[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Rules and Regulations]
[Pages 16184-16188]
[FR Doc No: 2013-05939]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 58

[EPA-HQ-OAR-2012-0486, FRL-9789-2]
RIN 2060-AR59

Revision to Ambient Nitrogen Dioxide Monitoring Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is finalizing revisions to the deadlines established
in the national ambient air quality standard (NAAQS) for nitrogen
dioxide (NO2) for the near-road component of the
NO2 monitoring network in order to implement a phased
deployment approach. This approach will create a series of deadlines
that will make the near-road NO2 network operational between
January 1, 2014, and January 1, 2017. The EPA is also finalizing
revisions to the approval authority for annual monitoring network plans
for NO2 monitoring.

DATES: This final rule is effective March 14, 2013.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2012-0486. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
www.regulations.gov or in hard copy at the Revision to Ambient Nitrogen
Dioxide Monitoring Requirements Docket, Docket ID No. EPA-HQ-OAR-2012-
0486, EPA Docket Center, EPA/DC, EPA West, Room 3334, 1301 Constitution
Ave. NW., Washington, DC. This Docket Facility is open from 8:30 a.m.
to 4:30 p.m. Monday through Friday excluding legal holidays. The docket
telephone number is<PHONE_NUMBER>. 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 (202)
566-1744.

FOR FURTHER INFORMATION CONTACT: Mr. Nealson Watkins, Air Quality
Assessment Division, Office of Air Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail code C304-06, Research Triangle
Park, NC 27711; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

    The following topics are discussed in this preamble:

I. Background
II. Changes to the Ambient NO2 Monitoring Requirements

    A. Near-Road NO2 Monitoring Network Implementation
    1. Proposed Changes
    2. Public Comments
    3. Conclusions on Near-Road NO2 Monitoring Network
Implementation
    B. Change in Annual Monitoring Network Plan Approval Authority
    1. Proposed Change
    2. Public Comments
    3. Conclusions on Annual Monitoring Network Plan Approval
Authority
III. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulations and Regulatory 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 Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act

I. Background

    On February 9, 2010, the EPA promulgated minimum monitoring
requirements for the NO2 monitoring network in support of
the revised NO2 NAAQS (75 FR 6474). The NO2 NAAQS
was revised to include a 1-hour standard with a 98th percentile form
averaged over three years and a level of 100 parts per billion (ppb),
reflecting the maximum allowable NO2 concentration anywhere
in an area, while retaining the annual standard of 53 ppb.
    As part of the NAAQS rulemaking, the EPA promulgated revisions to
requirements for minimum numbers of ambient NO2 monitors
that included new monitoring near major roads in larger urban areas. In
addition, those monitoring revisions included requirements to
characterize NO2 concentrations representative of wider
spatial scales in larger urban areas (area-wide monitors), and monitors
intended to characterize NO2 exposures of susceptible and
vulnerable populations. Specifically, the requirements for these
minimum monitoring requirements are as follows:
    The first tier of the ambient NO2 monitoring network
requires near-road monitoring.\1\ There must be one microscale near-
road NO2 monitoring station in each Core Based Statistical
Area (CBSA) with a population of 500,000 or more persons to monitor a
location of expected maximum hourly concentrations sited near a major
road. An additional near-road NO2 monitoring station is
required at a second location of expected maximum hourly concentrations
for any CBSA with a population of 2,500,000 or more persons, or in any
CBSA with a population of 500,000 or more persons that has one or more
roadway segments with 250,000 or greater Annual Average Daily Traffic
(AADT). Based upon 2010 census data and data maintained by the U.S.
Department of Transportation Federal Highway Administration on the most
heavily trafficked roads in the U.S. (http://www.fhwa.dot.gov/policyinformation/tables/02.cfm), approximately 126 near-road
NO2 sites are required within 103 CBSAs nationwide.
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    \1\ See 40 CFR part 58, Appendix D, section 4.3.2.
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    The second tier of the NO2 minimum monitoring
requirements is for area-wide NO2 monitoring.\2\ There must
be one monitoring station in each CBSA with a population of 1,000,000
or more persons to monitor a location of expected highest
NO2 concentrations representing the neighborhood or larger
spatial scales. These NO2 monitors are referred to as area-
wide monitors. Based on 2010 census data, approximately 52 area-wide
NO2 sites are required within 52 CBSAs.
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    \2\ See 40 CFR part 58, Appendix D, section 4.3.3.
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    The third tier of the NO2 minimum monitoring
requirements is for the characterization of NO2 exposure for
susceptible and vulnerable populations.\3\ The EPA Regional
Administrators, in collaboration with states, must identify a minimum
of 40 additional NO2 monitoring stations nationwide, in
addition to the above minimum monitoring requirements for near-road and
area-wide monitors, primarily focusing on siting these monitors in
locations to protect susceptible and vulnerable populations.
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    \3\ See 40 CFR part 58, Appendix D, section 4.3.4.
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    The 2010 NO2 NAAQS revision required states to submit a
plan for establishing all required NO2 monitoring sites to
the EPA Administrator by July 1, 2012. The rule also required all
required monitoring stations to be operational by January 1, 2013.

