81_FR_27102 81 FR 27015 - Anchorage Regulations; Delaware River, Philadelphia, PA

81 FR 27015 - Anchorage Regulations; Delaware River, Philadelphia, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 87 (May 5, 2016)

Page Range27015-27017
FR Document2016-10577

The Coast Guard is amending the geographic coordinates and modifying the regulated use of anchorage ``10'' in the Delaware River in the vicinity of the Navy Yard in Philadelphia, Pennsylvania. The change alters the size and use of the anchorage, reducing the anchorage in size and allowing the anchorage to be used as a general anchorage ground in the Delaware River.

Federal Register, Volume 81 Issue 87 (Thursday, May 5, 2016)
[Federal Register Volume 81, Number 87 (Thursday, May 5, 2016)]
[Rules and Regulations]
[Pages 27015-27017]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10577]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2015-0825]
RIN 1625-AA01


Anchorage Regulations; Delaware River, Philadelphia, PA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending the geographic coordinates and 
modifying the regulated use of anchorage ``10'' in the Delaware River 
in the vicinity of the Navy Yard in Philadelphia, Pennsylvania. The 
change alters the size and use of the anchorage, reducing the anchorage 
in size and allowing the anchorage to be used as a general anchorage 
ground in the Delaware River.

DATES: This rule is effective June 6, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2015-0825 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

[[Page 27016]]


FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, call or email Lieutenant Brennan Dougherty, U.S. Coast 
Guard Sector Delaware Bay, Chief Waterways Management Division; 
telephone (215) 271-4851, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background Information and Regulatory History

    On December 12, 1967, the Coast Guard published a final rule (32 FR 
17726, 17749) establishing an anchorage ground on the Delaware River in 
Philadelphia, Pennsylvania in 33 CFR part 110. The anchorage ground 
established is contained in 33 CFR 110.157(a)(11). The anchorage 
currently remains unused by the Navy Yard. Removing the restrictions on 
anchorage ``10'' will alleviate congestion within the port, allowing 
the anchorage to be used as a general anchorage for commercial traffic.
    On January 5, 2016, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Anchorage Regulations, Delaware River; 
Philadelphia, PA (81 FR 194). It proposed to change the shape and the 
dimensions of anchorage ``10'', and to remove the ``restricted naval 
anchorage'' verbiage from Sec.  110.157(a)(11). We invited comments on 
this proposed change. During the comment period that ended February 4, 
2016, we received no public comments, but we did receive a comment from 
National Oceanic and Atmospheric Administration (NOAA) which we discuss 
below.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
471, 1221 through 1236, and 2071; and in 33 CFR 1.05-1.
    This rule changes the shape and the dimensions of anchorage ``10.'' 
The anchorage currently remains unused by the Navy Yard. Removing the 
restrictions on anchorage ``10'' will alleviate congestion within the 
port by allowing the anchorage to be used as a general anchorage ground 
for commercial traffic.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no public comments on our NPRM 
published January 5, 2016. Based on comments from NOAA, however, we 
make two changes in the regulatory text of this rule from our proposed.
    The first change identifies the horizontal reference datum for the 
latitudes and longitudes of the boundaries of the anchorage grounds as 
the World Geodetic System 1984 (WGS 84). The second change replaces the 
verbiage ``West Horseshoe Range'' with ``Eagle Point Range'' within the 
anchorage rule text. The original anchorage regulation, 33 CFR 
110.157(a)(11) Anchorage 10, uses ``West Horseshoe Range'' as a 
boundary reference, however, the National Oceanic and Atmospheric 
Administration (NOAA) Nautical Charts identifies the range as ``Eagle 
Point Range''. Therefore, we changed the boundary reference in our rule 
from ``West Horseshoe Range'' to ``Eagle Point Range.''
    The revised anchorage ground runs parallel to the north side of the 
channel along Eagle Point range, is narrower north to south, and is 
slightly longer east to west than the existing anchorage ground. 
Additionally, as proposed, we removed the ``restricted naval 
anchorage'' verbiage from the regulation. This permits commercial and 
other vessels to anchor within its bounds. The regulatory text appears 
at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders.

