82 FR 44929 - Special Local Regulation; Fautasi Ocean Challenge Canoe Race, Pago Pago Harbor, American Samoa
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 186 (September 27, 2017)
Coast Guard
Federal Register Volume 82, Issue 186 (September 27, 2017)
| Page Range | 44929-44932 | |
| FR Document | 2017-20664 |
[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)] [Rules and Regulations] [Pages 44929-44932] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20664] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2016-1041] RIN 1625-AA08 Special Local Regulation; Fautasi Ocean Challenge Canoe Race, Pago Pago Harbor, American Samoa AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a permanent special local regulation for the Fautasi Ocean Challenge canoe races in Pago Pago Harbor, American Samoa. These annual events historically occur four separate weekend or holiday days each year. The annual dates include one day in April and three separate days between Veteran's Day and the Thanksgiving holiday weekend. Each of the four days, canoe races are held between 7 a.m. to 4 p.m. This action is necessary to safeguard the participants and [[Page 44930]] spectators, including all crews, vessels, and persons on the water in Pago Pago Harbor during the event. This regulation will functionally close the port to vessel traffic during the race, but will not require the evacuation of any vessels from the harbor. Entry into, transiting, or anchoring in the harbor would be prohibited to all vessels not registered with the sponsor as participants or not part of the race patrol, unless specifically authorized by the Captain of the Port (COTP) Honolulu or a designated representative. Vessels who are already moored or anchored in the harbor seeking permission to remain there shall request permission from the COTP unless deemed a spectator vessel that is moored to a waterfront facility within the regulated area. The area concerned for this permanent special local regulation is described below. DATES: This rule is effective October 27, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2016-1041 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 Lieutenant Commander John Bannon, Waterways Management Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On January 18, 2017, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) in the Federal Register (82 FR 5480) entitled ``Special Local Regulation; Pago Pago Harbor, American Samoa.'' In the NPRM we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this canoe race event. During the comment period that ended February 17, 2017, we received no comments. This event will consist of a series of three single race days within Pago Pago Harbor each November and one race day in April. The event will include 50 longboats with paddling crews of 30-50 persons each. It is anticipated that a large number of spectator pleasure craft will be drawn to the event. Spectator vessels and commercial vessel traffic would pose a significant safety hazard to the longboats, longboat crew members, and other persons and vessels involved with the event due to the longboats limited maneuverability within the port. Traditionally, the event is held on Fridays, Saturdays, or holiday week days, pending when Veteran's Day falls each year, and are dependent on local weather; both factors will dictate the event days each year. III. Legal Authority and Need for Rule The Captain of the Port, Honolulu (COTP), is establishing a permanent special local regulation to minimize vessel traffic in Pago Pago Harbor before, during, and after the scheduled event to safeguard persons and vessels during the longboat races. A regulated area is a water area, shore area, or water and shore area, for safety or environmental purposes, of which access is limited to authorized persons, vehicles, or vessels. The statutory basis for this rulemaking is 33 U.S.C. 1233, which gives the Coast Guard, under a delegation from the Secretary of the Department of Homeland Security, regulatory authority to enforce the Ports and Waterways Safety Act. The Captain of the Port Honolulu has determined that potential safety hazards exist to the longboats, longboat crew members, and other persons and vessels involved with the event due to the longboats limited maneuverability within the port and large amount of spectator vessels and commercial traffic drawn to the event. The purpose of this rule is to ensure safety of vessels and navigable waters in the safety zone before, during, and after the event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published January 18, 2017. However, after the NPRM period, Coast Guard was notified by the event sponsor that an additional event occurs on April 17 annually in celebration of American Samoa's Flag Day. The Coast Guard is amending this regulation to include this event. This rule will create a permanent special local regulation in Pago Pago Harbor. The regulated area will close the harbor to all vessels not authorized by the COTP for entry into, transiting, or anchoring within the port for the duration of the event. The COTP will authorize registered participants, support vessels, and enforcement vessels to enter and remain in the area. No other vessels will be permitted to enter the regulated area without obtaining permission from the COTP or a designated representative. The harbor will remain closed until the Coast Guard issues an ``All Clear'' after races have concluded and the harbor is deemed safe for normal operations. This rule will not require any vessel already moored to evacuate the port, provided they are moored in such a way that they do not interfere with the event. The COTP will use all appropriate means to notify the public when the special local regulation in this rule will be enforced. Such means may include publication in the Federal Register a Notice of Enforcement, Broadcast Notice to Mariners, and Local Notice to Mariners. 