[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Proposed Rules]
[Pages 16704-16707]
[FR Doc No: 2014-06441]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2014-0097]
RIN 1625-AA08

Special Local Regulations; Dragging on the Waccamaw, Atlantic
Intracoastal Waterway; Bucksport, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Coast Guard proposes to establish special local
regulations on the Atlantic Intracoastal Waterway in Bucksport, South
Carolina during the Outboard Drag Boat Association (ODBA) dragging on
the Waccamaw, a series of high-speed boat races. The event is scheduled
to take place from 10:30 a.m. on June 21, 2014, through 8:30 p.m. on
June 22, 2014. Approximately 50 high-speed race boats are anticipated
to participate in the races. These special local regulations are
necessary to provide for the safety of life and property on navigable
waters of the United States during the event. These special local
regulations would temporarily restrict vessel traffic in a portion of
the Atlantic Intracoastal Waterway. Persons and vessels that are not
participating in the races would be prohibited from entering,
transiting through, anchoring in, or remaining within the restricted
area unless authorized by the Captain of the Port Charleston or a
designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before April 25, 2014. Requests for public meetings must be
received by the Coast Guard on or before April 15, 2014.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Chief Warrant Officer Christopher Ruleman, Sector
Charleston Office of Waterways Management, Coast Guard; telephone
(843)-740-3184, email<EMAIL_ADDRESS>If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

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

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.

You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use
only one of these means. If you submit a comment online, it will be
considered received by the Coast Guard when you successfully transmit
the comment. If you fax, hand deliver, or mail your comment, it will be
considered as having been received by the Coast Guard when it is
received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2014-0097] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2014-0097) 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.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting, but you may submit a
request for one on or before April 15, 2014 using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
this rulemaking, we will hold one at a time and place announced by a
later notice in the Federal Register. For information on facilities or
services for individuals with disabilities or to request special
assistance at the public meeting, contact the person named in the FOR
FURTHER INFORMATION CONTACT section, above.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish special local regulations: 33 U.S.C. 1233. The purpose of the
proposed rule is to ensure safety of life and property on the navigable
waters of the United States during the ODBA Dragging on the Waccamaw
boat races.

C. Discussion of Proposed Rule

    On Saturday, June 21, 2014, and Sunday, June 22, 2014 the Outboard
Drag Boat Association (ODBA) will host ``Dragging on the Waccamaw,'' a
series of high-speed boat races. The event will be held on a portion of
the Atlantic Intracoastal Waterway in Bucksport, South Carolina.
Approximately 50 high-speed race boats are anticipated to participate
in the races.
    The proposed rule would establish a special local regulation that
encompass certain waters of the Intracoastal Waterway in Bucksport,
South Carolina. The special local regulation would be enforced daily
from 10:30 a.m. until 8:30 p.m. on June 21, 2014 through June 22, 2014.
The special local regulation would consist of a regulated area around
vessels participating in the event. The regulated area would be as
follows: All waters of the Atlantic Intracoastal Waterway encompassed
within the following points; starting at point 1 in position
33[deg]39'11.46'' N 079[deg]05'36.78'' W; thence west to point 2 in
position 33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence south to
point 3 in position 33[deg]38'39.48'' N 079[deg]05'37.44'' W; thence
east to point 4 in position 33[deg]38'42.3'' N 079[deg]05'30.6'' W;
thence north back to origin. All coordinates are North American Datum
1983. Persons and vessels, except those participating in the race,
would be prohibited from entering, transiting through, anchoring, or
remaining within the regulated area unless specifically authorized by
the Captain of the Port Charleston or a designated representative.
Persons and vessels would be able to request authorization to enter,
transit through, anchor in, or remain within the regulated area by
contacting the Captain of the Port Charleston by telephone at (843)
740-7050, or a designated representative via VHF radio on channel 16.
If authorization to enter, transit through, anchor in, 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 would be required to comply with the instructions of the
Captain of the Port Charleston or a designated representative. The
Coast Guard would provide notice of the regulated areas by Local Notice
to Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

D. Regulatory Analyses

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

 1. Regulatory Planning and Review

    This proposed 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 proposed rule is not significant for the following reasons: (1)
the special local regulations would be enforced for only seventeen
hours over a two-day period; (2) although persons and vessels would not
be able to enter, transit through, anchor in, or remain within the
regulated area without authorization from the Captain of the Port
Charleston or a designated representative, they would be able to
operate in the surrounding area during the enforcement periods; (3)
persons and vessels would still be able to enter, transit through,
anchor in, or remain within the regulated area if authorized by the
Captain of the Port Charleston or a designated representative; and (4)
the Coast Guard would provide advance notification of the regulated
area 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
proposed rule will not have a significant economic impact on a
substantial number of small entities: This proposed rule may affect the
following entities, some of which may be small entities: the owners or
operators of vessels intending to enter, transit through, anchor in, or
remain within that portion of the Atlantic Intracoastal Waterway
encompassed within the regulated area from 10:30 a.m. until 8:30 p.m.
on June 21, 2014 and June 22, 2014. For the reasons discussed in the
Regulatory Planning and Review section above, this proposed rule would
not have a significant economic impact on a substantial number of small
entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

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 proposed 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. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

    This proposed 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 proposed 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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would 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 proposed 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 From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed rule 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed 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). The
Coast Guard previously completed an environmental assessment for this
event and regulation in 2013. The event and regulation for the 2013
occurrence is similar in all aspects to this year's event and
regulation; therefore the same environmental assessment and
supplemental environmental assessment are being referenced for this
year's event and regulation. The environmental assessment is available
in the docket folder for USCG-2013-0102 at www.regulations.gov. This
proposed rule involves establishing a special local regulation issued
in conjunction with a regatta or marine parade, that will be enforced
from 10:30 a.m. on June 21, 2014, until 8:30 p.m. on June 22, 2014.
This rule is categorically excluded from further review under paragraph
34(h) 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 proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add a temporary Sec.  100.T07-0097 to read as follows:

Sec.  100.T07-0097  Special Local Regulations; Dragging on the
Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC.

