Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68463 

Coast Guard plans to provide 

notification of this enforcement period 

via the Local Notice to Mariners. 

Dated: September 27, 2023. 

Jordan M. Baldueza, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port San Francisco. 

[FR Doc. 2023–21977 Filed 10–3–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[USCG–2023–0812] 

RIN 1625–AA00 

Safety Zone, Upper Mississippi River 

MM 660.5–659.5, Lansing, Iowa 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters in the Upper 

Mississippi River at Mile Marker (MM) 

660.5 through 659.5. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from all 

potential hazards associated with the 

implosion of the Lansing Power Station. 

Entry of vessels or persons into this 

zone is prohibited unless specifically 

authorized by the Captain of the Port 

Sector Upper Mississippi River (COTP) 

or a designated representative. 

DATES: This rule is effective without 

actual notice from October 4, 2023 

through October 27, 2023. For the 

purposes of enforcement, actual notice 

will be used from September 29, 2023 

until October 4, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0812 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Nathaniel Dibley, Sector 

Upper Mississippi River Waterways 

Management Division, U.S. Coast 

Guard; telephone 314–269–2560, email 

Nathaniel.D.Dibley@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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 because a 

temporary safety zone must be 

established immediately to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by the use of explosives for the 

implosion of the power plant and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

It is impracticable to publish an NPRM 

because we must establish this safety 

zone by September 29, 2023. 

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. Delaying the effective date of 

this rule would be impracticable 

because action is needed to respond to 

the potential safety hazards associated 

the use of explosives for the implosion 

of the Lansing Power Station starting 

September 29, 2023. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Upper 

Mississippi River (COTP) has 

determined that potential hazards 

associated with the use of explosions for 

the implosion of the Lansing Power 

Plant will be a safety concern for anyone 

operating or transiting within the Upper 

Mississippi River from MM 660.5 

through 659.5. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while the 

implosion is being conducted. 

IV. Discussion of the Rule 

The implosion event will be occurring 

on two dates in which explosives will 

be used on an implosion of the Lansing 

Power Plant located between MM 

660.5–659.5 beginning September 29, 

2023. The safety zone is designed to 

protect waterway users until work is 

complete. 

No vessel or person will be permitted 

to enter the safety zone without 

obtaining permission from the COTP or 

a designated representative. A 

designated representative is a 

commissioned, warrant, or petty officer 

of the U.S. Coast Guard (USCG) assigned 

to units under the operational control of 

USCG Sector Upper Mississippi River. 

To seek permission to enter, contact the 

COTP or a designated representative via 

VHF–FM channel 16, or through USCG 

Sector Upper Mississippi River at 314– 

269–2332. Persons and vessels 

permitted to enter the safety zone must 

comply with all lawful orders or 

directions issued by the COTP or 

designated representative. The COTP or 

a designated representative will inform 

the public of the effective period for the 

safety zone as well as any changes in the 

dates and times of enforcement, as well 

as reductions in the size of the safety 

zone through Local Notice to Mariners 

(LNMs), Broadcast Notices to Mariners 

(BNMs), and/or Safety Marine 

Information Broadcast (SMIB), as 

appropriate. 

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 

Executive Orders 12866 and 13563 

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. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. The safety 

zone would impact a small designated 

area located on the Upper Mississippi 

River at MM 660.5–659.5, near Lansing, 

IA. The Safety Zone is expected to be 

active only during the implosion events, 

from September 29 until October 27, 

2023. Vessel traffic will be able to safely 

transit around this safety zone when the 

safety zone is not enforced. 


lotter on DSK11XQN23PROD with RULES1
68464 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 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 because the zone will be 

enforced only when work is being 

conducted. 

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 call or email 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. 

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 an 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 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), 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 involves a safety 

zone encompassing the width of the 

Upper Mississippi River at MM 660.5– 

659.5. It is categorically excluded from 

further review under paragraph L60(a) 

of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. A Record of Environmental 

Consideration supporting this 

determination is available in the docket. 

For instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email 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 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0812 to read as 

follows: 

§ 165.T08–0812 Safety Zone; Upper 

Mississippi River, Mile Markers 660.5–659.5, 

Lansing, IA 

(a) Location. The following area is a 

safety zone: all navigable waters within 

Upper Mississippi River, Mile Markers 

660.5–659.5, Lansing, IA. 

(b) Enforcement period. This section 

will be subject to enforcement from 

September 29, 2023, through October 

27, 2023. 

(c) Regulations. (1) In accordance with 

the general safety zone regulations in 

§ 165.23, entry of persons or vessels into 

this safety zone described in paragraph 

(a) of this section is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Upper Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or a designated 

representative via VHF–FM channel 16, 

or through USCG Sector Upper 

Mississippi River at 314–269–2332. 

Persons and vessels permitted to enter 

the safety zone must comply with all 

lawful orders or directions issued by the 

COTP or designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement, as well as reductions in 

size or scope of the safety zone through 

Local Notice to Mariners (LNMs), 

Broadcast Notices to Mariners (BNMs), 


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Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Rules and Regulations 68465 

1EPA notes that the February 3, 2022, submittal 

was received by EPA on February 4, 2022. For 

clarity, EPA will refer to this submittal based on the 

date of the letter. 

2EPA notes that under the February 3, 2022, 

cover letter, SC DHEC also submitted updates to the 

following State Regulations: 61–62.60, South 

Carolina Designated Facility Plan and New Source 

Performance Standards; Regulation 61–62.63, 

National Emission Standards for Hazardous Air 

Pollutants (NESHAPs) for Source Categories; and 

Regulation 61–62.70, Title V Operating Permit 

Program. However, South Carolina explains in the 

February 3, 2022, cover letter that these regulations 

are not part of the SIP, and they are not being 

requested for approval by EPA into the South 

Carolina SIP at this time. 

3South Carolina’s February 3, 2022, cover letter 

additionally references a June 21, 2021, withdrawal 

letter, which was sent to EPA while the Agency was 

in the process of approving the State’s last update 

to the NSR regulations into the SIP. In the February 

3, 2022, letter, SC DHEC confirms that the intention 

of the June 21, 2021, withdrawal letter remains the 

same and that it is not requesting EPA to approve 

the Ethanol Rule provisions, found in Regulation 

61–62.5, Standard No. 7.1, at this time. 

4Following the July 26, 2022, NPRM, EPA 

approved portions of South Carolina’s PSD and 

NNSR regulations, including changes to reflect the 

regulation of greenhouse gases (GHGs) pursuant to 

the Tailoring Rule and updates promulgated in the 

recent NSR Corrections Rule, on August 23, 2023. 

See 88 FR 57358 (August 23, 2023). At that time, 

EPA took no action on the PEA provisions in 

paragraphs (A)(2)(d)(vi) and (A)(2)(d)(vii) of South 

Carolina’s Regulation 61–62.5, Standard No. 7— 

Prevention of Significant Deterioration, the PEA 

provisions in paragraphs (A)(8) and (A)(9) of South 

Carolina’s Regulation 61–62.5, Standard No. 7.1— 

Nonattainment New Source Review, and the 

portions of paragraphs (A)(11)(t) and (B)(22)(c)(xx) 

related to the Ethanol Rule Provisions found in 

Regulation 61–62.5, Standard No. 7.1. 

5Some States, including South Carolina, choose 

to meet minimum PSD requirements within 40 CFR 

51.166 by adopting language within the Federal 

PSD plan codified at 40 CFR 52.21. 

6 88 FR at 74893. 

and/or Safety Marine Information 

Broadcast (SMIB) as appropriate. 

Dated: September 27, 2023. 

A.R. Bender, 

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

Port Sector Upper Mississippi River. 

[FR Doc. 2023–21885 Filed 10–3–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2022–0397; FRL–10011– 

03–R4] 

Air Plan Approval; South Carolina: 

New Source Review Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision submitted by the State of South 

Carolina, through the South Carolina 

Department of Health and 

Environmental Control (hereinafter 

referred to as SC DHEC or South 

Carolina) via a letter dated February 3, 

2022. The SIP revision updates portions 

of South Carolina’s Prevention of 

Significant Deterioration (PSD) and 

Nonattainment New Source Review 

(NNSR) regulations that pertain to 

Project Emissions Accounting (PEA) 

provisions. EPA is approving these 

changes pursuant to the Clean Air Act 

(CAA or Act) and implementing Federal 

regulations. 

DATES: This rule is effective November 

3, 2023. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2022–0397. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be 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 Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation 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: 

Sarah LaRocca, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–8994. Ms. LaRocca can also 

be reached via electronic mail at 

LaRocca.Sarah@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview 

EPA is approving a SIP revision 

submitted by South Carolina on 

February 3, 2022,1 which updates the 

State’s PSD and NNSR rules. 

Specifically, EPA is incorporating the 

PEA provisions in paragraphs 

(A)(2)(d)(vi) and (A)(2)(d)(vii) of South 

Carolina’s Regulation 61–62.5, Standard 

No. 7—Prevention of Significant 

Deterioration, and the PEA provisions in 

paragraphs (A)(8) and (A)(9) of South 

Carolina’s Regulation 61–62.5, Standard 

No. 7.1—Nonattainment New Source 

Review into the South Carolina SIP.2 3

Through a notice of proposed 

rulemaking (NPRM), published on July 

26, 2022 (87 FR 44314), EPA proposed 

to approve the February 3, 2022, SIP 

revision as meeting the requirements of 

the Federal PSD and NNSR programs 

and as being consistent with the CAA.4

Additional details on South Carolina’s 

February 3, 2022, revision and EPA’s 

analysis of the changes can be found in 

the July 26, 2022, NPRM. Comments on 

the July 26, 2022, NPRM were due on 

or before August 25, 2022. 

II. Response to Comments 

EPA received comments on the July 

26, 2022, NPRM, which are included in 

the docket of this rulemaking. The 

comments arrived in a letter dated 

August 25, 2022, and originate from one 

commenter, the Center for Biological 

Diversity. The Commenter provided 

supplemental documentation to support 

the comments submitted. The comments 

generally oppose approval of the 

changes in the February 3, 2022, SIP 

revision that incorporate the Federal 

PEA provisions at 40 CFR 51.165 and 40 

CFR 51.166 5 into South Carolina’s SIP. 

Below, EPA briefly summarizes the PEA 

Rule, which the Agency finalized on 

November 24, 2020 (85 FR 74890), and 

responds to the comments received on 

the July 26, 2022, NPRM. 

An existing major stationary source 

proposing a physical change or a change 

in its method of operation must 

determine whether that project is a 

major modification subject to new 

source review (NSR) preconstruction 

permitting requirements by following a 

two-step test. The first step is to 

determine if there is a ‘‘significant 

emission increase’’ of a regulated NSR 

pollutant from the proposed 

modification. If there is, the second step 

is to determine if there is a ‘‘significant 

net emission increase’’ of that pollutant. 

The PEA Rule maintained this twostep test while clarifying that emissions 

increases and decreases for projects that 

involve new and existing emissions 

units can be considered in the same 

manner as emissions increases and 

decreases for projects that only involve 

new units or only involve existing units 

in Step 1 of the NSR major modification 

applicability test.6 More specifically, the 

PEA Rule made this clarification in 

language addressing the ‘‘hybrid test’’ 

for projects that involve a combination 


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