[Federal Register: July 28, 2008 (Volume 73, Number 145)]
[Rules and Regulations]
[Page 43621-43624]
[DOCID:fr28jy08-4]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0742]
RIN 1625-AA00

Safety Zone; 70th Anniversary Celebration for the Thousand Island
International Bridge, St. Lawrence River, Alexandria Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
St. Lawrence River, Alexandria Bay, NY. This zone is intended to
restrict vessels from a portion of the St. Lawrence River during the
August 16, 2008, 70th Anniversary Celebration for the Thousand Island
International Bridge. This temporary safety zone is necessary to
protect spectators and vessels from the hazards associated with
fireworks displays.

DATES: This rule is effective from 9 p.m. to 10 p.m. on August 16,
2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0742 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at 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, at the U.S. Coast Guard Sector Buffalo, 1
Fuhrmann Boulevard, Buffalo, NY 14203 between 9:30 a.m. and 2 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact Commander Joseph Boudrow, U.S. Coast Guard
Sector Buffalo, at<PHONE_NUMBER>. If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date.
    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. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life and property.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Based on accidents that have occurred in other Captain of the
Port zones, and the explosive hazards of fireworks, the Captain of the
Port Buffalo has determined that fireworks launches proximate to
watercraft pose a significant risk to public safety and property. The
likely combination of large numbers of recreation vessels, congested
waterways, darkness punctuated by bright flashes of light, alcohol use,
and debris falling into the water could easily result in serious
injuries or fatalities. Establishing a safety zone to control vessel
movement around the location of the launch platform will help ensure
the safety of persons and property at these events and help minimize
the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading and launching of a
fireworks display in conjunction with the 70th Anniversary Celebration
for the Thousand Island International Bridge fireworks display. The
fireworks display will occur between 9 p.m. and 10 p.m. on August 16,
2008.
    The safety zone for the fireworks will encompass all waters of the
St. Lawrence River on Heart Island at Boldt Castle, Alexandria Bay, NY,
in a 700 foot radius of position 44[deg]20'40'' N, 075[deg]55'17'' W
(DATUM: NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the on-scene representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Buffalo or his on-scene
representative. The Captain of the Port or his on-scene representative
may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    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.
    This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zones'
activation.

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 rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the St. Lawrence River in Alexandria
Bay, NY, between 9 p.m. and 10 p.m. on August 16, 2008.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will be in effect for only one hour for one event. Vessel traffic
can safely pass outside the safety zone during the event. In the event
that this temporary safety zone affects shipping, commercial vessels
may request permission from the Captain of the Port Buffalo to transit
through the safety zone. The Coast Guard will give notice to the public
via a Broadcast to Mariners that the regulation is in effect.

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 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 would not result in such 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 concern an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these regulations and fishing rights
protection need not be incompatible. We have also determined that 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. Nevertheless, Indian Tribes
that have questions concerning the provisions of this Rule or options
for compliance are encouraged to contact the point of contact listed
under FOR FURTHER INFORMATION CONTACT.

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 procedure; and related management
system 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
and Department of Homeland Security Management Directive 5100.1, 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,
under the Instruction, 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)(g), of the Instruction, from further
environmental documentation. This event establishes a safety zone
therefore paragraph (34)(g) of the Instruction applies.
    A final Environmental Analysis Check List and Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. A new temporary Sec.  165.T09-0742 is added as follows:

Sec.  165.T09-0742  Safety zone; 70th Anniversary Celebration for the
Thousand Island International Bridge, St. Lawrence River, Alexandria
Bay, NY.

    (a) Location. All waters of the St. Lawrence River on Heart Island
at Boldt Castle, Alexandria Bay, NY, in a 700 foot radius of position
44[deg]20'40'' N, 075[deg]55'17'' W (DATUM: NAD 83).
    (b) Effective period. This zone will be enforced from 9 p.m. to 10
p.m. on August 16, 2008.
    (c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port Buffalo, or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his on-scene
representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
or his on-scene representative may be contacted via VHF Channel 16.
Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo or his on-scene representative.

    Dated: July 17, 2008.
Robert S. Burchell,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
 [FR Doc. E8-17186 Filed 7-25-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 88, Number 56 (Thursday, March 23, 2023)]
[Rules and Regulations]
[Pages 17376-17379]
[FR Doc No: 2023-05820]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R05-OAR-2022-0976; FRL-10788-03-R5]

Air Plan Approval; Michigan; Interim Final Determination To Stay
and Defer Sanctions in the Detroit Sulfur Dioxide Nonattainment Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule.

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SUMMARY: In the Proposed Rules section of this Federal Register, EPA is
proposing conditional approval of Michigan's State Implementation Plan
(SIP), as revised on December 20, 2022, for attaining the 2010 1-hour
primary sulfur dioxide (SO2) national ambient air quality
standard (NAAQS). Based on that proposed conditional approval, EPA is
making an interim final determination (IFD) by this action. Although
this action is effective upon publication, EPA will take comment on
this interim final determination.

DATES: This interim final determination is effective on March 23, 2023.
However, comments will be accepted until April 24, 2023.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
OAR-2022-0976 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit

https://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Abigail Teener, Environmental
Engineer, Attainment Planning and Maintenance Section, Air Programs
Branch (AR 18J), Environmental Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois 60604,<PHONE_NUMBER>,
[email protected]. The EPA Region 5 office 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.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 19, 2021, EPA partially approved and partially disapproved
Michigan's SO2 plan for the Detroit area as submitted in
2016 (86 FR 14827). EPA approved the base-year emissions inventory and
affirmed that the new source review (NSR) requirements for the area had
previously been met on December 16, 2013 (78 FR 76064). EPA also
approved the enforceable control measures for two facilities as SIP
strengthening. EPA disapproved the attainment demonstration, as well as
the requirements for meeting reasonable further progress (RFP) toward
attainment of the NAAQS, reasonably available control measures and
reasonably available control technology (RACM/RACT), and contingency
measures. Additionally, EPA disapproved the plan's control measures for
two facilities as not demonstrating attainment. EPA's March 19, 2021,
rulemaking triggered the sanctions clock as outlined in section 179 of
the Clean Air Act (CAA) and 40 CFR 52.31(d). The two-to-one new source
offset sanction took effect on October 19, 2022 (18 months following
the effective date of March 19, 2021 rulemaking that triggered the
sanctions clock), and the highway funding sanction was scheduled to
take effect on April 19, 2023 (6 months after the date of the offset
sanctions), in the Detroit nonattainment area as the result of the
March 19, 2021, partial disapproval.
    On October 12, 2022, EPA promulgated a Federal Implementation Plan
(FIP) for the Detroit SO2 nonattainment area (87 FR 61514),
which satisfied EPA's duty to promulgate a FIP for the area under CAA
section 110(c) that resulted from the previous finding of failure to
submit. However, it did not affect the sanctions clock started under
CAA section 179 resulting from EPA's partial disapproval of the prior
SIP, which would be permanently stopped only by meeting the conditions
of EPA's regulations at 40 CFR 52.31(d)(5). On December 20, 2022,
Michigan submitted a revised attainment plan for the Detroit
SO2 nonattainment area mirroring EPA's FIP in order to
remedy Michigan's 2016 plan deficiencies, as specified in EPA's March
19, 2021 rulemaking. Michigan's December 20, 2022, plan depends, in
part, on permits that have not yet been issued but will include
SO2 limits and associated requirements for the U.S. Steel
and Dearborn Industrial Generation (DIG) facilities that are no less
stringent than those set forth in EPA's FIP for the Detroit
nonattainment area.
    Under section 110(k)(4) of the CAA, EPA may conditionally approve a
plan based on a commitment from the State to adopt specific enforceable
measures within one year from the date of approval, accompanied by a
schedule for adoption of those measures. EPA's October 28, 1992,
memorandum, entitled ``State Implementation Plan (SIP) Actions
Submitted in Response to Clean Air Act (Act) Deadlines,'' states that
such commitments should include a formal request that EPA approve the
commitment, be subject to public hearing pursuant of 40 CFR 51.102, and
include a schedule for the adoption of the required measures.
Therefore, Michigan included in its December 20, 2022, submittal, which
was subject to public hearing, a request that EPA conditionally approve
its revised plan for the Detroit area, conditional upon the issuance
and submission for incorporation into the SIP of the NSR permits for
the U.S. Steel and DIG facilities, as well as a commitment to submit
the permits to EPA within one year of a conditional approval. On
February 21, 2023, Michigan submitted a letter clarifying the schedule
for the conditional approval, including Michigan's commitment to submit
the necessary permits by April 30, 2024, and the schedule Michigan
expects to follow to meet that commitment. Michigan's expected schedule
includes ensuring all necessary permit applications are submitted by
March 31, 2023, beginning the 240-day permit review process by April 1,
2023, issuing permits by December 1, 2023, and submitting permits to
EPA by December 31, 2023. Michigan's expected date of submittal
provides some additional time to accommodate unexpected delays to
ensure the State is able to meet its commitment to submit the permits
by April 30, 2024, and EPA finds that Michigan's schedule is
reasonable.
    In the Proposed Rules section of this Federal Register, EPA has
proposed to conditionally approve Michigan's December 20, 2022, plan,
pending the timely submittal of the specified permits by April 30,
2024. Regardless, the limits and associated requirements needed to
provide for attainment of the SO2 NAAQS in the Detroit area
are federally enforceable via EPA's FIP, codified at 40 CFR 52.1189.

II. What action is EPA taking?

    Under 40 CFR 52.31(d)(2)(ii), if the State has submitted a revised
plan to correct the deficiency, and EPA proposes to conditionally
approve the plan and issues an IFD that the revised plan corrects the
deficiency, application of the new source offset sanction shall be
stayed and application of the highway sanction shall be deferred. In
the Detroit area, the offset sanction was imposed on October 19, 2022,
and the highway sanction, if not deferred, would be imposed on April
19, 2022.
    Based on the proposed conditional approval of Michigan's
SO2 plan for the Detroit nonattainment area set forth in
this Federal Register, EPA believes that it is more likely than not
that Michigan has met the requirement to submit a plan that provides
for attainment of the 1-hour SO2 NAAQS for the Detroit
SO2 nonattainment area under sections 110, 172, 191, and 192
of the CAA. Therefore, EPA is making this IFD finding that the State
has corrected the deficiency of failing to submit a plan that provides
for attainment of the SO2 NAAQS in the Detroit nonattainment
area, contingent on the adoption and timely submittal of permits
containing SO2 limits and associated requirements for the
U.S. Steel and DIG units in the area that are no less stringent than
those limits and requirements set forth in EPA's FIP for the Detroit
area, codified at 40 CFR 52.1189. These limits and requirements will
remain federally enforceable via EPA's FIP, codified at 40 CFR 52.1189,
unless EPA fully approves Michigan's plan and incorporates the
appropriate permits into Michigan's SIP and takes further action to
rescind the FIP.
    EPA also believes that this approach is consistent with the
requirements of section 553 of the Administrative Procedure Act (APA)
(5 U.S.C. 553(b)(3)).\1\ Generally, under the APA, agency rulemaking
affecting the rights of individuals must comply with certain minimum
procedural requirements, including publishing a notice of proposed
rulemaking in the Federal

Register and providing an opportunity for the public to submit written
comments on the proposal, before the rulemaking can have final effect.
EPA will not be providing an opportunity for public comment before
those deferrals or stays are effective. Consequently, EPA's approach
may appear to conflict with the requirements of the APA. However, EPA
will provide an opportunity to comment on the proposed conditional
approval that was the basis for the interim final determination and
will provide an opportunity, after the fact, for the public to comment
on the interim final determination. Thus, an opportunity for comment
will be provided before any sanctions clock is permanently stopped or
any already applied sanctions are permanently lifted. In the context of
the conditional approval, and with respect to the interim final rule,
the public would have an opportunity to comment on the appropriateness
of EPA's interim determination that the State had corrected the
deficiency and on whether the State should remain subject to sanctions,
even though the deferral or stay is already effective.
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    \1\ See also further analyses described in EPA's August 4, 1994
rulemaking on the Selection of Sequence of Mandatory Sanctions(59 FR
39832, 39849-53), available at https://archives.federalregister.gov/issue_slice/1994/8/4/39826-39866.pdf#page=7.
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    The basis for allowing such an interim final action stems from
section 553(b)(B) of the APA which provides that the notice and
opportunity for comment requirements do not apply when the Agency finds
that those procedures are ``impracticable, unnecessary, or contrary to
the public interest.'' In the case of sanctions, EPA believes it would
be both impracticable and contrary to the public interest to have to
propose and provide an opportunity to comment before any relief is
provided from the effect of sanctions. EPA believes it would be unfair
to the State and its citizens, and thus not in the public interest, for
sanctions to remain in effect following the proposed conditional
approval, since EPA has completed a thorough evaluation of the State's
SIP revision and publicly stated its belief that the submittal is
approvable, conditional upon the submittal of the appropriate permits,
and that the State has corrected the deficiency, but due to the State
permitting procedural requirements the State has not yet been able to
adopt the necessary permits. While EPA cannot incorporate permits
containing emission limits and associated requirements for the U.S.
Steel and DIG limits into Michigan's SIP at this time, these limits and
associated requirements were previously established in EPA's FIP and
will continue to remain federally enforceable as part of the regulatory
text of EPA's FIP, codified at 40 CFR 52.1189. EPA believes sanctions
coming into effect following the proposed conditional approval would
unnecessarily risk potential dislocation in government programs and the
marketplace. EPA also believes that the risk of an inappropriate
deferral or stay would be comparatively small, given the limited scope
and duration deferrals and stays would have and given the rule's
mechanism for making sanctions effective upon reversal of its initial
determination that the State had corrected the deficiency.
Consequently, EPA believes that the ``good cause'' exception under the
APA allows the Agency to dispense with notice and comment procedures
before deferrals and stays of sanctions become effective.
    In accordance with 5 U.S.C. 553(d) of the APA, EPA finds there is
good cause for this action to become effective immediately upon
publication. The immediate effective date for this action is authorized
under both 5 U.S.C. 553(d)(1).
    Section 553(d)(1) of the APA provides that final rules shall not
become effective until 30 days after publication in the Federal
Register ``except . . . a substantive rule which grants or recognizes
an exemption or relieves a restriction.'' The purpose of this provision
is to ``give affected parties a reasonable time to adjust their
behavior before the final rule takes effect.'' Omnipoint Corp. v. Fed.
Commc'n Comm'n, 78 F.3d 620, 630 (D.C. Cir. 1996); see also United
States v. Gavrilovic, 551 F.2d 1099, 1104 (8th Cir. 1977) (quoting
legislative history). However, when the agency grants or recognizes an
exemption or relieves a restriction, affected parties do not need a
reasonable time to adjust because the effect is not adverse. Because
this rule relieves a restriction, EPA finds good cause under 5 U.S.C.
553(d)(1) for this action to become effective on the date of
publication of this action.
    Under 40 CFR 52.31(d)(2)(ii), if the State does not meet its
commitment and the plan is disapproved, the new source offset sanction
shall reapply and the highway sanction shall apply on the date of
proposed or final disapproval.

