82 FR 58742 - Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 239 (December 14, 2017)
Coast Guard
Federal Register Volume 82, Issue 239 (December 14, 2017)
| Page Range | 58742-58745 | |
| FR Document | 2017-26935 |
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)] [Rules and Regulations] [Pages 58742-58745] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26935] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-1053] RIN 1625-AA00 Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA AGENCY: Coast Guard, DHS. ACTION: Interim rule and request for comments. ----------------------------------------------------------------------- SUMMARY: This interim rule modifies and extends the effective period of the existing temporary safety zone encompassing all navigable waters within a 250-yard radius of Commerce Construction vessels and machinery conducting diving and pipeline removal operations in the Delaware River, in the vicinity of Anchorage 7, near Marcus Hook, PA. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by diving and pipeline removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Delaware Bay. We invite your comments on this rulemaking. DATES: This rule is effective without actual notice from December 14, 2017. For the purposes of enforcement, actual notice will be used from December 9, 2017, through December 14, 2017. Comments and related material must be received by the Coast Guard on or before January 16, 2018. ADDRESSES: Documents mentioned in this preamble are part of Docket Number USCG-2017-1053. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Open Docket Folder'' on the line associated with this rulemaking. You may submit comments, identified by docket number, using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section for [[Page 58743]] further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this rulemaking, call or email Petty Officer Amanda Boone, Waterways Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4889, 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. Regulatory History and Information On November 28, 2017, the Coast Guard published a temporary safety zone titled Safety Zone; Delaware River, Pipeline Removal, Marcus Hook, PA (82 FR 56170). The temporary safety zone established a safety zone from November 21, 2017, through December 8, 2017. The safety zone covers all navigable waters within 250 yards of vessels and machinery being used by personnel to conduct diving and pipe removal operations. Due to unforeseen issues with the operation, the expected dates of work have been changed and extended to February 28, 2018. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be impracticable because immediate action is needed to address the potential safety hazards associated with diving and pipeline removal operations. III. Background, Purpose, and Legal Basis The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Delaware Bay has determined that potential hazards associated with diving and pipe removal operations currently underway in the Delaware River, will be a safety concern for anyone within a 250-yard radius of diving and pipe removal vessels and machinery. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the operations are being conducted. IV. Discussion of Comments, Changes, and the Interim Rule Only two changes have been made to the existing temporary rule. First, the original end date for enforcement of the safety zone was December 8, 2017, and the end date for the enforcement of the safety zone is being changed to February 28, 2018. Second, the enforcement period regulatory text, paragraph (d), has been amended to indicate what time of day the zone will be enforced. This timeframe was discussed in the regulatory analyses statements of the temporary final rule but was not included in the regulatory text itself. This rule establishes a safety zone from December 9, 2017, through February 28, 2018. The safety zone will cover all navigable waters within 250 yards of vessels and machinery being used by personnel to conduct diving and pipe removal operations. V. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders (E.O.s) related to rulemaking. Below we summarize our analyses based on a number of these statutes and E.O.s and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review E.O.s 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. E.O. 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under E.O. 12866. Accordingly, the 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 E.O. 13771. This regulatory action determination is based on the size, location and duration of the security zone. Vessel traffic will be able to safely transit around this safety zone which would impact a small designated area of the Delaware River from December 9, 2017, through February 28, 2018. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16, Local Notice to Mariners, and Marine Safety Information Bulletin about the zone, and the rule would allow vessels to seek permission to enter the zone. 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 would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels that intend to transit the security zone may be small entities, for the reasons stated in section V.A above this rule would not have a significant economic impact on any vessel owner or operator. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 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. 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 would not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under E.O. 