80_FR_51288 80 FR 51125 - Security Zone; Martha's Vineyard, Massachusetts

80 FR 51125 - Security Zone; Martha's Vineyard, Massachusetts

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 163 (August 24, 2015)

Page Range51125-51127
FR Document2015-20865

The Coast Guard is establishing two 1000-yard temporary security zones in support of U.S. Secret Service (USSS) security operations in the navigable waters of the U.S. in portions of the coastal areas of Martha's Vineyard, Massachusetts. These security zones are needed to support USSS security operations and will be effective as directed by the USSS within 1000 yards of the navigable waters of the U.S. in portions of the coastal areas of Martha's Vineyard, Massachusetts. Vessel and people are prohibited from entering this security zone unless specifically authorized by the Captain of the Port (COTP) or the COTP's designated on-scene representative.

Federal Register, Volume 80 Issue 163 (Monday, August 24, 2015)
[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Rules and Regulations]
[Pages 51125-51127]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20865]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2015-0731]
RIN 1625-AA87


Security Zone; Martha's Vineyard, Massachusetts

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing two 1000-yard temporary 
security zones in support of U.S. Secret Service (USSS) security 
operations in the navigable waters of the U.S. in portions of the 
coastal areas of Martha's Vineyard, Massachusetts. These security zones 
are needed to support USSS security operations and will be effective as 
directed by the USSS within 1000 yards of the navigable waters of the 
U.S. in portions of the coastal areas of Martha's Vineyard, 
Massachusetts. Vessel and people are prohibited from entering this 
security zone unless specifically authorized by the Captain of the Port 
(COTP) or the COTP's designated on-scene representative.

DATES: This rule is effective without actual notice from 6:30 a.m. on 
August 24, 2015 until 5 p.m. on August 24, 2015. For the purposes of 
enforcement, actual notice will be used from 8 a.m. on August 7, 2015, 
until this rule is effective without actual notice.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket USCG-2015-0731 and are available online 
by going to http://www.regulations.gov, inserting USCG-2015-0731 in the 
``Keyword'' box, and then clicking ``Search.'' They are also available 
for inspection or copying at the Docket Management Facility (M-30), 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, 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 Mr. Edward G. LeBlanc at Sector 
Southeastern New England; telephone (401) 435-2351, email 
[email protected]. If you have questions on viewing the docket, 
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedure Act
CFR Code of Federal Register
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
U.S.C. United States Code
USCG United States Coast Guard
USSS United States Secret Service

A. Regulatory 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 of the sensitive security issues 
related to USSS security operations. Providing a public notice and 
comment period is contrary to national security concerns and the public 
interest.
    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. Any delay encountered in this 
temporary rule's effective date would be contrary to the public 
interest given the immediate need to support USSS security operations 
in portions of the coastal areas of Martha's Vineyard, Massachusetts, 
from August 7, 2015 through August 24, 2015.

B. Basis and Purpose

    The legal basis for this 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; Department of Homeland Security 
Delegation No. 0170.1, which collectively authorize the Coast Guard to 
establish security zones.
    The USSS will conduct security operations on property that borders 
U.S. navigable waters within the Captain of the Port, Southeastern New 
England zone. The USSS has requested that the Coast Guard provide 1000-
yard waterside security zones from portions of the coastal areas of 
Martha's Vineyard, Massachusetts. These security zones are necessary to 
provide security by preventing vessels and persons from approaching the 
area(s) of USSS security operations without prior authorization from 
the COTP.

C. Discussion of Rule

    For the reasons discussed above, the Captain of the Port, Sector 
Southeastern New England, is establishing a temporary security zone. 
The temporary security zone will be enforced from 8:00 a.m. on Friday, 
August 7, 2015 through 5:00 p.m. on Monday, August 24, 2015.
    This action is intended to temporarily prohibit vessels or people 
from approaching within 1000 yards of USSS security operations in 
portions of the coastal areas of Martha's Vineyard, Massachusetts.
    The Captain of the Port, Southeastern New England, anticipates 
negligible negative impact on vessel traffic from these temporary 
security zones, as they will be in effect for only eighteen days, and 
will only be enforced during USSS security operations in portions of 
the coastal areas of Martha's Vineyard, Massachusetts. It has been 
determined that the necessary security enhancements provided by this 
rule greatly outweigh any potential negative impacts.