III. Statutory and Executive Order Reviews

    This action stays and defers Federal sanctions and imposes no
additional requirements.
    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is
therefore not subject to review under Executive Orders 12866 and 13563
(76 FR 3821, January 21, 2011).
    This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
    This action 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.).
    This action 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).
    This action does not have federalism implications. It will not have
substantial direct effects 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, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
    This rule does not have tribal implications, as specified in
Executive Order 13175 because it will not have substantial direct
effects on tribal governments. Thus, Executive Order 13175 does not
apply to this rule.
    This action is not subject to Executive Order 13045, ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it is not an economically significant
regulatory action.
    This action is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001), because it is not a
significant regulatory action under Executive Order 12866.
    This rulemaking does not involve technical standards. Therefore,
the EPA is not considering the use of any voluntary consensus
standards.
    EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
    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. However, section 808 provides
that any rule for which the issuing agency for good cause finds that
notice and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest, shall take effect at such time as the
agency promulgating the rule determines. 5 U.S.C. 808(2). EPA has made
such a good cause finding, including the reasons thereof, and
established an

effective date of March 23, 2023. 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 rule 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, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: March 16, 2023.
Debra Shore,
Regional Administrator, Region 5.
[FR Doc. 2023-05820 Filed 3-22-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Rules and Regulations]
[Pages 22376-22378]
[FR Doc No: 2019-10186]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R10-OAR-2018-0801; FRL-9993-75-Region 10]

Air Plan Approval; OR; 2015 Ozone NAAQS Interstate Transport
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Clean Air Act (CAA) requires each State Implementation
Plan (SIP) to contain adequate provisions prohibiting emissions that
will have certain adverse air quality effects in other states. On
September 25, 2018, the State of Oregon made a submission to the
Environmental Protection Agency (EPA) to address these requirements for
the 2015 ozone National Ambient Air Quality Standards (NAAQS). The EPA
is approving the submission as meeting the requirement that each SIP
contain adequate provisions to prohibit emissions that will
significantly contribute to nonattainment or interfere with maintenance
of the 2015 ozone NAAQS in any other state.

DATES: This action is effective on June 17, 2019.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2018-0801. All documents in the docket are
listed on the https://www.regulations.gov website. 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, is not placed on the
internet and will be publicly available only in hard copy form.
Publicly available docket materials are available through https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Claudia Vaupel,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background Information

    On March 5, 2019, the EPA proposed to approve Oregon's September
25, 2018 submittal as meeting the interstate transport requirements of
CAA section 110(a)(2)(D)(i)(I) for the 2015 ozone NAAQS (84 FR 7854).
An explanation of

the CAA requirements, a detailed analysis of the submittal, and the
EPA's reasons for approval were provided in the notice of proposed
rulemaking and will not be restated here. The public comment period for
this proposed rule ended on April 4, 2019. The EPA did not receive
comments on the proposal.

II. Final Action

    The EPA is approving Oregon's September 25, 2018 submittal as
meeting the CAA section 110(a)(2)(D)(i)(I) interstate transport
requirements for the 2015 ozone NAAQS.

III. Statutory and Executive Orders Review

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Clean Air Act
and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     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 Clean Air Act; and
     Does not provide the 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).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where the 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 it 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).
    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. The 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 Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by July 16, 2019. 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, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: April 22, 2019.
Chris Hladick,
Regional Administrator, Region 10.

    For the reasons set forth in the preamble, 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 MM--Oregon

0
2. In Sec.  52.1970, paragraph (e), table 5, is amended under the
heading ``110(a)(2) Infrastructure and Intersate Transport'' by adding
an entry for ``2015 Ozone NAAQS Interstate Transport'' immediately
after the entry for ``Interstate Transport for the 2012
PM2.5 NAAQS'' to read as follows:

Sec.  52.1970  Identification of plan.

* * * * *
    (e) * * *

         Table 5--State of Oregon Air Quality Control Program Approved But Not Incorporated by Reference
----------------------------------------------------------------------------------------------------------------
                                   Applicable geographic       State
      Name of SIP provision        or nonattainment area  submittal date   EPA approval date     Explanations
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *

----------------------------------------------------------------------------------------------------------------
                                110(a)(2) Infrastructure and Interstate Transport
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
2015 Ozone NAAQS Interstate       Statewide.............       9/25/2018  5/17/2019, [Insert  This action
 Transport.                                                                Federal Register    addresses CAA
                                                                           citation].          110(a)(2)(D)(i)(I
                                                                                ).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2019-10186 Filed 5-16-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: June 27, 2008 (Volume 73, Number 125)]
[Rules and Regulations]
[Page 36408-36409]
[DOCID:fr27jn08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-0163; Airspace Docket No. 08-AGL-2]

Amendment of Class E Airspace; Indianapolis, IN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: This action confirms the effective date of a direct final rule
that establishes additional Class E airspace at Indianapolis, IN,
published in the Federal Register April 2, 2008 (73 FR 17887) Docket
No. FAA-2008-0163. This action also makes a minor correction to the
geographic coordinates of Hendricks County Gordon Graham Field.

