[Federal Register: August 4, 2008 (Volume 73, Number 150)]
[Rules and Regulations]
[Page 45162-45169]
[DOCID:fr04au08-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R06-OAR-2006-0386; FRL-8699-9]

Approval and Promulgation of Implementation Plans; Texas; El Paso
County Carbon Monoxide Redesignation to Attainment, and Approval of
Maintenance Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: On February 13, 2008, the Texas Commission on Environmental
Quality (TCEQ) submitted a State Implementation Plan (SIP) revision to
request redesignation of the El Paso carbon monoxide (CO) nonattainment
area to attainment for the CO National Ambient Air Quality Standard
(NAAQS). This submittal also included a CO maintenance plan for the El
Paso area and associated Motor Vehicle Emission Budgets (MVEBs). The
maintenance plan was developed to ensure continued attainment of the CO
NAAQS for a period of at least 10 years from the effective date of EPA
approval of redesignation to attainment. In this action, EPA is
approving the El Paso CO redesignation request and the maintenance plan
with its associated MVEBs as satisfying the requirements of the Federal
Clean Air Act (CAA) as amended in 1990.

DATES: This rule is effective October 3, 2008 without further notice,
unless EPA receives relevant adverse comment by

September 3, 2008. If adverse comment is received, EPA will publish a
timely withdrawal of this direct final rule in the Federal Register
informing the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket No. EPA-R06-OAR-
2006-0386, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     E-mail: Mr. Guy Donaldson at<EMAIL_ADDRESS>Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
     Fax: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), at fax number<PHONE_NUMBER>.
     Mail: Mr. Guy Donaldson, Chief, Air Planning Section (6PD-
L), Environmental Protection Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202-2733.
     Hand Delivery: Mr. Guy Donaldson, Chief, Air Planning
Section (6PD-L), Environmental Protection Agency, 1445 Ross Avenue,
Suite 1200, Dallas, Texas 75202-2733. 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-R06-OAR-
2006-0386. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The 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 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, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the
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 www.regulations.gov or in hard copy at the Air Planning Section
(6PD-L), Environmental Protection Agency, 1445 Ross Avenue, Suite 700,
Dallas, Texas 75202-2733. The file will be made available by
appointment for public inspection in the Region 6 FOIA Review Room
between the hours of 8:30 a.m. and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in the FOR FURTHER INFORMATION
CONTACT paragraph below or Mr. Bill Deese at<PHONE_NUMBER> to make an
appointment. If possible, please make the appointment at least two
working days in advance of your visit. There will be a 15 cent per page
fee for making photocopies of documents. On the day of the visit,
please check in at the EPA Region 6 reception area at 1445 Ross Avenue,
Suite 700, Dallas, Texas.
    The State submittal is also available for public inspection at the
State Air Agency listed below during official business hours by
appointment:
    Texas Commission on Environmental Quality, Office of Air Quality,
12124 Park 35 Circle, Austin, Texas 78753.

FOR FURTHER INFORMATION CONTACT: Jeffrey Riley, Air Planning Section,
(6PD-L), Environmental Protection Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202-2733, telephone<PHONE_NUMBER>; fax
number<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we''
``us'' or ``our'' is used, we mean the EPA.

Table of Contents

I. Background
II. EPA's Evaluation of the El Paso Redesignation Request and
Maintenance Plan
III. EPA's Evaluation of the Transportation Conformity Requirements
IV. Consideration of Section 110(l) of the CAA
V. Final Action
VI. Statutory and Executive Order Reviews

I. Background

    Under the 1990 Federal Clean Air Act (CAA) Amendments, El Paso was
designated and classified as a moderate nonattainment area for CO
because it did not meet the 8-hour CO NAAQS for this criteria pollutant
(56 FR 56694). El Paso's classification as a moderate nonattainment
area under sections 107(d)(4)(A) and 186(a) of the CAA imposed a
schedule for attainment of the CO NAAQS by December 31, 1995.
    The El Paso nonattainment area has unique considerations for CO
attainment planning due to airshed contributions from Ciudad Juarez,
Mexico. Section 179B of the 1990 CAA Amendments contains provisions for
CO nonattainment areas affected by emissions emanating from outside the
United States. Under CAA Section 179B, the EPA shall approve a SIP for
the El Paso nonattainment area if the TCEQ establishes to the EPA's
satisfaction that implementation of the plan would achieve timely
attainment of the NAAQS but for emissions emanating from Ciudad Juarez.
This provision prevents El Paso County from being reclassified to a
higher level of nonattainment should monitors continue to record CO
concentrations in excess of the NAAQS.
    To meet the CAA attainment schedule of December 31, 1995, Texas
submitted an initial revision to the SIP for the El Paso CO moderate
nonattainment area in a letter dated September 27, 1995. This
submittal, as well as a February 1998 supplemental submittal, included
air quality modeling demonstrating that El Paso would attain the CO
NAAQS by December 31, 1995, but for emissions emanating outside of the
United States from Mexico. The EPA approved a revision to the Texas SIP
submitted to show attainment of the 8-hour CO NAAQS in the El Paso CO
nonattainment area under Section 179B provisions, as well as approving
the El Paso area's CO emissions budget and a CO contingency measure
requirement. The State submitted the revisions to satisfy Section 179B
and Part D requirements of the CAA. This approval was published July 2,
2003 (68 FR 39457), and became effective September 2, 2003. TCEQ also
submitted all the requirements for the moderate area classification and
EPA approved them. See further discussion in Section II.B.2.
    On January 20, 2006, the State of Texas submitted a revision to the
SIP which consisted of a request for redesignation of the El Paso
carbon monoxide (CO) nonattainment area to attainment for the CO NAAQS,
as well as an 8-hour CO maintenance plan to