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, and does 
not

[[Page 51126]]

require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order.
    The Coast Guard expects the economic impact of this rule to be so 
minimal that a full regulatory evaluation under the regulatory policies 
and procedures of DHS is unnecessary. The effect of this rule will not 
be significant as the duration of the security zones is for only 
eighteen days, and will only be in effect during USSS security 
operations from portions of the coastal areas of Martha's Vineyard, 
Massachusetts.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. 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 may be 
small entities: The owners and operators of vessels intending to 
transit in the vicinity of Martha's Vineyard, Massachusetts from 8:00 
a.m. on Friday, August 7, 2015 until 5:00 p.m. on Monday, August 24, 
2015. These temporary security zones will not have a significant impact 
on a substantial number of small entities for all of the reasons 
discussed in the ``Regulatory Planning and Review'' section above.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking process. If you 
think your small business or organization would be affected by this 
rule and you have any questions concerning its provisions or options 
for compliance, please call Mr. Edward G. LeBlanc at (401) 435-2351.

4. Collection of Information

    This rule calls for no 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 State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it 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 From Environmental Health Risks

    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

    We have analyzed this rule 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 which do not individually 
or cumulatively have a significant effect on the human environment. 
This rule is categorically excluded, under figure 2-1, paragraph 
(34)(g) of the Instruction. This rule fits the category selected from 
paragraph (34)(g), as it establishes temporary security zones for a 
limited period of time. An environmental analysis checklist and a 
categorical exclusion determination will be 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), Reports and record 
keeping requirements, Security measures, and 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 Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T01-0731 to read as follows:

[[Page 51127]]

Sec.  165.T01-0731  Security Zone; Martha's Vineyard, Massachusetts.

    (a) Location. The following areas are security zones: All navigable 
waters, from surface to bottom, within 1000 yards of U.S. Secret 
Service security operations in the navigable waters of the U.S. in the 
coastal areas of Martha's Vineyard, Massachusetts.
    (b) Notification. Coast Guard Sector Southeastern New England will 
give actual notice to mariners for the purpose of enforcement of these 
temporary security zones.
    (c) Effective and Enforcement Period. This section will be enforced 
from 8:00 a.m. on Friday, August 7, 2015 until 5:00 p.m. on Monday, 
August 24, 2015.
    (d) Regulations. (1) The general regulations contained in 33 CFR 
165.33 apply.
    (2) In accordance with the general regulations in Sec.  165.33 of 
this part, entry into or movement within these zones is prohibited 
unless authorized by the Captain of the Port or his designated 
representatives.
    (3) The ``designated representative'' is any Coast Guard 
commissioned, warrant, or petty officer who has been designated by the 
Captain of the Port to act on his behalf. The on-scene representative 
may be on a Coast Guard vessel, or onboard a federal, state, or local 
agency vessel that is authorized to act in support of the Coast Guard.
    (4) Upon being hailed by a U.S. Coast Guard vessel or his 
designated representative, by siren, radio, flashing light or other 
means, the operator of the vessel shall proceed as directed.
    (5) Vessel operators desiring to enter or operate within these 
security zones shall contact the Captain of the Port or his designated 
representative via VHF channel 16 to obtain permission to do so.