DATES: Effective Date: 0901 UTC June 27, 2008. The Director of the
Federal Register approves this incorporation by reference action under
Title 1, Code of Federal Regulations, part 51, subject to the annual
revision of FAA Order 7400.9 and publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Gary Mallett, NISC Contractor,
Operations Support Group, ATO Central Service Center, Federal Aviation
Administration, Southwest Region, 2601 Meacham Blvd, Fort Worth, TX
76193-0530; at telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

History

    The FAA published a direct final rule with request for comments in
the Federal Register April 2, 2008, (73 FR 17887), Docket No. FAA-2008-
0163, that establishes additional Class E airspace at Indianapolis, IN.
The FAA uses the direct final rule procedure for non-controversial
rules where the FAA believes that there will be no adverse public
comment. This direct final rule advised the public that no adverse
comments were anticipated, and that unless a written adverse comment,
or a written notice of intent to submit an adverse comment, was
received within the comment period, the regulation would become
effective on June 5, 2008. No adverse comments were received; thus,
this notice confirms that the direct final rule will become effective
on this date. Also an error was found in the geographic coordinates of
Hendricks County Gordon Graham Field. This action corrects that error.
    The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9R,
Airspace Designations and Reporting Points, signed August 15, 2007, and
effective September 15, 2007, is hereby amended as follows:

Correction

    In the Federal Register dated April 2, 2008, (73 FR 14887), Federal
Register Docket No. FAA-2008-0163, on page 17888, column 2, line 47,
replace the coordinates for Hendricks County-

Gordon Graham Field as follows: (Lat. 39[deg]44'48'' N, Long.
86[deg]28'31'' W).
* * * * *

    Issued in Fort Worth, TX on June 17, 2008.
Donald R. Smith,
Manager, Operations Support Group, ATO Central Service Center.
 [FR Doc. E8-14381 Filed 6-26-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 56 (Friday, March 24, 2017)]
[Proposed Rules]
[Pages 15014-15019]
[FR Doc No: 2017-05748]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100, 110 and 165

[Docket Number USCG-2016-0949]
RIN 1625-AA08, AA01, AA87

Special Local Regulation, Temporary Anchorages and Safety Zones:
Sail Boston 2017; Port of Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to adopt a temporary special local
regulation, multiple safety zones, and temporary spectator anchorages
before, during, and after Sail Boston 2017 in the Port of Boston,
Massachusetts, to be held between June 16, 2017 and June 22, 2017.
These regulations are necessary to promote the safe navigation of
vessels and the safety of life and property during this event. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before April 24, 2017. The Coast Guard anticipates that
this proposed rule will be effective from 12:00 a.m. on June 16, 2017
until 7:00 p.m. on June 22, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0949 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mark Cutter, Sector Boston Waterways
Management Division, U.S. 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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Sail Boston, Inc. is sponsoring Sail Boston 2017, which has been
designated a Marine Event of National Significance by the U.S. Coast
Guard. Scheduled events will occur between June 16, 2017 and June 22,
2017 in the Port of Boston. Scheduled events will consist of Tall Ships
in a parade of sail into Boston Harbor on June 17, 2017, public tours
of U.S. Navy vessels and Tall Ships, and a U.S. Navy Blue Angels aerial
demonstration. Tall ships will depart Boston on June 22, 2017 for the
restart of the Rendez-Vous 2017 Tall Ships Regatta.
    The purpose of this rulemaking is to ensure the safety of vessels
and spectators in the vicinity of the Port of Boston, before, during,
and after the scheduled events. The Coast Guard estimates 1,000
spectator craft will attend Sail Boston 2017 events. The proposed
regulations would create temporary spectator anchorage regulations,
vessel movement control measures, a safety zone around each Tall Ship
while anchored, transiting, and moored, and a safety zone for the
restart of the Rendez-Vous 2017 Tall Ships Regatta. The proposed
regulations would be in effect at various times in the Port of Boston
between June 16, 2017 and June 22, 2017. Vessel congestion, due to the
anticipated large number of participating and spectator vessels, poses
a significant threat to the safety of life.
    This rule provides for the safety of life on navigable waters and
to protect the participating Tall Ships, private vessels, spectators,
and the Port of Boston during these events.
    The Coast Guard proposes this rulemaking under authorities in 33
U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR 100.35, 33 U.S.C. 471; 33
U.S.C. 1221 through 1236, 2030, 2035, 2071; 49 CFR 1.46 and 33 CFR
1.05-1(g), 33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33
CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5.

III. Discussion of Proposed Rule

    Sail Boston, Inc is planning to host the Tall Ships involved in the
Rendez-Vous 2017 Tall Ships Regatta in the Port of Boston. The Port of
Boston will be the only U.S. Port that the Rendez-Vous 2017 Tall Ships
Regatta will visit. The event will commence with a parade of sail into
Boston Harbor on June 17, 2017, with the participating Tall Ships
mooring in various berths throughout the Port of Boston until their
departure on June 22, 2017. Upon their departure on June 22, 2017, the
Tall Ships will transit to a position approximately 5 nautical miles
east of Rockport, MA for the restart of the Rendez-Vous 2017 Tall Ships
Regatta.
    At the time of this notice, Sail Boston 2017 events are expected to
include the following:
    1. June 16 and June 17: 100-yard safety zone surrounding each
participating Tall Ship while anchored in Broad Sound;
    2. June 17: 1000-yard safety zone ahead and astern and 100-yards on
each side of participating Tall Ships during the Parade of Sail;
    3. June 16 and June 17: Temporary spectator anchorages in effect
for viewing the Parade of Tall Ships occurring on June 17, 2017;
    4. June 17 through June 22: U.S. Navy Vessels and multiple Tall
Ships moored in various locations throughout the Port of Boston;

    5. June 17: U.S. Navy Blue Angels aerial demonstration;
    6. June 17 through June 22: 25-yard safety zone around all moored
Tall Ships involved in the event;
    7. June 17 through June 22: Public tours of U.S. Navy vessels and
Tall Ships;
    8. June 17 through June 22: Vessel movement control measures in
effect;
    9. June 22: Safety zone established approximately 5-nautical miles
east of Rockport, MA for the restart of the Rendez-Vous 2017 Tall Ships
Regatta.