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, 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the Special Local Regulation. Vessel traffic will be able to safety transit through the event with prior coordination and approval by the Coast Guard Captain of the Port, or designated representative. Furthermore, the annual events occur during times of the year when commercial vessel traffic is normally low. Moreover, The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the regulation. 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 [[Page 44931]] 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 zero 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 through the regulated area 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. 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 a temporary and limited safety zone in Pago Pago Harbor. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of Commandant Instruction M16475.lD. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233. 0 2. Add Sec. 100.1401 to read as follows: Sec. 100.1401 Special Local Regulation; Fautasi Ocean Challenge Canoe Race, Pago Pago Harbor, America Samoa. (a) Location. The following regulated area is established as a special local regulation: Breakers Point (eastern edge of Pago Pago Harbor entrance) thence southeast to 14[deg]18'47'' S., 170[deg]38'54.5'' W. thence southwest to 14[deg]19'03'' S., 170[deg] 39'14'' W., thence northwest to Tulutulu Point and then following the coastline encompassing Pago Pago Harbor. This regulated area extends from the surface of the water to the ocean floor. (b) Effective period. These annual events occur on four separate dates to include: April 17; and three days to include Friday, Saturday or a holiday weekday, in November between the week of Veteran's Day and the Thanksgiving weekend, lasting between 7 a.m. to 4 p.m. each day. The Captain of the Port Honolulu will establish specific enforcement dates that will be announced in advance by Notice of Enforcement, Local Notice to Mariners, Broadcast Notice to Mariners, and prior event outreach, including local advertisement and on-scene designated representatives prior to and during the event. (c) Regulations. (1) All persons and vessels not registered with the sponsor as participants or support/enforcement vessels are considered spectators. The ``support/enforcement vessels'' consist of any territory or local law enforcement vessels and sponsor-provided vessels assigned or approved by the Captain of the Port Honolulu to patrol the regulated area. (2) No spectator shall anchor, block, loiter or impede the transit of participants or support/enforcement vessels in the regulated area during the enforcement dates and times, unless cleared for entry by or through a support/enforcement vessel. [[Page 44932]] (3) Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event. (d) Informational broadcasts. The Captain of the Port Honolulu will establish enforcement dates and times with a Notice of Enforcement. If circumstances render enforcement of the regulated area unnecessary for the entirety of these periods, the Captain of the Port or his designated representative will inform the public through broadcast notices to mariners that the regulated area is no longer being enforced. The harbor will remain closed until the Coast Guard issues an ``All Clear'' for the harbor after the race has concluded and the harbor is deemed safe for normal operations. (e) Penalties. Vessels or persons violating this rule may be subject to the penalties set forth in 33 U.S.C. 1233. Dated: September 21, 2017. M.C. Long, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2017-20664 Filed 9-26-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations 44929
the six combinations played) at the dog Example 16. C places a $200 Pick 6 bet for § 1.6041–10 of this chapter to determine
racetrack and receives a single ticket a series of races at the racetrack on a whether a winning from bingo, keno, or
reflecting the bet from the cashier. B wins particular day and receives a single ticket for slot machines is a reportable gambling
$5,040 from one of the selected the bet. No wager correctly picks all six races
combinations. Pursuant to the rule in
winning and thus subject to
that day, so that portion of the pool carries
paragraph (c)(1)(ii) of this section, the over to the following day. On the following withholding under section 3406. The
amount of the wager is $120, not $20 for the day, C places an additional $200 Pick 6 bet amount of a reportable gambling
single winning combination of the six for that day’s series of races and receives a winning is—
combinations played. The payment is not new ticket for that bet. C wins $100,000 on (i) The amount paid with respect to
subject to withholding under section 3402(q) the second day. Pursuant to the rule in the amount of the wager reduced, at the
because the proceeds from the wager are paragraph (c)(1)(ii) of this section, the bets option of the payer; by
$4,920 ($5,040 ¥ $120), which is below the are on two separate tickets, so C’s two Pick (ii) The amount of the wager.