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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 [[Page 58744]] 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 would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone that will prohibit entry within 250 yards of vessels and machinery being used by personnel to conduct diving and pipe removal operations. It is categorically excluded from further review under paragraph L60(d) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration (REC) is 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. VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number USCG-2017-1053 for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, you may review a Privacy Act notice regarding the Federal Docket Management System in the March 24, 2005, issue of the Federal Register (70 FR 15086). Documents mentioned in this rule as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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.T05-1053, to read as follows: Sec. 165.T05-1053 Safety Zone, Delaware River; Pipeline Removal; Marcus Hook, PA. (a) Location. The following areas are safety zones: All navigable waters within 250 yards of the towing vessel JOKER, Commerce Construction crane barge KELLY, and associated diving and pipe removal vessels, as well as any associated equipment, operating in Marcus Hook Range and Anchorage No. 7 near Marcus Hook, PA, on the Delaware River. (b) Definitions--(1) Captain of the Port means the Commander, Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf. (2) Designated representative means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Delaware Bay, to assist with the enforcement of safety zones described in paragraph (a) of this section. (c) Regulations. The general safety zone regulations found in 33 CFR part 165 subpart C apply to the safety zone created by this section. (1) Entry into or transiting within either safety zone is prohibited unless vessels obtain permission from the Captain of the Port via VHF-FM channel 16, or make satisfactory passing arrangements via VHF-FM channels 13 or 80 with the towing vessel JOKER per this section and the rules of the Road (33 CFR subchapter E). Vessels requesting to transit shall contact the towing vessel JOKER on channel 13 or 80 at least 1 hour, as well as 30 minutes, prior to arrival. (2) Vessels granted permission to enter and transit the safety zone must do so in accordance with any directions or orders of the Captain of the Port, his designated representative, or the towing vessel JOKER. No person or vessel may enter or remain in a safety zone without permission from the Captain of the Port or the towing vessel JOKER. (3) There are three sections of pipeline that will be removed. The first two sections of pipeline to be removed are in Anchorage No. 7, Marcus Hook Anchorage, in the Delaware River. During removal of these sections of pipeline, the safety zone will restrict vessels from anchoring in the lower portion of Anchorage No. 7. (4) During removal of the third section of pipeline, operations will be conducted within the main navigational channel and vessels will be required to transit through the lower portion of Anchorage No. 7. The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16, Local Notice to Mariners, and Marine Safety Information Bulletin further defining specific work locations and traffic patterns. (5) All vessels must operate at the minimum safe speed necessary to maintain steerage and reduce wake. (6) This section applies to all vessels that intend to transit through the safety [[Page 58745]] zone except vessels that are engaged in the following operations: enforcement of laws, service of aids to navigation, and emergency response. (d) Enforcement periods. This section will be enforced from December 8, 2017, through February 28, 2018. Enforcement will generally be between the hours of 5 a.m. and 7 p.m., Monday through Sunday, while the zone is in effect. Dated: December 8, 2017. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2017-26935 Filed 12-13-17; 8:45 am] BILLING CODE 9110-04-P
![58742 Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations
consumers associated with such exceed 36 percent interest in this Dated: December 11, 2017.
ancillary credit-related products.7 category is very small and possibly Patricia L. Toppings,
Based on available data, the negligible, especially considering the OSD Federal Register Liaison Officer,
Department estimates the annual total time that has passed since the final rule Department of Defense.
market revenue for these products at was issued. This number is anticipated [FR Doc. 2017–26974 Filed 12–13–17; 8:45 am]
$6,116.5 and $3,761.7 million, to be even more likely to be negligible BILLING CODE 5001–06–P
respectively, or a total of $9,878.1 when considering the number of
million. The Department estimates that covered borrowers who would choose to
the covered borrower market for these
consume this product particularly in DEPARTMENT OF HOMELAND
products is .95 percent of the total
light of the existing MLA requirement. SECURITY
market for these products, as covered
borrower households represent .95 2 U.S.C. Ch. 25, ‘‘Unfunded Mandates Coast Guard
percent of total U.S. households, which Reform Act’’
implies a total possible market for 33 CFR Part 165
covered borrowers of approximately Section 202 of the Unfunded
$93.8 million. Of these covered Mandates Reform Act of 1995 (2 U.S.C. [Docket Number USCG–2017–1053]
borrowers, the Department estimates 1532) requires agencies to assess
RIN 1625–AA00
that only a very small portion of these anticipated costs and benefits before
consumers could include the Service issuing any rule whose mandates Safety Zone; Delaware River, Pipeline
members and their families covered by require spending in any 1 year of $100 Removal, Marcus Hook, PA
the MLA. As an example, if the typical million in 1995 dollars, updated
consumer of such a product is an annually for inflation. In 2014, that AGENCY:Coast Guard, DHS.