ensure that El Paso County remains in attainment of the 8-hour CO
NAAQS. EPA was unable to take action on this request for redesignation
because the 8-hour CO maintenance plan did not provide for a
maintenance period of at least 10 years after redesignation, as
required by CAA Section 175A(a). On February 13, 2008, the State
submitted a revision to the SIP containing an 8-hour CO maintenance
plan to provide for El Paso County's continued attainment of the 8-hour
CO NAAQS until 2020.
    In this action, we are approving a change in the legal designation
of the El Paso area from nonattainment for CO to attainment, in
addition to approving the maintenance plan that is designed to keep the
area in attainment for CO until 2020. Under the CAA, we can change
designations if acceptable data are available and if certain other
requirements are met. Section 107(d)(3)(E) of the CAA provides that the
Administrator may not promulgate a redesignation of a nonattainment
area to attainment unless:
    (i) The Administrator determines that the area has attained the
national ambient air quality standard;
    (ii) The Administrator has fully approved the applicable
implementation plan for the area under CAA section 110(k);
    (iii) The Administrator determines that the improvement in air
quality is due to permanent and enforceable reductions in emissions
resulting from implementation of the applicable implementation plan and
applicable Federal air pollutant control regulations and other
permanent and enforceable reductions;
    (iv) The Administrator has fully approved a maintenance plan for
the area as meeting the requirements of CAA section 175A; and,
    (v) The State containing such area has met all requirements
applicable to the area under section 110 and Part D of the CAA.
    Before we can approve the redesignation request, we must decide
that all applicable SIP elements have been fully approved. Approval of
the applicable SIP elements may occur simultaneously with final
approval of the redesignation request. The State of Texas has
incorporated a CO maintenance plan into this submittal to satisfy the
requirement of a fully approved maintenance plan for the area.

II. EPA's Evaluation of the El Paso Redesignation Request and
Maintenance Plan

    We have reviewed the El Paso CO redesignation request and
maintenance plan and believe that approval of the request is warranted,
consistent with the requirements of CAA section 107(d)(3)(E). The
following are descriptions of how the section 107(d)(3)(E) requirements
are being addressed.
(a) Redesignation Criterion: The Area Must Have Attained the Carbon
Monoxide (CO) NAAQS
    Section 107(d)(3)(E)(i) of the CAA states that for an area to be
redesignated to attainment, the Administrator must determine that the
area has attained the applicable NAAQS. The area is designated
attainment for the 1-hour CO NAAQS and designated nonattainment for the
8-hour CO NAAQS. As described in 40 CFR 50.8, the 8-hour CO NAAQS for
carbon monoxide is 9 parts per million (ppm), (10 milligrams per cubic
meter) for an 8-hour average concentration not to be exceeded more than
once per year. 40 CFR 50.8 continues by stating that the levels of CO
in the ambient air shall be measured by a reference method based on 40
CFR Part 50, Appendix C and designated in accordance with 40 CFR part
53 or an equivalent method designated in accordance with 40 CFR part
53. Attainment of the 8-hour CO standard is not a momentary phenomenon
based on short-term data. Instead, we consider an area to be in
attainment if each of the 8-hour CO ambient air quality monitors in the
area doesn't have more than one exceedance of the 8-hour CO standard
over a one-year period. If any monitor in the area's CO monitoring
network records more than one exceedance of the 8-hour CO standard
during a one-year calendar period, then the area is in violation of the
8-hour CO NAAQS. In addition, our interpretation of the CAA and EPA
national policy \1\ has been that an area seeking redesignation to
attainment must show attainment of the CO NAAQS for at least a
continuous two-year calendar period. In addition, the area must also
continue to show attainment through the date that we promulgate the
redesignation in the Federal Register.
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    \1\ Refer to EPA's September 4, 1992, John Calcagni policy
memorandum entitled ``Procedures for Processing requests to
Redesignate areas to Attainment''.
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    The State of Texas' CO redesignation request for the El Paso area
is based on an analysis of quality assured ambient air quality
monitoring data that are relevant to the redesignation request. As
presented in Chapter 3, Table 3-1 of the State's maintenance plan,
ambient air quality monitoring data for consecutive calendar years 1999
through 2005 show a measured exceedance rate of the CO NAAQS of 1.0 or
less per year, per monitor, in the El Paso nonattainment area. We have
evaluated the ambient air quality data and have determined that the El
Paso area has not violated the 8-hour CO standard and continues to
demonstrate attainment. The El Paso nonattainment area has quality-
assured data showing no violations of the 8-hour CO NAAQS for the most
recent consecutive two-calendar-year period (2006 and 2007). Therefore,
we believe the El Paso area has met the first component for
redesignation: Demonstration of attainment of the CO NAAQS. We note too
that the State of Texas has also committed, in the maintenance plan, to
continue the necessary operation of the CO monitoring network in
compliance with 40 CFR Part 58.
(b) Redesignation Criterion: The Area Must Have Met All Applicable
Requirements Under Section 110 and Part D of the CAA
    To be redesignated to attainment, section 107(d)(3)(E)(v) requires
that an area must meet all applicable requirements under section 110
and Part D of the CAA. We interpret section 107(d)(3)(E)(v) to mean
that for a redesignation to be approved by us, the State must meet all
requirements that applied to the subject area prior to or at the time
of the submission of a complete redesignation request. In our
evaluation of a redesignation request, we don't need to consider other
requirements of the CAA that became due after the date of the
submission of a complete redesignation request.

1. CAA Section 110 Requirements

    Section 110(a)(2) of Title I of the CAA delineates the general
requirements for a SIP, which include enforceable emissions limitations
and other control measures, means, or techniques, provisions for the
establishment and operation of appropriate devices necessary to collect
data on ambient air quality, and programs to enforce the limitations.
On July 2, 2003, we approved the El Paso CO element revisions to
Texas's SIP as meeting the requirements of section 110(a)(2) of the CAA
(see 68 FR 39457).

2. Part D Requirements

    Before the El Paso ``moderate'' CO nonattainment area may be
redesignated to attainment, the State must have fulfilled the
applicable requirements of Part D. Under Part D, an area's
classification indicates the requirements to which it will be subject.
Subpart 1 of Part D sets forth the basic nonattainment