section 3402(q) withholding threshold. 6 bets are not aggregated for purposes of
Example 13. B makes two $12 Pick 6 bets
(3) Special rules. For special rules for
determining the amount of the wager. determining the amount of the wager in
at the horse racetrack at two different cashier Assuming that the applicable rate is 25%, the
windows and receives two different tickets racetrack must deduct and withhold $24,950
a wagering transaction with respect to
each representing a single $12 Pick 6 bet. In (($100,000 ¥ $200) × 25%) because the horse racing, dog racing, and jai alai, or
his two Pick 6 bets, B selects the same horses amount of the proceeds of $99,800 ($100,000 amounts paid with respect to identical
to win races 1–5 but selects different horses ¥ $200) is greater than $5,000, and is at least wagers, see § 31.3402(q)–1(c).
to win race 6. All Pick 6 bets on those races 300 times as great as the amount wagered
at that racetrack are part of a single * * * * *
($200 × 300 = $60,000). The racetrack also (h) Applicability date. The rules apply
parimutuel pool from which Pick 6 winning
must report C’s winnings on Form W–2G to reportable gambling winnings paid
bets are paid. B wins $5,020 from one of his
pursuant to paragraph (e) of this section and
Pick 6 bets. Pursuant to the rule in paragraph with respect to a winning event that
furnish a copy of the Form W–2G to C.
(c)(1)(ii) of this section, the bets are not occurs after November 13, 2017. For
aggregated for purposes of determining the (g) Applicability date. The rules in rules that apply to payments made with
amount of the wager because the bets are this section apply to payments made respect to a winning event on or before
reflected on separate tickets. Assuming that with respect to a winning event that
the applicable rate is 25%, the racetrack must
that date, see § 31.3406(g)–2 as
occurs after November 13, 2017. For contained in 26 CFR part 31, revised
deduct and withhold $1,252 (($5,020 ¥ $12)
× 25%) because the amount of the proceeds rules that apply to payments made with April 1, 2017.
of $5,008 ($5,020 ¥ $12) is greater than respect to a winning event on or before
that date, see § 31.3402(q)–1 as Kirsten Wielobob,
$5,000 and is at least 300 times as great as
the amount wagered ($12 × 300 = $3,600). contained in 26 CFR part 31, revised Deputy Commissioner for Services and
The racetrack also must report B’s winnings April 1, 2017. Enforcement.
on Form W–2G pursuant to paragraph (e) of ■ Par. 3. Section 31.3406–0 is amended
Approved: August 21, 2017.
this section and furnish a copy of the Form David J. Kautter,
W–2G to B. by adding an entry for paragraph (h) to
§ 31.3406(g)–2 to read as follows: Assistant Secretary for Tax Policy.
Example 14. C makes two $50 bets in two
different parimutuel pools for the same jai [FR Doc. 2017–20720 Filed 9–25–17; 4:15 pm]
§ 31.3406–0 Outline of the backup
alai game. One bet is an ‘‘exacta’’ in which BILLING CODE 4830–01–P
withholding regulations.
C bets on player M to win and player N to
‘‘place.’’ The other bet is a ‘‘trifecta’’ in * * * * *
which C bets on player M to win, player N DEPARTMENT OF HOMELAND
to ‘‘place,’’ and player O to ‘‘show.’’ C wins § 31.3406(g)–2 Exception for reportable
both bets and is paid $2,000 with respect to payments for which backup withholding is SECURITY
the bet in the ‘‘exacta’’ pool and $3,100 with otherwise required.
respect to the bet in the ‘‘trifecta’’ pool. * * * * * Coast Guard
Under paragraph (c)(1)(iii)(A) of this section, (h) Applicability date.
the bets are not identical bets. Under 33 CFR Part 100
* * * * *
paragraph (c)(1)(ii) of this section, the bets
■ Par. 4. Section 31.3406(g)–2 is [Docket Number USCG–2016–1041]
are not aggregated for purposes of
determining the amount of the wager for amended by revising paragraphs (d)(2) RIN 1625–AA08
either payment because they are not wagers and (3) and adding paragraph (h) to read
in the same parimutuel pool. No section as follows: Special Local Regulation; Fautasi
3402(q) withholding is required on either Ocean Challenge Canoe Race, Pago
payment because neither payment separately § 31.3406(g)–2 Exception for reportable Pago Harbor, American Samoa
exceeds the $5,000 withholding threshold. payment for which withholding is otherwise
Example 15. C makes two $100 bets for the required. AGENCY: Coast Guard, DHS.
same dog to win a particular race. C places * * * * * ACTION: Final rule.
one bet at the racetrack and one bet at an off- (d) * * *
track betting establishment, but the two pools (2) Definition of a reportable gambling SUMMARY: The Coast Guard is
constitute a single pool. C receives separate
tickets for each bet. C wins both bets and is
winning and determination of amount establishing a permanent special local
paid $4,000 from the racetrack and $4,000 subject to backup withholding. For regulation for the Fautasi Ocean
from the off-track betting establishment. purposes of withholding under section Challenge canoe races in Pago Pago
Under paragraph (c)(1)(ii) of this section, the 3406, a reportable gambling winning is Harbor, American Samoa. These annual
bets are not aggregated for purposes of any gambling winning subject to events historically occur four separate
asabaliauskas on DSKBBXCHB2PROD with RULES
determining the amount of the wager because information reporting under section weekend or holiday days each year. The
the wager placed at the racetrack and the 6041. A gambling winning (other than a annual dates include one day in April
wager placed at the off-track betting winning from bingo, keno, or slot and three separate days between
establishment are reflected on separate
tickets, despite being placed in the same
machines) is a reportable gambling Veteran’s Day and the Thanksgiving
parimutuel pool. No section 3402(q) winning only if the amount paid with holiday weekend. Each of the four days,
withholding is required because neither respect to the wager is $600 or more and canoe races are held between 7 a.m. to
payment separately exceeds the $5,000 if the proceeds are at least 300 times as 4 p.m. This action is necessary to
withholding threshold. large as the amount wagered. See safeguard the participants and
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![44932 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Rules and Regulations
(3) Spectator vessels may be moored downwind state. Delaware has to satisfy the requirements of section
to a waterfront facility within the submitted a SIP revision that addresses 110(a)(2), including 110(a)(2)(D)(i), of
regulated area in such a way that they the interstate transport requirements, the CAA as it relates to the 2008 ozone
shall not interfere with the progress of among other things, for the 2008 ozone NAAQS.
the event. Such mooring must be NAAQS. EPA has determined that
I. Background
complete at least 30 minutes prior to the Delaware’s SIP has adequate provisions
establishment of the regulated area and to prohibit the state from significantly On March 12, 2008, EPA revised the
remain moored through the duration of contributing to nonattainment, or levels of the primary and secondary
the event. interfering with maintenance, of the ozone standards from 0.08 parts per
(d) Informational broadcasts. The 2008 ozone NAAQS in any other state. million (ppm) to 0.075 ppm (73 FR
Captain of the Port Honolulu will EPA is approving Delaware’s SIP 16436). The CAA requires states to
establish enforcement dates and times revision submittal in regards to the good submit, within three years after
with a Notice of Enforcement. If neighbor interstate transport provision promulgation of a new or revised
circumstances render enforcement of in accordance with the requirements of NAAQS, SIP revisions meeting the
the regulated area unnecessary for the the CAA. applicable elements of sections 110(a)(1)
entirety of these periods, the Captain of DATES: This rule is effective on and (2).1 Several of these applicable
the Port or his designated representative December 26, 2017 without further elements are delineated within section
will inform the public through notice, unless EPA receives adverse 110(a)(2)(D)(i) of the CAA. Section
broadcast notices to mariners that the written comment by October 27, 2017. 110(a)(2)(D)(i) generally requires SIPs to
regulated area is no longer being If EPA receives such comments, it will contain adequate provisions to prohibit
enforced. The harbor will remain closed publish a timely withdrawal of the in-state emissions activities from having
until the Coast Guard issues an ‘‘All direct final rule in the Federal Register certain adverse air quality effects on
Clear’’ for the harbor after the race has and inform the public that the rule will neighboring states due to interstate
concluded and the harbor is deemed not take effect. transport of air pollution. There are four
safe for normal operations. ADDRESSES: Submit your comments,
prongs within section 110(a)(2)(D)(i) of
(e) Penalties. Vessels or persons identified by Docket ID No. EPA–R03– the CAA; section 110(a)(2)(D)(i)(I)
violating this rule may be subject to the OAR–2013–0408 at http:// contains prongs 1 and 2, while section
penalties set forth in 33 U.S.C. 1233. www.regulations.gov, or via email to 110(a)(2)(D)(i)(II) includes prongs 3 and
stahl.cynthia@epa.gov. For comments 4. This direct final action addresses the
Dated: September 21, 2017. first two prongs, which are also
M.C. Long,
submitted at Regulations.gov, follow the
online instructions for submitting collectively known as the good neighbor
Captain, U.S. Coast Guard, Captain of the provision. According to the CAA’s good
Port Honolulu.
