atascocita Road and from Pinehurst
Trail to Lake Houston will consist of six travel lanes (two 12-foot
lanes, and one 15-foot shared lane in each direction) with one-foot
curb offsets. An 18-foot raised median and two 5-foot sidewalks are
also included. The improved roadway from Woodland Hills Drive to
Atascocita Road will consist of a grade

separation with a total of ten lanes (four through lanes on the grade
separation and six local access lanes). Eastbound local access lanes
will consist of one 15-foot shared lane, and two 12-foot through lanes
with one-foot curb offsets. Westbound local access lanes will consist
of one 15-foot shared lane, and two 12-foot through lanes, with one-
foot curb offsets. The grade-separated through lanes will consist of
four 12-foot lanes (two in each direction) and four-foot curb offsets.
A six-foot raised median will separate the through lanes on the grade
separation. The grade separation will span Atascocita Road, West Lake
Houston Parkway, and Farmington Road. Two five-foot sidewalks will be
constructed outside the local access lanes on the eastbound and
westbound side. The project length is approximately 6.4 miles. The
purpose of the project is to alleviate traffic congestion, accommodate
future traffic associated with the growth of Harris County, Atascocita,
and the City of Humble, and improve mobility and safety. The actions by
TxDOT and Federal agencies and the laws under which such actions were
taken are described in the Final Environmental Assessment (EA) approved
on September 29, 2017, the Finding of No Significant Impact (FONSI)
issued on September 29, 2017, and other documents in the TxDOT project
file. The EA, FONSI, and other documents in the TxDOT project file are
available by contacting TxDOT at the address provided above or the
TxDOT Houston District Office at 7600 Washington Avenue, Houston,
Texas, 77007,<PHONE_NUMBER>.
    5. FM 2100, from FM 1960 to South Diamondhead Boulevard, Harris
County. The project will widen the existing two-lane, undivided
facility to a four-lane, divided facility. North of Hare Cook Road, the
improved roadway will have 12-foot travel lanes, two in each direction,
separated by an 18-foot-wide median, and 12-foot outside shoulders.
Five-foot sidewalks will be constructed on both sides of the roadway.
South of Hare Cook Road, the roadway will also have two travel lanes in
each direction; the outer lane will be a 15-foot shared use lane, along
with a 12-foot-wide inner lane. This section of the roadway will also
have a raised median and five-foot sidewalks.
    Detention ponds will also be constructed as part of the project.
The project is approximately eight miles long. The purpose of the
project is to facilitate multi-modal mobility in eastern Harris County
by adding additional capacity to FM 2100, as well as sidewalks and
bicycle accommodations. The proposed project will also improve safety
for the travelling public by constructing a raised median.
    The actions by TxDOT and Federal agencies and the laws under which
such actions were taken are described in the Final Environmental
Assessment (EA) approved on January 20, 2017, the Finding of No
Significant Impact (FONSI) issued on January 20, 2017, and other
documents in the TxDOT project file. The EA, FONSI, and other documents
in the TxDOT project file are available by contacting TxDOT at the
address provided above or the TxDOT Houston District Office at 7600
Washington Avenue, Houston, Texas, 77007,<PHONE_NUMBER>.

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: June 26, 2018.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway
Administration.
[FR Doc. 2018-14162 Filed 7-12-18; 8:45 am]
BILLING CODE 4910-22-P


[Federal Register: October 6, 2008 (Volume 73, Number 194)]
[Rules and Regulations]
[Page 58042-58047]
[DOCID:fr06oc08-7]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 50

[EPA-HQ-OAR-2005-0159; FRL-8725-5]
RIN 2060-AP28

The Treatment of Data Influenced by Exceptional Events
(Exceptional Event Rule): Revised Exceptional Event Data Flagging
Submittal and Documentation Schedule To Support Initial Area
Designations for the 2008 Ozone NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to amend the Exceptional
Events Rule to provide a revised exceptional event data flagging and
documentation schedule for ozone data that may be used for designations
under the 2008 ozone national ambient air quality standards (NAAQS).
The Exceptional Events Rule states that when EPA sets a NAAQS for a new
pollutant or revises the NAAQS for an existing pollutant, EPA may
revise or set a new schedule for flagging data for those NAAQS. EPA
recently revised the primary and secondary ozone NAAQS to protect
public health and welfare; the revised standards became effective on
May 27, 2008. Consistent with the process envisioned in the Exceptional
Events Rule, this direct final action revises the dates for flagging
data and submitting documentation regarding exceptional events under
the revised ozone NAAQS. This revised schedule allows EPA to fully
consider state requests for exceptional event concurrence prior to EPA
making final designations.

