80_FR_67528 80 FR 67317 - Safety Zone; Grounded Vessel, Atlantic Ocean, Port St. Lucie, FL

80 FR 67317 - Safety Zone; Grounded Vessel, Atlantic Ocean, Port St. Lucie, FL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 211 (November 2, 2015)

Page Range67317-67319
FR Document2015-27751

The Coast Guard is establishing a temporary safety zone in the waters of the Atlantic Ocean, east of the Port St. Lucie Inlet. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a grounded vessel outside the Port St. Lucie Inlet. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Miami.

Federal Register, Volume 80 Issue 211 (Monday, November 2, 2015)
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Rules and Regulations]
[Pages 67317-67319]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27751]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0992]
RIN 1625-AA00


Safety Zone; Grounded Vessel, Atlantic Ocean, Port St. Lucie, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the 
waters of the Atlantic Ocean, east of the Port St. Lucie Inlet. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by a grounded vessel outside 
the Port St. Lucie Inlet. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Miami.

DATES: This rule is effective without actual notice from November 2, 
2015] until November 15, 2015. For purposes of enforcement, actual 
notice will be used from October 27, 2015 through November 2, 2015.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0992 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Benjamin R. Colbert, Sector Miami Waterways 
Management Division, U.S. Coast Guard; telephone 305-535-4317, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    In the evening of October 26, 2015, the Coast Guard was notified 
that a 60 foot motorized vessel was taking on water in the vicinity of 
the Port St. Lucie Inlet. Over the next several hours attempts to 
refloat the vessel were unsuccessful and the grounded vessel settled on 
the bottom. Local, state, and federal agencies are now engaged in 
emergency salvage operations.
    The Coast Guard is issuing this temporary 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 this rule is being established in 
response to an ongoing emergency situation. Delay in publishing this 
rule would be impracticable because the grounded vessel poses an 
immediate risk public safety. In addition, any delay in the publishing 
of this rule would be contrary to public interest. This rule is needed 
immediately in order to ensure safety of life on the navigable waters 
surrounding this ongoing emergency situation.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. For the same reasons 
discussed above, delay in issuing this rule would be both impracticable 
and contrary to public interest. The rule is in response to an emergent 
safety issue and is needed in order to ensure safety of life in the 
area around this emergency situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Miami (COTP) has determined that 
potential hazards associated with the grounded vessel will be a safety 
concern for anyone within a 100-yard radius of the vessel and equipment 
engaged in salvage operations. This rule is needed to protect 
personnel, vessels, and the marine environment in the navigable waters 
within the safety zone while emergency salvage operations take place.

IV. Discussion of the Rule

    This rule establishes a safety zone from October 27, 2015 through 
November 15, 2015. COTP may cease enforcement of the zone if emergency 
salvage operations end before November 15, 2015. The safety zone will 
cover all navigable waters within 100 yards of vessels and machinery 
being used by personnel to conduct emergency salvage operations. The 
duration of the zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters while emergency salvage 
operations are conducted. No vessel or person will be permitted to 
enter the safety zone without obtaining permission from the COTP or a 
designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders (E.O.s) related to rulemaking. Below we summarize our 
analyses based on a number of these statutes and E.O.s, and we discuss 
First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 and 13563 direct agencies to assess the costs and 
benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, it has not been 
reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the size, 
location, and duration. Vessel traffic will be able to safely transit 
around this safety zone which will impact a small designated area of 
the Atlantic Ocean for a limited duration during emergency salvage 
operations. Moreover, the Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the zone and the rule 
allows vessels to seek permission to enter the zone.

[[Page 67318]]

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    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 
section.
    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.

C. 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).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 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. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. 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.

F. 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 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves an emergency safety zone implemented to protect persons 
and vessels in the vicinity of a grounded vessel. It is categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of the 
Commandant Instruction. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add temporary Sec.  165.T07-0992 to read as follows:


Sec.  165.T07-0992  Safety Zone; Grounded Vessel, Atlantic Ocean; Port 
St. Lucie, FL.

