80 FR 38623 - Safety Zone: Underwater Vessel Testing, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range		38623-38625
FR Document		2015-16621

The Coast Guard is establishing a temporary safety zone in the navigable waters of San Francisco Bay in San Francisco, CA near Hunters Point, in support of the Underwater Vessel Testing. This safety zone is established to ensure the safety of the testing participants and mariners transiting the area. Unauthorized persons or vessels are prohibited from entering into, transiting through, or remaining in the safety zone without permission of the Captain of the Port or their designated representative.

Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015)

[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Rules and Regulations]
[Pages 38623-38625]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16621]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2015-0422]
RIN 1625-AA00


Safety Zone: Underwater Vessel Testing, San Francisco Bay, San 
Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
navigable waters of San Francisco Bay in San Francisco, CA near Hunters 
Point, in support of the Underwater Vessel Testing. This safety zone is 
established to ensure the safety of the testing participants and 
mariners transiting the area. Unauthorized persons or vessels are 
prohibited from entering into, transiting through, or remaining in the 
safety zone without permission of the Captain of the Port or their 
designated representative.

DATES: This rule is effective without actual notice from July 7, 2015 
until October 31, 2015. For purposes of enforcement, actual notice will 
be used from July 1, 2015 until July 7, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
USCG-2015-0422. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
temporary rule, call or email Lieutenant Marcia Medina, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-7443 or email at [email protected]. If you have questions on viewing the docket, 
call Program Manager, Docket Operations, telephone (202)366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' The Coast Guard received the information about the event on 
May 11, 2015, and the event would occur before the rulemaking process 
would be completed. Due to the short timeframe for issuing this safety 
zone, we find that it is impracticable to solicit comments for this 
temporary final rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register for similar reasons listed above. 
Due to the time constraints noted, it is impracticable to give 30 days 
notice before the effective date of this rule.

B. Basis and Purpose

    The legal basis for the proposed rule is 33 U.S.C 1231; 50 U.S.C. 
191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to establish safety zones.
    The Office of the Secretary of Defense will host Underwater Vessel 
Testing periodically between July 1 through October 31, 2015 in the 
navigable waters of San Francisco Bay in San Francisco, CA near 
Hunter's Point. The safety zone is needed to establish a temporary 
restricted area on the waters surrounding the testing. A restricted 
area is necessary to ensure the safety of mariners transiting the area.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters 
around the testing. The Underwater Vessel Testing Safety Zone 
establishes a temporary restricted area on the water within an area 
connecting the following points: 37[deg]43'30'' N., 122[deg]21'6'' W.; 
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N., 
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W.; thence back 
to the point of origin (NAD 83). Periods of enforcement will be 
requested by the Office of the Secretary of Defense with one week 
notice and approved by the COTP. This safety zone will be enforced for 
a duration of 6 to up to 72 hours as announced via Broadcast Notice to 
Mariners periodically between July 1 through October 31, 2015. At the 
conclusion of the testing evolution the safety zone shall terminate for 
each evolution.
    The effect of the temporary safety zone will be to restrict 
navigation in the vicinity of the testing. Except for persons or 
vessels authorized by the Coast Guard Patrol Commander, no person or 
vessel may enter or remain in the restricted area. These regulations 
are needed to keep vessels away from the vicinity of the testing to 
ensure the safety of mariners transiting the area.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses

[[Page 38624]]

based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule will not rise to the 
level of necessitating a full Regulatory Evaluation. The safety zone is 
limited in duration, and is limited to a narrowly tailored geographic 
area. In addition, although this rule restricts access to the waters 
encompassed by the safety zone, the effect of this rule will not be 
significant because the local waterway users will be notified via 
public Broadcast Notice to Mariners to ensure the safety zone will 
result in minimum impact. The entities most likely to be affected are 
waterfront facilities, commercial vessels, and pleasure craft engaged 
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000.
    This rule may affect owners and operators of waterfront facilities, 
commercial vessels, and pleasure craft engaged in recreational 
activities and sightseeing. This safety zone would not have a 
significant economic impact on a substantial number of small entities 
for the following reasons. This safety zone would be activated, and 
thus subject to enforcement, for a limited duration. When the safety 
zone is activated, vessel traffic could pass safely around the safety 
zone. The maritime public will be advised in advance of this safety 
zone via Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone of limited size and duration. This

