81 FR 40814 - Safety Zone; Pleasure Beach Bridge, Bridgeport, CT
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 121 (June 23, 2016)
Coast Guard
Federal Register Volume 81, Issue 121 (June 23, 2016)
| Page Range | 40814-40816 | |
| FR Document | 2016-14908 |
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)] [Rules and Regulations] [Pages 40814-40816] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14908] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-201 5-1123] RIN 1625-AA00 Safety Zone; Pleasure Beach Bridge, Bridgeport, CT AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone within the Coast Guard Sector Long Island Sound (LIS) Captain of the Port (COTP) Zone. This temporary final rule is necessary to provide for the safety of life on navigable waters. Entry into, transit through, mooring, or anchoring within the safety zone is prohibited unless authorized by COTP Sector LIS. DATES: This rule is effective without actual notice from 12:01 a.m. on June 23, 2016 until 12:01 a.m. on July 1, 2016. For the purposes of enforcement, actual notice will be used from January 1, 2016, until June 23, 2016. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG-2015-1123]. To view documents mentioned in this preamble as being available in the docket, go to http://www.rcgulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, contact Lieutenant Junior Grade Martin Betts, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4432, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations COTP Captain of the Port OHS Department of Homeland Security E.O. Executive order FR Federal Register NPRM Notice of Proposed Rulemaking NAD 83 North American Datum 1983 II. Background Information and Regulatory History This rulemaking establishes a safety zone for the waters around Pleasure Beach Bridge, Bridgeport, CT. Corresponding regulatory history is discussed below. The Coast Guard was made aware on December 9, 2015, of damage sustained to Pleasure Beach Bridge, the result of which created a hazard to navigation. In response, on Tuesday, December 22, 2015, the Coast Guard published a temporary final rule (TFR) entitled, ``Safety Zone; Pleasure Beach Bridge, Bridgeport CT'' in the Federal Register (80 FR 79480). We received no comments on this rule. The rule expired on January 1, 2016. The degraded condition of the Pleasure Beach Bridge structure presents a continued hazard to navigation in the waterway. The Coast Guard is establishing this temporary final rule to mitigate the risk posed by the bridge structure and to allow responsible parties ample time to develop plans to reduce or eliminate the hazard. The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM with respect to this rule because doing so would be impracticable and contrary to the public interest. There is insufficient time to publish an NPRM and solicit comments from the public before establishing a safety zone to address the existing hazard to navigation. The nature of the navigational hazard requires the immediate establishment of a safety zone. Publishing an NPRM and delaying the effective date of this rule to await public comment inhibits the Coast Guard's ability to fulfill its statutory mission to protect ports, waterways and the maritime public. Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the preceding paragraph, the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The legal basis for this temporary rule is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 and Department of Homeland Security Delegation No. 0170. 1 which collectively authorize the Coast Guard to define regulatory safety zones. On December 9, 2015, the Coast Guard was made aware of damage sustained to Pleasure Beach Bridge, Bridgeport, CT that has created a hazard to navigation. After further analysis of the bridge structure, the Coast Guard concluded that the overall condition of the structure created a continued hazard to navigation. The COTP Sector LIS has determined that the safety zone established by this temporary final rule is necessary to provide for the safety of life on navigable waterways. IV. Discussion of the Rule The safety zone established by this rule will cover all navigable waters of the entrance channel to Johnsons Creek in the vicinity of Pleasure Beach Bridge, Bridgeport, CT. This safety zone will be bound inside an area that starts at a point on land at position 41-10.2N, 073-10.7W and then east along the shoreline to a point on land at position 41-9.57N, 073-9.54W and then south across the channel to a point on land at position 41-9.52N, 073-9.58W and then west along the shoreline to a point on land at position 41-9.52N, 073-10.5W and then north across the channel back to the point of origin. This rule prevents vessels from entering, transiting, mooring, or anchoring within the area specifically designated as a safety zone during the [[Page 40815]] period of enforcement unless authorized by the COTP or designated representative. The Coast Guard will notify the public and local mariners of this safety zone through appropriate means, which may include, but are not limited to, publication in the Federal Register, the Local Notice to Mariners, and Broadcast Notice to Mariners. V. Regulatory Analyses We developed this rule after considering numerous statutes and E.O.s related to rulemaking. Below we summarize our analyses based on these statutes and E.O.s and we discuss First Amendment rights of protesters. 