81 FR 87813 - Regulated Navigation Area; Portsmouth Naval Shipyard, Kittery, ME and Portsmouth, NH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 234 (December 6, 2016)

Page Range		87813-87815
FR Document		2016-29260

The Coast Guard is establishing a temporary regulated navigation area (RNA) on the Piscataqua River near the Portsmouth Naval Shipyard, Kittery, ME between Henderson Point Light on Seavey Island and the Memorial Bridge. This RNA establishes speed restrictions to eliminate vessel wake which could endanger the lives of divers and support crews working at the Portsmouth Naval Shipyard. The speed restrictions apply to all vessels transiting the regulated area unless authorized by the First Coast Guard District Commander or the Captain of the Port (COTP), Sector Northern New England.

Federal Register, Volume 81 Issue 234 (Tuesday, December 6, 2016)

[Federal Register Volume 81, Number 234 (Tuesday, December 6, 2016)]
[Rules and Regulations]
[Pages 87813-87815]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29260]



[[Page 87813]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0935]
RIN 1625-AA11


Regulated Navigation Area; Portsmouth Naval Shipyard, Kittery, ME 
and Portsmouth, NH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary regulated 
navigation area (RNA) on the Piscataqua River near the Portsmouth Naval 
Shipyard, Kittery, ME between Henderson Point Light on Seavey Island 
and the Memorial Bridge. This RNA establishes speed restrictions to 
eliminate vessel wake which could endanger the lives of divers and 
support crews working at the Portsmouth Naval Shipyard. The speed 
restrictions apply to all vessels transiting the regulated area unless 
authorized by the First Coast Guard District Commander or the Captain 
of the Port (COTP), Sector Northern New England.

DATES: This rule is effective without actual notice from December 6, 
2016 through June 30, 2017. For the purposes of enforcement, actual 
notice will be used from November 14, 2016, through December 6, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0935 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 Mr. Craig Lapiejko, Waterways Management, First Coast 
Guard District; telephone (617) 223-8351, email 
[email protected]. You may also call or email Chief Petty 
Officer Chris Bains, Waterways Management Division, U.S. Coast Guard 
Sector Northern New England; telephone (207) 347-5003, 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
RNA Regulated Navigation Area
COTP Captain of the Port

II. Background Information and Regulatory History

    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 doing so would be impracticable. The 
Coast Guard was notified of the need for this rule on September 26, 
2016. This late notice did not give the Coast Guard enough time to 
publish a NPRM, take public comments, and issue a final rule before the 
rule is necessary. Delaying implementation of this rule would inhibit 
the Coast Guard's ability to provide for the safety of divers and 
workers completing ship construction at the Portsmouth Naval Shipyard. 
Without the rule, wake from passing vessels could cause the ship to 
move erratically and unexpectedly, severely injuring divers and support 
crews.
    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 reasons stated in 
the preceding paragraph, delaying the implementation of this rule would 
be impracticable.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this temporary rule under authority in 
33 U.S.C. 1231.
    As part of a ship construction project at the Portsmouth Naval 
Shipyard, divers will be in the water from November 14, 2016, through 
June 30, 2016. The Coast Guard First District Commander has determined 
that unexpected and uncontrolled movement of the vessel and associated 
equipment due to a wake puts the divers and their support crews at 
significant risk for serious injury or death. In order to ensure the 
safety of workers during the construction period, the Coast Guard is 
establishing an RNA to limit the speed, thus wake, of all vessels 
operating near the shipyard.

IV. Discussion of the Rule

    This rule places speed restrictions on all vessels transiting the 
navigable waters of the Piscataqua River, Kittery, ME near the 
Portsmouth Naval Shipyard between Henderson Point Light on Seavey 
Island and the Memorial Bridge from 12:01 a.m. on November 14, 2016, 
through 11:59 p.m. on June 30, 2017. The vessels operating within the 
RNA are subject to a ``Slow-No Wake'' speed limit. More specifically, 
vessels may not produce a wake and may not attain speeds greater than 
five (5) knots unless a higher minimum speed is necessary to maintain 
steerageway.
    The COTP Sector Northern New England will cause notice of 
enforcement or suspension of enforcement of this regulated navigation 
area to be made by all appropriate means in order to affect the widest 
distribution among the affected segments of the public. Such means of 
notification will include Broadcast Notice to Mariners and Local Notice 
to Mariners. In addition, COTP Sector Northern New England maintains a 
telephone line that is staffed at all times. The public can obtain 
information concerning enforcement of the RNA by contacting the Sector 
Northern New England Command Center at (207) 767-0303.

