82 FR 789 - Safety Zone; Apra Harbor, Guam
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 2 (January 4, 2017)
Coast Guard
Federal Register Volume 82, Issue 2 (January 4, 2017)
| Page Range | 789-792 | |
| FR Document | 2016-31894 |
[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)] [Proposed Rules] [Pages 789-792] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31894] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-1019] RIN 1625-AA00 Safety Zone; Apra Harbor, Guam AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to revise the existing safety zones currently in effect at Naval Wharf Kilo in Apra Outer Harbor, Guam, by adding a 500-yard permanent safety zone, hereinafter referred to as Safety Zone D, to provide a buffer between the explosives regularly handled on Naval Wharf Kilo, and the general public and maritime operators. The addition of Safety Zone D would also reduce the frequency of enforcement of Safety Zones A and B. This action also eliminates from the regulation the requirement to post a sign when Safety Zones A or B are being [[Page 790]] enforced; during such enforcement periods, notification will occur via a slight modification of the displayed visual indicators already codified in the existing regulation as well as via a broadcast notice to mariners. This rulemaking will better meet the needs of the community and reduce the frequency that restrictions must be imposed through the addition of a less restrictive permanent safety zone, thereby enhancing the safe and efficient use of Apra Outer Harbor Channel in the vicinity of Naval Wharf Kilo. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before February 21, 2017. Requests for public meetings must be received by the Coast Guard on or before January 30, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-1019 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 further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Chief Kristina Gauthier, Sector Guam Waterways Management Division, U.S. Coast Guard; telephone 671-255- 4866, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations BNM Broadcast Notice to Mariners 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 II. Background, Purpose, and Legal Basis In 1990, Safety Zone B was established around the newly constructed Naval Wharf Kilo. On February 10, 2015, the Coast Guard amended Apra Harbor safety zone regulation in 33CFR 165.1401 to remove the 680-yard permanent safety zone around Naval Wharf Kilo and add two intermittent safety zones, Safety Zones A and B, with arcs of 1,000 and 1,400 yards radius, respectively. Over the past 21 plus months, the Coast Guard has evaluated the effect of these changes and their impact on the waters in and around Naval Wharf Kilo. Based on this evaluation, the Coast Guard has determined that an additional amendment to 33 CFR 165.1401 providing a 500-yard permanent safety zone around Naval Wharf Kilo is necessary to enhance the safety of the waterway and reduce adverse impacts to the maritime community and general public. This amendment will also reduce the frequency of enforcement of Safety Zones A and B and eliminate from the regulation the requirement to post a sign during the enforcement periods of Safety Zones A or B; during such enforcement periods notification will occur via a slight modification of the displayed visual indicators already codified in the existing regulation as well as via a broadcast notice to mariners. The purpose of this rulemaking is to ensure the safety of people and vessels in the navigable waters of Apra Outer Harbor within a 500- 1,400 yard radius of Naval Wharf Kilo before, during, and after wharf operations. The Coast Guard proposes this rulemaking pursuant to its authority in 33 U.S.C. 1231. III. Discussion of Proposed Rule The COTP proposes to amend 33 CFR 165.1401 to add Safety Zone D, a 500-yard permanent safety zone at Naval Wharf Kilo, to provide a buffer between the explosives regularly handled on Naval Wharf Kilo, and the general public and marine operators. Safety Zone D will greatly reduce the enforcement periods of Safety Zones A and B. Safety zones A and B will be enforced when the COTP determines that reasonable risks to the public exist that may be minimized through zone enforcement. Notification of enforcement of Safety Zones A will be provided via a red (BRAVO) flag by day or single red light by night. Notification of enforcement of Safety Zone B will be provided via 2 red (BRAVO) flags by day or 2 red lights by night. When Safety Zone A or B is enforced, the COTP will also provide notification via a broadcast notice to mariners. Signs stating ``Safety Zone A'' and ``Safety Zone B,'' respectively, will not be posted. During enforcement of any safety zone, no vessel or person may enter the zone without the express permission from the COTP or his designated representative. The proposed regulatory amendments appear at the end of this document. IV. Regulatory Analyses This proposed rule was developed 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 NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 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-day of the safety zones. The implementation of a 500-yard safety zone around Naval Wharf Kilo will drastically minimize the number of days that vessel traffic will be impacted under current parameters for activation of Safety Zone A. Vessel traffic will continue to be permitted to pass through Safety Zones A and B with the permission of the Captain of the Port. Moreover, the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones. 