comments. Once submitted, comments
cannot be edited or removed from neighbor provision located within
[FR Doc. 2017–20664 Filed 9–26–17; 8:45 am]
Regulations.gov. For either manner of section 110(a)(2)(D)(i)(I), a state’s SIP
BILLING CODE 9110–04–P
submission, EPA may publish any must contain adequate provisions to
comment received to its public docket. prohibit any source or other type of
Do not submit electronically any emissions activity within the state from
ENVIRONMENTAL PROTECTION information you consider to be emitting air pollutants that ‘‘contribute
AGENCY confidential business information (CBI) significantly to nonattainment in, or
or other information whose disclosure is interfere with maintenance by, any
40 CFR Part 52 restricted by statute. Multimedia other state with respect to any such
[EPA–R03–OAR–2013–0408; FRL–9968–20– submissions (audio, video, etc.) must be national primary or secondary ambient
Region 3] accompanied by a written comment. air quality standard.’’ Under section
The written comment is considered the 110(a)(2)(D)(i)(I) of the CAA, EPA gives
Air Plan Approval; Delaware; State official comment and should include independent significance to the matter
Implementation Plan for Interstate discussion of all points you wish to of nonattainment (prong 1) and to that
Transport for the 2008 Ozone Standard make. EPA will generally not consider of maintenance (prong 2).
AGENCY: Environmental Protection comments or comment contents located II. Summary of SIP Revision
Agency (EPA). outside of the primary submission (i.e. On March 27, 2013, the State of
on the web, cloud, or other file sharing Delaware through DNREC provided a
ACTION: Direct final rule.
system). For additional submission SIP revision submittal to satisfy the
SUMMARY: The Environmental Protection methods, please contact the person requirements of section 110(a)(2) of the
Agency (EPA) is taking direct final identified in the FOR FURTHER CAA for the 2008 ozone NAAQS. In this
action to approve a portion of a state INFORMATION CONTACT section. For the
rulemaking action, EPA is approving
implementation plan (SIP) revision full EPA public comment policy, one portion of Delaware’s March 27,
submitted by the State of Delaware. The information about CBI or multimedia 2013 submittal—the portion addressing
Clean Air Act’s (CAA) good neighbor submissions, and general guidance on prongs 1 and 2 of section
provision requires EPA and states to making effective comments, please visit 110(a)(2)(D)(i)(I) of the CAA. EPA
address the interstate transport of air http://www2.epa.gov/dockets/ previously acted on other portions of
pollution that affects the ability of commenting-epa-dockets. Delaware’s March 27, 2013 SIP
asabaliauskas on DSKBBXCHB2PROD with RULES
downwind states to attain and maintain FOR FURTHER INFORMATION CONTACT: submittal for the 2008 ozone NAAQS.2
the national ambient air quality Ellen Schmitt, (215) 814–5787, or by
standards (NAAQS). Specifically, the email at schmitt.ellen@epa.gov. 1 SIP revisions that are intended to meet the
good neighbor provision requires each SUPPLEMENTARY INFORMATION: On March requirements of section 110(a) of the CAA are often
state in its SIP to prohibit emissions that 27, 2013, the State of Delaware through referred to as infrastructure SIPs and the elements
under 110(a) are referred to as infrastructure
will significantly contribute to the Delaware Department of Natural requirements.
nonattainment, or interfere with Resources and Environmental Control 2 On April 3, 2014 (79 FR 18644), EPA approved
maintenance, of a NAAQS in a (DNREC) submitted a revision to its SIP portions of Delaware’s March 27, 2013 submittal for
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Document Created: 2018-10-24 14:47:05
Document Modified: 2018-10-24 14:47:05
| 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 | Final rule. | |
| Dates | This rule is effective October 27, 2017. | |
| Contact | If you have questions on this rule, call or email Lieutenant Commander John Bannon, Waterways Management Division, U.S. Coast Guard Sector Honolulu; telephone (808) 541-4359, email [email protected] | |
| FR Citation | 82 FR 44929 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways |
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