80_FR_46642 80 FR 46492 - Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Little River to Savannah River

80 FR 46492 - Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, Little River to Savannah River

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46492-46494
FR Document2015-19112

The Coast Guard is issuing a temporary deviation from the operating schedule that governs the Lady's Island Bridge, across the Beaufort River, Mile 536.0 at Beaufort, SC. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed to reduce vehicular traffic concerns in surrounding communities. This deviation will allow Lady's Island Bridge to close for extended hours during peak morning and afternoon commute hours. The bridge owner, South Carolina Department of Transportation, requested this action to assist in reducing traffic caused by bridge openings.

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Rules and Regulations]
[Pages 46492-46494]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19112]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-0343]


Drawbridge Operation Regulations; Atlantic Intracoastal Waterway, 
Little River to Savannah River

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations; request for 
comments.

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

SUMMARY: The Coast Guard is issuing a temporary deviation from the 
operating schedule that governs the Lady's Island Bridge, across the 
Beaufort River, Mile 536.0 at Beaufort, SC. This deviation will test a 
change to the drawbridge operation schedule to determine whether a 
permanent change to the schedule is needed to reduce vehicular traffic 
concerns in surrounding communities. This deviation will allow Lady's 
Island Bridge to close for extended hours during peak morning and 
afternoon commute hours. The bridge owner, South Carolina Department of 
Transportation, requested this action to assist in reducing traffic 
caused by bridge openings.

DATES: This deviation is effective from 8 a.m. on August 5, 2015 until 
6 p.m. on November 3, 2015.
    Comments and related material must be received by the Coast Guard 
on or

[[Page 46493]]

before September 4, 2015. Requests for public meetings must be received 
by the Coast Guard on or before September 4, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0343 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary deviation, call or email Rod Elkins at telephone 305-415-
6989, email [email protected]. If you have questions on viewing 
or submitting material to the docket, call Cheryl Collins, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (USCG-2015-0343), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online (http://www.regulations.gov), or by fax, mail or hand delivery, 
but please use only one of these means. If you submit a comment online 
via http://www.regulations.gov, it will be considered received by the 
Coast Guard when you successfully transmit the comment. If you fax, 
hand deliver, or mail your comment, it will be considered as having 
been received by the Coast Guard when it is received at the Docket 
Management Facility. We recommend that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so that we can contact you if we have questions regarding 
your submission.
    To submit your comment online, type the docket number [USCG-2015-
0343] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a 
Comment'' on the line associated with this rulemaking. If you submit 
your comments by mail or hand delivery, submit them in an unbound 
format, no larger than 8\1/2\ by 11 inches, suitable for copying and 
electronic filing. If you submit them by mail and would like to know 
that they reached the Facility, please enclose a stamped, self-
addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0343) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    As of now, we do not plan to hold a public meeting. You may submit 
a request for one using one of the three methods specified under 
ADDRESSES. Please explain why one would be beneficial. If we determine 
that one would aid this rulemaking, we will hold one at a time and 
place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Ladys Island in Beaufort, South Carolina has a vertical 
clearance of 30 feet at mean high water in the closed position. The 
normal operating schedule is published in 33 CFR 117.911(f). As 
currently implemented, the draw shall operate as follows:
    (1) On Monday through Friday, except Federal holidays:
    (i) From 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m., the draw need not 
open; and,
    (ii) Between 9 a.m. to 4 p.m., the draw need open only on the hour 
and half-hour.
    (2) At all other times the draw shall open on signal.
    This schedule has been in effect since Dec. 16, 1985.
    For the following reasons the Coast Guard is testing a new schedule 
for the Lady's Island Bridge:
    The City of Beaufort, South Carolina and South Carolina Department 
of Transportation have requested that the U.S. Coast Guard change the 
regulation of this bridge as it has negatively impacted the City of 
Beaufort and surrounding communities. According to both the City of 
Beaufort and the South Carolina Department of Transportation, vehicle 
traffic in downtown Beaufort has increased substantially over the last 
few years and city officials are anticipating additional growth in this 
area which will produce additional vehicle traffic. As the Lady's 
Island Bridge is located just west of the city, each time it opens 
vehicle traffic is at a standstill and at times takes longer than a \1/
2\ hour to clear; thereby, making some vehicles wait for two bridge 
openings. This temporary deviation is intended to test a new bridge 
operation schedule to reduce traffic caused by bridge openings. The 
bridge owner, South Carolina Department of Transportation, has reviewed 
the City of Beaufort's request to change the operating schedule and has 
asked the Coast Guard to pursue recommended changes. In the event the 
test proves successful, the Coast Guard will issue a further rule 
making this change permanent.
    This deviation will allow the Lady's Island Bridge in Beaufort, 
South Carolina to remain closed to navigation from 6:30 a.m. to 9 a.m. 
and from 3 p.m. to 6 p.m. Between 9 a.m. and 3 p.m. the bridge will 
open on the top of the hour. At all other times the bridge will open on 
demand.
    Any vessel that can safely transit under the Lady's Island Bridge 
while closed may continue to navigate under the bridge during this 
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular

[[Page 46494]]

operating schedule immediately at the end of this temporary deviation's 
effective period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: July 24, 2015.
 Barry Dragon,
Bridge Administrator, U.S. Coast Guard, Seventh Coast Guard District.
[FR Doc. 2015-19112 Filed 8-4-15; 8:45 am]
 BILLING CODE 9110-04-P



                                           46492            Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations

                                              The Maine State Plan provides that                   have no effect on private sector                      pursuant to Section 553(d) of the
                                           the Bureau will continue to provide and                 employment, but is limited to the state               Administrative Procedures Act, that
                                           conduct educational programs for                        and its political subdivisions. Moreover,             good cause exists for making federal
                                           public employees specifically designed                  Title 26, Labor and Industry, of the                  approval of the Maine State and Local
                                           to meet the regulatory requirements and                 Maine Revised Statutes was enacted in                 Government Only State Plan effective
                                           needs of the public employer. The Plan                  1971. This legislation established the                upon publication in today’s Federal
                                           also provides that consultations,                       Board, whose purpose is to formulate                  Register.
                                           including site visits, compliance                       rules that shall, at a minimum, conform
                                                                                                                                                         Authority and Signature
                                           assistance and training classes, are                    with federal standards of occupational
                                           individualized for each work site and                   safety and health, so the state program                  David Michaels, Ph.D., MPH,
                                           tailored to the public employer’s                       could eventually be approved as a State               Assistant Secretary of Labor for
                                           concerns. In addition, public agencies                  and Local Government Only State Plan.                 Occupational Safety and Health, U.S.
                                           are encouraged to develop and maintain                  Since 1971 the Maine program for                      Department of Labor, 200 Constitution
                                           their own safety and health programs as                 public employers has been in operation                Ave. NW., Washington, DC, authorized
                                           an adjunct to but not a substitute for the              under the Maine Department of Labor                   the preparation of this notice. OSHA is
                                           Bureau enforcement program (Maine                       with state funding and all state and                  issuing this notice under the authority
                                           State Plan p. 9).                                       local government employers in the state               specified by Section 18 of the
                                              The Bureau currently has a public                    have been subject to its terms.                       Occupational Safety and Health Act of
                                           sector on-site consultation program.                    Compliance with state OSHA standards                  1970 (29 U.S.C. 667), Secretary of
                                           Maine will provide an outline of                        is required by state law; federal                     Labor’s Order No. 1–2012 (77 FR 3912),
                                           procedures for this program to ensure                   approval of a State Plan imposes                      and 29 CFR parts 1902 and 1956.
                                           equivalency with the regulations                        regulatory requirements only on the                     Signed in Washington, DC, on July 28,
                                           regarding consultation in 29 CFR 1908,                  agency responsible for administering the              2015.
                                           or a timeline for their development by                  State Plan. Accordingly, no new                       David Michaels,
                                           November 2016 (Maine State Plan p.                      obligations would be placed on public                 Assistant Secretary of Labor for Occupational
                                           13).                                                    sector employers as a result of federal               Safety and Health.
                                              OSHA finds that the Maine State Plan                 approval of the Plan.                                 [FR Doc. 2015–18942 Filed 8–4–15; 8:45 am]
                                           provides for the establishment and
                                                                                                   G. Federalism                                         BILLING CODE 4510–26–P
                                           administration of an effective voluntary
                                           compliance program.                                        Executive Order 13132, ‘‘Federalism,’’
                                                                                                   emphasizes consultation between
                                           E. Decision                                             federal agencies and the states and                   DEPARTMENT OF HOMELAND
                                                                                                   establishes specific review procedures                SECURITY
                                              OSHA, after carefully reviewing the
                                           Maine State Plan for the development                    the federal government must follow as                 Coast Guard
                                           and enforcement of state standards                      it carries out policies that affect state or
                                           applicable to state and local government                local governments. OSHA has consulted                 33 CFR Part 117
                                           employers and the record developed                      extensively with Maine throughout the
                                           during the above described proceedings,                 development, submission and                           [Docket No. USCG–2015–0343]
                                           has determined that the requirements                    consideration of its proposed State Plan.
                                                                                                   Although OSHA has determined that                     Drawbridge Operation Regulations;
                                           and criteria for initial approval of a
                                                                                                   the requirements and consultation                     Atlantic Intracoastal Waterway, Little
                                           developmental State Plan have been
                                                                                                   procedures provided in Executive Order                River to Savannah River
                                           met. The Plan is hereby approved as a
                                           developmental State Plan for State and                  13132 are not applicable to initial                   AGENCY: Coast Guard, DHS.
                                           Local Government Only under Section                     approval decisions under the OSH Act,                 ACTION: Notice of temporary deviation
                                           18 of the OSH Act.                                      which have no effect outside the                      from regulations; request for comments.
                                              In light of the pending reorganization               particular state receiving the approval,
                                           of the State Plan regulations through the               OSHA has reviewed today’s Maine                       SUMMARY:    The Coast Guard is issuing a
                                           streamlining of 29 CFR part 1952 and 29                 initial approval decision, and believes it            temporary deviation from the operating
                                           CFR part 1956, OSHA is deferring any                    is consistent with the principles and                 schedule that governs the Lady’s Island
                                           change to those regulatory provisions                   criteria set forth in the Executive Order.            Bridge, across the Beaufort River, Mile
                                           relating to the Maine State Plan until the                                                                    536.0 at Beaufort, SC. This deviation
                                                                                                   H. Effective Date                                     will test a change to the drawbridge
                                           streamlining changes take effect. The
                                           change to the regulatory text will be                      OSHA’s decision granting initial                   operation schedule to determine
                                           accomplished through a separate                         federal approval to the Maine State and               whether a permanent change to the
                                           Federal Register Notice.                                Local Government Only State Plan is                   schedule is needed to reduce vehicular
                                              The initial approval of a State Plan for             effective August 5, 2015. Although the                traffic concerns in surrounding
                                           State and Local Government Only in                      state has had a program in effect for                 communities. This deviation will allow
                                           Maine is not a significant regulatory                   many years, modification of the program               Lady’s Island Bridge to close for
                                           action as defined in Executive Order                    will be required over the next three                  extended hours during peak morning
                                           12866.                                                  years by today’s decision. Federal 50%                and afternoon commute hours. The
                                                                                                   matching funds have been explicitly                   bridge owner, South Carolina
                                           F. Regulatory Flexibility Act                           provided in OSHA’s FY 2015 final                      Department of Transportation, requested
                                             OSHA certifies pursuant to the                        appropriation. Notice of proposed initial             this action to assist in reducing traffic
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                                           Regulatory Flexibility Act of 1980 (5                   approval of the Plan was published in                 caused by bridge openings.
                                           U.S.C. 601 et seq.) that the initial                    the Federal Register with request for                 DATES: This deviation is effective from
                                           approval of the Maine State Plan will                   comment. No comments were received,                   8 a.m. on August 5, 2015 until 6 p.m.
                                           not have a significant economic impact                  and OSHA believes that no party is                    on November 3, 2015.
                                           on a substantial number of small                        adversely affected by initial approval of                Comments and related material must
                                           entities. By its own terms, the Plan will               the Plan. OSHA therefore finds,                       be received by the Coast Guard on or


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                                                            Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations                                        46493

                                           before September 4, 2015. Requests for                  considered as having been received by                 B. Basis and Purpose
                                           public meetings must be received by the                 the Coast Guard when it is received at                   The Ladys Island in Beaufort, South
                                           Coast Guard on or before September 4,                   the Docket Management Facility. We                    Carolina has a vertical clearance of 30
                                           2015.                                                   recommend that you include your name                  feet at mean high water in the closed
                                           ADDRESSES: You may submit comments                      and a mailing address, an email address,              position. The normal operating schedule
                                           identified by docket number USCG–                       or a phone number in the body of your                 is published in 33 CFR 117.911(f). As
                                           2015–0343 using any one of the                          document so that we can contact you if                currently implemented, the draw shall
                                           following methods:                                      we have questions regarding your                      operate as follows:
                                              (1) Federal eRulemaking Portal:                      submission.                                              (1) On Monday through Friday, except
                                           http://www.regulations.gov.                                To submit your comment online, type                Federal holidays:
                                              (2) Fax: 202–493–2251.                               the docket number [USCG–2015–0343]                       (i) From 7 a.m. to 9 a.m. and 4 p.m.
                                              (3) Mail or Delivery: Docket                         in the ‘‘SEARCH’’ box and click                       to 6 p.m., the draw need not open; and,
                                           Management Facility (M–30), U.S.                        ‘‘SEARCH.’’ Click on ‘‘Submit a                          (ii) Between 9 a.m. to 4 p.m., the draw
                                           Department of Transportation, West                      Comment’’ on the line associated with                 need open only on the hour and half-
                                           Building Ground Floor, Room W12–140,                    this rulemaking. If you submit your                   hour.
                                           1200 New Jersey Avenue SE.,                             comments by mail or hand delivery,                       (2) At all other times the draw shall
                                           Washington, DC 20590–0001. Deliveries                   submit them in an unbound format, no                  open on signal.
                                           accepted between 9 a.m. and 5 p.m.,                     larger than 81⁄2 by 11 inches, suitable for              This schedule has been in effect since
                                           Monday through Friday, except federal                   copying and electronic filing. If you                 Dec. 16, 1985.
                                           holidays. The telephone number is 202–                  submit them by mail and would like to                    For the following reasons the Coast
                                           366–9329.                                               know that they reached the Facility,                  Guard is testing a new schedule for the
                                              See the ‘‘Public Participation and                   please enclose a stamped, self-addressed              Lady’s Island Bridge:
                                           Request for Comments’’ portion of the                   postcard or envelope. We will consider                   The City of Beaufort, South Carolina
                                           SUPPLEMENTARY INFORMATION section                       all comments and material received                    and South Carolina Department of
                                           below for instructions on submitting                    during the comment period and may                     Transportation have requested that the
                                           comments. To avoid duplication, please                  change the rule based on your                         U.S. Coast Guard change the regulation
                                           use only one of these three methods.                    comments.                                             of this bridge as it has negatively
                                           FOR FURTHER INFORMATION CONTACT: If                     2. Viewing Comments and Documents                     impacted the City of Beaufort and
                                           you have questions on this temporary                                                                          surrounding communities. According to
                                           deviation, call or email Rod Elkins at                     To view comments, as well as                       both the City of Beaufort and the South
                                           telephone 305–415–6989, email                           documents mentioned in this preamble                  Carolina Department of Transportation,
                                           Rodney.j.elkins@uscg.mil. If you have                   as being available in the docket, go to               vehicle traffic in downtown Beaufort
                                           questions on viewing or submitting                      http://www.regulations.gov, type the                  has increased substantially over the last
                                           material to the docket, call Cheryl                     docket number (USCG–2015–0343) in                     few years and city officials are
                                           Collins, Program Manager, Docket                        the ‘‘SEARCH’’ box and click                          anticipating additional growth in this
                                           Operations, telephone 202–366–9826.                     ‘‘SEARCH.’’ Click on Open Docket                      area which will produce additional
                                           SUPPLEMENTARY INFORMATION:                              Folder on the line associated with this               vehicle traffic. As the Lady’s Island
                                                                                                   rulemaking. You may also visit the                    Bridge is located just west of the city,
                                           A. Public Participation and Request for                 Docket Management Facility in Room                    each time it opens vehicle traffic is at a
                                           Comments                                                W12–140 on the ground floor of the                    standstill and at times takes longer than
                                             We encourage you to participate in                    Department of Transportation West                     a 1⁄2 hour to clear; thereby, making some
                                           this rulemaking by submitting                           Building, 1200 New Jersey Avenue SE.,                 vehicles wait for two bridge openings.
                                           comments and related materials. All                     Washington, DC 20590, between 9 a.m.                  This temporary deviation is intended to
                                           comments received will be posted,                       and 5 p.m., Monday through Friday,                    test a new bridge operation schedule to
                                           without change, to http://                              except Federal holidays.                              reduce traffic caused by bridge
                                           www.regulations.gov and will include                    3. Privacy Act                                        openings. The bridge owner, South
                                           any personal information you have                                                                             Carolina Department of Transportation,
                                           provided.                                                 Anyone can search the electronic                    has reviewed the City of Beaufort’s
                                                                                                   form of comments received into any of                 request to change the operating
                                           1. Submitting Comments                                  our dockets by the name of the                        schedule and has asked the Coast Guard
                                             If you submit a comment, please                       individual submitting the comment (or                 to pursue recommended changes. In the
                                           include the docket number for this                      signing the comment, if submitted on                  event the test proves successful, the
                                           rulemaking (USCG–2015–0343),                            behalf of an association, business, labor             Coast Guard will issue a further rule
                                           indicate the specific section of this                   union, etc.). You may review a Privacy                making this change permanent.
                                           document to which each comment                          Act notice regarding our public dockets                  This deviation will allow the Lady’s
                                           applies, and provide a reason for each                  in the January 17, 2008, issue of the                 Island Bridge in Beaufort, South
                                           suggestion or recommendation. You                       Federal Register (73 FR 3316).                        Carolina to remain closed to navigation
                                           may submit your comments and                                                                                  from 6:30 a.m. to 9 a.m. and from 3 p.m.
                                                                                                   4. Public Meeting
                                           material online (http://                                                                                      to 6 p.m. Between 9 a.m. and 3 p.m. the
                                           www.regulations.gov), or by fax, mail or                   As of now, we do not plan to hold a                bridge will open on the top of the hour.
                                           hand delivery, but please use only one                  public meeting. You may submit a                      At all other times the bridge will open
                                           of these means. If you submit a                         request for one using one of the three                on demand.
Lhorne on DSK7TPTVN1PROD with RULES




                                           comment online via http://                              methods specified under ADDRESSES.                       Any vessel that can safely transit
                                           www.regulations.gov, it will be                         Please explain why one would be                       under the Lady’s Island Bridge while
                                           considered received by the Coast Guard                  beneficial. If we determine that one                  closed may continue to navigate under
                                           when you successfully transmit the                      would aid this rulemaking, we will hold               the bridge during this deviation.
                                           comment. If you fax, hand deliver, or                   one at a time and place announced by                     In accordance with 33 CFR 117.35(e),
                                           mail your comment, it will be                           a later notice in the Federal Register.               the drawbridge must return to its regular


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                                           46494            Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Rules and Regulations

                                           operating schedule immediately at the                   information (CBI) or other information                 approval of Pennsylvania’s submissions
                                           end of this temporary deviation’s                       whose disclosure is restricted by statute.             addressing the following infrastructure
                                           effective period. This deviation from the               Certain other material, such as                        elements: Section 110(a)(2)(A), (B), (C),
                                           operating regulations is authorized                     copyrighted material, is not placed on                 (D)(i)(II) (prevention of significant
                                           under 33 CFR 117.35.                                    the Internet and will be publicly                      deterioration), (D)(ii), (E), (F), (G), (H),
                                             Dated: July 24, 2015.                                 available only in hard copy form.                      (J), (K), (L), and (M).
                                                                                                   Publicly available docket materials are                   Pennsylvania’s July 15, 2014
                                           Barry Dragon,
                                                                                                   available either electronically through                infrastructure SIP submittals for the
                                           Bridge Administrator, U.S. Coast Guard,                                                                        2008 ozone NAAQS and the 2010 SO2
                                           Seventh Coast Guard District.
                                                                                                   www.regulations.gov or in hard copy for
                                                                                                   public inspection during normal                        NAAQS did not contain any provisions
                                           [FR Doc. 2015–19112 Filed 8–4–15; 8:45 am]                                                                     addressing section 110(a)(2)(I) which
                                                                                                   business hours at the Air Protection
                                           BILLING CODE 9110–04–P
                                                                                                   Division, U.S. Environmental Protection                pertains to the nonattainment
                                                                                                   Agency, Region III, 1650 Arch Street,                  requirements of part D, Title I of the
                                                                                                   Philadelphia, Pennsylvania 19103.                      CAA, because this element is not
                                           ENVIRONMENTAL PROTECTION                                Copies of the State submittal are                      required to be submitted by the 3-year
                                           AGENCY                                                  available at the Pennsylvania                          submission deadline of section 110(a)(1)
                                                                                                   Department of Environmental                            and will be addressed in a separate
                                           40 CFR Part 52                                                                                                 process. In addition, Pennsylvania’s July
                                                                                                   Protection, Bureau of Air Quality
                                           [EPA–R03–OAR–2014–0910; FRL–9931–80–                    Control, P. O. Box 8468, 400 Market                    15, 2014 infrastructure SIP submittals
                                           Region 3]                                               Street, Harrisburg, Pennsylvania 17105.                for the 2008 ozone NAAQS and the
                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                          2010 SO2 NAAQS did not contain any
                                           Approval and Promulgation of Air                                                                               provisions addressing CAA section
                                                                                                   Ruth Knapp, (215) 814–2191, or by
                                           Quality Implementation Plans;                                                                                  110(a)(2)(D)(i)(I), and therefore EPA’s
                                                                                                   email at knapp.ruth@epa.gov.
                                           Pennsylvania; Infrastructure                                                                                   February 6, 2015 NPR did not propose
                                           Requirements for the 2008 Ozone and                     SUPPLEMENTARY INFORMATION:
                                                                                                                                                          any action on the SIP submittals for
                                           2010 Sulfur Dioxide National Ambient                    I. Summary of SIP Revision                             section 110(a)(2)(D)(i)(I) for either SIP
                                           Air Quality Standards                                                                                          submittal. Thus, this rulemaking action
                                                                                                      On March 27, 2008 (73 FR 16436),
                                                                                                                                                          likewise does not include action on
                                           AGENCY:  Environmental Protection                       EPA promulgated a revised ozone
                                                                                                                                                          CAA section 110(a)(2)(D)(i)(I) for either
                                           Agency (EPA).                                           NAAQS based on 8-hour average
                                                                                                                                                          the 2008 ozone NAAQS or the 2010 SO2
                                           ACTION: Final rule.                                     concentrations. EPA revised the level of
                                                                                                                                                          NAAQS because PADEP’s July 15, 2014
                                                                                                   the 8-hour ozone NAAQS from 0.08
                                           SUMMARY:   The Environmental Protection                                                                        infrastructure SIP submittals did not
                                                                                                   parts per million (ppm) to 0.075 ppm.
                                           Agency (EPA) is approving portions of                                                                          include provisions for this element.
                                                                                                   On June 22, 2010 (75 FR 35520), EPA
                                           two State Implementation Plan (SIP)                                                                            Finally, at this time, EPA is not taking
                                                                                                   promulgated a 1-hour primary SO2                       action on section 110(a)(2)(D)(i)(II)
                                           revisions submitted by the                              NAAQS at a level of 75 parts per billion
                                           Commonwealth of Pennsylvania                                                                                   (which addresses visibility protection)
                                                                                                   (ppb), based on a 3-year average of the                for the 2008 ozone or 2010 SO2 NAAQS
                                           through the Pennsylvania Department of                  annual 99th percentile of 1-hour daily
                                           Environmental Protection (PADEP)                                                                               as explained in the NPR. Although
                                                                                                   maximum concentrations. Pursuant to                    Pennsylvania’s July 15, 2014
                                           pursuant to the Clean Air Act (CAA).                    section 110(a)(1) of the CAA, states are
                                           Whenever new or revised National                                                                               infrastructure SIP submittals for the
                                                                                                   required to submit SIPs meeting the                    2008 ozone NAAQS and the 2010 SO2
                                           Ambient Air Quality Standards                           applicable requirements of section
                                           (NAAQS) are promulgated, the CAA                                                                               NAAQS referred to Pennsylvania’s
                                                                                                   110(a)(2) within three years after                     regional haze SIP to address section
                                           requires states to submit a plan for the                promulgation of a new or revised
                                           implementation, maintenance, and                                                                               110(a)(2)(D)(i)(II) for visibility
                                                                                                   NAAQS or within such shorter period                    protection, EPA intends to take later,
                                           enforcement of such NAAQS. The plan                     as EPA may prescribe.
                                           is required to address basic program                                                                           separate action on Pennsylvania’s SIP
                                                                                                      On July 15, 2014, the Commonwealth                  submittals for these elements as
                                           elements, including but not limited to                  of Pennsylvania, through the PADEP,
                                           regulatory structure, monitoring,                                                                              explained in the NPR and the Technical
                                                                                                   submitted SIP revisions that address the               Support Document (TSD) which
                                           modeling, legal authority, and adequate                 infrastructure elements specified in
                                           resources necessary to assure                                                                                  accompanied the NPR.
                                                                                                   section 110(a)(2) of the CAA necessary                    The rationale supporting EPA’s
                                           implementation, maintenance, and                        to implement, maintain, and enforce the                proposed rulemaking action approving
                                           enforcement of the NAAQS. These                         2008 ozone NAAQS and the 2010 SO2                      portions of the July 15, 2014
                                           elements are referred to as infrastructure              NAAQS. On February 6, 2015 (80 FR                      infrastructure SIP submittals for the
                                           requirements. PADEP made submittals                     6672), EPA published a notice of                       2008 ozone and 2010 SO2 NAAQS,
                                           addressing the infrastructure                           proposed rulemaking (NPR) for                          including the scope of infrastructure
                                           requirements for the 2008 ozone                         Pennsylvania proposing approval of                     SIPs in general, is explained in the NPR
                                           NAAQS and the 2010 sulfur dioxide                       portions of both SIP revisions as well as              and the TSD accompanying the NPR
                                           (SO2) primary NAAQS.                                    portions of SIP submittals for other                   and will not be restated here. The NPR
                                           DATES: This final rule is effective on                  NAAQS.1 In the NPR, EPA proposed                       and TSD are available in the docket for
                                           September 4, 2015.                                                                                             this rulemaking at www.regulations.gov,
                                                                                                     1 On July 15, 2014, PADEP also submitted SIP
                                           ADDRESSES: EPA has established a                                                                               Docket ID Number EPA–R03–OAR–
                                                                                                   revisions addressing the infrastructure requirements
                                           docket for this action under Docket ID
Lhorne on DSK7TPTVN1PROD with RULES




                                                                                                   for the 2010 nitrogen dioxide (NO2) NAAQS and the
                                           Number EPA–R03–OAR–2014–0910. All                       2012 fine particulate matter (PM2.5) NAAQS. In the     specific SIPs, EPA took final action to approve
                                           documents in the docket are listed in                   February 6, 2015 NPR, EPA also proposed approval       portions of the infrastructure SIPs for the 2010 NO2
                                           the www.regulations.gov Web site.                       of portions of these infrastructure SIPs. Because      NAAQS and 2012 PM2.5 NAAQS on May 8, 2015.
                                                                                                   EPA did not receive adverse comments applicable        80 FR 26461. Thus, this final action only addresses
                                           Although listed in the electronic docket,               to Pennsylvania’s infrastructure SIPs for the 2010     the July 15, 2014 infrastructure SIPs PADEP
                                           some information is not publicly                        NO2 NAAQS or the 2012 PM2.5 NAAQS or                   submitted addressing the 2008 ozone NAAQS and
                                           available, i.e., confidential business                  applicable to EPA’s proposed approval of those         the 2010 SO2 NAAQS.



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Document Created: 2018-02-23 10:53:04
Document Modified: 2018-02-23 10:53:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionNotice of temporary deviation from regulations; request for comments.
DatesThis deviation is effective from 8 a.m. on August 5, 2015 until 6 p.m. on November 3, 2015.
ContactIf you have questions on this temporary deviation, call or email Rod Elkins at telephone 305-415- 6989, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 46492 

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