    Dated: August 4, 2015.
J.T. Kondratowicz,
Captain, U.S. Coast Guard, Captain of the Port, Southeastern New 
England.
[FR Doc. 2015-20865 Filed 8-21-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations                                          51125

                                             order for documents to be timely                        on August 7, 2015, until this rule is                 security operations in portions of the
                                             received and accepted. The EDGAR                        effective without actual notice.                      coastal areas of Martha’s Vineyard,
                                             Filer Manual is available for Web site                  ADDRESSES: Documents indicated in this                Massachusetts, from August 7, 2015
                                             viewing and printing; the address for                   preamble as being available in the                    through August 24, 2015.
                                             the Filer Manual is http://www.sec.gov/                 docket are part of docket USCG–2015–                  B. Basis and Purpose
                                             info/edgar.shtml. You can obtain paper                  0731 and are available online by going
                                             copies of the EDGAR Filer Manual from                   to http://www.regulations.gov, inserting                The legal basis for this rule is 33
                                             the following address: Public Reference                 USCG–2015–0731 in the ‘‘Keyword’’                     U.S.C. 1231; 50 U.S.C. 191; 33 CFR
                                             Room, U.S. Securities and Exchange                      box, and then clicking ‘‘Search.’’ They               1.05–1, 6.04–1, 6.04–6, 160.5;
                                             Commission, 100 F Street NE.,                           are also available for inspection or                  Department of Homeland Security
                                             Washington, DC 20549, on official                       copying at the Docket Management                      Delegation No. 0170.1, which
                                             business days between the hours of                      Facility (M–30), U.S. Department of                   collectively authorize the Coast Guard
                                             10:00 a.m. and 3:00 p.m. You can also                   Transportation, West Building Ground                  to establish security zones.
                                             inspect the document at the National                    Floor, Room W12–140, 1200 New Jersey                    The USSS will conduct security
                                             Archives and Records Administration                     Avenue SE., Washington, DC 20590,                     operations on property that borders U.S.
                                             (NARA). For information on the                          between 9 a.m. and 5 p.m., Monday                     navigable waters within the Captain of
                                             availability of this material at NARA,                  through Friday, except Federal holidays.              the Port, Southeastern New England
                                             call 202–741–6030, or go to: http://                                                                          zone. The USSS has requested that the
                                                                                                     FOR FURTHER INFORMATION CONTACT: If
                                             www.archives.gov/federal_register/                                                                            Coast Guard provide 1000-yard
                                                                                                     you have questions on this temporary
                                             code_of_federal_regulations/ibr_                                                                              waterside security zones from portions
                                                                                                     rule, call or email Mr. Edward G.
                                             locations.html.                                                                                               of the coastal areas of Martha’s
                                                                                                     LeBlanc at Sector Southeastern New
                                                                                                                                                           Vineyard, Massachusetts. These security
                                               By the Commission.                                    England; telephone (401) 435–2351,
                                                                                                                                                           zones are necessary to provide security
                                               Dated: August 3, 2015.                                email Edward.G.LeBlanc@uscg.mil. If
                                                                                                                                                           by preventing vessels and persons from
                                             Brent J. Fields,                                        you have questions on viewing the
                                                                                                                                                           approaching the area(s) of USSS
                                             Secretary.                                              docket, call Cheryl Collins, Program
                                                                                                                                                           security operations without prior
                                                                                                     Manager, Docket Operations, telephone
                                             [FR Doc. 2015–20720 Filed 8–21–15; 8:45 am]                                                                   authorization from the COTP.
                                                                                                     202–366–9826.
                                             BILLING CODE 8011–01–P
