[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17161-17163]
[FR Doc No: 2023-05282]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2021-0640; FRL-10117-02-R5]

Air Plan Approval; Indiana; Revisions to Particulate Matter
Rules; Vertellus

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a
revision to the Indiana particulate matter State Implementation Plan
(SIP) that Indiana submitted to EPA on September 16, 2021, for the
Vertellus Agriculture and Nutrition Specialties, LLC (Vertellus)
facility located in Indianapolis, Marion County. Indiana requested
revisions to incorporate site-specific updates to the particulate
matter emission limits for Vertellus. The updates reflect revised
emission rates for particulate matter resulting from process changes
related to control strategies for other pollutants. The SIP submission
request also removes requirements that applied to units no longer in
operation and updates language to reflect a switch from petroleum oil
to natural gas for certain units. These changes represent a decrease in
overall particulate matter emissions.

DATES: This final rule is effective on April 21, 2023.

ADDRESSES: EPA has established a docket for this action under Docket ID
EPA-R05-OAR-2021-0640. All documents in the docket are listed on the
www.regulations.gov website. Although listed in the index, 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
through www.regulations.gov or at the 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 and facility
closures due to COVID-19. We recommend that you telephone Alisa Liu,
Environmental Engineer, at<PHONE_NUMBER> before visiting the Region 5
office.

FOR FURTHER INFORMATION CONTACT: Alisa Liu, Environmental Engineer,
Control Strategies Section, Air Programs Branch (AR18J), Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago,
Illinois 60604,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

I. What is being addressed in this document?

    This rule takes final action on the September 16, 2021, request
from the Indiana Department of Environmental Management (IDEM) to
incorporate revisions to Indiana's particulate matter rules contained
in Indiana Administrative Code (IAC), Title 326, Article 6.5, Rule 6.
Marion County, ``Vertellus Agriculture & Nutrition Specialties LLC''
(326 IAC 6.5-6-31), which became effective on September 19, 2021.
(Indiana Rule LSA #19-82). As requested by Vertellus, IDEM's revisions
changed the particulate matter emission limits on several units where
Vertellus made process and fuel changes to comply with the revised
SO2 emission limits. Additionally, the revisions removed
limits and references to units at the facility that are no longer
operating or were demolished. The revisions at 326 IAC 6.5-6-31 also
updated existing language and added new language related to the types
of fuel burned in certain units. An explanation of the Clean Air Act
(CAA) requirements, a detailed analysis of the revisions, and EPA's
reasons for proposing approval were provided in the notice of proposed
rulemaking (NPRM), dated September 30, 2022 (87 FR 59370), and will not
be restated here.

II. What comments did we receive on the proposed rule?

    In the NPRM, EPA provided a 30-day review and comment period for
the proposed rule. The comment period ended on October 31, 2022. We
received comments from two individuals during the comment period. These
comments are in the rulemaking docket.

    Comments from one individual were supportive of EPA's action but
requested clarification. Those comments are summarized and addressed
below.
    Comment: The commenter requested clarification regarding the
reductions in allowable particulate matter emissions cited in the NPRM,
including the years referenced and whether the reductions were
voluntary or required.
    Response: As explained in the NPRM, the particulate matter limits
currently in the SIP were established as part of the attainment
demonstration for the Indianapolis, Indiana 2010 sulfur dioxide
(SO2) nonattainment area. IDEM's revisions changed the
particulate matter emission limits on several units where Vertellus
made process and fuel changes to comply with revised SO2
limits relied upon in the attainment demonstration. IDEM's January 4,
2022, technical support document (TSD) quantified reductions in
particulate matter emissions based on a comparison between the emission
rates in tons per year (tpy) allowed under 326 IAC 6.5-6-31 before and
after Indiana adopted the revisions, which became effective on
September 19, 2021. Under revised 326 IAC 6.5-6-31, the allowable
particulate matter emission rates for four units increased by a total
of 0.7 tpy, while the allowable particulate matter emission rates for
11 units decreased by a total of 14.8 tpy. Overall, the revisions
result in a decrease of allowable particulate matter emissions by 14.1
tpy.
    Comment: The commenter requested EPA identify the other five
sources of SO2 in Marion County besides Vertellus that were
included in the attainment demonstration and technical support document
of IDEM's attainment plan for the 2010 SO2 NAAQS, which was
submitted on October 2, 2015.\1\ The commenter asked how the total
emissions and emission limits of the other five sources compare to
those of Vertellus.
---------------------------------------------------------------------------

    \1\ August 2015, ``1-Hour Sulfur Dioxide Attainment
Demonstration and Technical Support Document for Central, West
Central, and Southwest Indiana Nonattainment Areas''. Prepared by
Indiana Department of Environmental Management, Office of Air
Quality. EPA-R05-OAR-2015-0700-0003.
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    Response: The six sources of SO2 included in the 2015
Marion County 2010 SO2 attainment demonstration and
technical support document were Belmont Advanced Wastewater Treatment
Plant (formerly Indianapolis Sludge Incinerator), Citizens Thermal
(formerly Indianapolis Power & Light Company (IPL) Perry K Steam
Plant), IPL--Harding Street Generating Station, Quemetco, Rolls Royce
Corporation (formerly Allison Gas Turbine Plant 5 and Plant 8), and
Vertellus (formerly Reilly Industries and Reilly Tar and Chemical).
    The particulate matter and SO2 limitations for the six
sources under 326 IAC 6.5-6 and 326 IAC 7-4.2.1, respectively, are
included in the SIP at 40 CFR 52.770(c). For Vertellus, the revised
particulate matter total allowable annual emissions and rates for
specified processes detailed in IDEM's January 4, 2022, TSD are 23.9
tpy and 0.011 to 0.150 lbs/million BTU (MMBtu). In comparison, the
particulate matter total allowable annual emissions and rates for the
other five sources are 144.1 tpy and 0.030 grains/dry standard cubic
foot (dscf) for Belmont Advanced Wastewater Treatment Plant, 484.4 tpy
and 0.015 to 0.175 lb/MMBtu for Citizens Thermal Perry K Steam Plant,
1,000.0 tpy and 0.015 to 0.135 lb/MMBtu for IPL--Harding Street
Generating Station, 5.8 tpy and 0.016 grains/dscf for Quemetco, and 130
tpy and 0.15 lbs/MMBtu for Rolls Royce Corporation.
    Comments from a second individual raised issues not addressed in
EPA's proposed rulemaking, and that are neither germane nor relevant to
this action. Moreover, none of the comments address a specific
regulation or provision in question or recommend a different action on
the SIP submission from what EPA proposed. Therefore, we are finalizing
our action as proposed.

III. What action is EPA taking?

    EPA is approving Indiana's September 16, 2021, request to revise
its particulate matter SIP because the revised rule at 326 IAC 6.5-6-31
applicable to Vertellus strengthens the SIP by reducing allowable
particulate matter emissions.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of the Indiana
Regulations described in section I of this preamble and set forth in
the amendments to 40 CFR part 52 below. EPA has made, and will continue
to make, these documents generally available through
www.regulations.gov and at the EPA Region 5 Office (please contact the
person identified in the FOR FURTHER INFORMATION CONTACT section of
this preamble for more information). Therefore, these materials have
been approved by EPA for inclusion in the SIP, have been incorporated
by reference by EPA into that plan, are fully federally enforceable
under sections 110 and 113 of the CAA as of the effective date of the
final rulemaking of EPA's approval, and will be incorporated by
reference in the next update to the SIP compilation.\2\
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    \2\ 62 FR 27968 (May 22, 1997).
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V. Statutory and Executive Order Reviews

    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 Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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); and
     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.
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal

governments or preempt tribal law as specified by Executive Order 13175
(65 FR 67249, November 9, 2000).
    Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
Feb. 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on minority populations and low-income
populations to the greatest extent practicable and permitted by law.
EPA defines environmental justice (EJ) as ``the fair treatment and
meaningful involvement of all people regardless of race, color,
national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and
policies.'' EPA further defines the term fair treatment to mean that
``no group of people should bear a disproportionate burden of
environmental harms and risks, including those resulting from the
negative environmental consequences of industrial, governmental, and
commercial operations or programs and policies.''
    IDEM did not evaluate environmental justice considerations as part
of its SIP submittal; the CAA and applicable implementing regulations
neither prohibit nor require such an evaluation. EPA did not perform an
EJ analysis and did not consider EJ in this action. Due to the nature
of the action being taken here, this action is expected to have a
neutral to positive impact on the air quality of the affected area.
Consideration of EJ is not required as part of this action, and there
is no information in the record inconsistent with the stated goal of
E.O. 12898 of achieving environmental justice for people of color, low-
income populations, and Indigenous peoples.
    This action is subject to the Congressional Review Act, and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. 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 May 22, 2023. 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 in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements, Sulfur oxides.

    Dated: March 9, 2023.
Debra Shore,
Regional Administrator, Region 5.

    For the reasons stated in the preamble, title 40 CFR part 52 is
amended as follows:

0
1. The authority citation for part 52 continues to read as follows:

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

0
2. In Sec.  52.770, the table in paragraph (c) is amended by revising
the entry ``6.5-6-31'' under ``Article 6.5. Particulate Matter
Limitations Except for Lake County'', ``Rule 6. Marion County'', to
read as follows:

Sec.  52.770   Identification of plan.

* * * * *
    (c) * * *

                                        EPA-Approved Indiana Regulations
----------------------------------------------------------------------------------------------------------------
                                                             Indiana
       Indiana citation                 Subject          effective date     EPA approval date          Notes
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                       Article 6.5. Particulate Matter Limitations Except for Lake County
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                              Rule 6. Marion County
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
6.5-6-31.....................  Vertellus Agriculture &        9/19/2021  3/22/2023, [INSERT
                                Nutrition Specialties                     FEDERAL REGISTER
                                LLC.                                      CITATION].

                                                  * * * * * * *
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* * * * *
[FR Doc. 2023-05282 Filed 3-21-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Notices]
[Page 67047]
[FR Doc No: 2016-23654]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

Sunshine Act Meetings; Unified Carrier Registration Plan Board of
Directors

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of Unified Carrier Registration Plan Board of Directors
meeting

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TIME AND DATE: The meeting will be held on October 13, 2016, from 12:00
Noon to 3:00 p.m., Eastern Daylight Time.

PLACE: This meeting will be open to the public via conference call. Any
interested person may call 1-877-422-1931, passcode<PHONE_NUMBER>, to
listen and participate in this meeting.

STATUS: Open to the public.

MATTERS TO BE CONSIDERED: The Unified Carrier Registration Plan Board
of Directors (the Board) will continue its work in developing and
implementing the Unified Carrier Registration Plan and Agreement and to
that end, may consider matters properly before the Board.

FOR FURTHER INFORMATION CONTACT: Mr. Avelino Gutierrez, Chair, Unified
Carrier Registration Board of Directors at<PHONE_NUMBER>.

    Issued on: September 23, 2016.
Larry W. Minor,
 Associate Administrator, Office of Policy, Federal Motor Carrier
Safety Administration.
[FR Doc. 2016-23654 Filed 9-27-16; 11:15 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8173-8175]
[FR Doc No: 2020-02773]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2019-0682]
RIN 1625-AA09

Drawbridge Operation Regulation; Northeast Cape Fear River,
Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is temporarily modifying the operating
schedule that governs the Isabel S. Holmes Bridge (US 74/SR 133),
across the Northeast Cape Fear River, at mile 1.0, at Wilmington, North
Carolina. This temporary modification will allow the drawbridge to be
maintained in the closed position and is necessary to accommodate
bridge maintenance.

DATES: This temporary final rule is effective without actual notice
from February 13, 2020 through 12:01 a.m. on June 30, 2021. For the
purposes of enforcement, actual notice will be used from 7 p.m. on
February 1, 2020 until February 13, 2020.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov. Type USCG-
2019-0682 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Mr. Michael Thorogood, Bridge Administration Branch Fifth
District, Coast Guard, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
SNPRM Supplemental notice of proposed rulemaking

Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 19, 2019, the Coast Guard published a notice for
proposed rulemaking entitled ``Drawbridge Operation Regulation;
Northeast Cape Fear River, Wilmington, NC'' in the Federal Register (84
FR 69685). The Coast Guard received one ``unrelated'' comment on this
rule.
    We are issuing this rule and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective in less than
30 days after publication in the Federal Register This rule will take
immediate effect. Good cause exists because work has been ongoing and
we have not received any negative feedback from the maritime.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
    The Isabel S. Holmes Bridge (US 74/SR 133), across the Northeast
Cape Fear River, at mile 1.0, at Wilmington, North Carolina, is a
double bascule span bridge, and has a vertical clearance of 40 feet
above mean high water in the closed position and unlimited vertical
clearance above mean high water in the open position. The current
operating schedule for the drawbridge is published in 33 CFR
117.829(a).
    The North Carolina Department of Transportation, who owns and
operates the Isabel S. Holmes Bridge (US 74/SR 133), across the
Northeast Cape Fear River, at mile 1.0, at Wilmington, North Carolina,
has requested this modification to allow the drawbridge to be
maintained in the closed-to-navigation position to facilitate bridge
maintenance of the drawbridge.
    This temporary final rule is necessary to facilitate safe and
effective bridge maintenance of the drawbridge, while providing for the
reasonable needs of navigation. A work platform will reduce the
vertical clearance of the entire bridge span to approximately 34 feet
above mean high water in the closed position. Vessels that can safely
transit through the bridge in the closed position, with the reduced
clearance may do so, if at least a thirty minute notice is given, to
allow for navigation safety. The bridge will not be able to open for
emergencies and there is no immediate alternative route for vessels
unable to pass through the bridge in the closed position.
    Under this temporary final rule, the drawbridge will be maintained
in the closed-to-navigation position twenty-four hours a day, seven
days a week from 7 p.m. on February 1, 2020 through 12:01 a.m. on June
30, 2021. The bridge will open on signal for daily scheduled openings
at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least a twenty-four hour
notice is given; except for bridge closures authorized in accordance
with 33 CFR 117.829 (a)(4). The draw will open on signal, if at least a
twenty-four hour notice is given, for vessels unable to transit through
the bridge during a scheduled opening, due to the vessel's draft;
except for bridge closures authorized in accordance with 117.829
(a)(4). At all other times the drawbridge will operate per 33 CFR
117.829(a).

IV. Discussion of Comments, Changes and the Temporary Final Rule

    The Coast Guard received one ``unrelated'' comment on this rule.
The one comment received did not influence any changes to the
regulatory text. Due to time restraints a change was made to the
regulatory text from the text noted in the NPRM, we had to amend the
start date of the closure period from ``January 1, 2020'' to ``February
1, 2020'' as the regulation was not published prior to January 1, 2020.
All other portions of the NPRM coincide with this current temporary
final rule.

V. 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 and Executive Orders, and we
discuss First Amendment rights of protesters.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, it has not been reviewed by the Office of
Management and Budget (OMB) and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the fact that
vessels can still transit the bridge on signal for daily scheduled
openings at 6 a.m., 10 a.m., 2 p.m., and 7 p.m., if at least a twenty-
four hour notice is given; except for bridge closures authorized in
accordance with 33 CFR 117.829(a)(4). The draw will open on signal, if
at least a twenty-four hour notice is given, for vessels unable to
transit through the bridge during a scheduled opening, due to the
vessel's draft; except for bridge closures authorized in accordance
with 33 CFR 117.829(a)(4). At all other times the drawbridge will
operate per 33 CFR 117.829(a).

B. 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 received no comments from the Small Business
Administration on this rule. 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. While some owners or operators of
vessels intending to transit the bridge may be small entities, for the
reasons stated in section V.A above, this rule will not have a
significant economic impact on any vessel owner or operator.
    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.

C. 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).

D. Federalism and Indian Tribal Government

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, U.S. Coast Guard Environmental Planning
Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental
Planning Implementation Procedures (series) which guide the Coast Guard
in complying with the National Environmental Policy Act of 1969 (NEPA)
(42 U.S.C. 4321-4370f). We have made a determination that this action
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule promulgates the operating regulations or procedures for
drawbridges. This action is categorically excluded from further review,
under paragraph L49, of Chapter 3, Table 3-1 of the U.S. Coast Guard
Environmental Planning Implementation Procedures.
    Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.

G. 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.

List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

0
1. The authority citation for part 117 continues to read as follows:

    Authority: 33 U.S.C. 499; 33 CFR 1.05-1; DHS Delegation No.
0170.1.

0
2. Amend Sec.  117.829 by adding paragraph (a)(5) to to read as
follows:

Sec.  117.829  Northeast Cape Fear River.

    (a) * * *
    (5) From 7 p.m. on February 1, 2020, through 12:01 a.m. on June 30,
2021, the draw will be maintained in the closed-to-navigation position.
The draw will open on signal, if at least a twenty-four hour notice is
given, for scheduled openings at 6 a.m., 10 a.m., 2 p.m. and 7 p.m.;
except for bridge closures authorized in accordance with (a)(4) of this
section. The draw will open on signal, if at least a twenty-four hour
notice is given, for vessels unable to transit through the bridge
during a scheduled opening, due to the vessel's draft; except for
bridge closures authorized in accordance with (a)(4) of this section.
* * * * *

    Dated: February 7, 2020.
Gregory G. Stump,
Captain, U.S. Coast Guard, Acting Commander, Fifth Coast Guard
District.
[FR Doc. 2020-02773 Filed 2-12-20; 8:45 am]
 BILLING CODE 9110-04-P