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69700 Federal Register / Vol. 72, No.

236 / Monday, December 10, 2007 / Notices

(b) Electronically through the Web of the Selected Project will generally Department of Environmental
site at http:// encompass the waterfront, the upland Conservation Environmental Notice
www.BorderFenceNEPA.com. area adjacent to and under the elevated Bulletin and newspapers of general
(c) By e-mail to: FDR Drive and South Street extending circulation on May 30, 2007. The Draft
RGVcomments@BorderFenceNEPA.com. from the Whitehall Ferry Terminal and Conformity Determination was also
(d) By mail to: Rio Grande Valley Peter Minuit Plaza on the South to East published in the Federal Register on
Tactical Infrastructure EIS, c/o e2M, River Park on the North, as well as Pier July 27, 2007. No comments on the Draft
2751 Prosperity Avenue, Suite 200, 15, the New Market Building pier, Pier Conformity Determination were
Fairfax, Virginia 22031. 35, Pier 36, and Pier 42. The Selected received.
(e) By fax to: (757) 282–7697. Project is fully described in the Final ADDRESSES: The Conformity
Comments on the Draft EIS should be Environmental Impact Statement for the Determination is available at the
submitted by December 31, 2007. East River Waterfront Esplanade and following location: Lower Manhattan
Dated: December 5, 2007. Piers Project. Development Corporation, One Liberty
The Selected Project is located in Plaza, 20th Floor, New York, NY 10006.
Eugene H. Schied,
Manhattan, New York County, which The Conformity Determination is also
Assistant Commissioner, Office of Finance,
has been designated by the United available on the LMDC Web site at
Customs and Border Protection.
States Environmental Protection Agency http://www.renewnyc.com in the
[FR Doc. E7–23898 Filed 12–7–07; 8:45 am] (EPA) as a moderate non-attainment
BILLING CODE 9111–14–P ‘‘Planning, Design & Development’’
area for particulate matter less than 10 section and is an exhibit to LMDC’s
micrometers in aerodynamic diameter ROD.
(PM10), a non-attainment area for
DEPARTMENT OF HOUSING AND particulate matter less than 2.5 FOR FURTHER INFORMATION CONTACT:
URBAN DEVELOPMENT micrometers in aerodynamic diameter Christina Hynes, Lower Manhattan
(PM2.5), and a moderate non-attainment Development Corporation, One Liberty
[Docket No. FR–5162–N–02]
area for the 8-hour ozone standard. New Plaza, 20th Floor, New York, NY 10006;
Conformity Determination for the East York County was previously designated Telephone: (212) 962–2300; Fax: (212)
River Waterfront Esplanade and Piers by the EPA as a severe non-attainment 962–2431.
Project City of New York, New York area for the 1-hour ozone standard. The SUPPLEMENTARY INFORMATION:
County, NY area is in attainment for all other criteria A. Background
pollutants: Nitrogen dioxide (NO2), lead,
AGENCY: Office of the Assistant sulfur dioxide (SO2), and carbon The Clean Air Act (CAA), as amended
Secretary for Community Planning and monoxide (CO). MDC’s review has been in 1990, defines a non-attainment area
Development, HUD. conducted consistent with the (NAA) as a geographic region that has
ACTION: Notice. requirements of 40 CFR Part 93, Subpart been designated as not meeting one or
B: ‘‘Determining Conformity of Federal more of the National Ambient Air
SUMMARY: In accordance with the federal Actions to State or Federal Quality Standards (NAAQS). The
Clean Air Act General Conformity rule, Implementation Plans’’ issued on Selected Project is located in New York
the Lower Manhattan Development November 30, 1993 (as amended on July County, which has been designated by
Corporation (LMDC) has prepared a 17, 2006, to address PM2.5 emissions). the EPA as a moderate NAAQS NAA for
general conformity determination LMDC has determined that, during the PM10, a NAA for PM2.5, and a moderate
(Conformity Determination) for the East peak construction year of 2008, NAA for ozone. The area is in
River Waterfront Esplanade and Piers potential emissions for all the criteria attainment for all other criteria
Project (the Selected Project) pursuant pollutants would be below the de pollutants: Nitrogen dioxide (NO2), lead,
to the October 2007 National minimis thresholds established under sulfur dioxide (SO2), and carbon
Environmental Policy Act Record of federal regulations at 40 CFR 93.153(b) monoxide (CO). EPA had re-designated
Decision and Lead Agency Findings which are currently applicable in New New York City as in attainment for CO
Statement (ROD). LMDC is a subsidiary York County. Nonetheless, the on April 19, 2002 (67 FR 19337); the
of the Empire State Development construction emissions could exceed the CAA requires that a maintenance plan
Corporation (a political subdivision and 25 tons per year (tpy) annual nitrogen ensure continued compliance with the
public benefit corporation of the State of oxides (NOX) threshold for severe ozone CO NAAQS for former NAAs.
New York) and is responsible, pursuant non-attainment areas, which was A State Implementation Plan (SIP) is
to federal statute 42 U.S.C. 5304(g) as applicable to New York County under a state’s plan on how it will meet the
the recipient of U.S. Department of the previous 1-hour ozone standard NAAQS under the deadlines established
Housing and Urban Development (HUD) designation. Accordingly, LMDC has by the CAA. In November 1998, New
Community Development Block Grant prepared its Conformity Determination York State submitted its Phase II
program funds, for conducting reviews to demonstrate that the federally-funded Alternative Attainment Demonstration
of projects receiving HUD funds in portion of the Selected Project will for Ozone, which addressed attainment
accordance with 24 CFR part 58, as well conform with the 1-hour ozone State of the 1-hour ozone NAAQS by 2007
as other laws and regulations. These Implementation Plan (SIP). Pursuant to (New York submitted subsequent filings
responsibilities include compliance the requirements of 40 CFR 93.153(h)(4), to EPA in subsequent years). On
with the National Environmental Policy this notice lists the activities that are February 4, 2002, EPA approved New
Act and the Clean Air Act, 42 U.S.C. presumed to conform to the New York York’s 1-hour ozone SIP (67 FR 5170).
7401 et seq. (particularly sections ozone SIP. The general conformity requirements
7506(c) and (d)), in accordance with 24 The Draft Conformity Determination in 40 CFR part 93, subpart B, apply to
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CFR 58.4 and 58.5. for the Proposed East River Waterfront those federal actions that are located in
The Selected Project will improve a Esplanade and Piers Project was made a non-attainment or maintenance area,
two mile portion of the East River available for public review beginning and that are not subject to transportation
waterfront in Manhattan and create a May 18, 2007. Notices of its availability conformity requirements at 40 CFR part
City-owned public open space. The area were published in the New York State 51, subpart T, or part 93, subpart A,

