80_FR_50070 80 FR 49911 - Safety Zones; Eighth Coast Guard District Annual and Recurring Safety Zones Update

80 FR 49911 - Safety Zones; Eighth Coast Guard District Annual and Recurring Safety Zones Update

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 159 (August 18, 2015)

Page Range49911-49913
FR Document2015-20250

The Coast Guard is amending and updating its current list of recurring safety zone regulations that take place in the Eighth Coast Guard District area of responsibility (AOR). This final rule informs the public of regularly scheduled events that require additional safety measures through establishing a safety zone. Through this final rule, the list of recurring safety zones is updated with revisions, additional events, and removal of events that no longer take place in the Eighth Coast Guard District AOR. When these safety zones are enforced, vessel traffic is restricted from specified areas. Additionally, this one rulemaking project reduces administrative costs involved in producing a separate rule for each individual recurring safety zone and serves to provide notice of the known recurring safety zones throughout the year.

Federal Register, Volume 80 Issue 159 (Tuesday, August 18, 2015)
[Federal Register Volume 80, Number 159 (Tuesday, August 18, 2015)]
[Rules and Regulations]
[Pages 49911-49913]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20250]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-1060; 1625-AA00]


Safety Zones; Eighth Coast Guard District Annual and Recurring 
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending and updating its current list of 
recurring safety zone regulations that take place in the Eighth Coast 
Guard District area of responsibility (AOR). This final rule informs 
the public of regularly scheduled events that require additional safety 
measures through establishing a safety zone. Through this final rule, 
the list of recurring safety zones is updated with revisions, 
additional events, and removal of events that no longer take place in 
the Eighth Coast Guard District AOR. When these safety zones are 
enforced, vessel traffic is restricted from specified areas. 
Additionally, this one rulemaking project reduces administrative costs 
involved in producing a separate rule for each individual recurring 
safety zone and serves to provide notice of the known recurring safety 
zones throughout the year.

DATES: This rule is effective August 18, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket 
Number [USCG-2013-1060]. 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 Shelley R. Miller, Eighth Coast Guard District Waterways 
Management Division, (504) 671-2139 or email, 
Shelley.R.Miller@uscg.mil. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

BNM Broadcast Notice to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard preceded this final rule with an interim final rule 
with request for comments. The interim rule was published in the 
Federal Register on April 22, 2014, [79 FR 22398]. The interim rule 
established separate tables for each of the Sectors operating within 
the Coast Guard's Eighth District and updated the list of recurring 
safety zones under 33 CFR 165. Although no adverse comments were 
received, some comments to further update the recurring list were 
received. Because the interim rule and now this final rule establish 
separate tables for each Sector within the Eighth District, further 
updates will now be made by each Sector individually, impacting only 
their table of recurring safety zones.
    The list of annual and recurring safety zones occurring in the 
Eighth Coast Guard District AOR is published under 33 CFR 165.801. That 
list was originally created May 16, 2012 through a previous rulemaking, 
[77 FR 2876] and received no adverse comments.

B. Basis and Purpose

    The legal basis for the rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland 
Security Delegation No. 0170.1, which collectively authorize the Coast 
Guard to define regulatory safety zones. The Coast Guard is amending 
and updating the safety zone regulations under 33 CFR part 165 to 
include the most up to date list of recurring safety zones for events 
held on or around navigable waters within the Eighth Coast Guard 
District. These events include air shows, fireworks displays, and other 
marine related events requiring a limited access area restricting 
vessel traffic for safety purposes. The list under 33 CFR 165.801 
requires amending to provide new information on existing safety zones, 
and updating to include new safety zones expected to recur annually or 
biannually and to remove safety

[[Page 49912]]

zones that are no longer required. Issuing individual regulations for 
each new safety zone, amendment, or removal of an existing safety zone 
creates unnecessary administrative costs and burdens. This single 
rulemaking considerably reduces administrative overhead and provides 
the public with notice through publication in the Federal Register of 
the upcoming recurring safety zone regulations.

