[Federal Register: July 6, 2007 (Volume 72, Number 129)]
[Rules and Regulations]
[Page 36892-36895]
[DOCID:fr06jy07-14]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52 and 81

[EPA-R03-OAR-2006-0862; FRL-8333-7]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Redesignation of the Tioga County Ozone Nonattainment
Area to Attainment and Approval of the Area's Maintenance Plan and 2002
Base Year Inventory

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision
submitted by the Commonwealth of Pennsylvania. The Pennsylvania
Department of Environmental Protection (PADEP) is requesting that the
Tioga County ozone nonattainment area (Tioga Area) be redesignated as
attainment for the 8-hour ozone ambient air quality standard (NAAQS).
EPA is approving the ozone redesignation request for Tioga Area. In
conjunction with its redesignation request, PADEP submitted a SIP
revision consisting of a maintenance plan for Tioga Area that provides
for continued attainment of the 8-hour ozone NAAQS for at least 10
years after redesignation. EPA is approving the 8-hour maintenance
plan. PADEP also submitted a 2002 base year inventory for the Tioga
Area which EPA is approving. In addition, EPA is approving the adequacy
determination for the motor vehicle emission budgets (MVEBs) that are
identified in the Tioga Area maintenance plan for purposes of
transportation conformity, and is approving those MVEBs. EPA is
approving the redesignation request, and the maintenance plan and the
2002 base year emissions inventory as revisions to the Pennsylvania SIP
in accordance with the requirements of the Clean Air Act (CAA).

DATES: Effective Date: This final rule is effective on July 6, 2007
pursuant to the authority of 5 U.S.C. 553(d)(1).

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2006-0862. All documents in the docket are listed in
the http://www.regulations.gov Web site. Although listed in the

electronic docket, some information is not publicly available, i.e.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through http://www.regulations.gov
 or in hard copy for public inspection 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
Pennsylvania Department of Environment Protection, Bureau of Air
Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 8, 2007 (72 FR 26046), EPA published a notice of proposed
rulemaking (NPR) for the Commonwealth of Pennsylvania. The NPR proposed
approval of Pennsylvania's redesignation request, a SIP revision that
establishes a maintenance plan for the Tioga Area that provides for
continued attainment of the 8-hour ozone NAAQS for at least 10 years
after redesignation, and a 2002 base year emissions inventory. The
formal SIP revisions were submitted by PADEP on September 28, 2006 and
supplemented on November 14, 2006. Other specific requirements of
Pennsylvania's redesignation request SIP revision for the maintenance
plan and the rationales for EPA's proposed actions are explained in the
NPR and will not be restated here. No public comments were received on
the NPR.
    However, on December 22, 2006, the U.S. Court of Appeals for the
District of Columbia Circuit vacated EPA's Phase 1 Implementation Rule
for the 8-hour Ozone Standard. (69 FR 23591, April 30, 2004). South
Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 (D.C. Cir.
2006). On June 8, 2007, in South Coast Air Quality Management Dist. v.
EPA, Docket No. 04-1201, in response to several petitions for
rehearing, the DC Circuit clarified that the Phase 1 Rule was vacated
only with regard to those parts of the rule that had been successfully
challenged. Therefore, the Phase 1 Rule provisions related to
classifications for areas currently classified under subpart 2 of Title
I, part D of the Act as 8-hour nonattainment areas, the 8-hour
attainment dates and the timing for emissions reductions needed for
attainment of the 8-hour ozone NAAQS remain effective. The June 8
decision left intact the Court's

rejection of EPA's reasons for implementing the 8-hour standard in
certain nonattainment areas under subpart 1 in lieu of subpart 2. By
limiting the vacatur, the Court let stand EPA's revocation of the 1-
hour standard and those anti-backsliding provisions of the Phase 1 Rule
that had not been successfully challenged. The June 8 decision
reaffirmed the December 22, 2006 decision that EPA had improperly
failed to retain four measures required for 1-hour nonattainment areas
under the anti-backsliding provisions of the regulations: (1)
Nonattainment area New Source Review (NSR) requirements based on an
area's 1-hour nonattainment classification; (2) Section 185 penalty
fees for the 1-hour severe or extreme nonattainment areas; (3) measures
to be implemented pursuant to section 1729(c)(9) or 182(c)(9) of the
Act, on the contingency of an area not taking reasonable further
progress toward attainment of the 1-hour NAAQS, or for failure to
attain NAAQS; and (4) certain transportation conformity requirements
for certain types of Federal actions. The June 8 decision clarified
that the Court's reference to conformity requirements was limited to
requiring the continued use of the 1-hour motor vehicle emissions
budgets until 8-hour budgets were available for 8-hour conformity
determinations.
    For the reasons set forth in the proposal, EPA does not believe
that the Court's rulings alter any requirements relevant to this
redesignation action so as to preclude redesignation, and do not
prevent EPA from finalizing this redesignation. EPA believes that the
Court's December 22, 2006 and June 8, 2007 decisions impose no
impediment to moving forward with redesignation of this area to
attainment, because even in the light of the Court's decisions,
redesignation is appropriate under the relevant redesignation
provisions of the Act and longstanding policies regarding redesignation
requests.