    This section establishes a special local regulation on certain
waters of the Atlantic Intracoastal Waterway in Bucksport, South
Carolina. The special local regulation will consist of a regulated area
which will be enforced daily from 10:30 a.m. until 8:30 p.m., on June
21, 2014 and June 22, 2014. The special local regulation would consist
of a regulated area around vessels participating in the event.
    (a) Regulated Area. All waters of the Atlantic Intracoastal
Waterway encompassed within the following points; starting at point 1
in position 33[deg]39'11.46'' N 079[deg]05'36.78'' W; thence west to
point 2 in position 33[deg]39'12.18'' N 079[deg]05'47.76'' W; thence
south to point 3 in position 33[deg]38'39.48'' N 079[deg]05'37.44'' W;
thence east to point 4 in position 33[deg]38'42.3'' N 079[deg]05'30.6''
W; thence north back to origin. All coordinates are North American
Datum 1983.
    (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
areas.
    (c) Regulations. (1) All persons and vessels, except those
participating in the Dragging on the Waccamaw, or serving as safety
vessels, are prohibited from entering, transiting through, anchoring
in, or remaining within the regulated area. Persons and vessels
desiring to enter, transit through, anchor in, or remain within the
regulated area may contact the Captain of the Port Charleston by
telephone at<PHONE_NUMBER>, or a designated representative via VHF
radio on channel 16, to request authorization. If authorization to
enter, transit through, anchor in, 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.
    (2) The Coast Guard will provide notice of the regulated area by
Marine Safety Information Bulletins, Local Notice to Mariners,
Broadcast Notice to Mariners, and on-scene designated representatives.
    (d) Enforcement Date. This section will be enforced daily from
10:30 a.m. until 8:30 p.m. on June 21, 2014 and June 22, 2014.

    Dated: March 4, 2014.
R. R. Rodriguez,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2014-06441 Filed 3-25-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Rules and Regulations]
[Pages 57273-57276]
[FR Doc No: 2013-22623]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2012-0337 and EPA-R05-OAR-2012-0462; FRL-9900-79-Region 5]

Approval and Promulgation of Air Quality Implementation Plans;
Ohio; Redesignation of the Steubenville-Weirton Area to Attainment of
the 1997 Annual Standard and the 2006 24-Hour Standard for Fine
Particulate Matter

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is redesignating under the Clean Air Act (CAA) the Ohio
portion of the Steubenville-Weirton area (Jefferson County, OH and
Brooke and Hancock Counties, WV) to attainment for the 1997 annual and
2006 24-hour national ambient air quality standards (NAAQS or standard)
for fine particulate matter (PM2.5). On April 16, and May
31, 2012, the Ohio Environmental Protection Agency (OEPA) submitted a
request for EPA to redesignate the Steubenville-Weirton Ohio
nonattainment area. EPA determined that the Steubenville-Weirton area
has attained the 1997 annual and 2006 24-hour PM2.5
standard, and proposed to approve Ohio's request to redesignate the
area on July 11, 2013. EPA's final rulemaking involves several related
actions. EPA is approving, as a revision to the Ohio state
implementation plan (SIP), the state's plan for maintaining the 1997
annual and 2006 24-hour PM2.5 NAAQS in the area through
2025. EPA is making a finding of insignificance for Ohio's motor
vehicle emissions of nitrogen oxides (NOX) and direct
PM2.5 for the Steubenville-Weirton area for transportation
conformity purposes. Therefore, as Ohio requested, EPA is redesignating
the Ohio portion of the Steubenville-Weirton area to attainment for the
1997 PM2.5 annual and 2006 24-hour standards.

DATES: This rule will be effective September 18, 2013.

ADDRESSES: EPA has established a docket for this action under Docket
Identification EPA-R05-OAR-2012-0337 and EPA-R05-OAR-2012-0462. All
documents in these dockets are listed on the www.regulations.gov Web
site. Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the U.S. Environmental
Protection Agency, Region 5, Air and Radiation Division, 77 West
Jackson Boulevard, Chicago, Illinois 60604. This facility is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal
holidays. We recommend that you telephone Carolyn Persoon at (312) 353-
8290 before visiting the Region 5 office.

FOR FURTHER INFORMATION CONTACT: Carolyn Persoon, Environmental
Engineer, Control Strategies Section, Air Programs Branch (AR-18J),
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA. This supplementary information
section is arranged as follows:

I. What is the background for the actions?
II. What actions is EPA taking?
III. What is EPA's response to comments?
IV. Why is EPA taking these actions?
V. Final Action
VI. Statutory and Executive Order Reviews

I. What is the background for the actions?

    On April 16, and May 31, 2012, OEPA submitted a request for EPA to
redesignate the Steubenville-Weirton nonattainment area to attainment
for the 1997 annual and 2006 24-hour PM2.5 NAAQS, and for
EPA approval of the state's SIP revision containing an emissions
inventory and a maintenance plan for the area. On July 11, 2013, (78 FR
41752), EPA proposed redesignation and proposed approval of Ohio's plan
for maintaining the 1997 annual and 2006 24-hour PM2.5
NAAQS. Finally, for transportation conformity purposes EPA is approving
Ohio's determination that on-road emissions of PM2.5 and
NOX are insignificant contributors to PM2.5
concentrations in the area. Additional background for today's action is
set forth in EPA's July 11, 2013, proposed rulemaking.

