80 FR 39694 - Safety Zone; Oswego Harborfest Jet Ski Show; Oswego Harbor, Oswego, NY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 132 (July 10, 2015)
Coast Guard
Federal Register Volume 80, Issue 132 (July 10, 2015)
| Page Range | 39694-39696 | |
| FR Document | 2015-16807 |
[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)] [Rules and Regulations] [Pages 39694-39696] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16807] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2015-0507] RIN 1625-AA00 Safety Zone; Oswego Harborfest Jet Ski Show; Oswego Harbor, Oswego, NY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone on Oswego Harbor, Oswego, NY. This safety zone is intended to restrict vessels from a portion of Oswego Harbor during the Oswego Harborfest Jet Ski Show. This temporary safety zone is necessary to protect mariners and vessels from the navigational hazards associated with a jet ski show. DATES: This rule will be effective from 12:45 p.m. on July 25, 2015 until 7:15 p.m. on July 26, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-0507]. 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 rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email SectorBuffaloMarineSafety@uscg.mil. If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking TFR Temporary Final Rule 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.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because doing so would be impracticable and contrary to the public interest. The final details for this event were not known to the Coast Guard until there was insufficient time remaining before the event to publish an NPRM. Thus, delaying the effective date of this rule to wait for a comment period to run would be both impracticable and contrary to the public interest because it would inhibit the Coast Guard's ability to protect spectators and vessels from the hazards associated with a maritime fireworks display. Therefore, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this temporary rule effective less than 30 days after publication in the Federal Register. B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231, 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. Between 12:45 p.m. and 7:15 p.m. on July 25, 2015 and between 12:45 p.m. and 7:15 p.m. on July 26, 2015, a jet ski show will be taking place on Oswego Harbor in Oswego, NY. Based on recent accidents that have occurred in other Captain of the Port zones, the Captain of the Port Buffalo has determined a jet ski show presents significant risks to public safety and property. The likely combination of large numbers of recreational vessels, congested waterways, and alcohol use by some spectators, present a significant risk of serious injuries or fatalities. C. Discussion of the Final Rule With the aforementioned hazards in mind, the Captain of the Port Buffalo has determined that this temporary safety zone is necessary to ensure the safety of spectators and vessels during the Oswego Harborfest Jet Ski Show. This zone will be effective and enforced intermittently from 12:45 p.m. until 7:15 p.m. on July 25, 2015 and from 12:45 p.m. until 7:15 p.m. on July 26, 2015. This zone will encompass all waters of Oswego Harbor; Oswego, NY starting at position 43[deg]27'49.88'' N. and 076[deg]31'15.41'' W. then Northwest to 43[deg]27'51.72'' N. and 076[deg]31'18.13 then Southwest to 43[deg]27'44.26'' N. and 076[deg]31'39.18'' W. then South to 43[deg]27'42.68'' N. and 076[deg]31'36.91'' W. then returning the point of origin. Entry into, transiting, or anchoring within the safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. The Captain of the Port or his designated on-scene representative may be contacted via VHF Channel 16. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses 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 conclude that this rule is not a significant regulatory action because we anticipate that it will have minimal impact on the economy, will not interfere with other agencies, will not adversely alter the budget of any grant or loan recipients, and will not raise any novel legal or policy issues. The safety zone created by this rule will be relatively small and enforced for a relatively short time. Also, the safety zone is designed to minimize its impact on navigable waters. Furthermore, the [[Page 39695]] safety zone has been designed to allow vessels to transit around it. Thus, restrictions on vessel movement within that particular area are expected to be minimal. Under certain conditions, moreover, vessels may still transit through the safety zone when permitted by the Captain of the Port. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this rule on small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which might be small entities: the owners or operators of vessels intending to transit or anchor in a portion of Oswego Harbor on July 25 and 26, 2015. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons: this safety zone would be subject to enforcement for a few hours a day over the course of two days and the safety zone will allow vessels to move freely around the safety zone in Oswego Harbor. Traffic may be allowed to pass through the zone with the permission of the Captain of the Port. The Captain of the Port can be reached via VHF channel 16. Before the enforcement of the zone, we would issue local Broadcast Notice to Mariners. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Public Law 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 section 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 determined that 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 the establishment of a safety zone and, therefore it 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: [[Page 39696]] 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.T09-0507 to read as follows: Sec. 165.T09-0507 Safety Zone; Oswego Harborfest Jet Ski Show; Oswego Harbor, Oswego, NY. (a) Location. This zone will encompass all waters of Oswego Harbor; Oswego, NY starting at position 43[deg]27'49.88'' N. and 076[deg]31'15.41'' W. then Northwest to 43[deg]27'51.72'' N. and 076[deg]31'18.13 then Southwest to 43[deg]27'44.26'' N. and 076[deg]31'39.18'' W. then South to 43[deg]27'42.68'' N. and 076[deg]31'36.91'' W. then returning the point of origin. (b) Enforcement period. This regulation will be enforced intermittently on July 25, 2015 from 12:45 p.m. until 7:15 p.m. and on July 26, 2015 from 12:45 p.m. until 7:15 p.m. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port Buffalo or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port Buffalo or his designated on- scene representative. (3) The ``on-scene representative'' of the Captain of the Port Buffalo is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port Buffalo to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port Buffalo or his on-scene representative to obtain permission to do so. The Captain of the Port Buffalo or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by theCaptain of the Port Buffalo, or his on-scene representative. Dated: June 15, 2015. B. W. Roche, Captain, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 2015-16807 Filed 7-9-15; 8:45 am] BILLING CODE 9110-04-P
![39694 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations
(d) Penalties. Persons and vessels Manager, Docket Operations, telephone recreational vessels, congested
violating this rule are subject to the 202–366–9826 or 1–800–647–5527. waterways, and alcohol use by some
penalties set forth in 33 U.S.C. 1232 and SUPPLEMENTARY INFORMATION: spectators, present a significant risk of
50 U.S.C. 192. serious injuries or fatalities.
Table of Acronyms
Dated: June 3, 2015. C. Discussion of the Final Rule
DHS Department of Homeland Security
S.D. Montoya, With the aforementioned hazards in
FR Federal Register
Commander, U.S. Coast Guard, Acting NPRM Notice of Proposed Rulemaking mind, the Captain of the Port Buffalo
Captain of the Port, Western Alaska. TFR Temporary Final Rule has determined that this temporary
[FR Doc. 2015–16700 Filed 7–9–15; 8:45 am] safety zone is necessary to ensure the
A. Regulatory History and Information
BILLING CODE 9110–04–P safety of spectators and vessels during
The Coast Guard is issuing this the Oswego Harborfest Jet Ski Show.
temporary final rule without prior This zone will be effective and enforced
DEPARTMENT OF HOMELAND notice and opportunity to comment intermittently from 12:45 p.m. until 7:15
SECURITY pursuant to authority under section 4(a) p.m. on July 25, 2015 and from 12:45
of the Administrative Procedure Act p.m. until 7:15 p.m. on July 26, 2015.
Coast Guard (APA) (5 U.S.C. 553(b)). This provision This zone will encompass all waters of
authorizes an agency to issue a rule Oswego Harbor; Oswego, NY starting at
33 CFR Part 165 without prior notice and opportunity to position 43°27′49.88″ N. and
[Docket Number USCG–2015–0507] comment when the agency for good 076°31′15.41″ W. then Northwest to
cause finds that those procedures are 43°27′51.72″ N. and 076°31′18.13 then
RIN 1625–AA00 ‘‘impracticable, unnecessary, or contrary Southwest to 43°27′44.26″ N. and
to the public interest.’’ Under 5 U.S.C. 076°31′39.18″ W. then South to
Safety Zone; Oswego Harborfest Jet 553(b)(B), the Coast Guard finds that
Ski Show; Oswego Harbor, Oswego, 43°27′42.68″ N. and 076°31′36.91″ W.
good cause exists for not publishing a then returning the point of origin.
NY notice of proposed rulemaking (NPRM) Entry into, transiting, or anchoring
AGENCY: Coast Guard, DHS. with respect to this rule because doing within the safety zone is prohibited
ACTION: Temporary final rule. so would be impracticable and contrary unless authorized by the Captain of the
to the public interest. The final details Port Buffalo or his designated on-scene
SUMMARY: The Coast Guard is for this event were not known to the representative. The Captain of the Port
establishing a temporary safety zone on Coast Guard until there was insufficient or his designated on-scene
Oswego Harbor, Oswego, NY. This time remaining before the event to representative may be contacted via
safety zone is intended to restrict publish an NPRM. Thus, delaying the VHF Channel 16.
vessels from a portion of Oswego Harbor effective date of this rule to wait for a
during the Oswego Harborfest Jet Ski comment period to run would be both D. Regulatory Analyses
Show. This temporary safety zone is impracticable and contrary to the public We developed this rule after
necessary to protect mariners and interest because it would inhibit the considering numerous statutes and
vessels from the navigational hazards Coast Guard’s ability to protect executive orders related to rulemaking.
associated with a jet ski show. spectators and vessels from the hazards Below we summarize our analyses
DATES: This rule will be effective from associated with a maritime fireworks based on these statutes and executive
12:45 p.m. on July 25, 2015 until 7:15 display. Therefore, under 5 U.S.C. orders.
p.m. on July 26, 2015. 553(d)(3), the Coast Guard finds that
1. Regulatory Planning and Review
good cause exists for making this
ADDRESSES: Documents mentioned in This rule is not a significant
temporary rule effective less than 30
this preamble are part of docket [USCG– regulatory action under section 3(f) of
days after publication in the Federal
2015–0507]. To view documents Executive Order 12866, Regulatory
Register.
mentioned in this preamble as being Planning and Review, as supplemented
available in the docket, go to http:// B. Basis and Purpose by Executive Order 13563, Improving
www.regulations.gov, type the docket The legal basis and authorities for this Regulation and Regulatory Review, and
number in the ‘‘SEARCH’’ box and click rule are found in 33 U.S.C. 1231, 46 does not require an assessment of
‘‘SEARCH.’’ Click on Open Docket U.S.C. Chapter 701, 3306, 3703; 50 potential costs and benefits under
Folder on the line associated with this U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, section 6(a)(3) of Executive Order 12866
rulemaking. You may also visit the 6.04–6, and 160.5; Pub. L. 107–295, 116 or under section 1 of Executive Order
Docket Management Facility in Room Stat. 2064; and Department of 13563. The Office of Management and
W12–140 on the ground floor of the Homeland Security Delegation No. Budget has not reviewed it under those
Department of Transportation West 0170.1, which collectively authorize the Orders.
Building, 1200 New Jersey Avenue SE., Coast Guard to establish and define We conclude that this rule is not a
Washington, DC 20590, between 9 a.m. regulatory safety zones. significant regulatory action because we
and 5 p.m., Monday through Friday, Between 12:45 p.m. and 7:15 p.m. on anticipate that it will have minimal
except Federal holidays. July 25, 2015 and between 12:45 p.m. impact on the economy, will not
FOR FURTHER INFORMATION CONTACT: If and 7:15 p.m. on July 26, 2015, a jet ski interfere with other agencies, will not
you have questions on this rule, call or show will be taking place on Oswego adversely alter the budget of any grant
mstockstill on DSK4VPTVN1PROD with RULES
email LTJG Amanda Garcia, Chief of Harbor in Oswego, NY. Based on recent or loan recipients, and will not raise any
Waterways Management, U.S. Coast accidents that have occurred in other novel legal or policy issues. The safety
Guard Sector Buffalo; telephone 716– Captain of the Port zones, the Captain of zone created by this rule will be
843–9343, email the Port Buffalo has determined a jet ski relatively small and enforced for a
SectorBuffaloMarineSafety@uscg.mil. If show presents significant risks to public relatively short time. Also, the safety
you have questions on viewing the safety and property. The likely zone is designed to minimize its impact
docket, call Ms. Cheryl Collins, Program combination of large numbers of on navigable waters. Furthermore, the
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![39696 Federal Register / Vol. 80, No. 132 / Friday, July 10, 2015 / Rules and Regulations
PART 165—REGULATED NAVIGATION ENVIRONMENTAL PROTECTION Agency, Region III, 1650 Arch Street,
AREAS AND LIMITED ACCESS AREAS AGENCY Philadelphia, Pennsylvania 19103.
