62572 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

10. Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

11. Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

12. Energy Effects 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use. 

13. Technical Standards 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

14. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have determined that this action is one 

of a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves the 

establishment of a security zone and, 

therefore it 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 record keeping 

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.T09–0916 to read as 

follows: 

§ 165.T09–0916 Security Zone; Cruise Ship 

HAMBURG, Lake Michigan, Milwaukee, WI 

and Chicago, IL. 

(a) Location. All waters of Lake 

Michigan within a 500-yard radius of 

the Cruise Ship HAMBURG. 

(b) Effective and enforcement period. 

This rule is effective from 5 p.m. on 

October 1, 2014 until 12:01 a.m. on 

October 31, 2014. This rule will be 

enforced intermittently with actual 

notice between October 1, 2014 and 

October 4, 2014 and between October 

11, 2014 and October 27, 2014. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.33 of this part, entry 

into this zone is prohibited, unless 

authorized by the U.S. Coast Guard 

Captain of the Port Lake Michigan or an 

on-scene representative. Other general 

requirements in § 165.33 also apply. 

(2) 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 her behalf. 

(3) Vessel operators desiring to enter 

or operate within the security zone shall 

contact the Captain of the Port Lake 

Michigan or an on-scene representative 

to obtain permission to do so. The 

Captain of the Port Lake Michigan or her 

on-scene representative may be 

contacted via VHF Channel 16. Vessel 

operators given permission to enter or 

operate in the security zone must 

comply with all directions given to 

them by the Captain of the Port Lake 

Michigan, or an on-scene representative. 

Dated: October 1, 2014. 

A.B. Cocanour, 

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

Port, Lake Michigan. 

[FR Doc. 2014–24917 Filed 10–17–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0448; FRL–9918–18– 

Region–7] 

Air Quality State Implementation 

Plans; Approval and Promulgation: 

Missouri; 2013 State Implementation 

Plan for the 2008 Lead Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the State 


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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations 62573 

Implementation Plan (SIP) for the State 

of Missouri. This final action will 

approve Missouri’s SIP for the lead 

National Ambient Air Quality Standard 

(NAAQS) nonattainment area of 

Herculaneum, Missouri. EPA proposed 

approval of this plan on July 24, 2014. 

The applicable standard addressed in 

this action is the lead NAAQS 

promulgated by EPA in 2008. EPA 

believes Missouri’s SIP satisfies the 

applicable requirements of the Clean Air 

Act (CAA) identified in EPA’s 2008 

Final Rule and will bring the area into 

attainment of the 0.15 micrograms per 

cubic meter (ug/m3) lead NAAQS in the 

Herculaneum, Missouri area. 

In this action, EPA is also finalizing 

its approval of a revision to the Missouri 

SIP related to the 2007 Consent 

Judgment which was previously 

approved into the Missouri SIP for the 

1978 lead NAAQS. 

DATES: This final rule is effective on 

November 19, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2014–0448. 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., 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 

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: 

Stephanie Doolan, Environmental 

Protection Agency, Air Planning and 

Development Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219 at 

913–551–7719, or by email at 

doolan.stephanie@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. EPA’s Response to Comments 

IV. What action is EPA taking? 

I. What is being addressed in this 

document? 

In this document, EPA is granting 

final approval of Missouri’s SIP for the 

lead NAAQS nonattainment area of 

Herculaneum, Missouri. The applicable 

standard addressed in this action is the 

lead NAAQS promulgated by EPA in 

2008 (73 FR 66964). EPA is also granting 

final approval to a revision to the 

Missouri SIP related to the 2007 

Consent Judgment which was 

previously approved in the Missouri SIP 

as for the 1978 lead NAAQS (77 FR 

9529, February 17, 2012). EPA’s 

proposal containing the background 

information for this action can be found 

at 79 FR 42991, July 24, 2014. 

II. Have the requirements for approval 

of a SIP revision been met? 

The state submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. In addition, as 

explained above and in more detail in 

the technical support document which 

is part of this document, the revision 

meets the substantive SIP requirements 

of the CAA, including Section 110 and 

implementing regulations. 

III. EPA’s Response to Comments 

The public comment period on EPA’s 

proposed rule opened July 24, 2014, the 

date of its publication in the Federal 

Register, and closed on August 25, 

2014. During this period, EPA received 

one comment. 

Comment 1: The commenter notes 

that the modeling shows that Missouri’s 

SIP will bring the area into attainment. 

The commenter states that should lead 

concentration measurements show that 

the SIP is not producing the modeled 

reductions in lead (or better) that the 

commenter would no longer support the 

strategy and suggests that at that time a 

revised plan be created and 

implemented. 

Response 1: EPA agrees that the 

modeling shows that Missouri’s SIP will 

bring the area into attainment. EPA 

notes that if the measures in the SIP are 

not maintaining attainment of the lead 

NAAQS that the SIP includes 

contingency measures that will be 

implemented to ensure additional 

reductions are achieved and that the 

area maintains the NAAQS. The 

contingency measures are described in 

detail in the proposal to this action 79 

FR 42991. If implementation of the 

contingency measures does not bring 

the area back into attainment, section 

110 of the CAA authorizes EPA to take 

appropriate action to ensure the area 

will attain and maintain the 2008 lead 

NAAQS. 

IV. What action is EPA taking? 

EPA is taking final action to amend 

the Missouri SIP to approve Missouri’s 

SIP for the lead NAAQS nonattainment 

area of Herculaneum, Missouri. The 

applicable standard addressed in this 

action is the lead NAAQS promulgated 

by EPA in 2008 (73 FR 66964). EPA is 

also granting final approval to a revision 

to the Missouri SIP related to the 2007 

Consent Judgment which was 

previously approved in the Missouri SIP 

for the 1978 lead NAAQS (77 FR 9529, 

February 17, 2012). 

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’’ under the terms of Executive 

Order 12866 (58 FR 51735, October 4, 

1993) and is therefore not subject to 

review under Executive Orders 12866 

and 13563 (76 FR 3821, January 21, 

2011). 

• 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 


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62574 Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations 

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 

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 December 19, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 29, 2014. 

Becky Weber, 

Acting Regional Administrator, Region 7. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 52 as set 

forth below: 

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 AA—Missouri 

■ 2. In § 52.1320: 

■ a. Amend the table in paragraph (d) by 

adding two entries at the end of the 

table in numerical order; and 

■ b. Amend the table in paragraph (e) by 

adding an entry at the end of the table 

in numerical order. 

The amendments read as follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(d) * * * 

EPA-APPROVED MISSOURI SOURCE-SPECIFIC PERMITS AND ORDERS

Name of source Order/permit number State effective 

date 

EPA approval 

date Explanation 

*******

(27) Doe Run Herculaneum, MO .. Consent Judgment Modification 

07JE–CC00552; 

10/19/11 10/20/14 and [Insert Federal 

Register citation].

Modification to section 2.B.1. of 

the 2007 Consent Judgment. 

(28) Doe Run Herculaneum, MO .. Consent Judgment 13JE– 

CC00557.

6/19/13 10/20/14 and [Insert Federal 

Register citation].

* * * * * (e) * * * 

EPA-APPROVED MISSOURI NONREGULATORY SIP PROVISIONS

Name of nonregulatory SIP provision Applicable geographic or nonattainment 

area 

State submittal 

date EPA approval date Explanation 

*******

(62) Implementation Plan for the 2008 

Lead NAAQS.

City of Herculaneum, MO ........................... 4/18/13 10/20/14 and [Insert 

Federal Register 

citation].


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Federal Register / Vol. 79, No. 202 / Monday, October 20, 2014 / Rules and Regulations 62575 

[FR Doc. 2014–24759 Filed 10–17–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 100120037–1626–02] 

RIN 0648–XD549 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2014 

Accountability Measures and Closure 

for Commercial Wrasses in the U.S. 

Caribbean Off Puerto Rico 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; accountability 

measure. 

SUMMARY: NMFS implements 

accountability measures (AMs) for 

commercial wrasses in the exclusive 

economic zone of the U.S. Caribbean 

(EEZ) off Puerto Rico for the 2014 

fishing year through this temporary rule. 

NMFS has determined that the 

commercial annual catch limit (ACL) for 

wrasses off Puerto Rico, as estimated by 

the Science and Research Director 

(SRD), was exceeded based on average 

landings during the 2011–2012 fishing 

years. This temporary rule reduces the 

length of the 2014 commercial fishing 

season for wrasses off Puerto Rico by the 

amount necessary to ensure that 

landings do not exceed the commercial 

ACL in 2014. NMFS implements AMs 

and closes the commercial sector for 

wrasses off Puerto Rico at 12:01 a.m., 

local time, on October 20, 2014, through 

the end of the fishing year, December 

31, 2014. These AMs are necessary to 

protect the Caribbean wrasses resource. 

DATES: The AMs for commercial wrasses 

in the EEZ off Puerto Rico are effective 

12:01 a.m., local time, October 20, 2014, 

until 12:01 a.m., local time, January 1, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

William S. Arnold, telephone: 727–824– 

5305, email: Bill.Arnold@noaa.gov. 

SUPPLEMENTARY INFORMATION: The reef 

fish fishery of the Caribbean, which 

includes wrasses (i.e., hogfish 

(Lachnolaimus maximus), puddingwife 

(Halichoeres radiatus), and Spanish 

hogfish (Bodianus rufus)), is managed 

under the Fishery Management Plan for 

the Reef Fish Fishery of Puerto Rico and 

the U.S. Virgin Islands (FMP). The FMP 

was prepared by the Caribbean Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. The ACLs specified 

in this temporary rule are given in 

round weight. 

The commercial ACL for wrasses in 

the Puerto Rico management area is 

54,147 lb (24,561 kg), as specified at 50 

CFR 622.12(a)(1)(i)(L). 

In accordance with regulations at 50 

CFR 622.12(a), if landings from a 

Caribbean island management area, as 

specified in Appendix E to part 622, are 

estimated by the SRD to have exceeded 

the applicable ACL, the Assistant 

Administrator for Fisheries, NOAA, 

(AA), will file a notification with the 

Office of the Federal Register to reduce 

the length of the fishing season for the 

applicable species or species groups that 

year by the amount necessary to ensure 

landings do not exceed the applicable 

ACL, as specified at 50 CFR 622.12(a)(1) 

for Puerto Rico management area 

species or species groups. Landings will 

be evaluated relative to the applicable 

ACL based on a moving multi-year 

average of landings, as described in the 

FMP. The most recent data is from the 

2011 and 2012 fishing years. Data from 

2013 are not available at this time. 

Therefore, NMFS has determined the 

commercial ACL for wrasses based on 

2011–2012 data has been exceeded. This 

temporary rule implements AMs for the 

commercial sector for wrasses to reduce 

the 2014 fishing season to ensure 

landings do not exceed the commercial 

ACL for wrasses in the 2014 fishing 

year. The 2014 fishing season for the 

commercial sector for wrasses in or from 

the Puerto Rico management area of the 

EEZ ends at 12:01 a.m., local time, on 

October 20, 2014. The 2015 fishing 

season begins 12:01 a.m., local time, 

January 1, 2015. 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of wrasses in the U.S. 

Caribbean off Puerto Rico and is 

consistent with the Magnuson-Stevens 

Act, the FMP, and other applicable 

laws. 

This action is taken under 50 CFR 

622.12(a) and is exempt from review 

under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA (AA), finds good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the rules 

implementing the ACLs and AMs for 

these species and species groups have 

been subject to notice and comment, 

and all that remains is to notify the 

public that the ACLs were exceeded and 

that the AMs for wrasses are being 

implemented for the 2014 fishing year. 

Allowing prior notice and opportunity 

for public comment is contrary to the 

public interest because of the need to 

immediately implement this action to 

protect the wrasses resource. The 

capacity of the fishing fleet allows for 

rapid harvest of the ACL and prior 

notice and opportunity for public 

comment would result in a harvest well 

in excess of the established commercial 

ACL. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 15, 2014. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2014–24924 Filed 10–16–14; 11:15 am] 

BILLING CODE 3510–22–P 


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