C. Discussion of Comments, Changes and the Final Rule

    No adverse comments were received. Some comments regarding further 
updates to the recurring list were received. Because the interim rule 
and now this final rule establish separate tables for each Sector 
within the Eighth District, further updates will now be made by each 
sector individually, impacting only their table of recurring safety 
zones.
    No changes to the rule have been made from the interim rule and 
request for comments.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes or 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.
    This rule establishes safety zones limiting access to certain areas 
under 33 CFR 165 within the Eighth Coast Guard District. The effect of 
this rulemaking will not be significant because these safety zones are 
limited in scope and duration.
    Additionally, the public is given advance notification through 
local forms of notice, the Federal Register, and/or Notices of 
Enforcement and thus will be able to plan operations around the safety 
zones in advance. Deviation from the safety zones established through 
this rulemaking may be requested from the appropriate COTP and requests 
will be considered on a case-by-case basis.

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. 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 may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
the safety zone areas during periods of enforcement. The safety zones 
will not have a significant economic impact on a substantial number of 
small entities because they are limited in scope and will be in effect 
for short periods of time. Before the enforcement period, the Coast 
Guard COTP will issue maritime advisories widely available to waterway 
users. Deviation from the safety zones established through this 
rulemaking may be requested from the appropriate COTP and requests will 
be considered on a case-by-case basis.

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.

[[Page 49913]]

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 is categorically excluded from further review 
under section 2.B.2 figure 2-1, paragraph 34(g) of the Commandant 
Instruction because it involves the establishment of safety zones. An 
environmental analysis checklist and a categorical exclusion 
determination are available in the docket where indicated under the 
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

    Accordingly, the interim rule amending 33 CFR part 165 that 
published at 79 FR 22398 on April 22, 2014, is adopted as a final rule 
without change.

    Dated: July 27, 2015.
D.R. Callahan,
Rear Admiral, U.S. Coast Guard, Commander, Eighth Coast Guard District.
[FR Doc. 2015-20250 Filed 8-17-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations                                        49911

                                             supporting this determination and a                       Dated: July 13, 2015.                               Guard District Waterways Management
                                             Categorical Exclusion Determination are                 R.V. Timme,                                           Division, (504) 671–2139 or email,
                                             available in the docket where indicated                 Captain, U.S. Coast Guard, Captain of the             Shelley.R.Miller@uscg.mil. If you have
                                             under ADDRESSES. We seek any                            Port Ohio Valley.                                     questions on viewing the docket, call
                                             comments or information that may lead                   [FR Doc. 2015–20406 Filed 8–17–15; 8:45 am]           Cheryl Collins, Program Manager,
                                             to the discovery of a significant                       BILLING CODE 9110–04–P                                Docket Operations, telephone 202–366–
                                             environmental impact from this rule.                                                                          9826.
                                             List of Subjects in 33 CFR Part 100                                                                           SUPPLEMENTARY INFORMATION:
                                                                                                     DEPARTMENT OF HOMELAND
                                                                                                     SECURITY                                              Table of Acronyms
                                               Marine safety, Navigation (water),
                                             Reporting and recordkeeping                                                                                   BNM Broadcast Notice to Mariners
                                             requirements, and Waterways.                            Coast Guard                                           COTP Captain of the Port
                                                                                                                                                           DHS Department of Homeland Security
                                               For the reasons discussed in the                      33 CFR Part 165                                       FR Federal Register
                                             preamble, the Coast Guard amends 33                                                                           LNM Local Notice to Mariners
                                             CFR part 100 as follows:                                [Docket No. USCG–2013–1060; 1625–AA00]                NPRM Notice of Proposed Rulemaking