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, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 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. Executive Order 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 regulatory action determination is based on the size, 
location, duration, and time-of-year of the RNA. The public impact of 
this rule will be minimal as the temporary speed restrictions only 
apply to a small designated area of the Piscataqua River, causing 
minimal delay to a vessel's transit.

[[Page 87814]]

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 
RNA 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 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 Order 
13132.
    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 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 RNA lasting 229 days that will limit vessel speed on 
the Piscataqua River in the vicinity of the Portsmouth Naval Shipyard 
while construction work is being completed. 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 will be 
available in the docket where indicated under ADDRESSES. We seek any 
comments or information that may lead to the discovery of a significant 
environmental impact from this rule.

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, 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; Department of Homeland Security Delegation No. 0170.1.


0
2. Add Sec.  165.T01-0935 to read as follows:


Sec.  165.T01-0935   Regulated Navigation Area; Portsmouth Naval 
Shipyard, Kittery, ME and Portsmouth, NH.

    (a) Location. The following area is a regulated navigation area 
(RNA): All navigable waters on the Piscataqua River, Kittery, ME and 
Portsmouth, NH near Portsmouth Naval Shipyard from a line drawn between 
Henderson Point Light ``10'' (LLNR 8375) at 43[deg]04'29.3'' N., 
070[deg]44'10.2'' W. on Seavey Island and Pierce Island Range Front 
Light (LLNR 8355) at 43[deg]04'25.4'' N., 070[deg]44'25.2'' W. to the 
Memorial Bridge at 43[deg]04'46.8'' N., 070[deg]45'09.6'' W.
    (b) Regulations. (1) The general regulations contained in 33 CFR 
165.10, 165.11 and 165.13 apply.
    (2) In accordance with the general regulations, vessel movement 
within the RNA is subject to a ``Slow-No Wake'' speed limit. No vessel 
may produce a wake and may not attain speeds greater than five (5) 
knots unless a higher minimum speed is necessary to maintain 
steerageway.
    (3) All vessels operating within the RNA must comply with all 
directions given to them by the Captain of the Port (COTP) Sector 
Northern New England or his on-scene representative. The ``on-scene 
representative'' of the COTP is any Coast Guard commissioned, warrant, 
or petty officer who has been designated by the COTP to act on his 
behalf. The on-scene representative may be on a Coast Guard vessel, 
state marine patrol vessel, another other designated

[[Page 87815]]

craft, or may be on shore and will communicate with vessels via VHF-FM 
radio or loudhailer. Members of the Coast Guard Auxiliary or Naval 
Harbor Security Patrol may be present to inform vessel operators of 
this regulation.
    (4) All other relevant regulations, including but not limited to 
the Inland Navigation Rules (33 CFR chapter I, subchapter E), remain in 
effect within the RNA and must be strictly followed at all times.
    (c) Enforcement Period. This section will be enforced 24 hours a 
day from November 14, 2016, through June 30, 2017.
    (d) Notifications. Violations of this section may be reported to 
the COTP at (207) 767-0303 or on VHF-Channel 16.

    Dated: November 7, 2016.
S.D. Poulin,
Rear Admiral, U.S. Coast Guard, Commander, First Coast Guard District.
[FR Doc. 2016-29260 Filed 12-5-16; 8:45 am]
 BILLING CODE 9110-04-P