II. Changes to the Ambient NO2 Monitoring Requirements

    This rulemaking will result in the following actions: (1) A change
to the dates by which required near-road NO2 monitors will
need to be identified in state Annual Monitoring Network Plans; (2) a
change to the dates by which required near-road NO2 monitors
shall be operational; and (3) a shift in the authority to approve
NO2 monitoring plans from the EPA Administrator to the EPA
Regional Administrators.

A. Near-Road NO2 Monitoring Network Implementation

    We are finalizing a phased implementation approach, as proposed (77
FR 64244), to allow more time for states to establish the required
near-road NO2 monitors on a schedule consistent with
available resources. No changes are being made with regard to the
implementation timing requirements for area-wide monitoring and for
monitoring to characterize NO2 exposures for susceptible and
vulnerable populations.
1. Proposed Changes
    In consideration of the limited availability of state and federal
resources to implement all required near-road NO2 sites by
2013, the EPA proposed to change the dates by which required near-road
NO2 monitors are to be identified in annual monitoring
network plans and physically established. The EPA proposed a phased
implementation approach, where subsets of the required near-road
NO2 monitors will be funded and become operational over the
course of multiple years. Although the requirement to install these
monitors is not dependent on the availability of federal funds, the EPA
believes that it will be able to identify sufficient grant funding over
time to support this phase-in approach, which would allow states to
ultimately complete the near-road network with federally supplied
funds.
    The EPA proposed the phased implementation for near-road
NO2 monitors as follows:
    (a) For each CBSA with population of 1,000,000 or more persons, one
near-road monitor shall be reflected in the state Annual Monitoring
Network Plan submitted July 1, 2013, and that monitor shall be
operational by January 1, 2014.
    (b) For each CBSA that is required to have two near-road monitors
(either because the CBSA has a population of 2,500,000 or more persons
or any CBSA with a population of 500,000 or more persons that has one
or more roadway segments with 250,000 or greater AADT counts), the
second near-road monitor shall be reflected in the state Annual
Monitoring Network Plan submitted July 1, 2014, and that monitor shall
be operational by January 1, 2015.