II. Final Action

    EPA is approving the Commonwealth of Pennsylvania's redesignation
request, maintenance plan, and the 2002 base year emissions inventory
because the requirements for approval have been satisfied. EPA has
evaluated Pennsylvania's redesignation request that was submitted on
September 28, 2006 and determined that it meets the redesignation
criteria set forth in section 107(d)(3)(E) of the CAA. EPA believes
that the redesignation request and monitoring data demonstrate that the
Tioga Area has attained the 8-hour ozone standard. The final approval
of this redesignation request will change the designation of the Tioga
Area from nonattainment to attainment for the 8-hour ozone standard.
EPA is approving the maintenance plan for the Tioga Area submitted on
September 28, 2006 as a revision to the Pennsylvania SIP. EPA is also
approving the MVEBs submitted by PADEP in conjunction with its
redesignation request. In addition, EPA is approving the 2002 base year
emissions inventory submitted by PADEP on September 28, 2006 and
supplemented on November 14, 2006 as a revision to the Pennsylvania
SIP. In this final rulemaking, EPA is notifying the public that we have
found that the MVEBs for NOX and VOCs in the Tioga Area for
the 8-hour ozone maintenance plan are adequate and approved for
conformity purposes. As a result of our finding, the Tioga Area must
use the MVEBs from the submitted 8-hour ozone maintenance plan for
future conformity determinations. The adequate and approved MVEBs are
provided in the following table:

  Adequate and Approved Motor Vehicle Emissions Budgets in Tons per Day
                                  (tpd)
------------------------------------------------------------------------
                      Budget year                         NOX      VOC
------------------------------------------------------------------------
2009..................................................      3.4      2.2
2018..................................................      1.6      1.3
------------------------------------------------------------------------

The Tioga Area is subject to the CAA's requirement for the basic
nonattainment areas until and unless it is redesignated to attainment.

III. Statutory and Executive Order Reviews

A. General Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4). This rule also does not
have tribal implications because it will 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,
as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132 (64 FR 43255, August 10, 1999).
This action merely approves a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act.
    This rule also is not subject to Executive Order 13045 ``Protection
of Children from Environmental Health Risks and Safety Risks'' (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

B. Submission to Congress and the Comptroller General

    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. EPA will submit a report containing this
rule 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. This rule is
not a ``major rule'' as defined by 5 U.S.C. 804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 4, 2007. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action, approving the redesignation of the Tioga
Area to attainment for the 8-hour ozone NAAQS, the associated
maintenance plan, the 2002 base year emission inventory, and the MVEBs
identified in the maintenance plan, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Nitrogen dioxide,
Ozone, Reporting and recordkeeping requirements, Volatile organic
compounds.

40 CFR Part 81

    Air pollution control, National parks, Wilderness areas.

    Dated: June 25, 2007.
Donald S. Welsh,
Regional Administrator, Region III.

0
40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for the 8-hour Ozone Maintenance Plan and the 2002 Base Year
Emissions Inventory for Tioga County, Pennsylvania at the end of the
table to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (e) * * *
    (1)* * *

----------------------------------------------------------------------------------------------------------------
   Name of non-regulatory SIP        Applicable        State submittal                            Additional
            revision               geographic area          date          EPA approval date       explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
8-Hour Ozone Maintenance Plan    Tioga County......  09/28/06, 11/14/06  07/06/07 [Insert
 and 2002 Base Year Emissions                                             page number where
 Inventory.                                                               the document
                                                                          begins].
----------------------------------------------------------------------------------------------------------------

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

0
4. In Sec.  81.339, the table entitled ``Pennsylvania--Ozone (8-Hour
Standard)'' is amended by revising the entry for the Tioga Co., PA,
Tioga County to read as follows:

Sec.  81.339  Pennsylvania.

* * * * *

                                               Pennsylvania--Ozone
                                                [8-Hour Standard]
----------------------------------------------------------------------------------------------------------------
                                               Designation \a\                    Category/classification
         Designated area          ------------------------------------------------------------------------------
                                     Date\1\               Type              Date \1\             Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Tioga Co., PA: Tioga County......     07/06/07         Attainment.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Includes Indian County located in each county or area, except otherwise noted.
\1\ This date is June 15, 2004, unless otherwise noted.

* * * * *
 [FR Doc. E7-12849 Filed 7-5-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 54 (Tuesday, March 20, 2012)]
[Notices]
[Page 16221]
[FR Doc No: 2012-6646]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission hereby gives notice that
members of the Commission's staff may attend the following meetings
related to the transmission planning activities of the Midwest
Independent Transmission System Operator, Inc. (MISO):
    Planning Advisory Committee--March 21, 2012.
    RECB Task Force--March 22, 2012.
    Order 1000--Right of First Refusal Task Team--March 23, 2012.
    The above-referenced meeting will be held at: MISO Headquarters,
720 City Center Drive, Carmel, IN 46032.
    The above-referenced meeting is open to the public.
    Further information may be found at www.misoenergy.org.
    The discussions at the meeting described above may address matters
at issue in the following proceedings:

Docket No. ER12-715, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-480, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER12-309, Midwest Independent Transmission System Operator,
Inc.
Docket No. ER11-1844, Midwest Independent Transmission System Operator,
Inc.
Docket No. EL11-56, FirstEnergy Service Company.
Docket No. EL11-30, E.ON Climate & Renewables North America, LLC v.
Midwest Independent Transmission System Operator, Inc.
Docket No. OA08-53, Midwest Independent Transmission System Operator,
Inc.