DATES: The direct final rule is effective on December 22, 2008 without
further notice, unless EPA receives adverse

comment by November 20, 2008. If EPA receives an adverse comment, we
will publish a timely withdrawal in the Federal Register informing the
public that this direct final rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0159, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Attention Docket ID No.
EPA-HQ-OAR-2005-0159.
     Fax:<PHONE_NUMBER>. Attention Docket ID No. EPA-HQ-OAR-
2005-0159.
     Mail: EPA Docket Center, EPA West (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2005-0159, Environmental Protection Agency,
Mailcode: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (Air Docket), Attention
Docket ID No. EPA-HQ-OAR-2005-0159, Environmental Protection Agency,
1301 Constitution Avenue, NW., Room 3334; Washington, DC. 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-
2005-0159. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters and any form of encryption, and be free
of any defects or viruses. For additional information about EPA's
public docket visit the EPA Docket Center homepage at http://
www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the EPA Docket Center
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room 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<PHONE_NUMBER>, and the telephone number for the
EPA Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Thomas E. Link, Air Quality Planning
Division, Office of Air Quality Planning and Standards, Mail Code C539-
04, Environmental Protection Agency, Research Triangle Park, North
Carolina 27711; telephone number:<PHONE_NUMBER>; fax number: 919-541-
0824; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Outline

I. Why Is EPA Using a Direct Final Rule?
II. Does This Action Apply to Me?
III. What Should I Consider As I Prepare My Comments?
IV. What Is the Availability of Related Information?
V. What Is the Background for This Action?
VI. What Is This Direct Final Rule?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    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 Advancement Act
    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 EPA Using a Direct Final Rule?

    This action provides for a revised schedule to flag data and submit
documentation related to exceptional events that influence ozone data
which may affect designations under the recently revised ozone NAAQS.
This action creates no additional regulatory requirements. We are
publishing this direct final rule because we view this as a
noncontroversial action and anticipate no adverse comment.
    In the ``Proposed Rules'' section of this Federal Register, we are
publishing a separate document that will serve as the proposed rule for
this action to revise the schedule for flagging and documenting ozone
exceptional events data if relevant 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 of this document.
    If EPA receives an 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 will address all public
comments in any subsequent final rule based on the proposed rule.

II. Does This Action Apply to Me?

    States are responsible for identifying air quality data that they
believe warrant special consideration, including data affected by
exceptional events. States identify such data by flagging (making a
notation in a designated field in the electronic data record) specific
values in the Air Quality System (AQS) database. States must flag the
data and submit a justification that the data are affected by
exceptional events if they wish EPA to consider excluding the data in
determining whether or not an area is attaining the revised ozone
NAAQS.
    All states that include areas that could exceed the ozone NAAQS,
and could therefore be designated as nonattainment for the ozone NAAQS,
have the potential to be affected by this rulemaking. Therefore, this
action applies to all states; to local air quality agencies to which a
state has delegated relevant responsibilities for air quality
management including air quality monitoring and data analysis; and, to

Tribal air quality agencies where appropriate. The Exceptional Events
Rule describes in greater detail to whom the Rule applies in 72 FR at
13562-13563 (March 22, 2007).

III. What Should I Consider as I Prepare My Comments?

A. Submitting CBI

    Do not submit this information to EPA through http://
www.regulations.gov or e-mail. 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 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.

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 Regulations (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.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.