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 Executive Order 12866. Accordingly, it has 
not been reviewed by the Office of Management and Budget.
    This rule is not a significant regulatory action because it will 
not interfere with existing maritime activity on the Delaware River. 
Moreover, it enhances navigational safety along the Delaware River by 
providing an additional anchorage for commercial and recreational 
vessels. The anchorage maintains the same parallel distance along the 
channel boundaries as the existing anchorage. The impacts to 
navigational safety are expected to be minimal because the anchorage 
area will not unnecessarily restrict traffic, as it is located outside 
of the established navigation channel. Vessels may navigate in, around, 
and through the anchorage.

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 received no comments from the Small Business 
Administration on this rulemaking. 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 or 
use the anchorage 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 does 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

[[Page 27017]]

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 Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive 
Order13132.
    Also, 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

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 made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This rule involves the alteration of the size and use of 
anchorage ``10,'' restricted Naval Anchorage. It is categorically 
excluded from further review under paragraph 34(f) of Figure 2-1 of 
Commandant Instruction M16475.lD. An environmental analysis checklist 
supporting this determination and a Categorical Exclusion Determination 
are available in the docket where indicated under ADDRESSES. We seek 
any comments or information that may lead to the discovery of a 
significant environmental impact from this rule.

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471, 1221 through 1236, 2071; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 0170.1.


0
2. Revise Sec.  110.157(a)(11) to read as follows:


Sec.  110.157  Delaware Bay and River.

    (a) * * *
    (11) Anchorage 10 at Naval Base, Philadelphia. On the north side of 
the channel along Eagle Point Range, bounded as follows: Beginning off 
of the southeasterly corner of Pier 1 at 39[deg]53'07'' N., 
075[deg]10'30'' W., thence south to the to the north edge of the 
channel along Eagle Point Range to 39[deg]52'58'' N., 075[deg]10'29'' 
W., thence east along the edge of the channel to 39[deg]52'56'' N., 
075[deg]09'53'' W., thence north to 39[deg]53'07'' N., 075[deg]09'54'' 
W., thence continuing west to the beginning point at 39[deg]53'07'' N., 
075[deg]10'30'' W. These coordinates are based on WGS 84.
* * * * *

    Dated: April 22, 2016.
Robert J. Tarantino,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard 
District.
[FR Doc. 2016-10577 Filed 5-4-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                               27015

                                           Procedure Act (5 U.S.C. chapter 5) does                 suspension of benefits under this                     without regard to whether the employer
                                           not apply to these regulations.                         section shall—                                        has assumed liability for providing
                                              The Regulatory Flexibility Act (RFA)                    (A) First, be applied to the maximum               benefits to that participant or
                                           (5 U.S.C. chapter 6) requires an agency                 extent permissible to benefits                        beneficiary that are reduced as a result
                                           to consider whether the rules it                        attributable to a participant’s service for           of the financial status of the plan as
                                           proposes will have a significant                        an employer that withdrew from the                    described in paragraph (d)(8)(i)(C)(2) of
                                           economic impact on a substantial                        plan and failed to pay (or is delinquent              this section. Thus, the rule of paragraph
                                           number of small entities. In this case,                 with respect to paying) the full amount               (d)(8)(ii)(A) of this section limits the
                                           the IRS and the Treasury Department                     of its withdrawal liability under section             amount by which a suspension of
                                           believe that the regulations likely would               4201(b)(1) of ERISA or an agreement                   benefits is permitted to reduce benefits
                                           not have a ‘‘significant economic impact                with the plan;                                        under a plan that are directly
                                           on a substantial number of small                           (B) Second, except as provided by                  attributable to a participant’s service
                                           entities.’’ 5 U.S.C. 605. This certification            paragraph (d)(8)(i)(C) of this section, be            with such an employer, even if the
                                           is based on the fact that the number of                 applied to all other benefits that may be             employer has not, pursuant to a
                                           small entities affected by this rule is                 suspended under this section; and                     collective bargaining agreement that
                                           unlikely to be substantial because it is                   (C) Third, be applied to benefits under            satisfies the requirements of paragraph
                                           unlikely that a substantial number of                   a plan that are directly attributable to a            (d)(8)(i)(C)(2) of this section, assumed
                                                                                                   participant’s service with any employer               liability with respect to that
                                           small multiemployer plans in critical
                                                                                                   that has, prior to December 16, 2014—                 participant’s benefits.
                                           and declining status are subject to the
                                                                                                      (1) Withdrawn from the plan in a
                                           limitation contained in section                         complete withdrawal under section                     *     *      *     *     *
                                           432(e)(9)(D)(vii). Pursuant to section                  4203 of ERISA and paid the full amount                John Dalrymple,
                                           7805(f) of the Code, the notice of                      of the employer’s withdrawal liability
                                           proposed rulemaking preceding these                                                                           Deputy Commissioner for Services and
                                                                                                   under section 4201(b)(1) of ERISA or an               Enforcement.
                                           regulations was submitted to the Chief                  agreement with the plan; and
                                           Counsel for Advocacy of the Small                                                                               Approved: April 29, 2016.
                                                                                                      (2) Pursuant to a collective bargaining            Mark J. Mazur,
                                           Business Administration for comment                     agreement, assumed liability for
                                           on its impact on small business.                                                                              Assistant Secretary of the Treasury (Tax
                                                                                                   providing benefits to participants and                Policy).
                                           Contact Information                                     beneficiaries of the plan under a
                                                                                                                                                         [FR Doc. 2016–10560 Filed 5–3–16; 4:15 pm]
                                                                                                   separate, single-employer plan
                                              For general questions regarding these                sponsored by the employer, in an                      BILLING CODE 4830–01–P
                                           regulations, please contact the                         amount equal to any amount of benefits
                                           Department of the Treasury MPRA                         for such participants and beneficiaries
                                           guidance information line at (202) 622–                 reduced as a result of the financial                  DEPARTMENT OF HOMELAND
                                           1559 (not a toll-free number). For                      status of the plan.                                   SECURITY
                                           information regarding a specific                           (ii) Application of suspensions to
                                           application for a suspension of benefits,                                                                     Coast Guard
                                                                                                   benefits that are directly attributable to
                                           please contact the Treasury Department                  a participant’s service with certain
                                           at (202) 622–1534 (not a toll-free                                                                            33 CFR Part 110
                                                                                                   employers—(A) Greater reduction in
                                           number).                                                certain benefits not permitted. A                     [Docket Number USCG–2015–0825]
                                           List of Subjects in 26 CFR Part 1                       suspension of benefits under this                     RIN 1625–AA01
                                                                                                   section must not be applied to provide
                                             Income taxes, Reporting and                           for a greater reduction in benefits                   Anchorage Regulations; Delaware
                                           recordkeeping requirements.                             described in paragraph (d)(8)(i)(C) of                River, Philadelphia, PA
                                           Amendments to the Regulations                           this section than the reduction that is
                                                                                                   applied to benefits described in                      AGENCY:    Coast Guard, DHS.
                                             Accordingly, 26 CFR part 1 is                         paragraph (d)(8)(i)(B) of this section.               ACTION:   Final rule.
                                           amended as follows:                                     The requirement in the preceding
                                                                                                                                                         SUMMARY:    The Coast Guard is amending
                                                                                                   sentence is satisfied if no individual’s
                                           PART 1—INCOME TAXES                                                                                           the geographic coordinates and
                                                                                                   benefits that are directly attributable to
                                                                                                                                                         modifying the regulated use of
                                             Paragraph 1. The authority citation                   service with an employer described in
                                           ■                                                                                                             anchorage ‘‘10’’ in the Delaware River in
                                           for part 1 continues to read in part as                 paragraph (d)(8)(i)(C) of this section are
                                                                                                                                                         the vicinity of the Navy Yard in
                                           follows:                                                reduced more than that individual’s
                                                                                                                                                         Philadelphia, Pennsylvania. The change
                                                                                                   benefits would have been reduced if,
                                               Authority: 26 U.S.C. 7805 * * *                                                                           alters the size and use of the anchorage,
                                                                                                   holding the benefit formula, work
                                                                                                                                                         reducing the anchorage in size and
                                           ■ Par. 2. Section 1.432(e)(9)–1 is                      history, and all other relevant factors
                                                                                                                                                         allowing the anchorage to be used as a
                                           amended by revising paragraph (d)(8) to                 used to compute benefits constant, those
                                                                                                                                                         general anchorage ground in the
                                           read as follows:                                        benefits were attributable to service
                                                                                                                                                         Delaware River.
                                                                                                   with an employer that is not described
                                           § 1.432(e)(9)–1 Benefit suspensions for                                                                       DATES: This rule is effective June 6,
                                                                                                   in paragraph (d)(8)(i)(C) of this section.
                                           multiemployer plans in critical and                        (B) Application of limitation to                   2016.
                                           declining status.                                       benefits of participants with respect to              ADDRESSES: To view documents
                                           *      *    *      *     *                              which the employer has not assumed                    mentioned in this preamble as being
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                                              (d) * * *                                            liability. Benefits described in paragraph            available in the docket, go to http://
                                              (8) Additional rules for plans                       (d)(8)(i)(C) of this section include all              www.regulations.gov, type USCG–2015–
                                           described in section 432(e)(9)(D)(vii)—                 benefits of a participant or beneficiary              0825 in the ‘‘SEARCH’’ box and click
                                           (i) In general. In the case of a plan that              that are directly attributable to service             ‘‘SEARCH.’’ Click on Open Docket
                                           includes the benefits described in                      with an employer described in                         Folder on the line associated with this
                                           paragraph (d)(8)(i)(C) of this section, any             paragraph (d)(8)(i)(C) of this section                rule.


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                                           27016               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations

                                           FOR FURTHER INFORMATION CONTACT:   If                   IV. Discussion of Comments, Changes,                  on the Delaware River. Moreover, it
                                           you have questions about this                           and the Rule                                          enhances navigational safety along the
                                           rulemaking, call or email Lieutenant                       As noted above, we received no                     Delaware River by providing an
                                           Brennan Dougherty, U.S. Coast Guard                     public comments on our NPRM                           additional anchorage for commercial
                                           Sector Delaware Bay, Chief Waterways                    published January 5, 2016. Based on                   and recreational vessels. The anchorage
                                           Management Division; telephone (215)                                                                          maintains the same parallel distance
                                                                                                   comments from NOAA, however, we
                                           271–4851, email Brennan.P.Dougherty@                                                                          along the channel boundaries as the
                                                                                                   make two changes in the regulatory text
                                           uscg.mil.                                                                                                     existing anchorage. The impacts to
                                                                                                   of this rule from our proposed.
                                                                                                                                                         navigational safety are expected to be
                                           SUPPLEMENTARY INFORMATION:                                 The first change identifies the
                                                                                                                                                         minimal because the anchorage area
                                                                                                   horizontal reference datum for the
                                           I. Table of Abbreviations                                                                                     will not unnecessarily restrict traffic, as
                                                                                                   latitudes and longitudes of the
                                                                                                                                                         it is located outside of the established
                                           CFR Code of Federal Regulations                         boundaries of the anchorage grounds as
                                                                                                                                                         navigation channel. Vessels may
                                           DHS Department of Homeland Security                     the World Geodetic System 1984 (WGS
                                                                                                                                                         navigate in, around, and through the
                                           FR Federal Register                                     84). The second change replaces the
                                                                                                                                                         anchorage.
                                           NPRM Notice of proposed rulemaking                      verbiage ‘‘West Horseshoe Range’’ with
                                           § Section                                               ‘‘Eagle Point Range’’ within the                      B. Impact on Small Entities
                                           U.S.C. United States Code                               anchorage rule text. The original                        The Regulatory Flexibility Act of
                                           COTP Captain of the Port                                anchorage regulation, 33 CFR                          1980, 5 U.S.C. 601–612, as amended,
                                                                                                   110.157(a)(11) Anchorage 10, uses                     requires Federal agencies to consider
                                           II. Background Information and                          ‘‘West Horseshoe Range’’ as a boundary                the potential impact of regulations on
                                           Regulatory History                                      reference, however, the National                      small entities during rulemaking. The
                                                                                                   Oceanic and Atmospheric                               term ‘‘small entities’’ comprises small
                                              On December 12, 1967, the Coast
                                                                                                   Administration (NOAA) Nautical Charts                 businesses, not-for-profit organizations
                                           Guard published a final rule (32 FR
                                                                                                   identifies the range as ‘‘Eagle Point                 that are independently owned and
                                           17726, 17749) establishing an anchorage
                                                                                                   Range’’. Therefore, we changed the                    operated and are not dominant in their
                                           ground on the Delaware River in
                                                                                                   boundary reference in our rule from                   fields, and governmental jurisdictions
                                           Philadelphia, Pennsylvania in 33 CFR
                                                                                                   ‘‘West Horseshoe Range’’ to ‘‘Eagle Point             with populations of less than 50,000.
                                           part 110. The anchorage ground
                                                                                                   Range.’’                                              The Coast Guard received no comments
                                           established is contained in 33 CFR
                                                                                                      The revised anchorage ground runs                  from the Small Business Administration
                                           110.157(a)(11). The anchorage currently
                                                                                                   parallel to the north side of the channel             on this rulemaking. The Coast Guard
                                           remains unused by the Navy Yard.                        along Eagle Point range, is narrower                  certifies under 5 U.S.C. 605(b) that this
                                           Removing the restrictions on anchorage                  north to south, and is slightly longer                rule will not have a significant
                                           ‘‘10’’ will alleviate congestion within                 east to west than the existing anchorage              economic impact on a substantial
                                           the port, allowing the anchorage to be                  ground. Additionally, as proposed, we                 number of small entities.
                                           used as a general anchorage for                         removed the ‘‘restricted naval                           While some owners or operators of
                                           commercial traffic.                                     anchorage’’ verbiage from the                         vessels intending to transit or use the
                                              On January 5, 2016, the Coast Guard                  regulation. This permits commercial                   anchorage may be small entities, for the
                                           published a notice of proposed                          and other vessels to anchor within its                reasons stated in section V.A above, this
                                           rulemaking (NPRM) titled Anchorage                      bounds. The regulatory text appears at                rule will not have a significant
                                           Regulations, Delaware River;                            the end of this document.                             economic impact on any vessel owner
                                           Philadelphia, PA (81 FR 194). It                                                                              or operator.
                                                                                                   V. Regulatory Analyses                                   Under section 213(a) of the Small
                                           proposed to change the shape and the
                                           dimensions of anchorage ‘‘10’’, and to                    We developed this rule after                        Business Regulatory Enforcement
                                           remove the ‘‘restricted naval anchorage’’               considering numerous statutes and                     Fairness Act of 1996 (Pub. L. 104–121),
                                           verbiage from § 110.157(a)(11). We                      Executive orders related to rulemaking.               we want to assist small entities in
                                           invited comments on this proposed                       Below we summarize our analyses                       understanding this rule. If the rule does
                                           change. During the comment period that                  based on a number of these statutes and               affect your small business, organization,
                                           ended February 4, 2016, we received no                  Executive orders.                                     or governmental jurisdiction and you
                                           public comments, but we did receive a                                                                         have questions concerning its
                                                                                                   A. Regulatory Planning and Review
                                           comment from National Oceanic and                                                                             provisions or options for compliance,
                                           Atmospheric Administration (NOAA)                          E.O.s 12866 and 13563 direct agencies              please contact the person listed in the
                                           which we discuss below.                                 to assess the costs and benefits of                   FOR FURTHER INFORMATION CONTACT
                                                                                                   available regulatory alternatives and, if             section.
                                           III. Legal Authority and Need for Rule                  regulation is necessary, to select                      Small businesses may send comments
                                                                                                   regulatory approaches that maximize                   on the actions of Federal employees
                                              The Coast Guard is issuing this rule                 net benefits. E.O. 13563 emphasizes the               who enforce, or otherwise determine
                                           under authority in 33 U.S.C. 471, 1221                  importance of quantifying both costs                  compliance with, Federal regulations to
                                           through 1236, and 2071; and in 33 CFR                   and benefits, of reducing costs, of                   the Small Business and Agriculture
                                           1.05–1.                                                 harmonizing rules, and of promoting                   Regulatory Enforcement Ombudsman
                                              This rule changes the shape and the                  flexibility. This rule has not been                   and the Regional Small Business
                                           dimensions of anchorage ‘‘10.’’ The                     designated a ‘‘significant regulatory                 Regulatory Fairness Boards. The
                                           anchorage currently remains unused by                   action,’’ under Executive Order 12866.                Ombudsman evaluates these actions
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                                           the Navy Yard. Removing the                             Accordingly, it has not been reviewed                 annually and rates each agency’s
                                           restrictions on anchorage ‘‘10’’ will                   by the Office of Management and                       responsiveness to small business. If you
                                           alleviate congestion within the port by                 Budget.                                               wish to comment on actions by
                                           allowing the anchorage to be used as a                     This rule is not a significant                     employees of the Coast Guard, call 1–
                                           general anchorage ground for                            regulatory action because it will not                 888–REG–FAIR (1–888–734–3247). The
                                           commercial traffic.                                     interfere with existing maritime activity             Coast Guard will not retaliate against


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                                                               Federal Register / Vol. 81, No. 87 / Thursday, May 5, 2016 / Rules and Regulations                                         27017

                                           small entities that question or complain                environment. This rule involves the                   ENVIRONMENTAL PROTECTION
                                           about this rule or any policy or action                 alteration of the size and use of                     AGENCY
                                           of the Coast Guard.                                     anchorage ‘‘10,’’ restricted Naval
                                                                                                   Anchorage. It is categorically excluded               40 CFR Part 52
                                           C. Collection of Information
                                                                                                   from further review under paragraph                   [EPA–R10–OAR–2015–0855; FRL–9946–00–
                                             This rule will not call for a new                     34(f) of Figure 2–1 of Commandant                     Region 10]
                                           collection of information under the                     Instruction M16475.lD. An
                                           Paperwork Reduction Act of 1995 (44                                                                           Approval and Promulgation of
                                                                                                   environmental analysis checklist
                                           U.S.C. 3501–3520).                                                                                            Implementation Plans; Idaho:
                                                                                                   supporting this determination and a
                                           D. Federalism and Indian Tribal                         Categorical Exclusion Determination are               Interstate Transport Requirements for
                                           Governments                                                                                                   the 2010 Nitrogen Dioxide National
                                                                                                   available in the docket where indicated
                                                                                                                                                         Ambient Air Quality Standards
                                              A rule has implications for federalism               under ADDRESSES. We seek any
                                           under Executive Order 13132,                            comments or information that may lead                 AGENCY:  Environmental Protection
                                           Federalism, if it has a substantial direct              to the discovery of a significant                     Agency (EPA).
                                           effect on the States, on the relationship               environmental impact from this rule.                  ACTION: Final rule.
                                           between the national government and
                                                                                                   List of Subjects in 33 CFR Part 110                   SUMMARY:   The Environmental Protection
                                           the States, or on the distribution of
                                                                                                                                                         Agency (EPA) is taking final action to
                                           power and responsibilities among the                        Anchorage grounds.                                approve a submittal by the Idaho
                                           various levels of government. We have
                                                                                                     For the reasons discussed in the                    Department of Environmental Quality
                                           analyzed this rule under that Order and
                                                                                                   preamble, the Coast Guard amends 33                   (Idaho DEQ) demonstrating that the
                                           have determined that it is consistent
                                                                                                   CFR part 110 as follows:                              State Implementation Plan (SIP) meets
                                           with the fundamental federalism
                                                                                                                                                         certain interstate transport requirements
                                           principles and preemption requirements
                                                                                                   PART 110—ANCHORAGE                                    of the Clean Air Act (CAA) for the
                                           described in Executive Order13132.
                                              Also, this rule does not have tribal                 REGULATIONS                                           National Ambient Air Quality Standards
                                                                                                                                                         (NAAQS) promulgated for nitrogen
                                           implications under Executive Order
                                                                                                     1. The authority citation for part 110              dioxide (NO2) on January 22, 2010.
                                           13175, Consultation and Coordination                    ■
                                                                                                                                                         Specifically, the Idaho DEQ reviewed
                                           with Indian Tribal Governments,                         continues to read as follows:
                                                                                                                                                         monitoring and modeling data to show
                                           because it does not have a substantial                    Authority: 33 U.S.C. 471, 1221 through              that sources within Idaho do not
                                           direct effect on one or more Indian                     1236, 2071; 33 CFR 1.05–1; Department of              significantly contribute to
                                           tribes, on the relationship between the                 Homeland Security Delegation No. 0170.1.              nonattainment, or interfere with
                                           Federal Government and Indian tribes,
                                                                                                                                                         maintenance, of the NO2 NAAQS in any
                                           or on the distribution of power and                     ■ 2. Revise § 110.157(a)(11) to read as               other state.
                                           responsibilities between the Federal                    follows:                                              DATES: This action is effective on June