[[Page 38625]]

rule is categorically excluded from further review under paragraph 
34(g) of Figure 2-1 of the Commandant Instruction. An environmental 
analysis checklist supporting this determination and a Categorical 
Exclusion Determination are available in the docket where indicated 
under ADDRESSES. We seek any comments or information that may lead to 
the discovery of a significant environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T11-681 to read as follows:


Sec.  165.T11-681  Safety zone; Underwater Vessel Testing, San 
Francisco Bay, San Francisco, CA.

    (a) Location. This temporary safety zone will encompass the 
navigable waters of the South San Francisco Bay within an area 
connecting the following points: 37[deg]43'30'' N., 122[deg]21'6'' W.; 
37[deg]43'53'' N., 122[deg]19'17'' W.; 37[deg]41'34'' N., 
122[deg]20'30'' W.; 37[deg]41'56'' N., 122[deg]18'42'' W. (NAD 83); 
thence back to the point of origin (NAD 83), as depicted in National 
Oceanic and Atmospheric Administration (NOAA) Chart 18651.
    (b) Enforcement period. The zone described in paragraph (a) of this 
section will be enforced for a duration of 6 to up to 72 hours, as 
announced via Broadcast Notice to Mariners, periodically between on 
July 1 through October 31, 2015. The Captain of the Port San Francisco 
(COTP) will notify the maritime community of periods during which this 
zone will be enforced via Broadcast Notice to Mariners in accordance 
with Sec.  165.7.
    (c) Definitions. As used in this section, ``designated 
representative'' means a Coast Guard Patrol Commander, including a 
Coast Guard coxswain, petty officer, or other officer on a Coast Guard 
vessel or a Federal, State, or local officer designated by or assisting 
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in subpart C of 
this part, entry into, transiting or anchoring within this safety zone 
is prohibited unless authorized by the COTP or a designated 
representative.
    (2) The safety zone is closed to all vessel traffic, except as may 
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety 
zone must contact the COTP or a designated representative to obtain 
permission to do so. Vessel operators given permission to enter or 
operate in the safety zone must comply with all directions given to 
them by the COTP or a designated representative. Persons and vessels 
may request permission to enter the safety zone on VHF-23A or through 
the 24-hour Command Center at telephone (415) 399-3547.

    Dated: May 18, 2015.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2015-16621 Filed 7-6-15; 8:45 am]
 BILLING CODE 4910-15-P

38624 Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations

based on these statutes and executive understanding this rule. If the rule we do discuss the effects of this rule
orders. would affect your small business, elsewhere in this preamble.
organization, or governmental
1. Regulatory Planning and Review 8. Taking of Private Property
jurisdiction and you have questions
This rule is not a significant concerning its provisions or options for This rule will not cause a taking of
regulatory action under section 3(f) of compliance, please contact the person private property or otherwise have
Executive Order 12866, Regulatory listed in the FOR FURTHER INFORMATION taking implications under Executive
Planning and Review, as supplemented CONTACT, above. Order 12630, Governmental Actions and
by Executive Order 13563, Improving Small businesses may send comments Interference with Constitutionally
Regulation and Regulatory Review, and on the actions of Federal employees Protected Property Rights.
does not require an assessment of who enforce, or otherwise determine
potential costs and benefits under 9. Civil Justice Reform
compliance with, Federal regulations to
section 6(a)(3) of Executive Order 12866 the Small Business and Agriculture This rule meets applicable standards
or under section 1 of Executive Order Regulatory Enforcement Ombudsman in sections 3(a) and 3(b)(2) of Executive
13563. The Office of Management and and the Regional Small Business Order 12988, Civil Justice Reform, to
Budget has not reviewed it under those Regulatory Fairness Boards. The minimize litigation, eliminate
Orders. Ombudsman evaluates these actions ambiguity, and reduce burden.
We expect the economic impact of annually and rates each agency’s
this rule will not rise to the level of 10. Protection of Children
responsiveness to small business. If you
necessitating a full Regulatory wish to comment on actions by We have analyzed this rule under
Evaluation. The safety zone is limited in employees of the Coast Guard, call 1– Executive Order 13045, Protection of
duration, and is limited to a narrowly 888–REG–FAIR (1–888–734–3247). The Children from Environmental Health
tailored geographic area. In addition, Coast Guard will not retaliate against Risks and Safety Risks. This rule is not
although this rule restricts access to the small entities that question or complain an economically significant rule and
waters encompassed by the safety zone, about this rule or any policy or action does not create an environmental risk to
the effect of this rule will not be of the Coast Guard. health or risk to safety that may
significant because the local waterway disproportionately affect children.
users will be notified via public 4. Collection of Information
11. Indian Tribal Governments
Broadcast Notice to Mariners to ensure This rule will not call for a new
the safety zone will result in minimum collection of information under the This rule does not have tribal
impact. The entities most likely to be Paperwork Reduction Act of 1995 (44 implications under Executive Order
affected are waterfront facilities, U.S.C. 3501–3520). 13175, Consultation and Coordination
commercial vessels, and pleasure craft with Indian Tribal Governments,
engaged in recreational activities. 5. Federalism because it does not have a substantial
A rule has implications for federalism direct effect on one or more Indian
2. Impact on Small Entities under Executive Order 13132, tribes, on the relationship between the
The Regulatory Flexibility Act of 1980 Federalism, if it has a substantial direct Federal Government and Indian tribes,
(RFA), 5 U.S.C. 601–612, as amended, effect on the States, on the relationship or on the distribution of power and
requires federal agencies to consider the between the national government and responsibilities between the Federal
potential impact of regulations on small the States, or on the distribution of Government and Indian tribes.
entities during rulemaking. The term power and responsibilities among the
12. Energy Effects
‘‘small entities’’ comprises small various levels of government. We have
businesses, not-for-profit organizations analyzed this rule under that Order and This action is not a ‘‘significant
that are independently owned and determined that this rule does not have energy action’’ under Executive Order
operated and are not dominant in their implications for federalism. 13211, Actions Concerning Regulations
fields, and governmental jurisdictions That Significantly Affect Energy Supply,
with populations of less than 50,000. 6. Protest Activities Distribution, or Use.
This rule may affect owners and The Coast Guard respects the First
13. Technical Standards
operators of waterfront facilities, Amendment rights of protesters.
commercial vessels, and pleasure craft Protesters are asked to contact the This rule does not use technical
engaged in recreational activities and person listed in the FOR FURTHER standards. Therefore, we did not
sightseeing. This safety zone would not INFORMATION CONTACT section to consider the use of voluntary consensus
have a significant economic impact on coordinate protest activities so that your standards.
a substantial number of small entities message can be received without 14. Environment
for the following reasons. This safety jeopardizing the safety or security of
zone would be activated, and thus people, places or vessels. We have analyzed this rule under
subject to enforcement, for a limited Department of Homeland Security
7. Unfunded Mandates Reform Act Management Directive 023–01 and
duration. When the safety zone is
activated, vessel traffic could pass safely The Unfunded Mandates Reform Act Commandant Instruction M16475.lD,
around the safety zone. The maritime of 1995 (2 U.S.C. 1531–1538) requires which guide the Coast Guard in
public will be advised in advance of this Federal agencies to assess the effects of complying with the National
safety zone via Broadcast Notice to their discretionary regulatory actions. In Environmental Policy Act of 1969
srobinson on DSK5SPTVN1PROD with RULES