requirements applicable to all nonattainment areas. Subpart 3 of Part D
contains specific provisions for ``moderate'' CO nonattainment areas.
The relevant subpart 1 requirements are contained in sections 172(c)
and 176. Our General Preamble (see 57 FR 13529 to 13532, April 16,
1992) provides EPA's interpretations of the CAA requirements for
``moderate'' CO areas such as El Paso with CO design values that are
less than or equal to 12.7 ppm. The General Preamble (see 57 FR 13530,
et seq.) provides that the applicable requirements of CAA section 172
are: 172(c)(3) (emissions inventory), 172(c)(5) (new source review
permitting program), 172(c)(7) (the section 110(a)(2) air quality
monitoring requirements), and 172(c)(9) (contingency measures).
Regarding the requirements of sections 172(c)(3) (inventory) and
172(c)(9) (contingency measures), please refer to our discussion below
of sections 187(a)(1) and 187(a)(3), which are the more specific
provisions of Subpart 3 of Part D of the CAA.
    It is also worth noting that we interpreted the requirements of
sections 172(c)(2) (reasonable further progress--RFP) and 172(c)(6)
(other measures) as being irrelevant to a redesignation request because
they only have meaning for an area that is not attaining the standard.
See EPA's September 4, 1992, John Calcagni memorandum entitled
``Procedures for Processing Requests to Redesignate Areas to
Attainment'', and the General Preamble, 57 FR at 13564, dated April 16,
1992. Finally, the State has not sought to exercise the options that
would trigger sections 172(c)(4) (identification of certain emissions
increases) and 172(c)(8) (equivalent techniques). Thus, these
provisions are also not relevant to this redesignation request.
    For the section 172(c)(5) New Source Review (NSR) requirements, the
CAA requires all nonattainment areas to meet several requirements
regarding NSR, including provisions to ensure that increased emissions
will not result from any new or modified stationary major sources and a
general offset rule. The State of Texas has an approved NSR program
(see 60 FR 49781, September 27, 1995) that meets the requirements of
CAA section 172(c)(5). For the CAA section 172(c)(7) provisions
(compliance with the CAA section 110(a)(2) Air Quality Monitoring
Requirements), our interpretations are presented in the General
Preamble (57 FR 13535). CO nonattainment areas are to meet the
``applicable'' air quality monitoring requirements of section 110(a)(2)
of the CAA. Information concerning CO monitoring in Texas is included
in the Annual Monitoring Network Review (MNR) prepared by the State and
submitted to EPA. Our personnel have concurred with Texas' annual
network reviews and have agreed that the El Paso network remains
adequate.
    In Chapter 5, Section 5.5 of the maintenance plan, the State
commits to the continued operation of the existing CO monitoring
network according to applicable Federal regulations and guidelines (40
CFR part 58).
    The relevant Subpart 3 provisions were created when the CAA was
amended on November 15, 1990. The new CAA requirements for ``moderate''
CO areas, such as El Paso, required that the SIP be revised to include
a 1990 base year emissions inventory (CAA section 187(a)(1)),
contingency provisions (CAA section 187(a)(3)), corrections to existing
motor vehicle inspection and maintenance (I/M) programs (CAA section
187(a)(4)), periodic emission inventories (CAA section 187(a)(5)), and
the implementation of an oxygenated fuels program (CAA section
211(m)(1)). Sections 187(a)(2), (6), and (7) do not apply to the El
Paso area because its design value was below 12.7 ppm at the time of
classification. How the State met these requirements and our approvals,
are described below:
    A. 1990 base year emissions inventory (CAA section 187(a)(1)): EPA
approved an emissions inventory on September 12, 1994 (see 59 FR
46766).
    B. Contingency provisions (CAA section 187(a)(3)): EPA approved the
use of 46 tons per day in incremental CO reduction credits from the
Texas low-enhanced vehicle inspection and maintenance program, as
fulfillment of the State's CO attainment contingency measure
requirement for the El Paso nonattainment area under section 172(c)(9)
on July 2, 2003 (see 68 FR 39457).
    C. Corrections to the El Paso basic I/M program (CAA section
187(a)(4)): EPA approved the Texas Motorist Choice (TMC) I/M Program
(which includes El Paso) on November 14, 2001 (see 66 FR 57261).
    D. Periodic emissions inventories (CAA section 187(a)(5)): The
State submitted an initial revision to the SIP for the El Paso CO
moderate nonattainment area in a letter dated September 27, 1995. This
submittal, as well as a February 1998 supplemental submittal contained
a commitment to submit emission inventory updates. TCEQ continues to
submit the Periodic Emissions Inventory (PEI) every three years.
    E. Oxygenated fuels program implementation (CAA section 211(m)):
EPA approved the El Paso oxygenated fuels program on September 12, 1994
(see 59 FR 46766).
(c) Redesignation Criterion: The Area Must Have a Fully Approved SIP
Under Section 110(k) of the CAA
    Section 107(d)(3)(E)(ii) of the CAA states that for an area to be
redesignated to attainment, it must be determined that the
Administrator has fully approved the applicable implementation plan for
the area under section 110(k). As noted above, EPA previously approved
SIP revisions for the El Paso CO nonattainment area that were required
by the 1990 amendments to the CAA. In this action, we are also
approving the maintenance plan proposed by the State, and the State's
commitment to maintain an adequate monitoring network (contained in the
maintenance plan). Thus, with this final rule to approve the El Paso
redesignation request and maintenance plan, we will have fully approved
the El Paso CO element of the SIP under section 110(k) of the CAA.
(d) Redesignation Criterion: The Area Must Show That the Improvement in
Air Quality Is Due to Permanent and Enforceable Emissions Reductions
    Section 107(d)(3)(E)(iii) of the CAA provides that for an area to
be redesignated to attainment, the Administrator must determine that
the improvement in air quality is due to permanent and enforceable
reductions in emissions resulting from implementation of the applicable
implementation plan, implementation of applicable Federal air pollutant
control regulations, and other permanent and enforceable reductions.
The CO emissions reductions for El Paso, that are further described in
Sections 3.5 and 5.4.2 of the El Paso maintenance plan, were achieved
primarily through the Federal Motor Vehicle Control Program (FMVCP), an
oxygenated fuels program, and a motor vehicle inspection and
maintenance (I/M) program.
    In general, the FMVCP provisions require vehicle manufacturers to
meet more stringent vehicle emission limitations for new vehicles in
future years. These emission limitations are phased in (as a percentage
of new vehicles manufactured) over a period of years. As new, lower
emitting vehicles replace older, higher emitting vehicles (``fleet
turnover''), emission reductions are realized for a particular area
such as El Paso. For example, EPA promulgated lower hydrocarbon (HC)
and CO exhaust