                                             PART 100—SAFETY OF LIFE ON                              Safety Zones; Eighth Coast Guard                      A. Regulatory History and Information
                                             NAVIGABLE WATERWAYS                                     District Annual and Recurring Safety                    The Coast Guard preceded this final
                                                                                                     Zones Update                                          rule with an interim final rule with
                                             ■ 1. The authority citation for part 100                AGENCY:    Coast Guard, DHS.                          request for comments. The interim rule
                                             continues to read as follows:                           ACTION:   Final rule.                                 was published in the Federal Register
                                                 Authority: 33 U.S.C. 1233                                                                                 on April 22, 2014, [79 FR 22398]. The
                                                                                                     SUMMARY:    The Coast Guard is amending               interim rule established separate tables
                                             ■ 2. Temporary § 100.801T08–0337 is                     and updating its current list of recurring            for each of the Sectors operating within
                                             added to read as follows:                               safety zone regulations that take place in            the Coast Guard’s Eighth District and
                                             § 100.35T08–0337 Special Local                          the Eighth Coast Guard District area of               updated the list of recurring safety
                                             Regulation; Tennessee River Mile 647.0 to               responsibility (AOR). This final rule                 zones under 33 CFR 165. Although no
                                             648.0, Knoxville, TN.                                   informs the public of regularly                       adverse comments were received, some
                                                                                                     scheduled events that require additional              comments to further update the
                                                (a) Regulated area. The following
                                                                                                     safety measures through establishing a                recurring list were received. Because the
                                             location is a regulated area: All waters
                                                                                                     safety zone. Through this final rule, the             interim rule and now this final rule
                                             of the Tennessee River beginning at mile
                                                                                                     list of recurring safety zones is updated             establish separate tables for each Sector
                                             marker 647.0 and ending at mile marker
                                                                                                     with revisions, additional events, and                within the Eighth District, further
                                             648.0.
                                                                                                     removal of events that no longer take                 updates will now be made by each
                                                (b) Enforcement period. This section                 place in the Eighth Coast Guard District              Sector individually, impacting only
                                             will be enforced from 10 a.m. to 7 p.m.                 AOR. When these safety zones are                      their table of recurring safety zones.
                                             on September 4 and 5, 2015.                             enforced, vessel traffic is restricted from             The list of annual and recurring safety
                                                (c) Special local regulations. (1) The               specified areas. Additionally, this one               zones occurring in the Eighth Coast
                                             general regulations contained in 33 CFR                 rulemaking project reduces                            Guard District AOR is published under
                                             100.35 as well as the regulations in this               administrative costs involved in                      33 CFR 165.801. That list was originally
                                             section apply to the Regulated Area.                    producing a separate rule for each                    created May 16, 2012 through a
                                                (2) Entry into the Regulated Area is                 individual recurring safety zone and                  previous rulemaking, [77 FR 2876] and
                                             prohibited unless authorized by the                     serves to provide notice of the known                 received no adverse comments.
                                             Captain of the Port Ohio Valley or a                    recurring safety zones throughout the                 B. Basis and Purpose
                                             designated representative.                              year.
                                                                                                                                                              The legal basis for the rule is 33
                                                (3) The Captain of the Port Ohio                     DATES:   This rule is effective August 18,            U.S.C. 1231; 50 U.S.C. 191; 33 CFR
                                             Valley or a designated representative                   2015.                                                 1.05–1, 6.04–1, 6.04–6, and 160.5; and
                                             will inform the public through                          ADDRESSES:   Documents mentioned in                   Department of Homeland Security
                                             broadcast notice to mariners of the                     this preamble are part of Docket Number               Delegation No. 0170.1, which
                                             enforcement period for the special local                [USCG–2013–1060]. To view documents                   collectively authorize the Coast Guard
                                             regulation.                                             mentioned in this preamble as being                   to define regulatory safety zones. The
                                                (4) Persons or vessels requiring entry               available in the docket, go to http://                Coast Guard is amending and updating
                                             into or passage through the Regulated                   www.regulations.gov, type the docket                  the safety zone regulations under 33
                                             Area must request permission from the                   number in the ‘‘SEARCH’’ box and click                CFR part 165 to include the most up to
                                             Captain of the Port Ohio Valley or a                    ‘‘SEARCH.’’ Click on ‘‘Open Docket                    date list of recurring safety zones for
                                             designated representative. U.S. Coast                   Folder’’ on the line associated with this             events held on or around navigable
                                             Guard Sector Ohio Valley may be                         rulemaking. You may also visit the                    waters within the Eighth Coast Guard
                                             contacted on VHF Channel 13 or 16, or                   Docket Management Facility in Room                    District. These events include air shows,
                                             at 1–800–253–7465.                                      W12–140 on the ground floor of the                    fireworks displays, and other marine
                                                (5) All persons and vessels shall                    Department of Transportation West                     related events requiring a limited access
                                             comply with the instructions of the                     Building, 1200 New Jersey Avenue SE.,                 area restricting vessel traffic for safety
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                                             Captain of the Port Ohio Valley and                     Washington, DC 20590, between 9 a.m.                  purposes. The list under 33 CFR
                                             designated U.S. Coast Guard patrol                      and 5 p.m., Monday through Friday,                    165.801 requires amending to provide
                                             personnel. On-scene U.S. Coast Guard                    except Federal holidays.                              new information on existing safety
                                             patrol personnel include commissioned,                  FOR FURTHER INFORMATION CONTACT: If                   zones, and updating to include new
                                             warrant, and petty officers of the U.S.                 you have questions on this rule, call or              safety zones expected to recur annually
                                             Coast Guard.                                            email Shelley R. Miller, Eighth Coast                 or biannually and to remove safety