    (c) For each CBSA having a population of at least 500,000 or more
persons (but less than 1,000,000), one near-road NO2 monitor
shall be reflected in the state Annual Monitoring Plan submitted July
1, 2016, and the monitor shall be operational by January 1, 2017.
2. Public Comments
    The EPA received comments from six states and multi-state
representative groups and one citizen supporting the proposed revisions
to the schedule for implementing near-road NO2 monitors. For
example, the Northeast States for Coordinated Air Use Management
(NESCAUM) stated it supports ``* * * the proposed changes to the
NO2 near-road monitoring network deployment schedule. The
proposed phase-in and additional time is consistent with what the Clean
Air Scientific Advisory Committee's (CASAC's) Ambient Air Monitoring
and Methods Subcommittee recommended to EPA * * *.'' The National
Association of Clean Air Agencies (NACAA) stated that it ``* * *
supports the Proposed Revision and commends EPA for responding to the
recommendations of state and local agencies to implement a phased
approach to deployment of the NO2 near-roadway network via
rulemaking.''
    The EPA received one comment from a public citizen against the
proposed revisions to the implementation schedule. The citizen
commenter who objected to the proposed revision stated that the
proposed action would lead to a trend in which the EPA will ``* * *
continuously revise the deadline, as there will always be funding
issues in our current economy.'' The commenter goes on to note that
postponing network deployment may also be misinterpreted to mean the
agency is minimizing the priority for near-road NO2
monitoring.
    In response, the EPA notes that there will always be a need to
balance monitoring objectives and requirements with available
resources. Currently, there is a greater strain on federal, state, and
local air monitoring resources than there has been during the recent
past. This fact is articulated by multiple states and multi-state
groups in their public comments on the proposed rulemaking, all of whom
support the proposed revisions. For example, NACAA, which represents
air pollution control agencies in 43 states, the District of Columbia,
four territories, and 116 metropolitan areas, commented that ``* * *
state and local agencies need additional, adequate federal funding in
order to move forward with new monitoring requirements and continue to
operate and maintain existing monitoring networks * * *''. NACAA goes
on to state that installing and operating a new network such as the
near-road NO2 network ``* * * requires the purchase of new
equipment; installation of new sites; and additional staff, operation,
and maintenance costs at a time when state and local agencies are
already struggling with significant budget and staffing shortfalls.''
    The EPA has recognized the reality of state and local air agency
funding and resource shortfalls. The EPA remains committed to near-road
monitoring, but recognizes that the shift to near-road monitoring
involves increased work and resource demands for site selection and
implementation. The agency believes that the phased approach is the
best solution to match the forecasted availability of federal funding,
which will have to occur over multiple years, to allow the
implementation of the required near-road NO2 network.
However, as noted above, while the EPA is considering the availability
of resources in establishing these schedules, these monitoring
requirements are not contingent on the future availability of federal
resources.
3. Conclusions on Near-Road NO2 Monitoring Network
Implementation
    The EPA has concluded, upon consideration of public comments, that
the revisions to the dates that states must submit a plan for
establishing all required near-road NO2 monitors sites to
the EPA and the dates by which those required near-road NO2
monitors must be operational will be finalized as proposed. As such,
near-road NO2 monitors shall be established as follows:
    (a) In each CBSA having 1,000,000 or more persons, one near-road
NO2 monitor shall be reflected in the state Annual
Monitoring Network Plan submitted July 1, 2013, and that monitor shall
be operational by January 1, 2014.
    (b) In each CBSA required to have two near-road NO2
monitors (i.e., any CBSA with a population of 2,500,000 or more
persons, or any CBSA with a population of 500,000 or more persons that
has one or more roadway segments with 250,000 or greater AADT counts),
a second near-road NO2 monitor shall be reflected in the
state Annual Monitoring Network Plan submitted July 1, 2014, and that
monitor shall be operational by January 1, 2015.
    (c) In each CBSA having 500,000 or more persons (but less than
1,000,000), one near-road NO2 monitor shall be reflected in
the state Annual Monitoring Plan submitted July 1, 2016, and that
monitor shall be operational by January 1, 2017.
    The EPA estimates, under these new revisions, that 52 near-road
NO2 monitors would be operational by January 1, 2014, in
CBSAs having 1,000,000 or more persons; an estimated 23 additional
near-road NO2 monitors would be operational by January 1,
2015, in any CBSA having 2,500,000 or more persons, or in those CBSAs
with a population of 500,000 or more persons that has one or more
roadway segments with 250,000 or greater AADT counts; and an estimated
51 additional near-road NO2 sites would be operational by
January 1, 2017, in those CBSAs having a population between 500,000 and
1,000,000 persons.
    No changes are being made with regard to the implementation timing
requirements for area-wide monitoring and for monitoring to
characterize NO2 exposures for susceptible and vulnerable
populations.

