[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2313-2315]
[FR Doc No: 2020-00179]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2019-0528; FRL-10003-96-Region 9]

Air Plan Approval; California; Northern Sierra Air Quality
Management District; Reasonably Available Control Technology

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Northern Sierra Air Quality
Management District (NSAQMD or ``District'') portion of the California
State Implementation Plan (SIP) under the Clean Air Act (CAA or ``the
Act''). This revision concerns the District's demonstration regarding
reasonably available control technology (RACT) requirements for the
2008 8-hour ozone national ambient air quality standard (NAAQS or
``standards'') in the Western Nevada County ozone nonattainment area,
which is under the jurisdiction of the NSAQMD.

DATES: This rule will be effective on February 14, 2020.

ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2019-0528. 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.,
Confidential Business Information (CBI) or other information the
disclosure of which 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: Stanley Tong, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105. By phone:<PHONE_NUMBER> or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On November 4, 2019 (84 FR 59331), the EPA proposed to approve
NSAQMD's ``Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Revision for Western Nevada County 8-Hour
Ozone Nonattainment Area'' (``2018 RACT SIP''), adopted on March 26,
2018, and submitted to the EPA by the California Air Resources Board
(CARB) on June 7, 2018, for approval as a revision to the California
SIP.
    We proposed to approve the 2018 RACT SIP because we determined that
it complies with the relevant CAA requirements. Our proposed action
contains more information on the document and our evaluation.

II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is fully approving the 2018 RACT SIP into
the California SIP.

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the 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 CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     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 CAA; 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).
    In addition, 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 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 16, 2020. 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 oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 16, 2019.
Deborah Jordan,
Acting Regional Administrator, Region IX.
    Part 52, chapter I, title 40 of the Code of Federal Regulations 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 F--California

0
2. Section 52.220 is amended by adding paragraph (c)(529) to read as
follows:

Sec.  52.220  Identification of plan--in part.

* * * * *
    (c) * * *
    (529) The following plan was submitted on June 7, 2018 by the
Governor's designee.
    (i) [Reserved]
    (ii) Additional materials. (A) Northern Sierra Air Quality
Management District.
    (1) Reasonably Available Control Technology (RACT) State
Implementation Plan (SIP) Revision for Western Nevada County 8-Hour
Ozone

Nonattainment Area, adopted on March 26, 2018.
    (2) [Reserved]
    (B) [Reserved]

0
3. Section 52.222 is amended by adding paragraph (a)(9)(iv) to read as
follows:

Sec.  52.222  Negative declarations.

    (a) * * *
    (9) * * *
    (iv) The following negative declarations for the 2008 ozone NAAQS
were adopted by the Northern Sierra Air Quality Management District on
March 26, 2018, and submitted to the EPA on June 7, 2018.

   Table 1 to Paragraph (a)(9)(iv)--Negative Declarations for the 2008
                               Ozone NAAQS
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       CTG document No.                          Title
------------------------------------------------------------------------
EPA-450/2-77-008.............  Surface Coating of Cans.
EPA-450/2-77-008.............  Surface Coating of Coils.
EPA-450/2-77-008.............  Surface Coating of Paper.
EPA-450/2-77-008.............  Surface Coating of Fabric.
EPA-450/2-77-008.............  Surface Coating of Automobiles and Light-
                                Duty Trucks.
EPA-450/2-77-022.............  Solvent Metal Cleaning.
EPA-450/2-77-025.............  Refinery Vacuum Producing Systems,
                                Wastewater Separators, and Process Unit
                                Turnarounds.
EPA-450/2-77-026.............  Tank Truck Gasoline Loading Terminals.
EPA-450/2-77-032.............  Surface Coating of Metal Furniture.
EPA-450/2-77-033.............  Surface Coating of Insulation of Magnet
                                Wire.
EPA-450/2-77-034.............  Surface Coating of Large Appliances.
EPA-450/2-77-035.............  Bulk Gasoline Plants.
EPA-450/2-77-036.............  Storage of Petroleum Liquids in Fixed-
                                Roof Tanks.
EPA-450/2-78-029.............  Manufacture of Synthesized Pharmaceutical
                                Products.
EPA-450/2-78-030.............  Manufacture of Pneumatic Rubber Tires.
EPA-450/2-78-032.............  Factory Surface Coating of Flat Wood
                                Paneling.
EPA-450/2-78-033.............  Graphic Arts-Rotogravure and Flexography.
EPA-450/2-78-036.............  Leaks from Petroleum Refinery Equipment.
EPA-450/2-78-047.............  Petroleum Liquid Storage in External
                                Floating Roof Tanks.
EPA-450/3-82-009.............  Large Petroleum Dry Cleaners.
EPA-450/3-83-006.............  Leaks from Synthetic Organic Chemical
                                Polymer and Resin Manufacturing
                                Equipment.
EPA-450/3-83-007.............  Leaks from Natural Gas/Gasoline
                                Processing Plants.
EPA-450/3-83-008.............  Manufacture of High-Density Polyethylene,
                                Polypropylene, and Polystyrene Resins.
EPA-450/3-84-015.............  Air Oxidation Processes in Synthetic
                                Organic Chemical Manufacturing Industry.
EPA-450/4-91-031.............  Reactor Processes and Distillation
                                Operations in Synthetic Organic Chemical
                                Manufacturing Industry.
EPA-453/R-96-007.............  Wood Furniture Manufacturing Operations.
EPA-453/R-94-032, 61 FR        ACT Surface Coating at Shipbuilding and
 44050; 8/27/96.                Ship Repair Facilities Shipbuilding and
                                Ship Repair Operations (Surface
                                Coating).
EPA-453/R-97-004, 59 FR        Aerospace MACT and Aerospace (CTG &
 29216; 6/06/94.                MACT).
EPA-453/R-06-001.............  Industrial Cleaning Solvents.
EPA-453/R-06-002.............  Offset Lithographic Printing and
                                Letterpress Printing.
EPA-453/R-06-003.............  Flexible Package Printing.
EPA-453/R-06-004.............  Flat Wood Paneling Coatings.
EPA 453/R-07-003.............  Paper, Film, and Foil Coatings.
EPA 453/R-07-004.............  Large Appliance Coatings.
EPA 453/R-07-005.............  Metal Furniture Coatings.
EPA 453/R-08-003.............  Miscellaneous Metal Parts and Plastic
                                Parts Coatings
                               Tables 3-6.
EPA 453/R-08-004.............  Fiberglass Boat Manufacturing Materials.
EPA 453/R-08-005.............  Miscellaneous Industrial Adhesives.
EPA 453/R-08-006.............  Automobile and Light-Duty Truck Assembly
                                Coatings.
EPA 452/B16-001..............  Oil and Natural Gas Industry.
-- N/A --....................  Major non-CTG VOC sources.
-- N/A --....................  Major non-CTG NOX sources.
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* * * * *
[FR Doc. 2020-00179 Filed 1-14-20; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 42 (Monday, March 4, 2013)]
[Proposed Rules]
[Pages 14032-14034]
[FR Doc No: 2013-04890]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0051; Airspace Docket No. 13-ANM-2]

Proposed Establishment of Class E Airspace; Cherokee, WY

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish Class E Airspace at the
Cherokee VHF Omni-Directional Radio Range/Distance Measuring Equipment
(VOR/DME) navigation aid, Cherokee, WY to facilitate vectoring of
Instrument Flight Rules (IFR) aircraft under control of Denver and Salt
Lake City Air Route Traffic Control Centers (ARTCCs). The FAA is
proposing this action to enhance the safety and management of aircraft
operations within the National Airspace System.

DATES: Comments must be received on or before April 18, 2013.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0051; Airspace Docket No. 13-ANM-2, at the beginning of your comments.
You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation
Administration, Operations Support Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA 2013-0051 and Airspace Docket No. 13-ANM-2) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2013-0051 and Airspace Docket No. 13-ANM-2''. The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRM's

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address and phone number)
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined during normal
business hours at the Northwest Mountain Regional Office of the Federal
Aviation Administration, Air Traffic Organization, Western Service
Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA
98057.
    Persons interested in being placed on a mailing list for future
NPRM's should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal
Regulations (14 CFR) Part 71 by establishing Class E en route domestic
airspace extending upward from 1,200 feet above the surface at the
Cherokee VOR/DME navigation aid, Cherokee, WY. This action would
contain aircraft while in IFR conditions under control of Denver and
Salt Lake City ARTCC by vectoring aircraft from en route airspace to
terminal areas.
    Class E Airspace designations are published in paragraph 6006, of
FAA Order 7400.9W, dated August 8, 2012, and effective September 15,
2012, which is incorporated by reference in 14 CFR 71.1. The Class E
Airspace designation listed in this document will be published
subsequently in this Order.
    The FAA has determined this proposed regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this proposed regulation; (1) Is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under DOT Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3) does not warrant preparation of a
regulatory evaluation as the anticipated impact is so minimal. Since
this is a routine matter that will only affect air traffic procedures
and air navigation, it is certified this proposed rule, when
promulgated, would not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, Section 106, describes
the authority for the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would establish controlled airspace at the Cherokee VOR/DME,
Cherokee, WY.
    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal
Aviation Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012 is amended as follows:

Paragraph 6006 En Route Domestic Airspace Areas.

* * * * *

ANM WY E6 Cherokee, WY [New]

Cherokee VOR/DME, WY
    (Lat. 41[deg]45'21'' N., long. 107[deg]34'55'' W.)

    That airspace extending upward from 1,200 feet above the surface
within an area bounded by lat. 39[deg]59'03'' N., long.
110[deg]43'27'' W.; to lat. 40[deg]21'23'' N., long. 109[deg]42'25''
W.; to lat. 41[deg]10'22'' N., long. 109[deg]42'26'' W.; to lat.
42[deg]15'53'' N., long. 108[deg]06'44'' W.; to lat. 42[deg]52'37''
N., long. 107[deg]47'58'' W.; to lat. 43[deg]01'57'' N., long.
107[deg]06'08'' W.; to lat. 42[deg]23'15'' N., long. 106[deg]50'11''
W.; to lat. 41[deg]49'09'' N., long. 105[deg]41'46'' W.; to lat.
40[deg]33'32'' N., long. 105[deg]37'50'' W.; to lat. 40[deg]36'40''
N., long. 108[deg]02'31'' W.; to lat. 39[deg]26'08'' N., long.

110[deg]01'37'' W.; to lat. 39[deg]37'44'' N., long. 111[deg]07'28''
W., thence to the point of beginning.

    Issued in Seattle, Washington, on February 13, 2013.
Clark Desing,
Manager, Operations Support Group, Western Service Center.
[FR Doc. 2013-04890 Filed 3-1-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 68 (Wednesday, April 9, 2014)]
[Rules and Regulations]
[Pages 19480-19482]
[FR Doc No: 2014-07924]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-0133]
RIN 1625-AA00

Safety Zone: Akadama Fireworks Display, Richmond Inner Harbor,
Richmond, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
navigable waters of Richmond Inner Harbor near Richmond, CA in support
of the Akadama Fireworks Display on April 19, 2014. This safety zone is
established to ensure the safety of participants and spectators from
the dangers associated with the pyrotechnics. Unauthorized persons or
vessels are prohibited from entering into, transiting through, or
remaining in the safety zone without permission of the Captain of the
Port or their designated representative.

DATES: This rule is effective on April 19, 2014. This rule will be
enforced from 8:45 p.m. to 9:15 p.m. on April 19, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2014-0133. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 1200 New
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade William J. Hawn, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
    Under 5 U.S.C. 553(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. The Coast Guard received the
information about the fireworks display on February 27, 2014, and the
fireworks display would occur before the rulemaking process would be
completed. Because of the dangers posed by the pyrotechnics used in
this fireworks display, the safety zone is necessary to provide for the
safety of event participants, spectators, spectator craft, and other
vessels transiting the event area. For the safety concerns noted, it is
in the public interest to have these regulations in effect during the
event.

B. Basis and Purpose

    The legal basis for the rule is 33 U.S.C 1231; 46 U.S.C Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish safety zones.
    Akadama Incorporated will sponsor the Akadama Fireworks Display on
April 19, 2014, at Barbara and Jay Vincent Park near Richmond, CA in
approximate position 37[deg]54'28'' N, 122[deg]21'07'' W (NAD 83) as
depicted in National Oceanic and Atmospheric Administration (NOAA)
Chart 18653. Upon the commencement of the fireworks display, the safety
zone will encompass the navigable waters around the land based launch
site at Barbara and Jay Vincent Park within a radius of 350 feet. The
fireworks display is meant for entertainment purposes. This restricted
area around the launch site is necessary to protect spectators,
vessels, and other property from the hazards associated with the
pyrotechnics.

C. Discussion of the Final Rule

    The Coast Guard will enforce a safety zone in navigable waters
around the land based launch site at Barbara and Jay Vincent Park near
Richmond, CA. Upon the commencement of the 30 minute fireworks display,
scheduled to take place from 8:45 p.m. to 9:15 p.m. on April 19, 2014,
the safety zone will encompass the navigable waters around the
fireworks launch site within a radius 350 feet from position
37[deg]54'28'' N, 122[deg]21'07'' W (NAD 83) for the Akadama Fireworks
Display. At the conclusion of the fireworks display the safety zone
shall terminate.
    The effect of the temporary safety zone will be to restrict
navigation in the vicinity of the launch site until the conclusion of
the scheduled display. Except for persons or vessels authorized by the
Coast Guard Patrol Commander, no person or vessel may enter or remain
in the restricted area. These regulations are needed to keep spectators
and vessels away from the immediate vicinity of the launch site to
ensure the safety of participants, spectators, and transiting vessels.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. The safety zone is
limited in duration, and is limited to a narrowly tailored geographic
area. In addition, although this rule restricts access to the waters
encompassed by the safety zone, the effect of this rule will not be
significant because the local waterway users will be notified via
public Broadcast Notice to Mariners to ensure the safety zone will
result in minimum impact. The entities most likely to be affected are
waterfront facilities, commercial vessels, and pleasure craft engaged
in recreational activities.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    This rule may affect owners and operators of waterfront facilities,
commercial vessels, and pleasure craft engaged in recreational
activities and sightseeing. This safety zone would not have a
significant economic impact on a substantial number of small entities
for the following reasons. This safety zone would be activated, and
thus subject to enforcement, for a limited duration. When the safety
zone is activated, vessel traffic could pass safely around the safety
zone. The maritime public will be advised in advance of this safety
zone via Broadcast Notice to Mariners.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of

power and responsibilities among the various levels of government. We
have analyzed this rule under that Order and determined that this rule
does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves a safety zone of limited size and
duration. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
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
rule.

List of Subjects in 33 CFR Part 165

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

    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. 1231; 46 U.S.C. Chapter 701, 3306, 3707; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

0
2. Add temporary Sec.  165.T11-628 to read as follows:

Sec.  165.T11-628  Safety zone; Akadama Fireworks Display, Richmond
Inner Harbor, Richmond, CA.

    (a) Location. This temporary safety zone is established for the
navigable waters of Richmond Inner Harbor at Barbara and Jay Vincent
Park near Richmond, CA as depicted in National Oceanic and Atmospheric
Administration (NOAA) Chart 18653. The temporary safety zone will
encompass the navigable waters around the fireworks launch site in
approximate position 37[deg]54'28'' N, 122[deg]21'07'' W (NAD 83)
within a radius of 350 feet.
    (b) Enforcement Period. The zone described in paragraph (a) of this
section will be enforced from 8:45 p.m. through 9:15 p.m. on April 19,
2014. The Captain of the Port San Francisco (COTP) will notify the
maritime community of periods during which this zone will be enforced
via Broadcast Notice to Mariners in accordance with 33 CFR 165.7.
    (c) Definitions. As used in this section, ``designated
representative'' means a Coast Guard Patrol Commander, including a
Coast Guard coxswain, petty officer, or other officer on a Coast Guard
vessel or a Federal, State, or local officer designated by or assisting
the COTP in the enforcement of the safety zone.
    (d) Regulations. (1) Under the general regulations in 33 CFR Part
165, Subpart C, entry into, transiting or anchoring within this safety
zone is prohibited unless authorized by the COTP or a designated
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or a designated representative.
    (3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or a designated representative to obtain
permission to do so. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the COTP or a designated representative. Persons and vessels
may request permission to enter the safety zone on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: March 20, 2014.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2014-07924 Filed 4-8-14; 8:45 am]
BILLING CODE 9110-04-P