87814 Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations

B. Impact on Small Entities various levels of government. We have G. Protest Activities
The Regulatory Flexibility Act of analyzed this rule under that order and The Coast Guard respects the First
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent Amendment rights of protesters.
requires Federal agencies to consider with the fundamental federalism Protesters are asked to contact the
the potential impact of regulations on principles and preemption requirements person listed in the FOR FURTHER
small entities during rulemaking. The described in Executive Order 13132. INFORMATION CONTACT section to
term ‘‘small entities’’ comprises small Also, this rule does not have tribal coordinate protest activities so that your
businesses, not-for-profit organizations implications under Executive Order message can be received without
that are independently owned and 13175, Consultation and Coordination jeopardizing the safety or security of
operated and are not dominant in their with Indian Tribal Governments, people, places or vessels.
fields, and governmental jurisdictions because it does not have a substantial
direct effect on one or more Indian List of Subjects in 33 CFR Part 165
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the Harbors, Marine safety, Navigation
605(b) that this rule will not have a Federal Government and Indian tribes, (water), Reporting and recordkeeping
significant economic impact on a or on the distribution of power and requirements, Waterways.
substantial number of small entities. responsibilities between the Federal For the reasons discussed in the
While some owners or operators of Government and Indian tribes. If you preamble, the Coast Guard amends 33
vessels intending to transit the RNA believe this rule has implications for CFR part 165 as follows:
may be small entities, for the reasons federalism or Indian tribes, please
stated in section V.A. above, this rule contact the person listed in the FOR PART 165—REGULATED NAVIGATION
will not have a significant economic FURTHER INFORMATION CONTACT section AREAS AND LIMITED ACCESS AREAS
impact on any vessel owner or operator. above.
Under section 213(a) of the Small ■ 1. The authority citation for part 165
E. Unfunded Mandates Reform Act
Business Regulatory Enforcement continues to read as follows:
Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6; Department of
understanding this rule. If the rule Federal agencies to assess the effects of Homeland Security Delegation No. 0170.1.
would affect your small business, their discretionary regulatory actions. In ■ 2. Add § 165.T01–0935 to read as
organization, or governmental particular, the Act addresses actions follows:
jurisdiction and you have questions that may result in the expenditure by a
concerning its provisions or options for State, local, or tribal government, in the § 165.T01–0935 Regulated Navigation
compliance, please contact the person aggregate, or by the private sector of Area; Portsmouth Naval Shipyard, Kittery,
listed in the FOR FURTHER INFORMATION $100,000,000 (adjusted for inflation) or ME and Portsmouth, NH.
CONTACT section. more in any one year. Though this rule (a) Location. The following area is a
Small businesses may send comments will not result in such an expenditure, regulated navigation area (RNA): All
on the actions of Federal employees we do discuss the effects of this rule navigable waters on the Piscataqua
who enforce, or otherwise determine elsewhere in this preamble. River, Kittery, ME and Portsmouth, NH
compliance with, Federal regulations to near Portsmouth Naval Shipyard from a
F. Environment
the Small Business and Agriculture line drawn between Henderson Point
Regulatory Enforcement Ombudsman We have analyzed this rule under Light ‘‘10’’ (LLNR 8375) at 43°04′29.3″
and the Regional Small Business Department of Homeland Security N., 070°44′10.2″ W. on Seavey Island
Regulatory Fairness Boards. The Management Directive 023–01 and and Pierce Island Range Front Light
Ombudsman evaluates these actions Commandant Instruction M16475.lD, (LLNR 8355) at 43°04′25.4″ N.,
annually and rates each agency’s which guide the Coast Guard in 070°44′25.2″ W. to the Memorial Bridge
responsiveness to small business. If you complying with the National at 43°04′46.8″ N., 070°45′09.6″ W.
wish to comment on actions by Environmental Policy Act of 1969 (42 (b) Regulations. (1) The general
employees of the Coast Guard, call 1– U.S.C. 4321–4370f), and have regulations contained in 33 CFR 165.10,
888–REG–FAIR (1–888–734–3247). The determined that this action is one of a 165.11 and 165.13 apply.
Coast Guard will not retaliate against category of actions that do not (2) In accordance with the general
small entities that question or complain individually or cumulatively have a regulations, vessel movement within the
about this rule or any policy or action significant effect on the human RNA is subject to a ‘‘Slow-No Wake’’
of the Coast Guard. environment. This rule involves an RNA speed limit. No vessel may produce a
lasting 229 days that will limit vessel wake and may not attain speeds greater
C. Collection of Information speed on the Piscataqua River in the than five (5) knots unless a higher
This rule will not call for a new vicinity of the Portsmouth Naval minimum speed is necessary to
collection of information under the Shipyard while construction work is maintain steerageway.
Paperwork Reduction Act of 1995 (44 being completed. It is categorically (3) All vessels operating within the
U.S.C. 3501–3520). excluded from further review under RNA must comply with all directions
paragraph 34(g) of Figure 2–1 of the given to them by the Captain of the Port
D. Federalism and Indian Tribal Commandant Instruction. An (COTP) Sector Northern New England or
Governments environmental analysis checklist his on-scene representative. The ‘‘on-
mstockstill on DSK3G9T082PROD with RULES