                                           Government and Indian tribes. If you
                                           believe this rule has implications for                  § 110.157    Delaware Bay and River.                  6, 2016.
                                           federalism or Indian tribes, please                                                                           ADDRESSES: The EPA has established a
                                                                                                     (a) * * *                                           docket for this action under Docket ID
                                           contact the person listed in the FOR
                                           FURTHER INFORMATION CONTACT section.                      (11) Anchorage 10 at Naval Base,                    No. EPA–R10–OAR–2015–0855. All
                                                                                                   Philadelphia. On the north side of the                documents in the docket are listed on
                                           E. Unfunded Mandates Reform Act                         channel along Eagle Point Range,                      the http://www.regulations.gov Web
                                             The Unfunded Mandates Reform Act                      bounded as follows: Beginning off of the              site. Although listed in the index, some
                                           of 1995 (2 U.S.C. 1531–1538) requires                   southeasterly corner of Pier 1 at                     information may not be publicly
                                           Federal agencies to assess the effects of               39°53′07″ N., 075°10′30″ W., thence                   available, i.e., Confidential Business
                                           their discretionary regulatory actions. In              south to the to the north edge of the                 Information or other information the
                                           particular, the Act addresses actions                                                                         disclosure of which is restricted by
                                                                                                   channel along Eagle Point Range to
                                           that may result in the expenditure by a                                                                       statute. Certain other material, such as
                                                                                                   39°52′58″ N., 075°10′29″ W., thence east
                                           State, local, or tribal government, in the                                                                    copyrighted material, is not placed on
                                                                                                   along the edge of the channel to                      the Internet and is publicly available
                                           aggregate, or by the private sector of                  39°52′56″ N., 075°09′53″ W., thence
                                           $100,000,000 (adjusted for inflation) or                                                                      only in hard copy form. Publicly
                                                                                                   north to 39°53′07″ N., 075°09′54″ W.,                 available docket materials are available
                                           more in any one year. Though this rule
                                                                                                   thence continuing west to the beginning               at http://www.regulations.gov or at EPA
                                           will not result in such an expenditure,
                                                                                                   point at 39°53′07″ N., 075°10′30″ W.                  Region 10, Office of Air, Waste and
                                           we do discuss the effects of this rule
                                                                                                   These coordinates are based on WGS 84.                Toxics, 1200 Sixth Avenue, Seattle,
                                           elsewhere in this preamble.
                                                                                                   *     *    *      *    *                              Washington 98101. The EPA requests
                                           F. Environment                                                                                                that you contact the person listed in the
                                                                                                     Dated: April 22, 2016.
                                             We have analyzed this rule under                                                                            FOR FURTHER INFORMATION CONTACT
                                                                                                   Robert J. Tarantino,                                  section to schedule your inspection. The
                                           Department of Homeland Security
                                           Management Directive 023–01 and                         Captain, U.S. Coast Guard, Acting                     Regional Office’s official hours of
                                           Commandant Instruction M16475.lD,                       Commander, Fifth Coast Guard District.                business are Monday through Friday,
                                           which guide the Coast Guard in                          [FR Doc. 2016–10577 Filed 5–4–16; 8:45 am]            8:30 to 4:30, excluding Federal holidays.
                                           complying with the National                             BILLING CODE 9110–04–P                                FOR FURTHER INFORMATION CONTACT: For
ehiers on DSK5VPTVN1PROD with RULES




                                           Environmental Policy Act of 1969 (42                                                                          information please contact John Chi at
                                           U.S.C. 4321–4370f), and have made a                                                                           (206) 553–1185, or chi.john@epa.gov.
                                           preliminary determination that this                                                                           SUPPLEMENTARY INFORMATION:
                                           action is one of a category of actions that                                                                   Throughout this document whenever
                                           do not individually or cumulatively                                                                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is
                                           have a significant effect on the human                                                                        intended to refer to the EPA.


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Document Created: 2016-05-05 01:15:41
Document Modified: 2016-05-05 01:15:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 6, 2016.
ContactIf you have questions about this rulemaking, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard Sector Delaware Bay, Chief Waterways Management Division; telephone (215) 271-4851, email [email protected]
FR Citation81 FR 27015 
RIN Number1625-AA01

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