Security Zone; USCGC Hamilton Commissioning Ceremony, Charleston Harbor, Charleston, SC, 71022-71025 [2014-28271]
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
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 an 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.
rljohnson on DSK3VPTVN1PROD with RULES
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
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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 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. The safety
zone is implemented to protect persons
and property due to removal of two 16
inch pipelines at mile 45 Upper
Mississippi 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
§ 165.T08–0878 Safety Zone; Upper
Mississippi River MM 44 to 46, Thebes, IL.
(a) Location. The following area is a
safety zone: all waters of the Upper
Mississippi River from mile 44 to 46,
Thebes, IL., extending the entire width
of the Upper Mississippi River.
(b) Effective dates. This rule is
effective from November 1, 2014 to
January 31, 2015 or until pipeline
removal is completed, whichever occurs
first. Enforcement times and specific
restrictions will be announced via
Broadcast Notice to Mariners (BNM).
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone during the
enforcement period 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
Captain of the Port Ohio Valley or a
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zone as well as any changes
in the dates and times of enforcement.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Dated: October 2, 2014.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2014–28270 Filed 11–28–14; 8:45 am]
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Coast Guard
1. The authority citation for part 165
continues to read as follows:
[Docket Number USCG–2014–0698]
■
33 CFR Part 165
RIN 1625–AA87
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.
Security Zone; USCGC Hamilton
Commissioning Ceremony, Charleston
Harbor, Charleston, SC
2. A new temporary § 165.T08–0878 is
added to read as follows:
ACTION:
■
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Coast Guard, DHS.
Temporary Final Rule.
AGENCY:
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
The Coast Guard is
establishing a temporary security zone
in the navigable waters of the
Charleston Harbor, Charleston, SC
within Coast Guard Sector Charleston’s
Captain of the Port Zone. The security
zone is necessary to prevent damage or
injury to vessels and to safeguard
Charleston Harbor during the USCGC
HAMILTON commissioning ceremony.
Persons and vessels will be prohibited
from entering, transiting through,
anchoring in, or remaining within the
security zone unless authorized by the
Captain of the Port Charleston or a
designated representative.
DATES: This rule is effective on
December 5 and 6, 2014 and will be
enforced from 8:00 a.m. to 4:00 p.m. on
December 6, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2014–0698. 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 Chief Warrant Officer Christopher
Ruleman, Sector Charleston Waterways
Management, U.S. Coast Guard;
telephone (843) 740–3184, email
christopher.l.ruleman@uscg.mil. If you
have questions on viewing the docket,
call Cheryl Collins, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
rljohnson on DSK3VPTVN1PROD with RULES
A. 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.
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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 because the
Coast Guard did not have sufficient time
to publish an NPRM and to receive
public comments prior to the event. Any
delay in the effective date of this rule
would be impracticable and contrary to
the public interest. The event will occur
before a notice-and-comment
rulemaking could be completed, thereby
jeopardizing the safety and security of
the commissioning ceremony.
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. For the same reasons
discussed in the preceding paragraph,
delaying the effective date of this rule
would be impracticable and contrary to
the public interest.
B. Basis and Purpose
The legal basis for the rule is the
Coast Guard’s authority to establish
regulated security zones and other
limited access areas: 33 U.S.C. 1231; 46
U.S.C. Chapter 701; 50 U.S.C. 191; 33
CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
Department of Homeland Security
Delegation No. 0170.1.
The security zone is necessary to
safeguard the Port of Charleston during
the USCGC HAMILTON commissioning
ceremony.
C. 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 and 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. The economic impact of this
rule is not significant for the following
reasons: (1) the security zone will only
be enforced for a total of eight hours; (2)
although persons and vessels may not
enter, transit through, anchor in, or
remain within the security zone without
authorization from the Captain of the
Port Charleston or a designated
representative, they may operate in the
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71023
surrounding area during the
enforcement period; and (3) the Coast
Guard will provide advance notification
of the security zone to the local
maritime community by Local Notice to
Mariners and Broadcast Notice to
Mariners.