                                                                                                     SUPPLEMENTARY INFORMATION:                            C. Discussion of Rule
                                                                                                     Table of Acronyms                                       For the reasons discussed above, the
                                             DEPARTMENT OF HOMELAND                                                                                        Captain of the Port, Sector Southeastern
                                                                                                     APA Administrative Procedure Act                      New England, is establishing a
                                             SECURITY                                                CFR Code of Federal Register
                                                                                                     DHS Department of Homeland Security
                                                                                                                                                           temporary security zone. The temporary
                                             Coast Guard                                             FR Federal Register                                   security zone will be enforced from 8:00
                                                                                                     NPRM Notice of Proposed Rulemaking                    a.m. on Friday, August 7, 2015 through
                                             33 CFR Part 165                                         U.S.C. United States Code                             5:00 p.m. on Monday, August 24, 2015.
                                                                                                     USCG United States Coast Guard                          This action is intended to temporarily
                                             [USCG–2015–0731]                                        USSS United States Secret Service                     prohibit vessels or people from
                                             RIN 1625–AA87                                           A. Regulatory Information                             approaching within 1000 yards of USSS
                                                                                                                                                           security operations in portions of the
                                             Security Zone; Martha’s Vineyard,                          The Coast Guard is issuing this                    coastal areas of Martha’s Vineyard,
                                             Massachusetts                                           temporary final rule without prior                    Massachusetts.
                                                                                                     notice and opportunity to comment                       The Captain of the Port, Southeastern
                                             AGENCY:    Coast Guard, DHS.                            pursuant to authority under section 4(a)              New England, anticipates negligible
                                             ACTION:   Temporary final rule.                         of the Administrative Procedure Act                   negative impact on vessel traffic from
                                                                                                     (APA) (5 U.S.C. 553(b)). This provision               these temporary security zones, as they
                                             SUMMARY:   The Coast Guard is                           authorizes an agency to issue a rule                  will be in effect for only eighteen days,
                                             establishing two 1000-yard temporary                    without prior notice and opportunity to               and will only be enforced during USSS
                                             security zones in support of U.S. Secret                comment when the agency for good                      security operations in portions of the
                                             Service (USSS) security operations in                   cause finds that those procedures are                 coastal areas of Martha’s Vineyard,
                                             the navigable waters of the U.S. in                     ‘‘impracticable, unnecessary, or contrary             Massachusetts. It has been determined
                                             portions of the coastal areas of Martha’s               to the public interest.’’ Under 5 U.S.C.              that the necessary security
                                             Vineyard, Massachusetts. These security                 553(b)(B), the Coast Guard finds that                 enhancements provided by this rule
                                             zones are needed to support USSS                        good cause exists for not publishing a                greatly outweigh any potential negative
                                             security operations and will be effective               notice of proposed rulemaking (NPRM)                  impacts.
                                             as directed by the USSS within 1000                     with respect to this rule because of the
                                             yards of the navigable waters of the U.S.               sensitive security issues related to USSS             D. Regulatory Analyses
                                             in portions of the coastal areas of                     security operations. Providing a public                 We developed this rule after
                                             Martha’s Vineyard, Massachusetts.                       notice and comment period is contrary                 considering numerous statutes and
                                             Vessel and people are prohibited from                   to national security concerns and the                 executive orders related to rulemaking.
                                             entering this security zone unless                      public interest.                                      Below we summarize our analyses
                                             specifically authorized by the Captain of                  Under 5 U.S.C. 553(d)(3), the Coast                based on these statutes and executive
                                             the Port (COTP) or the COTP’s                           Guard finds that good cause exists for
rmajette on DSK2VPTVN1PROD with RULES




