Approval and Promulgation of Air Quality Implementation Plans; Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia; Removal of Obsolete Regulations and Updates to Citations to State Regulations Due to Recodification; Correction, 60225-60226 [2013-23792]
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Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
discovery of a significant environmental
impact from this rule.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T09–0868 to read as
follows:
■
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§ 165.T09–0868 Safety Zone; Motion
Picture Stunt Work and Filming; Chicago,
IL.
(a) Safety Zones. The following are
designated as safety zones:
(1) All waters of Lake Michigan,
Calumet Harbor, west of an imaginary
line connecting 41°44′29.4″ N,
087°31′33.9″ W and 41°44′21″ N,
087°31′47.12″ W (NAD 83).
(2) All waters of the South Branch of
the Chicago River from position
41°52′19.03″ N, 087°38′08.7″ W, then
approximately 1380 yards south to
position 41°51′36.5″ N, 087°38′04.7″ W
(NAD 83).
(3) All waters of the Chicago River
from an imaginary line connecting
positions 41°53′11.6″ N, 087°38′20.5″ W
and 41°53′14.0″ N, 087°38′17.2″ W, then
east to the North Orleans Street Bridge
in position 41°53′15.84″ N,
087°38′09.16″ W, then south along the
south branch of the river to the vicinity
of the West Van Buren Street Bridge in
position 41°52′36.4″ N, 087°38′15.8″ W
(NAD 83).
(4) All waters of the Chicago River
from the West Lake Street Bridge in
position 41°53′8.6″ N, 087°38′15.9″ W,
then north to an imaginary line
connecting positions 41°53′11.6″ N,
087°38′20.5″ W and 41°53′14.0″ N,
087°38′17.2″ W, then east along the
main branch of the river to a position of
41°53′19″ N, 087°36′33″ W (NAD 83) in
the vicinity of the North Lake Shore
Drive Bridge.
(5) All waters of the Chicago Sanitary
and Ship Canal within a 1,000 foot
radius of a position at 41°50′28.5″ N,
087°40′22.7″ W (NAD 83) in the vicinity
of the South Damen Avenue bridge.
(b) Effective and Enforcement Period.
These zones are effective from 6 a.m. on
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14:43 Sep 30, 2013
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October 1 until 12 a.m. on October 31,
2013. This rule will be enforced from 6
a.m. to 12 a.m. on intermittent dates
between October 1 through October 31,
2013.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into, transiting, or anchoring within
these safety zones is prohibited unless
authorized by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(2) These safety zones are closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Lake Michigan or his designated onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Lake Michigan
is any Coast Guard commissioned,
warrant or petty officer who has been
designated by the Captain of the Port,
Lake Michigan to act on his behalf.
(4) Vessel operators desiring to enter
or operate within the safety zones shall
contact the Captain of the Port, Lake
Michigan or his on-scene representative
to obtain permission to do so. The
Captain of the Port, Lake Michigan or
his on-scene representative may be
contacted via VHF Channel 16. Vessel
operators given permission to enter or
operate in the safety zones must comply
with all directions given to them by the
Captain of the Port, Lake Michigan, or
his on-scene representative.
Dated: September 24, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2013–23861 Filed 9–30–13; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
2013. The regulations related to removal
of over fifty rules in the Code of Federal
Regulations (CFR) for Delaware, the
District of Columbia, Maryland,
Pennsylvania, Virginia, and West
Virginia because they are unnecessary
or obsolete. Errors in the amendatory
instruction are identified and corrected
in this action.
DATES: Effective October 1, 2013.
FOR FURTHER INFORMATION CONTACT:
Harold A. Frankford, (215) 814–2108, or
by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
In a direct final rule published on
June 6, 2013 (78 FR 33977), Amendatory
Instruction Number 33 for § 52.2063 was
incorrectly stated. This document
corrects this amendatory instruction and
set-out text to read as follows:
Need for Correction
As published, the final regulations
contain an error in the amendatory
instruction and set-out text:
List of Subjects in 40 CFR part 52
Air pollution control, Carbon
monoxide, Environmental Protection
Agency, Incorporation by reference,
Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
Accordingly, 40 CFR part 52 is
corrected by making the following
correcting amendment:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
40 CFR Part 52
[EPA–R03–OAR–2012–0955; FRL–9901–40–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Delaware, District of Columbia,
Maryland, Pennsylvania, Virginia, and
West Virginia; Removal of Obsolete
Regulations and Updates to Citations
to State Regulations Due to
Recodification; Correction
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; correction.
AGENCY:
This document contains a
correction to the direct final rule, which
was published on Thursday, June 6,
SUMMARY:
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Fmt 4700
60225
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§ 52.2063
section.