Mariners. particular, the Act addresses actions (NEPA) (42 U.S.C. 4321–4370f), and
that may result in the expenditure by a have concluded this action is one of a
3. Assistance for Small Entities State, local, or tribal government, in the category of actions that do not
Under section 213(a) of the Small aggregate, or by the private sector of individually or cumulatively have a
Business Regulatory Enforcement $100,000,000 (adjusted for inflation) or significant effect on the human
Fairness Act of 1996 (Pub. L. 104–121), more in any one year. Though this rule environment. This rule involves a safety
we want to assist small entities in will not result in such an expenditure, zone of limited size and duration. This

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Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Rules and Regulations 38625

rule is categorically excluded from assisting the COTP in the enforcement EPA is also approving ministerial
further review under paragraph 34(g) of of the safety zone. changes to the Code of Federal
Figure 2–1 of the Commandant (d) Regulations. (1) Under the general Regulations (CFR) to reflect recent EPA
Instruction. An environmental analysis regulations in subpart C of this part, SIP approvals to the Arkansas PSD
checklist supporting this determination entry into, transiting or anchoring program and to show that SIP
and a Categorical Exclusion within this safety zone is prohibited deficiencies identified in prior partial
Determination are available in the unless authorized by the COTP or a disapprovals have been addressed. We
docket where indicated under designated representative. are finalizing this action under section
ADDRESSES. We seek any comments or (2) The safety zone is closed to all 110 and part C of title I of the Clean Air
information that may lead to the vessel traffic, except as may be Act (CAA or the Act).
discovery of a significant environmental permitted by the COTP or a designated DATES: This final rule is effective on
impact from this rule. representative. August 6, 2015.
(3) Vessel operators desiring to enter ADDRESSES: EPA has established a
List of Subjects in 33 CFR Part 165
or operate within the safety zone must docket for this action under Docket ID
Harbors, Marine safety, Navigation contact the COTP or a designated No. EPA–R06–OAR–2014–0378. All
(water), Reporting and recordkeeping representative to obtain permission to documents in the docket are listed on
requirements, Security measures, do so. Vessel operators given permission the http://www.regulations.gov Web
Waterways. to enter or operate in the safety zone site. Although listed in the index, some
For the reasons discussed in the must comply with all directions given to information is not publicly available,
preamble, the Coast Guard amends 33 them by the COTP or a designated e.g., Confidential Business Information
CFR part 165 as follows: representative. Persons and vessels may or other information whose disclosure is
request permission to enter the safety restricted by statute. Certain other
PART 165—REGULATED NAVIGATION zone on VHF–23A or through the 24- material, such as copyrighted material,
AREAS AND LIMITED ACCESS AREAS hour Command Center at telephone is not placed on the Internet and will be
(415) 399–3547. publicly available only in hard copy
■ 1. The authority citation for part 165 Dated: May 18, 2015. form. Publicly available docket
continues to read as follows: Gregory G. Stump, materials are available either
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Captain, U.S. Coast Guard, Captain of the electronically through http://
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Port San Francisco. www.regulations.gov or in hard copy at
Department of Homeland Security Delegation EPA Region 6, 1445 Ross Avenue, Suite
[FR Doc. 2015–16621 Filed 7–6–15; 8:45 am]
No. 0170.1. 700, Dallas, Texas 75202–2733.
BILLING CODE 4910–15–P
■ 2. Add § 165.T11–681 to read as FOR FURTHER INFORMATION CONTACT:
follows: Adina Wiley, 214–665–2115,
§ 165.T11–681 Safety zone; Underwater ENVIRONMENTAL PROTECTION wiley.adina@epa.gov.
Vessel Testing, San Francisco Bay, San AGENCY SUPPLEMENTARY INFORMATION:
Francisco, CA. Throughout this document wherever
40 CFR Part 52 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
(a) Location. This temporary safety
zone will encompass the navigable [EPA–R06–OAR–2014–0378; FRL–9929–81– the EPA.
waters of the South San Francisco Bay Region 6]
I. Background
within an area connecting the following
points: 37°43′30″ N., 122°21′6″ W.; Approval and Promulgation of The background for this action is
37°43′53″ N., 122°19′17″ W.; 37°41′34″ Implementation Plans; Arkansas; discussed in detail in our April 27, 2015
N., 122°20′30″ W.; 37°41′56″ N., Prevention of Significant Deterioration; proposal. See 80 FR 23245. In that
122°18′42″ W. (NAD 83); thence back to Greenhouse Gas Plantwide document, we proposed to approve the
the point of origin (NAD 83), as Applicability Limit Permitting January 7, 2014, Arkansas SIP revision;
depicted in National Oceanic and Revisions a submittal that included PSD
Atmospheric Administration (NOAA) permitting provisions adopted on June
AGENCY: Environmental Protection 28, 2013, at the Arkansas Pollution
Chart 18651. Agency (EPA).
(b) Enforcement period. The zone Control and Ecology Commission’s
ACTION: Final rule. (‘‘Commission’’) Regulation Number 19,
described in paragraph (a) of this
section will be enforced for a duration Regulations of the Arkansas Plan of
SUMMARY: The Environmental Protection
of 6 to up to 72 hours, as announced via Implementation for Air Pollution
Agency (EPA) is approving one revision
Broadcast Notice to Mariners, Control (hereinafter Regulation 19 at
to the Arkansas State Implementation
periodically between on July 1 through 19.904(A)(1) and (G)(1)). These revisions
Plan (SIP) submitted by the Arkansas
October 31, 2015. The Captain of the to the PSD program provide the
Governor to the EPA on January 7, 2014.
Port San Francisco (COTP) will notify Arkansas Department of Environmental
This submittal revises the Arkansas
the maritime community of periods Quality (ADEQ) the ability to issue GHG
Prevention of Significant Deterioration
during which this zone will be enforced PSD PALs consistent with the
(PSD) Permitting Program to incorporate
via Broadcast Notice to Mariners in ‘‘Prevention of Significant Deterioration
by reference federal plantwide
accordance with § 165.7. and Title V Greenhouse Gas Tailoring
applicability limit (PAL) permitting
Rule Step 3 and GHG Plantwide
srobinson on DSK5SPTVN1PROD with RULES

