Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 77207 

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 lasting only 8 hours during the 

police exercise. 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.T07–0788 to read as 

follows: 

§ 165.T07–0788 Safety Zone; Hillsborough 

River, Tampa, FL. 

(a) Location. The following area is a 

safety zone: All navigable waters of 

Hillsborough Bay, from surface to 

bottom, encompassed by a line 

connecting the following points: 

27°56′16′′ N, 082°27′40′′ W, thence to 

position 27°56′18′′ N, 082°27′43′′ W, 

thence to position 27°56′30′′ N, 

082°27′33′′ W, thence to position 

27°56′30′′ N, 082°27′29′′ W, thence to 

position 27°56′25′′ N, 082°27′17′′ W, 

thence to position 27°56′22′′ N, 

082°27′16′′ W, thence to position 

27°56′13′′ N, 082°27′19′′ W, thence to 

position 27°56′12′′ N, 082°27′24′′ W, 

thence to position 27°56′23′′ N, 

082°27′32′′ W, and along the shoreline 

back to the beginning point. These 

coordinates are based on World 

Geodetic System (WGS 84). 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port St. Petersburg (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. 

(1) Under the general safety zone 

regulations in subpart C of this part, you 

may not enter the safety zone described 

in paragraph (a) of this section unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF radio on channel 

16. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. until 3 p.m. 

on November 29, 2023. 

Dated: November 2, 2023. 

Michael P. Kahle, 

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

Port St. Petersburg. 

[FR Doc. 2023–24791 Filed 11–8–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2023–0884] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

Military Ocean Terminal Concord, CA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone in the navigable waters of 

Suisun Bay, off Concord, CA, in support 

of explosive on-loading to Military 

Ocean Terminal Concord (MOTCO) on 

November 7, 2023, through November 

10, 2023. This safety zone is necessary 

to protect personnel, vessels, and the 

marine environment from potential 

explosion within the explosive arc. The 

safety zone is open to all persons and 

vessels for transitory use, but vessel 

operators desiring to anchor or 

otherwise loiter within the safety zone 

must obtain the permission of the 

Captain of the Port San Francisco or a 

designated representative. All persons 

and vessels operating within the safety 

zone must comply with all directions 

given to them by the Captain of the Port 

San Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced from 12:01 

a.m. on November 7, 2023, until 11:59 

p.m. on November 10, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call, or 

email LT Abby Hamann, U.S. Coast 

Guard Sector San Francisco, Waterways 

Management Division, at 415–399–3585, 

SFWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 33 

CFR 165.1198 for the Military Ocean 

Terminal Concord, CA (MOTCO) 

regulated area from 12:01 a.m. on 

November 7, 2023, until 11:59 p.m. on 

November 10, 2023, or as announced via 

marine local broadcasts. This safety 

zone is necessary to protect personnel, 

vessels, and the marine environment 

from potential explosion within the 

explosive arc. The regulation for this 

safety zone, § 165.1198, specifies the 

location of the safety zone which 

encompasses the navigable waters in the 

area between 500 yards of MOTCO Pier 

in position 38°03′30′′ N, 122°01′14′′ W 

and 3,000 yards of the pier. During the 

enforcement periods, as reflected in 

§ 165.1198(d), if you are the operator of 

a vessel in the regulated area you must 

comply with the instructions of the 

COTP or the designated on-scene patrol 

personnel. Vessel operators desiring to 

anchor or otherwise loiter within the 

safety zone must contact Sector San 

Francisco Vessel Traffic Service at 415– 

556–2760 or VHF Channel 14 to obtain 

permission. 

In addition to this notification of 

enforcement in the Federal Register, the 

Coast Guard plans to provide 

notification of this enforcement period 

via marine information broadcasts. 


ddrumheller on DSK120RN23PROD with RULES1
77208 Federal Register / Vol. 88, No. 216 / Thursday, November 9, 2023 / Rules and Regulations 

1The EPA has defined RACT as the lowest 

emission limitation that a particular source is 

capable of meeting by the application of control 

technology that is reasonably available considering 

technological and economic feasibility (44 FR 

53762, September 17, 1979). 

Dated: November 4, 2023. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2023–24846 Filed 11–8–23; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R02–OAR–2022–0648, FRL–11358– 

02–R2] 

Approval and Promulgation of 

Implementation Plans; New York; 

Elements of the 2008 and 2015 Ozone 

National Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New York for 

purposes of certifying and meeting the 

requirements for Reasonably Available 

Control Technology (RACT) for the 

Serious classification of the 2008 and 

Moderate classification of the 2015 8- 

hour Ozone National Ambient Air 

Quality Standards (NAAQS). The EPA is 

also approving that this SIP revision 

fulfills SIP requirements pertaining to 

the Ozone Transport Region (OTR) for 

the 2015 Ozone NAAQS. The EPA is 

approving the demonstration portion of 

the comprehensive SIP revision 

submitted by New York that certifies 

that the State has satisfied the 

requirements for an Ozone 

nonattainment new source review 

program, certifies that the State has 

satisfied the requirements for a 

nonattainment emission inventory, and 

certifies that the State has satisfied the 

requirements for clean fuels for fleets. In 

addition, the EPA is approving New 

York’s reasonable further progress plans 

and motor vehicle emissions budgets for 

both the Moderate and Serious 

classifications of the 2008 ozone 

NAAQS. These actions are being taken 

in accordance with the requirements of 

the Clean Air Act. 

DATES: This final rule is effective on 

December 11, 2023. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R02–OAR–2022–0648. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Controlled Unclassified 

Information (CUI) (formally referred to 

as Confidential Business Information 

(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 electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Fausto Taveras, Environmental 

Protection Agency, 290 Broadway, New 

York, New York 10007–1866, at (212) 

637–3378, or by email at 

Taveras.Fausto@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What is the background for this action? 

II. What comments were received in response 

to the EPA’s proposed action? 

III. What action is the EPA taking? 

IV. Statutory and Executive Order Reviews 

I. What is the background for this 

action? 

On August 25, 2023 (88 FR 58202), 

the EPA proposed to approve a SIP 

revision submitted by the State of New 

York on January 29, 2021, for purposes 

of meeting the requirement for 

Reasonably Available Control 

Technology (RACT) 1 for the 2008 8- 

hour Ozone NAAQS in New York’s 

portion of the New York-Northern New 

Jersey-Long Island (NJ-NJ-CT) 

nonattainment area (also referred to as 

the New York Metro Area or NYMA) for 

the Serious classification. The EPA also 

proposed to approve that same 

submittal for meeting New York’s RACT 

requirements for the 2015 8-hour Ozone 

NAAQS in the NYMA and for meeting 

the State’s requirements for statewide 

RACT for the 2015 8-hour Ozone 

NAAQS within the Ozone Transport 

Region (OTR). The State’s January 2021 

SIP submittal consists of a RACT 

certification demonstration that New 

York continues to meet the RACT 

requirements for the two precursors for 

ground-level ozone, i.e., oxides of 

nitrogen (NOX) and volatile organic 

compounds (VOCs), set forth by the 

Clean Air Act (CAA or Act) with respect 

to the 2008 and 2015 8-hour ozone 

standard. Therefore, the EPA proposed 

to approve New York’s January 2021 

RACT SIP submittal as it applies to noncontrol technique guideline (non-CTG) 

major sources of VOCs, CTG sources of 

VOCs and to major sources of NOX. 

In the August 25, 2023, notice of 

proposed rulemaking, the EPA also 

proposed to approve portions of a 

comprehensive SIP revision submitted 

by the State of New York on November 

29, 2021, certifying that the State has 

satisfied the requirements for: (1) An 

Ozone nonattainment new source 

review (NNSR) program which applies 

to NOX and VOC emissions from 

stationary sources; (2) a nonattainment 

emission inventory; and (3) clean fuels 

for fleets. The EPA also proposed to 

approve New York’s reasonable further 

progress plans and motor vehicle 

emission budgets (transportation 

conformity budgets or Budgets) for the 

Serious classifications of the 2008 

Ozone NAAQS in the NYMA. In the 

August 25, 2023, notice of proposed 

rulemaking, the EPA also proposed to 

approve New York’s reasonable further 

progress and transportation conformity 

budgets for the Moderate classification 

of the 2008 Ozone NAAQS in the 

NYMA, which was submitted by the 

State on November 13, 2017. 

In New York’s January 29, 2021, 

RACT submittal for the Serious 

classification of the 2008 Ozone 

standard, Moderate classification for the 

2015 Ozone Standard, and OTR 

requirements related to the 2015 ozone 

NAAQS, New York recertified that its 

previously approved negative 

declaration for various CTGs remain 

valid. New York certified that there are 

no sources located in the State for the 

following six CTGs: Manufacture of 

Vegetable Oils; Manufacture of HighDensity Polyethylene, Polypropylene 

and Polystyrene Resins; Natural Gas/ 

Gasoline Processing Plants; Air 

Oxidation Processes in Synthetic 

Organic Chemical Manufacturing 

Industry; Fiberglass Boat Manufacturing 

Materials; Agricultural Pesticides. In the 

August 25, 2023, notice of proposed 

rulemaking, the EPA proposed that the 

State’s negative declaration for the six 

CTGs listed above remain valid and 

satisfies the requirements for the 2008 

Ozone NAAQS Serious classification, 

the 2015 Ozone Standard Moderate 

classification and requirements 

associated with the OTR for the 2015 

Ozone NAAQS. Therefore, within this 

action the EPA is certifying that the 

previously approved State’s negative 

declaration remains valid for these six 

CTGs for the 2008 Ozone NAAQS 

Serious classification, the 2015 Ozone 

Standard Moderate classification and 

the requirements associated with the 

OTR for the 2015 Ozone NAAQS. See 82 


ddrumheller on DSK120RN23PROD with RULES1