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                                             49912             Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations

                                             zones that are no longer required.                      2. Impact on Small Entities                           4. Collection of Information
                                             Issuing individual regulations for each                                                                          This rule will not call for a new
                                             new safety zone, amendment, or                             The Regulatory Flexibility Act of 1980
                                                                                                     (RFA), 5 U.S.C. 601–612, as amended,                  collection of information under the
                                             removal of an existing safety zone                                                                            Paperwork Reduction Act of 1995 (44
                                             creates unnecessary administrative costs                requires federal agencies to consider the
                                                                                                     potential impact of regulations on small              U.S.C. 3501–3520).
                                             and burdens. This single rulemaking
                                             considerably reduces administrative                     entities during rulemaking. The term                  5. Federalism
                                             overhead and provides the public with                   ‘‘small entities’’ comprises small                       A rule has implications for federalism
                                             notice through publication in the                       businesses, not-for-profit organizations              under Executive Order 13132,
                                             Federal Register of the upcoming                        that are independently owned and                      Federalism, if it has a substantial direct
                                             recurring safety zone regulations.                      operated and are not dominant in their                effect on the States, on the relationship
                                                                                                     fields, and governmental jurisdictions                between the national government and
                                             C. Discussion of Comments, Changes                      with populations of less than 50,000.
                                             and the Final Rule                                                                                            the States, or on the distribution of
                                                                                                     The Coast Guard certifies under 5 U.S.C.              power and responsibilities among the
                                               No adverse comments were received.                    605(b) that this rule will not have a                 various levels of government. We have
                                             Some comments regarding further                         significant economic impact on a                      analyzed this rule under that Order and
                                             updates to the recurring list were                      substantial number of small entities.                 determined that this rule does not have
                                             received. Because the interim rule and                     This rule may affect the following                 implications for federalism.
                                             now this final rule establish separate                  entities, some of which might be small                6. Protest Activities
                                             tables for each Sector within the Eighth                entities: The owners or operators of
                                             District, further updates will now be                   vessels intending to transit the safety                  The Coast Guard respects the First
                                             made by each sector individually,                       zone areas during periods of                          Amendment rights of protesters.
                                             impacting only their table of recurring                 enforcement. The safety zones will not                Protesters are asked to contact the
                                             safety zones.                                           have a significant economic impact on                 person listed in the FOR FURTHER
                                                                                                     a substantial number of small entities                INFORMATION CONTACT section to
                                               No changes to the rule have been
                                                                                                     because they are limited in scope and                 coordinate protest activities so that your
                                             made from the interim rule and request
                                                                                                     will be in effect for short periods of                message can be received without
                                             for comments.
                                                                                                     time. Before the enforcement period, the              jeopardizing the safety or security of
                                             D. Regulatory Analyses                                  Coast Guard COTP will issue maritime                  people, places or vessels.
                                               We developed this rule after                          advisories widely available to waterway               7. Unfunded Mandates Reform Act
                                             considering numerous statutes and                       users. Deviation from the safety zones
                                                                                                                                                              The Unfunded Mandates Reform Act
                                             executive orders related to rulemaking.                 established through this rulemaking                   of 1995 (2 U.S.C. 1531–1538) requires
                                             Below we summarize our analyses                         may be requested from the appropriate                 Federal agencies to assess the effects of
                                             based on a number of these statutes or                  COTP and requests will be considered                  their discretionary regulatory actions. In
                                             executive orders.                                       on a case-by-case basis.                              particular, the Act addresses actions
                                             1. Regulatory Planning and Review                       3. Assistance for Small Entities                      that may result in the expenditure by a
                                                                                                                                                           State, local, or tribal government, in the
                                               This rule is not a significant                           Under section 213(a) of the Small                  aggregate, or by the private sector of
                                             regulatory action under section 3(f) of                 Business Regulatory Enforcement                       $100,000,000 (adjusted for inflation) or
                                             Executive Order 12866, Regulatory                       Fairness Act of 1996 (Pub. L. 104–121),               more in any one year. Though this rule
                                             Planning and Review, as supplemented                    we want to assist small entities in                   will not result in such an expenditure,
                                             by Executive Order 13563, Improving                     understanding this rule. If the rule                  we do discuss the effects of this rule
                                             Regulation and Regulatory Review, and                   would affect your small business,                     elsewhere in this preamble.
                                             does not require an assessment of                       organization, or governmental
                                                                                                                                                           8. Taking of Private Property
                                             potential costs and benefits under                      jurisdiction and you have questions
                                             section 6(a)(3) of Executive Order 12866                concerning its provisions or options for                 This rule will not cause a taking of
                                             or under section 1 of Executive Order                   compliance, please contact the person                 private property or otherwise have
                                             13563. The Office of Management and                     listed in the FOR FURTHER INFORMATION                 taking implications under Executive
                                             Budget has not reviewed it under those                  CONTACT, above.                                       Order 12630, Governmental Actions and
                                             Orders.                                                                                                       Interference with Constitutionally
                                                                                                        Small businesses may send comments
                                               This rule establishes safety zones                                                                          Protected Property Rights.
                                                                                                     on the actions of Federal employees
                                             limiting access to certain areas under 33               who enforce, or otherwise determine                   9. Civil Justice Reform
                                             CFR 165 within the Eighth Coast Guard                   compliance with, Federal regulations to                  This rule meets applicable standards
                                             District. The effect of this rulemaking                 the Small Business and Agriculture                    in sections 3(a) and 3(b)(2) of Executive
                                             will not be significant because these                   Regulatory Enforcement Ombudsman                      Order 12988, Civil Justice Reform, to
                                             safety zones are limited in scope and                   and the Regional Small Business                       minimize litigation, eliminate
                                             duration.                                               Regulatory Fairness Boards. The                       ambiguity, and reduce burden.
                                               Additionally, the public is given                     Ombudsman evaluates these actions
                                             advance notification through local forms                annually and rates each agency’s                      10. Protection of Children
                                             of notice, the Federal Register, and/or                 responsiveness to small business. If you                We have analyzed this rule under
                                             Notices of Enforcement and thus will be                 wish to comment on actions by                         Executive Order 13045, Protection of
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                                             able to plan operations around the                      employees of the Coast Guard, call 1–                 Children from Environmental Health
                                             safety zones in advance. Deviation from                 888–REG–FAIR (1–888–734–3247). The                    Risks and Safety Risks. This rule is not
                                             the safety zones established through this               Coast Guard will not retaliate against                an economically significant rule and
                                             rulemaking may be requested from the                    small entities that question or complain              does not create an environmental risk to
                                             appropriate COTP and requests will be                   about this rule or any policy or action               health or risk to safety that may
                                             considered on a case-by-case basis.                     of the Coast Guard.                                   disproportionately affect children.