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 proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed 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. [[Page 791]] Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. C. Collection of Information This proposed 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 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 proposed 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 proposed rule does not have tribal implications under Executive Order 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 distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this proposed 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 proposed 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 proposed 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 proposed rule involves the re- establishment of a permanent safety zone around Naval Wharf Kilo and the clarification of visual indicators utilized during the active implementation of Safety Zones A and B. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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. V. 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 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 NPRM 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 Web site'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. We plan to hold a public meeting to receive oral comments on this NPRM and will announce the date, time, and location in a separate document published in the Federal Register. If you signed up for docket email alerts mentioned in the paragraph above, you will receive an email notice when the public meeting notice is published and placed in the docket. 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 proposes to amend 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. In Sec. 165.1401, add paragraph (a)(3) and revise paragraph (b) to read as follows: Sec. 165.1401 Apra Harbor, Guam--safety zones. (a) * * * (3) The following is designated Safety Zone D: The waters of Apra Outer Harbor encompassed within an arc of 500 yards radius centered at the center of Naval Wharf Kilo, located at 13 degrees 26'44.5'' N. and 144 degrees 37'50.7'' E. (Based on World Geodetic System 1984 Datum). (b) Regulations. (1) Safety Zone A, described in paragraph (a) of this [[Page 792]] section, will only be enforced when Coast Guard Sector Guam issues a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone and Naval Wharf Kilo, and a vessel berthed at Naval Wharf Kilo, is displaying a red (BRAVO) flag by day or a red light by night. (2) Safety Zone B described in paragraph (a) of this section will only be enforced when Coast Guard Sector Guam issues a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone and Naval Wharf Kilo, and a vessel berthed at Naval Wharf Kilo, is displaying 2 red (BRAVO) flags by day or 2 red lights by night. (3) Safety Zone D is permanent and will be enforced at all times. (4) Under general regulations in Sec. 165.23, during periods of enforcement, entry into the Safety Zones A and B as described in paragraph (a) of this section, is prohibited unless expressly authorized by the Captain of the Port, Guam or a designated representative. Entry into Safety Zone D is prohibited at all times unless expressly authorized by the Captain of the Port, Guam or a designated representative. Dated: December 5, 2016. James B. Pruett, Captain, U.S. Coast Guard, Captain of the Port, Guam. [FR Doc. 2016-31894 Filed 1-3-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules 789
D. Federalism and Indian Tribal review, under figure 2–1, paragraph List of Subjects in 33 CFR Part 117
Government (32)(e), of the Instruction. Bridges.
A rule has implications for federalism Under figure 2–1, paragraph (32)(e), of For the reasons discussed in the
under Executive Order 13132, the Instruction, an environmental preamble, the Coast Guard proposes to
Federalism, if it has a substantial direct analysis checklist and a categorical amend 33 CFR part 117 as follows:
effect on the States, on the relationship exclusion determination are not
between the national government and required for this rule. We seek any PART 117—DRAWBRIDGE
the States, or on the distribution of comments or information that may lead OPERATION REGULATIONS
power and responsibilities among the to the discovery of a significant
environmental impact from this ■ 1. The authority citation for part 117
various levels of government. We have continues to read as follows:
analyzed this proposed rule under that proposed rule.
Order and have determined that it is Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
G. Protest Activities
Department of Homeland Security Delegation
consistent with the fundamental
The Coast Guard respects the First No. 0170.1.
federalism principles and preemption
requirements described in Executive Amendment rights of protesters. ■ 2. Revise § 117.671 to read as follows:
Order 13132. Protesters are asked to contact the
§ 117.671 Upper Mississippi River.
person listed in the FOR FURTHER
Also, this proposed rule does not have (a) The draws of all bridges between
INFORMATION CONTACT section to
tribal implications under Executive Lock and Dam No. 14, mile 493.3, and
coordinate protest activities so that your
Order 13175, Consultation and Lock and Dam No. 2, mile 815.2, shall
message can be received without
Coordination with Indian Tribal open on signal; except that, from on or
jeopardizing the safety or security of
Governments, because it would not have about December 15 through the last day
people, places or vessels.
a substantial direct effect on one or of February, the draws shall open on
more Indian tribes, on the relationship V. Public Participation and Request for signal if at least 24 hours notice is given.
between the Federal Government and Comments (b) The draws of all bridges between
Indian tribes, or on the distribution of Lock and Dam No. 2, mile 815.2 and
power and responsibilities between the We view public participation as Lock and Dam No. 1, mile 847.6, shall
Federal Government and Indian tribes. essential to effective rulemaking, and open on signal; except that, from on or
If you believe this proposed rule has will consider all comments and material about December 15 through the last day
implications for federalism or Indian received during the comment period. of February, the draws shall open on
tribes, please contact the person listed Your comment can help shape the signal if at least 12 hours notice is given.
in the FOR FURTHER INFORMATION outcome of this rulemaking. If you
submit a comment, please include the Dated: December 22, 2016.
CONTACT section above.
docket number for this rulemaking, D.R. Callahan,
E. Unfunded Mandates Reform Act indicate the specific section of this Rear Admiral, U.S. Coast Guard, Commander,
document to which each comment Eighth Coast Guard District.
The Unfunded Mandates Reform Act
applies, and provide a reason for each [FR Doc. 2016–31893 Filed 1–3–17; 8:45 am]
of 1995 (2 U.S.C. 1531–1538) requires
suggestion or recommendation. BILLING CODE 9110–04–P
Federal agencies to assess the effects of
their discretionary regulatory actions. In We encourage you to submit
particular, the Act addresses actions comments through the Federal
eRulemaking Portal at http:// DEPARTMENT OF HOMELAND
that may result in the expenditure by a SECURITY
State, local, or tribal government, in the www.regulations.gov. If your material
aggregate, or by the private sector of cannot be submitted using http:// Coast Guard
$100,000,000 (adjusted for inflation) or www.regulations.gov, contact the person
more in any one year. Though this in the FOR FURTHER INFORMATION 33 CFR Part 165
proposed rule will not result in such an CONTACT section of this document for
alternate instructions. [Docket Number USCG–2016–1019]
expenditure, we do discuss the effects of
this proposed rule elsewhere in this We accept anonymous comments. All RIN 1625–AA00
preamble. comments received will be posted
without change to http:// Safety Zone; Apra Harbor, Guam
F. Environment www.regulations.gov and will include AGENCY: Coast Guard, DHS.
We have analyzed this proposed rule any personal information you have
provided. For more about privacy and ACTION: Notice of proposed rulemaking.
under Department of Homeland
Security Management Directive 023–01 the docket, you may review a Privacy SUMMARY: The Coast Guard proposes to
and Commandant Instruction Act notice regarding the Federal Docket revise the existing safety zones currently
M16475.lD, which guides the Coast Management System in the March 24, in effect at Naval Wharf Kilo in Apra
Guard in complying with the National 2005, issue of the Federal Register (70 Outer Harbor, Guam, by adding a 500-
Environmental Policy Act of 1969 FR 15086). yard permanent safety zone, hereinafter
(NEPA) (42 U.S.C. 4321–4370f), and Documents mentioned in this notice, referred to as Safety Zone D, to provide
have made a preliminary determination and all public comments, are in our a buffer between the explosives
mstockstill on DSK3G9T082PROD with PROPOSALS
that this action is one of a category of online docket at http:// regularly handled on Naval Wharf Kilo,
actions which do not individually or www.regulations.gov and can be viewed and the general public and maritime
cumulatively have a significant effect on by following that Web site’s operators. The addition of Safety Zone
the human environment. This proposed instructions. Additionally, if you go to D would also reduce the frequency of
rule simply promulgates the operating the online docket and sign up for email enforcement of Safety Zones A and B.
regulations or procedures for alerts, you will be notified when This action also eliminates from the
drawbridges. Normally such actions are comments are posted or a final rule is regulation the requirement to post a sign
categorically excluded from further published. when Safety Zones A or B are being
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![792 Federal Register / Vol. 82, No. 2 / Wednesday, January 4, 2017 / Proposed Rules
section, will only be enforced when that the Cincinnati-Hamilton area is information about CBI or multimedia
Coast Guard Sector Guam issues a attaining the annual PM2.5 standard, submissions, and general guidance on
Broadcast Notice to Mariners via VHF– EPA is proposing to redesignate the area making effective comments, please visit
FM marine channel 16 about the zone to attainment and also proposing several http://www2.epa.gov/dockets/
and Naval Wharf Kilo, and a vessel additional related actions. EPA is commenting-epa-dockets.
berthed at Naval Wharf Kilo, is proposing to approve the Reasonably FOR FURTHER INFORMATION CONTACT:
displaying a red (BRAVO) flag by day or Available Control Measures (RACM)- Joseph Ko, Environmental Engineer,
a red light by night. Reasonably Available Control Attainment Planning and Maintenance
(2) Safety Zone B described in Technology (RACT) portion of Ohio’s Section, Air Programs Branch (AR–18J),
paragraph (a) of this section will only be Cincinnati-Hamilton area attainment Environmental Protection Agency,
enforced when Coast Guard Sector plan SIP revision as providing adequate Region 5, 77 West Jackson Boulevard,
Guam issues a Broadcast Notice to RACM/RACT. EPA is proposing to Chicago, Illinois 60604, (312) 886–7947,
Mariners via VHF–FM marine channel approve an update to the Ohio state ko.joseph@epa.gov.
16 about the zone and Naval Wharf Kilo, implementation plan (SIP), by updating SUPPLEMENTARY INFORMATION: This
and a vessel berthed at Naval Wharf the state’s approved plan for supplementary information section is
Kilo, is displaying 2 red (BRAVO) flags maintaining the 1997 annual PM2.5 arranged as follows:
by day or 2 red lights by night. NAAQS through 2027. EPA previously
(3) Safety Zone D is permanent and approved the base year emissions Contents
will be enforced at all times. inventory for the Cincinnati-Hamilton I. Background
(4) Under general regulations in area, and is proposing to approve Ohio’s II. What are the criteria for redesignation to
§ 165.23, during periods of enforcement, updated emission inventory which attainment?
entry into the Safety Zones A and B as includes emission inventories for III. What is EPA’s analysis of the state’s
described in paragraph (a) of this volatile organic compounds (VOCs) and request?
section, is prohibited unless expressly ammonia. Ohio’s approved maintenance 1. Attainment
authorized by the Captain of the Port, plan submission includes a budget for 2. Section 110 and Part D Requirements,
the mobile source contribution of PM2.5 and Approval SIP under Section 110(k)
Guam or a designated representative.
(Section 107(d)(3)(E)(ii) and (v))
Entry into Safety Zone D is prohibited and nitrogen oxides (NOX) to the 3. Permanent and Enforceable Reductions
at all times unless expressly authorized Cincinnati-Hamilton Ohio PM2.5 area for in Emissions (Section 107(d)(3)(E)(iii))
by the Captain of the Port, Guam or a transportation conformity purposes, 4. Maintenance Plan Pursuant to Section
designated representative. which EPA is proposing to approve and 175A of the CAA (Section
Dated: December 5, 2016. update. EPA is proposing to take these 107(d)(3)(E)(iv))
actions in accordance with the Clean 5. Motor Vehicle Emissions Budget
James B. Pruett, (MVEBs) for the Mobile Source
Air Act (CAA) and EPA’s
Captain, U.S. Coast Guard, Captain of the Contribution to PM2.5 and NOX
Port, Guam.
implementation rule regarding the 1997
PM2.5 NAAQS. 6. Comprehensive Emissions Inventory
[FR Doc. 2016–31894 Filed 1–3–17; 8:45 am] IV. EPA’s Proposed Actions
DATES: Comments must be received on V. Statutory and Executive Order Reviews
BILLING CODE 9110–04–P
or before February 3, 2017.
ADDRESSES: Submit your comments, I. Background
identified by Docket ID No. EPA–R05– The first air quality standards for
ENVIRONMENTAL PROTECTION
OAR–2016–0479 at http:// PM2.5 were promulgated on July 18,
AGENCY
www.regulations.gov, or via email to 1997, at 62 FR 38652. EPA promulgated
40 CFR Parts 52 and 81 aburano.douglas@epa.gov. For an annual standard at a level of 15
comments submitted at Regulations.gov, micrograms per cubic meter (mg/m3) of
[EPA–R05–OAR–2016–0479; FRL–9957–60– follow the online instructions for ambient air, based on a three-year
Region 5] submitting comments. Once submitted, average of the annual mean PM2.5
comments cannot be edited or removed concentrations at each monitoring site.
Air Plan Approval; Ohio;
from Regulations.gov. For either manner On January 5, 2005, at 70 FR 944, EPA
Redesignation of the Ohio Portion of
of submission, EPA may publish any published air quality area designations
the Cincinnati-Hamilton, OH-IN-KY
comment received to its public docket. for the 1997 annual PM2.5 standard
Area to Attainment of the 1997 Annual
Do not submit electronically any based on air quality data for calendar
Standard for Fine Particulate Matter
information you consider to be years 2001–2003. In that rulemaking,
AGENCY: Environmental Protection Confidential Business Information (CBI) EPA designated the Cincinnati-
Agency (EPA). or other information whose disclosure is Hamilton area (the Ohio portion being
ACTION: Proposed rule. restricted by statute. Multimedia Butler, Clermont, Hamilton, and Warren
submissions (audio, video, etc.) must be Counties) as nonattainment for the 1997
SUMMARY: The Environmental Protection accompanied by a written comment. annual PM2.5 standard.
Agency (EPA) is proposing to The written comment is considered the In this proposed redesignation, EPA
redesignate the Ohio portion of the official comment and should include takes into account two decisions of the
Cincinnati-Hamilton, OH-IN-KY, discussion of all points you wish to D.C. Circuit. On August 21, 2012, in
nonattainment area (hereafter, ‘‘the make. EPA will generally not consider EME Homer City Generation, L.P. v.
mstockstill on DSK3G9T082PROD with PROPOSALS
Cincinnati-Hamilton area’’) to comments or comment contents located EPA, 696 F.3d 7 (D.C. Cir. 2012), the
attainment for the 1997 fine particulate outside of the primary submission (i.e. D.C. Circuit vacated and remanded the
matter (PM2.5) annual national ambient on the web, cloud, or other file sharing Cross State Air Pollution Rule (CSAPR)
air quality standards (NAAQS or system). For additional submission and ordered EPA to continue
standard). The Ohio portion of the methods, please contact the person administering the Clean Air Interstate
Cincinnati-Hamilton area includes identified in the ‘‘For Further Rule (CAIR) ‘‘pending . . . development
Butler, Clermont, Hamilton, and Warren Information Contact’’ section. For the of a valid replacement.’’ EME Homer
Counties. Because EPA has determined full EPA public comment policy, City at 38. The D.C. Circuit denied all
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Document Created: 2017-01-04 00:29:10
Document Modified: 2017-01-04 00:29:10
| 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 | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before February 21, 2017. Requests for public meetings must be received by the Coast Guard on or before January 30, 2017. | |
| Contact | If you have questions about this proposed rulemaking, call or email Chief Kristina Gauthier, Sector Guam Waterways Management Division, U.S. Coast Guard; telephone 671-255- 4866, email [email protected] | |
| FR Citation | 82 FR 789 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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