emission standards in 1991, known as Tier I standards for new motor
vehicles (light-duty vehicles and light-duty trucks) in response to the
1990 CAA amendments. These Tier I emissions standards were phased in
with 40% of the 1994 model year fleet, 80% of the 1995 model year
fleet, and 100% of the 1996 model year fleet.
    As stated in Section 5.4.2 of the maintenance plan, significant
additional emission reductions were realized from El Paso's basic I/M
program. The program requires annual inspections of vehicles at
independent inspection stations. We note that further improvements to
the El Paso area's basic I/M program, to meet the requirements of EPA's
November 5, 1992, (57 FR 52950) I/M rule, and upgrading the I/M program
to meet the requirements for a low-enhanced program, were approved by
us into the SIP on November 14, 2001 (68 FR 39457).
    Oxygenated fuels are gasolines that are blended with additives that
increase the level of oxygen in the fuel and, consequently, reduce CO
tailpipe emissions. TAC Title 30, Chapter 114, Section 114.100,
``Oxygenated Fuels Program'', contains the oxygenated fuels provisions
for the El Paso nonattainment area. This rule requires all El Paso area
gas stations to sell fuels containing a 2.7% minimum oxygen content (by
weight) during the wintertime CO high pollution season. The use of
oxygenated fuels has significantly reduced CO emissions and contributed
to the area's attainment of the CO NAAQS.
    During the public comment process for State-level adoption of the
maintenance plan, the Texas Oil and Gas Association (TXOGA) recommended
removing the oxygenated fuels program as a control measure and
establishing it as a contingency measure. Due to support for the
oxygenated fuels program stated by the local governmental entities, the
State chose to retain the program as a committed control measure as
part of the redesignation request and maintenance plan. This rulemaking
action involves EPA approval of the El Paso CO redesignation request
and the associated maintenance plan submitted by the State. EPA only
can act upon what a State has chosen to submit to EPA for approval as a
SIP revision. EPA cannot usurp a state's primary role in establishing
the SIP controls. Therefore, if EPA receives any comments about the
removal of the oxygenated fuels program to the contingency measures
plan, we shall not consider them as relevant comment to this
rulemaking. Should the State consider removing the oxygenated fuels
program to the contingency measures plan at a later date, another
public hearing and comment period would be held as part of a separate
rulemaking and SIP revision process.
    We have evaluated the various State and Federal control measures,
and believe that the improvement in air quality in the El Paso
nonattainment area has resulted from emission reductions that are
permanent and enforceable.
(e) Redesignation Criterion: The Area Must Have a Fully Approved
Maintenance Plan Under CAA Section 175A
    Section 107(d)(3)(E)(iv) of the CAA provides that for an area to be
redesignated to attainment, the Administrator must have fully approved
a maintenance plan for the area meeting the requirements of section
175A of the CAA. Section 175A of the CAA sets forth the elements of a
maintenance plan for areas seeking redesignation from nonattainment to
attainment. The maintenance plan must demonstrate continued attainment
of the applicable NAAQS for at least ten years after the Administrator
approves a redesignation to attainment. Eight years after the
promulgation of the redesignation, the State must submit a revised
maintenance plan that demonstrates continued attainment for the
subsequent ten-year period following the initial ten-year maintenance
period. To address the possibility of future NAAQS violations, the
maintenance plan must contain contingency measures, with a schedule for
adoption and implementation, that are adequate to assure prompt
correction of a violation. In addition, we issued further maintenance
plan interpretations in the ``General Preamble for the Implementation
of Title I of the Clean Air Act Amendments of 1990'' (57 FR 13498,
April 16, 1992), ``General Preamble for the Implementation of Title I
of the Clean Air Act Amendments of 1990; Supplemental'' (57 FR 18070,
April 28, 1992), and the EPA guidance memorandum entitled ``Procedures
for Processing Requests to Redesignate Areas to Attainment'' from John
Calcagni, Director, Air Quality Management Division, Office of Air
Quality and Planning Standards, to Regional Air Division Directors,
dated September 4, 1992 (hereafter the September 4, 1992 Calcagni
Memorandum).
    In this Federal Register action, EPA is approving the maintenance
plan for the El Paso CO nonattainment area because we believe, as
detailed below, that the State's maintenance plan submittal meets the
requirements of section 175A and is consistent with our interpretations
of the CAA, as reflected in the documents referenced above. Our
analysis of the pertinent maintenance plan requirements, with reference
to the State's February 13, 2008, submittal, is provided as follows:

1. Emissions Inventories--Attainment Year and Projections

    EPA's interpretations of the CAA section 175A maintenance plan
requirements are generally provided in the General Preamble (see 57 FR
13498, April 16, 1992) and the September 4, 1992 Calcagni Memorandum
referenced above. Under our interpretations, areas seeking to
redesignate to attainment for CO may demonstrate future maintenance of
the CO NAAQS either by showing that future CO emissions will be equal
to or less than the attainment year emissions or by providing a
modeling demonstration.
    For the El Paso area, the State selected the emissions inventory
approach for demonstrating maintenance of the CO NAAQS; however, the
State also conducted ``hot spot'' CO modeling to demonstrate that CO
exceedances are not currently occurring at a potential hot spot and
will not occur at such locations in the future. The maintenance plan
submitted by the TCEQ on February 13, 2008, includes comprehensive
inventories of CO emissions for the El Paso area. These inventories
include emissions from stationary point sources, area sources, non-road
mobile sources, and on-road mobile sources. The State selected 2002 as
the year from which to develop the attainment year inventory and
included a projection out to 2020. More detailed descriptions of the
2002 attainment year inventory and the projected inventory are
documented in the maintenance plan in Chapter 2. Summary emission
figures from the 2002 attainment year and the final maintenance year of
2020 are provided in Table 1 below.

                            Table 1--El Paso County CO Emissions for 2002-2020 (tpd)
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                                                                     Non-road
              Year                 Point source        Area           mobile      On-road mobile       Total
----------------------------------------------------------------------------------------------------------------
2002............................            4.67           16.42           45.90          360.34          427.33
2020............................            5.13           19.10           63.77          230.26          318.26
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    As presented in Chapter 3, Table 3-1 of the State's maintenance
plan, ambient air quality monitoring data for consecutive calendar
years 1999 through 2005 show a measured exceedance rate of the CO NAAQS
of 1.0 or less per year, per monitor, in the El Paso nonattainment
area. To further demonstrate maintenance of the CO NAAQS, the TCEQ
agreed to additional ``hot spot'' modeling as requested by EPA on the
basis of EPA's Office of Air Quality Planning and Standards' (OAQPS)
September 30, 1994 Ozone/Carbon Monoxide Redesignations Reference
Document. The modeling was done specifically to address two concerns--
the El Paso CO monitoring network has a limited number of sites, and
therefore may not have identified all the hot spots in the El Paso
area; and in the future, urban growth may increase mobile emissions
enough to cause exceedances of the NAAQS.
    The TCEQ performed CO modeling at a heavily utilized intersection
to demonstrate that CO exceedances are not currently occurring at a
potential hot spot and will not occur at that location in the future. A
modeling protocol detailing hotspot selection, proposed model usage,
and data analysis was submitted by the State on February 17, 2005, and
was approved by EPA via a letter dated March 30, 2005. The modeling
protocol and approach taken are detailed in Chapter 4 of the
maintenance plan. As shown in Table 4-2 of the maintenance plan, the
current (base) case hot spot analysis predicted a maximum 8-hour CO
concentration of 7.8 ppm, and the 2020 future case analysis predicted a
maximum 8-hour CO concentration of 2.0 ppm. Both of these values are
below the 9 ppm NAAQS, and demonstrate current and projected compliance
with the CO standard. A more detailed evaluation by EPA of this hot
spot analysis is provided in the TSD.