FOR FURTHER INFORMATION CONTACT:
■ 1. The authority citation for part 165 40 CFR Part 52 Emlyn Vélez-Rosa, (215) 814–2038, or
continues to read as follows: by email at velez-rosa.emlyn@epa.gov.
[EPA–R03–OAR–2015–0175; FRL–9930–23-
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Region 3] SUPPLEMENTARY INFORMATION:
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation I. Background
Approval and Promulgation of Air
No. 0170.1. Quality Implementation Plans; On November 13, 2009, EPA
■ 2. Add § 165.T09–0507 to read as Pennsylvania; Determination of published designations for the 2006 24-
follows: Attainment of the 2006 24-Hour Fine hour PM2.5 NAAQS (74 FR 58688),
Particulate Standard for the Liberty-which became effective on December
§ 165.T09–0507 Safety Zone; Oswego Clairton Nonattainment Area 14, 2009. In that action, EPA designated
Harborfest Jet Ski Show; Oswego Harbor, the Liberty-Clairton Area as
Oswego, NY. AGENCY: Environmental Protection nonattainment for the 2006 24-hour
(a) Location. This zone will Agency (EPA). PM2.5 NAAQS. The Liberty-Clairton
encompass all waters of Oswego Harbor; ACTION: Final rule. Area is comprised of the following
Oswego, NY starting at position portion of Allegheny County: The
43°27′49.88″ N. and 076°31′15.41″ W. SUMMARY: The Environmental Protection boroughs of Lincoln, Glassport, Liberty,
then Northwest to 43°27′51.72″ N. and Agency (EPA) is finalizing a and Port Vue and the City of Clairton.
076°31′18.13 then Southwest to determination of attainment regarding See 40 CFR 81.339 (Pennsylvania). The
43°27′44.26″ N. and 076°31′39.18″ W. the Liberty-Clairton, Pennsylvania 2006 Liberty-Clairton Area is surrounded by,
then South to 43°27′42.68″ N. and 24-hour fine particulate matter (PM2.5) but separate and distinct from, the
076°31′36.91″ W. then returning the nonattainment area (hereafter ‘‘Liberty- Pittsburgh-Beaver Valley PM2.5
point of origin. Clairton Area’’ or ‘‘the Area’’). EPA is nonattainment area.
(b) Enforcement period. This determining that the Liberty-Clairton A nonattainment designation under
regulation will be enforced Area has attained the 2006 24-hour the CAA triggers additional planning
intermittently on July 25, 2015 from PM2.5 National Ambient Air Quality requirements for states to show
12:45 p.m. until 7:15 p.m. and on July Standard (NAAQS), based upon quality- attainment of the NAAQS in the
26, 2015 from 12:45 p.m. until 7:15 p.m. assured, quality-controlled and certified nonattainment areas by a statutory
ambient air monitoring data for the attainment date, as specified in the
(c) Regulations. (1) In accordance with
calendar years 2012–2014. EPA’s final CAA. Since 2005, EPA had
the general regulations in § 165.23, entry
‘‘clean data determination’’ will implemented the 1997 and 2006 PM2.5
into, transiting, or anchoring within this
suspend the requirements to submit for NAAQS based on the general
safety zone is prohibited unless
the Liberty-Clairton Area an attainment implementation provisions of subpart 1
authorized by the Captain of the Port
demonstration, reasonably available of Part D of Title I of the CAA (subpart
Buffalo or his designated on-scene
control measures (RACM), reasonable 1). On January 4, 2013, in Natural
representative.