enlisted Service member under 25, does threshold is approximately $141 Interim rule and request for
ACTION:
not have a college degree, and owns a million. This rule will not mandate any comments.
car, the possible market value relevant requirements for State, local, or tribal
to the MLA and this interpretive rule SUMMARY: This interim rule modifies
governments, nor will it affect private
might be more like $21.7 million.8 and extends the effective period of the
sector costs. existing temporary safety zone
Within this further market segment, an
undetermined percentage of these Public Law 96–354, ‘‘Regulatory encompassing all navigable waters
products actually offer interest rates Flexibility Act’’ (5 U.S.C. Ch. 6) within a 250-yard radius of Commerce
greater than 36 percent and would Construction vessels and machinery
actually be purchased by this group, The Department of Defense certifies conducting diving and pipeline removal
which would represent the share of that this rule is not subject to the operations in the Delaware River, in the
products that fall under the MLA Regulatory Flexibility Act (5 U.S.C. 601) vicinity of Anchorage 7, near Marcus
requirement. Generally, in this and because it would not, if promulgated, Hook, PA. The safety zone is needed to
other possible scenarios across age have a significant economic impact on protect personnel, vessels, and the
groups and other demographic a substantial number of small entities. marine environment from potential
characteristics, the Department Therefore, the Regulatory Flexibility hazards created by diving and pipeline
anticipates the universe of products that Act, as amended, does not require us to removal operations. Entry of vessels or
prepare a regulatory flexibility analysis. persons into this zone is prohibited
7 See Experian, ‘‘State of the Automotive Finance
unless specifically authorized by the
Market: A Look at Loans and Leases in Q4 2016,’’ Public Law 96–511, ‘‘Paperwork Captain of the Port Delaware Bay. We
at 11, 19 (2016); Colonnade Advisors, ‘‘F&I Products
Industry Market Commentary,’’ at 2 (2016),
Reduction Act’’ (44 U.S.C. Chapter 35) invite your comments on this
available at coladv.com/wp-content/uploads/FI- rulemaking.
Product-Industry-Report-April-2016.pdf ; F&I and This rule does not impose reporting
Showroom, ‘‘Tracking F&I Performance,’’ http:// and record keeping requirements under DATES: This rule is effective without
www.fi-magazine.com/article/story/2012/01/ the Paperwork Reduction Act of 1995. actual notice from December 14, 2017.
tracking-f-i-performance.aspx (last visited Sept. 20, For the purposes of enforcement, actual
2017). The Department’s research indicates that the Executive Order 13132, ‘‘Federalism’’
available data regarding credit-related ancillary notice will be used from December 9,
products in the auto lending marketplace are 2017, through December 14, 2017.
limited and primarily derived from informal This rule was analyzed in accordance Comments and related material must be
surveys and reports. with the principles and criteria received by the Coast Guard on or before
8 Approximately 82 percent of Service members
contained in Executive Order 13132 January 16, 2018.