2. Demonstration of Maintenance--Projected Inventories

    As we noted above, total CO emissions were projected forward by the
State for the year 2020. We note the State's approach for developing
the projected inventory follows EPA guidance on projected emissions and
we believe it is acceptable.\2\ The projected inventory shows that CO
emissions are not estimated to exceed the 2002 attainment level during
the time period 2002 through 2020 and, therefore, the El Paso area has
satisfactorily demonstrated maintenance. The projected inventory was
developed using EPA-approved technologies and methodologies. No new
control strategies for point and area sources were relied upon in the
projected inventory. CO emission reductions anticipated from EPA's
national rule for the Spark Ignition Small Engine Rule, Phase 1, were
relied upon as a new control strategy for Nonroad sources. TCEQ relied
upon emissions reductions anticipated from existing control strategies:
FMVCP, Texas Oxygenated Fuel SIP, and the Texas I/M Program. Please see
the TSD for more information on EPA's review and evaluation of the
State's methodologies, modeling, inputs, etc., for developing the
projected emissions inventory.
---------------------------------------------------------------------------

    \2\ ``Use of Actual Emissions in Maintenance Demonstrations for
Ozone and Carbon Monoxide (CO) Nonattainment Areas,'' signed by D.
Kent Berry, Acting Director, Air Quality Management Division,
November 30, 1993.
---------------------------------------------------------------------------

3. Monitoring Network and Verification of Continued Attainment

    The TCEQ commits to maintain an appropriate air monitoring network
for the El Paso area throughout the 10-year maintenance period. As
required by 40 CFR part 58.20(d), TCEQ will consult with EPA in annual
review of the air monitoring network to determine the adequacy of the
CO monitoring network, whether or not additional monitoring is needed,
and if/when monitor sites can be discontinued. The TCEQ also commits to
adhere to data quality requirements as specified in 40 CFR part 58
Quality Assurance Requirements.
    In El Paso County, there are eight monitoring sites, each of which
has monitored attainment with the 8-hour CO NAAQS from 2002 through
2007. The 8-hour CO NAAQS is 9 ppm based on the three-year average of
the fourth-highest daily maximum 8-hour CO concentration measured at
each monitor within an area. The standard is considered to be attained
at 9.4 parts per million (ppm). The three most recent 8-hour CO design
values for El Paso County are 6.4 ppm for 2005, 5.4 ppm for 2006, and
3.8 ppm for 2007.
    Texas commits to track the progress of the maintenance plan by
continuing to periodically update the emissions inventory (EI). It will
compare the updated EIs against the projected 2020 EIs.
    TCEQ also commits to continuing all the applicable control
strategies, i.e., the measures approved into the El Paso SIP. For
example, these measures include the Federal Motor Vehicle Control
Program (FMVCP), an oxygenated fuels program, and a motor vehicle
inspection and maintenance (I/M) program.
    Based on the above, we are approving these commitments as
satisfying the relevant requirements and we note that this final
rulemaking approval will render the State's commitments federally
enforceable.

4. Contingency Plan

    Section 175A(d) of the CAA requires that a maintenance plan include
contingency provisions. To meet this requirement, the State has
identified appropriate contingency measures along with a schedule for
the development and implementation of such measures. In the February
13, 2008 submittal, Texas specifies the contingency trigger as a
violation of the 8-hour CO standard based upon air quality monitoring
data from the El Paso monitoring network. In the event that a monitored
violation of the 8-hour CO standard occurs in any portion of the
maintenance area, the State will first analyze the data to determine if
the violation was caused by actions outside TCEQ's jurisdiction (e.g.,
emissions from Mexico or another state) or within its jurisdiction. If
the violation was caused by actions outside TCEQ's jurisdiction, TCEQ
will notify the EPA. If TCEQ determines the violation was caused by
actions within TCEQ's jurisdiction, TCEQ commits to adopt and implement
the identified contingency measures as expeditiously as practicable,
but no later than 18 months.
    The State specifically identifies the following contingency
measures to reattain the standard:
     Vehicle idling restrictions.
     Improved vehicle I/M.
     Improved traffic control measures.

     Implementation of a vanpool program using Federal
Congestion Mitigation and Air Quality Program (CMAQ) funds.
    The maintenance plan indicates that the State may evaluate other
potential strategies to address any future violations in the most
appropriate and effective manner possible. Based on the above, we find
that the contingency measures provided in the State's El Paso CO
maintenance plan are sufficient and meet the requirements of section
175A(d) of the CAA.

5. Subsequent Maintenance Plan Revisions

    In accordance with section 175A(b) of the CAA, Texas has committed
to submit a revised maintenance plan eight years after our approval of
the redesignation. This provision for revising the maintenance plan is
contained in Chapter 5, Section 5.1 of the El Paso CO maintenance plan.
    The maintenance plan adequately addresses the five basic components
of a maintenance plan. EPA believes that the 8-hour CO maintenance plan
SIP revision submitted by the State of Texas for the El Paso area meets
the requirements of Section 175A of the CAA. For more information,
please refer to our Technical Support Document.

III. EPA's Evaluation of the Transportation Conformity Requirements

    Table 2-7 of the maintenance plan documents the motor vehicle
emissions budget (MVEB) for the El Paso CO nonattainment area that has
been established by this CO redesignation request. The MVEB is that
portion of the total allowable emissions defined in the SIP revision
allocated to on-road mobile sources for a certain date for meeting the
purpose of the SIP, in this case maintaining compliance with the NAAQS
in the nonattainment or maintenance area. EPA's conformity rule (40 CFR
part 51, subpart T and part 93, subpart A) requires that transportation
plans, programs and projects in nonattainment or maintenance areas
conform to the SIP. The motor vehicle emissions budget is one mechanism
EPA has identified for demonstrating conformity. Upon the effective
date of this SIP approval, all future transportation improvement
programs and long range transportation plans for the El Paso area will
have to show conformity to the budgets in this plan; previous budgets
approved or found adequate will no longer be applicable.

                 Table 2--El Paso CO MVEB for 2020 (tpd)
------------------------------------------------------------------------
                          Year                                 MVEB
------------------------------------------------------------------------
2020....................................................           29.66
------------------------------------------------------------------------

    Our analysis indicates that the above figures are consistent with
maintenance of the CO NAAQS throughout the maintenance period. In
accordance with EPA's adequacy process, these MVEBs were posted on
EPA's adequacy Web site for public notice on March 19, 2008 and were
open for comment until April 18, 2008. No comments were received during
this period. Therefore, we are finding as adequate and approving the
29.66 tpd for 2020 and beyond, CO emissions budget for the El Paso
area. Budget modeling was developed for TCEQ under contract by the
Texas Transportation Institute (TTI), utilizing El Paso travel model
datasets developed by the El Paso Metropolitan Planning Organization.
The modeling incorporated three onroad source control strategies that
apply in the El Paso area: The FMVCP, the El Paso Oxygenated Fuel
Program, and the I/M program (both detailed in Chapter 5, Section 5.4.2
of the maintenance plan).

IV. Consideration of Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. As stated above, the El Paso area has shown continuous
attainment of the CO NAAQS since 1999 and has met the applicable
Federal requirements for redesignation to attainment. The maintenance
plan will not interfere with attainment or any other applicable
requirement of the CAA. No control measures in the El Paso SIP are
being removed.

V. Final Action

    EPA is approving the redesignation of the El Paso area to
attainment of the 8-hour CO NAAQS, as well as approving the El Paso
area CO maintenance plan. We also are approving the associated MVEBs.
    We have evaluated the State's submittal and have determined that it
meets the applicable requirements of the Clean Air Act and EPA
regulations, and is consistent with EPA policy.
    EPA is publishing this rule without prior proposal because we view
this as a non-controversial amendment and anticipate no adverse
comments. However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposed rule to approve the SIP revision 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 adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. We would address all public comments in a
subsequent final rule based on the proposed rule. Please note that if
we receive adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, we may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this Action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);

     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
action and other required information to the U.S. Senate, the U.S.
House of Representatives, and the Comptroller General of the United
States prior to publication of the rule in the Federal Register. A
major rule cannot take effect until 60 days after it is published in
the Federal Register. This action is not a ``major rule'' as defined by
5 U.S.C. 804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by October 3, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations.

40 CFR Part 81

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

    Dated: July 18, 2008.
Richard E. Greene,
Regional Administrator, Region 6.

0
40 CFR parts 52 and 81 are amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart SS--Texas

0
2. In Sec.  52.2270, the second table in paragraph (e) entitled ``EPA
Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the
Texas SIP'' is amended by adding an entry at the end of the table to
read as follows:
    (e) * * *

              EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the Texas SIP
----------------------------------------------------------------------------------------------------------------
                                     Applicable           State
     Name of SIP  provision         geographic or      submittal/     EPA approval date          Comments
                                 nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
 El Paso County Carbon Monoxide   El Paso, TX......         2/13/08   8/04/08..........
 Maintenance Plan.                                                   [Insert FR page
                                                                      number where
                                                                      document begins].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

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

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

0
4. Section 81.344 is amended by revising the Carbon Monoxide table
entry for El Paso County to read as follows:

Sec.  81.344  Texas.

* * * * *

                                             Texas--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                           Designation                        Category/classification
        Designated area        ---------------------------------------------------------------------------------
                                    Date\1\            Type                Date\1\                  Type
----------------------------------------------------------------------------------------------------------------
 El Paso El Paso County.......         8/04/08   Attainment......

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. E8-17700 Filed 8-1-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 219 (Wednesday, November 13, 2013)]
[Notices]
[Pages 68057-68058]
[FR Doc No: 2013-27141]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9902-78-OA]

Notification of a Public Meeting of the Chartered Science
Advisory Board

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) Science Advisory
Board (SAB) Staff Office announces a public meeting of the chartered
SAB to: (1) Receive a briefing on ORD's research program; (2) conduct a
quality review of a draft SAB report on recommendations for the
Scientific and Technological Achievement Awards; (3) receive briefings
on EPA climate science and research; and (4) discuss information
provided by the EPA on actions in the semi-annual regulatory agenda and
their supporting science.

DATES: The public meeting will be held on Wednesday December 4, 2013
from 10:30 a.m. to 5:00 p.m. and Thursday December 5, 2013 from 8:00
a.m. to 1:00 p.m.

ADDRESSES: The meeting will be held at the Washington Plaza Hotel, 10
Thomas Circle NW., Washington, DC 20005.

FOR FURTHER INFORMATION CONTACT: Any member of the public who wants
further information concerning the meeting may contact Dr. Angela
Nugent, Designated Federal Officer (DFO), EPA Science Advisory Board
(1400R), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue
NW., Washington, DC 20460; via telephone/voice mail<PHONE_NUMBER>, fax
(202) 565-2098; or email at<EMAIL_ADDRESS>General information
concerning the SAB can be found on the EPA Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:

Background

    The SAB was established pursuant to the Environmental Research,
Development, and Demonstration Authorization Act (ERDDAA), codified at
42 U.S.C. 4365, to provide independent scientific and technical advice
to the Administrator on the scientific and technical basis for Agency
positions and regulations. The SAB is a Federal Advisory Committee
chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C.,
App. 2. The SAB will comply with the provisions of FACA and all
appropriate SAB Staff Office procedural policies. Pursuant to FACA and
EPA policy, notice is hereby given that the SAB will hold a public
meeting to discuss and deliberate on the topics below.

Briefing on ORD Research Program

    The SAB and ORD's Board of Scientific Councilors (BOSC) provided a
joint report to the Administrator in September 2012 entitled
Implementation of ORD Strategic Research Plans: A Joint Report of the
Science Advisory Board and ORD Board of Scientific Counselors (EPA-SAB-
12-012). ORD will provide a briefing to update SAB members on recent
ORD research efforts and plans to request advice from the SAB in 2014
on ORD's

implementation of its strategic research plans.

Quality Review of a Draft SAB Report on Recommendations for the
Scientific and Technological Achievement Awards

    The EPA has established Science and Technological Achievement
Awards (STAA) to honor and recognize EPA employees who have made
outstanding contributions in the advancement of science and technology
through their research and development activities, as exhibited in
publication of their results in peer-reviewed journals. In response to
a request from EPA's Office of Research and Development an SAB panel
developed a draft report that makes recommendations concerning
nominations to the Agency's FY 2013 STAA competition. Background
information about this advisory activity can be found on the SAB Web
site at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/2013%20STAA%20Review?OpenDocument.
    At the December 4-5, 2013, meeting, the chartered SAB will conduct
a quality review of the panel's draft report before it is transmitted
to the EPA Administrator. The SAB quality review process ensures that
all draft reports developed by SAB panels, committees or workgroups are
reviewed and approved by the Chartered SAB before being finalized and
transmitted to the EPA Administrator. These reviews are conducted in a
public meeting as required by FACA.

Briefings on EPA Climate Science and Research

    The chartered SAB has requested an informational briefing from the
EPA to inform the SAB about EPA's Climate Action Plan and how the
agency plans to support its regulations, programs, and policies with
needed science. The SAB has requested this briefing so that the Board
can: Better understand upcoming EPA climate-related actions; so that it
can be prepared to provide future advice regarding agency climate
science and research.

Discussion of Information Provided in the Agency's Semiannual
Regulatory Agenda

    As part of the EPA's effort to routinely inform the SAB about
proposed and planned agency actions that have a scientific or technical
basis, the agency provided notice to the SAB that the Office of
Management and Budget published the ``Unified (Regulatory) Agenda'' on
the Web on July 3, 2013 (http://www.reginfo.gov/public/do/eAgendaMain).
During the December 3-4, 2013 meeting, the SAB will discuss whether it
should provide advice and comment on the adequacy of the scientific and
technical basis for EPA actions included in the Agenda. This discussion
will replace SAB teleconferences originally announced for October 25,
2013 and October 30, 2013 (78 FR 59678) and subsequently cancelled as a
result of the federal government shut down.
    Availability of Meeting Materials: A meeting agenda and other
materials for the meeting will be placed on the SAB Web site at http://epa.gov/sab.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office.
    Federal advisory committees and panels, including scientific
advisory committees, provide independent advice to the EPA. Members of
the public can submit relevant comments pertaining to the EPA's charge,
meeting materials, or the group providing advice. Input from the public
to the SAB will have the most impact if it provides specific scientific
or technical information or analysis for the SAB to consider or if it
relates to the clarity or accuracy of the technical information.
Members of the public wishing to provide comment should contact the DFO
directly.
    Oral Statements: In general, individuals or groups requesting an
oral presentation at a public meeting will be limited to five minutes.
Persons interested in providing oral statements at the December 4-5,
2013, meeting should contact Dr. Angela Nugent, DFO, in writing
(preferably via email) at the contact information noted above by
November 29, 2013.
    Written Statements: Written statements for the December 4-5, 2013,
meeting should be received in the SAB Staff Office by November 29,
2013, so that the information may be made available to the SAB for its
consideration prior to this meeting. Written statements should be
supplied to the DFO in the following formats: either an electronic copy
(preferred) via email (acceptable file format: Adobe Acrobat PDF, MS
Word, WordPerfect, MS PowerPoint, or Rich Text files in IBM-PC/Windows
98/2000/XP format) or in hard copy with original signature. Submitters
are asked to provide electronic versions of each document submitted
with and without signatures, because the SAB Staff Office does not
publish documents with signatures on its Web sites. Members of the
public should be aware that their personal contact information, if
included in any written comments, may be posted to the SAB Web site.
Copyrighted material will not be posted without explicit permission of
the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Nugent at the phone
number or email address noted above, preferably at least ten days prior
to the meeting, to give the EPA as much time as possible to process
your request.

    Dated: November 4, 2013.
Thomas H. Brennan,
Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2013-27141 Filed 11-12-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 32 (Friday, February 15, 2019)]
[Notices]
[Pages 4504-4505]
[FR Doc No: 2019-02463]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2018-0879]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number: 1625-0088

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, to the Office of Management and Budget (OMB), Office
of Information and Regulatory Affairs (OIRA), requesting an extension
of its approval for the following collection of information: 1625-0088,
Voyage

Planning for Tank Barge Transits in the Northeast United States. Our
ICR describes the information we seek to collect from the public.
Review and comments by OIRA ensure we only impose paperwork burdens
commensurate with our performance of duties.

DATES: Comments must reach the Coast Guard and OIRA on or before March
18, 2019.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2018-0879] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. Alternatively, you
may submit comments to OIRA using one of the following means:
    (1) Email<EMAIL_ADDRESS>    (2) Mail: OIRA, 725 17th Street NW, Washington, DC 20503, attention
Desk Officer for the Coast Guard.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: COMMANDANT (CG-612), ATTN: PAPERWORK REDUCTION ACT MANAGER, U.S.
COAST GUARD, 2703 MARTIN LUTHER KING JR AVE SE, STOP 7710, WASHINGTON,
DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: Contact Mr. Anthony Smith, Office of
Information Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>,
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to
OIRA seeking the approval, extension, or renewal of a Coast Guard
collection of information (Collection). The ICR contains information
describing the Collection's purpose, the Collection's likely burden on
the affected public, an explanation of the necessity of the Collection,
and other important information describing the Collection. There is one
ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) The practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2018-0879], and must be received by March 18,
2019.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice
of Action on each ICR will become available via a hyperlink in the OMB
Control Number: 1625-0088.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (83 FR 54606, October 30, 2018)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collections.
    Information Collection Request
    Title: Voyage Planning for Tank Barge Transits in the Northeast
United States.
    OMB Control Number: 1625-0088.
    Summary: The information collection requirement for a voyage plan
serves as a preventive measure and assists in ensuring the successful
execution and completion of a voyage in the First Coast Guard District.
This rule (33 CFR 165.100) applies to primary towing vessels engaged in
towing tank barges carrying petroleum oil in bulk as cargo.
    Need: Section 311 of the Coast Guard Authorization Act of 1998,
Public Law 105-383, 46 U.S.C. 70034, and 46 U.S.C. 3719 authorize the
Coast Guard to promulgate regulations for towing vessel and barge
safety for the waters of the Northeast subject to the jurisdiction of
the First Coast Guard District. This regulation is contained in 33 CFR
165.100. The information for a voyage plan will provide a mechanism for
assisting vessels towing tank barges to identify those specific risks,
potential equipment failures, or human errors that may lead to
accidents.
    Forms: None.
    Respondents: Owners and operators of towing vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has increased from 880
hours to 937 hours a year due to an increase in the estimated annual
number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended.