(c) Definitions. As used in this provisions to enable the State of
Applicability Limits Final Rule’’ (77 FR
section, ‘‘designated representative’’ Arkansas to issue PSD PALs to sources
41051) and recent litigation surrounding
means a Coast Guard Patrol with greenhouse gas (GHG) emissions.
the permitting of GHGs.1 The January 7,
Commander, including a Coast Guard The EPA has determined that the
coxswain, petty officer, or other officer January 7, 2014 revision to the Arkansas 1 As explained more fully in our April 27, 2015,
on a Coast Guard vessel or a Federal, SIP is consistent with federal proposed rulemaking; the U.S. Supreme Court
State, or local officer designated by or requirements for PSD permitting. The Continued

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Document Created: 2015-12-15 13:27:16
Document Modified: 2015-12-15 13:27:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective without actual notice from July 7, 2015 until October 31, 2015. For purposes of enforcement, actual notice will be used from July 1, 2015 until July 7, 2015.
Contact		If you have questions on this temporary rule, call or email Lieutenant Marcia Medina, U.S. Coast Guard Sector San Francisco; telephone (415) 399-7443 or email at D11- [email protected] If you have questions on viewing the docket, call Program Manager, Docket Operations, telephone (202)366-9826.
FR Citation		80 FR 38623
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

80 FR 38623 - Safety Zone: Underwater Vessel Testing, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 80, Issue 129 (July 7, 2015)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard