Safety Zone, Navy Exercise, Delaware Bay and Atlantic Ocean; Cape May, NJ, 59650-59653 [2014-23659]

Download as PDF 59650 Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Rules and Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 involves the creation of a safety zone in response to an emergency situation. The safety zone is implemented to protect persons and property due to a structurally deficient bridge at mile 5.3 Tennessee River. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist and a categorical exclusion determination will be made available as indicated under the ADDRESSES section. List of Subjects in 33 CFR Part 165 Clark Memorial Bridge is completed and no longer poses a threat to the public. At that time the safety zone will be canceled. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative. (2) All persons and vessels shall comply with the instructions of the COTP and designated on-scene patrol personnel. On-scene patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. (3) Persons or vessels may request deviation from the safety zone restriction prescribed under paragraph (c)(1) of this section from the COTP Ohio Valley or a designated representative who may be a commissioned, warrant, or petty officer of the Coast Guard. The COTP Ohio Valley may be contacted by telephone at 1–800–253–7465 or on VHF–FM channel 16. (d) Informational broadcasts. The COTP, Ohio Valley or a designated representative will inform the public through broadcast notices to mariners (BNM) of the effective period for the safety zone and of any changes in the effective period, size, or restrictions of the safety zone. Dated: September 16, 2014. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. 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: [FR Doc. 2014–23653 Filed 10–2–14; 8:45 am] 1. The authority citation for part 165 continues to read as follows: Table of Acronyms BILLING CODE 9110–04–P PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking DEPARTMENT OF HOMELAND SECURITY Coast Guard ■ 33 CFR Part 165 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, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. A new temporary § 165.T08–0831 is added to read as follows: [Docket Number USCG–2014–0855] RIN 1625–AA00 Safety Zone, Navy Exercise, Delaware Bay and Atlantic Ocean; Cape May, NJ ■ rmajette on DSK2TPTVN1PROD with RULES § 165.T08–0831 Safety Zone, Tennessee River MM 4.8 to 5.8; Ledbetter, KY. (a) Location. The following area is a safety zone: All waters of the Tennessee River from mile 4.8 to 5.8, extending the entire width of the river. (b) Effective dates. This safety zone is effective and enforceable with actual notice on September 16, 2014 through October 31, 2014 or until the demolition and debris removal of the George Rogers VerDate Sep<11>2014 14:48 Oct 02, 2014 Jkt 235001 public and vessels from the hazards associated the exercise. DATES: This rule is effective October 3, 2014 through October 24, 2014 and will be enforced from October 16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0855]. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 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 rule, call or email If you have questions on this temporary rule, call or email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 271–4851, email Brennan.P.Dougherty@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing three temporary safety zones on the waters of the Delaware Bay and North Atlantic Ocean adjacent to Cape May, New Jersey. The safety zones will restrict vessel traffic on a portion of the Delaware Bay and North Atlantic Ocean while a Navy exercise is taking place. These temporary safety zones are necessary to protect the surrounding SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 A. Regulatory History and Information The Coast Guard is issuing this 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 as publishing an NPRM is impracticable given that the final details for this event were not received by the Coast Guard until September 8, 2014, and this exercise is scheduled to take place from October 16, 2014 to October 24, 2014. Further, allowing this event to go forward E:\FR\FM\03OCR1.SGM 03OCR1 Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Rules and Regulations without these safety zones in place would expose mariners and the public to unnecessary dangers associated with this exercise contrary to the public interest. Vessels transiting or attempting to transit through these areas may be at risk, and therefore the safety zones are needed to protect the public from the hazards associated with this exercise. Therefore, delay in taking action is both impracticable and contrary to public interest. 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 as any delay encountered in this regulation’s effective date would be contrary to public interest because immediate action is needed to provide for the safety of life and property from the hazards associated with the naval exercise. rmajette on DSK2TPTVN1PROD with RULES B. Basis and Purpose The legal basis for the rule is the Coast Guard’s authority to establish regulated navigation areas and other limited access areas: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Public Law 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. From October 16, 2014, until October 24, 2014, a Navy exercise will take place in a portion of the Delaware Bay and the North Atlantic Ocean near Cape May, New Jersey. This regulation is necessary because of the ongoing hazards associated with the exercise. Once operations are concluded, an informational broadcast will inform mariners that the saftey zone is no longer being enforced. The Captain of the Port is establishing this safety zone to ensure the safety of life and property of all mariners and vessels transiting the local area. C. Discussion of the Final Rule To mitigate the risks associated with the Navy exercise, the Captain of the Port, Sector Delaware Bay will enforce temporary safety zones in Delaware Bay and the North Atlantic Ocean near Cape May, New Jersey. The safety zones will encompass two areas within Delaware Bay and one area in the North Atlantic Ocean. The first safety zone will encompass all waters of the Delaware Bay, bounded by a line connecting the following points; latitude 38°54′10″ N, longitude 075°03′12″ W thence north to latitude 39°02′24″ N, longitude 075°02′38″ W thence east to latitude 39°02′24″ N, longitude 075°01′42″ W thence southeast to latitude 38°54′22″ N, VerDate Sep<11>2014 14:48 Oct 02, 2014 Jkt 235001 longitude 075°01′18″ W thence west to point of origin. The second safety zone will encompass all waters of the Delaware Bay bounded by a line connecting the following points; latitude 38°54′17″ N, longitude 075°07′50″ W thence northwest to latitude 39°04′06″ N, longitude 075°13′54″ W thence northeast to latitude 39°04′39″ N, longitude 074°12′39″ W thence southeast to latitude 38°55′04″ N, longitude 075°06′38″ W thence southwest to point of origin. The third safety zone will encompass a portion of the North Atlantic Ocean bounded by a line connecting the following points; latitude 38°49′57″ N, longitude 074°47′41″ W thence northeast to latitude 38°54′28″ N, longitude 074°43′15″ W thence southeast to latitude 38°54′11″ N, longitude 074°42′45″ W thence southwest to latitude 38°49′39″ N, longitude 074°47′10″ W thence northwest to point of origin, off the coast of Cape May, NJ. All of the safety zones will be effective and enforced from October 16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day. Entry into, transiting, or anchoring within the safety zone is prohibited. D. Regulatory Analyses We developed this rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on these statutes or executive orders. 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. Although this regulation will restrict access to the regulated area, the effect of this rule will not be significant because: (i) the Coast Guard will make extensive notification of the Safety Zone to the maritime public via maritime advisories so mariners can alter their plans accordingly; (ii) this rule will be enforced until the area is deemed safe to transit. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 59651 requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 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 anchor or transit along a portion of Delaware Bay and North Atlantic Ocean adjacent to Cape May, New Jersey from October 16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day, unless cancelled earlier by the Captain of the Port once all operations are completed. Once operations are concluded, an informational broadcast will inform mariners that the safety zone is no longer being enforced. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reason: the zone is limited in size and duration. Sector Delaware Bay will issue maritime advisories widely available to users of the Delaware River. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine 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. E:\FR\FM\03OCR1.SGM 03OCR1 59652 Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Rules and Regulations 11. Indian Tribal Governments 4. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). 5. 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. We have analyzed this rule under that Order and determined that this rule does not have implications for federalism. 6. 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. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. rmajette on DSK2TPTVN1PROD with RULES 9. 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. 10. 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. VerDate Sep<11>2014 14:48 Oct 02, 2014 Jkt 235001 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. 12. Energy Effects 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves implementation of regulations within 33 CFR Part 165, applicable to safety zones on the navigable waterways. The zones will temporarily restrict vessel traffic from transiting a portion of the Delaware Bay and North Atlantic Ocean in vicinity of Cape May, New Jersey, in order to protect the safety of life and property on the waters until the exercise is complete. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a 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 rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. Frm 00030 Fmt 4700 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, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1 2. Add temporary § 165.T05–0855 to read as follows ■ This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. PO 00000 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: Sfmt 4700 § 165.T05–0855 Safety Zones, Navy Exercise, Delaware Bay and Atlantic Ocean; Cape May, NJ. (a) Regulated area. The following areas are safety zones: (1) All waters of the Delaware Bay, bounded by a line connecting the following points: s all waters of the Delaware Bay, bounded by a line connecting the following points; latitude 38°54′10″ N, longitude 075°03′12″ W thence north to latitude 39°02′24″ N, longitude 075°02′38″ W thence east to latitude 39°02′24″ N, longitude 075°01′42″ W thence southeast to latitude 38°54′22″ N, longitude 075°01′18″ W thence west to point of origin. (2) All waters of the Delaware Bay bounded by a line connecting the following points; latitude 38°54′17″ N, longitude 075°07′50″ W thence northwest to latitude 39°04′06″ N, longitude 075°13′54″ W thence northeast to latitude 39°04′39″ N, longitude 074°12′39″ W thence southeast to latitude 38°55′04″ N, longitude 075°06′38″ W thence southwest to point of origin. (3) All waters of the North Atlantic Ocean bounded by a line connecting the following points; latitude 38°49′57″ N, longitude 074°47′41″ W thence northeast to latitude 38°54′28″ N, longitude 074°43′15″ W thence southeast to latitude 38°54′11″ N, longitude 074°42′45″ W thence southwest to latitude 38°49′39 ″N, longitude 074°47′10″ W thence northwest to point of origin, off the coast of Cape May, NJ. (b) Enforcement period. This rule will be enforced from October 16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day, unless cancelled earlier by the Captain of the Port once all operations are completed. (c) Regulations. All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.23 of this part. (1) This section applies to all vessels wishing to transit through the Safety E:\FR\FM\03OCR1.SGM 03OCR1 Federal Register / Vol. 79, No. 192 / Friday, October 3, 2014 / Rules and Regulations Zone except vessels that are engaged in the following operations: (i) Enforcing laws; (ii) Servicing aids to navigation; and (iii) Emergency response vessels. (2) No person or vessel may enter or remain in a safety zone without the permission of the Captain of the Port; (3) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port; (4) No person may board, or take or place any article or thing on board, any vessel in a safety zone without the permission of the Captain of the Port; and (5) No person may take or place any article or thing upon any waterfront facility in a safety zone without the permission of the Captain of the Port. (d) Definitions. The Captain of the Port means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on her behalf. (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the Safety Zone by Federal, State, and local agencies. Dated: September 23, 2014. K. Moore, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2014–23659 Filed 10–2–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R10–OAR–2014–0141; FRL–9917–10– Region–10] Approval and Promulgation of Implementation Plans; Washington: General Regulations for Air Pollution Sources Environmental Protection Agency. ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is approving revisions to the Washington State Implementation Plan (SIP) submitted by the Department of Ecology (Ecology) on January 27, 2014. These revisions were submitted in accordance with the requirements of section 110 of the Clean Air Act, which requires states to develop a plan for the implementation, maintenance, and enforcement of the National Ambient Air Quality Standards (NAAQS). The revisions update the general air quality regulations that apply to sources within rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 14:48 Oct 02, 2014 Jkt 235001 Ecology’s jurisdiction, except for major source specific provisions which the EPA is addressing separately. DATES: This final rule is effective on November 3, 2014. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2014–0141. 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, e.g., Confidential Business Information (CBI) or other information the disclosure of which 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 Air Programs Unit, Office of Air Waste and Toxics, EPA Region 10, 1200 Sixth Avenue, Seattle, WA, 98101. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view the hard copy of the docket. You may view the hard copy of the docket Monday through Friday, 8:00 a.m. to 4:00 p.m., excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: For information on the New Source Review permitting program, please contact Donna Deneen at (206) 553–6706 or deneen.donna@epa.gov. For information on the Washington SIP in general, please contact Jeff Hunt at (206) 553– 0256, hunt.jeff@epa.gov, or by using the above EPA, Region 10 address. SUPPLEMENTARY INFORMATION: Definitions For the purpose of this document, we are giving meaning to certain words or initials as follows: (i) The words or initials ‘‘Act’’ or ‘‘CAA’’ mean or refer to the Clean Air Act, unless the context indicates otherwise. (ii) The words ‘‘EPA’’, ‘‘we’’, ‘‘us’’ or ‘‘our’’ mean or refer to the United States Environmental Protection Agency. (iii) The initials ‘‘SIP’’ mean or refer to State Implementation Plan. (iv) The words ‘‘Washington’’ and ‘‘State’’ mean the State of Washington. Table of Contents I. Background Information II. Response to Comments III. Final Action IV. Statutory and Executive Orders Review I. Background Information Title I of the CAA, as amended by Congress in 1990, specifies the general PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 59653 requirements for states to submit SIPs to attain or maintain the NAAQS and the EPA’s actions regarding approval of those SIPs. On January 27, 2014, Ecology submitted updates to portions of Chapter 173–400 of the Washington Administrative Code (WAC) currently in the Federally-approved Washington SIP (40 CFR part 52, subpart WW). Ecology did not submit to the EPA those sections of Chapter 173–400 WAC that have not changed since the last SIP approval by the EPA. Ecology also did not submit certain provisions of Chapter 173–400 WAC because they are not related to the criteria pollutants regulated under title I of the CAA, not essential for meeting and maintaining the NAAQS, or not related to the requirements for SIPs under section 110 of the CAA. The SIP revisions covered by this action are explained in more detail in the proposed rulemaking, along with an evaluation of how these rules comply with the CAA requirements for SIPs (79 FR 39351, July 10, 2014). Also included in the proposed rulemaking is a discussion of how the EPA intends to act on the remainder of Ecology’s submittal, covering the Prevention of Significant Deterioration (PSD), Nonattainment New Source Review (NNSR), and visibility permitting programs for major sources. See also the EPA’s proposed rulemaking on the NNSR-specific provisions (79 FR 43345, July 25, 2014). II. Response to Comments The EPA received one set of comments on its proposal. Comment: The commenter pointed to another rulemaking action in which Ecology stated that a notice of construction (NOC) 1 approval order issued under WAC 173–400–113(1) does not need to include conditions requiring compliance with federal New Source Performance Standards (NSPS) or National Emissions Standards for Hazardous Air Pollutants (NESHAP), but that WAC 173–400–113(1) instead only requires that Ecology determine, prior to issuance of an NOC approval order, that the new or modified source in an attainment area will comply with the NSPS and NESHAP. The commenter states that the EPA’s approval of WAC 173–400–113(1) into the Washington SIP therefore would ‘‘give a green light’’ to a regulation that allows Ecology to omit conditions in orders that would require compliance with applicable NSPS and NESHAP. The commenter 1 Washington’s air permitting program uses the terms ‘‘Notice of Construction approval order’’ or ‘‘NOC approval order,’’ which are more commonly referred to as construction permits in other states and as new source review permits under the CAA. E:\FR\FM\03OCR1.SGM 03OCR1

Agencies

[Federal Register Volume 79, Number 192 (Friday, October 3, 2014)]
[Rules and Regulations]
[Pages 59650-59653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23659]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0855]
RIN 1625-AA00


Safety Zone, Navy Exercise, Delaware Bay and Atlantic Ocean; Cape 
May, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing three temporary safety zones 
on the waters of the Delaware Bay and North Atlantic Ocean adjacent to 
Cape May, New Jersey. The safety zones will restrict vessel traffic on 
a portion of the Delaware Bay and North Atlantic Ocean while a Navy 
exercise is taking place. These temporary safety zones are necessary to 
protect the surrounding public and vessels from the hazards associated 
the exercise.

DATES: This rule is effective October 3, 2014 through October 24, 2014 
and will be enforced from October 16, 2014 to October 24, 2014 from 
6:00 a.m. until 8:00 p.m. each day.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0855]. To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type the 
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 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 rule, 
call or email If you have questions on this temporary rule, call or 
email Lieutenant Brennan Dougherty, U.S. Coast Guard, Sector Delaware 
Bay, Chief Waterways Management Division, Coast Guard; telephone (215) 
271-4851, email Brennan.P.Dougherty@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Cheryl Collins, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this 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 as publishing an NPRM is impracticable given 
that the final details for this event were not received by the Coast 
Guard until September 8, 2014, and this exercise is scheduled to take 
place from October 16, 2014 to October 24, 2014. Further, allowing this 
event to go forward

[[Page 59651]]

without these safety zones in place would expose mariners and the 
public to unnecessary dangers associated with this exercise contrary to 
the public interest. Vessels transiting or attempting to transit 
through these areas may be at risk, and therefore the safety zones are 
needed to protect the public from the hazards associated with this 
exercise. Therefore, delay in taking action is both impracticable and 
contrary to public interest.
    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 as any delay encountered in this 
regulation's effective date would be contrary to public interest 
because immediate action is needed to provide for the safety of life 
and property from the hazards associated with the naval exercise.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to 
establish regulated navigation areas and other limited access areas: 33 
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law 107-295, 116 Stat. 2064; 
Department of Homeland Security Delegation No. 0170.1.
    From October 16, 2014, until October 24, 2014, a Navy exercise will 
take place in a portion of the Delaware Bay and the North Atlantic 
Ocean near Cape May, New Jersey. This regulation is necessary because 
of the ongoing hazards associated with the exercise. Once operations 
are concluded, an informational broadcast will inform mariners that the 
saftey zone is no longer being enforced. The Captain of the Port is 
establishing this safety zone to ensure the safety of life and property 
of all mariners and vessels transiting the local area.

C. Discussion of the Final Rule

    To mitigate the risks associated with the Navy exercise, the 
Captain of the Port, Sector Delaware Bay will enforce temporary safety 
zones in Delaware Bay and the North Atlantic Ocean near Cape May, New 
Jersey. The safety zones will encompass two areas within Delaware Bay 
and one area in the North Atlantic Ocean.
    The first safety zone will encompass all waters of the Delaware 
Bay, bounded by a line connecting the following points; latitude 
38[deg]54'10'' N, longitude 075[deg]03'12'' W thence north to latitude 
39[deg]02'24'' N, longitude 075[deg]02'38'' W thence east to latitude 
39[deg]02'24'' N, longitude 075[deg]01'42'' W thence southeast to 
latitude 38[deg]54'22'' N, longitude 075[deg]01'18'' W thence west to 
point of origin.
    The second safety zone will encompass all waters of the Delaware 
Bay bounded by a line connecting the following points; latitude 
38[deg]54'17'' N, longitude 075[deg]07'50'' W thence northwest to 
latitude 39[deg]04'06'' N, longitude 075[deg]13'54'' W thence northeast 
to latitude 39[deg]04'39'' N, longitude 074[deg]12'39'' W thence 
southeast to latitude 38[deg]55'04'' N, longitude 075[deg]06'38'' W 
thence southwest to point of origin.
    The third safety zone will encompass a portion of the North 
Atlantic Ocean bounded by a line connecting the following points; 
latitude 38[deg]49'57'' N, longitude 074[deg]47'41'' W thence northeast 
to latitude 38[deg]54'28'' N, longitude 074[deg]43'15'' W thence 
southeast to latitude 38[deg]54'11'' N, longitude 074[deg]42'45'' W 
thence southwest to latitude 38[deg]49'39'' N, longitude 
074[deg]47'10'' W thence northwest to point of origin, off the coast of 
Cape May, NJ.
    All of the safety zones will be effective and enforced from October 
16, 2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day. 
Entry into, transiting, or anchoring within the safety zone is 
prohibited.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. Although this regulation 
will restrict access to the regulated area, the effect of this rule 
will not be significant because: (i) the Coast Guard will make 
extensive notification of the Safety Zone to the maritime public via 
maritime advisories so mariners can alter their plans accordingly; (ii) 
this rule will be enforced until the area is deemed safe to transit.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
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 anchor or transit along a portion of Delaware Bay and 
North Atlantic Ocean adjacent to Cape May, New Jersey from October 16, 
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day, 
unless cancelled earlier by the Captain of the Port once all operations 
are completed. Once operations are concluded, an informational 
broadcast will inform mariners that the safety zone is no longer being 
enforced.
    This safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reason: the zone 
is limited in size and duration. Sector Delaware Bay will issue 
maritime advisories widely available to users of the Delaware River.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT, 
above.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine 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.