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 would affect the following
entities, some of which may be small
entities: the owners or operators of
vessels intending to transit in a portion
of the Charleston Harbor in Charleston,
South Carolina from 8:00 a.m. until 4:00
p.m. on December 6, 2014.
For the reasons discussed in the
Regulatory Planning and Review section
above, this rule will not have a
significant economic impact on a
substantial number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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.
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 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 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.
rljohnson on DSK3VPTVN1PROD 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
13:52 Nov 28, 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
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 a
security zone on waters of the
Charleston Harbor, South Carolina
during the USCGC HAMILTON
commissioning ceremony on Saturday,
December 6, 2014. Persons and vessels
are prohibited from entering, transiting
through, anchoring in, or remaining
within the security zone unless
authorized by the Captain of the Port
Charleston or a designated
representative. This rule is categorically
excluded from further review under
paragraph (34)(g) of Figure 2–1 of the
Commandant Instruction. 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:
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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 a temporary § 165.T07–0698 to
read as follows:
■
§ 165.T07–0698 Security Zone; USCGC
HAMILTON commissioning ceremony,
Charleston Harbor, Charleston, SC.
(a) Regulated Area. The rule
establishes a security zone on certain
waters of the Charleston Harbor, South
Carolina. The security zone will create
a regulated area that encompasses a
portion of the waterway; all waters of
the Charleston Harbor within 500 yards
of the South Carolina Ports Authority
Union Street Pier.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port Charleston in the
enforcement of the regulated area.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Captain of the
Port Charleston or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, or remain within
the regulated area may contact the
Captain of the Port Charleston by
telephone at 843–740–7050, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
or remain within the regulated area is
granted by the Captain of the Port
Charleston or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Charleston or a
designated representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Effective and enforcement period.
This rule is effective on December 5
through 6, 2014 and will be enforced
from 8:00 a.m. until 4:00 p.m. on
December 6, 2014.
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
Dated: November 4, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
FOR FURTHER INFORMATION CONTACT:
Amy Algoe-Eakin, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7942, or by email at algoeeakin.amy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to EPA. This section
provides additional information by
addressing the following:
[FR Doc. 2014–28271 Filed 11–28–14; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0550; FRL–9919–87–
Region 7]
Approval and Promulgation of
Implementation Plans; State of Iowa;
2014 Iowa State Implementation Plan
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the State
Implementation Plan (SIP) for the State
of Iowa. This final action will approve
a revision to Iowa’s SIP for the 2006 24hour PM2.5 National Ambient Air
Quality Standards (NAAQS). The
proposed action was published in the
Federal Register on August 11, 2014. As
stated in the proposal, the SIP revision
submitted by the state satisfies the
applicable requirements of the Clean Air
Act (CAA) and will keep the Muscatine
County, Iowa area in attainment of the
2006 24-hour PM2.5 NAAQS.
DATES: This final rule is effective on
December 31, 2014.
ADDRESSES: EPA has established a
docket for this action under Docket ID
No. EPA–R07–OAR–2014–0550. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. 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 through
https://www.regulations.gov or in hard
copy at the Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. The Regional
Office’s official hours of business are
Monday through Friday, 8:00 to 4:30
excluding Federal holidays. The
interested persons wanting to examine
these documents should make an
appointment with the office at least 24
hours in advance.
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SUMMARY:
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I. What is being addressed in this document?
II. Have the requirements for approval of a
SIP revision been met?
III. EPA’s Response to Comments
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
I. What is being addressed in this
document?
EPA is granting final approval to the
Iowa SIP submitted in response to a July
14, 2011, SIP Call related to the 2006 24hour PM2.5 NAAQS. 76 FR 41424. EPA
proposed approval of this SIP revision
on August 11, 2014. 79 FR 46742. A
complete background of this rulemaking
can be found in the docket for the
proposal.
II. Have the requirements for approval
of a SIP revision been met?
