[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Rules and Regulations]
[Pages 34911-34915]
[FR Doc No: 2013-13717]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2012-0511; FRL-9822-6]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Low Emission Vehicle Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving State Implementation Plan (SIP) revisions
submitted by the State of Maryland on December 20, 2007, November 12,
2010, and June 22, 2011, as amended March

22, 2013. These SIP revisions pertain to adoption by Maryland of a Low
Emission Vehicle (LEV) program, which incorporates by reference
California's second generation Low Emission Vehicle (LEVII) program
regulations. Maryland's LEV regulations require new 2011 and subsequent
model year passenger cars, light trucks, and medium-duty vehicles
having a gross vehicle weight rating (GVWR) of 14,000 pounds or less
that are sold in Maryland to meet California emission standards. The
Clean Air Act (CAA) contains authority by which states other than
California may adopt new motor vehicle emissions standards that are
identical to California's standards. Maryland's supplemental SIP
revisions submitted on November 12, 2010 and June 22, 2011 modify its
program to harmonize with updates by California to its LEVII program
and Federal GHG standards effective on 2012-2016 model year vehicles.
The March 22, 2013 SIP amendment withdraws from the SIP revision
submittal the portion of Maryland's LEV program rule that incorporates
by reference a provision of California's rule regulating retrofit
systems for conversion of motor vehicles to use natural gas or
liquefied petroleum gas in lieu of the fuel on which they were
originally certified. EPA is approving all of Maryland's LEV Program
SIP revisions, except for the portion of Maryland's regulation
withdrawn by Maryland from the SIP on March 22, 2013, in accordance
with the requirements of the CAA.

DATES: This final rule is effective on July 11, 2013.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2012-0511. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (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 www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.

FOR FURTHER INFORMATION CONTACT: Brian Rehn,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On August 23, 2012 (77 FR 50969), EPA published in the Federal
Register a notice of proposed rulemaking (NPR) for the State of
Maryland proposing approval of three SIP revisions related to
Maryland's LEV program. The first of these Maryland SIP revisions was
submitted to EPA on December 20, 2007 (07-16) and included
Maryland's Low Emission Vehicle Program, as adopted by the state in
2007. On November 12, 2010, Maryland submitted a revision to the 2007
SIP submittal (10-08) to amend its Clean Car Program rules to
incorporate changes made by California to its LEV regulations since
Maryland's initial adoption of the program in 2007. On June 22, 2011,
Maryland submitted another SIP revision (11-05) consisting of
updates to Maryland's program regulations adopting additional changes
made by California to its own rules since Maryland's regulatory changes
made as part of the 2010 SIP submittal. On March 22, 2013, Maryland
submitted a letter to EPA formally withdrawing a portion of the SIP
revision submitted June 22, 2011. Specifically, Maryland requested
withdrawal of a section of its LEV program rule (COMAR
<IP_ADDRESS>B(17)), which incorporated by reference section 2030 of
Division 3, Chapter 1, Article 5 of Title 13 of the California Code of
Regulations for natural gas and liquefied petroleum gas retrofit
systems.

II. Summary of SIP Revision

    A detailed description of Maryland's and California's Low Emission
Vehicle program is provided in the NPR published in the Federal
Register on August 23, 2012 (77 FR 50969), and will not be repeated
here. However, a brief summary of Maryland's SIP revision is provided
below.