II. What actions is EPA taking?

    EPA has determined that the entire Steubenville-Weirton area is
attaining the 1997 annual and 2006 24-hour PM2.5 standard
(78 FR 41752) and that the Ohio portion of the area has met the
requirements for redesignation under section 107(d)(3)(E) of the CAA.
Thus, EPA is changing the legal designation of the Ohio portion of the
Steubenville-Weirton area from nonattainment to attainment for the 1997
annual and 2006 24-hour PM2.5 NAAQS. This action does not
address the West Virginia portion of the Steubenville-Weirton area. EPA
is also taking several additional actions related to Ohio's
PM2.5 redesignation requests, as discussed below.
    EPA is approving Ohio's 1997 and 2006 PM2.5 maintenance
plans for the Steubenville-Weirton area as revisions to the Ohio SIP
(such approval being one of the CAA criteria for redesignation to
attainment status). The maintenance plans are designed to keep the
Steubenville-Weirton area in attainment of the 1997 annual and 2006 24-
hour PM2.5 NAAQS through 2025.
    EPA is also approving the 2005 and 2008 emission inventories for
primary PM2.5,\1\ NOX, and sulfur dioxide
(SO2),\2\ documented in Ohio's PM2.5
redesignation request submittals. These emissions inventories satisfy
the requirement in section 172(c)(3) of the CAA for a comprehensive,
current emission inventory.
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    \1\ Fine particulates directly emitted by sources and not formed
in a secondary manner through chemical reactions or other processes
in the atmosphere.
    \2\ NOX and SO2 are precursors for fine
particulates through chemical reactions and other related processes
in the atmosphere.
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    Finally, EPA is approving Ohio's determination for transportation
conformity purposes that on-road emissions of PM2.5 and
NOX are insignificant contributors to PM2.5
concentrations in the area.
    Further discussion of the basis for these actions was provided in
the proposal on July 11, 2013 (78 FR 41752).

III. What is EPA's response to comments?

    EPA received no comments on its proposed rulemaking.

IV. Why is EPA taking these actions?

    EPA has determined that the Steubenville-Weirton area has continued
to attain the 1997 annual and 2006 24-hour PM2.5 NAAQS. EPA
has also determined that all other criteria have been met for the
redesignation of the Ohio portion of the Steubenville-Weirton area from
nonattainment to attainment of the 1997 annual and 2006 24-hour
PM2.5 NAAQS and for approval of Ohio's maintenance plan for
the area. See CAA sections 107(d)(3)(E) and 175A. The detailed
rationale for EPA's findings and actions is set forth in the proposed
rulemaking of July 11, 2013,

(78 FR 41752), and in this final rulemaking.

V. Final Action

    EPA has previously made the determination that the Steubenville-
Weirton area has attained the 1997 annual and 2006 24-hour
PM2.5 standard (76 FR 56641; 77 FR 28264, respectively). EPA
is determining that the area continues to attain the standards and that
the Ohio portion of the area meets the requirements for redesignation
to attainment of the standards under sections 107(d)(3)(E) and 175A of
the CAA. Thus, EPA is changing the legal designation of the Ohio
portion of the Steubenville-Weirton area from nonattainment to
attainment for the 1997 annual and 2006 24-hour PM2.5 NAAQS.
EPA is also approving Ohio's 1997 annual and 2006 24-hour
PM2.5 maintenance plans for the Steubenville-Weirton area as
a revision to the SIP because the plan meets the requirements of
section 175A of the CAA. EPA is approving the 2005 and 2008 emissions
inventories for primary PM2.5, NOX, and
SO2, documented in Ohio's April 16, and May 31, 2012,
submittals as satisfying the requirement in section 172(c)(3) of the
CAA for a comprehensive, current emission inventory.
    Finally, EPA is approving Ohio's determination for transportation
conformity purposes that on-road emissions of PM2.5 and
NOX are insignificant contributors to PM2.5
concentrations in the area.
    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause
for this action to become effective immediately upon publication. This
is because a delayed effective date is unnecessary due to the nature of
a redesignation to attainment, which relieves the area from certain CAA
requirements that would otherwise apply to it. The immediate effective
date for this action is authorized under both 5 U.S.C. 553(d)(1), which
provides that rulemaking actions may become effective less than 30 days
after publication if the rule--grants or recognizes an exemption or
relieves a restriction, and section 553(d)(3), which allows an
effective date less than 30 days after publication--as otherwise
provided by the agency for good cause found and published with the
rule. The purpose of the 30-day waiting period prescribed in section
553(d) is to give affected parties a reasonable time to adjust their
behavior and prepare before the final rule takes effect. Today's rule,
however, does not create any new regulatory requirements such that
affected parties would need time to prepare before the rule takes
effect. Rather, today's rule relieves the Ohio of various requirements
for the Ohio portion of the Steubenville-Weirton area. For these
reasons, EPA finds good cause under 5 U.S.C. 553(d)(3) for this action
to become effective on the date of publication of this action.

VI. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the
accompanying approval of the maintenance plan under CAA section
107(d)(3)(E) are actions that affect the status of geographical area
and do not impose any additional regulatory requirements on sources
beyond those required by state law. A redesignation to attainment does
not in and of itself impose any new requirements, but rather results in
the application of requirements contained in the CAA for areas that
have been redesignated to attainment. Moreover, the Administrator is
required to approve a SIP submission that complies with the provisions
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For these reasons, these actions:
     Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not significant regulatory action subject to Executive
Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and,
     do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this final rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the Commonwealth, and EPA notes that it will not impose substantial
direct costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by November 18, 2013. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks,
Wilderness areas.

    Dated: August 27, 2013.
Susan Hedman,
Regional Administrator, Region 5.
    40 CFR Parts 52 and 81 are amended as follows:

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.

0
2. Section 52.1880 is amended by adding paragraphs (p)(5), (q)(5), (s),
and (t) to read as follows:

Sec.  52.1880  Control strategy: Particulate matter.

* * * * *
    (p) * * *
    (5) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
    (q) * * *
    (5) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Steubenville-Weirton area.
* * * * *
    (s) Approval--The 2006 24-hour PM2.5 maintenance plans
for the following areas have been approved:
    (1) The Ohio portion of the Steubenville-Weirton nonattainment area
(Jefferson County). The maintenance plan establishes a determination of
insignificance for both NOX and primary PM2.5 for
conformity purposes.
    (t) Approval--The 2006 24-hour PM2.5 comprehensive
emissions inventories for the following areas have been approved:
    (1) Ohio's 2005 and 2008 NOX, directly emitted
PM2.5, SO2, VOC, and ammonia emissions inventory
satisfies the emission inventory requirements of section 172(c)(3) for
the Steubenville-Weirton area.

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
3. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

0
4. Section 81.336 is amended by revising the entry for Steubenville-
Weirton, OH-WV in the tables entitled ``Ohio--PM2.5 (Annual
NAAQS)'' and ``Ohio--PM2.5 (24-Hour NAAQS)'' to read as
follows:

Sec.  81.336  Ohio.

* * * * *

                                                   Ohio--PM2.5
                                                 [Annual NAAQS]
----------------------------------------------------------------------------------------------------------------
                                                                         Designation \a\
                Designated area                 ----------------------------------------------------------------
                                                     Date \1\                           Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Steubenville-Weirton, OH-WV:
    Jefferson County...........................         9/18/2013  Attainment.

                                                 * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.

* * * * *

                                                                       Ohio--PM2.5
                                                                     [24-Hour NAAQS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Designation for the 1997 NAAQS \a\                      Designation for the 2006 NAAQS \a\
             Designated area              --------------------------------------------------------------------------------------------------------------
                                              Date \1\                          Type                          Date \2\                  Type
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
Steubenville-Weirton, OH-WV:
    Jefferson County.....................  ..............  Unclassifiable/Attainment.....................       9/18/2013  Attainment.

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is 90 days after January 5, 2005, unless otherwise noted.
\2\ This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * *
[FR Doc. 2013-22623 Filed 9-17-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 74, Number 110 (Wednesday, June 10, 2009)]
[Proposed Rules]
[Pages 27474-27476]
[FR Doc No: E9-13506]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0525; Directorate Identifier 2009-NM-027-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 440) Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above that would supersede an existing AD. This
proposed AD results from mandatory continuing airworthiness information
(MCAI) originated by an aviation authority of another country to
identify and correct an unsafe condition on an aviation product. The
MCAI describes the unsafe condition as:

    AD CF-2002-12 [which corresponds to FAA AD 2003-04-21, amendment
39-13070] mandated installation of revised overwing emergency exit
placards showing that the exit door should be opened and disposed
from a seated position. However, it was later discovered that the
new placards illustrated an incorrect hand position for removal of
the exit upper handle cover. These incorrect instructions could
cause difficulty or delay when opening the overwing emergency exit.

    As a result, the timely and safe evacuation of passenger and crew
may be impeded. The proposed AD would require actions that are intended
to address the unsafe condition described in the MCAI.

DATES: We must receive comments on this proposed AD by July 10, 2009.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier, Inc., 400 C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec
H4S 1Y9, Canada; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; e-mail
<EMAIL_ADDRESS>Internet http://www.bombardier.com. You
may review copies of the referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton,
Washington. For information on the availability of this material at the
FAA, call<PHONE_NUMBER> or<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Christopher Alfano, Aerospace
Engineer, Airframe and Mechanical Systems Branch, ANE-171, FAA, New
York Aircraft Certification Office, 1600 Stewart Avenue, Suite 410,
Westbury, New York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2009-0525;
Directorate Identifier 2009-NM-027-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    On February 19, 2003, we issued AD 2003-04-21, Amendment 39-13070
(68 FR 9509, February 28, 2003). A correction of that AD was published
in the Federal Register on March 25, 2003 (68 FR 14309). That AD
required actions intended to address an unsafe condition on the
products listed above.
    Since we issued AD 2003-04-21, it was discovered that the new
placards illustrated an incorrect hand position for removal of the exit
upper handle cover. Transport Canada Civil Aviation, which is the
aviation authority for Canada, has issued Canadian Airworthiness
Directive CF-2009-02, dated January 19, 2009 (referred to after this as
``the MCAI''), to correct an unsafe condition for the specified
products. The MCAI states:

    AD CF-2002-12 [which corresponds to FAA AD 2003-04-21] mandated
installation of revised overwing emergency exit placards showing
that the exit door should be opened and disposed from a seated
position. However, it was later discovered that the new placards
illustrated an incorrect hand position for removal of the exit upper
handle cover. These incorrect instructions could cause difficulty or
delay when opening the overwing emergency exit.

