Moving Security Zone Around Escorted Vessels On the Lower Mississippi River Between Mile Marker 90.0 Above Head of Passes to Mile Marker 110.0 Above Head of Passes, 6013-6016 [2012-2674]
Download as PDF
Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations
facilitate bridge rehabilitation repairs
during two separate phases.
During the first phase of the
temporary deviation, the SR127 Bridge
may remain in the closed position from
February 15, 2012 through March 8,
2012, to replace bridge stringers. At the
end of the first phase the bridge will
return to its regular operating schedule.
During the second phase of the
temporary deviation, the bridge may
remain in the closed position from
March 12, 2012 through April 10, 2012,
to rehabilitate the bridge operating
machinery. At the end of the second
phase the bridge will return to its
regular operating schedule.
The Gloucester Harbor Master and the
local marinas were notified and no
objections were received.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time periods. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: January 25, 2012.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2012–2780 Filed 2–6–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2012–0017]
Drawbridge Operation Regulations;
Cheesequake Creek, Morgan, NJ
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the New Jersey Transit
Rail Operation (NJTRO) Railroad Bridge
across Cheesequake Creek, mile 0.2, at
Morgan, New Jersey. Under this
temporary deviation, the bridge may
remain in the closed position for four
days to facilitate scheduled bridge
repairs.
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
This deviation is effective from
6 a.m. on February 11, 2012 through 12
p.m. on March 4, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0017 and are available online at
www.regulations.gov, inserting USCG–
DATES:
VerDate Mar<15>2010
15:59 Feb 06, 2012
Jkt 226001
2012–0017 in the ‘‘Keyword’’ and then
clicking ‘‘Search’’. They are also
available for inspection or copying at
the Docket Management Facility (M–30),
U.S. Department of Transportation,
West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
If
you have questions on this rule, call or
email Mr. Joe Arca, Project Officer, First
Coast Guard District,
joe.m.arca@uscg.mil, or (212) 668–7165.
If you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–366–9826.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
The NJTRO railroad bridge has a
vertical clearance of 3 feet at mean high
water, and 8 feet at mean low water in
the closed position. The existing
drawbridge operating regulations are
found at 33 CFR 117.709(b).
The bridge owner, New Jersey Transit
Rail Operations (NJTRO), requested a
bridge closure to facilitate structural
track repairs at the bridge.
Under this temporary deviation, the
NJTRO railroad bridge may remain in
the closed position on two weekends
from 6 a.m. on February 11, 2012
through 12 noon on February 12, 2012
and from 6 a.m. on February 25, 2012
through 12 noon on February 26, 2012.
In the event of inclement weather the
above repairs will be undertaken on two
alternate weekends from 6 a.m. on
February 25, 2012 through 12 noon on
February 26, 2012 and from 6 a.m. on
March 3, 2012 through 12 noon on
March 4, 2012.
Cheesequake Creek is predominantly
a recreational waterway. The bridge
rarely opens in the winter months when
this temporary deviation will be in
effect.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated repair period.
This deviation from the operating
regulations is authorized under 33 CFR
117.35.
Dated: January 25, 2012.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. 2012–2778 Filed 2–6–12; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
6013
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2011–1063]
RIN 1625–AA87
Moving Security Zone Around
Escorted Vessels On the Lower
Mississippi River Between Mile Marker
90.0 Above Head of Passes to Mile
Marker 110.0 Above Head of Passes
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Captain of the Port of
New Orleans (COTP New Orleans) has
established moving security zones on
the Mississippi River, from mile marker
90 through mile marker 110, extending
300 yards on all sides of vessels being
escorted by one or more Coast Guard
assets or other federal, state, or local law
enforcement agency assets clearly
identifiable by lights, vessel markings,
or with agency insignia. This moving
security zone regulation is necessary to
protect vessels deemed to be in need of
escort protection by the COTP New
Orleans for security reasons. No person
or vessel is permitted to enter or transit
the security zones created by this
temporary rule without permission of
the COTP New Orleans.
DATES: This rule is effective from
January 1, 2012, through March 31,
2012.
SUMMARY:
Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2011–
1063 and are available online by going
to https://www.regulations.gov, inserting
USCG–2011–1063 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’ They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or email Lieutenant
Commander (LCDR) Kenneth Blair,
Sector New Orleans, Coast Guard;
telephone 504–365–2392, email
Kenneth.E.Blair@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
E:\FR\FM\07FER1.SGM
07FER1
6014
Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations
srobinson on DSK4SPTVN1PROD with RULES
Regulatory Information
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule. Certain vessels
qualifying as vessels requiring security
escorts will transit through the COTP
New Orleans area of responsibility.
Based on risk evaluations completed,
and information gathered from
November 26, 2011, to December 26,
2011, and after evaluating the security
needs for escorted vessels, the Coast
Guard determined that a security zone
regulation is required, beginning
January 1, 2012. This temporary final
rule establishing moving security zones
is needed to protect escorted vessels and
personnel from destruction, loss, or
injury from sabotage or other subversive
acts, accidents, or other causes of a
similar nature. The NPRM process
would unnecessarily delay the effective
dates and would be contrary to public
interest by delaying or foregoing the
necessary protections required for the
escorted vessels and their personnel.
The moving security zones established
by this rulemaking are temporary. A
rulemaking proposing to establish
moving security zones on a permanent
basis is anticipated; that rulemaking
would provide notice and a comment
period.
For these same reasons, 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.
This temporary final rule establishing
moving security zones is needed to
protect escorted vessels and personnel
from destruction, loss, or injury from
sabotage or other subversive acts,
accidents, or other causes of a similar
nature. A 30-day delayed-effective-date
period would be contrary to the public
interest because it would delay
necessary protections required for these
escorted vessels and personnel.
Basis and Purpose
Certain vessels, including high
capacity passenger vessels, vessels
carrying certain dangerous cargoes as
defined in 33 CFR part 160, tank vessels
VerDate Mar<15>2010
15:59 Feb 06, 2012
Jkt 226001
constructed to carry oil or hazardous
materials in bulk, and vessels carrying
liquefied hazardous gas as defined in 33
CFR part 127 have been deemed by the
COTP New Orleans to require escort
protection during transit between mile
marker 90.0 to mile marker 110.0 of the
Lower Mississippi River. This
temporary rule establishes moving
security zones to assist and support the
Coast Guard with the required vessel
escorts between mile marker 90.0 to
mile marker 110.0. These moving
security zones extend 300 yards in all
directions from the escorted vessels.
Vessels will not be allowed to transit
through these moving security zones
without the permission of the Captain of
the Port, New Orleans or the on-scene
Coast Guard or enforcement agency
asset. The moving security zones
established by this temporary rule are
necessary to protect escorted vessels
and personnel from destruction, loss or
injury from sabotage or other subversive
acts, accidents or other causes of a
similar nature.
Discussion of Rule
Under the authority of the Magnuson
Act, 50 U.S.C. 191–195, and 33 CFR part
6, the Coast Guard has established a
moving security zone regulation to
protect escorted vessels and personnel.
While this temporary rule is effective,
vessels are prohibited from transiting
within 300 yards in all directions from
each escorted vessel. Deviations from
this rule may be requested from the
Captain of the Port New Orleans
through the on-scene Coast Guard or
enforcement agency asset, via VHF Ch.
67 or the Coast Guard Vessel Traffic
Center at (504) 365–2230. Notice of the
moving security zones established by
this temporary rule will be made
through broadcast notices to mariners.
You may request permission of the
COTP New Orleans or the on-scene
Coast Guard or enforcement agency
asset to enter the security zone. If
permitted to enter the security zone, a
vessel must proceed at the minimum
safe speed and must comply with the
order of the COTP New Orleans or the
on-scene asset. No vessel may enter the
inner 50-yard portion of the security
zone closest to the vessel being escorted.
The COTP New Orleans will inform the
public of the existence or status of the
security zones around escorted vessels
in the regulated area by Marine Safety
Information Bulletins or Broadcast
Notice to Mariners. Coast Guard assets
or other Federal, State or local law
enforcement agency assets will be
clearly identified by lights, vessel
markings, or with agency insignia.
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Due to its duration and location the
impacts of this rule on routine
navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which may be small
entities: the owners or operators of
vessels, intending to transit in the
vicinity of mile marker 90.0 through
mile marker 110.0 of the Lower
Mississippi River, extending 300 yards
in all directions of an escorted vessel.
This security zone regulation will not
have significant impact on a substantial
number of small entities because of its
location and duration. If you are a small
business entity and are significantly
affected by this regulation please
contact Lieutenant Commander (LCDR)
Kenneth Blair, Sector New Orleans, at
504–365–2392, or email
Kenneth.E.Blair@uscg.mil.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offer to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking process.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
E:\FR\FM\07FER1.SGM
07FER1
Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations
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.
Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
srobinson on DSK4SPTVN1PROD with RULES
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
VerDate Mar<15>2010
15:59 Feb 06, 2012
Jkt 226001
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
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
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
6015
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction.
An environmental analysis checklist
and a categorical exclusion
determination will be made available
and accessible in the docket as
indicated in the ADDRESSES section.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and record-keeping
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
1. The authority citation for Part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.06–1, 6.05–6 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. A new temporary § 165.T08–040 is
added to read as follows:
■
§ 165.T08–040 Moving Security Zone,
Escorted Vessels
(a) Location. The following areas are
security zones: Navigable waters of the
Lower Mississippi River, from mile
marker 90.0 to mile marker 110.0,
extending 300 yards in all directions of
escorted vessels. Escorted vessels will
be escorted by one or more Coast Guard
assets or other federal, state, or local law
enforcement agency assets clearly
identifiable by lights, vessel markings,
or with agency insignia.
(b) Effective period. This rule is
effective from January 1, 2012, through
March 31, 2012.
(c) Regulation. (1) Under the general
regulations in § 165.33 of this part,
vessels are prohibited from entering or
transiting the security zones described
in paragraph (a) of this temporary
section, § 165.T08–040.
(2) If granted permission to enter a
security zone, a vessel must operate at
the minimum speed necessary to
maintain a safe course, unless required
to maintain speed by the Navigation
Rules, and shall proceed as directed by
the Coast Guard. When within the
security zone, no vessel or person is
allowed within 50 yards of the escorted
vessel unless authorized by the Coast
Guard.
E:\FR\FM\07FER1.SGM
07FER1
6016
Federal Register / Vol. 77, No. 25 / Tuesday, February 7, 2012 / Rules and Regulations
(3) Persons or vessels requiring
deviations from this rule must request
permission from the Captain of the Port
New Orleans through the on-scene Coast
Guard or other agency asset, via VHF
Ch. 67 or the Coast Guard Vessel Traffic
Center at (504) 365–2230.
(4) All persons and vessels granted
permission to enter a security zone must
comply with the instructions of the
Captain of the Port New Orleans and
designated personnel. Designated
personnel include commissioned,
warrant and petty officers of the U.S.
Coast Guard, and local, state, and
federal law enforcement officers on
clearly identified law enforcement
agency vessels.
(d) Informational broadcasts. The
Captain of the Port or a designated
representative will inform the public
through marine safety information
bulletins or broadcast notices to
mariners of this regulation.
Dated: December 27, 2011.
J. J. Arenstam,
Captain, U.S. Coast Guard, Acting Captain
of the Port New Orleans.
[FR Doc. 2012–2674 Filed 2–6–12; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2010–0483–201201; FRL–
9627–5]
Approval and Promulgation of
Implementation Plans; State of
Tennessee: Prevention of Significant
Deterioration and Nonattainment New
Source Review Rules: Nitrogen Oxides
as a Precursor to Ozone
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is taking final action to
approve changes to the Tennessee State
Implementation Plan (SIP), submitted
by the Tennessee Department of
Environment and Conservation (TDEC),
through the Division of Air Pollution
Control, to EPA on May 28, 2009. The
SIP revision modifies Tennessee’s New
Source Review (NSR) Prevention of
Significant Deterioration (PSD) and
Nonattainment New Source Review
(NNSR) programs. The SIP revision
addresses three related issues. First, the
SIP revision updates Tennessee’s SIPapproved regulations to incorporate
NSR permitting requirements
promulgated in the 1997 8–Hour Ozone
national ambient air quality standards
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:59 Feb 06, 2012
Jkt 226001
(NAAQS) Implementation Rule NSR
Update Phase II (hereafter referred to as
the ‘‘Ozone Implementation NSR
Update’’ or ‘‘Phase II Rule’’). Second,
Tennessee’s May 28, 2009, SIP revision
updates to Tennessee’s PSD and NNSR
permitting regulations regarding the
addition of clean coal technology (CCT)
provisions. Third, the SIP revision
provides clarifying changes and
corrections to portions of the Tennessee
NSR rule. All changes in the SIP
revision comply with federal NSR
permitting regulations found at 40 CFR
51.165 and 51.166. EPA is approving
Tennessee’s May 28, 2009, SIP revision
because it is in accordance with the
Clean Air Act (CAA or Act).
DATES: Effective Date: This rule will be
effective March 8, 2012.
ADDRESSES: EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2010–0483. All documents in the docket
are listed on the www.regulations.gov
web site. Although listed in the index,
some information is not publicly
available, i.e., Confidential Business
Information or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding federal holidays.
FOR FURTHER INFORMATION CONTACT: For
information regarding the Tennessee
SIP, contact Ms. Twunjala Bradley,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960.
Telephone number: (404) 562–9352;
email address:
bradley.twunjala@epa.gov. For
information regarding NSR, contact Ms.
Yolanda Adams, Air Permits Section, at
the same address above. Telephone
number: (404) 562–9214; email address:
adams.yolanda@epa.gov. For
information regarding 8-hour ozone
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
NAAQS, contact Ms. Jane Spann,
Regulatory Development Section, at the
same address above. Telephone number:
(404) 562–9029; email address:
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. This Action
III. Final Action
IV. Statutory and Executive Order Reviews
I. Background
EPA is taking final action to approve
changes to the Tennessee SIP such that
it is consistent with federal
requirements for NSR permitting.1 On
May 28, 2009, Tennessee submitted a
SIP revision to EPA for approval which
revised Tennessee’s Air Quality
Regulations, Chapter 1200–3–9—
Construction and Operating Permits,
Rule Number .01—Construction Permit,
.02—Operating Permits, and .03—
General Provisions to adopt federal PSD
and NNSR requirements.2 First, the SIP
revision addressed requirements
promulgated in the Phase II Rule
including the following provisions: (1)
Recognizing nitrogen oxides (NOX)
emissions as ozone precursors; (2)
adopting NNSR provisions for major
stationary source thresholds for sources
in certain classes of nonattainment areas
for 8-hour ozone, carbon monoxide and
particulate matter with a nominal
aerodynamic diameter less than or equal
to 10 microns (PM10); (3) addressing
changes to offset ratios for marginal,
moderate, serious, severe, and extreme
ozone nonattainment areas; and (4)
modifying provisions addressing offset
requirements for facilities that shut
down or curtail operation. Second, the
SIP revision includes updates to the
Tennessee PSD and NNSR permitting
regulations regarding the adoption of
CCT definitions at 1200–3–9. Lastly, the
SIP revision includes clarifying changes
and corrections to the State’s rules at
1200–3–9–.01 through –.03.
EPA notes that Tennessee’s May 28,
2009, submittal also includes the
removal of provisions for clean units
(CU) and pollution control projects
(PCP) from the State’s PSD and NNSR
regulations that were submitted by the
State to be consistent with thenapplicable federal regulations. EPA did
1 Tennessee’s May 28, 2009, SIP revision also
contained changes to Tennessee’s SIP-approved
NSR permitting regulations regarding ‘‘baseline
actual emissions.’’ At this time, EPA is not taking
action on this portion of Tennessee’s submission.
2 Tennessee’s May 28, 2009, SIP submittal also
made changes to the State’s title V regulations at
1200–3–9–.02(11). EPA is not taking action on
Tennessee’s revisions to the State’s title V
regulations at this time.
E:\FR\FM\07FER1.SGM
07FER1
Agencies
[Federal Register Volume 77, Number 25 (Tuesday, February 7, 2012)]
[Rules and Regulations]
[Pages 6013-6016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2674]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-1063]
RIN 1625-AA87
Moving Security Zone Around Escorted Vessels On the Lower
Mississippi River Between Mile Marker 90.0 Above Head of Passes to Mile
Marker 110.0 Above Head of Passes
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Captain of the Port of New Orleans (COTP New Orleans) has
established moving security zones on the Mississippi River, from mile
marker 90 through mile marker 110, extending 300 yards on all sides of
vessels being escorted by one or more Coast Guard assets or other
federal, state, or local law enforcement agency assets clearly
identifiable by lights, vessel markings, or with agency insignia. This
moving security zone regulation is necessary to protect vessels deemed
to be in need of escort protection by the COTP New Orleans for security
reasons. No person or vessel is permitted to enter or transit the
security zones created by this temporary rule without permission of the
COTP New Orleans.
DATES: This rule is effective from January 1, 2012, through March 31,
2012.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-1063 and are available online
by going to https://www.regulations.gov, inserting USCG-2011-1063 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Lieutenant Commander (LCDR) Kenneth
Blair, Sector New Orleans, Coast Guard; telephone 504-365-2392, email
Kenneth.E.Blair@uscg.mil. If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
[[Page 6014]]
Regulatory Information
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Certain vessels qualifying as vessels
requiring security escorts will transit through the COTP New Orleans
area of responsibility. Based on risk evaluations completed, and
information gathered from November 26, 2011, to December 26, 2011, and
after evaluating the security needs for escorted vessels, the Coast
Guard determined that a security zone regulation is required, beginning
January 1, 2012. This temporary final rule establishing moving security
zones is needed to protect escorted vessels and personnel from
destruction, loss, or injury from sabotage or other subversive acts,
accidents, or other causes of a similar nature. The NPRM process would
unnecessarily delay the effective dates and would be contrary to public
interest by delaying or foregoing the necessary protections required
for the escorted vessels and their personnel. The moving security zones
established by this rulemaking are temporary. A rulemaking proposing to
establish moving security zones on a permanent basis is anticipated;
that rulemaking would provide notice and a comment period.
For these same reasons, 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. This temporary final
rule establishing moving security zones is needed to protect escorted
vessels and personnel from destruction, loss, or injury from sabotage
or other subversive acts, accidents, or other causes of a similar
nature. A 30-day delayed-effective-date period would be contrary to the
public interest because it would delay necessary protections required
for these escorted vessels and personnel.
Basis and Purpose
Certain vessels, including high capacity passenger vessels, vessels
carrying certain dangerous cargoes as defined in 33 CFR part 160, tank
vessels constructed to carry oil or hazardous materials in bulk, and
vessels carrying liquefied hazardous gas as defined in 33 CFR part 127
have been deemed by the COTP New Orleans to require escort protection
during transit between mile marker 90.0 to mile marker 110.0 of the
Lower Mississippi River. This temporary rule establishes moving
security zones to assist and support the Coast Guard with the required
vessel escorts between mile marker 90.0 to mile marker 110.0. These
moving security zones extend 300 yards in all directions from the
escorted vessels. Vessels will not be allowed to transit through these
moving security zones without the permission of the Captain of the
Port, New Orleans or the on-scene Coast Guard or enforcement agency
asset. The moving security zones established by this temporary rule are
necessary to protect escorted vessels and personnel from destruction,
loss or injury from sabotage or other subversive acts, accidents or
other causes of a similar nature.
Discussion of Rule
Under the authority of the Magnuson Act, 50 U.S.C. 191-195, and 33
CFR part 6, the Coast Guard has established a moving security zone
regulation to protect escorted vessels and personnel. While this
temporary rule is effective, vessels are prohibited from transiting
within 300 yards in all directions from each escorted vessel.
Deviations from this rule may be requested from the Captain of the Port
New Orleans through the on-scene Coast Guard or enforcement agency
asset, via VHF Ch. 67 or the Coast Guard Vessel Traffic Center at (504)
365-2230. Notice of the moving security zones established by this
temporary rule will be made through broadcast notices to mariners.
You may request permission of the COTP New Orleans or the on-scene
Coast Guard or enforcement agency asset to enter the security zone. If
permitted to enter the security zone, a vessel must proceed at the
minimum safe speed and must comply with the order of the COTP New
Orleans or the on-scene asset. No vessel may enter the inner 50-yard
portion of the security zone closest to the vessel being escorted. The
COTP New Orleans will inform the public of the existence or status of
the security zones around escorted vessels in the regulated area by
Marine Safety Information Bulletins or Broadcast Notice to Mariners.
Coast Guard assets or other Federal, State or local law enforcement
agency assets will be clearly identified by lights, vessel markings, or
with agency insignia.
Regulatory Analyses
We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
Due to its duration and location the impacts of this rule on
routine navigation are expected to be minimal.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels, intending to
transit in the vicinity of mile marker 90.0 through mile marker 110.0
of the Lower Mississippi River, extending 300 yards in all directions
of an escorted vessel. This security zone regulation will not have
significant impact on a substantial number of small entities because of
its location and duration. If you are a small business entity and are
significantly affected by this regulation please contact Lieutenant
Commander (LCDR) Kenneth Blair, Sector New Orleans, at 504-365-2392, or
email Kenneth.E.Blair@uscg.mil.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine
[[Page 6015]]
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.
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 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.
Taking of Private Property
This rule will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
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 (NEPA)(42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction.
An environmental analysis checklist and a categorical exclusion
determination will be made available and accessible in the docket as
indicated in the ADDRESSES section.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and record-
keeping 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; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.06-1, 6.05-6 and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. A new temporary Sec. 165.T08-040 is added to read as follows:
Sec. 165.T08-040 Moving Security Zone, Escorted Vessels
(a) Location. The following areas are security zones: Navigable
waters of the Lower Mississippi River, from mile marker 90.0 to mile
marker 110.0, extending 300 yards in all directions of escorted
vessels. Escorted vessels will be escorted by one or more Coast Guard
assets or other federal, state, or local law enforcement agency assets
clearly identifiable by lights, vessel markings, or with agency
insignia.
(b) Effective period. This rule is effective from January 1, 2012,
through March 31, 2012.
(c) Regulation. (1) Under the general regulations in Sec. 165.33
of this part, vessels are prohibited from entering or transiting the
security zones described in paragraph (a) of this temporary section,
Sec. 165.T08-040.
(2) If granted permission to enter a security zone, a vessel must
operate at the minimum speed necessary to maintain a safe course,
unless required to maintain speed by the Navigation Rules, and shall
proceed as directed by the Coast Guard. When within the security zone,
no vessel or person is allowed within 50 yards of the escorted vessel
unless authorized by the Coast Guard.
[[Page 6016]]
(3) Persons or vessels requiring deviations from this rule must
request permission from the Captain of the Port New Orleans through the
on-scene Coast Guard or other agency asset, via VHF Ch. 67 or the Coast
Guard Vessel Traffic Center at (504) 365-2230.
(4) All persons and vessels granted permission to enter a security
zone must comply with the instructions of the Captain of the Port New
Orleans and designated personnel. Designated personnel include
commissioned, warrant and petty officers of the U.S. Coast Guard, and
local, state, and federal law enforcement officers on clearly
identified law enforcement agency vessels.
(d) Informational broadcasts. The Captain of the Port or a
designated representative will inform the public through marine safety
information bulletins or broadcast notices to mariners of this
regulation.
Dated: December 27, 2011.
J. J. Arenstam,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2012-2674 Filed 2-6-12; 8:45 am]
BILLING CODE 9110-04-P