The state submission has met the
public notice requirements for SIP
submissions in accordance with 40 CFR
51.102. The submission also satisfied
the completeness criteria of 40 CFR part
51, appendix V. In addition, as
explained above and in more detail in
the technical support document which
is part of this document, the revision
meets the substantive SIP requirements
of the CAA, including section 110 and
implementing regulations.
III. EPA’s Response to Comments
The public comment period on EPA’s
proposed rule opened August 11, 2014,
the date of its publication in the Federal
Register, and closed on September 10,
2014. During this period, EPA received
three comment letters from the Iowa
Chapter of the Sierra Club, Iowa
Environmental Council, and Clean Air
Muscatine, Inc.
Comment 1: Two commenters
commented on the negative effects of
PM2.5 emissions the citizens of
Muscatine. One commenter stated that
excessive PM2.5 emissions ‘‘deprive
health people of their ability to live
their lives as actively as they might
wish.’’ One commenter stated that PM2.5
causes and exacerbates respiratory
illness. A commenter also stated that
excessive PM2.5 emissions impede a
community’s ability to enjoy economic
progress.
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71025
Response 1: EPA agrees that PM2.5
emissions can have negative health and
economic effects on a community. EPA
issued a SIP Call to Iowa to address the
violations of the 2006 24-hour PM2.5
NAAQS in the Muscatine County, area.
76 FR 41424. The July 30, 2014,
Technical Support Document (TSD) for
this proposed action 1 shows that the
monitored values are currently below
the 2006 24-hour PM2.5 NAAQS. In this
SIP being finalized today the State of
Iowa has identified permanent and
enforceable strategies to provide for
continued attainment.
Comment 2: Two commenters
commented on the emissions from Grain
Processing Corporation (GPC). Both
commenters note that GPC has a history
of pollution and violating the CAA.
Both commenters noted the enforcement
action taken by the Iowa Attorney
General’s office regarding violations at
GPC. Both commenters also expressed
concerns about GPC complying with the
terms of the SIP.
Response 2: The final action today
incorporates Iowa’s SIP into the
Federally-approved SIP. As a result,
EPA will have the authority to enforce
any violations of the SIP pursuant to
section 113 of the CAA. EPA intends to
monitor compliance with the
obligations set forth in Iowa’s SIP for the
Muscatine County area to ensure the
area continues to attain the NAAQS.
Further, the SIP contingency measures
provide, that if, after the
implementation of controls, the area
violates the standard, the contingency
measures will go into effect to reduce
PM2.5 emissions in the Muscatine
County area. These protections ensure
that emission sources will comply with
the terms of the SIP.
Comment 3: Two commenters stated
that the 2017 attainment date was later
than what was proposed in the SIP Call.
One commenter stated that the
technology to ‘‘clean the air’’ has been
around for years and the corrective
measures proposed are to be completed
by 2017.
Response 3: The July 30, 2014, TSD
for the proposed action 2 shows that the
monitored values for PM2.5 in the
Muscatine area are currently below the
2006 24-hour PM2.5 NAAQS and the
State of Iowa has identified permanent
and enforceable strategies to provide for
continued attainment. Further, the TSD
discusses the complexity of the projects
GPC is implementing. The number of
pollutant-reducing projects as well as
the necessity of a phased construction
1 79 FR 43742 (August 11, 2014); EPA–R07–OAR–
2014–0550; FRL 9915–02–Region 7.
2 Id.
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]]>Agencies
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Rules and Regulations]
[Pages 71022-71025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28271]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2014-0698]
RIN 1625-AA87
Security Zone; USCGC Hamilton Commissioning Ceremony, Charleston
Harbor, Charleston, SC
AGENCY: Coast Guard, DHS.
ACTION: Temporary Final Rule.
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[[Page 71023]]
SUMMARY: The Coast Guard is establishing a temporary security zone in
the navigable waters of the Charleston Harbor, Charleston, SC within
Coast Guard Sector Charleston's Captain of the Port Zone. The security
zone is necessary to prevent damage or injury to vessels and to
safeguard Charleston Harbor during the USCGC HAMILTON commissioning
ceremony. Persons and vessels will be prohibited from entering,
transiting through, anchoring in, or remaining within the security zone
unless authorized by the Captain of the Port Charleston or a designated
representative.
DATES: This rule is effective on December 5 and 6, 2014 and will be
enforced from 8:00 a.m. to 4:00 p.m. on December 6, 2014.
ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0698. 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 Chief Warrant Officer Christopher Ruleman, Sector
Charleston Waterways Management, U.S. Coast Guard; telephone (843) 740-
3184, email christopher.l.ruleman@uscg.mil. If you have questions on
viewing 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 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 because the Coast Guard did not have
sufficient time to publish an NPRM and to receive public comments prior
to the event. Any delay in the effective date of this rule would be
impracticable and contrary to the public interest. The event will occur
before a notice-and-comment rulemaking could be completed, thereby
jeopardizing the safety and security of the commissioning ceremony.
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. For the same reasons discussed in
the preceding paragraph, delaying the effective date of this rule would
be impracticable and contrary to the public interest.
B. Basis and Purpose
The legal basis for the rule is the Coast Guard's authority to
establish regulated security zones and other limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, 160.5; Department of Homeland Security Delegation No.
0170.1.
The security zone is necessary to safeguard the Port of Charleston
during the USCGC HAMILTON commissioning ceremony.
C. 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 and 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. The economic impact of
this rule is not significant for the following reasons: (1) the
security zone will only be enforced for a total of eight hours; (2)
although persons and vessels may not enter, transit through, anchor in,
or remain within the security zone without authorization from the
Captain of the Port Charleston or a designated representative, they may
operate in the surrounding area during the enforcement period; and (3)
the Coast Guard will provide advance notification of the security zone
to the local maritime community by Local Notice to Mariners and
Broadcast Notice to Mariners.
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 would affect the following entities, some of
which may be small entities: the owners or operators of vessels
intending to transit in a portion of the Charleston Harbor in
Charleston, South Carolina from 8:00 a.m. until 4:00 p.m. on December
6, 2014.
For the reasons discussed in the Regulatory Planning and Review
section above, this rule will not have a significant economic impact on
a substantial number of small entities.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 71024]]
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 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 a security zone on waters of the
Charleston Harbor, South Carolina during the USCGC HAMILTON
commissioning ceremony on Saturday, December 6, 2014. Persons and
vessels are prohibited from entering, transiting through, anchoring in,
or remaining within the security zone unless authorized by the Captain
of the Port Charleston or a designated representative. This rule is
categorically excluded from further review under paragraph (34)(g) of
Figure 2-1 of the Commandant Instruction. 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 a temporary Sec. 165.T07-0698 to read as follows:
Sec. 165.T07-0698 Security Zone; USCGC HAMILTON commissioning
ceremony, Charleston Harbor, Charleston, SC.
(a) Regulated Area. The rule establishes a security zone on certain
waters of the Charleston Harbor, South Carolina. The security zone will
create a regulated area that encompasses a portion of the waterway; all
waters of the Charleston Harbor within 500 yards of the South Carolina
Ports Authority Union Street Pier.
(b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Charleston in the enforcement of the regulated
area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Charleston
or a designated representative.
(2) Persons and vessels desiring to enter, transit through, or
remain within the regulated area may contact the Captain of the Port
Charleston by telephone at 843-740-7050, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, or remain within the regulated area is
granted by the Captain of the Port Charleston or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Charleston
or a designated representative.
(3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
(d) Effective and enforcement period. This rule is effective on
December 5 through 6, 2014 and will be enforced from 8:00 a.m. until
4:00 p.m. on December 6, 2014.
[[Page 71025]]
Dated: November 4, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-28271 Filed 11-28-14; 8:45 am]
BILLING CODE 9110-04-P