Temporary Spectator Anchorages

    The Coast Guard proposes to add temporary section 110.T01-0949 to
establish thirteen temporary spectator anchorages for spectator craft
for the arrival of the participating Tall Ships on June 16, 2017 and
the Sail Boston 2017 Parade of Tall Ships on June 17, 2017. This
proposal also includes the temporary suspension of 33 CFR 110.138, the
Boston Harbor, Massachusetts anchorage ground, during the periods the
new spectator anchorages and regulations are temporarily established.
    The proposed anchorage regulations would temporarily establish
spectator anchorages for recreational, special use, fishing, and
commercial vessels during the Sail Boston 2017 Parade of Tall Ships.
    The Coast Guard proposes to establish these temporary spectator
anchorages in the vicinity of Boston North Channel, Long Island, Deer
Island, President Roads, and Boston Inner Harbor. The applicable dates
and times for the proposed temporary spectator anchorages are from 8:00
a.m. on June 16 through 4:00 p.m. on June 17, 2017.
    On June 17, 2017, following the Parade of Sail, vessel operators
may depart from their respective anchorages in sequence with the
movement and mooring of the final flotilla of tall ships. After the
final flotilla of tall ships has passed Castle Island, vessel operators
anchored in spectator anchorages east of Castle Island may depart for
locations outside of Boston Harbor. After the final flotilla of tall
ships has safely moored, vessel operators may depart from the remaining
established spectator anchorages. Vessels transiting through Boston
Harbor must proceed as directed by the Captain of the Port (COTP),
Sector Boston or the COTP's representative on scene.

Special Local Regulations

    In 1992, 2000, 2009, and 2012, similar events, including Sail
Boston 1992, 2000, 2009, and War of 1812 in 2012, drew several hundred
thousand spectators by land, as well as water, to Boston Harbor.
    Recognizing the significant amount of recreational boating traffic
this event is expected to draw, the Coast Guard proposes to establish a
special local regulation that would create vessel movement control
measures in Boston Harbor that will be in effect during the entirety of
the Sail Boston 2017 event. This section would be designated as section
100.T01-0949.
    This proposed special local regulation is needed to control vessel
movement in order to facilitate timely law enforcement support vessels
access to Maritime and transportation facilities. Additionally, the
regulated areas will protect the maritime public and participating
vessels from possible hazards to navigation associated with dense
vessel traffic.
    The proposed local regulation for vessel movement control
establishes a counter-clockwise traffic pattern around Boston Inner
Harbor to ensure spectator vessels are following an organized route,
facilitating the smooth flow of boating traffic, thereby minimizing
disruption on the waterway. A Coast Guard Patrol Commander (PATCOM)
will be on-scene controlling the flow of traffic.
    The waterway between the World Trade Center Pier and the Fish Pier
does not constitute an area large enough for unhindered navigation. Due
to the navigation restrictions in this waterway, when vessels over 125
feet enter this area, on-scene patrol personnel will halt the flow of
vessel traffic and allow no other vessel to enter the channel until the
larger vessel is clear of the narrow channel.
    Due to concerns of tenants at the World Trade Center Pier and the
Fish Pier, waterside viewing hours for Tall Ships berthed at these
facilities will be limited to times specified in the regulatory text,
outside of which only vessels which are tenants within the channels of
the World Trade Center Pier and the Fish Pier will be authorized
access.

Safety Zones

    The Coast Guard is proposing to establish safety zones in section
165.T01-0949. On June 16, 2017, tall ships participating in the parade
of sail will rally in Broad Sound. The Coast Guard is proposing to
establish a 100-yard safety zone surrounding participating Tall Ships
while they are anchored in Broad Sound. The regulation would be
enforced from June 16 to June 17.
    The Coast Guard is proposing to establish 1000-yard safety zones
ahead and astern and 100-yards on each side of participating Tall
Ships, during their transit from their anchorages in Broad Sound to the
start of the parade of sail and during the parade of sail into Boston
Harbor. This would be enforced on June 17, 2017.
    The Coast Guard is proposing to establish 25-yard safety zones
surrounding participating Tall Ships while moored. The proposed
regulations would be in effect on June 16, 2017.
    These restrictions are expected to minimize the risks associated
with the large number of recreational vessels anticipated to be
operating within the confines of Boston Inner Harbor during the event.
The high density of spectators, in conjunction with the daily
commercial deep draft vessel traffic, poses a significant threat to the
safety of life and property.
    Additionally, The Coast Guard is proposing to establish a 3000-yard
by 2000-yard safety zone approximately 5 nautical miles east of
Rockport, MA for the restart of the Rendez-Vous 2017 Tall Ships
Regatta. This proposed regulation would be in enforced on June 22, 2017
from 4:00 p.m. until 8:00 p.m. Though we do not anticipate many
spectator vessels for the restart of the regatta, this safety zone is
necessary to minimize the risks associated with multiple tall ships
maneuvering and preparing for the restart of the Rendez-Vous 2017 Tall
Ships Regatta in a confined area.

IV. 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 and Executive orders and
we discuss First Amendment Rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') 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 (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be

identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it. As this rule is not a significant regulatory action,
this rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of
the Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    We expect the adverse economic impact of this proposed rule to be
minimal. Although this regulation may have some adverse impact on the
public, the potential impact will be minimized for the following
reasons:
    Although this regulation imposes temporary spectator anchorages,
traffic control measures, and safety zones in portions of Boston Harbor
during the events, the effect of this regulation will not be
significant for the following reasons: Vessels needing to depart the
temporary spectator anchorages may do so with permission from the
COTP's designated on-scene representative and vessels will have
sufficient transit room around the outer edge of the designated
anchorages. The traffic control measures are confined to areas of
minimal distance, they follow the natural flow of Boston Harbor
traffic, they are in compliance with the navigational rules of the
road, and crossovers have been established for vessels wanting to
change direction. The 25-yard safety zone around participating Tall
Ships while moored will have no impact to vessel movement in Boston
Harbor and will only be in place during the 5 days of Sail Boston
activities. Sail Boston, Inc. over the past 6 months has held multiple
public meetings discussing Sail Boston 2017 events and during each
meeting, these proposals have been discussed. An extensive advance
notice will be made to mariners via appropriate means, which may
include broadcast notice to mariners, local notice to mariners,
facsimile, marine safety information bulletin, local Port Operators
Group meetings, Harbor Safety Committee meetings, the Internet, USCG
Sector Boston Homeport Web page, handouts, and local newspapers and
media. The advance notice will permit mariners to adjust their plans
accordingly. Similar restrictions were established for other Sail
Boston events in 1992, 2000, 2009, and War of 1812 in 2012. Based upon
the Coast Guard's experiences from those previous events of similar
magnitude, these proposed regulations have been narrowly tailored to
impose the least impact on maritime interests while providing the
necessary level of safety.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit
Boston Harbor may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    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.
    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 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
Section. 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.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    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
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT Section.

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

F. 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 (42 U.S.C. 4321-4370f), and have made
a preliminary 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 proposed rule involves suspending
permanent anchorages, proposing temporary spectator anchorages,
establishing temporary safety zones, and traffic control measures to
facilitate the safety of all vessels participating, watching the Parade
of Tall Ships and the viewing of the moored Tall Ships during the Sail
Boston 2017 event. Such actions are categorically excluded from further
review under paragraphs 34(4), (g), and (h) of Figure 2-1 of Commandant
Instruction M16475.lD. A preliminary

environmental analysis checklist and Categorical Exclusion
Determination are available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT Section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects

 33 CFR Part 100

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

33 CFR Part 110

    Anchorages Grounds.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR parts 100, 110, and 165 as follows:

PART 100--REGATTAS AND MARINE PARADES

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

    Authority:  33 U.S.C. 1233 through 1236; 49 CFR 1.46; 33 CFR
100.35.

0
2. Add Sec.  100.T01-0949 to read as follows:

Sec.  100.T01-0949  Special Local Regulation: Sail Boston 2017; Port of
Boston, MA

    (a) Location: This special local regulation establishes a regulated
area to include all waters west of a line drawn from the monument at
Castle Island in approximate position 42[deg]20'21'' N., 71[deg]00'37''
W., to the Logan Airport Security Zone Buoy ``24'' in approximate
position 42[deg]20'45'' N., 71[deg]00'29'' W., and then to land in
approximate position 42[deg]20'48'' N., 71[deg]00'27'' W., including
the Reserved Channel to the Summer Street retractile bridge in
approximate position 42[deg]20'34'' N., 71[deg]02'11'' W., the Charles
River to the Gridley Locks at the Charles River Dam in approximate
position 42[deg]22'07'' N., 71[deg]03'40'' W., the Mystic River at the
Alford Street Bridge in approximate position 42[deg]23'22'' N.,
71[deg]04'16'' W., and the Chelsea River to the McArdle Bridge in
approximate position 42[deg]23'09'' N., 71[deg]02'21'' W.
    (b) Special Local Regulations. (1) During the effective period,
vessel operators transiting through the regulated area shall proceed in
a counterclockwise direction at no wake speeds not to exceed five
knots, unless otherwise authorized by the Captain of the Port.
    (2) Vessel operators shall comply with the directions and orders of
the COTP or the COTP's representative, upon being hailed by siren,
radio, flashing lights, or other means. The COTP's representative may
be any Coast Guard commissioned, warrant, or petty officer or any
Federal, state, or local law enforcement officer who has been
designated by the COTP to act on the COTP's behalf. The COTP's
representative may be on a Coast Guard vessel, a Coast Guard Auxiliary
vessel, a federal, state or local law enforcement or safety vessel, or
a location on shore.
    (3) From 4:00 p.m. on June 17, 2017 through 8:00 a.m. on June 22,
2017, vessel control measures will be implemented. The traffic pattern
will be in a counterclockwise rotation, such that all vessels shall
stay generally as far to the starboard side of the channel as is safe
and practicable.
    (4) To facilitate commercial ferry traffic with minimal disruption,
commercial ferries within the regulated area, moving between stops on
their normal routes, will be exempt from the mandatory counterclockwise
traffic pattern. This exemption does not give ferries navigational
precedence or in any way alter their responsibilities under the Rules
of the Road or any other pertinent regulations.
    (5) Vessel operators transiting the waterway between the World
Trade Center and Fish Pier must enter and keep to the starboard side of
the channel, proceeding as directed by the on-scene COTP's
representative. Vessel traffic shall move in a counterclockwise
direction around a turning point as marked by an appropriate on-scene
COTP's representative.
    (6) Vessel operators transiting this area must maintain at least a
twenty five (25) yard safe distance from all participating Sail Boston
Tall Ships and must make way for all deep draft vessel traffic underway
in the area.
    (7) When a vessel greater than 125 feet enters the waterway between
the World Trade Center and the Fish Pier, no other vessel will be
allowed to enter until the larger vessel departs that area, unless
authorized by the on-scene COTP's representative.
    (8) From 10:00 p.m. through 8:00 a.m. daily, while the regulated
area is in effect, only vessels which are tenants within the channels
of the World Trade Center and the Fish Pier will be authorized access.
    (9) The COTP may control the movement of all vessels operating on
the navigable waters of Boston Harbor when the COTP has determined that
such orders are justified in the interest of safety by reason of
weather, visibility, sea conditions, temporary port congestion, or
other temporary hazards circumstance.
    (10) To obtain permissions required by this regulation, individuals
may reach the COTP or a COTP representative via VHF channel 16 or

617-223-5757 (Sector Boston Command Center).
    (11) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) Enforcement Period. This regulation is will be enforced from
4:00 p.m. on June 17, 2017 through 8:00 a.m. on June 22, 2017.

PART 110--ANCHORAGES GROUND

0
3. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 471; 33 U.S.C. 1221 through 1236, 2030,
2035, 2071; 49 CFR 1.46 and 33 CFR 1.05-1(g).

Sec.  110.138   [Suspended]

0
4. From 8:00 a.m. on June 16 through 4:00 p.m. on June 17, 2017,
suspend Sec.  110.138.
0
5. Add Sec.  110.T01-0949 to read as follows:

Sec.  110.T01-0949   Temporary Anchorages: Sail Boston 2017; Port of
Boston, MA.

    (a) Anchorages. All anchorages in this paragraph are applicable as
specified. Vessel operators using the anchorages in this paragraph must
comply with the general operational requirements specified in paragraph
(b) and (c) of this section. All coordinates are NAD 1983.
    (1) Anchorage 1. (i). All waters bounded by the following
coordinates: 42[deg]22'06'' N./071[deg]02'43'' W., 42[deg]22'11'' N./
071[deg]02'39'' W., 42[deg]22'07'' N./071[deg]02'32'' W., and
42[deg]22'03'' N./071[deg]02'35'' W.
    (ii) This anchorage ground is designated for the exclusive use of
recreational vessels that are 45 feet or less in length and have
superstructures that do not exceed 10 feet in height.
    (2) Anchorage 2. (i) All waters bounded by the following
coordinates: 42[deg]21'41'' N./071[deg]02'25'' W., 42[deg]21'47'' N./
071[deg]02'20'' W., 42[deg]21'35'' N./071[deg]01'53'' W., and
42[deg]21'29'' N./071[deg]01'58'' W.
    (ii) This anchorage ground is designated for the exclusive use of
recreational vessels that are 45 feet or less in length and have
superstructures that do not exceed 10 feet in height.
    (3) Anchorage 3. (i) All waters bounded by the following
coordinates: 42[deg]21'26'' N./071[deg]01'51'' W., 42[deg]21'32'' N./
071[deg]01'47'' W., 42[deg]21'25'' N./071[deg]01'33'' W., and
42[deg]21'19'' N./071[deg]01'37''.
    (ii) This anchorage ground is designated for the exclusive use of
recreational vessels that are 45 feet or less in length and their
height above water does not to exceed 50 feet.
    (4) Anchorage 4. (i) All waters bounded by the following
coordinates: 42[deg]21'19'' N./071[deg]01'37'' W., 42[deg]21'25'' N./
071[deg]01'33'' W., 42[deg]21'09'' N./071[deg]01'02'' W., and
42[deg]21'04'' N./071[deg]01'06''.
    (ii) This anchorage ground is designated for the exclusive use of
inspected and uninspected small passenger vessels (certificated by the
Coast Guard under Subchapters T and K of Title 46, Code of Federal
Regulations), and charter vessels that do not exceed 50 feet in height
above the water line.
    (5) Anchorage 5. (i) All waters bounded by the following
coordinates: 42[deg]21'04'' N./071[deg]01'06'' W., 42[deg]21'09'' N./
071[deg]01'02'' W., 42[deg]20'48'' N./071[deg]00'29'' W., and
42[deg]20'47'' N./071[deg]00'29''.
    (ii) This anchorage ground is designated for the exclusive use of
inspected and uninspected small passenger vessels (certificated by the
Coast Guard under Subchapters T and K of Title 46, Code of Federal
Regulations), and charter vessels that do not exceed 50 feet in height
above the water line.
    (6) Anchorage 6. (i) All waters bounded by the following
coordinates: 42[deg]20'09'' N./070[deg]59'39'' W., 42[deg]20'23'' N./
070[deg]59'32'' W., 42[deg]20'19'' N./071[deg]59'17'' W., and
42[deg]20'07'' N./070[deg]59'24''.
    (ii) This anchorage ground is designated for the exclusive use of
recreational vessels.
    (7) Anchorage 7. (i) All waters bounded by the following
coordinates: 42[deg]20'06'' N./070[deg]59'23'' W., 42[deg]20'36'' N./
070[deg]59'06'' W., 42[deg]20'34'' N./070[deg]58'31'' W., and
42[deg]20'05'' N./070[deg]58'45''.
    (ii) This anchorage ground is designated for the exclusive use of
recreational vessels.
    (8) Anchorage 8. (i) All waters bounded by the following
coordinates: 42[deg]20'06'' N./070[deg]58'43'' W., 42[deg]20'35'' N./
070[deg]58'28'' W., 42[deg]20'33'' N./070[deg]57'29'' W., and
42[deg]20'05'' N./070[deg]57'31''.
    (ii) This anchorage ground is designated a general anchorage with
no restrictions.
    (9) Anchorage 9. (i) All waters bounded by the following
coordinates: 42[deg]19'45'' N./070[deg]59'55'' W., 42[deg]19'58'' N./
070[deg]59'55'' W., 42[deg]19'57'' N./070[deg]58'47'' W., and
42[deg]19'44'' N./070[deg]58'47''.
    (ii) This anchorage ground is designated as general transient
anchorage for all vessels that do not exceed 50 feet in height above
the water line, with no overnight anchoring. This anchorage is only
applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (10) Anchorage 10. (i) All waters bounded by the following
coordinates: 42[deg]19'44'' N./070[deg]58'44'' W., 42[deg]19'58'' N./
070[deg]58'47'' W., 42[deg]19'55'' N./070[deg]57'28'' W., and
42[deg]19'43'' N./070[deg]57'35''.
    (ii) This anchorage ground is designated for the exclusive use of
recreational vessels with no overnight anchoring. This anchorage is
only applicable from 6 a.m. on June 17, 2017 until 4 p.m. on June 17,
2017.
    (11) Anchorage 11. (i) All waters bounded by the following
coordinates: 42[deg]20'30'' N./070[deg]56'30'' W., 42[deg]21'58'' N./
070[deg]56'05'' W., and 42[deg]21'32'' N./070[deg]55'27''.
    (ii) This anchorage ground is designated for the exclusive use of
late arriving recreational vessels and no overnight anchoring. This
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m.
on June 17, 2017.
    (12) Anchorage 12. (i) All waters bounded by the following
coordinates: 42[deg]20'07'' N./070[deg]56'28'' W., 42[deg]21'43'' N./
070[deg]54'51'' W., 42[deg]21'18'' N./070[deg]54'29'' W., and
42[deg]20'05'' N./070[deg]55'51''.
    (ii) This anchorage ground is designated for the exclusive use of
late arriving recreational vessels and no overnight anchoring. This
anchorage is only applicable from 6 a.m. on June 17, 2017 until 4 p.m.
on June 17, 2017.
    (13) Anchorage 13. (i) All waters bounded by the following
coordinates: 42[deg]19'55'' N./070[deg]56'40'' W., 42[deg]20'06'' N./
070[deg]56'28'' W., 42[deg]20'05'' N./070[deg]55'51'' W., and
42[deg]19'51'' N./070[deg]56'05''.
    (ii) This anchorage ground is designated for the exclusive use of
inspected and uninspected small passenger vessels (certificated by the
Coast Guard under Subchapters T and K of Title 46, Code of Federal
Regulations), and charter vessels. This anchorage is only applicable
from 6 a.m. on June 17, 2017 until 4 p.m. on June 17, 2017.
    (b) The regulations. The anchorages designated in paragraphs (a)(1)
through (13) of this section are subject to the following regulations:
    (1) General Operational Requirements for all anchorages. Vessel
operators using any of the anchorages established in this section
shall:
    (i) Ensure their vessels are properly anchored and remain safely in
position at anchor during marine events.
    (ii) Vessel operators shall comply with the directions and orders
of the COTP or the COTP's representatives, upon being hailed by siren,
radio, flashing lights, or other means. The COTP's representative may
be any Coast Guard commissioned, warrant, or petty

officer or any Federal, state, or local law enforcement officer who has
been designated by the COTP to act on the COTP's behalf. The COTP's
representative may be on a Coast Guard vessel, a Coast Guard Auxiliary
vessel, a federal, state, or local law enforcement or safety vessel, or
a location on shore.
    (iii) Vacate anchorages after termination of their effective
periods.
    (iv) Buoy with identifiable markers and release anchors fouled on
lobster trap lines if such anchors cannot be freed or raised.
    (v) Display anchor lights when anchoring at night in any anchorage.
    (vi) Do not leave vessels unattended in any anchorage at any time.
    (vii) Do not tie off to any aid to navigation or buoy.
    (ix) Maintain at least 20 feet of clearance if maneuvering between
anchored vessels.
    (x) Do not nest or tie off to other vessels in that anchorage.
    (xi) Based on COTP approval and direction, vessels commercially
engaged in the collection and legal disposal of marine sewage may
operate within spectator anchorages during the applicable periods.
    (c) Enforcement dates. This section will be enforced from 8:00 a.m.
on June 16, 2017 through 4:00 p.m. on June 17, 2017 unless otherwise
noted.

    NOTE TO Sec.  110.T01-0949:
    Caution: The designated spectator anchorages in this section
have not been specially surveyed or inspected and navigational
charts may not show all seabed obstructions or shallowest depths.
Additionally, the anchorages are in areas of substantial currents.
Mariners who use these temporary anchorages should take appropriate
precautions, including using all means available to ensure vessels
are not dragging anchor.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
6. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1225 and 1231; 50 U.S.C. 191; 49 CFR 1.46
and 33 CFR 1.05-1(G), 6.04-1, 6.04-6, and 160.5.

0
7. Add Sec.  165.T01-0949 to read as follows:

Sec.  165.T01-0949  Safety Zone: Sail Boston 2017; Port of Boston, MA.

    (a) Location. The following are safety zones (all coordinates are
NAD 1983):
    (1) All navigable waters from surface to bottom, within a 100-yard
radius of each participating Tall Ship while anchored in Broad Sound.
    (2) All navigable waters from surface to bottom, within 1000-yards
ahead and astern and 100-yards on each side of participating Tall
Ships, during their transit from anchorage to mooring.
    (3) All navigable waters from surface to bottom, within 25-yards
surrounding participating Tall Ships while moored at various locations
throughout the Port of Boston.
    (4) All navigable waters from surface to bottom, bounded within the
following points (NAD 83): From 42[deg]39.00' N., 070[deg]26.00' W.,
thence to 42[deg]39.00' N., 070[deg]24.00' W., thence to 42[deg]38.00'
N., 070[deg]24.00' W., thence to 42[deg]38.00' N N., 070[deg]26.00' W.,
thence to the first point.
    (b) Regulations. While these safety zones are being enforced, the
following regulations, along with those contained in 33 CFR 165.23,
apply:
    (1) No person or vessel may enter or remain in a safety zone
without the permission of the COTP, Sector Boston or the COTP's
representative.
    (2) Any person or vessel permitted to enter the safety zones shall
comply with the directions and orders of the COTP or the COTP's
representative. Upon being hailed by siren, radio, flashing lights, or
other means, the operator of a vessel within the zone shall proceed as
directed. Any person or vessel within the security zone shall exit the
zone when directed by the COTP or the COTP's representative.
    (3) To obtain permissions required by this regulation, individuals
may reach the COTP or a COTP representative via VHF channel 16 or 617-
223-5757 (Sector Boston Command Center) to obtain permission.
    (4) Penalties. Those who violate this section are subject to the
penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 192.
    (c) COTP Representative. The COTP's representative may be any Coast
Guard commissioned, warrant, or petty officer or any Federal, state, or
local law enforcement officer who has been designated by the COTP to
act on the COTP's behalf. The COTP's representative may be on a Coast
Guard vessel, a Coast Guard Auxiliary vessel, a federal, state or local
law enforcement or safety vessel, or a location on shore.
    (d) Enforcement dates. Paragraph (a)(1) of this section is
applicable on June 16, 2017 through June 17, 2017. Paragraph (a)(2) of
this section is applicable on June 16, 2017. Paragraph (a)(3) of this
section is applicable on June 17, 2017 through June 22, 2017. Paragraph
(a)(4) of this section is applicable on June 22, 2017 from 4:00 p.m.
until 8:00 p.m.

    Dated: March 17, 2017.
C.C. Gelzer,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2017-05748 Filed 3-23-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59260-59261]
[FR Doc No: 2016-20569]

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

SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension: Regulation 12B
    SEC File No. 270-70, OMB Control No. 3235-0062

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    Regulation 12B (17 CFR 240.12b-1 through 12b-37) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange
Act'') includes rules governing the registration and periodic reporting
requirements under Sections 12(b), 12(g), 13, and 15(d) (15 U.S.C.
78l(b), 78l(g), 78m and 78o(d)) of the Exchange Act. The purpose of the
regulation is to set forth guidelines for the uniform preparation of
Exchange Act registration statements and reports. Regulation 12B is
assigned one burden hour for administrative convenience because the
regulation simply prescribes the disclosure that must appear in other
filings under the federal securities laws.
    Written comments are invited on: (a) Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden imposed by the collection of information; (c) ways to
enhance the

quality, utility, and clarity of the information collected; and (d)
ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology. Consideration will
be given to comments and suggestions submitted in writing within 60
days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid control number.
    Please direct your written comment to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or send an email
to<EMAIL_ADDRESS>
    Dated: August 23, 2016.
Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-20569 Filed 8-26-16; 8:45 am]
 BILLING CODE 8011-01-P


From: Thomas Andersen<EMAIL_ADDRESS>
Sent: Tuesday, May 06, 2014 6:08 PM
To: Howard, Jodi
Subject: Methane Concerns Regarding PVC Stack Testing and 2010 Plaquemine THC data.

Jodi,

Here is the second e-mail that  has the Shintech  Plaquemine THC data and the diagrams I spoke
about.  Below is a written  explanation of the diagrams.  Tim and I would like to discuss further once
you and Jason have had a chance to review the data.

Thanks Jodi!  Have a nice evening.

Thomas S. Andersen
Environmental Manager
Shintech, Inc.
5618 East Hwy 332
Freeport, TX 77541
979 233 7861 ext 398
979 236 5641 (c)

From: Tim Gilder
Sent: Monday, May 05, 2014 2:03 PM
To: Thomas Andersen
Cc: David Wise<EMAIL_ADDRESS>Subject: RE: Methane Concerns Regarding PVC Stack Testing

Tom,
Per our conversation before lunch,
Here is two sets of drawings for our discussion. Both are identical, but one set has some Color to
better distinguish between liquids and gasses, as well as temperatures (ranges). This will be important
to better understand the Heat Duty of the SCR Heater.

In both sets, a simplified PVC-Only Vent Gas incinerator, Typical VCM/PVC Vent Gas incinerator, and
the Shintech GTO’s are represented.

In the course of destroying the process vents, our Destruction Furnace allows for a residence time of
more than 2-seconds at greater than 1650F. While at this temperature, or even after some heat
recovery, it is impractical to reduce any NOx until the chlorides have first been removed. It is in the
process of removing the chlorides that the temperatures decline and require heating for NOx control.
The duration the fuel gas (natural gas) is at flame temperature would be measured in nano-seconds
and the bulk vapor temperature is well below the methane destruction temperature. It was only
designed only to heat the flue gas, not destroy methane; hence, uncombusted methane can escape
the flame tips in the heater duct.

I hope the EPA can see how either sampling upstream of the SCR for balanced compliance, or allowing
methane to be removed from the analysis is a more balanced and prudent compliance metric.

Tim H. Gilder
VCM Production Manager
Shintech Louisiana, LLC
<EMAIL_ADDRESS>(225) 687 - 2105 (x5619)

From: Howard, Jodi<EMAIL_ADDRESS>
Sent: Monday, May 05, 2014 8:07 AM
To: Thomas Andersen
Subject: Methane Concerns Regarding PVC Stack Testing

Tom,

Could you tell the specific concern that you have regarding the THC testing as it relates to methane?

Thanks.

Jodi L. Howard
US EPA
OAR/OAQPS/SPPD/RCG
E143-01
Research Triangle Park, NC 27711
(919) 541-4607