[Federal Register Volume 88, Number 105 (Thursday, June 1, 2023)]
[Proposed Rules]
[Pages 35802-35805]
[FR Doc No: 2023-11620]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2023-0461]
RIN 1625-AA08

Special Local Regulation; Back River, Baltimore County, MD

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish temporary special
local regulations for certain waters of Back River. This action is
necessary to provide for the safety of life on these navigable waters
located in Baltimore County, MD, during activities associated with an
air show event from July 14, 2023, through July 16, 2023. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port, Maryland-
National Capital Region or the Coast Guard Event Patrol Commander. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before July 3, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0461 using the Federal Decision-Making Portal at https://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 LCDR Samuel M. Danus, U.S. Coast
Guard Sector Maryland-National Capital Region; telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
PATCOM Patrol Commander
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Tiki Lee's Dock Bar of Sparrows Point, MD, and David Schultz
Airshows LLC of Clearfield, PA, notified the Coast Guard that they will
be conducting the 2023 Tiki Lee's Shootout on the River Airshow from 7
to 8 p.m. on July 14, 2023, from 2 to 3 p.m. on July 15, 2023, and from
2 to 3 p.m. on July 16, 2023. High speed, low-flying civilian and
military aircraft air show performers will operate within a designated,
marked aerobatics box located on Back River, between Lynch Point to the
south and Walnut Point to the north. The event is being held adjacent
to Tiki Lee's Dock Bar, 4309 Shore Road, Sparrows Point, in Baltimore
County, MD. Hazards from the air show include risks of injury or death
resulting from aircraft accidents, dangerous projectiles, hazardous
materials spills, falling debris, and near or actual contact among
participants and spectator vessels or waterway users if normal vessel
traffic were to interfere with the event. Additionally, such hazards
include participants operating near a designated navigation channel, as
well as operating adjacent to waterside residential communities. The
COTP Maryland-National Capital Region has determined that potential
hazards associated with the air show would be a safety concern for
anyone intending to participate in this event and for vessels that
operate within specified waters of Back River.
    The purpose of this rulemaking is to protect event participants,
non-participants, and transiting vessels before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70041.

III. Discussion of Proposed Rule

    The COTP Maryland-National Capital Region proposes to establish
special local regulations from 6 p.m. on July 14, 2023, through 4 p.m.
on July 16, 2023. The regulations would be enforced from 6 to 9 p.m. on
July 14, 2023, from 1 to 4 p.m. on July 15, 2023, and from 1 to 4 p.m.
on July 16, 2023. The regulated area would cover all navigable waters
of Back River within an area bounded by a line connecting the following
points: from the shoreline at Lynch Point at latitude 39[deg]14'46'' N,
longitude 076[deg]26'23'' W, thence northeast to Porter Point at
latitude 39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north
along the shoreline to Walnut Point at latitude 39[deg]17'06'' N,
longitude 076[deg]27'04'' W, thence southwest to the shoreline at
latitude 39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south
along the shoreline to the point of origin, located in Baltimore
County, MD. The regulated area is approximately 4,200 yards in length
and 1,200 yards in width.
    This proposed rule provides additional information about areas
within the regulated area and their definitions. These areas include
``Aerobatics Box'' and ``Spectator Areas.''
    The proposed duration of the special local regulations and size of
the regulated area are intended to ensure the safety of life on these
navigable waters before, during, and after activities associated with
the air show, scheduled from 7 to 8 p.m. on July 14, 2023, from 2 to 3
p.m. on July 15, 2023, and from 2 to 3 p.m. on July 16, 2023. The COTP
and the Coast Guard Event PATCOM would have authority to forbid and
control the movement of all vessels and persons, including event
participants, in the regulated area. When hailed or signaled by an
official patrol, a vessel or person in the regulated area would be
required to immediately comply with the directions given by the COTP or
Event PATCOM. If a person or vessel fails to follow such directions,
the Coast Guard may expel them from the area, issue them a citation for
failure to comply, or both.
    Except for 2023 Tiki Lee's Shootout on the River Airshow
participants and vessels already at berth, a vessel or person would be
required to get permission from the COTP or Event PATCOM before
entering the regulated area. Vessel operators would be able to request
permission to enter and transit through the regulated area by
contacting the Event PATCOM on VHF-FM channel 16. Operators of vessels
already at berth desiring to move those vessels when the event is
subject to enforcement would be required to obtain permission before
doing so. Vessel traffic would be able to safely transit the regulated
area once the Event PATCOM deems it safe to do so. A vessel within the
regulated area must operate at safe speed that minimizes wake. A person
or vessel not registered with the event sponsor as a participant or
assigned as official patrols would be considered a spectator. Official
Patrols are any vessel assigned or approved by the Commander, Coast
Guard Sector Maryland-National Capital Region with a commissioned,
warrant, or petty officer onboard and displaying a Coast Guard ensign.
Official Patrols enforcing

