Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 60225 

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, 

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. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 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 § 165.T09–0868 to read as 

follows: 

§ 165.T09–0868 Safety Zone; Motion 

Picture Stunt Work and Filming; Chicago, 

IL. 

(a) Safety Zones. The following are 

designated as safety zones: 

(1) All waters of Lake Michigan, 

Calumet Harbor, west of an imaginary 

line connecting 41°44′29.4′′ N, 

087°31′33.9′′ W and 41°44′21′′ N, 

087°31′47.12′′ W (NAD 83). 

(2) All waters of the South Branch of 

the Chicago River from position 

41°52′19.03′′ N, 087°38′08.7′′ W, then 

approximately 1380 yards south to 

position 41°51′36.5′′ N, 087°38′04.7′′ W 

(NAD 83). 

(3) All waters of the Chicago River 

from an imaginary line connecting 

positions 41°53′11.6′′ N, 087°38′20.5′′ W 

and 41°53′14.0′′ N, 087°38′17.2′′ W, then 

east to the North Orleans Street Bridge 

in position 41°53′15.84′′ N, 

087°38′09.16′′ W, then south along the 

south branch of the river to the vicinity 

of the West Van Buren Street Bridge in 

position 41°52′36.4′′ N, 087°38′15.8′′ W 

(NAD 83). 

(4) All waters of the Chicago River 

from the West Lake Street Bridge in 

position 41°53′8.6′′ N, 087°38′15.9′′ W, 

then north to an imaginary line 

connecting positions 41°53′11.6′′ N, 

087°38′20.5′′ W and 41°53′14.0′′ N, 

087°38′17.2′′ W, then east along the 

main branch of the river to a position of 

41°53′19′′ N, 087°36′33′′ W (NAD 83) in 

the vicinity of the North Lake Shore 

Drive Bridge. 

(5) All waters of the Chicago Sanitary 

and Ship Canal within a 1,000 foot 

radius of a position at 41°50′28.5′′ N, 

087°40′22.7′′ W (NAD 83) in the vicinity 

of the South Damen Avenue bridge. 

(b) Effective and Enforcement Period. 

These zones are effective from 6 a.m. on 

October 1 until 12 a.m. on October 31, 

2013. This rule will be enforced from 6 

a.m. to 12 a.m. on intermittent dates 

between October 1 through October 31, 

2013. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within 

these safety zones is prohibited unless 

authorized by the Captain of the Port, 

Lake Michigan or his designated onscene representative. 

(2) These safety zones are closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Lake Michigan or his designated onscene representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port, Lake Michigan 

is any Coast Guard commissioned, 

warrant or petty officer who has been 

designated by the Captain of the Port, 

Lake Michigan to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zones shall 

contact the Captain of the Port, Lake 

Michigan or his on-scene representative 

to obtain permission to do so. The 

Captain of the Port, Lake Michigan or 

his on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the safety zones must comply 

with all directions given to them by the 

Captain of the Port, Lake Michigan, or 

his on-scene representative. 

Dated: September 24, 2013. 

M.W. Sibley, 

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

Port, Lake Michigan. 

[FR Doc. 2013–23861 Filed 9–30–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0955; FRL–9901–40– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware, District of Columbia, 

Maryland, Pennsylvania, Virginia, and 

West Virginia; Removal of Obsolete 

Regulations and Updates to Citations 

to State Regulations Due to 

Recodification; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule; correction. 

SUMMARY: This document contains a 

correction to the direct final rule, which 

was published on Thursday, June 6, 

2013. The regulations related to removal 

of over fifty rules in the Code of Federal 

Regulations (CFR) for Delaware, the 

District of Columbia, Maryland, 

Pennsylvania, Virginia, and West 

Virginia because they are unnecessary 

or obsolete. Errors in the amendatory 

instruction are identified and corrected 

in this action. 

DATES: Effective October 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Harold A. Frankford, (215) 814–2108, or 

by email at frankford.harold@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In a direct final rule published on 

June 6, 2013 (78 FR 33977), Amendatory 

Instruction Number 33 for § 52.2063 was 

incorrectly stated. This document 

corrects this amendatory instruction and 

set-out text to read as follows: 

Need for Correction 

As published, the final regulations 

contain an error in the amendatory 

instruction and set-out text: 

List of Subjects in 40 CFR part 52 

Air pollution control, Carbon 

monoxide, Environmental Protection 

Agency, Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Accordingly, 40 CFR part 52 is 

corrected by making the following 

correcting amendment: 

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. 

§ 52.2063 Original identification of plan 

section. 

■ 2. Section 52.2063 is revised to read 

as follows:’’ 

(a) This section identifies the original 

‘‘Air Implementation Plan for the 

Commonwealth of Pennsylvania’’ and 

all revisions submitted by Pennsylvania 

that were federally approved prior to 

February 10, 2005. The information in 

this section is available in the 40 CFR, 

part 52, Volume 2 of 2 (§§ 52.1019 to the 

end of part 52) editions revised as of 

July 1, 2005 through July 1, 2011, and 

the 40 CFR, part 52, Volume 3 of 3 

(§§ 52.2020 to the end of part 52) edition 

revised as of July 1, 2012. 

(b) [Reserved] 


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60226 Federal Register / Vol. 78, No. 190 / Tuesday, October 1, 2013 / Rules and Regulations 

1The penalties referenced in this rule refer to 

statutorily enacted amounts. In 2007, the Agency 

amended 49 CFR part 386, Appendix B to increase 

Dated: September 12, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–23792 Filed 9–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 350, 381, 383, 384, 385, 

386, 387, and 392 

RIN 2126–AB60 

Amendments To Implement Certain 

Provisions of the Moving Ahead for 

Progress in the 21st Century Act 

(MAP–21) 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: The Federal Motor Carrier 

Safety Administration (FMCSA) adopts, 

as final, certain regulations required by 

the Moving Ahead for Progress in the 

21st Century surface transportation 

reauthorization legislation. The majority 

of these statutory changes went into 

effect on October 1, 2012, while others 

will go into effect on October 1, 2013. 

It is necessary to make conforming 

changes to ensure that FMCSA’s 

regulations are current and consistent 

with the applicable statutes. Adoption 

of the rules is a nondiscretionary 

ministerial action that can be taken 

without issuing a notice of proposed 

rulemaking and receiving public 

comment, in accordance with the good 

cause exception available to Federal 

agencies under the Administrative 

Procedure Act (APA). 

DATES: Effective Date: This final rule is 

effective Tuesday, October 1, 2013. 

Petitions for Reconsideration must be 

received by the Agency no later than 

December 2, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Genevieve Sapir, Office of Chief 

Counsel, Regulatory Affairs Division 

(MC–CCR), Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; by 

telephone at (202) 366–7056, or by 

electronic mail at genevieve.sapir@

dot.gov. If you have questions regarding 

the docket, call Ms. Barbara Hairston, 

Docket Operations, telephone 202–366– 

3024. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose and Summary of the Major 

Provisions 

This rule makes nondiscretionary 

ministerial changes to FMCSA 

regulations that are required by MAP– 

21. 

Benefits and Costs 

The rule provisions considered both 

individually and in the aggregate do not 

rise to the level of economic 

significance. The only costs associated 

with this rule arise out of 49 U.S.C. 

32918(a), which requires brokers and 

freight forwarders to provide evidence 

of minimum financial security in the 

amount of $75,000. The annual overall 

cost of this new requirement is 

approximately $15.9 million. 

Legal Basis for the Rulemaking 

This rule is based on the MAP–21 Act 

(Pub. L. 112–141, 126 Stat. 405, July 6, 

2012). Certain provisions of MAP–21 

made mandatory, non-discretionary 

changes to FMCSA programs. The 

majority of these statutory changes went 

into effect on October 1, 2012, while 

others will go into effect on October 1, 

2013. It is necessary to make conforming 

changes to ensure that FMCSA’s 

regulations are current and consistent 

with the applicable statutes. 

The provisions implemented in this 

final rule in Title 49, United States Code 

(U.S.C.) are from the following sections 

of MAP–21: 

1. Section 32102 Safety Fitness of New 

Operators 

2. Section 32108 Increased Penalties for 

Operating Without Registration 

3. Section 32110 Revocation of Registration 

and Other Penalties for Failure To 

Respond to Subpoena 

4. Section 32111 Fleetwide Out of Service 

Order for Operating Without Required 

Registration 

5. Section 32203 State Reporting of Foreign 

Commercial Driver Convictions 

6. Section 32204 Authority To Disqualify 

Foreign Commercial Drivers 

7. Section 32205 Revocation of Foreign 

Motor Carrier Operating Authority for 

Failure To Pay Civil Penalties 

8. Section 32307 Employer Responsibilities 

9. Section 32501 Inspection Demand and 

Display of Credentials 

10. Section 32503 Penalties for Violation of 

Operation Out of Service Orders 

11. Section 32505 Increased Penalties for 

Evasion of Regulations 

12. Section 32506 Violations Relating to 

Commercial Motor Vehicle Safety 

Regulation and Operators 

13. Section 32507 Emergency 

Disqualification for Imminent Hazard 

14. Section 32601 Motor Carrier Safety 

Assistance Program 

15. Section 32913 Waivers, Exemptions, 

and Pilot Programs 

16. Section 32918 Financial Security of 

Brokers and Freight Forwarders 

17. Section 33010 Civil Penalties 

FMCSA is authorized to implement 

these statutory provisions by delegation 

from the Secretary of Transportation in 

49 CFR 1.87. 

Generally, agencies may promulgate 

final rules only after issuing a notice of 

proposed rulemaking and providing an 

opportunity for public comment under 

procedures required by the APA, as 

provided in 5 U.S.C. 553(b) and (c). The 

APA, in 5 U.S.C. 553(b)(3)(B), provides 

an exception from these requirements 

when notice and public comment 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ FMCSA finds that notice and 

comment is unnecessary prior to 

adoption of each provision in this final 

rule because the changes to regulations 

are statutorily mandated by Congress, 

and the Agency is performing a 

nondiscretionary, ministerial act. 

Therefore, the Agency may adopt this 

rule without issuing a notice of 

proposed rulemaking and receiving 

public comment, in accordance with the 

APA. For these same reasons, the rule 

will be effective on October 1, 2013, the 

day many of these statutory changes go 

into effect. 

MAP–21 Provisions Implemented by the 

Final Rule 

The Federal Motor Carrier Safety 

Regulations amended by this final rule 

encompass diverse subject areas. Those 

amendments are explained below. 

Section 32102—Safety Fitness of New 

Operators 

Previously, 49 U.S.C. 31144 required 

new entrant motor carriers to undergo a 

safety review within 18 months of 

beginning operations. Section 32102 of 

MAP–21 changed that time period to 12 

months for property carriers and 120 

days for passenger carriers. This final 

rule amends 49 CFR 385.3 and 49 CFR 

part 385, Appendix A(I)(a), to change 

references from an 18-month safety 

review to 12-month and 120-day safety 

reviews. 

Section 32108—Increased Penalties for 

Operating Without Registration 

Previously, 49 U.S.C. 14901(a) set the 

civil penalty for violating the Agency’s 

reporting, recordkeeping, and 

registration requirements at $500, 

except for violations of passenger carrier 

registration requirements, which were 

set at $2,000.1 MAP–21 Section 32108 


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