[[Page 59652]]

4. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. 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. We have analyzed this rule under that Order and determined 
that this rule does not have implications for federalism.

6. 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.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 determined 
that this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule involves implementation of regulations within 33 
CFR Part 165, applicable to safety zones on the navigable waterways. 
The zones will temporarily restrict vessel traffic from transiting a 
portion of the Delaware Bay and North Atlantic Ocean in vicinity of 
Cape May, New Jersey, in order to protect the safety of life and 
property on the waters until the exercise is complete. This rule is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a 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 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

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, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No. 
0170.1


0
2. Add temporary Sec.  165.T05-0855 to read as follows


Sec.  165.T05-0855  Safety Zones, Navy Exercise, Delaware Bay and 
Atlantic Ocean; Cape May, NJ.

    (a) Regulated area. The following areas are safety zones: (1) All 
waters of the Delaware Bay, bounded by a line connecting the following 
points: s all waters of the Delaware Bay, bounded by a line connecting 
the following points; latitude 38[deg]54'10'' N, longitude 
075[deg]03'12'' W thence north to latitude 39[deg]02'24'' N, longitude 
075[deg]02'38'' W thence east to latitude 39[deg]02'24'' N, longitude 
075[deg]01'42'' W thence southeast to latitude 38[deg]54'22'' N, 
longitude 075[deg]01'18'' W thence west to point of origin.
    (2) All waters of the Delaware Bay bounded by a line connecting the 
following points; latitude 38[deg]54'17'' N, longitude 075[deg]07'50'' 
W thence northwest to latitude 39[deg]04'06'' N, longitude 
075[deg]13'54'' W thence northeast to latitude 39[deg]04'39'' N, 
longitude 074[deg]12'39'' W thence southeast to latitude 38[deg]55'04'' 
N, longitude 075[deg]06'38'' W thence southwest to point of origin.
    (3) All waters of the North Atlantic Ocean bounded by a line 
connecting the following points; latitude 38[deg]49'57'' N, longitude 
074[deg]47'41'' W thence northeast to latitude 38[deg]54'28'' N, 
longitude 074[deg]43'15'' W thence southeast to latitude 38[deg]54'11'' 
N, longitude 074[deg]42'45'' W thence southwest to latitude 
38[deg]49'39 ''N, longitude 074[deg]47'10'' W thence northwest to point 
of origin, off the coast of Cape May, NJ.
    (b) Enforcement period. This rule will be enforced from October 16, 
2014 to October 24, 2014 from 6:00 a.m. until 8:00 p.m. each day, 
unless cancelled earlier by the Captain of the Port once all operations 
are completed.
    (c) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) This section applies to all vessels wishing to transit through 
the Safety

[[Page 59653]]

Zone except vessels that are engaged in the following operations:
    (i) Enforcing laws;
    (ii) Servicing aids to navigation; and
    (iii) Emergency response vessels.
    (2) No person or vessel may enter or remain in a safety zone 
without the permission of the Captain of the Port;
    (3) Each person and vessel in a safety zone shall obey any 
direction or order of the Captain of the Port;
    (4) No person may board, or take or place any article or thing on 
board, any vessel in a safety zone without the permission of the 
Captain of the Port; and
    (5) No person may take or place any article or thing upon any 
waterfront facility in a safety zone without the permission of the 
Captain of the Port.
    (d) Definitions. The Captain of the Port means the Commander of 
Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty 
officer who has been authorized by the Captain of the Port to act on 
her behalf.
    (e) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the Safety Zone by Federal, State, and local 
agencies.

    Dated: September 23, 2014.
K. Moore,
Captain, U.S. Coast Guard, Captain of the Port Delaware Bay.
[FR Doc. 2014-23659 Filed 10-2-14; 8:45 am]
BILLING CODE 9110-04-P