    As a result, the timely and safe evacuation of passenger and crew
may be impeded. The required actions include replacing the incorrect
placards with revised placards. You may obtain further information by
examining the MCAI in the AD docket.
    This NPRM adds certain airplanes to the applicability; we have
determined that these additional airplanes are affected by the
identified unsafe condition. These airplanes were added as they also
have the same interior configuration. This NPRM also removes certain
airplanes from the applicability; airplanes with serial numbers 7075,
7099, 7136, 7140, 7152, 7176, and 7351 have been removed because they
have different placards installed.

Relevant Service Information

    Bombardier has issued Service Bulletin 601R-11-088, Revision `A,'
dated March 24, 2009. The actions described in this service information
are intended to correct the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a note within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 664 products of U.S. registry.
    We estimate that it would take about 1 work-hour per product to
comply with the new basic requirements of this proposed AD. The average
labor rate is $80 per work-hour. Required parts would cost about $128
per product. Where the service information lists required parts costs
that are covered under warranty, we have assumed that there will be no
charge for these costs. As we do not control warranty coverage for
affected parties, some parties may incur costs higher than estimated
here. Based on these figures, we estimate the cost of the proposed AD
on U.S. operators to be $138,112, or $208 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed above, I certify this proposed
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-13070 (68 FR
9509, February 28, 2003), corrected at 68 FR 14309, March 25, 2003, and
adding the following new AD:

Bombardier, Inc. (Formerly Canadair): Docket No. FAA-2009-0525;
Directorate Identifier 2009-NM-027-AD.

Comments Due Date

    (a) We must receive comments by July 10, 2009.

Affected ADs

    (b) The proposed AD supersedes AD 2003-04-21 R1, Amendment 39-
13070.

Applicability

    (c) This AD applies to Bombardier Model CL-600-2B19 (Regional
Jet Series 100 & 400) airplanes, serial numbers 7003 through 7074
inclusive, 7076 through 7098 inclusive, 7100 through 7135 inclusive,
7137 through 7139 inclusive, 7141 through 7151 inclusive, 7153
through 7175 inclusive, 7177 through 7350 inclusive, 7352 through
7583 inclusive, 7585 through 7638 inclusive, 7640 through 7716
inclusive, 7718 through 7845 inclusive, 7847 through 8042 inclusive,
8044 through 8047 inclusive, 8050, 8058, 8059, 8061, 8062, and 8064;
certificated in any category.

Subject

    (d) Air Transport Association (ATA) of America Code 11: Placards
and markings.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:

AD CF-2002-12 [which corresponds to FAA AD 2003-04-21] mandated
installation of revised overwing emergency exit placards showing
that the exit door should be opened and disposed from a seated
position. However, it was later discovered that the new placards
illustrated an incorrect hand position for removal of the exit upper
handle cover. These incorrect instructions could cause difficulty or
delay when opening the overwing emergency exit.

    As a result, the timely and safe evacuation of passenger and
crew may be impeded. The required action includes replacing the
incorrect placards with revised placards.

Actions and Compliance

    (f) Unless already done, within 24 months after the effective
date of this AD, replace the existing overwing emergency exit
placards with new placards, in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin 601R-11-088, Revision
`A,' dated March 24, 2009.
    (g) Replacement of the overwing emergency exit placards with new
placards accomplished before the effective date of this AD in
accordance with Bombardier Service Bulletin 601R-11-088, dated June
25, 2008, is considered acceptable for compliance with the
corresponding action specified in this AD.

FAA AD Differences

    NOTE 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (h) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office, FAA, has the authority to
approve AMOCs for this AD, if requested using the procedures found
in 14 CFR 39.19. Send information to ATTN: Christopher Alfano,
Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE-171,
FAA, New York Aircraft Certification Office, 1600 Stewart Avenue,
Suite 410, Westbury, New York 11590; telephone<PHONE_NUMBER>; fax
(516) 794-5531. Before using any approved AMOC on any airplane to
which the AMOC applies, notify your principal maintenance inspector
(PMI) or principal avionics inspector (PAI), as appropriate, or
lacking a principal inspector, your local Flight Standards District
Office.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
    (3) Reporting Requirements: For any reporting requirement in
this AD, under the provisions of the Paperwork Reduction Act, the
Office of Management and Budget (OMB) has approved the information
collection requirements and has assigned OMB Control Number 2120-
0056.

Related Information

    (i) Refer to MCAI Canadian Airworthiness Directive CF-2009-02,
dated January 19, 2009; and Bombardier Service Bulletin 601R-11-088,
Revision `A,' dated March 24, 2009; for related information.

    Issued in Renton, Washington, on June 2, 2009.
Stephen P. Boyd,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E9-13506 Filed 6-9-09; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Page 18527]
[FR Doc No: 2021-07298]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9056-1]

Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General
Information<PHONE_NUMBER> or https://www.epa.gov/nepa.

Weekly receipt of Environmental Impact Statements (EIS)
Filed March 29, 2021 10 a.m. EST Through April 5, 2021 10 a.m. EST
Pursuant to 40 CFR 1506.9.

    Notice: Section 309(a) of the Clean Air Act requires that EPA make
public its comments on EISs issued by other Federal agencies. EPA's
comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-enepa-public/action/eis/search.

EIS No. 20210039, Final, USFS, AZ, Pinto Valley Mine, Review Period
Ends: 05/24/2021, Contact: Mindy Sue Vogel<PHONE_NUMBER>.
EIS No. 20210040, Final, FTA, TX, Dallas CBD Second Light Rail
Alignment (D2 Subway), Contact: Terence Plaskon<PHONE_NUMBER>.

    Under 23 U.S.C. 139(n)(2), FTA has issued a single document that
consists of a final environmental impact statement and record of
decision. Therefore, the 30-day wait/review period under NEPA does not
apply to this action.

    Dated: April 5, 2021.
Cindy S. Barger,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2021-07298 Filed 4-8-21; 8:45 am]
BILLING CODE 6560-50-P


<!DOCTYPE HTML PUBLIC "-//-//W3C//DTD HTML 3.2//EN">

<META name="generator" content="08416242">
<META name="creation-date" content="17/11/2008 11:39:26 ">
<TITLE>08416242</TITLE>


[Federal Register: February 27, 2008 (Volume 73, Number 39)]
[Rules and Regulations]
[Page 10381-10383]
[DOCID:fr27fe08-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2007-0076]
RIN 1625-AA08

Special Local Regulations for Marine Events; Severn River,
College Creek, Weems Creek and Carr Creek, Annapolis, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is suspending the special local regulations
for an event in our regulation for Severn River, College Creek, Weems
Creek and Carr Creek, Annapolis, Maryland and establishing a new
temporary date for that event. This rulemaking is intended to
accommodate a change in event date for the year 2008. The marine event
set out in this temporary rule includes the Safety at Sea Seminar
sponsored by the U.S. Naval Academy. This rule is intended to restrict
vessel traffic in portions of the Severn River during the period of
this marine event and is necessary to provide for the safety of life on
navigable waters during the event.

DATES: This rule is effective from March 21, 2008, through March 31,
2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2007-0076 and are available online
at www.regulations.gov. They are also

available for inspection or copying two locations: the Docket
Management Facility (M-30), U.S. Department of Transportation, West
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays, and Commander (dpi), Fifth Coast Guard
District, 431 Crawford Street, Portsmouth, Virginia 23704-5004, between
9 a.m. and 2 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Dennis Sens, Project Manager, Fifth Coast Guard District,
Prevention Division, at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM. Publishing an NPRM would be
impracticable and contrary to public interest since immediate action is
needed to minimize potential danger to the public during the event. The
danger posed by life raft demonstrations, pyrotechnics live-fire
exercise, and a helicopter rescue makes special local regulations
necessary to provide for the safety of event participants including
persons in the water and support craft, spectator craft and other
vessels transiting the event area. For the safety concerns noted, it is
in the public interest to have these regulations in effect during the
event. The Coast Guard will issue broadcast notice to mariners to
advise vessel operators of navigational restrictions. On scene Coast
Guard and local law enforcement vessels will also provide actual notice
to mariners.
    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.

Background and Purpose

    For 2008, we will suspend 33 CFR 100.518 and issue a temporary rule
to accommodate changes to the enforcement period for a U.S. Naval
Academy sponsored marine event. The date for the Safety at Sea marine
event will be March 29, 2008, the fifth Saturday in March, instead of
the fourth Saturday in March as currently stated in 33 CFR 100.518. The
event will be enforced from 11 a.m. to 2 p.m. and if the event's daily
activities should conclude prior to 2 p.m., enforcement of this
temporary regulation may be terminated for that day at the discretion
of the Patrol Commander.
    The U.S. Naval Academy who is the sponsor for this event intends to
hold it annually on the dates provided in 33 CFR 100.518, however, in
2008, this is not possible. To accommodate the availability of the
various marine event participants a new date was necessary to support
the conduct of the event.

Discussion of Rule

    The Coast Guard is suspending the regulations at 33 CFR 100.518 on
from March 21, 2008, until March 31, 2008, and establishing a temporary
paragraph 100.518(c)(1)(iv) that will be in effect during the time of
the suspension in its place. The suspension and creation of a new
temporary paragraph is necessary to reflect a new enforcement date.
This change is needed to control vessel traffic during the event to
enhance the safety of participants, spectators and transiting vessels.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation is unnecessary. The effect of
this rule merely amends the dates on which the existing regulations
would be enforced. It would not impose any additional restrictions on
vessel traffic. Additionally, Coast Guard Sector Baltimore Waterway
Branch will conduct outreach with local area maritime stakeholders to
apprise them of this change to help facilitate adjustment of their
waterway use plans accordingly.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities. This temporary rule would affect the following entities, some
of which might be small entities: The owners or operators of vessels
intending to transit or anchor in a portion of the Severn River during
the event.
    This temporary rule would not have a significant economic impact on
a substantial number of small entities for the following reasons. This
rule merely establishes the dates on which the existing regulations
would be enforced. It would not impose any additional restrictions on
vessel traffic.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of

$100,000,000 or more in any one year. Though this rule will not result
in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

Taking of Private Property

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

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(h), of the Instruction, from further
environmental documentation.
    Under figure 2-1, paragraph (34)(h), of the Instruction, an
``Environmental Analysis Check List'' and a ``Categorical Exclusion
Determination'' are not required for this rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

Words of Issuance and Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. From March 21, 2008 until March 31, 2008, suspend Sec.  100.518(c).

0
3. From March 21, 2008 until March 31, 2008, add temporary Sec.
100.518(d) to read as follows:
* * * * *
    (d) Enforcement period. (1) This section will be enforced from 5
a.m. to 6 p.m. on days when the following events are held:
    (i) Safety at Sea Seminar, March 29, 2008;
    (ii) Naval Academy Crew Races held on the last weekend in March and
every weekend in April and May;
    (iii) Blue Angels Air Show, held on the fourth Tuesday and
Wednesday in May.
    (2) Should the event's daily activities conclude prior to 6 p.m.,
enforcement of this section may be terminated for that day at the
discretion of the Coast Guard Patrol Commander.
    (3) The Commander, Fifth Coast Guard District will publish a notice
in the Fifth Coast Guard District Local Notice to Mariners announcing
the specific event dates and times. Notice will also be made via marine
Safety Radio Broadcast on VHF-FM marine band radio channel 22 (157.1
MHz).

    Dated: February 6, 2008.
Fred M. Rosa, Jr.,
Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District.
[FR Doc. E8-3718 Filed 2-26-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Pages 39107-39109]
[FR Doc No: 2015-16422]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0386; FRL-9929-23]

Registration Review; Draft Human Health and Ecological Risk
Assessments; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's draft human
health and ecological risk assessments for the registration reviews of
flufenacet, flurprimidol, propoxur, and sodium acifluorfen, and opens a
public comment period on these documents. In addition, this notice
announces both the opening of the registration review docket for
thidiazuron and the availability of the registration review draft human
health and ecological risk assessments for thidiazuron. The Agency is
opening a public comment period on both the Preliminary Work Plan and
the draft risk assessments for thidiazuron. Through this program, EPA
is ensuring that each pesticide's registration is based on current
scientific and other knowledge, including its effects on human health
and the environment.

DATES: Comments must be received on or before September 8, 2015.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number for the specific pesticide of interest provided in Table 1
of Unit III, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information
contact the Chemical Review Manager listed as the contact in Table 1 of
Unit III.
    For general questions on the registration review program, contact:
Richard Dumas, Pesticide Re-Evaluation Division (7508P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the Chemical Review Manager for the case in question, listed in
Table 1 of Unit III of this notice.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked

will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.
    3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the pesticides
discussed in this document, compared to the general population.

II. Authority

    Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, the pesticide can perform
its intended function without unreasonable adverse effects on human
health or the environment. As part of the registration review process,
the Agency has completed comprehensive draft human health and
ecological risk assessments, including, in some cases, a screening
level endangered species assessment, for all uses of these pesticides.
After reviewing comments received during the public comment period, EPA
may issue revised risk assessments, explain any changes to the draft
risk assessments, respond to comments, and request public input on risk
mitigation before completing proposed registration review decisions for
flufenacet, flurprimidol, propoxur, sodium acifluorfen, and
thidiazuron.
    EPA is conducting its registration review of the pesticide cases
listed in Table 1 of Unit III. of this notice pursuant to section 3(g)
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and
the Procedural Regulations for Registration Review at 40 CFR part 155,
subpart C. Section 3(g) of FIFRA provides, among other things, that the
registrations of pesticides are to be reviewed every 15 years. Under
FIFRA, a pesticide product may be registered or remain registered only
if it meets the statutory standard for registration given in FIFRA
section 3(c)(5) (7 U.S.C. 136a(c)(5)). When used in accordance with
widespread and commonly recognized practice, the pesticide product must
perform its intended function without unreasonable adverse effects on
the environment; that is, without any unreasonable risk to man or the
environment, or human dietary risks of concern from residues that
result from the use of a pesticide in or on food.

III. Registration Reviews

    As directed by FIFRA section 3(g), EPA is reviewing the pesticide
registrations for the pesticides listed in Table 1 of this Unit to
ensure that each pesticide on the list continues to satisfy the FIFRA
standard for registration--that is, that these pesticides can still be
used without unreasonable adverse effects on human health or the
environment.

 Table 1--Draft Risk Assessments Being Made Available for Public Comment
------------------------------------------------------------------------
                                                        Chemical review
  Registration review case name                           manager and
             and No.                 Docket ID No.          contact
                                                          information
------------------------------------------------------------------------
Flufenacet, 7245................  EPA-HQ-OPP-2010-08  Margaret Hathaway,
                                   63<EMAIL_ADDRESS>703-305-
                                                       5076.
Flurprimidol, 7000..............  EPA-HQ-OPP-2009-06  Kelly Ballard,
                                   30<EMAIL_ADDRESS>703-305-
                                                       8126.
Propoxur, 2555..................  EPA-HQ-OPP-2009-08  Brittany Pruitt,
                                   06<EMAIL_ADDRESS>703-347-
                                                       0289.
Sodium acifluorfen, 2605........  EPA-HQ-OPP-2010-01  Christina
                                   35.                 Scheltema,
<EMAIL_ADDRESS>703-
                                                       308-2201.
Thidiazuron, 4092...............  EPA-HQ-OPP-2015-03  Khue Nguyen,
                                   81<EMAIL_ADDRESS>703-347-0248.
------------------------------------------------------------------------

    Flufenacet. Draft Human Health and Ecological Risk Assessments
(EPA-HQ-OPP-2010-0863). Flufenacet is a pre-emergent, anilide herbicide
registered for use on wheat, perennial grasses grown for seed, corn for
silage, field and sweet corn, soybeans, and triticale. There are no
registered residential uses of flufenacet. EPA has completed draft
human health and ecological risk assessments, including a screening-
level listed species assessment, for all flufenacet uses. EPA
acknowledges that further refinements to the listed species assessment
will be completed in future revisions and requests public comment on
specific areas that will reduce the uncertainties associated with the
characterization of risk to listed species identified in the current
assessment.
    Flurprimidol. Draft Human Health and Ecological Risk Assessments
(EPA-HQ-OPP-2009-0630). Flurprimidol is a plant growth regulator
belonging to the pyrimidine class. It is registered for use on golf
courses and ornamental turf; for landscape/woody ornamental plants and
ornamental trees; and for ornamental plants grown in containers in
nurseries, greenhouses, and shadehouses. EPA conducted a comprehensive
human health risk assessment and did not identify any risks of concern
for dietary, residential, or occupational exposures. EPA also conducted
a screening level ecological risk assessment that addressed only the
tree injection use of flurprimidol. Potential risks to birds, mammals,
and plants were identified. All other uses of flurprimidol were
addressed in a 2010 ecological risk assessment, which is posted to the
registration review docket. An endangered species assessment has not
been completed for flurprimidol at this time.
    Propoxur. Draft Human Health and Ecological Risk Assessments (EPA-
HQ-OPP-2009-0806). Propoxur is a carbamate insecticide registered for
use by pest control operators to kill a variety of insects including
crickets, ants, cockroaches, and silverfish. It is registered for use
in and around residential, industrial, institutional, and commercial
facilities (including food handling establishments and food processing
plants). EPA has completed draft human health and ecological risk
assessments, including a screening-level listed species assessment for
all propoxur uses. EPA acknowledges that

further refinements to the listed species assessment will be completed
in future revisions and requests public comment on specific areas that
will reduce the uncertainties associated with the characterization of
risk to listed species identified in the current assessment.
    Sodium acifluorfen. Draft Human Health and Ecological Risk
Assessments (EPA-HQ-OPP-2010-0135). Sodium acifluorfen is a post-
emergent herbicide registered for use on peanuts, soybeans,
strawberries, and rice. EPA has completed draft human health and
ecological risk assessments for all sodium acifluorfen uses. There are
no anticipated human health risks of concern. The draft ecological risk
assessment indicates that there is direct risk of adverse effects to
non-target organisms, including fish, birds, and mammals, and species
for which these taxa serve as surrogates, and non-target terrestrial
plants. The assessment did not find risks of concern for aquatic
plants.
    Thidiazuron. Combined Docket Opening and Release of Draft Human
Health and Ecological Risk Assessments (EPA-HQ-OPP-2015-0381).
Thidiazuron is a plant growth regulator registered for use as a
defoliant on cotton. There are no non-agricultural uses of thidiazuron.
EPA has completed a combined problem formulation/preliminary ecological
risk assessment and combined scoping document/preliminary human health
risk assessment for thidiazuron. No human health risks of concern were
identified. The ecological risk assessment indicated potential risks of
concern to birds, terrestrial-phase amphibians, reptiles, and
terrestrial plants. The Agency did not complete an endangered species
risk assessment.
    Pursuant to 40 CFR 155.53(c), EPA is providing an opportunity,
through this notice of availability, for interested parties to provide
comments and input concerning the Agency's draft human health and
ecological risk assessments for these pesticides. Such comments could
address, among other things, the Agency's risk assessment methodologies
and assumptions, as applied to these draft risk assessments. The Agency
will consider all comments received during the public comment period
and make changes, as appropriate, to the draft human health and
ecological risk assessments. EPA may then issue revised risk
assessments, explain any changes to the draft risk assessments, and
respond to comments. In the Federal Register notice announcing the
availability of any such revised risk assessments for these pesticides,
if the revised risk assessments indicate risks of concern, the Agency
may provide a comment period for the public to submit suggestions for
mitigating the risks identified in the revised risk assessments before
developing a proposed registration review decision on the affected
pesticide.
    1. Other related information. Additional information on the
individual pesticides discussed in this notice is available through the
Pesticide Registration Review Status Web page, at http://www2.epa.gov/pesticide-reevaluation/individual-pesticides-registration-review.
Information on the Agency's registration review program and its
implementing regulation is available at http://www2.epa.gov/pesticide-reevaluation.
    2. Information submission requirements. Anyone may submit data or
information in response to this document. To be considered during a
pesticide's registration review, the submitted data or information must
meet the following requirements:
     To ensure that EPA will consider data or information
submitted, interested persons must submit the data or information
during the comment period. The Agency may, at its discretion, consider
data or information submitted at a later date.
     The data or information submitted must be presented in a
legible and useable form. For example, an English translation must
accompany any material that is not in English and a written transcript
must accompany any information submitted as an audiographic or
videographic record. Written material may be submitted in paper or
electronic form.
     Submitters must clearly identify the source of any
submitted data or information.
     Submitters may request the Agency to reconsider data or
information that the Agency rejected in a previous review. However,
submitters must explain why they believe the Agency should reconsider
the data or information in the pesticide's registration review.
    As provided in 40 CFR 155.58, the registration review docket for
each pesticide case will remain publicly accessible through the
duration of the registration review process; that is, until all actions
required in the final decision on the registration review case have
been completed.

    Authority: 7 U.S.C. 136 et seq.

    Dated: June 22, 2015.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2015-16422 Filed 7-7-15; 8:45 am]
 BILLING CODE 6560-50-P