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. The Coast Guard determined that this rulemaking is not a significant regulatory action for the following reasons: (1) The enforcement of this safety zone will be relatively short in duration; (2) persons or vessels desiring to enter the safety zone may do so with permission from the COTP Sector LIS or a designated representative; (3) this safety zone is designed in a way to limit impacts on vessel traffic, permitting vessels to navigate in other portions of the waterway not designated as a safety zone; and (4) the Coast Guard will notify the public of the enforcement of this rule via appropriate means, such as via Local Notice to Mariners and Broadcast Notice to Mariners to increase public awareness of this safety zone. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. This temporary final rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to enter, transit, anchor, or moor within a safety zone during the period of enforcement, from January 1, 2016 to July 1, 2016. However, this temporary final rule will not have a significant economic impact on a substantial number of small entities for the same reasons discussed in the Regulatory Planning and Review section. 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 proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this proposed 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 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 M 16475.ID, 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 temporary rule involves the establishment of a safety zone. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination, and EA Checklist, WILL BE in the docket for review. 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. [[Page 40816]] 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 Sec. 165.T01-1123 to read as follows: Sec. 165.T01-1123 Safety Zone; Pleasure Beach Bridge, Bridgeport, CT. (a) Location. The following area is a safety zone: All navigable waters of the entrance channel to Johnsons Creek in the vicinity of Pleasure Beach Bridge, Bridgeport, CT bound inside an area that starts at a point on land at position 41-10.2N, 073-10.7W and then cast along the shoreline to a point on land at position 41-9.57N, 073-9.54W and then south across the channel to a point on land at position 41-9.52N, 073-9.58W and then west along the shoreline to a point on land at position 41-9.52N, 073-10.5W and then north across the channel back to the point of origin. (b) Enforcement period. This rule will be enforced from 12:01 a.m. on January 1, 2016 to 12:01 a.m. on July 1, 2016. (c) Definitions. The following definitions apply to this section: A ``designated representative'' is any Coast Guard commissioned, warrant or petty officer of the U.S. Coast Guard who has been designated by the COTP, Sector Long Island Sound, to act on his or her behalf. The designated representative may be on an official patrol vessel or may be on shore and will communicate with vessels via VHF-FM radio or loud hailer. ``Official patrol vessels'' may consist of any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement vessels assigned or approved by the COTP Sector Long Island Sound. In addition, members of the Coast Guard Auxiliary may be present to inform vessel operators of this regulation. (d) Regulations. (l) The general regulations contained in Sec. 165.23 apply. (2) In accordance with the general regulations in Sec. 165.23, entry into or movement within this zone is prohibited unless authorized by the Captain of the Port, Long Island Sound. (3) Operators of vessels desiring to enter or operate within the safety zone should contact the COTP Sector Long Island Sound at 203- 468-4401 (Sector LIS command center) or the designated representative via VHF channel 16 to obtain permission to do so. (4) Any vessel given permission to enter or operate in the safety zone must comply with all directions given to them by the COTP Sector Long Island Sound, or the designated on-scene representative. (5) Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing light or other means, the operator of the vessel shall proceed as directed. Dated: December 30, 2015. E.J. Cubanski, III, Captain, U.S. Coast Guard, Captain of the Port Sector Long Island Sound. Editorial note: This document was received for publication by the Office of Federal Register on June 20, 2016. [FR Doc. 2016-14908 Filed 6-22-16; 8:45 am] BILLING CODE 9110-04-P
![40814 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations
the safety zone during all applicable actual notice will be used from January to the public interest.’’ Under 5 U.S.C.