A. Maryland's Low Emission Vehicle Program

    Maryland adopted into law the Maryland Clean Cars Act of 2007, the
purpose of which was to implement California's LEV program in Maryland.
The purpose of doing so was to improve ambient air quality in Maryland.
This statute compelled the Maryland Department of Environment to adopt
a rule in November 2007, which established a new Maryland regulatory
chapter COMAR 26.11.34, entitled ``Low Emission Vehicle Program.''
    The regulation requires that 2011 and newer model year passenger
cars, light-duty trucks, and medium-duty vehicles (with a GVWR of
14,000 pounds or less that are sold in Maryland as new cars, or that
are transferred in Maryland) meet the applicable California LEVII
emissions standards. The objectives of the program are twofold. The
first is to reduce emissions of nitrogen oxide (NOX) and
volatile organic compound (VOC) emissions, which are ground-level ozone
precursor pollutants. The program relies on decreasing fleet average
emission standards, applicable to each vehicle manufacturer each year.
This program uses varying standards established by California, ranging
from LEV standards to zero emission vehicle (ZEV) standards, which are
the most stringent standards set. In between these fall: Ultra-Low
Emission Vehicles (ULEV), Super-Ultra Low Emission Vehicles (SULEV),
Partial Zero Emission Vehicles (PZEV), and Advanced Technology-Partial
Zero Emission Vehicles (AT-PZEV). Each manufacturer complies by selling
a mix of vehicles meeting any of these standards, as long as their
sales-weighted, overall average of the various standard sets meets the
overall fleet average and ZEV requirements. Maryland has adopted
California's second generation of LEV program rules, or LEV II, which
were approved by California on October 28, 1999, and became effective
in California on November 27, 1999. Maryland has not adopted or
submitted to EPA for SIP approval subsequently adopted California
rules, including California's LEV III program rules.
    The second objective of Maryland's LEV program is to reduce
greenhouse gas (GHG) emissions from subject new vehicles purchased for
use in Maryland. The GHG program also makes use of a fleet average
compliance method (similar in methodology to that of the non-methane
organic gas (NMOG) fleet average standard portion of the LEV program),
which serves as a means to reduce ground level ozone and air toxics
pollution. Overall compliance is demonstrated by showing that the
entire fleet of vehicles produced by each manufacturer (as distributed
within the allowable standard sets) meets the specified fleet average
NMOG and GHG standards.

B. Maryland's Clean Car Program SIP Revisions

    Maryland initially adopted regulations .01 to .14 under COMAR
26.11.34, which is a new chapter entitled ``Low Emission Vehicle
Program.'' Maryland formally submitted

a SIP revision for the Maryland Clean Car Program to EPA on December
20, 2007.
    Maryland subsequently amended regulation .02 (entitled
``Incorporation by Reference'') of COMAR 26.11.34 via a proposed state
action published in the Maryland Register on August 14, 2009, followed
by a final action published on November 6, 2009. Maryland submitted
this amendment to EPA as a SIP revision on November 12, 2010.
    Maryland once more amended regulation .02 (Incorporation by
Reference) of COMAR 26.11.34. Maryland submitted a SIP revision to EPA
on June 22, 2011 to amend the prior SIP revisions to reflect this most
recent state regulatory amendment to the Maryland LEV program rule. On
March 22, 2013, Secretary Summers of the Maryland Department of the
Environment submitted a letter to EPA's Regional Administrator Shawn
Garvin formally withdrawing a portion of the June 22, 2011 SIP
revision.
    The specific requirements and other details of Maryland's LEV
program SIP revisions and the rationale for EPA's proposed action are
explained in the NPR and will not be restated here. EPA received
adverse comments during the public comment period on our August 23,
2012 NPR. A summary of those comments and EPA's responses are provided
in Section III of this action.

III. Summary of Public Comments and EPA Responses

    Comment: The commenter challenges Maryland's authority to adopt, by
reference, California's motor vehicle regulations for alternative fuel
aftermarket systems, found in California's Code of Regulations (CCR),
at 13 CCR 2030. The commenter argues that the authority in section 177
of the CAA allowing other states to adopt California's standards (which
are waived from preemption under CAA section 209(b)) is limited to new
motor vehicles and motor vehicle engines, and that this authority does
not extend to adoption of California's regulations governing
aftermarket alternative fuel systems. Further, the commenter argues
that CAA section 209(c) preempts states other than California from
adopting aftermarket parts regulations when EPA has acted on its
authority to regulate such parts under Federal law. The commenter
argues that the portion of California's regulation (13 CCR 2030) which
Maryland has incorporated by reference has not been updated in many
years and is functionally outdated and conflicts in some aspects with
more recent Federal rules on the subject.
    Response: On March 22, 2013, Maryland officially withdrew the
portion of Maryland's LEV Program SIP Revision 11-05 which
this commenter is addressing. Specifically, Maryland requested
withdrawal of COMAR <IP_ADDRESS>B(17), which served to adopt by
reference Sec.  2030 of Division 3, Chapter 1, Article 5 of Title 13 of
the CCR. EPA is taking final rulemaking action on the remaining
portions of the Maryland SIP submittals from December 20, 2007,
November 12, 2010, and June 22, 2011. Because Maryland has withdrawn
this portion of the SIP and because EPA is not taking any final
rulemaking action on COMAR <IP_ADDRESS>B(17), the commenter's arguments
related to CAA sections 177 and 209 are not relevant to this final
action.
    Comment: Several commenters generally supported efforts to reduce
greenhouse gas emissions from new light to medium duty vehicles, per
Maryland's LEV program. One commenter expressed disappointment that
Federal law under the CAA limits states choices to adoption of either
California new vehicle standards or Federal standards, rather than
allowing states to adopt their own more stringent standards. The
commenter argues that the current pace in limiting GHG emissions is
insufficient to limit climate change or to ameliorate damage already
done.
    Response: EPA appreciates the commenters' support for clean vehicle
programs and the commensurate GHG benefits resulting from adoption of a
LEV program. With respect to states' authority to adopt their own
standards different from Federal new vehicle standards or those of
California, Congress explicitly limited this authority with the
prohibition language of section 209 of the CAA. That section states
that ``no State or political subdivision thereof shall adopt or attempt
to enforce any standard relating to the control of emissions from new
motor vehicles or motor vehicle engines subject to this part.'' That
same section of the CAA allows the Administrator to waive that
prohibition for California, which had already adopted standards to
control new motor vehicle emissions prior to March 30, 1966. Further,
section 177 of the CAA allows any state with an approved SIP plan to
adopt and enforce standards for new motor vehicles or motor vehicle
engines that are identical to California standards for which a waiver
has been granted, if specified lead time requirements are met. Congress
was explicit in the relevant CAA authority of their intent to grant
states the option to adopt either California or Federal vehicle
emission standards--and also to prohibit states from independently
adopting or enforcing any third set of vehicle standards.

IV. Final Action

    EPA is approving three SIP revisions submitted by Maryland with
respect to Maryland's adoption of a Low Emission Vehicle Program into
the Maryland SIP. These SIP revisions were submitted on December 20,
2007; November 12, 2010; and June 22, 2011. EPA is excluding from final
approval COMAR <IP_ADDRESS>B(17), as Maryland formally requested
withdrawal of that regulatory provision in a letter to EPA dated March
22, 2013.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA 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 that reason, this action:
     Is 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);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is 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.);
     does 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);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is 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
     does 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 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 state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    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).

C. Petitions for Judicial Review

    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 August 12, 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 to approve the Maryland Low Emission Vehicle Program
into the Maryland SIP may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: May 28, 2013.
W.C. Early,
Acting Regional Administrator, Region III.

    40 CFR part 52 is 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.

Subpart V--Maryland

0
2. In Sec.  52.1070, the table in paragraph (c) is amended by adding
entries in numerical order for COMAR 26.11.34 to read as follows:

Sec.  52.1070  Identification of plan.

* * * * *
    (c) * * *

                 EPA-Approved Regulations, Technical Memoranda, and Statutes in the Maryland SIP
----------------------------------------------------------------------------------------------------------------
      Code of Maryland                                  State                             Additional explanation/
 administrative regulations       Title/subject       effective      EPA approval date       citation at 40 CFR
      (COMAR) citation                                   date                                     52.1100
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
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                                     26.11.34 Low Emissions Vehicle Program
----------------------------------------------------------------------------------------------------------------
<IP_ADDRESS>................  Purpose...............     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
<IP_ADDRESS> (except          Incorporation by            5/16/11  6/11/13; [Insert page   ......................
 .02B(17)).                   Reference.                11/16/09   number where the
                                                        12/17/07   document begins].
<IP_ADDRESS>................  Applicability and          12/17/07  6/11/13; [Insert page   ......................
                              Exemptions.                          number where the
                                                                   document begins].
<IP_ADDRESS>................  Definitions...........     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
<IP_ADDRESS>................  Emissions Requirements     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
<IP_ADDRESS>................  Fleet Average NMOG         12/17/07  6/11/13; [Insert page   ......................
                              Requirements.                        number where the
                                                                   document begins].
<IP_ADDRESS>................  Initial NMOG Credit        12/17/07  6/11/13; [Insert page   ......................
                              Account Balances.                    number where the
                                                                   document begins].
<IP_ADDRESS>................  Fleet Average              12/17/07  6/11/13; [Insert page   ......................
                              Greenhouse Gas                       number where the
                              Requirements.                        document begins].
<IP_ADDRESS>................  Zero Emission Vehicle      12/17/07  6/11/13; [Insert page   ......................
                              (ZEV) Requirements.                  number where the
                                                                   document begins].
<IP_ADDRESS>................  Initial ZEV Credit         12/17/07  6/11/13; [Insert page   ......................
                              Account Balances.                    number where the
                                                                   document begins].
<IP_ADDRESS>................  Vehicle Testing.......     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
<IP_ADDRESS>................  Warranty..............     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].
<IP_ADDRESS>................  Manufacturer               12/17/07  6/11/13; [Insert page   ......................
                              Compliance                           number where the
                              Demonstration.                       document begins].

<IP_ADDRESS>................  Enforcement...........     12/17/07  6/11/13; [Insert page   ......................
                                                                   number where the
                                                                   document begins].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2013-13717 Filed 6-10-13; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 201 (Thursday, October 17, 2013)]
[Rules and Regulations]
[Pages 62329-62331]
[FR Doc No: 2013-24473]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 78, No. 201 / Thursday, October 17, 2013 /
Rules and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[USCG-2013-0753]
RIN 1625-AA08

Special Local Regulation; Tennessee River, Miles 255.0 to 256.5,
Florence, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for the waters of the Tennessee River beginning at mile
marker 255.0 and ending at mile marker 256.5, extending bank to bank.
This zone is necessary to protect participants of the Shoals Dragonboat
Race. Entry into this area is prohibited unless specifically authorized
by the Captain of the Port (COTP) Ohio Valley or designated
representative.

DATES: This rule is effective and enforceable from 8:00 a.m. to 5:00
p.m. October 19, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2013-0753]. To view documents mentioned in this preamble as being
available in the docket, go to http://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
temporary rule, call Petty Officer James Alter, Marine Safety
Detachment Nashville, at<PHONE_NUMBER> or email at
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

BNM Broadcast Notices to Mariners
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and 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)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule. The Coast Guard received notice on
August 5, 2013 that the Shoals Dragonboat Race is planned to take place
on October 19, 2013 on the Tennessee River between miles 255.0 to
256.5. Publishing a NPRM for this regulation is contrary to the public
interest. A special local regulation is necessary to protect the
participants and control vessel traffic during this rowing event on the
Tennessee River, and publishing an NPRM would unnecessarily delay the
regulation's effective date. Further, the Coast Guard will provide
notice of this regulation to the public through broadcast advisories,
as well as the presence of on-scene Coast Guard personnel to patrol the
regulated area.
    For the same reasons, 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. Providing a full 30
days notice and delaying the effective date for this special local
regulation is contrary to the public interest because immediate action
is necessary to protect event participants from the possible marine
hazards present during this rowing event.

B. Basis and Purpose

    The Shoals Dragonboat Race takes place on the Tennessee River from
mile markers 255.0 to 256.5, and will feature approximately 900
participants. This crowding of the waterway presents safety hazards to
the participants, as well as to spectators and other vessels in the
area. The Coast Guard therefore determined that a temporary special
local regulation is needed to protect the safety of these waterway
users. The legal basis and authorities for this rulemaking establishing
a special local regulation are found in 33 U.S.C. 1233, which authorize
the Coast Guard to establish and define special local regulations.

C. Discussion of the Final Rule

    The COTP Ohio Valley is establishing a special local regulation for
the waters of the Tennessee River, beginning at mile marker 255.0 and
ending at 256.5, during the Shoals Dragonboat Race. During this event,
vessels shall not enter into, depart from, or move within the area of
this special local regulation without permission from the COTP Ohio
Valley or his authorized representative. Persons or vessels requiring
entry into or passage through the special local regulation must request
permission from the COTP Ohio Valley, or a designated representative.
They may be contacted on VHF-FM Channel 13 or 16, or through Coast
Guard Sector Ohio Valley at 1-800-253-7465. This rule is effective from
8:00 a.m. to 5:00 p.m. October 19, 2013. The COTP Ohio Valley will
inform the public through broadcast notices to mariners of the
enforcement period for the special local regulation as well as any
changes in the planned schedule.

D. Regulatory Analyses

    We developed this 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 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 that Order.
    This special local regulation restricts transit on the Tennessee
River from mile marker 255.0 through 256.5 and covers a period of nine
hours, from 8:00 a.m. to 5:00 p.m. on October 19, 2013. Due to its
short duration and limited scope, it does not pose a significant
regulatory impact. Broadcast Notices to Mariners (BNM) will also inform
the community of this special local regulation so that they may plan
accordingly for this short restriction on transit. Vessel traffic may
request permission from the COTP Ohio Valley or a designated
representative to enter the restricted area.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
mile marker 255.0 to 256.5 on the Tennessee River, from 8:00 a.m. to
5:00 p.m. on October 19, 2013. The special local regulation will not
have a significant economic impact on a substantial number of small
entities because this rule will be in effect for a short period of
time. BNMs will also inform the community of this special local
regulation so that they may plan accordingly for this short restriction
on transit. Vessel traffic may request permission from the COTP Ohio
Valley or a designated representative to enter the restricted area.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT,
above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 establishing a temporary special local regulation to
protect the participants in the Shoals Dragonboat Race on the Tennessee
River from mile markers 255.0 to 256.5 for a nine hour period on one
day. This rule is categorically excluded, under figure 2-1, paragraph

(34)(h), of the Instruction. An environmental analysis was performed
during the marine event permit process for the rowing event and a
checklist and a categorical exclusion determination are not required
for this special local regulation.

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 U.S. 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. A new temporary Sec.  100.T08-0753 is added to read as follows:

Sec.  100.T08-0753  Special Local Regulation; Tennessee River, Miles
255.0 to 256.5, Florence, AL.

    (a) Location. The following area is a special local regulation: All
waters of the Tennessee River, beginning at mile marker 255.0 and
ending at mile marker 256.5.
    (b) Effective date. This section is effective and enforceable from
8:00 a.m. to 5:00 p.m. on October 19, 2013.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  100.35 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port Ohio Valley or a designated
representative.
    (2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U.S. Coast Guard Sector Ohio Valley may
be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated U.S. Coast Guard
patrol personnel. On-scene U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.
    (d) Informational broadcasts. The Captain of the Port Ohio Valley
or a designated representative will inform the public through broadcast
notice to mariners when the special local regulation has been
established and if there are changes to the enforcement period for this
special local regulation.

    Dated: September 20, 2013.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2013-24473 Filed 10-16-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46216-46217]
[DOCID:fr08se09-84]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2009-0775]

Towing Safety Advisory Committee; Meetings

AGENCY: Coast Guard, DHS.

ACTION: Notice of meetings.

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

SUMMARY: The Towing Safety Advisory Committee (TSAC) and its working
groups on the Revision of Navigation and Vessel Inspection Circular
(NVIC) 04-01, and on the Inspection of Towing Vessels will meet in
Martinsburg, WV. The Committee will also discuss various issues
relating to shallow-draft inland and coastal waterway navigation and
towing safety. All meetings will be open to the public.

DATES: The working groups will meet on Thursday, September 24, 2009,
from 8 a.m. to 5 p.m. The full TSAC Committee will meet on, Friday,
September 25, 2009, from 8 a.m. to 3 p.m. These meetings may close
early if all business is finished. Written material and requests to
make oral presentations at the meetings should reach the Coast Guard on
or before September 15, 2009. Requests to have a copy of your material
distributed to each member of the Committee or working groups should
reach the Coast Guard electronically on or before September 15, 2009.

ADDRESSES: The working groups and TSAC will meet at the Coast Guard
National Maritime Center; 100 Forbes Drive; Martinsburg, WV 25404;
Phone:<PHONE_NUMBER>. The nearest large commercial airport is Dulles
International Airport (IAD) which is in northern VA, just west of
Washington, DC. Travel into WV to the NMC will be via automobile.
Information on and

directions to the NMC are on its web site at http://www.uscg.mil/nmc.
    Send written material and requests to make oral presentations to
TSAC's Assistant Designated Federal Officer (ADFO) in the FOR FURTHER
INFORMATION CONTACT section below. This notice is available on the
Internet at http://www.regulations.gov under the docket number USCG-
2009-0775.

FOR FURTHER INFORMATION CONTACT: Mr. Gerald P. Miante, ADFO, TSAC; U.S.
Coast Guard Headquarters, CG-5221,; 2100 Second Street, SW., STOP
7126., Washington, DC 20593-7126. Telephone<PHONE_NUMBER>, fax (202)
372-1926, or e-mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Notice of these meetings is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463).

Agenda of Meetings

    NVIC 04-01 Working Group. The agenda for the working group is to
discuss possible revisions to NVIC 04-01, Licensing and Manning for
Officers of Towing Vessels, including the enclosures on the Towing
Officer Assessment Records (TOARs). (A copy of the amended Task
Statement 08-01 is available in the docket where listed under
ADDRESSES.) The current version of the NVIC can be viewed at http://
www.uscg.mil/hq/g-m/nvic/index00.htm#2001.
    A Sub-Working Group will also meet to discuss licensing issues
relevant to Assistance Towing and other specialty towing concerns.
    Towing Vessel Inspection Working Group. The group will meet to
discuss and decide on a methodology the Committee will use to review
and comment on the Towing Vessel Inspection Notice of Proposed
Rulemaking when it publishes in the Federal Register.
    Towing Safety Advisory Committee. The tentative agenda for the
Committee is as follows:
    (1) Update of the Towing Vessel Inspection Working Group;
    (2) Update on Commercial/Recreational Boating Interface;
    (3) Report on the Review and Recommendations for the Revision of
NVIC 04-01 ``Licensing and Manning for Officers of Towing Vessels;''
    (4) Report on the Review and Recommendations for the Revision of
NVIC 04-01 Sub-Working Group on Assistance Towing;
    (5) Update on National Maritime Center (NMC) activities;
    (6) Update on the Towing Vessel Bridging Program; and
    (7) Update on the Towing Vessel Center of Expertise.

Procedural

    All meetings are open to the public. Please note that the meetings
may close early if all business is finished. At the Chair's discretion,
members of the public may make oral presentations during the meetings.
If you would like to make an oral presentation at a meeting, please
notify the ADFO no later than September 15, 2009. Written material (20
copies) for distribution at a meeting should reach the Coast Guard no
later than September 15, 2009. If you would like a copy of your
material distributed to each member of the Committee or Working Groups
in advance of a meeting, please submit it electronically to the ADFO,
for e-mail distribution, no later than September 15, 2009. Also at the
Chair's discretion, members of the public may present comment at the
end of the Public Meeting. Please understand that the Committee's
schedule may be quite demanding and time for public comment may be
limited.

Information on Services for Individuals With Disabilities

    For information on facilities or services for individuals with
disabilities or to request special assistance at the meetings, contact
the ADFO as soon as possible.

    Dated: September 2, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards.
[FR Doc. E9-21566 Filed 9-4-09; 8:45 am]

BILLING CODE 4910-15-P