further progress (RFP), and contingency Resources Defense Council v. EPA
(2) This safety zone is closed to all measures related to attainment of the
vessel traffic, except as may be (NRDC v. EPA), the D.C. Circuit
2006 24-hour PM2.5 NAAQS, for so long determined that EPA should be
permitted by the Captain of the Port as the Area continues to attain the 2006
Buffalo or his designated on-scene implementing its PM2.5 pollution
24-hour PM2.5 NAAQS. This final standard under additional CAA
representative. determination will not constitute a
(3) The ‘‘on-scene representative’’ of requirements than those EPA had been
redesignation to attainment. This final following in subpart 1 and remanded to
the Captain of the Port Buffalo is any action is being taken under the Clean
Coast Guard commissioned, warrant or EPA the ‘‘Final Clean Air Fine Particle
Air Act (CAA). Implementation Rule’’ (1997 PM2.5
petty officer who has been designated
DATES: This final rule is effective on Implementation Rule) (72 FR 20586,
by the Captain of the Port Buffalo to act
August 10, 2015. April 25, 2007) and the
on his behalf.
ADDRESSES: EPA has established a ‘‘Implementation of the New Source
(4) Vessel operators desiring to enter
docket for this action under Docket ID Review (NSR) Program for Particulate
or operate within the safety zone must
Number EPA–R03–OAR–2015–0175. All Matter Less than 2.5 Micrometers
contact the Captain of the Port Buffalo
documents in the docket are listed in (PM2.5)’’ final rule (2008 NSR PM2.5
or his on-scene representative to obtain
the www.regulations.gov Web site. Rule).1 706 F.3d 428 (D.C. Cir. 2013).
permission to do so. The Captain of the
Port Buffalo or his on-scene Although listed in the electronic docket, The D.C. Circuit found that the EPA
some information is not publicly erred in implementing the 1997 PM2.5
representative may be contacted via
available, i.e., confidential business NAAQS solely pursuant to subpart 1,
VHF Channel 16. Vessel operators given
information (CBI) or other information without consideration of the particulate
permission to enter or operate in the
whose disclosure is restricted by statute. matter specific provisions of subpart 4
safety zone must comply with all
Certain other material, such as of Part D of Title I of the CAA (subpart
directions given to them by theCaptain
copyrighted material, is not placed on 4).
of the Port Buffalo, or his on-scene
the Internet and will be publicly On April 25, 2014, EPA finalized a
representative.
mstockstill on DSK4VPTVN1PROD with RULES
available only in hard copy form. rule identifying the classification of all
Dated: June 15, 2015. Publicly available docket materials are PM2.5 areas currently designated
B. W. Roche, available either electronically through
1 EPA’s 2008 NSR PM
Captain, U.S. Coast Guard, Captain of the www.regulations.gov or in hard copy for 2.5 Rule relates to
Port Buffalo. requirements for the NSR permitting program
public inspection during normal required by parts C and D of title I of the CAA. The
[FR Doc. 2015–16807 Filed 7–9–15; 8:45 am] business hours at the Air Protection details and provisions of the 2008 NSR PM2.5 Rule
BILLING CODE 9110–04–P Division, U.S. Environmental Protection are not relevant to this proposed rulemaking.
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Document Created: 2018-02-23 09:15:29
Document Modified: 2018-02-23 09:15:29
| 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 will be effective from 12:45 p.m. on July 25, 2015 until 7:15 p.m. on July 26, 2015. | |
| Contact | If you have questions on this rule, call or email LTJG Amanda Garcia, Chief of Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-843-9343, email [email protected] If you have questions on viewing the docket, call Ms. Cheryl Collins, Program Manager, Docket Operations, telephone 202-366-9826 or 1-800-647-5527. | |
| FR Citation | 80 FR 39694 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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