B. Change in Annual Monitoring Network Plan Approval Authority

    We are finalizing revisions to regulatory language, as proposed (77
FR 64244), so that state and local air monitoring agencies shall submit
annual NO2 monitoring network plans to the EPA Regional
Administrators for approval.
1. Proposed Change
    The EPA proposed to amend the regulatory text in 40 CFR 58.10(a)(5)
so that state and local air monitoring agencies are required to submit
their NO2 monitoring network plans to their respective EPA
Regional Administrator instead of the EPA Administrator for approval.
This change would make the NO2 monitoring network plan
submittals consistent with the requirements for submittal of Annual
Monitoring Network Plans for ozone, carbon monoxide, sulfur dioxide,
particulate matter, and lead to EPA Regional Administrators.
2. Public Comments
    The EPA received comments from five state and multi-state
representative groups and one citizen supporting the proposed revisions
to shift the approval authority of state Annual Monitoring Network
Plans from the EPA Administrator to the EPA Regional Administrators.
For example, the Wisconsin Department of Natural Resources supported
this revision as this change will allow ``* * * for NO2
monitoring network plans to be incorporated into Annual Network Plans
reducing the time and resources required to prepare these plans
[independent of other pollutant plans].'' The EPA did not receive any
comments against the proposed changes to NO2

monitoring network plan approval authority.
3. Conclusions on Annual Monitoring Network Plan Approval Authority
    The EPA has concluded, upon consideration of public comments, that
the revisions to the regulatory language in 40 CFR 58.10(a)(5) shall be
finalized as they were proposed. As such, states shall submit Annual
Monitoring Network Plans for NO2 monitoring to the EPA
Regional Administrators for approval.

III. Statutory and Executive Order Reviews

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

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under Executive Orders 12866 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). The proposed amendments to revise
ambient NO2 monitoring requirements do not add any
information collection requirements beyond those imposed by the
existing NO2 monitoring requirements.

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 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
will allow additional time for state and local air monitoring agencies
to install and begin operating a subset of required NO2
monitors and does not add any new requirements. Therefore, it will not
present a significant economic impact on small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for state, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This action will allow additional time for state and local air
monitoring agencies to install and begin operating a subset of required
NO2 monitors and does not add any new requirements. This
action imposes no new enforceable duty on any state, local or tribal
governments or the private sector. Furthermore, the expected costs
associated with the monitoring requirements are not expected to exceed
$100 million in the aggregate for any year. Therefore, this action is
not subject to the requirements of sections 202 or 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 because it imposes
no enforceable duty on any small governments.

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 will allow additional
time for state and local air monitoring agencies to install and begin
operating a subset of required NO2 monitors and does not add
any new requirements. 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 final rule
imposes no requirements on tribal governments. This action will allow
additional time for state and local air monitoring agencies to install
and begin operating a subset of required NO2 monitors and
does not add any new requirements. 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 EO 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 EO
has the potential to influence the regulation. This action is not
subject to EO 13045 because it does not establish or alter an
environmental standard intended to mitigate health or safety risks, but
merely allows additional time for state and local air monitoring
agencies to install and begin operating a subset of required
NO2 monitors.

H. Executive Order 13211: Actions Concerning Regulations 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. This action will allow additional time
for state and local air monitoring agencies to install and begin
operating a subset of required NO2 monitors and does not add
any new requirements.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs the EPA to provide
Congress, through OMB, explanations when the agency decides not to use
available and applicable voluntary consensus standards.
    This final rulemaking does not involve technical standards.
Therefore, this action is not subject to the NTTAA.

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

    Executive Order (EO) 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.
    The EPA has determined that this final 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 rule will allow additional time for state and local
air monitoring agencies to install and begin operating a subset of
required NO2 monitors and does not add any new requirements
or change any existing emission or ambient concentration standards.

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 March 14, 2013.

List of Subjects in 40 CFR Part 58

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations.

    Dated: March 7, 2013.
Bob Perciasepe,
Acting Administrator.

    For the reasons discussed in the preamble, the EPA amends 40 CFR
part 58 to read as follows:

PART 58--AMBIENT AIR QUALITY SURVEILLANCE

0
1. The authority citation for part 58 continues to read as follows:

    Authority: 42 U.S.C. 7403, 7410, 7601(a), 7611, and 7619.

Subpart B [AMENDED]

0
2. Section 58.10 is amended by revising paragraph (a)(5) and paragraph
(b)(12) to read as follows:

Sec.  58.10  Annual monitoring network plan and periodic network
assessment.

* * * * *
    (a) * * *
    (5)(i) A plan for establishing or identifying an area-wide
NO2 monitor, in accordance with the requirements of Appendix
D, section 4.3.3 to this part, shall be submitted as part of the Annual
Monitoring Network Plan to the EPA Regional Administrator by July 1,
2012. The plan shall provide for these required monitors to be
operational by January 1, 2013.
    (ii) A plan for establishing or identifying any NO2
monitor intended to characterize vulnerable and susceptible
populations, as required in Appendix D, section 4.3.4 to this part,
shall be submitted as part of the Annual Monitoring Network Plan to the
EPA Regional Administrator by July 1, 2012. The plan shall provide for
these required monitors to be operational by January 1, 2013.
    (iii) A plan for establishing a single near-road NO2
monitor in CBSAs having 1,000,000 or more persons, in accordance with
the requirements of Appendix D, section 4.3.2 to this part, shall be
submitted as part of the Annual Monitoring Network Plan to the EPA
Regional Administrator by July 1, 2013. The plan shall provide for
these required monitors to be operational by January 1, 2014.
    (iv) A plan for establishing a second near-road NO2
monitor in any CBSA with a population of 2,500,000 or more persons, or
a second monitor in any CBSA with a population of 500,000 or more
persons that has one or more roadway segments with 250,000 or greater
AADT counts, in accordance with the requirements of Appendix D, section
4.3.2 to this part, shall be submitted as part of the Annual Monitoring
Network Plan to the EPA Regional Administrator by July 1, 2014. The
plan shall provide for these required monitors to be operational by
January 1, 2015.
    (v) A plan for establishing a single near-road NO2
monitor in all CBSAs having 500,000 or more persons, but less than
1,000,000, not already required by paragraph (a)(5)(iv) of this
section, in accordance with the requirements of Appendix D, section
4.3.2 to this part, shall be submitted as part of the Annual Monitoring
Network Plan to the EPA Regional Administrator by July 1, 2016. The
plan shall provide for these monitors to be operational by January 1,
2017.
* * * * *
    (b) * * *
    (12) The identification of required NO2 monitors as
near-road, area-wide, or vulnerable and susceptible population monitors
in accordance with Appendix D, section 4.3 of this part.
* * * * *

0
3. Section 58.13 is amended by revising paragraph (c) to read as
follows:

Sec.  58.13  Monitoring network completion.

* * * * *
    (c) The NO2 monitors required under Appendix D, section
4.3 of this part must be physically established and operating under all
of the requirements of this part, including the requirements of
appendices A, C, D, and E to this part, no later than:
    (1) January 1, 2013, for area-wide NO2 monitors required
in Appendix D, section 4.3.3;
    (2) January 1, 2013, for NO2 monitors intended to
characterize vulnerable and susceptible populations that are required
in Appendix D, section 4.3.4;
    (3) January 1, 2014, for an initial near-road NO2
monitor in CBSAs having 1,000,000 million or more persons that is
required in Appendix D, section 4.3.2;
    (4) January 1, 2015, for a second near-road NO2 monitor
in CBSAs that have a population of 2,500,000 or more persons or a
second monitor in any CBSA with a population of 500,000 or more persons
that has one or more roadway segments with 250,000 or greater AADT
counts that is required in Appendix D, section 4.3.2;
    (5) January 1, 2017, for a near-road NO2 monitor in
CBSAs having 500,000 or more persons, but less than 1,000,000, not
already required by paragraph (c)(4) of this section, that is required
in Appendix D, section 4.3.2.
* * * * *
[FR Doc. 2013-05939 Filed 3-13-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: October 15, 2008 (Volume 73, Number 200)]
[Rules and Regulations]
[Page 60951]
[DOCID:fr15oc08-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

[Docket Nos. TSA-2006-24191; USCG-2006-24196]

Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License

AGENCY: United States Coast Guard; DHS.

ACTION: Notice of compliance date, Captain of the Port Zones Portland
(OR), Puget Sound, and San Francisco Bay.

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SUMMARY: This document informs owners and operators of facilities
located within Captain of the Port Zones Portland (OR), Puget Sound,
and San Francisco Bay that they must implement access control
procedures utilizing TWIC no later than February 28, 2009.

DATES: The compliance date for the TWIC regulations found in 33 CFR
part 105 for Captain of the Port Zones Portland (OR), Puget Sound, and
San Francisco Bay is February 28, 2009.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this document as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
document, call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Regulatory History

    On May 22, 2006, the Department of Homeland Security (DHS) through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed
rulemaking entitled ``Transportation Worker Identification Credential
(TWIC) Implementation in the Maritime Sector; Hazardous Materials
Endorsement for a Commercial Driver's License'' in the Federal Register
(71 FR 29396). This was followed by a 45-day comment period and four
public meetings. The Coast Guard and TSA issued a joint final rule,
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter
referred to as the original TWIC final rule). The preamble to that
final rule contains a discussion of all the comments received on the
NPRM, as well as a discussion of the provisions found in the original
TWIC final rule, which became effective on March 26, 2007.
    On May 7, 2008, the Coast Guard and TSA issued a final rule to
realign the compliance date for implementation of the Transportation
Worker Identification Credential. 73 FR 25562. The date by which
mariners need to obtain a TWIC, and by which owners and operators of
vessels and outer continental shelf facilities must implement access
control procedures utilizing TWIC, is now April 15, 2009 instead of
September 25, 2008. Owners and operators of facilities that must comply
with 33 CFR part 105 will still be subject to earlier, rolling
compliance dates, as set forth in 33 CFR 105.115(e).
    The Coast Guard will continue to announce rolling compliance dates,
as provided in 33 CFR 105.115(e), at least 90 days in advance via
notices published in the Federal Register. The final compliance date
for all COTP Zones will not be later than April 15, 2009.

II. Notice of Facility Compliance Date--COTP Zones Portland (OR), Puget
Sound, and San Francisco Bay

    Title 33 CFR 105.115(e) currently states that ``[f]acility owners
and operators must be operating in accordance with the TWIC provisions
in this part by the date set by the Coast Guard in a Notice to be
published in the Federal Register.'' Through this Notice, the Coast
Guard informs the owners and operators of facilities subject to 33 CFR
105.115(e) located within COTP Zones Portland (OR), Puget Sound, and
San Francisco Bay that the deadline for their compliance with Coast
Guard and TSA TWIC requirements is February 28, 2009.
    The TSA and Coast Guard have determined that this date provides
sufficient time for the estimated population required to obtain TWICs
for these COTP Zones to enroll and for TSA to complete the necessary
security threat assessments for those enrollment applications. We
strongly encourage persons requiring unescorted access to facilities
regulated by 33 CFR part 105 and located in one of these COTP Zones to
enroll for their TWIC as soon as possible, if they haven't already.
Additionally, we note that the TWIC Final Rule advises owners and
operators of MTSA regulated facilities of their responsibility to
notify employees of the TWIC requirements. Specifically, 33 CFR
105.200(b)(14) requires owners or operators of MTSA regulated
facilities to ``[i]nform facility personnel of their responsibility to
apply for and maintain a TWIC, including the deadlines and methods for
such applications.'' Information on enrollment procedures, as well as a
link to the pre-enrollment Web site (which will also enable an
applicant to make an appointment for enrollment), may be found at
https://twicprogram.tsa.dhs.gov/ TWICWebApp/. You may also visit our
Web site at homeport.uscg.mil/twic for a framework showing expected
future compliance dates by COTP Zone. This list is subject to change;
changes in expected future compliance dates will appear on that Web
site. The exact compliance date for COTP Zones will also be announced
in the Federal Register at least 90 days in advance.

    Dated: October 7, 2008.
David W. Murk,
Commander, U.S. Coast Guard, Acting Chief, Ports and Facilities
Activities.
 [FR Doc. E8-24526 Filed 10-14-08; 8:45 am]

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[Federal Register Volume 86, Number 121 (Monday, June 28, 2021)]
[Proposed Rules]
[Pages 33920-33922]
[FR Doc No: 2021-13673]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0424; Airspace Docket No. 21-ACE-13]
RIN 2120-AA66

Proposed Amendment of Class E Airspace; Malden, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace extending
upward from 700 feet above the surface at Malden Regional Airport,
(formerly Malden Municipal Airport), Malden, MO. The FAA is proposing
this action as a result of an airspace review caused by the
decommissioning of the Malden Very High Frequency Omnidirectional Range
(VOR) collocated with Tactical Air Navigation (TACAN) (VORTAC)
navigation aid as part of the VOR Minimum Operational Network (MON)
Program. Controlled airspace is necessary for the safety and management
of instrument flight rules (IFR) in the area.

DATES: Comments must be received on or before August 12, 2021.

ADDRESSES: Send comments on this proposal to: The U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify the
Docket No. FAA-2021-0424; Airspace Docket

No. 21-ACE-13, at the beginning of your comments. You may also submit
comments through the internet at https://www.regulations.gov.
    FAA Order 7400.11E Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it amends Class E airspace in Malden, MO, to support IFR operations
in the area.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2021-0424 and Airspace Docket No. 21-ACE-13) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2021-0424; Airspace Docket No. 21-ACE-13.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class E
airspace extending upward from 700 feet above the surface for Malden
Regional Airport, MO, as the Malden VORTAC has been decommissioned and
all associated airspace extensions of Class E airspace extending upward
from 700 feet above the surface, off the Malden VORTAC have been
eliminated. The Class E airspace extending upward from 700 feet above
the surface would be amended by increasing the radius to 7.3 miles
(previously 6.7 miles). Also the airport's name (formerly Malden
Municipal Airport) and geographic coordinates would be updated to
coincide with the FAA's data base.
    Class E airspace designations are published in Paragraph 6005, of
FAA Order 7400.11E, dated July 21, 2020, and effective September 15,
2020, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'', prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11E, Airspace Designations and Reporting
Points, dated July 21, 2020, and effective September 15, 2020, is
amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ACE MO E5 Malden, MO [Amend]

Malden Regional Airport, MO
    (Lat. 36[deg]35'54'' N, long. 89[deg]59'33'' W)

    That airspace extending upward from 700 feet above the surface
within a 7.3-mile radius of the Malden Regional Airport.

    Issued in College Park, Georgia, on June 22, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team South, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-13673 Filed 6-25-21; 8:45 am]
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