    (a) Regulated area. The following regulated area is a safety zone. 
All waters of the Atlantic Ocean located east of the Port St. Lucie 
Inlet within 100 yards of the grounded vessel located at 27[deg]9'55'' 
N., 080[deg]10'36'' W. and all vessels and machinery assisting in 
emergency salvage operations. All coordinates are North American Datum 
1983.
    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations. (1) Participants and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by Captain of the Port Miami or a 
designated representative.
    (2) Persons and vessels may request authorization to enter, transit 
through, anchor in, or remain within the regulated area by contacting 
the Captain of the Port Miami by telephone at 305-535-4472, or a 
designated representative via VHF radio on channel 16. If authorization 
is granted by the Captain of the Port Miami or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Miami or a 
designated representative.

[[Page 67319]]

    (d) Effective date. This rule will be effective from October 27, 
2015 to November 15, 2015 and will be enforced with actual notice while 
emergency salvage operations are ongoing.

    Dated: October 27, 2015.
M. C. Long,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2015-27751 Filed 10-30-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                   Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations                                        67317

                                                  can arrange their transits to minimize                  I. Table of Abbreviations                             be a safety concern for anyone within a
                                                  any impacts caused by this temporary                    CFR Code of Federal Regulations                       100-yard radius of the vessel and
                                                  deviation.                                              DHS Department of Homeland Security                   equipment engaged in salvage
                                                     In accordance with 33 CFR 117.35(e),                 E.O. Executive order                                  operations. This rule is needed to
                                                  the drawbridge must return to its regular               FR Federal Register                                   protect personnel, vessels, and the
                                                  operating schedule immediately at the                   NPRM Notice of proposed rulemaking                    marine environment in the navigable
                                                  end of the effective period of this                     Pub. L. Public Law                                    waters within the safety zone while
                                                  temporary deviation. This deviation                     § Section                                             emergency salvage operations take
                                                  from the operating regulations is                       U.S.C. United States Code
                                                                                                                                                                place.
                                                  authorized under 33 CFR 117.35.                         II. Background Information and
                                                                                                                                                                IV. Discussion of the Rule
                                                    Dated: October 27, 2015.                              Regulatory History
                                                  Hal R. Pitts,                                              In the evening of October 26, 2015,                   This rule establishes a safety zone
                                                  Bridge Program Manager, Fifth Coast Guard               the Coast Guard was notified that a 60                from October 27, 2015 through
                                                  District.                                               foot motorized vessel was taking on                   November 15, 2015. COTP may cease
                                                  [FR Doc. 2015–27774 Filed 10–30–15; 8:45 am]            water in the vicinity of the Port St.                 enforcement of the zone if emergency
                                                  BILLING CODE 9110–04–P                                  Lucie Inlet. Over the next several hours              salvage operations end before November
                                                                                                          attempts to refloat the vessel were                   15, 2015. The safety zone will cover all
                                                                                                          unsuccessful and the grounded vessel                  navigable waters within 100 yards of
                                                  DEPARTMENT OF HOMELAND                                  settled on the bottom. Local, state, and              vessels and machinery being used by
                                                  SECURITY                                                federal agencies are now engaged in                   personnel to conduct emergency salvage
                                                                                                          emergency salvage operations.                         operations. The duration of the zone is
                                                  Coast Guard                                                The Coast Guard is issuing this                    intended to protect personnel, vessels,
                                                                                                          temporary rule without prior notice and               and the marine environment in these
                                                  33 CFR Part 165                                         opportunity to comment pursuant to                    navigable waters while emergency
                                                  [Docket Number USCG–2015–0992]                          authority under section 4(a) of the                   salvage operations are conducted. No
                                                                                                          Administrative Procedure Act (APA) (5                 vessel or person will be permitted to
                                                  RIN 1625–AA00                                           U.S.C. 553(b)). This provision                        enter the safety zone without obtaining
                                                  Safety Zone; Grounded Vessel,                           authorizes an agency to issue a rule                  permission from the COTP or a
                                                  Atlantic Ocean, Port St. Lucie, FL                      without prior notice and opportunity to               designated representative.
                                                                                                          comment when the agency for good
                                                  AGENCY:    Coast Guard, DHS.                            cause finds that those procedures are                 V. Regulatory Analyses
                                                  ACTION:   Temporary final rule.                         ‘‘impracticable, unnecessary, or contrary
                                                                                                          to the public interest.’’ Under 5 U.S.C.                We developed this rule after
                                                  SUMMARY: The Coast Guard is                             553(b)(B), the Coast Guard finds that                 considering numerous statutes and
                                                  establishing a temporary safety zone in                 good cause exists for not publishing a                executive orders (E.O.s) related to
                                                  the waters of the Atlantic Ocean, east of               notice of proposed rulemaking (NPRM)                  rulemaking. Below we summarize our
                                                  the Port St. Lucie Inlet. The safety zone               with respect to this rule because this                analyses based on a number of these
                                                  is needed to protect personnel, vessels,                rule is being established in response to              statutes and E.O.s, and we discuss First
                                                  and the marine environment from                         an ongoing emergency situation. Delay                 Amendment rights of protestors.
                                                  potential hazards created by a grounded                 in publishing this rule would be                      A. Regulatory Planning and Review
                                                  vessel outside the Port St. Lucie Inlet.                impracticable because the grounded
                                                  Entry of vessels or persons into this                   vessel poses an immediate risk public                    E.O.s 12866 and 13563 direct agencies
                                                  zone is prohibited unless specifically                  safety. In addition, any delay in the                 to assess the costs and benefits of
                                                  authorized by the Captain of the Port                   publishing of this rule would be                      available regulatory alternatives and, if
                                                  Miami.                                                  contrary to public interest. This rule is             regulation is necessary, to select
                                                  DATES: This rule is effective without                   needed immediately in order to ensure                 regulatory approaches that maximize
                                                  actual notice from November 2, 2015]                    safety of life on the navigable waters                net benefits. E.O. 13563 emphasizes the
                                                  until November 15, 2015. For purposes                   surrounding this ongoing emergency                    importance of quantifying both costs
                                                  of enforcement, actual notice will be                   situation.                                            and benefits, of reducing costs, of
                                                  used from October 27, 2015 through                         We are issuing this rule, and under 5              harmonizing rules, and of promoting
                                                  November 2, 2015.                                       U.S.C. 553(d)(3), the Coast Guard finds               flexibility. This rule has not been
                                                                                                          that good cause exists for making it                  designated a ‘‘significant regulatory
                                                  ADDRESSES: To view documents
                                                                                                          effective less than 30 days after                     action,’’ under E.O. 12866. Accordingly,
                                                  mentioned in this preamble as being
                                                                                                          publication in the Federal Register. For              it has not been reviewed by the Office
                                                  available in the docket, go to http://
                                                                                                          the same reasons discussed above, delay               of Management and Budget.
                                                  www.regulations.gov, type USCG–2015–
                                                                                                          in issuing this rule would be both
                                                  0992 in the ‘‘SEARCH’’ box and click                                                                             This regulatory action determination
                                                                                                          impracticable and contrary to public
                                                  ‘‘SEARCH.’’ Click on Open Docket                                                                              is based on the size, location, and
                                                                                                          interest. The rule is in response to an
                                                  Folder on the line associated with this                                                                       duration. Vessel traffic will be able to
                                                                                                          emergent safety issue and is needed in
                                                  rule.                                                                                                         safely transit around this safety zone
                                                                                                          order to ensure safety of life in the area
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  FOR FURTHER INFORMATION CONTACT: If                     around this emergency situation.                      which will impact a small designated
                                                  you have questions on this rule, call or                                                                      area of the Atlantic Ocean for a limited
                                                  email Petty Officer Benjamin R. Colbert,                III. Legal Authority and Need for Rule                duration during emergency salvage
                                                  Sector Miami Waterways Management                          The Coast Guard is issuing this rule               operations. Moreover, the Coast Guard
                                                  Division, U.S. Coast Guard; telephone                   under authority in 33 U.S.C. 1231. The                will issue Broadcast Notice to Mariners
                                                  305–535–4317, email                                     Captain of the Port Miami (COTP) has                  via VHF–FM marine channel 16 about
                                                  Benjamin.R.Colbert@uscg.mil.                            determined that potential hazards                     the zone and the rule allows vessels to
                                                  SUPPLEMENTARY INFORMATION:                              associated with the grounded vessel will              seek permission to enter the zone.


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                                                  67318            Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations

                                                  B. Impact on Small Entities                             responsibilities among the various                    INFORMATION CONTACT section to
                                                     The Regulatory Flexibility Act of                    levels of government. We have analyzed                coordinate protest activities so that your
                                                  1980, 5 U.S.C. 601–612, as amended,                     this rule under that Order and have                   message can be received without
                                                  requires Federal agencies to consider                   determined that it is consistent with the             jeopardizing the safety or security of
                                                  the potential impact of regulations on                  fundamental federalism principles and                 people, places or vessels.
                                                                                                          preemption requirements described in
                                                  small entities during rulemaking. The                                                                         List of Subjects in 33 CFR Part 165
                                                                                                          E.O. 13132.
                                                  term ‘‘small entities’’ comprises small
                                                                                                            Also, this rule does not have tribal                  Harbors, Marine safety, Navigation
                                                  businesses, not-for-profit organizations                implications under E.O. 13175,                        (water), Reporting and recordkeeping
                                                  that are independently owned and                        Consultation and Coordination with                    requirements, Security measures,
                                                  operated and are not dominant in their                  Indian Tribal Governments, because it                 Waterways.
                                                  fields, and governmental jurisdictions                  does not have a substantial direct effect
                                                  with populations of less than 50,000.                                                                           For the reasons discussed in the
                                                                                                          on one or more Indian tribes, on the                  preamble, the Coast Guard amends 33
                                                  The Coast Guard certifies under 5 U.S.C.                relationship between the Federal
                                                  605(b) that this rule will not have a                                                                         CFR part 165 as follows:
                                                                                                          Government and Indian tribes, or on the
                                                  significant economic impact on a                        distribution of power and
                                                  substantial number of small entities.                                                                         PART 165—REGULATED NAVIGATION
                                                                                                          responsibilities between the Federal                  AREAS AND LIMITED ACCESS AREAS
                                                     While some owners or operators of                    Government and Indian tribes. If you
                                                  vessels intending to transit the safety                 believe this rule has implications for                ■ 1. The authority citation for part 165
                                                  zone may be small entities, for the                     federalism or Indian tribes, please                   continues to read as follows:
                                                  reasons stated in section V.A above, this               contact the person listed in the FOR
                                                  rule will not have a significant                                                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                                                                          FURTHER INFORMATION CONTACT section                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  economic impact on any vessel owner                     above.                                                Department of Homeland Security Delegation
                                                  or operator.
                                                                                                                                                                No. 0170.1.
                                                     Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act
                                                  Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    ■ 2. Add temporary § 165.T07–0992 to
                                                  Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 read as follows:
                                                  we want to assist small entities in                     Federal agencies to assess the effects of             § 165.T07–0992 Safety Zone; Grounded
                                                  understanding this rule. If the rule                    their discretionary regulatory actions. In            Vessel, Atlantic Ocean; Port St. Lucie, FL.
                                                  would affect your small business,                       particular, the Act addresses actions
                                                  organization, or governmental                                                                                    (a) Regulated area. The following
                                                                                                          that may result in the expenditure by a
                                                  jurisdiction and you have questions                                                                           regulated area is a safety zone. All
                                                                                                          State, local, or tribal government, in the
                                                  concerning its provisions or options for                                                                      waters of the Atlantic Ocean located
                                                                                                          aggregate, or by the private sector of
                                                  compliance, please contact the person                                                                         east of the Port St. Lucie Inlet within
                                                                                                          $100,000,000 (adjusted for inflation) or
                                                  listed in the FOR FURTHER INFORMATION                                                                         100 yards of the grounded vessel located
                                                                                                          more in any one year. Though this rule
                                                  CONTACT section.                                                                                              at 27°9′55″ N., 080°10′36″ W. and all
                                                                                                          will not result in such an expenditure,
                                                     Small businesses may send comments                                                                         vessels and machinery assisting in
                                                                                                          we do discuss the effects of this rule
                                                  on the actions of Federal employees                                                                           emergency salvage operations. All
                                                                                                          elsewhere in this preamble.
                                                  who enforce, or otherwise determine                                                                           coordinates are North American Datum
                                                  compliance with, Federal regulations to                 F. Environment                                        1983.
                                                  the Small Business and Agriculture                        We have analyzed this rule under                       (b) Definition. The term ‘‘designated
                                                  Regulatory Enforcement Ombudsman                        Department of Homeland Security                       representative’’ means Coast Guard
                                                  and the Regional Small Business                         Management Directive 023–01 and                       Patrol Commanders, including Coast
                                                  Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     Guard coxswains, petty officers, and
                                                  Ombudsman evaluates these actions                       which guide the Coast Guard in                        other officers operating Coast Guard
                                                  annually and rates each agency’s                        complying with the National                           vessels, and Federal, state, and local
                                                  responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  officers designated by or assisting the
                                                  wish to comment on actions by                           U.S.C. 4321–4370f), and have                          Captain of the Port Miami in the
                                                  employees of the Coast Guard, call 1–                   determined that this action is one of a               enforcement of the regulated area.
                                                  888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                          (c) Regulations. (1) Participants and
                                                  Coast Guard will not retaliate against                  individually or cumulatively have a                   vessels are prohibited from entering,
                                                  small entities that question or complain                significant effect on the human                       transiting through, anchoring in, or
                                                  about this rule or any policy or action                 environment. This rule involves an                    remaining within the regulated area
                                                  of the Coast Guard.                                     emergency safety zone implemented to                  unless authorized by Captain of the Port
                                                                                                          protect persons and vessels in the                    Miami or a designated representative.
                                                  C. Collection of Information                                                                                     (2) Persons and vessels may request
                                                                                                          vicinity of a grounded vessel. It is
                                                    This rule will not call for a new                     categorically excluded from further                   authorization to enter, transit through,
                                                  collection of information under the                     review under paragraph 34(g) of Figure                anchor in, or remain within the
                                                  Paperwork Reduction Act of 1995 (44                     2–1 of the Commandant Instruction. We                 regulated area by contacting the Captain
                                                  U.S.C. 3501–3520).                                      seek any comments or information that                 of the Port Miami by telephone at 305–
                                                                                                          may lead to the discovery of a                        535–4472, or a designated
                                                  D. Federalism and Indian Tribal
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                          significant environmental impact from                 representative via VHF radio on channel
                                                  Governments                                                                                                   16. If authorization is granted by the
                                                                                                          this rule.
                                                     A rule has implications for federalism                                                                     Captain of the Port Miami or a
                                                  under E.O. 13132, Federalism, if it has                 G. Protest Activities                                 designated representative, all persons
                                                  a substantial direct effect on the States,                The Coast Guard respects the First                  and vessels receiving such authorization
                                                  on the relationship between the national                Amendment rights of protesters.                       must comply with the instructions of
                                                  government and the States, or on the                    Protesters are asked to contact the                   the Captain of the Port Miami or a
                                                  distribution of power and                               person listed in the FOR FURTHER                      designated representative.


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                                                                   Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Rules and Regulations                                                 67319

                                                     (d) Effective date. This rule will be                California. Some docket materials,                      (xx) The initials PSD mean or refer to
                                                  effective from October 27, 2015 to                      however, may be publicly available only               Prevention of Significant Deterioration.
                                                  November 15, 2015 and will be enforced                  at the hard copy location (e.g.,                        (xxi) The initials PTE mean or refer to
                                                                                                                                                                potential to emit.
                                                  with actual notice while emergency                      voluminous records, maps, copyrighted
                                                                                                                                                                  (xxii) The initials RACT mean or refer to
                                                  salvage operations are ongoing.                         material), and some may not be publicly               reasonably available control technology.
                                                     Dated: October 27, 2015.                             available in either location (e.g., CBI).               (xxiii) The initials SER mean or refer to
                                                  M. C. Long,
                                                                                                          To inspect the hard copy materials,                   significant emission rate.
                                                                                                          please schedule an appointment during                   (xxiv) The initials SIP mean or refer to
                                                  Captain, U.S. Coast Guard, Acting Captain
                                                  of the Port Miami.
                                                                                                          normal business hours with the contact                State Implementation Plan.
                                                                                                          listed in the FOR FURTHER INFORMATION                   (xxv) The initials SMC mean or refer to
                                                  [FR Doc. 2015–27751 Filed 10–30–15; 8:45 am]                                                                  significant monitoring concentration.
                                                                                                          CONTACT section.
                                                  BILLING CODE 9110–04–P                                                                                          (xxvi) The initials SO2 mean or refer to
                                                                                                          FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                                                                                sulfur dioxide.
                                                                                                          Beckham, EPA Region 9, (415) 972–                       (xxvii) The initials SRP mean or refer to the
                                                                                                          3811, beckham.lisa@epa.gov.                           Salt River Project Agricultural Improvement
                                                  ENVIRONMENTAL PROTECTION
                                                  AGENCY                                                  Table of Contents                                     and Power District.
                                                                                                                                                                  (xxviii) The words State or Arizona mean
                                                                                                          I. Background                                         the State of Arizona, unless the context
                                                  40 CFR Part 52                                          II. The EPA’s Evaluation of the SIP Revision          indicates otherwise.
                                                  [EPA–R09–OAR–2015–0187; FRL–9930–43–                       A. What action is the EPA finalizing?                (xxix) The initials TSD mean or refer to the
                                                  Region 9]                                                  B. What changes is the EPA making from             technical support document for this action.
                                                                                                                its proposed action?                              (xxx) The initials VOC mean or refer to
                                                  Revisions to Air Plan; Arizona;                            C. Public Comments and Responses                   volatile organic compound.
                                                  Stationary Sources; New Source                          III. Final Action
                                                  Review                                                  IV. Incorporation by Reference                        I. Background
                                                                                                          V. Statutory and Executive Order Reviews
                                                  AGENCY:  Environmental Protection                                                                                On March 18, 2015, the EPA provided
                                                                                                            For the purpose of this document, we                notice of, and requested public
                                                  Agency (EPA).                                           are giving meaning to certain words or                comment on, our proposed CAA
                                                  ACTION: Final rule.                                     initials as follows:                                  rulemaking to revise certain portions of
                                                  SUMMARY: The Environmental Protection                     (i) The words or initials Act or CAA mean           the Arizona SIP for ADEQ. See 80 FR
                                                  Agency (EPA) is finalizing a limited                    or refer to the Clean Air Act, unless the             14044 (Mar. 18, 2015). We proposed
                                                                                                          context indicates otherwise.                          action on SIP submittals that comprise
                                                  approval and limited disapproval of,
                                                                                                            (ii) The initials ADEQ mean or refer to the
                                                  and other actions on, revisions to the                                                                        ADEQ’s updated program for
                                                                                                          Arizona Department of Environmental
                                                  Arizona Department of Environmental                     Quality.                                              preconstruction review and permitting
                                                  Quality (ADEQ) portion of the                             (iii) The initials A.R.S. mean or refer to the      of new or modified stationary sources
                                                  applicable state implementation plan                    Arizona Revised Statutes.                             under ADEQ’s jurisdiction in Arizona.1
                                                  (SIP) for the State of Arizona (State or                  (iv) The initials AQIA mean or refer to air         The SIP submittals that are the subject
                                                  Arizona) under the Clean Air Act (CAA                   quality impact analysis.                              of this action, referred to herein as the
                                                  or Act). These revisions submitted by                     (v) The initials BACT mean or refer to Best         ‘‘NSR SIP submittal,’’ provide a
                                                                                                          Available Control Technology.                         comprehensive revision to ADEQ’s
                                                  Arizona are primarily intended to serve
                                                                                                            (vi) The initials CFR mean or refer to Code         preconstruction review and permitting
                                                  as a replacement of ADEQ’s existing                     of Federal Regulations.
                                                  SIP-approved rules for the issuance of                    (vii) The initials CO mean or refer to              program for stationary sources and are
                                                  New Source Review (NSR) permits for                     carbon monoxide.                                      intended to satisfy requirements under
                                                  stationary sources, including review and                  (viii) The words EPA, we, us or our mean            both part C (prevention of significant
                                                  permitting of major and minor sources                   or refer to the United States Environmental           deterioration) (PSD) and part D
                                                  under the Act. After a lengthy                          Protection Agency.                                    (nonattainment new source review) of
                                                  stakeholder process, the State submitted                  (ix) The initials FIP mean or refer to              title I of the Act as well as the general
                                                  a NSR program for SIP approval that                     Federal Implementation Plan.                          preconstruction review requirements
                                                                                                            (x) The initials GHG mean or refer to               under section 110(a)(2)(C) of the Act.
                                                  satisfies most of the applicable CAA and
                                                                                                          greenhouse gas.                                          As a component of its NSR SIP
                                                  NSR regulatory requirements, and                          (xi) The initials IBR mean or refer to
                                                  which will significantly update ADEQ’s                                                                        submittal, ADEQ also requested the
                                                                                                          incorporation by reference.
                                                  existing SIP-approved NSR program. It                     (xii) The initials LAER mean or refer to            removal from the Arizona SIP of
                                                  also represents an overall strengthening                Lowest Achievable Emissions Rate.                     numerous older rules, as well as one
                                                  of ADEQ’s SIP-approved NSR program                        (xiii) The initials NAAQS mean or refer to          Arizona statutory provision, which are
                                                  by clarifying and enhancing the NSR                     National Ambient Air Quality Standards.               mostly superseded by the newer
                                                  requirements for major and minor                          (xiv) The initials NA–NSR mean or refer to          provisions that are the subject of this
                                                  stationary sources. This final action                   Nonattainment New Source Review.                      action or by newer provisions that have
                                                                                                            (xv) The initials NOX mean or refer to              already been approved into the Arizona
                                                  updates the applicable plan while
                                                                                                          nitrogen oxides.                                      SIP. Accordingly, our action also will
                                                  allowing ADEQ to remedy certain                           (xvi) The initials NSR mean or refer to New
                                                  deficiencies in ADEQ’s rules.                                                                                 remove certain provisions from the
                                                                                                          Source Review.
                                                  DATES: This rule is effective December 2,                 (xvii) The initials PAL mean or refer to            Arizona SIP.
                                                                                                                                                                   The EPA’s rulemaking action on the
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                  2015.                                                   Plantwide Applicability Limits
                                                                                                            (xviii) The initials PM10 mean or refer to          ADEQ NSR SIP submittal is intended to
                                                  ADDRESSES: EPA has established docket
                                                                                                          particulate matter with an aerodynamic                update the applicable SIP consistent
                                                  number EPA–R09–OAR–2015–0187 for                                                                              with ADEQ’s requests, while allowing
                                                                                                          diameter of less than or equal to 10
                                                  this action. Generally, documents in the                micrometers.                                          ADEQ to remedy certain deficiencies in
                                                  docket for this action are available                      (xix) The initials PM2.5 mean or refer to
                                                  electronically at www.regulations.gov                   particulate matter with an aerodynamic                  1 These submittals and our current action also
                                                  and in hard copy at EPA Region IX, 75                   diameter of less than or equal to 2.5                 address two rules and one statutory provision that
                                                  Hawthorne Street, San Francisco,                        micrometers (fine particulate matter).                are not directly related to NSR.



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Document Created: 2018-03-01 11:30:04
Document Modified: 2018-03-01 11:30:04
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 November 2, 2015] until November 15, 2015. For purposes of enforcement, actual notice will be used from October 27, 2015 through November 2, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Benjamin R. Colbert, Sector Miami Waterways Management Division, U.S. Coast Guard; telephone 305-535-4317, email [email protected]
FR Citation80 FR 67317 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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