effective dates and times, unless 1, 2016, until June 23, 2016. 553(b)(B), the Coast Guard finds that
authorized to do so by the PATCOM. ADDRESSES: Documents mentioned in good cause exists for not publishing an
Additionally, each person who receives this preamble are part of docket [USCG– NPRM with respect to this rule because
notice of a lawful order or direction 2015–1123]. To view documents doing so would be impracticable and
issued by an official patrol vessel shall mentioned in this preamble as being contrary to the public interest. There is
obey the order or direction. The available in the docket, go to http:// insufficient time to publish an NPRM
PATCOM is empowered to forbid entry www.rcgulations.gov, type the docket and solicit comments from the public
into and control the regulated area. The number in the ‘‘SEARCH’’ box and click before establishing a safety zone to
PATCOM shall be designated by the ‘‘SEARCH.’’ Click on Open Docket address the existing hazard to
Commander, Coast Guard Sector San Folder on the line associated with this navigation. The nature of the
Francisco. The PATCOM may, upon rulemaking. navigational hazard requires the
request, allow the transit of commercial FOR FURTHER INFORMATION CONTACT: If immediate establishment of a safety
vessels through regulated areas when it you have questions on this rule, contact zone. Publishing an NPRM and delaying
is safe to do so. Lieutenant Junior Grade Martin Betts, the effective date of this rule to await
This notice of enforcement is issued Prevention Department, Coast Guard public comment inhibits the Coast
under authority of 33 CFR 165.1191 and Sector Long Island Sound, telephone Guard’s ability to fulfill its statutory
5 U.S.C. 552(a). In addition to this (203) 468–4432, email Martin.B.Betts@ mission to protect ports, waterways and
notice of enforcement in the Federal uscg.mil. the maritime public.
Register, the Coast Guard will provide Under 5 U.S.C. 553(d)(3), and for the
SUPPLEMENTARY INFORMATION: same reasons stated in the preceding
the maritime community with extensive
advance notification of the safety zone I. Table of Abbreviations paragraph, the Coast Guard finds that
and its enforcement period via the Local good cause exists for making this rule
COTP Captain of the Port
Notice to Mariners. OHS Department of Homeland Security effective less than 30 days after
If the Captain of the Port determines E.O. Executive order publication in the Federal Register.
that the regulated area need not be FR Federal Register III. Legal Authority and Need for Rule
enforced for the full duration stated in NPRM Notice of Proposed Rulemaking
this notice of enforcement, a Broadcast NAD 83 North American Datum 1983 The legal basis for this temporary rule
Notice to Mariners may be used to grant is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
II. Background Information and 1.05–1, 6.04–1, 6.04–6, and 160.5 and
general permission to enter the Regulatory History
regulated area. Department of Homeland Security
This rulemaking establishes a safety Delegation No. 0170. 1 which
Dated: June 3, 2016. zone for the waters around Pleasure collectively authorize the Coast Guard
Patrick S. Nelson, Beach Bridge, Bridgeport, CT. to define regulatory safety zones.
Captain, U.S. Coast Guard, Captain of the Corresponding regulatory history is On December 9, 2015, the Coast
Port San Francisco, Acting. discussed below. Guard was made aware of damage
[FR Doc. 2016–14911 Filed 6–22–16; 8:45 am] The Coast Guard was made aware on sustained to Pleasure Beach Bridge,
BILLING CODE 9110–04–P December 9, 2015, of damage sustained Bridgeport, CT that has created a hazard
to Pleasure Beach Bridge, the result of to navigation. After further analysis of
which created a hazard to navigation. In the bridge structure, the Coast Guard
DEPARTMENT OF HOMELAND response, on Tuesday, December 22, concluded that the overall condition of
SECURITY 2015, the Coast Guard published a the structure created a continued hazard
temporary final rule (TFR) entitled, to navigation. The COTP Sector LIS has
Coast Guard ‘‘Safety Zone; Pleasure Beach Bridge, determined that the safety zone
Bridgeport CT’’ in the Federal Register established by this temporary final rule
33 CFR Part 165 (80 FR 79480). We received no is necessary to provide for the safety of
[Docket Number USCG–201 5–1123] comments on this rule. The rule expired life on navigable waterways.
on January 1, 2016.
RIN 1625–AA00 The degraded condition of the IV. Discussion of the Rule
Pleasure Beach Bridge structure The safety zone established by this
Safety Zone; Pleasure Beach Bridge,
presents a continued hazard to rule will cover all navigable waters of
Bridgeport, CT
navigation in the waterway. The Coast the entrance channel to Johnsons Creek
AGENCY: Coast Guard, DHS. Guard is establishing this temporary in the vicinity of Pleasure Beach Bridge,
ACTION: Temporary final rule. final rule to mitigate the risk posed by Bridgeport, CT. This safety zone will be
the bridge structure and to allow bound inside an area that starts at a
SUMMARY: The Coast Guard is responsible parties ample time to point on land at position 41–10.2N,
establishing a temporary safety zone develop plans to reduce or eliminate the 073–10.7W and then east along the
within the Coast Guard Sector Long hazard. shoreline to a point on land at position
Island Sound (LIS) Captain of the Port The Coast Guard is issuing this 41–9.57N, 073–9.54W and then south
(COTP) Zone. This temporary final rule temporary final rule without prior across the channel to a point on land at
is necessary to provide for the safety of notice and opportunity to comment position 41–9.52N, 073–9.58W and then
asabaliauskas on DSK3SPTVN1PROD with RULES
life on navigable waters. Entry into, pursuant to authority under section 4(a) west along the shoreline to a point on
transit through, mooring, or anchoring of the Administrative Procedure Act land at position 41–9.52N, 073–10.5W
within the safety zone is prohibited (APA) (5 U.S.C. 553(b)). This provision and then north across the channel back
unless authorized by COTP Sector LIS. authorizes an agency to issue a rule to the point of origin.
DATES: This rule is effective without without prior notice and opportunity to This rule prevents vessels from
actual notice from 12:01 a.m. on June comment when the agency for good entering, transiting, mooring, or
23, 2016 until 12:01 a.m. on July 1, cause finds that those procedures are anchoring within the area specifically
2016. For the purposes of enforcement, ‘‘impracticable, unnecessary, or contrary designated as a safety zone during the
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List of Subjects in 33 CFR Part 165 (3) Operators of vessels desiring to Quality Standards (NAAQS); approving
Harbors, Marine safety, Navigation enter or operate within the safety zone the State’s plan for maintaining
(water), Reporting and recordkeeping should contact the COTP Sector Long attainment of the 2008 8-hour ozone
requirements, Security measures, Island Sound at 203–468–4401 (Sector NAAQS in the Area, including the
Waterways. LIS command center) or the designated motor vehicle emissions budgets
representative via VHF channel 16 to (MVEBs) for nitrogen oxides (NOX) and
For the reasons discussed in the volatile organic compounds (VOCs) for
obtain permission to do so.
preamble, the Coast Guard amends 33 (4) Any vessel given permission to the year 2027 for the Tennessee portion
CFR part 165 as follows: enter or operate in the safety zone must of the Area, into the SIP; and
PART 165—REGULATED NAVIGATION comply with all directions given to redesignating the Tennessee portion of
AREAS AND LIMITED ACCESS AREAS them by the COTP Sector Long Island the Area to attainment for the 2008 8-
Sound, or the designated on-scene hour ozone NAAQS. Additionally, EPA
■ 1. The authority citation for part 165 representative. finds the MVEBs for the Tennessee
continues to read as follows: (5) Upon being hailed by a U.S. Coast portion of the Area adequate for the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Guard vessel by siren, radio, flashing purposes of transportation conformity.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; light or other means, the operator of the DATES: This rule will be effective July
Department of Homeland Security Delegation vessel shall proceed as directed. 25, 2016.
No. 0170.1. Dated: December 30, 2015. ADDRESSES: EPA has established a
■ 2. Add § 165.T01–1123 to read as E.J. Cubanski, III, docket for this action under Docket
follows: Captain, U.S. Coast Guard, Captain of the Identification No. EPA–R04–OAR–
§ 165.T01–1123 Safety Zone; Pleasure Port Sector Long Island Sound. 2016–0018. All documents in the docket
Beach Bridge, Bridgeport, CT. are listed on the www.regulations.gov
Editorial note: This document was
(a) Location. The following area is a Web site. Although listed in the index,
received for publication by the Office of
safety zone: All navigable waters of the Federal Register on June 20, 2016. some information may not be publicly
entrance channel to Johnsons Creek in available, i.e., Confidential Business
[FR Doc. 2016–14908 Filed 6–22–16; 8:45 am]
the vicinity of Pleasure Beach Bridge, Information or other information whose
BILLING CODE 9110–04–P
Bridgeport, CT bound inside an area disclosure is restricted by statute.
that starts at a point on land at position Certain other material, such as
41–10.2N, 073–10.7W and then cast copyrighted material, is not placed on
ENVIRONMENTAL PROTECTION the Internet and will be publicly
along the shoreline to a point on land AGENCY
at position 41–9.57N, 073–9.54W and available only in hard copy form.
then south across the channel to a point Publicly available docket materials are
40 CFR Part 52 and 81 available either electronically through
on land at position 41–9.52N, 073–
9.58W and then west along the [EPA–R04–OAR–2016–0018; FRL–9948–02– www.regulations.gov or in hard copy at
shoreline to a point on land at position Region 4] the Air Regulatory Management Section,
41–9.52N, 073–10.5W and then north Air Planning and Implementation
Air Plan Approval and Air Quality Branch, Air, Pesticides and Toxics
across the channel back to the point of Designation; TN; Redesignation of the
origin. Management Division, U.S.