IV. What Is the Availability of Related Information?

    The official record for this rulemaking, as well as the public
version, has been established under Docket ID No. EPA-HQ-OAR-2005-0159
(including comments and data submitted electronically as described
below). A public version of this record, including printed, paper
versions of electronic comments, which does not include any information
claimed as CBI, is available for inspection from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The official
rulemaking record is located at the address provided in ADDRESSES at
the beginning of this document.

V. What Is the Background for This Action?

    The Exceptional Events Rule (Treatment of Data Influenced by
Exceptional Events (72 FR 13560, March 22, 2007)) sets a general
schedule for states to flag monitored data affected by exceptional
events in AQS and for them to submit documentation to demonstrate that
the flagged data were impacted by an exceptional event. Under this
general schedule, a state must initially notify EPA that data have been
affected by an exceptional event by July 1 of the year after the data
are collected; this is accomplished by flagging the data in AQS. The
state must also include an initial description of the event when
flagging the data. In addition, the state is required to submit a full
demonstration to justify exclusion of such data within three years
after the quarter in which the data were collected, or if a regulatory
decision based on the data (such as a designation action) is
anticipated, the demonstration must be submitted to EPA no later than
one year before the regulatory decision is to be made.
    However, the rule also authorizes EPA to revise data flagging and
documentation schedules for the initial designation of areas under a
new or revised NAAQS. This general schedule, while appropriate for the
period after initial designations have been made under a NAAQS, may
need adjustment when a new or revised NAAQS is promulgated because
until the level and form of the NAAQS have been promulgated a state
would not have complete knowledge of the criteria for excluding data.
In these cases the general schedule may preclude states from submitting
timely flags and associated documentation for otherwise approvable
exceptional events. This could, if not modified, result in some areas
receiving a nonattainment designation when the NAAQS violations were
legitimately due to exceptional events.
    For example, EPA finalized new standards for ozone of 0.075 pounds
per billion (ppb) on March 12, 2008, with an effective date of May 27,
2008. In accordance with Clean Air Act Section 107(b), state Governors
must provide their recommendations to EPA by March 12, 2009, on
designating areas as attainment, nonattainment, or unclassifiable with
the new standards. States will base their recommendations on the three
most recent years of quality-assured ozone data, which could be data
collected between calendar years 2006-2008, or 2005-2007. EPA must
complete final area designations for these new standards by March 12,
2010. EPA will base its designations decisions on the three most recent
years of quality-assured air quality data for each area, which would be
ozone data collected during calendar years 2007-2009 where states have
submitted quality-assured data for calendar year 2009. However, in some
cases the most recent complete data may cover 2006-2008 or 2005-2007.
In this example, the general exceptional event flagging schedule for
2005 and 2006 data has already passed and the flagging deadline for
exceptional events that occurred in 2007 would be July 1, 2008--
approximately 33 days after the effective date of the revised NAAQS. In
addition, the general schedule would require states to submit
demonstrations for 2009 data influenced by exceptional events no later
than March 12, 2009, one year before the final designation decisions.
This is clearly not possible for air quality data collected from March
13, 2009 to December 31, 2009.
    EPA is, therefore, using the authority provided in the Exceptional
Events Rule at 40 CFR 50.14(c)(2)(v), to modify the schedule for data
flagging and submission of demonstration for exceptional events data
considered for initial designations under the 2008 revised ozone NAAQS.

VI. What Is This Direct Final Rule?

    This direct final rule amends the Exceptional Events Rule by
providing a revised exceptional event data flagging and documentation
schedule regarding claimed exceptional events affecting ozone
monitoring data that will be compared to the 2008 revised ozone NAAQS
for the purpose of initial ozone designations. In some cases, EPA is
extending the otherwise applicable deadline for states to flag data and
submit documentation. In other cases, EPA is shortening (for this
purpose only) the otherwise applicable schedule to assure that the
exceptional events claims can be fully considered by EPA in the
designations decisions.
    For air quality data collected in the years 2005 through 2007, this
revised schedule extends the general schedule for flagging data (and
providing a brief initial description of the event) from