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Federal Register / Vol. 72, No. 236 / Monday, December 10, 2007 / Notices 69701

where the action’s direct and indirect indirect emissions are defined as to the ozone SIP for the project area. The
emissions have the potential to emit one follows (40 CFR 93.152): activities that are presumed to conform
or more of the criteria pollutants or • Direct Emissions: Those emissions include all construction-related
precursors, in the case of ozone and of a criteria pollutant or its precursors activities that will receive federal
PM2.5, at emission rates equal to or that are caused or initiated by the funding for the East River Waterfront
exceeding the prescribed rates at 40 CFR Federal action and occur at the same Esplanade and Piers Project.
93.153(b), or where the action time and place as the action; Dated: November 30, 2007.
encompasses 10 percent or more of a • Indirect Emissions: Those emissions
Nelson R. Bregón,
NAA or maintenance area’s total of a criteria pollutant or its precursors
that— General Deputy Assistant Secretary for
emissions inventory for that pollutant. Community Planning and Development.
In the case of New York County, the 1. Are caused by the federal action,
but may occur later in time and/or may [FR Doc. E7–23832 Filed 12–7–07; 8:45 am]
prescribed annual rates are 50 tons of
VOCs and 100 tons of NOX (ozone be further removed in distance from the BILLING CODE 4210–67–P