    For more information, contact Christopher Miller, Office of Energy
Markets Regulation, Federal Energy Regulatory Commission at (317) 249-
5936 or<EMAIL_ADDRESS>
    Dated: March 14, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-6646 Filed 3-19-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Notices]
[Pages 62232-62233]
[FR Doc No: 2021-24425]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-029, OMB Control No. 3235-0037]

Proposed Collection; Comment Request

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

Extension:
    Rule 17f-1(c) and Form X-17F-1A

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17f-1(c) (17 CFR
240.17f-1(c) and Form X-17F-1A (17 CFR 249.100) under the Securities
Exchange Act of 1934 (15 U.S.C. 78a et seq.). The Commission plans to
submit this existing collection of information to the Office of
Management and Budget (``OMB'') for extension and approval.
    Rule 17f-1(c) requires approximately 10,100 entities in the
securities industry to report lost, stolen, missing, or counterfeit
securities certificates to the Commission or its designee, to a
registered transfer agent for the issue, and, when criminal activity is
suspected, to the Federal Bureau of Investigation. Such entities are
required to use Form X-17F-1A to make such reports. Filing these
reports fulfills a statutory requirement that reporting institutions
report and inquire about missing, lost, counterfeit, or stolen
securities. Since these reports are compiled in a central database, the
rule facilitates reporting institutions to access the database that
stores information for the Lost and Stolen Securities Program.
    We estimate that 10,100 reporting institutions will report that
securities are either missing, lost, counterfeit, or stolen annually
and that each reporting institution will submit this report 30 times
each year. The staff estimates that the average amount of time
necessary to comply with Rule 17f-1(c) and Form X-17F-1A is five
minutes. The total burden is approximately 25,250 hours annually for
all respondents (10,100 times 30 times 5 divided by 60).
    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's

estimates of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: David Bottom, Director/
Chief Information Officer, Securities and Exchange Commission, c/o John
R. Pezzullo, 100 F Street NE, Washington, DC 20549, or send an email
to: [email protected].

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-24425 Filed 11-8-21; 8:45 am]
BILLING CODE 8011-01-P


Responses to requests for public records shall be made promptly by agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives. Within five business days of receiving a public record request, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives must respond by either (1) providing the record; (2) providing an internet address and link on the agency's web site to the specific records requested, except that if the requester notifies the agency that he or she cannot access the records through the internet, then the agency must provide copies of the record or allow the requester to view copies using an agency computer; (3) acknowledging that the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives has received the request and providing a reasonable estimate of the time the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives will require to respond to the request; or (4) denying the public record request. Additional time required to respond to a request may be based upon the need to clarify the intent of the request, to locate and assemble the information requested, to notify third persons or agencies affected by the request, or to determine whether any of the information requested is exempt and that a denial should be made as to all or part of the request. In acknowledging receipt of a public record request that is unclear, an agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives may ask the requestor to clarify what information the requestor is seeking. If the requestor fails to clarify the request, the agency, the office of the secretary of the senate, or the office of the chief clerk of the house of representatives need not respond to it. Denials of requests must be accompanied by a written statement of the specific reasons therefor. Agencies, the office of the secretary of the senate, and the office of the chief clerk of the house of representatives shall establish mechanisms for the most prompt possible review of decisions denying inspection, and such review shall be deemed completed at the end of the second business day following the denial of inspection and shall constitute final agency action or final action by the office of the secretary of the senate or the office of the chief clerk of the house of representatives for the purposes of judicial review.
[ 2010 c 69 § 2; 1995 c 397 § 15; 1992 c 139 § 6; 1975 1st ex.s. c 294 § 18; 1973 c 1 § 32 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.320.]
NOTES:
Finding -- 2010 c 69: "The internet provides for instant access to public records at a significantly reduced cost to the agency and the public. Agencies are encouraged to make commonly requested records available on agency web sites. When an agency has made records available on its web site, members of the public with computer access should be encouraged to preserve taxpayer resources by accessing those records online." [ 2010 c 69 § 1.]

42.56.530
Review of agency denial.
Whenever a state agency concludes that a public record is exempt from disclosure and denies a person opportunity to inspect or copy a public record for that reason, the person may request the attorney general to review the matter. The attorney general shall provide the person with his or her written opinion on whether the record is exempt.
Nothing in this section shall be deemed to establish an attorney-client relationship between the attorney general and a person making a request under this section.
[ 1992 c 139 § 10. Formerly RCW 42.17.325.]

42.56.540
Court protection of public records.
The examination of any specific public record may be enjoined if, upon motion and affidavit by an agency or its representative or a person who is named in the record or to whom the record specifically pertains, the superior court for the county in which the movant resides or in which the record is maintained, finds that such examination would clearly not be in the public interest and would substantially and irreparably damage any person, or would substantially and irreparably damage vital governmental functions. An agency has the option of notifying persons named in the record or to whom a record specifically pertains, that release of a record has been requested. However, this option does not exist where the agency is required by law to provide such notice.
[ 1992 c 139 § 7; 1975 1st ex.s. c 294 § 19; 1973 c 1 § 33 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.330.]

42.56.550
Judicial review of agency actions.
(1) Upon the motion of any person having been denied an opportunity to inspect or copy a public record by an agency, the superior court in the county in which a record is maintained may require the responsible agency to show cause why it has refused to allow inspection or copying of a specific public record or class of records. The burden of proof shall be on the agency to establish that refusal to permit public inspection and copying is in accordance with a statute that exempts or prohibits disclosure in whole or in part of specific information or records.
(2) Upon the motion of any person who believes that an agency has not made a reasonable estimate of the time that the agency requires to respond to a public record request, the superior court in the county in which a record is maintained may require the responsible agency to show that the estimate it provided is reasonable. The burden of proof shall be on the agency to show that the estimate it provided is reasonable.
(3) Judicial review of all agency actions taken or challenged under RCW 42.56.030 through 42.56.520 shall be de novo. Courts shall take into account the policy of this chapter that free and open examination of public records is in the public interest, even though such examination may cause inconvenience or embarrassment to public officials or others. Courts may examine any record in camera in any proceeding brought under this section. The court may conduct a hearing based solely on affidavits.
(4) Any person who prevails against an agency in any action in the courts seeking the right to inspect or copy any public record or the right to receive a response to a public record request within a reasonable amount of time shall be awarded all costs, including reasonable attorney fees, incurred in connection with such legal action. In addition, it shall be within the discretion of the court to award such person an amount not to exceed one hundred dollars for each day that he or she was denied the right to inspect or copy said public record.
(5) For actions under this section against counties, the venue provisions of RCW 36.01.050 apply.
(6) Actions under this section must be filed within one year of the agency's claim of exemption or the last production of a record on a partial or installment basis.
[ 2011 c 273 § 1. Prior: 2005 c 483 § 5; 2005 c 274 § 288; 1992 c 139 § 8; 1987 c 403 § 5; 1975 1st ex.s. c 294 § 20; 1973 c 1 § 34 (Initiative Measure No. 276, approved November 7, 1972). Formerly RCW 42.17.340.]
NOTES:
Intent -- Severability -- 1987 c 403: See notes following RCW 42.56.050.
Application of chapter 300, Laws of 2011: See note following RCW 42.56.565.

42.56.560
Application of RCW 42.56.550.
The procedures in RCW 42.56.550 govern denials of an opportunity to inspect or copy a public record by the office of the secretary of the senate or the office of the chief clerk of the house of representatives.
[ 2005 c 274 § 289; 1995 c 397 § 16. Formerly RCW 42.17.341.]

42.56.565
Inspection or copying by persons serving criminal sentences -- Injunction.
(1) A court shall not award penalties under RCW 42.56.550(4) to a person who was serving a criminal sentence in a state, local, or privately operated correctional facility on the date the request for public records was made, unless the court finds that the agency acted in bad faith in denying the person the opportunity to inspect or copy a public record.
(2) The inspection or copying of any nonexempt public record by persons serving criminal sentences in state, local, or privately operated correctional facilities may be enjoined pursuant to this section.
(a) The injunction may be requested by: (i) An agency or its representative; (ii) a person named in the record or his or her representative; or (iii) a person to whom the requests specifically pertains or his or her representative.
(b) The request must be filed in: (i) The superior court in which the movant resides; or (ii) the superior court in the county in which the record is maintained.
(c) In order to issue an injunction, the court must find that:
(i) The request was made to harass or intimidate the agency or its employees;
(ii) Fulfilling the request would likely threaten the security of correctional facilities;
(iii) Fulfilling the request would likely threaten the safety or security of staff, inmates, family members of staff, family members of other inmates, or any other person; or
(iv) Fulfilling the request may assist criminal activity.
(3) In deciding whether to enjoin a request under subsection (2) of this section, the court may consider all relevant factors including, but not limited to:
(a) Other requests by the requestor;
(b) The type of record or records sought;
(c) Statements offered by the requestor concerning the purpose for the request;
(d) Whether disclosure of the requested records would likely harm any person or vital government interest;
(e) Whether the request seeks a significant and burdensome number of documents;
(f) The impact of disclosure on correctional facility security and order, the safety or security of correctional facility staff, inmates, or others; and
(g) The deterrence of criminal activity.
(4) The motion proceeding described in this section shall be a summary proceeding based on affidavits or declarations, unless the court orders otherwise. Upon a showing by a preponderance of the evidence, the court may enjoin all or any part of a request or requests. Based on the evidence, the court may also enjoin, for a period of time the court deems reasonable, future requests by:
(a) The same requestor; or
(b) An entity owned or controlled in whole or in part by the same requestor.
(5) An agency shall not be liable for penalties under RCW 42.56.550(4) for any period during which an order under this section is in effect, including during an appeal of an order under this section, regardless of the outcome of the appeal.
[ 2011 c 300 § 1; 2009 c 10 § 1.]
NOTES:
Application -- 2011 c 300: "This act applies to all actions brought under RCW 42.56.550 in which final judgment has not been entered as of July 22, 2011." [ 2011 c 300 § 2.]
Effective date -- 2009 c 10: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 20, 2009]." [ 2009 c 10 § 2.]

42.56.570
Explanatory pamphlet.
(1) The attorney general's office shall publish, and update when appropriate, a pamphlet, written in plain language, explaining this chapter.
(2) The attorney general, by February 1, 2006, shall adopt by rule an advisory model rule for state and local agencies, as defined in RCW 42.56.010, addressing the following subjects:
(a) Providing fullest assistance to requestors;
(b) Fulfilling large requests in the most efficient manner;
(c) Fulfilling requests for electronic records; and
(d) Any other issues pertaining to public disclosure as determined by the attorney general.
(3) The attorney general, in his or her discretion, may from time to time revise the model rule.
[ 2007 c 197 § 8. Prior: 2005 c 483 § 4; 2005 c 274 § 290; 1992 c 139 § 9. Formerly RCW 42.17.348.]

42.56.580
Public records officers.
(1) Each state and local agency shall appoint and publicly identify a public records officer whose responsibility is to serve as a point of contact for members of the public in requesting disclosure of public records and to oversee the agency's compliance with the public records disclosure requirements of this chapter. A state or local agency's public records officer may appoint an employee or official of another agency as its public records officer.
(2) For state agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance with the public records disclosure requirements of this chapter shall be published in the state register at the time of designation and maintained thereafter on the code reviser web site for the duration of the designation.
(3) For local agencies, the name and contact information of the agency's public records officer to whom members of the public may direct requests for disclosure of public records and who will oversee the agency's compliance within the public records disclosure requirements of this chapter shall be made in a way reasonably calculated to provide notice to the public, including posting at the local agency's place of business, posting on its internet site, or including in its publications.
[ 2007 c 456 § 6; 2005 c 483 § 3. Formerly RCW 42.17.253.]

42.56.590
Personal information -- Notice of security breaches.
(1)(a) Any agency that owns or licenses data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of this state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person and the personal information was not secured. Notice is not required if the breach of the security of the system is not reasonably likely to subject consumers to a risk of harm. The breach of secured personal information must be disclosed if the information acquired and accessed is not secured during a security breach or if the confidential process, encryption key, or other means to decipher the secured information was acquired by an unauthorized person.
(b) For purposes of this section, "agency" means the same as in RCW 42.56.010.
(2) Any agency that maintains data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person.
(3) The notification required by this section may be delayed if the data owner or licensee contacts a law enforcement agency after discovery of a breach of the security of the system and a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation.
(4) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system when the personal information is not used or subject to further unauthorized disclosure.
(5) For purposes of this section, "personal information" means an individual's first name or first initial and last name in combination with any one or more of the following data elements:
(a) Social security number;
(b) Driver's license number or Washington identification card number; or
(c) Full account number, credit or debit card number, or any required security code, access code, or password that would permit access to an individual's financial account.
(6) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.
(7) For purposes of this section, "secured" means encrypted in a manner that meets or exceeds the national institute of standards and technology (NIST) standard or is otherwise modified so that the personal information is rendered unreadable, unusable, or undecipherable by an unauthorized person.
(8) For purposes of this section and except under subsections (9) and (10) of this section, notice may be provided by one of the following methods:
(a) Written notice;
(b) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. Sec. 7001; or
(c) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, or that the affected class of subject persons to be notified exceeds five hundred thousand, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following:
(i) Email notice when the agency has an email address for the subject persons;
(ii) Conspicuous posting of the notice on the agency's web site page, if the agency maintains one; and
(iii) Notification to major statewide media.
(9) An agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this section is in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system.
(10) A covered entity under the federal health insurance portability and accountability act of 1996, 42 U.S.C. Sec. 1320d et seq., is deemed to have complied with the requirements of this section with respect to protected health information if it has complied with section 13402 of the federal health information technology for economic and clinical health act, Public Law 111-5 as it existed on July 24, 2015. Covered entities shall notify the attorney general pursuant to subsection (14) of this section in compliance with the timeliness of notification requirements of section 13402 of the federal health information technology for economic and clinical health act, Public Law 111-5 as it existed on July 24, 2015, notwithstanding the notification requirement in subsection (15) of this section.
(11) Any waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(12)(a) Any individual injured by a violation of this section may institute a civil action to recover damages.
(b) Any agency that violates, proposes to violate, or has violated this section may be enjoined.
(c) The rights and remedies available under this section are cumulative to each other and to any other rights and remedies available under law.
(13) Any agency that is required to issue notification pursuant to this section shall meet all of the following requirements:
(a) The notification must be written in plain language; and
(b) The notification must include, at a minimum, the following information:
(i) The name and contact information of the reporting agency subject to this section;
(ii) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach;
(iii) The toll-free telephone numbers and addresses of the major credit reporting agencies if the breach exposed personal information.
(14) Any agency that is required to issue a notification pursuant to this section to more than five hundred Washington residents as a result of a single breach shall, by the time notice is provided to affected individuals, electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the attorney general. The agency shall also provide to the attorney general the number of Washington residents affected by the breach, or an estimate if the exact number is not known.
(15) Notification to affected individuals and to the attorney general must be made in the most expedient time possible and without unreasonable delay, no more than forty-five calendar days after the breach was discovered, unless at the request of law enforcement as provided in subsection (3) of this section, or due to any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
[ 2015 c 64 § 3; 2007 c 197 § 9; 2005 c 368 § 1. Formerly RCW 42.17.31922.]
NOTES:
Intent -- 2015 c 64: See note following RCW 19.255.010.
Similar provision: RCW 19.255.010.

42.56.600
Mediation communications.
Records of mediation communications that are privileged under chapter 7.07 RCW are exempt from disclosure under this chapter.
[ 2006 c 209 § 15.]

42.56.610
Certain information from dairies and feedlots limited -- Rules.
The following information in plans, records, and reports obtained by state and local agencies from dairies, animal feeding operations, and concentrated animal feeding operations, not required to apply for a national pollutant discharge elimination system permit is disclosable only in ranges that provide meaningful information to the public while ensuring confidentiality of business information regarding: (1) Number of animals; (2) volume of livestock nutrients generated; (3) number of acres covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields. The department of agriculture shall adopt rules to implement this section in consultation with affected state and local agencies.
[ 2005 c 510 § 5. Formerly RCW 42.17.31923.]

42.56.615
Enumeration data used by the office of financial management for population estimates.
Actual enumeration data collected under RCW 35.13.260, 35A.14.700, 36.13.030, and chapter 43.62 RCW shall be used and retained only by the office of financial management and only for the purposes of RCW 35.13.260, 35A.14.700, 36.13.030, and chapter 43.62 RCW. The enumeration data collected is confidential, is exempt from public inspection and copying under this chapter, and in accordance with RCW 43.41.435, must be destroyed after it is used.
[ 2014 c 14 § 1.]

42.56.620
Marijuana research licensee reports.
Reports submitted by marijuana research licensees in accordance with rules adopted by the state liquor and cannabis board under RCW 69.50.372 that contain proprietary information are exempt from disclosure under this chapter.
[ 2015 2nd sp.s. c 4 § 1504; 2015 c 71 § 4.]
NOTES:
Findings -- Intent -- Effective dates -- 2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

42.56.625
Medical marijuana authorization database.
Records in the medical marijuana authorization database established in RCW 69.51A.230 containing names and other personally identifiable information of qualifying patients and designated providers are exempt from disclosure under this chapter.
[ 2015 c 70 § 22.]
NOTES:
Effective date -- 2015 c 70 §§ 21, 22, 32, and 33: See note following RCW 69.51A.230.
Short title -- Findings -- Intent -- References to Washington state liquor control board -- Draft legislation -- 2015 c 70: See notes following RCW 66.08.012.

42.56.630
Registration information of members of cooperatives to produce and process medical marijuana.
(1) Registration information submitted to the state liquor and cannabis board under RCW 69.51A.250 including the names of all participating members of a cooperative, copies of each member's recognition card, location of the cooperative, and other information required for registration by the state liquor and cannabis board is exempt from disclosure under this chapter.
(2) The definitions in this section apply throughout this section unless the context clearly requires otherwise.
(a) "Cooperative" means a cooperative established under RCW 69.51A.250 to produce and process marijuana only for the medical use of members of the cooperative.
(b) "Recognition card" has the same meaning as provided in RCW 69.51A.010.
[ 2015 2nd sp.s. c 4 § 1002.]
NOTES:
Findings -- Intent -- Effective dates -- 2015 2nd sp.s. c 4: See notes following RCW 69.50.334.

42.56.640
Vulnerable individuals, in-home caregivers for vulnerable populations.
(1) Sensitive personal information of vulnerable individuals and sensitive personal information of in-home caregivers for vulnerable populations is exempt from inspection and copying under this chapter.
(2) The following definitions apply to this section:
(a) "In-home caregivers for vulnerable populations" means: (i) Individual providers as defined in RCW 74.39A.240, (ii) home care aides as defined in RCW 18.88B.010, and (iii) family child care providers as defined in RCW 41.56.030.
(b) "Sensitive personal information" means names, addresses, GPS [global positioning system] coordinates, telephone numbers, email addresses, social security numbers, driver's license numbers, or other personally identifying information.
(c) "Vulnerable individual" has the meaning set forth in RCW 9.35.005.
[2017 c 4 § 8 (Initiative Measure No. 1501, approved November 8, 2016).]
NOTES:
Intent -- 2017 c 4 §§ 8, 10, and 11 (Initiative Measure No. 1501): "It is the intent of part three of this act to protect seniors and vulnerable individuals from identity theft and other financial crimes by preventing the release of public records that could be used to victimize them. Sensitive personal information about in-home caregivers for vulnerable populations is protected because its release could facilitate identity crimes against seniors, vulnerable individuals, and other vulnerable populations that these caregivers serve." [2017 c 4 § 7 (Initiative Measure No. 1501, approved November 8, 2016).]
Short title -- Intent -- Construction -- 2017 c 4 (Initiative Measure No. 1501): See notes following RCW 9.35.005.

42.56.645
Release of public information -- 2017 c 4 (Initiative Measure No. 1501).
[(1)] Nothing in chapter 4, Laws of 2017 shall prevent the release of public information in the following circumstances:
(a) The information is released to a governmental body, including the state's area agencies on aging, and the recipient agrees to protect the confidentiality of the information;
(b) The information concerns individuals who have been accused of or disciplined for abuse, neglect, exploitation, abandonment, or other acts involving the victimization of individuals or other professional misconduct;
(c) The information is being released as part of a judicial or quasi-judicial proceeding and subject to a court's order protecting the confidentiality of the information and allowing it to be used solely in that proceeding;
(d) The information is being provided to a representative certified or recognized under RCW 41.56.080, or as necessary for the provision of fringe benefits to public employees, and the recipient agrees to protect the confidentiality of the information;
(e) The disclosure is required by federal law;
(f) The disclosure is required by a contract between the state and a third party, and the recipient agrees to protect the confidentiality of the information;
(g) The information is released to a person or entity under contract with the state to manage, administer, or provide services to vulnerable residents, or under contract with the state to engage in research or analysis about state services for vulnerable residents, and the recipient agrees to protect the confidentiality of the information; or
(h) Information about specific public employee(s) is released to a bona fide news organization that requests such information to conduct an investigation into, or report upon, the actions of such specific public employee(s).
(2) Nothing in chapter 4, Laws of 2017 shall prevent an agency from providing contact information for the purposes of RCW 74.39A.056(3) and 74.39A.250. Nothing in chapter 4, Laws of 2017 shall prevent an agency from confirming the licensing or certification status of a caregiver on an individual basis to allow consumers to ensure the licensing or certification status of an individual caregiver.
[2017 c 4 § 11 (Initiative Measure No. 1501, approved November 8, 2016).]
NOTES:
Intent -- 2017 c 4 §§ 8, 10, and 11 (Initiative Measure No. 1501): See note following RCW 42.56.640.
Short title -- Intent -- Construction -- 2017 c 4 (Initiative Measure No. 1501): See notes following RCW 9.35.005.

42.56.900
Purpose -- 2005 c 274 §§ 402-429.
The purpose of sections 402 through 429 of this act is to reorganize the public inspection and copying exemptions in *RCW 42.17.310 through 42.17.31921 by creating smaller, discrete code sections organized by subject matter. The legislature does not intend that this act effectuate any substantive change to any public inspection and copying exemption in the Revised Code of Washington.
[ 2005 c 274 § 401.]
NOTES:
*Reviser's note: The substance of RCW 42.17.310 through 42.17.31921 was recodified in chapter 42.56 RCW. See the Comparative Table in the Table of Disposition of Former RCW Sections.

42.56.901
Part headings not law -- 2005 c 274.
Part headings used in this act are not any part of the law.
[ 2005 c 274 § 501.]

42.56.902
Effective date -- 2005 c 274.
This act takes effect July 1, 2006.
[ 2005 c 274 § 502.]

42.56.903
Effective date -- 2006 c 209.
This act takes effect July 1, 2006.
[ 2006 c 209 § 17.]

42.56.904
Intent -- 2007 c 391.
It is the intent of the legislature to clarify that no reasonable construction of chapter 42.56 RCW has ever allowed attorney invoices to be withheld in their entirety by any public entity in a request for documents under that chapter. It is further the intent of the legislature that specific descriptions of work performed be redacted only if they would reveal an attorney's mental impressions, actual legal advice, theories, or opinions, or are otherwise exempt under chapter 391, Laws of 2007 or other laws, with the burden upon the public entity to justify each redaction and narrowly construe any exception to full disclosure. The legislature intends to clarify that the public's interest in open, accountable government includes an accounting of any expenditure of public resources, including through liability insurance, upon private legal counsel or private consultants.
[ 2007 c 391 § 1.]
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[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Page 54905]
[FR Doc No: 2013-21757]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4137-DR; Docket ID FEMA-2013-0001]

South Dakota; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of South Dakota (FEMA-4137-DR), dated August 2, 2013, and
related determinations.

DATES: Effective Date: August 27, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of South Dakota is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of August 2, 2013.

    Spink County for Public Assistance.
    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-21757 Filed 9-5-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 57 (Friday, March 23, 2018)]
[Rules and Regulations]
[Pages 12665-12667]
[FR Doc No: 2018-05922]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2018-0125]
RIN 1625-AA00

Safety Zone: Pier 39 Fireworks Display, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone
in the navigable waters of the San Francisco Bay near Pier 39 in
support of the Pier 39 Fireworks Display on March 24, 2018. This safety
zone is established to ensure the safety of participants and spectators
from the dangers associated with 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 from 11:00 a.m. to 9:15 p.m. on March 24,
2018.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2018-0125. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Junior Grade Emily Rowan, U.S. Coast Guard
Sector San Francisco; telephone<PHONE_NUMBER> or email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

APA Administrative Procedure Act
COTP U.S. Coast Guard Captain on the Port
DHS Department of Homeland Security
FR Federal Register
NOAA National Oceanic and Atmospheric Administration
NPRM Notice of proposed rulemaking
PATCOM U.S. Coast Guard Patrol Commander
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule. Since the Coast Guard received notice of
this event on February 22, 2018, notice and comment procedures would be
impracticable in this instance.
    For similar reasons as those stated above, 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.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port (COTP) San Francisco has determined that
potential hazards associated with the planned fireworks display on
March 24, 2018, will be a safety concern for anyone within a 100-foot
radius of the fireworks barge and anyone within a 420-foot radius of
the fireworks firing site. This rule is needed to protect spectators,
vessels, and other property from hazards associated with pyrotechnics.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone during the loading
and transit of the fireworks barge, until after completion of the
fireworks display. During the loading of the pyrotechnics, onto the
fireworks barge, scheduled to take place from 11:00 a.m. to 5:00 p.m.
on March 24, 2018, at Pier 50 in San Francisco, CA the safety zone will
encompass the navigable waters around and under the fireworks barge
within a radius of 100 feet.
    The fireworks barge will remain at Pier 50 until the start of its
transit to the display location. Towing of the barge from Pier 50 to
the display location is scheduled to take place from 7:00 p.m. to 7:45
p.m. on March 24, 2018 where it will remain until the conclusion of the
fireworks display.
    At 8:00 p.m. on March 24, 2018, 30 minutes prior to the
commencement of the 12-minute fireworks display, the safety zone will
increase in size and encompass the navigable water around and under the
fireworks barge within a radius of 420 feet in approximate position
37[deg]48'47'' N, 122[deg]24'44'' W (NAD 83) for the Pier 39 Fireworks
Display. The safety zone shall terminate at 9:15 p.m. on March 24,
2018.
    The effect of the temporary safety zone is to restrict navigation
in the vicinity of the fireworks loading, transit, and firing site.
Except for persons or vessels authorized by the COTP or the COTP's
designated representative, no person or vessel may enter or remain in
the restricted areas. These regulations are needed to keep spectators
and vessels away from the immediate vicinity of the fireworks firing
sites to ensure the safety of participants, spectators, and transiting
vessels.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs'') directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
    We expect the economic impact of this rule will not rise to the
level of necessitating a full Regulatory Evaluation. This regulatory
action determination is based on the size, location, duration of the
safety zone. The size of the zone is the minimum necessary to provide
adequate protection for the waterways users, adjoining areas, and the
public. This zone is of limited duration and is the minimum necessary
to provide adequate protection for the waterways users, adjoining
areas, and the public. The Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone and the rule

allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator. Under section 213(a) of the Small Business
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want
to assist small entities in understanding this rule. If the rule would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will 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 rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 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 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 is categorically excluded from further review under paragraph
L60(c) of Section L of the Department of Homeland Security Instruction
Manual 023-01-001-01 (series). An environmental analysis checklist
supporting this determination and Record of Environmental Consideration
(REC) 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.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, 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; 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. Add Sec.  165.T11-919 to read as follows:

Sec.  165.T11-919  Safety Zone; Pier 39 Fireworks Display, San
Francisco Bay, San Francisco, CA.

    (a) Location. The following area is a safety zone: All navigable
waters of the San Francisco Bay within 100 feet of the fireworks barge
during loading at Pier 50, as well as transit and arrival at Pier 39 in
San Francisco, CA. From 11:00 a.m. until approximately 5:00 p.m. on
March 24, 2018, the fireworks barge will be loading at Pier 50 in San
Francisco, CA. The safety zone will expand to all navigable waters
around and under the firework barge within a radius of 420 feet in
approximate position 37[deg]48'47'' N, 122[deg]24'44'' W (NAD 83), 30
minutes prior to the start of the 12 minute fireworks display,
scheduled to begin at 8:30 p.m. on March 24, 2018.
    (b) Enforcement period. The zone described in paragraph (a) of this
section will be enforced from 11:00 a.m. until approximately 9:15 p.m.
March 24, 2018. The Captain of the Port San Francisco (COTP) will
notify the maritime community of periods during which these zones will
be enforced via Broadcast Notice to Mariners.
    (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 the COTP's
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 zones on VHF-23A or through
the 24-hour Command Center at telephone<PHONE_NUMBER>.

    Dated: March 19, 2018.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 2018-05922 Filed 3-22-18; 8:45 am]
 BILLING CODE 9110-04-P