Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Rules and Regulations 68997 

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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary § 165.T11–606 to 

read as follows: 

§ 165.T11–606 Safety Zone; Vessel 

Removal from the Oakland Estuary, 

Alameda, CA. 

(a) Location. This temporary safety 

zone is established for the navigable 

waters of the Oakland Estuary just north 

of the Park Street Bridge in Alameda, 

California as depicted in National 

Oceanic and Atmospheric 

Administration (NOAA) Chart 18650. 

The safety zone will be enclosed within 

the following points: 37°46′27′′ N, 

122°14′23′′ W; 37°46′23′′ N, 122°14′18′′ 

W; 37°46′20′′ N, 122°14′21′′ W; and 

37°46′24′′ N, 122°14′28′′ W (NAD83). 

(b) Enforcement Period. The zone 

described in paragraph (a) of this 

section will be enforced on November 4, 

2013 from 6 a.m. until 6 p.m. on 

November 5, 2013 and during another 

48-hour period within the effective 

period of this rule that will be 

announced via broadcast. 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 

(415) 399–3547. 

Dated: October 28, 2013. 

Gregory G. Stump, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. 2013–27580 Filed 11–15–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0385; FRL–9902–98- 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Florida; 

Approval of Revision to the State 

Implementation Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is taking final action to 

approve a change to the Florida State 

Implementation Plan (SIP) for the State 

of Florida. The change removes from the 

Florida SIP a provision entitled 

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68998 Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Rules and Regulations 

1Section 110(k)(6) of the Act provides that, 

whenever the Administrator determines that the 

Administrator’s action approving, disapproving, or 

promulgating any plan or plan revision was in 

error, the Administrator may in the same manner 

as the approval, disapproval or promulgation revise 

such action as appropriate without requiring further 

submission from the State. Such determination and 

the basis thereof must be provided to the state and 

public. 

2This state rule was originally numbered 

subsection 17–2.600(13), and was adopted with a 

state effective date of July 9, 1989, for the sole 

purpose of controlling acrylonitrile emissions from 

synthetic organic fiber production facilities in 

northwest Florida. The rule was only concerned 

with emissions of toxic air pollutants and not 

attainment or maintenance of any NAAQS. The rule 

was in an April 15, 1996, SIP submission along 

with all other rules that had been simultaneously 

amended. However, it was not submitted for EPA’s 

approval and incorporation into the SIP. 

3EPA’s records indicate that a November 23, 

1992, SIP revision from Florida was approved on 

October 20, 1994 (59 FR 52916). However, the 

November 23, 1992, SIP did not include a revision 

to incorporate the rule entitled ‘‘Synthetic Organic 

Fiber Production,’’ 62–296.413, F.A.C., into the SIP. 

‘‘Synthetic Organic Fiber Production.’’ 

EPA has determined that this provision 

was erroneously incorporated into the 

SIP. Therefore, EPA is taking final 

action to remove this rule from the 

federally-approved Florida SIP because 

the rule is not related to the attainment 

and maintenance of the national 

ambient air quality standards (NAAQS). 

DATES: This rule will be effective on 

December 18, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2012–0385. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9352. Ms. Bradley can also be 

reached via electronic mail at 

bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. This Action 

II. Background 

III. Final Action 

IV. Statutory and Executive Order Review 

I. This Action 

EPA determined that rule 62–296.413, 

Florida Administrative Code (F.A.C.) 

entitled ‘‘Synthetic Organic Fiber 

Production’’ was inadvertently 

incorporated into the Florida SIP on 

June 16, 1999 (64 FR 32346). Therefore, 

EPA is taking final action to remove rule 

62–296.413, F.A.C. from the federallyapproved Florida SIP pursuant to 

section 110(k)(6) 1 of the Clean Air Act 

(CAA or Act) and to codify this deletion 

by revising the appropriate paragraph 

under 40 CFR part 52, subpart K, section 

52.520(c). EPA proposed approval of 

this correction on June 13, 2013. See 78 

FR 35599. Comments on the proposed 

rulemaking were due on or before July 

15, 2013. No comments, adverse or 

otherwise, were received on EPA’s June 

13, 2013, proposed rulemaking. A 

summary of the background for today’s 

final action is provided below. For 

additional information concerning the 

rationale for today’s final action refer to 

EPA’s June 13, 2013, proposed 

rulemaking. See 78 FR 35599. 

II. Background 

On December 21, 1994, and April 15, 

1996, the State of Florida through the 

Florida Department of Environmental 

Protection provided to EPA SIP 

submissions which included 

miscellaneous revisions and the 

recodification of F.A.C. Rule 62– 

296.413, F.A.C.,2 was part of Florida’s 

recodification and was included in 

these State submittals among other 

changes; however, it was never officially 

submitted for incorporation into the 

SIP.3 When EPA took action on June 16, 

1999 (64 FR 32346) to approve the 

recodification and miscellaneous 

changes and also to revise the format of 

40 CFR part 52 for materials submitted 

by Florida that are incorporated by 

reference into the SIP, EPA 

inadvertently incorporated rule 62– 

296.413, F.A.C., into the regulatory text 

at 40 CFR part 52, subpart K, section 

52.520. EPA has determined that 

approval of rule 62–296.413, F.A.C., 

into the Florida SIP was an error, and 

is, therefore, taking final action to 

remove this rule from the federallyapproved Florida SIP (pursuant to 

section 110(k)(6) of the CAA) because 

the rule is not related to the attainment 

and maintenance of the NAAQS. 

III. Final Action 

For the reasons stated above, EPA is 

taking final action to remove rule 62– 

296.413, F.A.C., from the federallyapproved Florida SIP pursuant to 

section 110(k)(6) of the CAA and to 

codify this deletion by revising the 

appropriate paragraph under 40 CFR 

part 52, subpart K, section 52.520(c). 

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, 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

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Federal Register / Vol. 78, No. 222 / Monday, November 18, 2013 / Rules and Regulations 68999 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 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). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: November 5, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart K—Florida 

■ 2. Section 52.520(c) is amended by 

removing the entry for ‘‘62–296.413’’ 

under Chapter 62–296 ‘‘Stationary 

Sources—Emission Standards.’’ 

[FR Doc. 2013–27443 Filed 11–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2013–0002; Internal 

Agency Docket No. FEMA–8307] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at http://

www.fema.gov/fema/csb.shtm. 

DATES: The effective date of each 

community’s scheduled suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR Part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

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