Original identification of plan
2. Section 52.2063 is revised to read
as follows:’’
(a) This section identifies the original
‘‘Air Implementation Plan for the
Commonwealth of Pennsylvania’’ and
all revisions submitted by Pennsylvania
that were federally approved prior to
February 10, 2005. The information in
this section is available in the 40 CFR,
part 52, Volume 2 of 2 (§§ 52.1019 to the
end of part 52) editions revised as of
July 1, 2005 through July 1, 2011, and
the 40 CFR, part 52, Volume 3 of 3
(§§ 52.2020 to the end of part 52) edition
revised as of July 1, 2012.
(b) [Reserved]
■
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60226
Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations
Dated: September 12, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
Executive Summary
Purpose and Summary of the Major
Provisions
This rule makes nondiscretionary
ministerial changes to FMCSA
regulations that are required by MAP–
21.
[FR Doc. 2013–23792 Filed 9–30–13; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Parts 350, 381, 383, 384, 385,
386, 387, and 392
RIN 2126–AB60
Amendments To Implement Certain
Provisions of the Moving Ahead for
Progress in the 21st Century Act
(MAP–21)
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
AGENCY:
ACTION:
Final rule.
The Federal Motor Carrier
Safety Administration (FMCSA) adopts,
as final, certain regulations required by
the Moving Ahead for Progress in the
21st Century surface transportation
reauthorization legislation. The majority
of these statutory changes went into
effect on October 1, 2012, while others
will go into effect on October 1, 2013.
It is necessary to make conforming
changes to ensure that FMCSA’s
regulations are current and consistent
with the applicable statutes. Adoption
of the rules is a nondiscretionary
ministerial action that can be taken
without issuing a notice of proposed
rulemaking and receiving public
comment, in accordance with the good
cause exception available to Federal
agencies under the Administrative
Procedure Act (APA).
SUMMARY:
Effective Date: This final rule is
effective Tuesday, October 1, 2013.
Petitions for Reconsideration must be
received by the Agency no later than
December 2, 2013.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Genevieve Sapir, Office of Chief
Counsel, Regulatory Affairs Division
(MC–CCR), Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590; by
telephone at (202) 366–7056, or by
electronic mail at genevieve.sapir@
dot.gov. If you have questions regarding
the docket, call Ms. Barbara Hairston,
Docket Operations, telephone 202–366–
3024.
SUPPLEMENTARY INFORMATION:
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14:43 Sep 30, 2013
Jkt 232001
Benefits and Costs
The rule provisions considered both
individually and in the aggregate do not
rise to the level of economic
significance. The only costs associated
with this rule arise out of 49 U.S.C.
32918(a), which requires brokers and
freight forwarders to provide evidence
of minimum financial security in the
amount of $75,000. The annual overall
cost of this new requirement is
approximately $15.9 million.
Legal Basis for the Rulemaking
This rule is based on the MAP–21 Act
(Pub. L. 112–141, 126 Stat. 405, July 6,
2012). Certain provisions of MAP–21
made mandatory, non-discretionary
changes to FMCSA programs. The
majority of these statutory changes went
into effect on October 1, 2012, while
others will go into effect on October 1,
2013. It is necessary to make conforming
changes to ensure that FMCSA’s
regulations are current and consistent
with the applicable statutes.
The provisions implemented in this
final rule in Title 49, United States Code
(U.S.C.) are from the following sections
of MAP–21:
1. Section 32102 Safety Fitness of New
Operators
2. Section 32108 Increased Penalties for
Operating Without Registration
3. Section 32110 Revocation of Registration
and Other Penalties for Failure To
Respond to Subpoena
4. Section 32111 Fleetwide Out of Service
Order for Operating Without Required
Registration
5. Section 32203 State Reporting of Foreign
Commercial Driver Convictions
6. Section 32204 Authority To Disqualify
Foreign Commercial Drivers
7. Section 32205 Revocation of Foreign
Motor Carrier Operating Authority for
Failure To Pay Civil Penalties
8. Section 32307 Employer Responsibilities
9. Section 32501 Inspection Demand and
Display of Credentials
10. Section 32503 Penalties for Violation of
Operation Out of Service Orders
11. Section 32505 Increased Penalties for
Evasion of Regulations
12. Section 32506 Violations Relating to
Commercial Motor Vehicle Safety
Regulation and Operators
13. Section 32507 Emergency
Disqualification for Imminent Hazard
14. Section 32601 Motor Carrier Safety
Assistance Program
15. Section 32913 Waivers, Exemptions,
and Pilot Programs
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Sfmt 4700
16. Section 32918 Financial Security of
Brokers and Freight Forwarders
17. Section 33010 Civil Penalties
FMCSA is authorized to implement
these statutory provisions by delegation
from the Secretary of Transportation in
49 CFR 1.87.
Generally, agencies may promulgate
final rules only after issuing a notice of
proposed rulemaking and providing an
opportunity for public comment under
procedures required by the APA, as
provided in 5 U.S.C. 553(b) and (c). The
APA, in 5 U.S.C. 553(b)(3)(B), provides
an exception from these requirements
when notice and public comment
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ FMCSA finds that notice and
comment is unnecessary prior to
adoption of each provision in this final
rule because the changes to regulations
are statutorily mandated by Congress,
and the Agency is performing a
nondiscretionary, ministerial act.
Therefore, the Agency may adopt this
rule without issuing a notice of
proposed rulemaking and receiving
public comment, in accordance with the
APA. For these same reasons, the rule
will be effective on October 1, 2013, the
day many of these statutory changes go
into effect.
MAP–21 Provisions Implemented by the
Final Rule
The Federal Motor Carrier Safety
Regulations amended by this final rule
encompass diverse subject areas. Those
amendments are explained below.
Section 32102—Safety Fitness of New
Operators
Previously, 49 U.S.C. 31144 required
new entrant motor carriers to undergo a
safety review within 18 months of
beginning operations. Section 32102 of
MAP–21 changed that time period to 12
months for property carriers and 120
days for passenger carriers. This final
rule amends 49 CFR 385.3 and 49 CFR
part 385, Appendix A(I)(a), to change
references from an 18-month safety
review to 12-month and 120-day safety
reviews.
Section 32108—Increased Penalties for
Operating Without Registration
Previously, 49 U.S.C. 14901(a) set the
civil penalty for violating the Agency’s
reporting, recordkeeping, and
registration requirements at $500,
except for violations of passenger carrier
registration requirements, which were
set at $2,000.1 MAP–21 Section 32108
1 The penalties referenced in this rule refer to
statutorily enacted amounts. In 2007, the Agency
amended 49 CFR part 386, Appendix B to increase
E:\FR\FM\01OCR1.SGM
01OCR1
]]>Agencies
[Federal Register Volume 78, Number 190 (Tuesday, October 1, 2013)]
[Rules and Regulations]
[Pages 60225-60226]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23792]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2012-0955; FRL-9901-40-Region 3]
Approval and Promulgation of Air Quality Implementation Plans;
Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and
West Virginia; Removal of Obsolete Regulations and Updates to Citations
to State Regulations Due to Recodification; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to the direct final rule,
which was published on Thursday, June 6, 2013. The regulations related
to removal of over fifty rules in the Code of Federal Regulations (CFR)
for Delaware, the District of Columbia, Maryland, Pennsylvania,
Virginia, and West Virginia because they are unnecessary or obsolete.
Errors in the amendatory instruction are identified and corrected in
this action.
DATES: Effective October 1, 2013.
FOR FURTHER INFORMATION CONTACT: Harold A. Frankford, (215) 814-2108,
or by email at frankford.harold@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
In a direct final rule published on June 6, 2013 (78 FR 33977),
Amendatory Instruction Number 33 for Sec. 52.2063 was incorrectly
stated. This document corrects this amendatory instruction and set-out
text to read as follows:
Need for Correction
As published, the final regulations contain an error in the
amendatory instruction and set-out text:
List of Subjects in 40 CFR part 52
Air pollution control, Carbon monoxide, Environmental Protection
Agency, Incorporation by reference, Intergovernmental relations, Lead,
Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Accordingly, 40 CFR part 52 is corrected by making the following
correcting amendment:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Sec. 52.2063 Original identification of plan section.
0
2. Section 52.2063 is revised to read as follows:''
(a) This section identifies the original ``Air Implementation Plan
for the Commonwealth of Pennsylvania'' and all revisions submitted by
Pennsylvania that were federally approved prior to February 10, 2005.
The information in this section is available in the 40 CFR, part 52,
Volume 2 of 2 (Sec. Sec. 52.1019 to the end of part 52) editions
revised as of July 1, 2005 through July 1, 2011, and the 40 CFR, part
52, Volume 3 of 3 (Sec. Sec. 52.2020 to the end of part 52) edition
revised as of July 1, 2012.
(b) [Reserved]
[[Page 60226]]
Dated: September 12, 2013.
W.C. Early,
Acting Regional Administrator, Region III.
[FR Doc. 2013-23792 Filed 9-30-13; 8:45 am]
BILLING CODE 6560-50-P