are enlisted; 91 percent do not have college degrees; (‘‘Federalism’’). It has been determined
44 percent are under 25 years of age; and 67 percent ADDRESSES: Documents mentioned in
of those under 25 own or lease at least one vehicle. that it does not have sufficient
this preamble are part of Docket Number
The intersection of these portions creates a factor Federalism implications to warrant the USCG–2017–1053. To view documents
of approximately .22, which can be applied to the preparation of a Federalism summary
total market value of approximately $93.8 million, mentioned in this preamble as being
resulting in a possible market segment of impact statement. This rule has no available in the docket, go to http://
approximately $21.7 million. This segment would substantial effect on the States, or on the www.regulations.gov, type the docket
then require further apportionment to reflect the current Federal-State relationship, or on
share of the products therein that offer interest rates number in the ‘‘SEARCH’’ box and click
above the 36 percent cap. See 2015 Demographics the current distribution of power and ‘‘SEARCH.’’ Click on ‘‘Open Docket
Profile of the Military Community, Chapter 2, responsibilities among the various local Folder’’ on the line associated with this
sradovich on DSK3GMQ082PROD with RULES
Department of Defense, available at http:// officials. Nothing in this rule preempts rulemaking. You may submit comments,
download.militaryonesource.mil/12038/MOS/
Reports/2015-Demographics-Report.pdf and Table
any State law or regulation. Therefore, identified by docket number, using the
3202. Consumer units with reference person under the Department did not consult with Federal eRulemaking Portal at http://
age 25 by income before taxes: Average annual State and local officials because it was www.regulations.gov. See the ‘‘Public
expenditures, Consumer Expenditure Survey, 2015–
2016, Bureau of Labor Statistics, available at
not necessary. Participation and Request for
https://www.bls.gov/cex/2016/CrossTabs/agebyinc/ Comments’’ portion of the
xunder25.PDF. SUPPLEMENTARY INFORMATION section for
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![Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations 58745
zone except vessels that are engaged in not publicly available, e.g., Confidential following the promulgation of that
the following operations: enforcement of Business Information (CBI) or other NAAQS. Section 110(a)(2) lists specific
laws, service of aids to navigation, and information whose disclosure is requirements that states must meet in
emergency response. restricted by statute. Certain other these SIP submissions, as applicable.
(d) Enforcement periods. This section material, such as copyrighted material, The EPA refers to this type of SIP
will be enforced from December 8, 2017, will be publicly available only in hard submission as the ‘‘infrastructure’’ SIP
through February 28, 2018. Enforcement copy. Publicly-available docket because it ensures that states can
will generally be between the hours of materials are available at http:// implement, maintain and enforce the air
5 a.m. and 7 p.m., Monday through www.regulations.gov or in hard copy at standards. Within these requirements,
Sunday, while the zone is in effect. the EPA Region 10, Office of Air and
section 110(a)(2)(D)(i) contains
Dated: December 8, 2017. Waste, 1200 Sixth Avenue, Seattle,
requirements to address interstate
Washington, 98101. The EPA requests
Scott E. Anderson, transport of NAAQS pollutants. A SIP
that if at all possible, you contact the
Captain, U.S. Coast Guard, Captain of the
individuals listed in the FOR FURTHER revision submitted for this sub-section
Port, Delaware Bay. is referred to as an ‘‘interstate transport
INFORMATION CONTACT section to view
[FR Doc. 2017–26935 Filed 12–13–17; 8:45 am]
the hard copy of the docket. You may SIP.’’ In turn, section 110(a)(2)(D)(i)(I)
BILLING CODE 9110–04–P
view the hard copy of the docket requires that such a plan contain
Monday through Friday, 8:00 a.m. to adequate provisions to prohibit
4:00 p.m., excluding Federal holidays. emissions from the state that will
ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Jeff contribute significantly to
AGENCY Hunt, Air Planning Unit, Office of Air nonattainment of the NAAQS in any
and Waste (OAW–150), EPA, Region 10, other state (‘‘prong 1’’) or interfere with
40 CFR Part 52 maintenance of the NAAQS in any other
1200 Sixth Ave., Suite 900, Seattle,
[EPA–R10–OAR–2017–0677; FRL–9971–88– Washington 98101; (206) 553–0256; state (‘‘prong 2’’). Interstate transport
Region 10] hunt.jeff@epa.gov. prongs 1 and 2, also called the ‘‘good
SUPPLEMENTARY INFORMATION: neighbor’’ provisions, are the
Finding of Failure To Submit a Section requirements relevant to this finding.
