Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 21137 

or mooring facility, along with the 

following information: 

(A) Date and time of entry and 

departure; and 

(B) The names of any hazardous cargo 

which the vessel is carrying. 

(6) The person in charge of a facility 

shall ensure continuous visual 

surveillance of all vessels at the facility. 

(7) The person who observes the 

vessels shall: 

(i) Inspect for movements that are 

unusual for properly secured vessels; 

and 

(ii) Take immediate action to correct 

each deficiency. 

(f) Mooring Requirements. Facility 

owners shall consider all requirements 

within this section as minimum 

standards. Title 33 CFR 165.803, United 

Facilities Criteria (UFC) 4–159 and 

American Society of the Civil Engineers 

(ASCE)7 should be utilized by 

Professional Engineers in the 

certification of the Annual Hurricane 

Operations Plan. 

(1) No person may secure a vessel to 

trees or to other vegetation. 

(2) No person may allow a vessel to 

be moored with unraveled or frayed 

lines or other defective or worn 

mooring. 

(3) No person may moor barges side 

to side unless they are secured to each 

other from fittings as close to each 

corner of abutting sides as practicable. 

(4) No person may moor barges end to 

end unless they are secured to each 

other from fittings as close to each 

corner of abutting ends as practicable. 

(5) A vessel may be moored to 

mooring devices if both ends of that 

vessel are secured to mooring devices. 

(6) Barges may be moored in tiers if 

each shoreward barge is secured to 

mooring devices at each end. 

(7) A vessel must be secured as near 

as practicable to each abutting corner 

by: 

(i) Three parts of wire rope of at least 

11⁄4 inch diameter with an eye at each 

end of the rope passed around the 

timberhead, caval, or button; 

(ii) A mooring of natural or synthetic 

fiber rope that has at least the breaking 

strength of three parts of 11⁄4 inch 

diameter wire rope; or 

(iii) Fixed rigging that is at least 

equivalent to three parts of 11⁄4 inch 

diameter wire rope. 

(8) The person in charge shall ensure 

that all mooring devices, wires, chains, 

lines and connecting gear are of 

sufficient strength and in sufficient 

number to withstand forces that may be 

exerted on them by moored vessels/

barges. 

(g) Towboat Requirements. The 

person in charge of a fleeting or mooring 

facility must ensure: 

(1) Each facility consisting of eight or 

more vessels that are not under their 

own power must be attended by at least 

one radar-equipped towboat for every 50 

vessels. 

(2) Each towboat required must be: 

(i) Able to secure any breakaways; 

(ii) Capable of safely withdrawing or 

moving any vessel at the fleeting or 

mooring facility; 

(iii) Immediately operational; 

(iv) Radio-equipped; 

(v) No less than 800 horsepower; 

(vi) Within 500 yards of the vessels. 

(3) The person in charge of each 

towboat required must maintain a 

continuous guard on the frequency 

specified by current Federal 

Communications Commission 

regulations found in 47 CFR part 83; a 

continuous watch on the vessels moored 

at facility; and report any breakaway as 

soon as possible to the COTP via 

telephone, radio or other means of rapid 

communication. 

(h) Transient vessels will not be 

permitted to seek safe haven in the RNA 

except in accordance with a prearranged 

agreement between the vessel and a 

facility within the RNA. 

(i) Penalties. Failure to comply with 

this section may result in civil or 

criminal penalties pursuant to the Ports 

and Waterways Safety Act, 33 U.S.C. 

1221 et seq. 

Dated: April 1, 2014. 

K.S. Cook, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2014–08265 Filed 4–14–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2013–0672; FRL–9909–43- 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to the State 

Implementation Plan (SIP) submitted by 

the State of Missouri for the purpose of 

incorporating administrative changes to 

the Missouri rule entitled ‘‘Municipal 

Solid Waste Landfills’’. EPA is 

approving this SIP revision based on 

EPA’s finding that the rule is as 

stringent as the rule it replaces and 

fulfills the requirements of the Clean Air 

Act (CAA or Act) for the protection of 

the ozone National Ambient Air Quality 

Standards (NAAQS) in St. Louis. 

DATES: This direct final rule will be 

effective June 16, 2014, without further 

notice, unless EPA receives adverse 

comment by May 15, 2014. If EPA 

receives adverse comment, we will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2013–0672, by one of the 

following methods: 

1. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Email: Bernstein.craig@epa.gov. 

3. Mail or Hand Delivery: Craig 

Bernstein, Environmental Protection 

Agency, Air Planning and Development 

Branch, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2013– 

0672. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 


ehiers on DSK2VPTVN1PROD with RULES
21138 Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

11201 Renner Boulevard, Lenexa, 

Kansas 66219. The Regional Office’s 

official hours of business are Monday 

through Friday, 8:00 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Craig Bernstein, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7688, or by email at 

Bernstein.craig@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is EPA taking? 

I. What is being addressed in this 

document? 