precursors in moderate 8-hour ozone action itself but are still reasonably
NAA and PM2.5 precursors in PM2.5 foreseeable; and
2. The federal agency can practicably DEPARTMENT OF HOUSING AND
NAA), 100 tons of CO (CO maintenance URBAN DEVELOPMENT
area), 100 tons of PM10 (moderate PM10 control and will maintain control over
NAA), 100 tons of PM2.5 (PM2.5 NAA), due to a continuing program
and 100 tons of SO2 (PM2.5 precursor in responsibility of the federal agency. [Docket No. FR–5130–N–17]
PM2.5 NAA). LMDC has determined that the
predicted emissions due to the Selected Privacy Act of 1974; Notice of a
LMDC has determined that the total
Project during construction that should Computer Matching Program Between
annual direct and indirect emissions of
be subject to its general conformity the Department of Housing and Urban
all such criteria pollutants from the
review include direct emissions from (1) Development (HUD) and the United
Selected Project are less than the de
non-road engines operating on-site States Department of Agriculture
minimis rates prescribed in 40 CFR
during construction, (2) marine vessels (USDA)
93.153(b), as currently in effect, that
would trigger the requirement to carrying materials to and from the site AGENCY: Office of the Chief Information
conduct a general conformity and conducting other work along the Officer, HUD.
determination. Therefore, a general waterfront, and (3) emissions from
ACTION: Notice of a computer matching
conformity determination is not construction-related vehicles traveling
to and from the site. program between the HUD and the
necessarily required by current federal USDA.
regulations. Nonetheless, temporarily, C. Presumption of Conformity
during construction, annual NOX SUMMARY: In accordance with the
emissions are predicted to exceed the The Selected Project will be located in
Privacy Act of 1974 (5 U.S.C. 552a), as
threshold of 25 tons per year that would an area previously designated as a
amended by the Computer Matching
apply to a severe ozone non-attainment severe ozone non-attainment area under
and Privacy Protection Act of 1988 (Pub.
area under the former 1-hour ozone the 1-hour ozone NAAQS. The NOX
L. 100–503), and the Office of
NAAQS. Accordingly, LMDC prepared a emissions during two years of
Management and Budget (OMB)
Conformity Determination to construction were predicted to
Guidelines on the Conduct of Matching
demonstrate the Selected Project’s potentially exceed the prescribed level
Programs (June 19, 1989, 54 FR 25818),
conformity with the ozone SIP. for severe ozone non-attainment areas
and OMB Bulletin 89–22, ‘‘Instructions
(25 tons per year). Therefore, LMDC has
B. Requirements of the Conformity on Reporting Computer Matching
determined the following:
Programs to the Office of Management
Determination • The methods for estimating direct
and Budget (OMB), Congress and the
The purpose of the conformity and indirect emissions from the
Public,’’ HUD is issuing a public notice
analysis is to establish that the Selected Selected Project meet the requirements
of its intent to conduct a recurring
Project will conform to the New York of 40 CFR 93.159.
• The Selected Project was predicted computer matching program with the
ozone SIP, thereby demonstrating that USDA to utilize a computer information
total direct and indirect emissions of the to result in the emission of up to 70.5
tons and 31.2 tons of NOX per year in system of HUD, the Credit Alert
ozone precursors, in this case NOX, from Interactive Voice Response System
the Selected Project, will not: 2008 and 2009, respectively.
• All construction-related NOX (CAIVRS), with the USDA’s debtor files.
• Cause or contribute to any new Additionally, the record to be matched
violation of any standard in the area, emissions, including those from the
Selected Project, are included in the section was updated to reflect HUD’s
• Interfere with provisions in the new Privacy Act Systems of Records
applicable SIP for maintenance of any emissions budget specified in the New
York State Implementation Plan for involved in the CAIVRS matching
standard, program. This update does not change
• Increase the frequency or severity of Ozone—Phase II Alternative Attainment
Demonstration. the authority and the objectives of the
any existing violation of any standard in existing HUD and USDA computer
any area, or • The Selected Project does not cause
matching program.
• Delay timely attainment of any or contribute to any new violation, or
standard or any required interim increase the frequency or severity of any DATES: Effective Date: The effective date
emission reductions or other milestones existing violation, of the standards for of the matching program shall begin
in the SIP for purposes of— the pollutants addressed in 40 CFR January 9, 2008 or 40 days from the date
93.158. copies of the signed (by both HUD and
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1. A demonstration of reasonably
further progress (RFP), • The Selected Project does not USDA’s Data Integrity Boards (DIBs))
2. A demonstration of attainment, or violate any requirements or milestones computer matching agreement is sent to
3. A maintenance plan. in the ozone SIP. both Housing of Congress and the Office
For the purposes of a general Based on these determinations, the of Management and Budget (OMB),
conformity determination, direct and Selected Project is presumed to conform whichever is later, providing no

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