110 State Implementation Plan for Table of Contents
Interstate Transport for the 2012 Pursuant to CAA section 110(k)(1)(B),
I. General Information
Annual National Ambient Air Quality II. Background and Overview the EPA must determine no later than 6
Standards for Fine Particles III. Finding of Failure To Submit for months after the date by which a state
Washington State is required to submit a SIP whether a
AGENCY: Environmental Protection IV. Environmental Justice Considerations state has made a submission that meets
Agency (EPA). V. Statutory and Executive Order Reviews the minimum completeness criteria
ACTION: Final rule. established per section 110(k)(1)(A). The
I. General Information
SUMMARY: The Environmental Protection EPA refers to the determination that a
A. Notice and Comment Under the state has not submitted a SIP
Agency (EPA) is taking final action Administrative Procedures Act (APA)
finding that Washington State failed to submission that meets the minimum
submit an infrastructure State Section 553 of the APA, 5 U.S.C. completeness criteria as a ‘‘finding of
Implementation Plan (SIP) to satisfy 553(b)(3)(B), provides that, when an failure to submit.’’ If the EPA finds a
certain interstate transport requirements agency for good cause finds that notice state has failed to submit a SIP to meet
of the Clean Air Act (CAA) with respect and public procedure are impracticable, its statutory obligation to address
to the 2012 annual fine particles (PM2.5) unnecessary or contrary to the public section 110(a)(2)(D)(i)(I), pursuant to
national ambient air quality standard interest, the agency may issue a rule section 110(c)(1) the EPA has not only
(NAAQS). Specifically, these without providing notice and an
the authority, but the obligation, to
requirements pertain to significant opportunity for public comment. The
EPA has determined that there is good promulgate a FIP within 2 years to
contribution to nonattainment, or address the CAA requirement. This
cause for making this rule final without
interference with maintenance, of the finding therefore starts a 2-year clock for
prior proposal and opportunity for
2012 annual PM2.5 NAAQS in other promulgation by the EPA of a FIP, in
comment because no significant EPA
states. This finding of failure to submit accordance with section 110(c)(1),
judgment is involved in making a
establishes a 2-year deadline for the unless prior to such promulgation the
finding of failure to submit SIPs, or
EPA to promulgate a Federal state submits, and the EPA approves, a
elements of SIPs, required by the CAA,
Implementation Plan (FIP) to address submittal from the state to meet the
where states have made no submissions
the interstate transport SIP requirements requirements of section 110(a)(2)(D)(i)(I)
or incomplete submissions, to meet the
pertaining to significant contribution to
requirement. Thus, notice and public for the 2012 annual PM2.5 NAAQS. The
nonattainment and interference with
procedure are unnecessary. The EPA EPA will work with the state subject to
maintenance unless, prior to the EPA
finds that this constitutes good cause this finding of failure to submit and
promulgating a FIP, the state submits,
under 5 U.S.C. 553(b)(3)(B). provide assistance as necessary to help
and the EPA approves, a SIP that meets
these requirements. B. How is the Preamble organized? the state develop an approvable
submittal in a timely manner. The EPA
DATES: This final rule is effective on II. Background and Overview notes this action does not start a
sradovich on DSK3GMQ082PROD with RULES
January 16, 2018.
A. Interstate Transport SIPs mandatory sanctions clock pursuant to
ADDRESSES: The EPA has established a
CAA section 179 because this finding of
docket for this action under Docket ID CAA section 110(a) imposes an
failure to submit does not pertain to a
No. EPA–R10–OAR–2017–0677. All obligation upon states to submit SIPs
documents in the dockets are listed on that provide for the implementation, part D plan for nonattainment areas
http://www.regulations.gov. Although maintenance and enforcement of a new required under section 110(a)(2)(I) or a
listed in the index, some information is or revised NAAQS within 3 years SIP call pursuant section 110(k)(5).
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Document Created: 2018-10-25 10:53:59
Document Modified: 2018-10-25 10:53:59
| 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 | Interim rule and request for comments. | |
| Dates | This rule is effective without actual notice from December 14, 2017. For the purposes of enforcement, actual notice will be used from December 9, 2017, through December 14, 2017. Comments and related material must be received by the Coast Guard on or before January 16, 2018. | |
| Contact | If you have questions about this rulemaking, call or email Petty Officer Amanda Boone, Waterways Management Branch, U.S. Coast Guard Sector Delaware Bay; telephone (215) 271-4889, email [email protected] | |
| FR Citation | 82 FR 58742 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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