this regulated area can be contacted on VHF-FM channel 16 and channel
22A.
    If permission is granted by the COTP or Event PATCOM, a person or
vessel would be allowed to enter the regulated area or pass directly
through the regulated area as instructed. Vessels would be required to
operate at a safe speed that minimizes wake while within the regulated
area in a manner that would not endanger event participants or any
other craft. A spectator vessel must not loiter within the navigable
channel while within the regulated area. Official patrol vessels would
direct spectators to the designated spectator area. Only participant
vessels would be allowed to enter the aerobatics box. The Coast Guard
would publish a notice in the Fifth Coast Guard District Local Notice
to Mariners and issue a marine information broadcast on VHF-FM marine
band radio announcing specific event dates and times.
    The regulatory text we are proposing appears at the end of this
document.

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 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. This NPRM has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size and
duration of the regulated area, which would impact a small, designated
area of Back River for 9 total enforcement hours. This waterway
supports mainly recreational vessel traffic, which at its peak, occurs
during the summer season. Although this regulated area extends across
the entire width of the waterway, the rule would allow vessels and
persons to seek permission to enter the regulated area, and vessel
traffic would be able to transit the regulated area as instructed by
Event PATCOM. Such vessels must operate at safe speed that minimizes
wake and not loiter within the navigable channel while within the
regulated area. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the status of the
regulated area.

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 the
safety zone 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 proposed 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 proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email 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 call or email 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 an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
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
implementation of regulations within 33 CFR part 100 applicable to
organized marine events on the navigable waters of the United States
that could negatively impact the safety of waterway users and shore
side activities in the event area lasting for 9 total enforcement
hours. Normally such actions are categorically excluded from further
review under paragraph L61 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. 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 call or email 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.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0461 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
    We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.

0
2. Add Sec.  100.501 T05-0461 to read as follows:

Sec.  100.501  T05-0461 2023 Tiki Lee's Shootout on the River Airshow,
Back River, Baltimore County, MD.

    (a) Locations. All coordinates are based on datum NAD 1983.
    (1) Regulated area. All navigable waters of Back River, within an
area bounded by a line connecting the following points: from the
shoreline at Lynch Point at latitude 39[deg]14'46'' N, longitude
076[deg]26'23'' W, thence northeast to Porter Point at latitude
39[deg]15'13'' N, longitude 076[deg]26'11'' W, thence north along the
shoreline to Walnut Point at latitude 39[deg]17'06'' N, longitude
076[deg]27'04'' W, thence southwest to the shoreline at latitude
39[deg]16'41'' N, longitude 076[deg]27'31'' W, thence south along the
shoreline to and terminating at the point of origin. The aerobatics box
and spectator areas are within the regulated area.
    (2) Aerobatics Box. The aerobatics box is a polygon in shape
measuring approximately 5,000 feet in length by 1,000 feet in width.
The area is bounded by a line commencing at position latitude
39[deg]16'01.2'' N, longitude 076[deg]27'05.7'' W, thence east to
latitude 39[deg]16'04.7'' N, longitude 076[deg]26'53.7'' W, thence
south to latitude 39[deg]15'16.9'' N, longitude 076[deg]26'35.2'' W,
thence west to latitude 39[deg]15'13.7'' N, longitude 076[deg]26'47.2''
W, thence north to and terminating at the point of origin.
    (3) Spectator Areas--(i) East Spectator Fleet Area. The area is a
polygon in shape measuring approximately 2,200 yards in length by 450
yards in width. The area is bounded by a line commencing at position
latitude 39[deg]15'20.16'' N, longitude 076[deg]26'17.99'' W, thence
west to latitude 39[deg]15'17.47'' N, longitude 076[deg]26'27.41'' W,
thence north to latitude 39[deg]16'18.48'' N, longitude
076[deg]26'48.42'' W, thence east to latitude 39[deg]16'25.60'' N,
longitude 076[deg]26'27.14'' W, thence south to latitude
39[deg]15'40.90'' N, longitude 076[deg]26'31.30'' W, thence south to
and terminating at the point of origin.
    (ii) Northwest Spectator Fleet Area. The area is a polygon in shape
measuring approximately 750 yards in length by 150 yards in width. The
area is bounded by a line commencing at position latitude
39[deg]16'01.64'' N, longitude 076[deg]27'11.62'' W, thence south to
latitude 39[deg]15'47.80'' N, longitude 076[deg]27'06.50'' W, thence
southwest to latitude 39[deg]15'40.11'' N, longitude 076[deg]27'08.71''
W, thence northeast to latitude 39[deg]15'45.63'' N, longitude
076[deg]27'03.08'' W, thence northeast to latitude 39[deg]16'01.19'' N,
longitude 076[deg]27'05.65'' W, thence west to and terminating at the
point of origin.
    (iii) Southwest Spectator Fleet Area. The area is a polygon in
shape measuring approximately 400 yards in length by 175 yards in
width. The area is bounded by a line commencing at position latitude
39[deg]15'30.81'' N, longitude 076[deg]27'05.58'' W, thence south to
latitude 39[deg]15'21.06'' N, longitude 076[deg]26'56.14'' W, thence
east to latitude 39[deg]15'21.50'' N, longitude 076[deg]26'52.59'' W,
thence north to latitude 39[deg]15'29.75'' N, longitude
076[deg]26'56.12'' W, thence west to and terminating at the point of
origin.
    (b) Definitions. As used in this section--
    Aerobatics Box is an area described by a line bound by coordinates
provided in latitude and longitude that outlines the boundary of an
aerobatics box within the regulated area defined by this section.
    Captain of the Port (COTP), Maryland-National Capital Region means
the Commander, U.S. Coast Guard Sector Maryland-National Capital Region
or any Coast Guard commissioned, warrant or petty officer who has been
authorized by the COTP to act on his behalf.
    Event Patrol Commander or Event PATCOM means a commissioned,
warrant, or petty officer of the U.S. Coast Guard who has been
designated by the Commander, Coast Guard Sector Maryland-National
Capital Region.
    Official patrol means any vessel assigned or approved by Commander,
Coast Guard Sector Maryland-National Capital Region with a
commissioned, warrant, or petty officer on board and displaying a Coast
Guard ensign.
    Participant means a person or vessel registered with the event
sponsor as participating in the ``2023 Tiki Lee's