Shelby County 2008 8-Hour Ozone Environmental Protection Agency,
(b) Enforcement period. This rule will Nonattainment Area to Attainment
be enforced from 12:01 a.m. on January Region 4, 61 Forsyth Street SW.,
1, 2016 to 12:01 a.m. on July 1, 2016. AGENCY: Environmental Protection Atlanta, Georgia 30303–8960. EPA
(c) Definitions. The following Agency (EPA). requests that if at all possible, you
definitions apply to this section: A ACTION: Final rule.
contact the person listed in the FOR
‘‘designated representative’’ is any Coast FURTHER INFORMATION CONTACT section to
Guard commissioned, warrant or petty SUMMARY: On January 19, 2016, the State schedule your inspection. The Regional
officer of the U.S. Coast Guard who has of Tennessee, through the Tennessee Office’s official hours of business are
been designated by the COTP, Sector Department of Environment and Monday through Friday 8:30 a.m. to
Long Island Sound, to act on his or her Conservation (TDEC), Air Pollution 4:30 p.m., excluding Federal holidays.
behalf. The designated representative Control Division, submitted a request FOR FURTHER INFORMATION CONTACT: Jane
may be on an official patrol vessel or for the Environmental Protection Spann, Air Regulatory Management
may be on shore and will communicate Agency (EPA) to redesignate the portion Section, Air Planning and
with vessels via VHF–FM radio or loud of Tennessee that is within the Implementation Branch, Pesticides and
hailer. ‘‘Official patrol vessels’’ may Memphis, Tennessee-Mississippi- Toxics Management Division, Region 4,
consist of any Coast Guard, Coast Guard Arkansas (Memphis, TN-MS-AR) 2008 U.S. Environmental Protection Agency,
Auxiliary, state, or local law 8-hour ozone nonattainment area 61 Forsyth Street SW., Atlanta, Georgia
enforcement vessels assigned or (hereafter referred to as the ‘‘Memphis, 30303–8960. Ms. Spann can be reached
approved by the COTP Sector Long TN-MS-AR Area’’ or ‘‘Area’’) and a by phone at (404) 562–9029 or via
Island Sound. In addition, members of related State Implementation Plan (SIP) electronic mail at spann.jane@epa.gov.
the Coast Guard Auxiliary may be revision containing a maintenance plan SUPPLEMENTARY INFORMATION:
present to inform vessel operators of and base year inventory for the Area.
asabaliauskas on DSK3SPTVN1PROD with RULES
EPA is taking the following separate I. Background
this regulation.
(d) Regulations. (l) The general final actions related to the January 19, On May 21, 2012, EPA designated
regulations contained in § 165.23 apply. 2016, redesignation request and SIP areas as unclassifiable/attainment or
(2) In accordance with the general revision: Approving the base year nonattainment for the 2008 8-hour
regulations in § 165.23, entry into or emissions inventory for the Area into ozone NAAQS that was promulgated on
movement within this zone is the SIP; determining that the Memphis, March 27, 2008. See 77 FR 30088. The
prohibited unless authorized by the TN-MS-AR Area is attaining the 2008 8- Memphis, TN-MS-AR Area was
Captain of the Port, Long Island Sound. hour ozone National Ambient Air designated nonattainment for the 2008
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Document Created: 2018-02-08 07:41:15
Document Modified: 2018-02-08 07:41:15
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective without actual notice from 12:01 a.m. on June 23, 2016 until 12:01 a.m. on July 1, 2016. For the purposes of enforcement, actual notice will be used from January 1, 2016, until June 23, 2016. | |
| Contact | If you have questions on this rule, contact Lieutenant Junior Grade Martin Betts, Prevention Department, Coast Guard Sector Long Island Sound, telephone (203) 468-4432, email [email protected] | |
| FR Citation | 81 FR 40814 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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