                                                                                                                                                           orders.
                                             designated on-scene representative.                     making this rule effective less than 30
                                             DATES: This rule is effective without                   days after publication in the Federal                 1. Regulatory Planning and Review
                                             actual notice from 6:30 a.m. on August                  Register. Any delay encountered in this                  This rule is not a ‘‘significant
                                             24, 2015 until 5 p.m. on August 24,                     temporary rule’s effective date would be              regulatory action’’ under section 3(f) of
                                             2015. For the purposes of enforcement,                  contrary to the public interest given the             Executive Order 12866, Regulatory
                                             actual notice will be used from 8 a.m.                  immediate need to support USSS                        Planning and Review, and does not


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                                             51126             Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations

                                             require an assessment of potential costs                5. Federalism                                         because it does not have a substantial
                                             and benefits under section 6(a)(3) of that                 A rule has implications for federalism             direct effect on one or more Indian
                                             Order. The Office of Management and                     under Executive Order 13132,                          tribes, on the relationship between the
                                             Budget has not reviewed it under that                   Federalism, if it has a substantial direct            Federal Government and Indian tribes,
                                             Order.                                                  effect on State or local governments and              or on the distribution of power and
                                                The Coast Guard expects the                          would either preempt State law or                     responsibilities between the Federal
                                             economic impact of this rule to be so                   impose a substantial direct cost of                   Government and Indian tribes.
                                             minimal that a full regulatory evaluation               compliance on them. We have analyzed
                                             under the regulatory policies and                                                                             12. Energy Effects
                                                                                                     this rule under that Order and have
                                             procedures of DHS is unnecessary. The                                                                           We have analyzed this rule under
                                                                                                     determined that it does not have
                                             effect of this rule will not be significant                                                                   Executive Order 13211, Actions
                                                                                                     implications for federalism.
                                             as the duration of the security zones is                                                                      Concerning Regulations That
                                             for only eighteen days, and will only be                6. Protest Activities                                 Significantly Affect Energy Supply,
                                             in effect during USSS security                             The Coast Guard respects the First                 Distribution, or Use.
                                             operations from portions of the coastal                 Amendment rights of protesters.                       13. Technical Standards
                                             areas of Martha’s Vineyard,                             Protesters are asked to contact the
                                             Massachusetts.                                          person listed in the FOR FURTHER                        This rule does not use technical
                                                                                                                                                           standards. Therefore, we did not
                                             2. Impact on Small Entities                             INFORMATION CONTACT section to
                                                                                                                                                           consider the use of voluntary consensus
                                                                                                     coordinate protest activities so that your
                                                Under the Regulatory Flexibility Act                                                                       standards.
                                                                                                     message can be received without
                                             (5 U.S.C. 601–612), we have considered                  jeopardizing the safety or security of                14. Environment
                                             whether this rule would have a                          people, places, or vessels.
                                             significant economic impact on a                                                                                We have analyzed this rule under
                                             substantial number of small entities.                   7. Unfunded Mandates Reform Act                       Department of Homeland Security
                                             The term ‘‘small entities’’ comprises                      The Unfunded Mandates Reform Act                   Management Directive 023–01 and
                                             small businesses, not-for-profit                        of 1995 (2 U.S.C. 1531–1538) requires                 Commandant Instruction M16475.lD,
                                             organizations that are independently                    Federal agencies to assess the effects of             which guide the Coast Guard in
                                             owned and operated and are not                          their discretionary regulatory actions. In            complying with the National
                                             dominant in their fields, and                           particular, the Act addresses actions                 Environmental Policy Act of 1969
                                             governmental jurisdictions with                         that may result in the expenditure by a               (NEPA)(42 U.S.C. 4321–4370f), and
                                             populations of less than 50,000.                        State, local, or tribal government, in the            have concluded this action is one of a
                                                The Coast Guard certifies under 5                    aggregate, or by the private sector of                category of actions which do not
                                             U.S.C. 605(b) that this rule will not have              $100,000,000 (adjusted for inflation) or              individually or cumulatively have a
                                             a significant economic impact on a                      more in any one year. Though this rule                significant effect on the human
                                             substantial number of small entities.                   will not result in such an expenditure,               environment. This rule is categorically
                                                This rule may affect the following                   we do discuss the effects of this rule                excluded, under figure 2–1, paragraph
                                             entities, some of which may be small                    elsewhere in this preamble.                           (34)(g) of the Instruction. This rule fits
                                             entities: The owners and operators of                                                                         the category selected from paragraph
                                             vessels intending to transit in the                     8. Taking of Private Property                         (34)(g), as it establishes temporary
                                             vicinity of Martha’s Vineyard,                             This rule will not cause a taking of               security zones for a limited period of
                                             Massachusetts from 8:00 a.m. on Friday,                 private property or otherwise have                    time. An environmental analysis
                                             August 7, 2015 until 5:00 p.m. on                       taking implications under Executive                   checklist and a categorical exclusion
                                             Monday, August 24, 2015. These                          Order 12630, Governmental Actions and                 determination will be available in the
                                             temporary security zones will not have                  Interference with Constitutionally                    docket where indicated under
                                             a significant impact on a substantial                   Protected Property Rights.                            ADDRESSES. We seek any comments or
                                             number of small entities for all of the                                                                       information that may lead to the
                                             reasons discussed in the ‘‘Regulatory                   9. Civil Justice Reform                               discovery of a significant environmental
                                             Planning and Review’’ section above.                       This rule meets applicable standards               impact from this rule.
                                                                                                     in sections 3(a) and 3(b)(2) of Executive
                                             3. Assistance for Small Entities                                                                              List of Subjects in 33 CFR Part 165
                                                                                                     Order 12988, Civil Justice Reform, to
                                                Under section 213(a) of the Small                    minimize litigation, eliminate                          Harbors, Marine safety, Navigation
                                             Business Regulatory Enforcement                         ambiguity, and reduce burden.                         (water), Reports and record keeping
                                             Fairness Act of 1996 (Pub. L. 104–121),                                                                       requirements, Security measures, and
                                             we offer to assist small entities in                    10. Protection of Children From                       Waterways.
                                             understanding the rule so that they                     Environmental Health Risks                              For the reasons discussed in the
                                             could better evaluate its effects on them                 We have analyzed this rule under                    preamble, the Coast Guard amends 33
                                             and participate in the rulemaking                       Executive Order 13045, Protection of                  CFR part 165 as follows:
                                             process. If you think your small                        Children from Environmental Health
                                             business or organization would be                       Risks and Safety Risks. This rule is not              PART 165—REGULATED NAVIGATION
                                             affected by this rule and you have any                  an economically significant rule and                  AREAS AND LIMITED ACCESS AREAS
                                             questions concerning its provisions or                  does not create an environmental risk to
                                             options for compliance, please call Mr.                 health or risk to safety that may                     ■ 1. The authority citation for part 165
                                                                                                                                                           continues to read as follows:
rmajette on DSK2VPTVN1PROD with RULES




