[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17513-17516]
[FR Doc No: 2018-08323]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0799]
RIN 1625-AA87

Safety and Security Zones; New York Marine Inspection and Captain
of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to modify the security zone
surrounding the bridge between Liberty State Park and Ellis Island in
order to increase navigational safety in New York Harbor. This security
zone modification would allow certain vessels to transit underneath the
bridge, reducing congestion in the adjacent Anchorage Channel. We
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before May 21, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0799 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 MST1 Kristina Pundt, Waterways
Management at U.S. Coast Guard Sector New York, telephone<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On November 27, 2002, the Coast Guard published a NPRM entitled,
``Safety and Security Zones; New York Marine Inspection and Captain of
the Port Zone'' in the Federal Register (67 FR 70892). The NPRM
proposed to establish a permanent safety and security zone encompassing
all waters within 150 yards of Liberty Island, Ellis Island, and the
bridge between Liberty State Park and Ellis Island. We received no
comments on the proposed rule. No public hearing was requested and none
was held. The current 150-yard permanent security zone around the
bridge between Liberty State Park and Ellis Island became effective in
January 2003 as enacted by a final rule entitled, ``Safety and Security
Zones; New York Marine Inspection Zone and Captain of the Port Zone''
published in the Federal Register (68 FR 2886, January 22, 2003).
    On May 6, 2008, the Coast Guard published a NPRM entitled, ``Safety
and Security Zones; New York Marine Inspection Zone and Captain of the
Port'' in the Federal Register (73 FR 24889). The NPRM proposed to
modify several aspects of the permanent safety and security zone
regulations within the New York Captain of the Port Zone. We received
15 comments regarding the proposed rule. A public meeting was requested
to discuss the proposed expansion of the Liberty and Ellis Island
security zone to include all waters within 400 yards of these two
islands and the bridge between Liberty State Park and Ellis Island. On
February 12, 2009, the Coast Guard published a final rule entitled,
``Safety and Security Zones New York Marine Inspection Zone and Captain
of the Port Zone'' in the Federal Register (74 FR 7184). However, based
on the comments received, the Coast Guard did not expand the Liberty
and Ellis Island security zone. As a result, a public meeting was
unnecessary and the security zone remained 150 yards.
    On November 3, 2016, the Coast Guard published an ANPRM entitled,
``Safety and Security Zones; New York Marine Inspection and Captain of
the Port Zone'' in the Federal Register (81 FR 76545). The ANPRM
solicited public comments on a potential rulemaking to modify the
existing security zone around the bridge between Liberty State Park and
Ellis Island. We received 125 comments regarding the advance notice of
proposed rulemaking. Out of the 125 comments received, 123 comments
were in support of modifying the existing security zone around the
bridge between Liberty State Park and Ellis Island, almost all of which
emphasized improving navigation safety. The opposed comment, provided
by the National Park Service, expressed security concerns regarding
Ellis and Liberty Islands due to their historical symbolism. The
singular neutral comment received was unclear as to the commenter's
view on the proposed security zone modification. The comment addressed
the federal job hiring process and stated that all security zones
should be eliminated, both of which are outside the purview of this
rulemaking.
    The purpose of this rulemaking is to modify the existing security
zone to allow certain vessels to transit underneath the bridge between
Liberty State Park and Ellis Island. This security zone modification
will increase the navigational safety within New York Harbor by
reducing congestion in the adjacent Anchorage Channel. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to modify the existing security zone around
Liberty Island and Ellis Island and the bridge between Ellis Island and
Liberty State Park. This does not relinquish the COTP authority to
enforce the full 150 yard security zone around the bridge. Rather, the
modification would allow certain vessels to transit underneath the
Ellis Island Bridge on weekends and Federally Observed Holidays,
beginning on Memorial Day Weekend through October 1, between one hour
after sunrise and one hour before sunset. Vessels making this transit
(a) must be able to safely navigate underneath the bridge, (b) be human
powered watercraft and (c) meet the horizontal and vertical
navigational bridge clearances. The proposed regulatory text appears at
the end of this document.

IV. Regulatory Analyses

    The Coast Guard developed this proposed rule after considering
numerous statutes and Executive Orders related to rulemaking. Below is
a summary of 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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the proposed
modification and will allow greater access to a previously restricted
area. Prior to the establishment of the security zone in 2003, small
watercraft routinely transited underneath the Ellis Island Bridge.
Since the enactment of the 2003 security zone, these craft have been
diverted into the busy navigation channel east of Ellis Island.
Although the current regulation allows vessels to transit under the
Ellis Island Bridge with COTP permission, this modification grants
standing COTP approval for certain vessels to transit underneath the
bridge during specific time periods. Thus, this modification would
lessen the regulatory burden on these vessels by allowing transit
through the security zone without needing to seek prior COTP
permission. Moreover, the Coast Guard would make the boating public
aware of this modification through publication in the Local Notice to
Mariners.

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
security 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 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 an 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 the
modification of a security zone surrounding the bridge between Liberty
State Park and Ellis Island. Normally such actions are categorically
excluded from further review under paragraph L60(b) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary
Record of Environmental Consideration supporting this determination is
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, visit http://www.regulations.gov/privacyNotice.
    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 website'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 in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1

0
2. In Sec.  165.169, revise paragraph (a)(4) to read as follows:

Sec.  165.169  Safety and Security Zones: New York Marine Inspection
Zone and Captain of the Port Zone.

    (a) * * *
    (4) Liberty and Ellis Islands. (i) Location. All waters within 150
yards of Liberty Island and Ellis Island, and the Ellis Island Bridge.
    (ii) Ellis Island Bridge. Vessels may transit underneath the Ellis
Island Bridge, subject to the following conditions:
    (A) Dates/Times: On weekends only, to include Federally Observed
Holidays on a Friday or Monday, from Memorial Day Weekend through
October 1 each year, between one hour after sunrise and one hour before
sunset.
    (B) Vessel types: Human powered vessels with a maximum length of
sixteen feet. Human powered vessels must be able to safely navigate
under the bridge.
    (C) Notification: Human powered vessels desiring to transit shall
contact the United States Park Police Command Center at<PHONE_NUMBER>
regarding intentions of passage prior to entering the security zone and
transiting under the Ellis Island Bridge.
    (D) Route: Transits through the security zone and under the bridge
shall occur only at the designated route marked with lights and
signage.
    (E) Passage: Vessels transiting under the Ellis Island Bridge shall
make expeditious passage and not stop or loiter within the security
zone.
    (iii) Enforcement period. The security zone described in this
subsection is effective at all times. Although certain vessels have
permission to enter the security zone to transit under the Ellis Island
Bridge subject to the conditions outlined in the preceding paragraphs
(ii)(A)-(E), the security zone is in effect permanently and can be
enforced at any time. When deemed necessary the COTP may rescind the
permission granted in the preceding paragraphs (ii)(A)-(E) for any
period of time.
* * * * *

    Dated: April 2, 2018.
M.H. Day,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2018-08323 Filed 4-19-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Notices]
[Pages 77829-77830]
[FR Doc No: 2011-32064]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9506-7; Docket ID No. EPA-HQ-ORD-2011-0895]

Draft Research Report: Investigation of Ground Water
Contamination Near Pavillion, Wyoming

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Public Comment Period.

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SUMMARY: EPA is announcing a 45-day public comment period for the
external review of the draft research report titled, ``Investigation of
Ground Water Contamination near Pavillion, Wyoming.'' The draft
research report was prepared by the National Risk Management Research
Laboratory (NRMRL), within the EPA Office of Research and Development
(ORD), and EPA Region 8. EPA is releasing this draft research report
solely for the purpose of pre-dissemination peer review. This draft
research report has not been formally disseminated by EPA. It does not
represent and should not be construed to represent any Agency policy or
determination. Eastern Research Group, Inc. (ERG), an EPA contractor
for external peer review, will convene an independent panel of experts
for peer review of this draft research report. Public comments
submitted during the public comment period will be made available to
the peer review panel for consideration in their review. In preparing a
final report, EPA will consider the recommendations of the peer review
panel.

DATES: The public comment period begins December 14, 2011, and ends
January 27, 2011. Comments should be submitted to the docket or
received in writing by EPA by January 27, 2011.

ADDRESSES: The draft ``Investigation of Ground Water Contamination near
Pavillion, Wyoming'' is available via the Internet on the EPA Region 8
home page under the Key Issues menu, Pavillion Groundwater
Investigation at http://www.epa.gov/region8/superfund/wy/pavillion/.
    Comments may be submitted electronically via http://www.regulations.gov, by email, by mail, by facsimile, or by hand
delivery/courier. Please follow the detailed instructions provided in
the SUPPLEMENTARY INFORMATION section of this notice.
    Additional Information: For information on the docket, http://www.regulations.gov, or the public comment period, please contact the

Office of Environmental Information (OEI) Docket (Mail Code: 2822T),
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; facsimile: (202) 566-
1753; or email<EMAIL_ADDRESS>    For information on the draft research report, please contact
Rebecca Foster, U.S. Environmental Protection Agency, P.O. Box 1198,
Ada, OK 74821; telephone:<PHONE_NUMBER>; facsimile:<PHONE_NUMBER>; or
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Information About Pavillion Ground Water Investigation

    Pavillion, Wyoming is located in Fremont County, about 20 miles
northwest of Riverton. The concern at the site is potential ground
water contamination, based on resident complaints about smells, tastes,
and adverse changes in the quality of the water in their domestic
wells. In collaboration with ORD, Region 8 has been conducting a ground
water investigation. The purpose of this ground water investigation is
to better understand the basic ground water hydrology and how the
constituents of concern may be occurring in the aquifer. More
information is available at http://www.epa.gov/region8/superfund/wy/pavillion/.

II. How To Submit Comments to the Docket at http://www.regulations.gov

    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2011-
0895, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     Email<EMAIL_ADDRESS>     Facsimile:<PHONE_NUMBER>.
     Mail: Office of Environmental Information (OEI) Docket
(Mail Code: 2822T), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460. The telephone number is
(202) 566-1752. If you provide comments by mail, please submit one
unbound original with pages numbered consecutively, and three copies of
the comments. For attachments, provide an index, number pages
consecutively with the comments, and submit an unbound original and
three copies.
     Hand Delivery: The OEI Docket is located in the EPA
Headquarters Docket Center, EPA West Building, Room 3334, 1301
Constitution Ave. NW., Washington, DC. The EPA Docket Center Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>. Deliveries are only accepted during the
docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information. If you provide comments by
hand delivery, please submit one unbound original with pages numbered
consecutively, and three copies of the comments. For attachments,
provide an index, number pages consecutively with the comments, and
submit an unbound original and three copies.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2011-0895. Please ensure that your comments are submitted within the
specified comment period. It is EPA's policy to include all comments it
receives in the public docket without change and to make the comments
available online at http://www.regulations.gov, including any personal
information provided, unless comments include information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means that EPA will not know
your identity or contact information unless you provide it in the body
of your comments. If you send email comments directly to EPA without
going through http://www.regulations.gov, your email address will be
automatically captured and included as part of the comments that are
placed in the public docket and made available on the Internet. If you
submit electronic comments, EPA recommends that you include your name
and other contact information in the body of your comments and with any
disk or CD-ROM you submit. If EPA cannot read your comments due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comments. Electronic files should
avoid the use of special characters and any form of encryption and be
free of any defects or viruses. For additional information about EPA's
public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov or in hard copy at the OEI Docket in the
EPA Headquarters Docket Center.

    Dated: December 5, 2011.
Cynthia Sonich-Mullin,
Director, National Risk Management Research Laboratory.
[FR Doc. 2011-32064 Filed 12-13-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Notices]
[Pages 3483-3484]
[FR Doc No: 2012-1317]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2007-0008]

National Advisory Council

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Committee Management; Notice of Federal Advisory Committee
Meeting.

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SUMMARY: The National Advisory Council will meet on February 16, 2012,
in San Francisco, CA. The meeting will be open to the public.

DATES: The National Advisory Council will meet Thursday, February 16,
2012, from 8:30 a.m. PST to 5 p.m. PST. Please note that the meeting
may close early if the committee has completed its business.

ADDRESSES: The meeting will be held at The Hyatt Regency San Francisco,
5 Embarcadero Center in San Francisco, CA.
    For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Alexandra Woodruff of the Office of the National Advisory Council as
soon as possible. See contact information under ``FOR FURTHER
INFORMATION CONTACT'' section below.
    To facilitate public participation, we are inviting public comment
on the issues to be considered by the committee as listed in the
SUPPLEMENTARY INFORMATION section below. Written comments or requests
to make oral presentations must be submitted in writing no later than
February 6, 2012 and must be identified by Docket ID FEMA-2007-0008 and
may be submitted by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: FEMA, 500 C Street SW., Room 840, Washington, DC
20472-3100.
    Instructions: All submissions received must include the words
``Federal Emergency Management Agency'' and the Docket ID FEMA-2007-
0008 for this action. Comments received will be posted without
alteration at http://www.regulations.gov, including any personal
information provided.
    Docket: For access to the docket to read background documents or
comments received by the National Advisory Council, go to http://www.regulations.gov.
    A public comment period will be held during the meeting on February
16, 2012 from 1:30 p.m. PST to 2 p.m. PST, and speakers are requested
to register in advance, be present and seated by 1:20 p.m. PST, and
limit their comments to 3 minutes. With 3 minutes per speaker, the
public comment period is limited to no more than 10 speakers. Please
note that the public comment period may start and end before the time
indicated, if the committee has finished its business. Contact
Alexandra Woodruff, Office of the National Advisory Council, to
register as a speaker.

FOR FURTHER INFORMATION CONTACT: Alexandra Woodruff, Office of the
National Advisory Council, Federal Emergency Management Agency (Room
832), 500 C Street SW., Washington, DC 20472-3100, telephone (202) 646-
3746, fax<PHONE_NUMBER>, and email<EMAIL_ADDRESS>The National
Advisory Council Web site is located at: http://www.fema.gov/about/nac/
.

SUPPLEMENTARY INFORMATION: Notice of this meeting is given under the
Federal Advisory Committee Act, 5 U.S.C. App. (Pub. L. 92-463). The
National Advisory Council (NAC) advises the Administrator of the
Federal Emergency Management Agency (FEMA) on all aspects of emergency
management. The NAC incorporates State, local, and Tribal governments,
and private sector partners' input in the development and revision of
FEMA policies and strategies. FEMA's Office of the NAC serves as the
focal point for all NAC coordination.

Agenda

    The NAC will meet for the purpose of reviewing the progress and/or
potential recommendations of its four subcommittees: Preparedness and
Protection, Response and Recovery, Public Engagement and Mission
Support, and Federal Insurance and Mitigation.
    The NAC will discuss the Presidential Policy Directive 8 (PPD-8) on
National Preparedness, the Campaign to Build and Sustain Preparedness,
the National Mitigation Framework, the National Response Framework, the
National Preparedness Goal, the Emergency Management Institute (EMI),
Emergency Management Performance Grant (EMPG) program, National
Disaster Recovery Framework, and the personal disaster assistance and
individual assistance programs. A FEMA Program Office will brief the
Council on Emerging Topics in Emergency Management during lunch,
scheduled for 12:20 p.m. PST to 1:20 p.m. PST.
    PPD-8, signed on March 30, 2011, directs the development of a
national preparedness goal that identifies the core capabilities
necessary for preparedness and a national preparedness system to guide
activities that will enable the Nation to achieve the goal. PPD-8
replaces Homeland Security Presidential Directive 8 (HSPD-8) and Annex
1. More information on PPD-8, the Frameworks, and the National
Preparedness Goal, may be found at http://www.fema.gov/prepared/ppd8.shtm.
    EMI serves as the national focal point for the development and
delivery of emergency management training to enhance the capabilities
of State, local, and Tribal government officials; volunteer
organizations; FEMA's disaster workforce; other Federal agencies; and
the public and private sectors to minimize the impact of disasters and
emergencies on the American public.
    EMPG provides funding to assist State and local governments to
sustain and enhance all-hazards emergency management capabilities. More
information on EMPG may be found at http://www.fema.gov/emergency/empg/empg.shtm.

    Dated: January 18, 2012.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2012-1317 Filed 1-23-12; 8:45 am]
BILLING CODE 9111-48-P


[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Proposed Rules]
[Pages 13510-13512]
[FR Doc No: 2015-05836]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0816; FRL-9924-37-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Consumer and Commercial Products, and Mobile Equipment Repair
and Refinishing Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a State Implementation Plan (SIP) revision submitted by the
Commonwealth of Virginia. This revision consists of amendments to
Virginia's regulation for consumer and commercial products in order to
apply provisions pertaining to portable fuel containers, consumer and
commercial products, architectural and industrial maintenance coatings,
adhesives, adhesive primers, sealants, and sealant primers to the
Richmond volatile organic compound (VOC) Emissions Control Area. The
revision also consists of amendments to Virginia's regulation for
existing stationary sources to apply provisions pertaining to mobile
equipment repair and refinishing operations in the Richmond VOC
Emissions Control Area. This action is being taken under the Clean Air
Act (CAA).

DATES: Written comments must be received on or before April 15, 2015.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0816 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0816, Marilyn Powers, Acting Associate
Director, Office of Air Program Planning, Mailcode 3AP30, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2014-0816. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Virginia Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.

FOR FURTHER INFORMATION CONTACT: Leslie Jones Doherty,<PHONE_NUMBER>
or by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On January 26, 2012 (77 FR 3928), EPA issued a final rulemaking
notice (FRN) approving a new chapter, 9VAC5 Chapter 45--Consumer and
Commercial Products, for inclusion in the Virginia SIP in order to
control VOC emissions from various consumer and commercial products
within the Northern Virginia and Fredericksburg VOC Emissions Control
Areas.\1\ On April 10, 2014, the Virginia Department of Environmental
Quality (VADEQ) submitted a revision to the Virginia SIP. The SIP
revision consists of amendments to 9VAC5 Chapter 45 in order to apply
provisions pertaining to certain types of consumer and commercial
products to the Richmond VOC Emissions Control Area.
---------------------------------------------------------------------------

    \1\ ``VOC Emissions Control Area'' in Virginia is defined by
9VAC5-20-206 as certain control areas by geographic location.
---------------------------------------------------------------------------

    On June 22, 2004 (69 FR 35253), EPA issued a direct final
rulemaking approving a new article, Article 48 of 9VAC5 Chapter 40--
Existing Stationary Sources, for inclusion in the Virginia SIP which
established emissions standards for mobile equipment repair and
refinishing operations in the Northern Virginia VOC Emissions Control
Area. This SIP revision consists of amendments to Article 48 of 9VAC5
Chapter 40--Existing Stationary Sources to apply provisions pertaining
to mobile equipment repair and refinishing operations in the Richmond
VOC Emissions Control Area.

II. Summary of SIP Revision

    The SIP revision consists of amendments to 9VAC5 Chapter 45--
Consumer and Commercial Products in order to apply provisions
pertaining to portable fuel containers, consumer and commercial
products, architectural and

industrial maintenance coatings, adhesives, adhesive primers, sealants,
and sealant primers to the Richmond VOC Emissions Control Area. This
revision also amends Article 48 of 9VAC5 Chapter 40--Existing
Stationary Sources to apply provisions pertaining to mobile equipment
repair and refinishing operations in the Richmond VOC Emissions Control
Area. Also, the SIP revision includes revised compliance dates for
Chapters 40 and 45 and retains in Chapter 45 a temporary exemption for
the manufacture and distribution of single-ply roof membrane adhesives
and sealants.
    9VAC5 Chapter 40, Article 48 extends the emissions standards for
mobile equipment repair and refinishing operations to include the
Richmond VOC Emissions Control Area. A compliance date of March 1, 2014
was established for the Richmond VOC Emissions Control Area under
section 9VAC5-40-7050--Compliance schedules. In addition, Subsection C
of 9VAC5-40-6970--Applicability and designation of affected facility
has moved to a new section 9VAC5-40-6975--Exemptions which lists
exemptions to Article 48.
    9VAC5 Chapter 45, Article 1--Emissions Standards for Portable Fuel
Containers and Spouts Manufactured before August 1, 2010 and Article
2--Emissions Standards for Portable Fuel Containers and Spouts
Manufactured on or after August 1, 2010 were amended in order to make
administrative changes for clarity, style and format. Article 2 was
also amended to change the applicability and compliance schedules to
include the Richmond VOC Emissions Control Area. August 1, 2010 was
retained as a compliance date for the Northern Virginia and
Fredericksburg VOC Emissions Control Areas and a compliance date of
March 1, 2014 was added for the Richmond VOC Emissions Control Area.
    9VAC5 Chapter 45, Article 3--Emission Standards for Consumer
Products Manufactured before August 1, 2010 and Article 4--Emission
Standards for Consumer Products Manufactured on or after August 1,
2010, were amended in order to make administrative changes for clarity,
style and format. Article 4 was amended to apply provisions to the
Richmond VOC Emissions Control Area. The compliance date of August 1,
2010 was retained for the Northern Virginia and Fredericksburg VOC
Emissions Control Areas and a compliance date of March 1, 2014 was
added for the Richmond VOC Emissions Control Area.
    9VAC5 Chapter 45, Article 5--Emission Standards for Architectural
and Industrial Maintenance Coatings and Article 6--Emission Standards
for Adhesives and Sealants were both amended to apply provisions to the
Richmond VOC Emissions Control Area. In Article 5, the compliance date
of March 1, 2014 was added for the Richmond VOC Emission Control Area.
In Article 6, the compliance date of August 1, 2010 was retained for
the Northern Virginia and Fredericksburg VOC Emission Control Areas and
the compliance date of March 1, 2014 was added for the Richmond VOC
Emissions Control Area. In Article 6, a temporary exemption for single-
ply roof membrane adhesive, sealant and primer was amended for the
Northern Virginia and Fredericksburg VOC Emissions Control Areas to
apply the standard during the ozone seasons between August 1, 2010 and
September 30, 2011 and on and after January 1, 2012. The temporary
exemption was extended to the Richmond VOC Emission Control Area where
the standard applies during the ozone season between March 1, 2014 and
September 30, 2014 and after January 1, 2015. Administrative changes
were also made in Article 6 for clarity.

III. Proposed Action

    EPA is proposing to approve the April 10, 2014 Virginia SIP
revision which extends provisions for the control of VOC emissions from
certain types of consumer and commercial products and existing mobile
equipment repair and refinishing operations to the Richmond VOC
Emissions Control Area. EPA is soliciting public comments on the issues
discussed in this document. These comments will be considered before
taking final action.

IV. General Information Pertaining to SIP Submittals From the
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to
certain conditions, for an environmental assessment (audit)
``privilege'' for voluntary compliance evaluations performed by a
regulated entity. The legislation further addresses the relative burden
of proof for parties either asserting the privilege or seeking
disclosure of documents for which the privilege is claimed. Virginia's
legislation also provides, subject to certain conditions, for a penalty
waiver for violations of environmental laws when a regulated entity
discovers such violations pursuant to a voluntary compliance evaluation
and voluntarily discloses such violations to the Commonwealth and takes
prompt and appropriate measures to remedy the violations. Virginia's
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and
information about the content of those documents that are the product
of a voluntary environmental assessment. The Privilege Law does not
extend to documents or information that: (1) Are generated or developed
before the commencement of a voluntary environmental assessment; (2)
are prepared independently of the assessment process; (3) demonstrate a
clear, imminent and substantial danger to the public health or
environment; or (4) are required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the
Attorney General provided a legal opinion that states that the
Privilege law, Va. Code Sec. 10.1-1198, precludes granting a privilege
to documents and information ``required by law,'' including documents
and information ``required by Federal law to maintain program
delegation, authorization or approval,'' since Virginia must ``enforce
Federally authorized environmental programs in a manner that is no less
stringent than their Federal counterparts. . . .'' The opinion
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or
other information needed for civil or criminal enforcement under one of
these programs could not be privileged because such documents and
information are essential to pursuing enforcement in a manner required
by Federal law to maintain program delegation, authorization or
approval.''
    Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides that
``[t]o the extent consistent with requirements imposed by Federal
law,'' any person making a voluntary disclosure of information to a
state agency regarding a violation of an environmental statute,
regulation, permit, or administrative order is granted immunity from
administrative or civil penalty. The Attorney General's January 12,
1998 opinion states that the quoted language renders this statute
inapplicable to enforcement of any Federally authorized programs, since
``no immunity could be afforded from administrative, civil, or criminal
penalties because granting such immunity would not be consistent with
Federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and
Immunity statutes will not preclude the Commonwealth from enforcing its
program consistent with the Federal requirements. In any event, because
EPA has also determined that a state audit privilege and immunity law
can

affect only state enforcement and cannot have any impact on Federal
enforcement authorities, EPA may at any time invoke its authority under
the CAA, including, for example, sections 113, 167, 205, 211 or 213, to
enforce the requirements or prohibitions of the state plan,
independently of any state enforcement effort. In addition, citizen
enforcement under section 304 of the CAA is likewise unaffected by
this, or any, state audit privilege or immunity law.

V. Incorporation by Reference

    In this proposed action, the EPA is proposing to include in a final
EPA rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the VADEQ Regulations described in the
proposed amendments to 40 CFR part 52. The EPA has made, and will
continue to make, these documents generally available electronically
through www.regulations.gov and/or in hard copy at the appropriate EPA
office (see the ADDRESSES section of this preamble for more
information).

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this proposed rule, pertaining to Virginia's control
of VOC emissions from commercial and consumer products and existing
stationary sources, does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP
is not approved to apply in Indian country located in the state, and
EPA notes that it will not impose substantial direct costs on tribal
governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Volatile organic compounds.

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

    Dated: February 20, 2015.
William C. Early,
Acting, Regional Administrator, Region III.
[FR Doc. 2015-05836 Filed 3-13-15; 8:45 am]
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[Federal Register: October 31, 2008 (Volume 73, Number 212)]
[Notices]
[Page 64992]
[DOCID:fr31oc08-110]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of Investor Education and Advocacy, Washington, DC
20549-0213.

Extension:
    Form 24F-2, SEC File No. 270-399, OMB Control No. 3235-0456.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501-3520), the Securities and Exchange Commission
(the ``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.
    Rule 24f-2 (17 CFR 270.24f-2) under the Investment Company Act of
1940 (15 U.S.C. 80a) requires any open-end management companies
(``mutual funds''), unit investment trusts (``UITs'') or face-amount
certificate companies (collectively, ``funds'') deemed to have
registered an indefinite amount of securities to file, not later than
90 days after the end of any fiscal year in which it has publicly
offered such securities, Form 24F-2 (17 CFR 274.24) with the
Commission. Form 24F-2 is the annual notice of securities sold by funds
that accompanies the payment of registration fees with respect to the
securities sold during the fiscal year.
    The Commission estimates that 5707 funds file Form 24F-2 on the
required annual basis. The average annual burden per respondent for
Form 24F-2 is estimated to be two hours. The total annual burden for
all respondents to Form 24F-2 is estimated to be 11,414 hours.
    The estimate of average burden hours is made solely for the
purposes of the Paperwork Reduction Act, and is not derived from a
comprehensive or even a representative survey or study of the costs of
Commission rules.
    Compliance with the collection of information required by Form 24F-
2 is mandatory. The Form 24F-2 filing that must be made to the
Commission is available to the public. 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.
    The Commission requests written comments on: (a) Whether the
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information has
practical utility; (b) the accuracy of the Commission's estimate of the
burdens of 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.
    Please direct your written comments to Lewis W. Walker, Acting
Director/CIO, Securities and Exchange Commission, C/O Shirley
Martinson, 6432 General Green Way, Alexandria, VA 22312; or send an e-
mail to<EMAIL_ADDRESS>
    Dated: October 22, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-25864 Filed 10-30-08; 8:45 am]

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