    Dated: February 7, 2019.
James D. Roppel,
U.S. Coast Guard, Chief, Office of Information Management.
[FR Doc. 2019-02463 Filed 2-14-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Rules and Regulations]
[Pages 45604-45606]
[FR Doc No: 2015-18601]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31026; Amdt. No. 3651]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule establishes, amends, suspends, or removes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures (ODPs) for operations at certain
airports. These regulatory actions are needed because of the adoption
of new or revised criteria, or because of changes occurring in the
National Airspace System,such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective July 31, 2015. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of July 31, 2015.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001.

    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center at nfdc.faa.gov to
register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or removes SIAPS, Takeoff Minimums and/or ODPS.
The complete regulatory description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs,their complex
nature, and the need for a special format make publication in the
Federal Register expensive and impractical. Further, airmen do not use
the regulatory text of the SIAPs, Takeoff Minimums or ODPs, but instead
refer to their graphic depiction on charts printed by publishers of
aeronautical materials. Thus, the advantages of incorporation by
reference are realized and publication of the complete description of
each SIAP, Takeoff Minimums and ODP listed on FAA form documents is
unnecessary. This amendment provides the affected CFR sections and
specifies the types of SIAPs, Takeoff Minimums and ODPs with their
applicable effective dates. This amendment also identifies the airport
and its location, the procedure, and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPS, Takeoff
Minimums and/or ODPS as identified in the amendatory language for part
97 of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as Amended in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts.
    The circumstances that created the need for some SIAP and Takeoff
Minimums and ODP amendments may require making them effective in less
than 30 days. For the remaining SIAPs and Takeoff Minimums and ODPs, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPs contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedure under 5 U.S.C. 553(b) are impracticable and contrary
to the public interest and, where applicable, under 5 U.S.C 553(d),
good cause exists for making some SIAPs effective in less than 30 days.
    The FAA has determined that this 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. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on July 2, 2015.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or removing Standard Instrument
Approach Procedures and/or Takeoff Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 20 AUGUST 2015

Bentonville, AR, Bentonville Muni/Louise M Thaden Field, VOR-A, Amdt
13A
San Jose, CA, Norman Y Mineta San Jose Intl, RNAV (RNP) Z RWY 12L,
Amdt 2
San Jose, CA, Norman Y Mineta San Jose Intl, RNAV (RNP) Z RWY 12R,
Amdt 3
Washington, DC, Ronald Reagan Washington National, Takeoff Minimums
and Obstacle DP, Amdt 8
Casey, IL, Casey Muni, NDB RWY 4, Amdt 8, CANCELED
Casey, IL, Casey Muni, NDB RWY 22, Amdt 5, CANCELED
Great Bend, KS, Great Bend Muni, NDB-A, Amdt 5A, CANCELED
Ashland, KY, Ashland Rgnl, RNAV (GPS) RWY 10, Amdt 1B
Ashland, KY, Ashland Rgnl, RNAV (GPS) RWY 28, Amdt 1B
Somerset, KY, Lake Cumberland Rgnl, RNAV (GPS) RWY 23, Amdt 1A
Great Barrington, MA, Walter J Koladza, RNAV (GPS) RWY 11, Orig-B
Aitkin, MN, Aitkin Muni-Steve Kurtz Field, Takeoff Minimums and
Obstacle DP, Amdt 4
Cando, ND, Cando Muni, RNAV (GPS) RWY 16, Orig
Cando, ND, Cando Muni, RNAV (GPS) RWY 34, Orig

Cando, ND, Cando Muni, Takeoff Minimums and Obstacle DP, Orig
Blairstown, NJ, Blairstown, RNAV (GPS) RWY 7, Orig-A
Blairstown, NJ, Blairstown, RNAV (GPS) RWY 25, Amdt 2A
Las Vegas, NV, Mc Carran Intl, ILS OR LOC RWY 25L, Amdt 5
Las Vegas, NV, Mc Carran Intl, ILS OR LOC RWY 25R, Amdt 18
Alva, OK, Alva Rgnl, RNAV (GPS) RWY 18, Orig
Alva, OK, Alva Rgnl, RNAV (GPS) RWY 35, Orig, CANCELED
Alva, OK, Alva Rgnl, RNAV (GPS) RWY 36, Orig
Alva, OK, Alva Rgnl, Takeoff Minimums and Obstacle DP, Amdt 2
Wagoner, OK, Hefner-Easley, RNAV (GPS) RWY 36, Amdt 1A
Redmond, OR, Roberts Field, ILS OR LOC RWY 23, Amdt 5
Redmond, OR, Roberts Field, RNAV (GPS) RWY 11, Amdt 2
Redmond, OR, Roberts Field, RNAV (GPS) Y RWY 5, Amdt 2
Redmond, OR, Roberts Field, RNAV (GPS) Y RWY 23, Amdt 1
Redmond, OR, Roberts Field, RNAV (RNP) Z RWY 5, Amdt 2
Redmond, OR, Roberts Field, RNAV (RNP) Z RWY 23, Amdt 2
Redmond, OR, Roberts Field, Takeoff Minimums and Obstacle DP, Amdt 6
Redmond, OR, Roberts Field, VOR/DME RWY 23, Amdt 4
West Chester, PA, Brandywine, RNAV (GPS) RWY 9, Amdt 1
West Chester, PA, Brandywine, RNAV (GPS) RWY 27, Amdt 1
West Chester, PA, Brandywine, Takeoff Minimums and Obstacle DP, Amdt
1
West Chester, PA, Brandywine, VOR-A, Amdt 4
Sonora, TX, Sonora Muni, Takeoff Minimums and Obstacle DP, Amdt 2
Stratford, TX, Stratford Field, VOR/DME OR GPS-A, Amdt 4, CANCELED
Richfield, UT, Richfield Muni, HAMET RNAV OBSTACLE THREE, GRAPHIC DP
Richfield, UT, Richfield Muni, RICHFIELD RNAV OBSTACLE TWO, GRAPHIC
DP
Moneta, VA, Smith Mountain Lake, RNAV (GPS) RWY 23, Orig-B
Norfolk, VA, Norfolk Intl, RNAV (GPS) RWY 14, Orig-D
Norfolk, VA, Norfolk Intl, RNAV (GPS) RWY 32, Orig-D
Chetik, WI, Chetek Muni-Southworth, VOR/DME-A, Orig-B, CANCELED
Cumberland, WI, Cumberland Muni, VOR/DME-A, Orig-A, CANCELED

[FR Doc. 2015-18601 Filed 7-30-15; 8:45 am]
 BILLING CODE 4910-13-P