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                                                               Federal Register / Vol. 80, No. 159 / Tuesday, August 18, 2015 / Rules and Regulations                                          49913

                                             11. Indian Tribal Governments                           ENVIRONMENTAL PROTECTION                              Protection Agency, Air Planning and
                                                                                                     AGENCY                                                Development Branch, 11201 Renner
                                                This rule does not have tribal                                                                             Boulevard, Lenexa, Kansas 66219 at
                                             implications under Executive Order                      40 CFR Part 52                                        913–551–7147, or by email at
                                             13175, Consultation and Coordination                                                                          bhesania.amy@epa.gov.
                                             with Indian Tribal Governments,                         [EPA–R07–OAR–2014–0602; FRL–9932–39–
                                                                                                     Region 7]                                             SUPPLEMENTARY INFORMATION:
                                             because it does not have a substantial                                                                        Throughout this document ‘‘we’’, ‘‘us’’,
                                             direct effect on one or more Indian                     Approval and Promulgation of                          or ‘‘our’’ refer to EPA. This section
                                             tribes, on the relationship between the                 Implementation Plans; State of                        provides additional information by
                                             Federal Government and Indian tribes,                   Missouri, Controlling Emissions                       addressing the following:
                                             or on the distribution of power and                     During Episodes of High Air Pollution
                                             responsibilities between the Federal                                                                          I. What is being addressed in this document?
                                                                                                     Potential                                             II. Have the requirements for approval of a
                                             Government and Indian tribes.                                                                                       SIP revision been met?
                                                                                                     AGENCY:  Environmental Protection                     III. EPA’s Response to Comments
                                             12. Energy Effects
                                                                                                     Agency (EPA).                                         IV. What action is EPA taking?
                                               This action is not a ‘‘significant                    ACTION: Final rule.
                                                                                                                                                           I. What is being addressed in this
                                             energy action’’ under Executive Order
                                                                                                     SUMMARY:    The Environmental Protection              document?
                                             13211, Actions Concerning Regulations
                                             That Significantly Affect Energy Supply,                Agency (EPA) is taking final action to                   EPA is taking final action to approve
                                             Distribution, or Use.                                   approve a revision to the State                       a revision to the Missouri SIP received
                                                                                                     Implementation Plan (SIP) submitted by                by EPA on December 17, 2013,
                                             13. Technical Standards                                 the State of Missouri and received by                 pertaining to Missouri regulation 10
                                               This rule does not use technical                      EPA on December 17, 2013, pertaining                  CSR 10–6.130, ‘‘Controlling Emissions
                                             standards. Therefore, we did not                        to Missouri’s regulation ‘‘Controlling                During Episodes of High Air Pollution
                                             consider the use of voluntary consensus                 Emissions During Episodes of High Air                 Potential.’’ This regulation specifies
                                             standards.                                              Pollution Potential.’’ This regulation                conditions that establish air pollution
                                                                                                     specifies conditions that establish air               alerts and emergency alert levels, and
                                             14. Environment                                         pollution alerts and emergency alert                  associated procedures and emission
                                                                                                     levels, and associated procedures and                 reduction objectives statewide. This
                                                We have analyzed this rule under
                                                                                                     emission reduction objectives statewide.              action revises the SIP by amending an
                                             Department of Homeland Security
                                                                                                     This action revises the SIP by amending               existing table in the regulation,
                                             Management Directive 023–01 and
                                                                                                     an existing table in the regulation,                  clarifying requirements of the regulation