EPA is approving a revision to the 

State Implementation Plan (SIP) 

submitted by the State of Missouri for 

the purpose of incorporating 

administrative changes to the Missouri 

rule entitled ‘‘Municipal Solid Waste 

Landfills’’ rule, 10 CSR 10–5.490. This 

revision updates the rule to maintain 

consistency with the Federal 

requirements, corrects typographical 

errors, includes formatting changes, and 

corrects inconsistencies from previous 

final rule actions. Missouri’s request to 

move definitions to rule 10 CSR 10– 

6.020 ‘‘Definitions and Common 

Reference Tables’’ will be addressed in 

a separate rulemaking action. 

Specifically, the State of Missouri 

made the following changes in rule 10 

CSR 10–5.490 ‘‘Municipal Solid Waste 

Landfills’’. Subsections (1)(B) and (1)(C) 

were amended to add and correct legal 

citations. Subsection (1)(D) was added 

to match the text of 40 CFR 60, subpart 

Cc. Section (2) was amended to move all 

definitions to Missouri rule 10 CSR 10– 

6.020 which will be addressed in a 

separate action. Section (3) was 

amended and sections (4) through (7) 

were amended and renumbered to 

match the format of rule 10 CSR 10– 

6.310 ‘‘Restriction of Emissions from 

Municipal Solid Waste Landfills’’ and 

text of 40 CFR 60, subpart WWW, and 

correct legal citations. Subpart (3)(C) 

was added to incorporate by reference 

parts of the Code of Federal Regulations. 

Section (4) was added to match rule 10 

CSR 10–6.310 and the most current 40 

CFR 60, subpart WWW. Sections (9) and 

(10) were added to match rule 10 CSR 

10–6.310 and the text of 40 CFR 60, 

subpart WWW. 

In a separate action being published 

in today’s Federal Register, EPA is 

taking action to approve Missouri’s state 

plan for designated facilities for 

Municipal Solid Waste Landfills under 

CAA 111(d) authority. This separate 

action pertains to Missouri rules 10 CSR 

10–5.490 and 10 CSR 10–6.310. 

II. Have the requirements for approval 

of a SIP revision been met? 

The Missouri Air Conservation 

Commission adopted these actions on 

February 12, 2012, after considering 

comments received at public hearing. 

The rule became effective on May 30, 

2012. The commission has full legal 

authority to develop rules pursuant to 

Section 643.050 of the Missouri Air 

Conservation Law. The state followed 

all applicable administrative procedures 

in proposing and adopting the rule 

actions. 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfies the 

completeness criteria of 40 CFR part 51, 

appendix V. In addition the revision 

meets the substantive SIP requirements 

of the CAA, including section 110 and 

implementing regulations. 

III. What action is EPA taking? 

EPA is approving the revision to the 

SIP submitted by the State of Missouri 

for the purpose of incorporating 

administrative changes to the 

‘‘Municipal Solid Waste Landfills’’ rule 

10 CSR 10–5.490. EPA is approving this 

SIP revision based on EPA’s finding that 

the rule is as stringent as the rule it 

replaces and fulfills the requirements of 

the CAA. 

EPA is publishing this rule without a 

prior proposed rule because we view 

this as a noncontroversial action and 

anticipate no adverse comment because 

the revisions are administrative and 

consistent with Federal regulations. 

However, in the ‘‘Proposed Rules’’ 

section of today’s Federal Register, we 

are publishing a separate document that 

will serve as the proposed rule to 

approve the SIP revision. If EPA 

receives adverse comments on this 

direct final rule, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

direct final rule will not take effect. We 

would address all public comments in 

any subsequent final rule based on the 

proposed rule. 

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 

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 


ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 72 / Tuesday, April 15, 2014 / Rules and Regulations 21139 

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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by June 16, 2014. Filing a 

petition for reconsideration by the 

Administrator of this direct 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. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: April 3, 2014. 

Karl Brooks, 

Regional Administrator, Region 7. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart AA—Missouri 

■ 2. In § 52.1320 the table in paragraph 

(c) is amended by revising the entry for 

10–5.490 as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri citation Title State effective 

date EPA Approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

*******

10–5.490 ...................................... Municipal Solid Waste Landfills. .. 5/30/12 4/15/14 insert FEDERAL

REGISTER page number 

where the document begins].

*******

* * * * * 

[FR Doc. 2014–08338 Filed 4–14–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2014–0145; FRL–9909–53– 

Region 6] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Clean Data Determination 

for the Baton Rouge Area for the 2008 

Ozone National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) has determined that the 

Baton Rouge, Louisiana marginal 2008 

8-hour ozone nonattainment area is 

currently attaining the 2008 8-hour 

National Ambient Air Quality Standard 

(NAAQS) for ozone. This determination 

is based upon complete, quality assured, 

certified ambient air monitoring data 

that show the area has monitored 

attainment of the 2008 8-hour ozone 

NAAQS during the 2011–2013 

monitoring period, and continues to 


ehiers on DSK2VPTVN1PROD with RULES