A rule has implications for federalism supporting this determination and a scene representative’’ of the COTP is
under Executive Order 13132, Categorical Exclusion Determination any Coast Guard commissioned,
Federalism, if it has a substantial direct will be available in the docket where warrant, or petty officer who has been
effect on the States, on the relationship indicated under ADDRESSES. We seek designated by the COTP to act on his
between the national government and any comments or information that may behalf. The on-scene representative may
the States, or on the distribution of lead to the discovery of a significant be on a Coast Guard vessel, state marine
power and responsibilities among the environmental impact from this rule. patrol vessel, another other designated

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Federal Register / Vol. 81, No. 234 / Tuesday, December 6, 2016 / Rules and Regulations 87815

craft, or may be on shore and will ADDRESSES: EPA has established a SIP, submitted by the Commonwealth
communicate with vessels via VHF–FM docket for this action under Docket on March 22, 2011, and May 3, 2012.
radio or loudhailer. Members of the Identification No. EPA–R04–OAR– See 81 FR 50428. The March 22, 2011,
Coast Guard Auxiliary or Naval Harbor 2015–0521. All documents in the docket submission revises Jefferson County
Security Patrol may be present to inform are listed on the www.regulations.gov Regulation 1.02—Definitions and
vessel operators of this regulation. Web site. Although listed in the index, consolidates Regulations 3.02—
(4) All other relevant regulations, some information is not publicly Applicability of Ambient Air Quality
including but not limited to the Inland available, i.e., Confidential Business Standards; 3.03—Definitions; 3.04—
Navigation Rules (33 CFR chapter I, Information or other information whose Ambient Air Quality Standards; and
subchapter E), remain in effect within disclosure is restricted by statute. 3.05—Methods of Measurement into
the RNA and must be strictly followed Certain other material, such as Regulation 3.01—Ambient Air Quality
at all times. copyrighted material, is not placed on Standards (currently entitled Purpose of
(c) Enforcement Period. This section the Internet and will be publicly Standards and Expression of Non-
will be enforced 24 hours a day from available only in hard copy form. Degradation Intention in the SIP) by
November 14, 2016, through June 30, Publicly available docket materials are removing Regulations 3.02 through 3.05
2017. available either electronically through and expanding and retitling Regulation
(d) Notifications. Violations of this www.regulations.gov or in hard copy at 3.01. This submission also seeks to
section may be reported to the COTP at the Air Regulatory Management Section, revise Regulation 1.06—Source Self-
(207) 767–0303 or on VHF-Channel 16. Air Planning and Implementation Monitoring and Reporting and
Dated: November 7, 2016. Branch, Air, Pesticides and Toxics Regulation 1.07—Emissions During
Management Division, U.S. Startups, Shutdowns, Malfunctions and
S.D. Poulin,
Environmental Protection Agency, Emergencies. EPA is not taking action
Rear Admiral, U.S. Coast Guard, Commander, on the proposed changes to Regulation
First Coast Guard District. Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA 1.06 at this time. EPA approved the
[FR Doc. 2016–29260 Filed 12–5–16; 8:45 am] revision to Regulation 1.07 on June 10,
requests that if at all possible, you
BILLING CODE 9110–04–P
contact the person listed in the FOR 2014 (79 FR 33101). The May 3, 2012,
FURTHER INFORMATION CONTACT section to submission builds on the revisions to
schedule your inspection. The Regional Regulation 3.01 proposed in the March
ENVIRONMENTAL PROTECTION Office’s official hours of business are 22, 2011, submission by updating the
AGENCY Monday through Friday 8:30 a.m. to Jefferson County air quality standards
4:30 p.m., excluding federal holidays. for Pb, PM2.5, PM10, O3, NO2, and SO2
40 CFR Part 52 to reflect the NAAQS, reordering the
FOR FURTHER INFORMATION CONTACT:
[EPA–R04–OAR–2015–0521; FRL–9955–90– sections within the regulation, and
Richard Wong, Air Regulatory
Region 4] making several textual modifications.
Management Section, Air Planning and
The May 3, 2012, submission also seeks
Air Plan Approval; Kentucky; Implementation Branch, Air, Pesticides
to remove the Ford Motor Company
Revisions to Louisville Definitions and and Toxics Management Division, U.S. NOX Reasonably Available Control
Ambient Air Quality Standards Environmental Protection Agency, Technology (RACT) permit from the SIP
Region 4, 61 Forsyth Street SW., and replace it with a Title V permit;
AGENCY: Environmental Protection Atlanta, Georgia 30303–8960. The EPA is not taking action on the
Agency. telephone number is (404) 562–8726. proposed permit substitution at this
ACTION: Final rule. Mr. Wong can be reached via electronic time. The details of Kentucky’s
mail at wong.richard@epa.gov. submission and the rationale for EPA’s
SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION:
Agency (EPA) is taking final action to action are explained in the proposed
I. Background rulemaking. See 81 FR 50428.
approve portions of the State
Comments on the proposed rulemaking
Implementation Plan (SIP) submission Sections 108 and 109 of the CAA were due on or before August 31, 2016.
submitted by the Commonwealth of govern the establishment, review, and EPA received no adverse comments on
Kentucky, through the Kentucky revision, as appropriate, of the NAAQS the proposed action.
Division for Air Quality (KDAQ), on to protect public health and welfare.
behalf of the Louisville Metro Air The CAA requires periodic review of the II. Incorporation by Reference
Pollution Control District (District), on air quality criteria—the science upon In this rule, EPA is finalizing
March 22, 2011, and May 3, 2012. The which the standards are based—and the regulatory text that includes
revisions to the regulatory portion of the standards themselves. EPA’s regulatory incorporation by reference. In
SIP that EPA is taking final action to provisions that govern the NAAQS are accordance with requirements of 1 CFR
approve pertain to changes to the found at 40 CFR 50—National Primary 51.5, EPA is finalizing the incorporation
District’s air quality standards for lead and Secondary Ambient Air Quality by reference of Jefferson County
(Pb), particulate matter (both PM2.5 and Standards. Regulation 1.02—Definitions (except for
PM10), ozone, nitrogen dioxide (NO2), In a proposed rulemaking published the definitions of ‘‘Acute noncancer
and sulfur dioxide (SO2) to reflect the on August 1, 2016, EPA proposed to effect,’’ ‘‘Cancer,’’ ‘‘Carcinogen,’’ and
National Ambient Air Quality Standards approve portions of Kentucky’s ‘‘Chronic noncancer effect’’), effective
(NAAQS), definitional changes, and revisions to the Jefferson County air June 21, 2005, and Regulation 3.01—
mstockstill on DSK3G9T082PROD with RULES