                                             Commandant Instruction M16475.lD,
                                                                                                     clarifying requirements of the regulation             related to emission reduction plans and
                                             which guide the Coast Guard in                                                                                other provisions, and makes
                                             complying with the National                             related to emission reduction plans and
                                                                                                     other provisions, and makes                           administrative and format changes all
                                             Environmental Policy Act of 1969                                                                              consistent with Federal regulations.
                                             (NEPA)(42 U.S.C. 4321–4370f), and                       administrative and format changes, all
                                                                                                     consistent with Federal regulations.                  EPA proposed approval of this rule on
                                             have determined that this action is one                                                                       November 4, 2014 at 79 FR 65362.
                                             of a category of actions that do not                    DATES: This final rule is effective on
                                                                                                     September 17, 2015.                                      Specifically, in subsection (1)(A), the
                                             individually or cumulatively have a                                                                           regulation is being revised to clarify the
                                             significant effect on the human                         ADDRESSES: EPA has established a                      applicability of the regulation to all
                                             environment. This rule is categorically                 docket for this action under Docket ID                sources and premises throughout the
                                             excluded from further review under                      No. EPA–R07–OAR–2014–0602. All                        entire state with emissions of sulfur
                                             section 2.B.2 figure 2–1, paragraph 34(g)               documents in the docket are listed on                 dioxide (SO2), carbon monoxide (CO),
                                             of the Commandant Instruction because                   the www.regulations.gov Web site.                     ozone (O3), nitrogen dioxide (NO2) or
                                             it involves the establishment of safety                 Although listed in the index, some                    Particulate Matter—10 Micron (PM10)
                                             zones. An environmental analysis                        information is not publicly available,                and 2.5 Micron (PM2.5) that contribute to
                                             checklist and a categorical exclusion                   i.e., CBI or other information whose                  the air quality levels in the state. This
                                             determination are available in the                      disclosure is restricted by statute.                  clarification is consistent with federal
                                             docket where indicated under the                        Certain other material, such as                       regulations regarding prevention of air
                                             ADDRESSES.                                              copyrighted material, is not placed on                pollution emergency episodes found in
                                                                                                     the Internet and will be publicly                     40 CFR part 51, subpart H.
                                             List of Subjects in 33 CFR Part 165
                                                                                                     available only in hard copy form.                        In addition, specific terms in this
                                               Harbors, Marine safety, Navigation                    Publicly available docket materials are               regulation that were previously defined
                                             (water), Reporting and recordkeeping                    available either electronically through               in section (2) have now been removed
                                             requirements, Security measures,                        www.regulations.gov or in hard copy at                and placed in Missouri regulation 10
                                             Waterways.                                              the Environmental Protection Agency,                  CSR 10–6.020, ‘‘Definitions and
                                                                                                     Air Planning and Development Branch,                  Common Reference Tables.’’
                                               Accordingly, the interim rule                         11201 Renner Boulevard, Lenexa,
                                             amending 33 CFR part 165 that                                                                                    In section (3) of the regulation, table
                                                                                                     Kansas 66219. The Regional Office’s                   A is being amended to remove the
                                             published at 79 FR 22398 on April 22,                   official hours of business are Monday
                                             2014, is adopted as a final rule without                                                                      specific breakpoint values for each
                                                                                                     through Friday, 8:00 a.m. to 4:30 p.m.,               relevant pollutant but retains the Air
                                             change.                                                 excluding Federal holidays. The                       Quality Index (AQI) range values and
rmajette on DSK7SPTVN1PROD with RULES