                                             Edward G. LeBlanc at (401) 435–2351.                    disproportionately affect children.
                                                                                                                                                             Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             4. Collection of Information                            11. Indian Tribal Governments                         33 CFR 1.05–1, 6.04–1, 6.04–6, and
                                                This rule calls for no new collection                  This rule does not have tribal                      Department of Homeland Security Delegation
                                             of information under the Paperwork                      implications under Executive Order                    No. 0170.1.
                                             Reduction Act of 1995 (44 U.S.C. 3501–                  13175, Consultation and Coordination                  ■ 2. Add § 165.T01–0731 to read as
                                             3520).                                                  with Indian Tribal Governments,                       follows:


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                                                               Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Rules and Regulations                                         51127

                                             § 165.T01–0731 Security Zone; Martha’s                  ACTION:   Direct final rule.                          of operation, and special arrangements
                                             Vineyard, Massachusetts.                                                                                      should be made for deliveries of boxed
                                                (a) Location. The following areas are                SUMMARY:    The Environmental Protection              information. The Regional Office official
                                             security zones: All navigable waters,                   Agency (EPA) is making determinations                 hours of business are Monday through
                                             from surface to bottom, within 1000                     under the Clean Air Act (CAA) that the                Friday, 8:30 a.m. to 4:30 p.m., excluding
                                             yards of U.S. Secret Service security                   Chicago, Illinois and Eagan, Minnesota                Federal holidays.
                                             operations in the navigable waters of the               nonattainment areas (hereafter also
                                                                                                                                                              Instructions: Direct your comments to
                                             U.S. in the coastal areas of Martha’s                   referred to, respectively, as the ‘‘Chicago
                                                                                                                                                           Docket ID No. EPA–R05–OAR–2015–
                                             Vineyard, Massachusetts.                                area,’’ ‘‘Eagan area,’’ or ‘‘areas’’) have
                                                                                                                                                           0408 (Chicago area) or EPA–R05–OAR–
                                                (b) Notification. Coast Guard Sector                 attained the 2008 lead (Pb) national
                                                                                                                                                           2015–0409 (Eagan area). EPA’s policy is
                                             Southeastern New England will give                      ambient air quality standard (NAAQS or
                                                                                                     standard). These determinations of                    that all comments received will be
                                             actual notice to mariners for the purpose                                                                     included in the public docket without
                                             of enforcement of these temporary                       attainment are based upon complete,
                                                                                                     quality-assured, and certified ambient                change and may be made available
                                             security zones.                                                                                               online at www.regulations.gov,
                                                (c) Effective and Enforcement Period.                air monitoring data for the 2012–2014
                                                                                                     design period showing that the areas                  including any personal information
                                             This section will be enforced from 8:00
                                                                                                     have achieved attainment of the 2008 Pb               provided, unless the comment includes
                                             a.m. on Friday, August 7, 2015 until
                                                                                                     NAAQS. Additionally, as a result of                   information claimed to be Confidential
                                             5:00 p.m. on Monday, August 24, 2015.
                                                (d) Regulations. (1) The general                     these determinations, EPA is                          Business Information (CBI) or other
                                             regulations contained in 33 CFR 165.33                  suspending the requirements for the                   information whose disclosure is
                                             apply.                                                  areas to submit attainment                            restricted by statute. Do not submit
                                                (2) In accordance with the general                   demonstrations, and associated                        information that you consider to be CBI
                                             regulations in § 165.33 of this part, entry             reasonably available control measures                 or otherwise protected through
                                             into or movement within these zones is                  (RACM), reasonable further progress                   www.regulations.gov or email. The
                                             prohibited unless authorized by the                     (RFP) plans, contingency measures for                 www.regulations.gov Web site is an
                                             Captain of the Port or his designated                   failure to meet RFP, and attainment                   ‘‘anonymous access’’ system, which
                                             representatives.                                        deadlines, for as long as the areas                   means EPA will not know your identity
                                                (3) The ‘‘designated representative’’ is             continue to attain the 2008 Pb NAAQS.                 or contact information unless you
                                             any Coast Guard commissioned,                           This action does not constitute a                     provide it in the body of your comment.
                                             warrant, or petty officer who has been                  redesignation of the areas to attainment              If you send an email comment directly
                                             designated by the Captain of the Port to                of the 2008 Pb NAAQS; the areas remain                to EPA without going through
                                             act on his behalf. The on-scene                         designated nonattainment until such                   www.regulations.gov your email address
                                             representative may be on a Coast Guard                  time as EPA determines that the areas                 will be automatically captured and
                                             vessel, or onboard a federal, state, or                 meet the CAA requirements for                         included as part of the comment that is
                                             local agency vessel that is authorized to               redesignation to attainment and takes                 placed in the public docket and made
                                             act in support of the Coast Guard.                      action to redesignate the areas.                      available on the Internet. If you submit
                                                (4) Upon being hailed by a U.S. Coast                DATES: This direct final rule will be
                                                                                                                                                           an electronic comment, EPA
                                             Guard vessel or his designated                          effective October 23, 2015, unless EPA                recommends that you include your
                                             representative, by siren, radio, flashing               receives adverse comments by                          name and other contact information in
                                             light or other means, the operator of the               September 23, 2015. If adverse                        the body of your comment and with any
                                             vessel shall proceed as directed.                       comments are received, EPA will                       disk or CD–ROM you submit. If EPA
                                                (5) Vessel operators desiring to enter               publish a timely withdrawal of the                    cannot read your comment due to
                                             or operate within these security zones                  direct final rule in the Federal Register             technical difficulties and cannot contact
                                             shall contact the Captain of the Port or                informing the public that the rule will               you for clarification, EPA may not be
                                             his designated representative via VHF                   not take effect.                                      able to consider your comment.
                                             channel 16 to obtain permission to do                                                                         Electronic files should avoid the use of
                                                                                                     ADDRESSES: Submit your comments,
                                             so.                                                                                                           special characters, any form of
                                                                                                     identified by Docket ID No. EPA–R05–
                                               Dated: August 4, 2015.                                                                                      encryption, and be free of any defects or
                                                                                                     OAR–2015–0408 (Chicago area) or EPA–
                                                                                                                                                           viruses.
                                             J.T. Kondratowicz,                                      R05–OAR–2015–0409 (Eagan area), by
                                                                                                     one of the following methods:                            Docket: All documents in the docket
                                             Captain, U.S. Coast Guard, Captain of the
                                             Port, Southeastern New England.                            1. www.regulations.gov: Follow the                 are listed in the www.regulations.gov
                                                                                                     on-line instructions for submitting                   index. Although listed in the index,
                                             [FR Doc. 2015–20865 Filed 8–21–15; 8:45 am]
                                                                                                     comments.                                             some information is not publicly
                                             BILLING CODE 9110–04–P
                                                                                                        2. Email: aburano.douglas@epa.gov.                 available, e.g., CBI or other information
                                                                                                        3. Fax: (312) 408–2279.                            whose disclosure is restricted by statute.
                                                                                                        4. Mail: Douglas Aburano, Chief,                   Certain other material, such as
                                             ENVIRONMENTAL PROTECTION                                                                                      copyrighted material, will be publicly
                                                                                                     Attainment Planning and Maintenance
                                             AGENCY                                                                                                        available only in hard copy. Publicly
                                                                                                     Section, Air Programs Branch (AR–18J),
                                             40 CFR Part 52                                          U.S. Environmental Protection Agency,                 available docket materials are available
                                                                                                     77 West Jackson Boulevard, Chicago,                   either electronically in
                                             [EPA–R05–OAR–2015–0408; EPA–R05–                        Illinois 60604.                                       www.regulations.gov or in hard copy at
                                             OAR–2015–0409; FRL–9932–63–Region 5]                       5. Hand Delivery: Douglas Aburano,                 the Environmental Protection Agency,
                                                                                                     Chief, Attainment Planning and                        Region 5, Air and Radiation Division, 77
rmajette on DSK2VPTVN1PROD with RULES




                                             Air Plan Approval; IL; MN;
                                                                                                     Maintenance Section, Air Programs                     West Jackson Boulevard, Chicago,
                                             Determinations of Attainment of the
                                                                                                     Branch (AR–18J), U.S. Environmental                   Illinois 60604. This facility is open from
                                             2008 Lead Standard for Chicago and
                                                                                                     Protection Agency, 77 West Jackson                    8:30 a.m. to 4:30 p.m., Monday through
                                             Eagan
                                                                                                     Boulevard, Chicago, Illinois 60604.                   Friday, excluding Federal holidays. We
                                             AGENCY: Environmental Protection                        Such deliveries are only accepted                     recommend that you telephone Eric
                                             Agency (EPA).                                           during the Regional Office normal hours               Svingen, Environmental Engineer, at


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Document Created: 2015-12-15 10:55:24
Document Modified: 2015-12-15 10:55:24
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
ActionTemporary final rule.
DatesThis rule is effective without actual notice from 6:30 a.m. on August 24, 2015 until 5 p.m. on August 24, 2015. For the purposes of enforcement, actual notice will be used from 8 a.m. on August 7, 2015, until this rule is effective without actual notice.
ContactIf you have questions on this temporary rule, call or email Mr. Edward G. LeBlanc at Sector Southeastern New England; telephone (401) 435-2351, 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 51125 
RIN Number1625-AA87
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reports and Record Keeping Requirements; Security Measures and Waterways

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