July 1 of the year following the year the data are collected, to
December 31, 2008. For data collected in 2008, the revised schedule
extends the general schedule for flagging data and providing a brief
initial description of the event to March 12, 2009, to coincide with
the deadline for state Governors to submit designation recommendations
to EPA. The deadline for submitting to EPA a detailed demonstration to
justify exclusion of data collected in 2005 through 2008 is also being
set to March 12, 2009. The deadline for submitting to EPA flagged data
with initial descriptions and a detailed demonstration to justify
exclusion of data collected in 2009 is being set to January 8, 2010.
For data collected in 2008 and 2009 this would give a state less time,
but EPA believes still sufficient time, to decide what 2008 and 2009
data to flag, and would allow EPA to have access to the flags and
supporting data in time for EPA to develop its own proposed and final
plans for designations. (If EPA extends the designations date beyond
March 2010 due to insufficient information, a new event flagging
deadline and detailed documentation submission deadline will be
published.) While the new deadlines for submission of a state's
demonstration for data collected in 2009 is less than a year before the
designation decisions would be made, EPA believes it is a reasonable
approach between giving states a reasonable period to prepare the
justifications, and EPA a reasonable period to consider the information
submitted by the state. With this direct final action EPA amends Sec.
50.14(c)(2)(v) to add a tabular schedule of data submittal deadlines,
by pollutant, for new or revised NAAQS standards. (PM2.5
data submittal schedules revised in March 2007 and presented in this
table are for informational purposes only. EPA is not taking further
comment on the PM2.5 data submittal schedule published in 72
FR 13560, March 22, 2007.) EPA anticipates providing amendments to the
following table to add data submission schedules for new or revised
NAAQS standards in the future.

      Table 1--Schedule for Exceptional Event Flagging and Documentation Submission for Data To Be Used in
                                 Designations Decisions for New or Revised NAAQS
----------------------------------------------------------------------------------------------------------------
                                         Air quality data
   NAAQS pollutant standard/(level)/       collected for   Event flagging and initial    Detailed documentation
           promulgation date               calendar year      description deadline        submission deadline
----------------------------------------------------------------------------------------------------------------
 PM2.5/24-Hr Standard (35 [mu]g/m3)             2004-2006   October 1, 2007 a........   April 15, 2008 a.
 Promulgated October 17, 2006.
 Ozone/8-Hr Standard (0.075 ppb)                2005-2007   December 31, 2008 b......   March 12, 2009 b.
 Promulgated March 12, 2008.                         2008   March 12, 2009 b.........   March 12, 2009 b.
                                                     2009   January 8, 2010 b........   January 8, 2010 b.
----------------------------------------------------------------------------------------------------------------
a These dates are unchanged from those published in the original rulemaking, and are shown in this table for
  informational purposes.
b Indicates change from general schedule in 40 CFR 50.14.
Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final
  initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most
  notably, for data used by EPA for redesignations to attainment.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action'' because it is likely
to raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in the
Executive Order. Accordingly, EPA submitted this action to the Office
of Management and Budget (OMB) for review under EO 12866 and any
changes made in response to OMB recommendations have been documented in
the docket for this action.

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.,
where burden is defined at 5 CFR 1320.3(b). This rule modifies
previously established deadlines under the Exceptional Events Rule and
does not impose any new obligations or enforceable duties on any State,
local or tribal governments or the private sector. Therefore, it does
not impose an information collection burden.

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 this rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) 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 this final on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. This rule
modifies previously established deadlines under the Exceptional Events
Rule and does not impose any new obligations or enforceable duties on
any State, local or tribal governments or the private sector. Thus, it
does not impose any requirements on small entities.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (URMA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. This action imposes no enforceable duty on any State, local or
tribal governments or the private sector. This action modifies
previously established deadlines under the Exceptional Events Rule and
does not impose any new obligations or enforceable duties 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 URMA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule modifies
previously established deadlines under the Exceptional Events Rule and
does not impose any new obligations or enforceable duties on any small
governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of regulatory policies that have federalism implications.''
Policies that have federalism implications'' is defined in the
Executive Order to include regulations that 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.
    This direct final 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 rule modifies previously
established deadlines under the Exceptional Events Rule and does not
impose any new obligations or enforceable duties on any state, local or
tribal governments or the private sector. Thus, Executive Order 13132
does not apply to this rule.

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 rule
modifies previously established deadlines under the Exceptional Events
Rule and does not impose any new obligations or enforceable duties on
tribal governments. Thus, Executive Order 13175 does not apply to this
rule.

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

    This action is not subject to EO 13045 (62 F.R. 19885, April 23,
1997) because the Agency does not believe the environmental health
risks or safety risks addressed by this action present a
disproportionate risk to children. 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 a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Further, we have concluded that this
rule is not likely to have any adverse effects because this action
modifies previously established deadlines under the Exceptional Events
Rule.

I. National Technology Transfer Advancement Act

    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

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 United States.
    EPA has determined that this direct final will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it will not
affect the level of protection provided to human health or the
environment. This rule modifies previously established deadlines under
the Exceptional Events Rule and does not impose any new obligations or
enforceable duties on any state, local or tribal governments or the
private sector. It will neither increase nor decrease environmental
protection.

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. 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 December 22, 2008.

L. Judicial Review

    Under CAA section 307(b), judicial review of this final action is
available only by filing a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit on or before December 5,
2008. Under CAA section 307(d)(7)(B), only those objections to the
final rule that were raised with specificity during the period for
public comment may be raised during judicial review. Moreover, under
CAA section 307(b)(2), the requirements established by this final rule
may not be challenged separately in any civil or criminal proceedings
brought by EPA to enforce these requirements.

List of Subjects in 40 CFR Part 50

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

    Dated: September 30, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons set forth in the preamble, part 50 of chapter I of
title 40 of the Code of Federal Regulations is amended as follows:

PART 50--[AMENDED]

0
1. The authority citation for part 50 continues to read as follows:

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

0
2. Section 50.14 is amended by revising paragraph (c)(2)(v) to read as
follows:

Sec.  50.14  Treatment of air quality monitoring data influenced by
exceptional events.

* * * * *
    (c) * * *
    (2) * * *
    (v) When EPA sets a NAAQS for a new pollutant or revises the NAAQS
for an existing pollutant, it may revise or set a new schedule for
flagging exceptional event data, providing initial data descriptions
and providing detailed data documentation in AQS for the initial
designations of areas for those NAAQS: Table 1 provides the schedule
for submission of flags with initial

descriptions in AQS and detailed documentation and the schedule shall
apply for those data which will or may influence the initial
designation of areas for those NAAQS. EPA anticipates revising Table 1
as necessary to accommodate revised data submission schedules for new
or revised NAAQS.

      Table 1--Schedule for Exceptional Event Flagging and Documentation Submission for Data To Be Used in
                                 Designations Decisions for New or Revised NAAQS
----------------------------------------------------------------------------------------------------------------
                                         Air quality data
   NAAQS pollutant/standard/(level)/       collected for   Event flagging and initial    Detailed documentation
           promulgation date               calendar year      description deadline        submission deadline
----------------------------------------------------------------------------------------------------------------
PM2.5/24-Hr Standard (35 [mu]g/m3)              2004-2006  October 1, 2007 \a\.......  April 15, 2008 \a\.
 Promulgated October 17, 2006.
Ozone/8-Hr Standard (0.075 ppb)                 2005-2007  December 31, 2008 \b\.....  March 12, 2009 \b\.
 Promulgated March 12, 2008.                         2008  March 12, 2009 \b\........  March 12, 2009 \b\.
                                                     2009  January 8, 2010 \b\.......  January 8, 2010 \b\.
----------------------------------------------------------------------------------------------------------------
\a\ These dates are unchanged from those published in the original rulemaking, and are shown in this table for
  informational purposes.
\b\ Indicates change from general schedule in 40 CFR 50.14.
Note: EPA notes that the table of revised deadlines only applies to data EPA will use to establish the final
  initial designations for new or revised NAAQS. The general schedule applies for all other purposes, most
  notably, for data used by EPA for redesignations to attainment.

* * * * *
 [FR Doc. E8-23520 Filed 10-3-08; 8:45 am]

BILLING CODE 6560-50-P