Shootout on the River Airshow'' event, or otherwise designated by the
event sponsor as having a function tied to the event.
    Spectator means a person or vessel not registered with the event
sponsor as participants or assigned as official patrols.
    Spectator area is an area described by a line bound by coordinates
provided in latitude and longitude within the regulated area defined by
this section that outlines the boundary of an area reserved for non-
participant vessels watching the event.
    (c) Special local regulations.
    (1) The COTP Maryland-National Capital Region or Event PATCOM may
forbid and control the movement of all vessels and persons, including
event participants, in the regulated area described in paragraph (a)(1)
of this section. When hailed or signaled by an official patrol, a
vessel or person in the regulated area shall immediately comply with
the directions given by the patrol. Failure to do so may result in the
Coast Guard expelling the person or vessel from the area, issuing a
citation for failure to comply, or both. The COTP Maryland-National
Capital Region or Event PATCOM may terminate the event, or a
participant's operations at any time the COTP Maryland-National Capital
Region or Event PATCOM believes it necessary to do so for the
protection of life or property.
    (2) Except for participants and vessels already at berth, a person
or vessel within the regulated area at the start of enforcement of this
section must immediately depart the regulated area.
    (3) A spectator must contact the Event PATCOM to request permission
to either enter or pass through the regulated area. The Event PATCOM
and official patrol vessels enforcing this regulated area can be
contacted on marine band radio VHF-FM channel 16 (156.8 MHz) and
channel 22A (157.1 MHz). If permission is granted, the spectator must
enter a designated spectator area or pass directly through the
regulated area as instructed by Event PATCOM. A vessel within the
regulated area must operate at safe speed that minimizes wake. A
spectator vessel must not loiter within the navigable channel while
within the regulated area.
    (4) Only participant vessels are allowed to enter and remain within
the aerobatics box.
    (5) A person or vessel that desires to transit, moor, or anchor
within the regulated area must obtain authorization from the COTP
Maryland-National Capital Region or Event PATCOM. A person or vessel
seeking such permission can contact the COTP Maryland-National Capital
Region at telephone number<PHONE_NUMBER> or on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz) or the Event PATCOM on Marine Band Radio, VHF-FM
channel 16 (156.8 MHz).
    (6) The Coast Guard will publish a notice in the Fifth Coast Guard
District Local Notice to Mariners and issue a marine information
broadcast on VHF-FM marine band radio announcing specific event dates
and times.
    (d) Enforcement officials. The Coast Guard may be assisted with
marine event patrol and enforcement of the regulated area by other
federal, state, and local agencies.
    (e) Enforcement periods. This section will be enforced from 6 to 9
p.m. on July 14, 2023, from 1 to 4 p.m. on July 15, 2023, and from 1 to
4 p.m. on July 16, 2023.

    Dated: May 25, 2023.
David E. O'Connell,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2023-11620 Filed 5-31-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Notices]
[Pages 55843-55844]
[FR Doc No: 2021-21735]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9073-01-R9]

Revision of Approved State Primacy Program for the State of
Nevada

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of approval.