regulatory consolidation. EPA has quality regulations 1 in the Kentucky Ambient Air Quality Standards,
determined that these portions of the
March 22, 2011, and May 3, 2012, SIP 1 In 2003, the City of Louisville and Jefferson has the subheading ‘‘Air Pollution Control District
revisions are consistent with the Clean County governments merged and the ‘‘Jefferson of Jefferson County.’’ Thus, to be consistent with
Air Act (CAA or Act). County Air Pollution Control District’’ was renamed the terminology used in the SIP, EPA refers
the ‘‘Louisville Metro Air Pollution Control throughout this notice to regulations contained in
DATES: This rule will be effective District.’’ However, each of the regulations in the Jefferson County portion of the Kentucky SIP as the
January 5, 2017. Jefferson County portion of the Kentucky SIP still ‘‘Jefferson County’’ regulations.

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Document Created: 2016-12-06 02:18:29
Document Modified: 2016-12-06 02:18:29

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 December 6, 2016 through June 30, 2017. For the purposes of enforcement, actual notice will be used from November 14, 2016, through December 6, 2016.
Contact		If you have questions on this rule, call or email Mr. Craig Lapiejko, Waterways Management, First Coast Guard District; telephone (617) 223-8351, email [email protected] You may also call or email Chief Petty Officer Chris Bains, Waterways Management Division, U.S. Coast Guard Sector Northern New England; telephone (207) 347-5003, email [email protected]
FR Citation		81 FR 87813
RIN Number		1625-AA11
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

81 FR 87813 - Regulated Navigation Area; Portsmouth Naval Shipyard, Kittery, ME and Portsmouth, NH

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 234 (December 6, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard