Approval, Disapproval and Promulgation of Implementation Plans; State of Wyoming; Regional Haze State Implementation Plan; Federal Implementation Plan for Regional Haze; Notice of Public Hearings, 40654-40655 [2013-16295]
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40654
Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules
so that all oil or hazardous materialladen tank barges carrying 5,000 or more
barrels of petroleum or other hazardous
material would require pilots under all
circumstances. The RA acknowledges
that the independent pilotage
requirement proposed provides
additional decision support and
experience on the tug when transiting
Buzzards Bay, and significantly reduces
the probability of a human factorinduced incident.
Escort Tugs: The Coast Guard is
considering establishing certain
thresholds, the exceedance of which
would trigger the requirement for an
escort tug for double-hull tank barges
laden with 5,000 or more barrels of oil
or hazardous material. These thresholds
could be expressed in terms of
meteorological conditions such as wind
speed, wave height or visibility, or any
other factors deemed appropriate, such
as equipment limitations or defects.
Specifically, the Coast Guard seeks the
input of operators, pilots, industry
associations, regulators, members of the
Area Committee, and concerned citizens
on the potential threshold conditions
which would trigger the requirement of
an escort tug for double-hull tank barges
laden with 5,000 or more barrels of oil
or hazardous material.
Once these threshold conditions are
fixed, industry would have the
flexibility to determine if the need to
transit during these high-risk periods is
offset by the additional cost of the
escort, or if a delay in transit awaiting
more favorable conditions is a better
option.
In a comparative ranking of measures
that would mitigate risk of an oil spill,
the RA quotes a National Academy of
Science study indicating that double
hulls result in a 75 to 83 percent
reduction in the probability of a spill,
should a grounding, collision or allision
occur. Therefore, escort tugs would
continue to accompany all single-hulled
tank barges laden with 5,000 or more
barrels of petroleum or other hazardous
material through Buzzards Bay until
single-hulled tank barges are phased out
January 1, 2015.
tkelley on DSK3SPTVN1PROD with PROPOSALS
F. Information Requested
This advance notice of proposed
rulemaking invites public comment on
the merits, advantages, and
disadvantages of changing certain vessel
reporting and participation
requirements of the Buzzards Bay
VMRS; Federal Pilots, not a member of
the crew, on board tugs towing both
single- and double-hulled tank barges;
and Escort Tugs for double-hull tank
barges during adverse conditions.
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G. Preliminary Regulatory Analysis
This document is issued under
authority of 5 U.S.C. 552(a) and 33 CFR
1.05–30.
Federalism
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. The U.S.
Supreme Court, in the cases of United
States v. Locke, 529 U.S. 89 (2000) and
Ray v. Atlantic Richfield Co., 435 U.S.
151 (1978) has ruled that certain
categories of regulation issued pursuant
to the Ports and Waterways Safety Act
of 1972, as amended, are reserved
exclusively to the Coast Guard, and that
State regulation in these areas is
preempted. In general, only the federal
government may regulate the design,
construction, alteration, repair,
maintenance, operation, equipping,
personnel qualification, and manning of
tank vessels. Similarly, where the Coast
Guard enacts regulations that control
vessel traffic or are otherwise intended
to protect navigation and the marine
environment, or affirmatively
determines that such regulation is
unnecessary or inappropriate, a State
may not enact rules that conflict with
the Coast Guard’s determination in that
area, including situations in which the
State rules are identical to the federal
rules.
As noted previously in our 2007
rulemaking (See 72 FR 50052), the Coast
Guard believes that State law is
preempted on the subjects discussed in
this ANPRM, specifically with regard to
the subjects of vessel routing, manning,
and tug escort requirements in Buzzards
Bay.
Nevertheless, the Coast Guard
recognizes the key role State and local
governments may have in making
regulatory determinations. Sections 4
and 6 of Executive Order 13132 require
that for any rules with preemptive
effect, the Coast Guard shall provide
elected officials of affected State and
local governments and their
representative national organizations
the notice and opportunity for
appropriate participation in any
rulemaking proceedings, and to consult
with such officials early in the
rulemaking process.
Therefore, we invite affected State
and local governments and their
representative national organizations to
indicate their desire for participation
and consultation in this rulemaking
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process by submitting comments to this
notice. In accordance with Executive
Order 13132, the Coast Guard will
provide a federalism impact statement
to document (1) the extent of the Coast
Guard’s consultation with State and
local officials that submit comments to
this advanced notice of proposed
rulemaking, (2) a summary of the nature
of any concerns raised by State or local
governments and the Coast Guard’s
position thereon, and (3) the extent to
which the concerns of State and local
officials have been met. We will also
report to the Office of Management and
Budget any written communications
with the States.
Dated: May 30, 2013.
D.B. Abel,
Rear Admiral, U.S. Coast Guard, Commander,
First Coast Guard District.
[FR Doc. 2013–16252 Filed 7–5–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2012–0026, FRL–9830–9]
Approval, Disapproval and
Promulgation of Implementation Plans;
State of Wyoming; Regional Haze State
Implementation Plan; Federal
Implementation Plan for Regional
Haze; Notice of Public Hearings
Environmental Protection
Agency (EPA).
ACTION: Notice of public hearings;
extension of comment period.
AGENCY:
EPA has scheduled additional
public hearings for our proposed action
on Wyoming’s State Implementation
Plan (SIP) addressing regional haze
under. We are making this change in
response to letters submitted by the
Governor of Wyoming on June 13, 2013,
the Wyoming Congressional Delegation
on June 14, 2013, and the Wyoming
Department of Environmental Quality
on June 14, 2013. The comment period
for this action was scheduled to close on
August 9, 2013. EPA is extending the
comment period to August 26, 2013 to
allow for a full 30 days for the
submission of additional comments
following the public hearings.
DATES: Public hearings for this proposal
are scheduled to be held on July 17,
2013 at the Laramie County Library,
Cottonwood Room, 2200 Pioneer
Avenue, Cheyenne, Wyoming 82001
and on July 26, 2013 at the Oil & Gas
Conservation Commission, Meeting
Room 129, 2211 King Boulevard,
SUMMARY:
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Federal Register / Vol. 78, No. 130 / Monday, July 8, 2013 / Proposed Rules
Casper, Wyoming 82602. The public
hearings will be held from 1 p.m. until
5 p.m. and again from 6 p.m. until 8
p.m. at both locations. The comment
period for the proposed rule published
June 10, 2013 at 78 FR 34738 is
extended. Comments must be received
on or before August 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Laurel Dygowski, EPA Region 8,
Mailcode 8P–AR, 1595 Wynkoop Street,
Denver, Colorado 80202–1129, (303)
312–6144, dygowski.laurel@epa.gov.
On June
10, 2013, we published a proposed rule
partially approving and partially
disapproving Wyoming’s 40 CFR
51.309(g) regional haze SIP. 78 FR
34738. In our June 10, 2013 proposed
rule, we provided notification that we
were holding a public hearing on June
24, 2013, in Cheyenne, Wyoming. To
partially accommodate requests for both
additional time to prepare for public
hearings and an extension to the public
comment period in letters from the
Governor of Wyoming on June 13, 2013,
the Wyoming Congressional Delegation
on June 14, 2013, and the Wyoming
Department of Environmental Quality
on June 14, 2013, we have scheduled
additional public hearings as stated
above and extended the public comment
period to August 26, 2013.
The public hearings will provide
interested parties the opportunity to
present information and opinions to
EPA concerning our proposal. Interested
parties may also submit written
comments, as discussed in the proposed
rulemaking. Written statements and
supporting information submitted
during the comment period will be
considered with the same weight as any
oral comments and supporting
information presented at the public
hearings.
SUPPLEMENTARY INFORMATION:
Dated: June 21, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2013–16295 Filed 7–5–13; 8:45 am]
tkelley on DSK3SPTVN1PROD with PROPOSALS
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R03–OAR–2012–0386; FRL–9829–5]
Approval and Promulgation of Air
Quality Implementation Plans; West
Virginia; Redesignation of the West
Virginia Portion of the ParkersburgMarietta, WV–OH 1997 Annual Fine
Particulate Matter Nonattainment Area
to Attainment and Approval of the
Associated Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; supplemental.
AGENCY:
EPA is issuing a supplement
to its proposed approval of the State of
West Virginia’s request to redesignate
the West Virginia portion of the
Parkersburg-Marietta, WV–OH fine
particulate matter (PM2.5) nonattainment
area (Parkersburg-Marietta Area or Area)
to attainment for the 1997 annual PM2.5
national ambient air quality standard
(NAAQS). This supplemental proposal
revises and expands the basis for
proposing approval of the State’s
request in light of developments since
EPA issued its initial proposal on
December 11, 2012. This supplemental
proposal addresses the effects of two
decisions of the United States Court of
Appeals for the District of Columbia
(D.C. Circuit Court): The D.C. Circuit
Court’s August 21, 2012 decision to
vacate and remand to EPA the CrossState Air Pollution Control Rule
(CSAPR); and the D.C. Circuit Court’s
January 4, 2013 decision to remand to
EPA two final rules implementing the
PM2.5 NAAQS. EPA is seeking comment
only on the issues raised in this
supplemental proposal and is not
reopening for comment other issues
raised in its prior proposal.
DATES: Written comments must be
received on or before August 7, 2013.
ADDRESSES: Submit your comments,
identified by Docket ID Number EPA–
R03–OAR–2012–0386 by one of the
following methods:
A. www.regulations.gov. Follow the
on-line instructions for submitting
comments.
B. Email: fernandez.cristina@epa.gov.
C. Mail: EPA–R03–OAR–2012–0386,
Cristina Fernandez, Associate Director,
Office of Air Quality Planning, Mailcode
3AP30, U.S. Environmental Protection
Agency, Region III, 1650 Arch Street
Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during the
SUMMARY:
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40655
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R03–OAR–2012–
0386. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or email. The www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an email
comment directly to EPA without going
through www.regulations.gov, your
email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the
electronic docket are listed in the
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, i.e., CBI 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 in www.regulations.gov or
in hard copy during normal business
hours at the Air Protection Division,
U.S. Environmental Protection Agency,
Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.
Copies of the State submittal are
available at the West Virginia
Department of Environmental
Protection, Division of Air Quality, 601
57th Street SE., Charleston, West
Virginia 25304.
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]]>Agencies
[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Proposed Rules]
[Pages 40654-40655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16295]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R08-OAR-2012-0026, FRL-9830-9]
Approval, Disapproval and Promulgation of Implementation Plans;
State of Wyoming; Regional Haze State Implementation Plan; Federal
Implementation Plan for Regional Haze; Notice of Public Hearings
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of public hearings; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: EPA has scheduled additional public hearings for our proposed
action on Wyoming's State Implementation Plan (SIP) addressing regional
haze under. We are making this change in response to letters submitted
by the Governor of Wyoming on June 13, 2013, the Wyoming Congressional
Delegation on June 14, 2013, and the Wyoming Department of
Environmental Quality on June 14, 2013. The comment period for this
action was scheduled to close on August 9, 2013. EPA is extending the
comment period to August 26, 2013 to allow for a full 30 days for the
submission of additional comments following the public hearings.
DATES: Public hearings for this proposal are scheduled to be held on
July 17, 2013 at the Laramie County Library, Cottonwood Room, 2200
Pioneer Avenue, Cheyenne, Wyoming 82001 and on July 26, 2013 at the Oil
& Gas Conservation Commission, Meeting Room 129, 2211 King Boulevard,
[[Page 40655]]
Casper, Wyoming 82602. The public hearings will be held from 1 p.m.
until 5 p.m. and again from 6 p.m. until 8 p.m. at both locations. The
comment period for the proposed rule published June 10, 2013 at 78 FR
34738 is extended. Comments must be received on or before August 26,
2013.
FOR FURTHER INFORMATION CONTACT: Laurel Dygowski, EPA Region 8,
Mailcode 8P-AR, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303)
312-6144, dygowski.laurel@epa.gov.
SUPPLEMENTARY INFORMATION: On June 10, 2013, we published a proposed
rule partially approving and partially disapproving Wyoming's 40 CFR
51.309(g) regional haze SIP. 78 FR 34738. In our June 10, 2013 proposed
rule, we provided notification that we were holding a public hearing on
June 24, 2013, in Cheyenne, Wyoming. To partially accommodate requests
for both additional time to prepare for public hearings and an
extension to the public comment period in letters from the Governor of
Wyoming on June 13, 2013, the Wyoming Congressional Delegation on June
14, 2013, and the Wyoming Department of Environmental Quality on June
14, 2013, we have scheduled additional public hearings as stated above
and extended the public comment period to August 26, 2013.
The public hearings will provide interested parties the opportunity
to present information and opinions to EPA concerning our proposal.
Interested parties may also submit written comments, as discussed in
the proposed rulemaking. Written statements and supporting information
submitted during the comment period will be considered with the same
weight as any oral comments and supporting information presented at the
public hearings.
Dated: June 21, 2013.
Howard M. Cantor,
Acting Regional Administrator, Region 8.
[FR Doc. 2013-16295 Filed 7-5-13; 8:45 am]
BILLING CODE 6560-50-P