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SUMMARY: Notice is hereby given that the State of Nevada (State)
revised its approved State primacy program under the federal Safe
Drinking Water Act (SDWA) by adopting the federal Filter Backwash
Recycling Rule. The Environmental Protection Agency (EPA) has
determined that the State authorities implementing the program revision
are no less stringent than the corresponding Federal regulations and
that the State's request for a program revision meets applicable SDWA
primacy requirements. Therefore, EPA approves Nevada's revision to its
approved State primacy program. However, this revision does not become
effective until the public process, describes below in this notice, is
completed.

DATES: A request for a public hearing must be received or postmarked
before November 8, 2021.

ADDRESSES: Documents relating to this determination are available
online at http://ndep.nv.gov/posts. In addition, documents relating to
this determination are available by appointment between the hours of
8:30 a.m. and 4:00 p.m., Monday through Friday, except official State
or Federal holidays, at the following address: Nevada Department of
Environmental Protection, Administration Office, 901 South Stewart
Street, Suite 4001, Carson City, NV 89701. Please contact the Bureau of
Safe Drinking Water at<PHONE_NUMBER> to schedule an appointment.

FOR FURTHER INFORMATION CONTACT: Samantha Bishop, United States
Environmental Protection Agency, Region 9, Drinking Water Section, via
telephone at<PHONE_NUMBER> or email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    Background. EPA approved Nevada's initial application for primary
enforcement authority (``primacy'') on February 27, 1978 (43 FR 8030).
Since initial approval, EPA has approved various revisions to Nevada's
primacy program. For the revision covered by this action, EPA published
the Filter Backwash Recycling Rule on June 8, 2001 (66 FR 31086). EPA
promulgated the Filter Backwash Recyling Rule to improve control of
microbial pathogens while minimizing the public health risks of
disinfectants and disinfection byproducts by reducing the opportunity
for recycle practices to adversely affect the performance of drinking
water treatment plants and preventing microbial contaminants from
passing through treatment systems and into finished drinking water. EPA
has determined that the Filter Backwash Recycling Rule requirements
were adopted into the Nevada Administrative Code (NAC), Title 40
Chapter 445A, in a manner that Nevada's regulations are comparable to
and no less stringent than the federal requirements. EPA has also
determined that Nevada's program revision request meets all of the
regulatory requirements for approval, as set forth in 40 CFR 142.12,
including an acceptable side-by-side comparison of the Federal
requirements to the corresponding State authorities, appropriate
additional materials to meet the special primacy requirements of 40 CFR
142.16, an acceptable review of the requirements contained in 40 CFR
142.10 necessary for the State to retain primary enforcement
responsibility, and a statement by the Nevada Attorney General
certifying that Nevada's laws and regulations carrying out the program
revision were duly adopted and are enforceable. The Attorney General's
statement also affirms that there are no environmental audit privilege
and immunity laws that would impact Nevada's ability to implement or
enforce the Nevada laws and regulations pertaining to the program
revision. Therefore, EPA approves this revision as part of Nevada's
approved State primacy program. The Technical Support Document, which
provides EPA's analysis of Nevada's program revision request for this
approval, is available by submitting a request to the following email
address<EMAIL_ADDRESS>Please note ``Technical Support
Document'' in the subject line of the email.
    Public Process. Any interested party may request a public hearing
on this determination. A request for a public hearing must be received
or postmarked before November 8, 2021 and addressed to the Regional
Administrator at the EPA Region 9, via the following email address:
<EMAIL_ADDRESS>Please note ``State Primacy Rule Determination''
in the subject line of the email. The Regional Administrator may deny
frivolous or insubstantial requests for a hearing. If a substantial
request for a public hearing is made before November 8, 2021, EPA
Region 9 will hold a public hearing. Any request for a public hearing
shall include the following information: 1. The name, address, and
telephone number of the individual, organization, or other entity
requesting a hearing; 2. A brief statement of the requesting person's
interest in the Regional Administrator's determination and a brief
statement of the information that the requesting person intends to
submit at such hearing; and 3. The signature of the individual making
the request, or, if the request is made on behalf of an organization or
other entity, the signature of a responsible official of the
organization or other entity.
    If EPA does not receive a timely and appropriate request for a
hearing and the Regional Administrator does not elect to hold a hearing
on her own motion, EPA's approval shall become final and effective on
November 8, 2021 and no further public notice will be issued.
    Authority: Section 1413 of the Safe Drinking Water Act, as amended,
42 U.S.C. 300g-2 (1996), and 40 CFR part 142 of the National Primary
Drinking Water Regulations.

    Dated: September 28, 2021.
Deborah Jordan,
Acting Regional Administrator, EPA Region 9.
[FR Doc. 2021-21735 Filed 10-6-21; 8:45 am]
BILLING CODE 6560-50-P