                                               Dated: July 27, 2015.                                 interested persons wanting to examine                 categories for each pollutant. Because
                                             D.R. Callahan,                                          these documents should make an                        the AQI breakpoint values are updated
                                             Rear Admiral, U.S. Coast Guard, Commander,              appointment with the office at least 24               each time a National Ambient Air
                                             Eighth Coast Guard District.                            hours in advance.                                     Quality Standard (NAAQS) is revised,
                                             [FR Doc. 2015–20250 Filed 8–17–15; 8:45 am]             FOR FURTHER INFORMATION CONTACT:                      removing these values from the table
                                             BILLING CODE 9110–04–P                                  Amy Bhesania, Environmental                           eliminates unnecessary updates to this


                                        VerDate Sep<11>2014   15:22 Aug 17, 2015   Jkt 235001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\18AUR1.SGM   18AUR1



Document Created: 2015-12-15 12:04:31
Document Modified: 2015-12-15 12:04:31
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
ActionFinal rule.
DatesThis rule is effective August 18, 2015.
ContactIf you have questions on this rule, call or email Shelley R. Miller, Eighth Coast Guard District Waterways Management Division, (504) 671-2139 or email, [email protected] If you have questions on viewing the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone 202- 366-9826.
FR Citation80 FR 49911 
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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