18450 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations 

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 

creation of a special local regulation 

issued in conjunction with a regatta or 

marine parade. This rule is categorically 

excluded from further review under 

paragraph 34(h) 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add a temporary § 100.35T07–0001 

to read as follows: 

§ 100.35T07–0001 Special Local 

Regulation; Rotary Club of Fort Lauderdale 

New River Raft Race, New River, Fort 

Lauderdale, FL. 

(a) Regulated Area. The following 

regulated area is a special local 

regulation, between Esplanade Park east 

to just east of the Southeast 3rd Avenue 

Bridge. All waters of the New River 

contained within the following points: 

Starting at Point 1 in position 26°07′10′′ 

N, 80°08′52′′ W; thence southeast to 

Point 2 in position 26°07′05′′ N, 

80°08′34′′ W; thence southwest to Point 

3 in position 26°07′04′′ N, 80°08′35′′ W 

thence northwest to Point 4 in position 

26°07′08′′ N, 80°08’52’’W; thence north 

back to origin. All coordinates are North 

American Datum 1983. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port Miami in the 

enforcement of the regulated area. 

(c) Regulations. (1) Non-participant 

persons and vessels are prohibited from 

entering, transiting through, anchoring 

in, or remaining within the regulated 

area unless authorized by Captain of the 

Port Miami or a designated 

representative. Non-participant persons 

and vessels may request authorization to 

enter, transit through, anchor in, or 

remain within the regulated area by 

contacting the Captain of the Port Miami 

by telephone at 305–535–4472, or a 

designated representative via VHF radio 

on channel 16. If authorization is 

granted by the Captain of the Port 

Miami or a designated representative, 

all persons and vessels receiving such 

authorization must comply with the 

instructions of the Captain of the Port 

Miami or a designated representative. 

(2) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Effective Date. This rule will be 

enforced from 11 a.m. until 3 p.m. on 

April 5, 2014. 

Dated: March 19, 2014. 

A.J. Gould, 

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

Port Miami. 

[FR Doc. 2014–07264 Filed 4–1–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Naval Base Ventura County, San 

Nicolas Island, California; Restricted 

Area 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The Corps of Engineers 

(Corps) is amending its regulations to 

modify an existing permanent restricted 

area in the waters of the Pacific Ocean 

surrounding San Nicolas Island, 

California. The modifications realign 

subsections (designated Alpha, Bravo 

and Charlie) within the restricted area to 

better match the U.S. Navy’s current 

operational requirements. In addition, 

the rule corrects a mapping error in the 

original rule. The perimeter and overall 

size of the existing restricted area 

remains unchanged. San Nicolas Island 

is wholly owned by the United States 

and operated by the U.S. Navy as part 

of Naval Base Ventura County. 

DATES: Effective date: May 2, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922, or 

Mr. Antal Szijj, Corps of Engineers, Los 

Angeles District, Regulatory Division, at 

805–585–2147 or by email at 

antal.j.szijj@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

Background 

Pursuant to its authorities in Section 

7 of the Rivers and Harbors Act of 1917 

(40 Stat 266; 33 U.S.C. 1) and Chapter 

XIX of the Army Appropriations Act of 

1919 (40 Stat 892; 33 U.S.C. 3), the 

Corps of Engineers is amending the 

regulations at 33 CFR 334.980 to realign 

subsections within the existing 

restricted area in the waters surrounding 

San Nicolas Island, Ventura County, 

California, in a manner that better 


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Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations 18451 

matches the U.S. Navy’s current 

operational needs. Vessels would only 

be prohibited from entering the 

restricted area during closure periods. 

The amendment would also update 

various titles and contact references to 

current command structure and names, 

and correct a mapping error in the 

original rule. 

The proposed rule was published in 

the November 22, 2013 issue of the 

Federal Register (78 FR 70005; docket 

number COE–2013–0014). Comments 

were received from four commenters in 

response to the Federal Register notice 

and the Corps of Engineers Los Angeles 

District’s local public notice. Three 

commenters objected to the enforcement 

of the 300-yard stand-off surrounding 

the shoreline of the island that was a 

provision of the original rule and was 

not proposed to be changed. The 

commenters stated that they had 

previously been allowed to trap lobster 

within this 300-yard stand-off with the 

agreement of the Navy and that the 

Navy’s recent enforcement of this 

provision of the restricted area has 

substantially reduced their lobster catch 

resulting in economic harm. 

The 300-yard stand-off has been a 

provision of the restricted area since it 

was established in 1965. The 

amendment does not modify or 

eliminate this provision. The Navy has 

stated that any previous informal 

agreements between fishermen and 

Navy personnel to allow fishing did not 

follow protocol and are not valid. The 

Navy has determined through 

experience that a 300-yard stand-off 

from the shoreline is necessary to 

maintain the security of its facilities at 

San Nicolas Island. The changes to the 

restricted area that do affect commercial 

fishing include clarification that the 

entire restricted area excluding the 300- 

yard stand-off remains open to fishing 

unless one or more sections are 

specifically closed for naval operations. 

One commenter also stated that the 

waters surrounding San Nicolas Island 

are subject to rough seas that may 

develop quickly and unexpectedly, 

therefore having the ability find safe 

anchorage close to the island is 

important. 

The rule change does not affect the 

provision that allows encroachment into 

the 300-yard stand-off or landing in 

emergency situations. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This final rule is issued with respect 

to a military function of the Defense 

Department and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act 

This final rule has been reviewed 

under the Regulatory Flexibility Act 

(Pub. L. 96–354) which requires the 

preparation of a regulatory flexibility 

analysis for any regulation that will 

have a significant economic impact on 

a substantial number of small entities 

(i.e., small businesses and small 

governments). The Corps determined 

that the amendment of this restricted 

area has practically no economic impact 

on the public, no anticipated 

navigational hazard, or interference 

with existing waterway traffic. This 

final rule will have no significant 

economic impact on small entities. 

c. Review Under the National 

Environmental Policy Act 

Due to the administrative nature of 

this action and because there is no 

intended change in the use of the area, 

the Corps determined that this 

amendment to the regulation will not 

have a significant impact to the quality 

of the human environment and, 

therefore, preparation of an 

environmental impact statement is not 

required. An environmental assessment 

was prepared after the public notice 

period closed and all comments 

received from the public were 

considered. The environmental 

assessment may be viewed at the 

District office listed at the end of the 

FOR FURTHER INFORMATION CONTACT

section, above. 

d. Unfunded Mandates Act 

This rule does not impose an 

enforceable duty among the private 

sector and, therefore, it is not a Federal 

private sector mandate and it is not 

subject to the requirements of either 

Section 202 or Section 205 of the 

Unfunded Mandates Act. We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly and uniquely affected by 

this rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons set out in the 

preamble, the Corps amends 33 CFR 

Part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

Part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise § 334.980 to read as follows: 

§ 334.980 Pacific Ocean, around San 

Nicholas Island, Calif., naval restricted area. 

(a) The area. (1) Perimeter (restricted). 

The waters of the Pacific Ocean around 

San Nicholas Island, Calif., extending 

about 3 miles seaward from the 

shoreline, described as follows: 

Latitude Longitude 

Point A .................. 33°10′10′′ 119°24′20′′ 

Point C .................. 33°10′10′′ 119°31′10′′ 

Point D .................. 33°12′00′′ 119°35′30′′ 

Point E .................. 33°14′20′′ 119°37′40′′ 

Point F .................. 33°16′40′′ 119°38′10′′ 

Point G .................. 33°19′10′′ 119°37′10′′ 

Point I ................... 33°20′10′′ 119°31′10′′ 

Point K .................. 33°17′40′′ 119°24′50′′ 

Point L .................. 33°13′50′′ 119°21′50′′ 

(2) Sections of area. 

(i) ALPHA section is the northerly 

section of the area, and is described as 

follows: 

Latitude Longitude 

Point H .................. 33°20′01′′ 119°32′02′′ 

Point I ................... 33°20′10′′ 119°31′10′′ 

Point K .................. 33°17′40′′ 119°24′50′′ 

Point L .................. 33°13′50′′ 119°21′50′′ 

Point O .................. 33°13′50′′ 119°26′02′′ 

Thence northwesterly along shoreline to 

Point N 

Point N .................. 33°17′04′′ 119°32′02′′ 

Point H .................. 33°20′01′′ 119°32′02′′ 

(ii) BRAVO section is the westerly 

section of the area, and is described as 

follows: 

Latitude Longitude 

Point N .................. 33°17′04′′ 119°32′02′′ 

Thence westerly, southerly and easterly 

along the shoreline to Point M 

Point M ................. 33°13′10′′ 119°29′40′′ 

Point B .................. 33°10′10′′ 119°29′40′′ 

Point C .................. 33°10′10′′ 119°31′10′′ 

Point D .................. 33°12′00′′ 119°35′30′′ 

Point E .................. 33°14′20′′ 119°37′40′′ 

Point F .................. 33°16′40′′ 119°38′10′′ 

Point G .................. 33°19′10′′ 119°37′10′′ 

Point H .................. 33°20′01′′ 119°32′02′′ 

Point N .................. 33°17′04′′ 119°32′02′′ 

(iii) CHARLIE section is the southerly 

section of the area, and is described as 

follows: 

Latitude Longitude 

Point L .................. 33°13′50′′ 119°21′50′′ 

Point O .................. 33°13′50′′ 119°26′02′′ 

Thence southerly and westerly along the 

shoreline to Point M 

Point M ................. 33°13′10′′ 119°29′40′′ 

Point B .................. 33°10′10′′ 119°29′40′′ 


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18452 Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules and Regulations 

Latitude Longitude 

Point A .................. 33°10′10′′ 119°24′20′′ 

Point L .................. 33°13′50′′ 119°21′50′′ 

(b) The regulations. (1) Except during 

closure periods or as otherwise 

provided in this section, the restricted 

area will be open to all vessels. 

(2) Boats must remain at least 300 

yards from the shoreline of San Nicolas 

Island at all times. Nothing in this 

provision shall be construed as 

authorization to anchor within 300 

yards or to land on San Nicolas Island, 

except in an emergency. 

(3) No person, vessel or other craft 

shall enter the restricted area or 

designated section(s) during closure 

periods unless authorized to do so by 

the Commanding Officer, Naval Base 

Ventura County or the Officer in Charge, 

San Nicolas Island. 

(4) Submarine cables within the 

restricted area post a risk to the 

equipment of vessels engaged in 

dredging, dragging, seining, anchoring 

and other bottom contact operations. 

Appropriate care must be taken to avoid 

damage. 

(5) Closure Periods. Notice that the 

restricted area or section(s) ALPHA, 

BRAVO, or CHARLIE are closed to entry 

shall be given by radio broadcast 

Monday through Friday at 0900 and 

1200 on 2638 kHz and 2738 kHz or by 

contacting ‘‘PLEAD CONTROL’’ on 

VHF–FM radio channel 11 or 16. 

Closure information may also be 

requested by telephone between 0600 

and 1800 Monday through Friday at 

(805) 989–8841 or via recorded message 

at (805) 989–1470. 

(6) The regulations in this section 

shall be enforced by personnel attached 

to Naval Base Ventura County, Point 

Mugu, Calif., and by such agencies as 

may be designated by the Commandant, 

11th Naval District, San Diego, Calif. 

Dated: March 27, 2014. 

James R. Hannon, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2014–07359 Filed 4–1–14; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 51 

[EPA–HQ–OAR–2010–0114; FRL–9908–99– 

OAR] 

RIN 2060–AQ01 

Revisions To Test Methods and 

Testing Regulations; Technical 

Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a final rule in 

the Federal Register on February 27, 

2014, that made technical and editorial 

corrections for source testing of 

emissions and operations. The revisions 

will improve data quality and provide 

additional flexibility by allowing the 

use of newly approved alternative 

procedures. The purpose of this action 

is to correct an omission to Method 202. 

DATES: This technical amendment is 

effective on April 2, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lula H. Melton, U.S. Environmental 

Protection Agency, Office of Air Quality 

Planning and Standards, Air Quality 

Assessment Division, Measurement 

Technology Group (E143–02), Research 

Triangle Park, North Carolina 27711; 

telephone number: (919) 541–2910; fax 

number: (919) 541–0516; email address: 

melton.lula@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Summary of Amendment 

This action corrects a publication 

error for Method 202. Two paragraphs, 

namely 11.2.1.1 and 11.2.1.2, were 

inadvertently omitted from Method 202 

in the promulgated rule. This action 

inserts paragraphs 11.2.1.1 and 11.2.1.2 

and adds a transition statement in 

paragraph 11.2.1 that indicates if the 

sample was collected by Method 202, 

extract the CPM filter as indicated in 

paragraphs 11.2.1.1 and 11.2.1.2. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making this technical 

amendment final without prior proposal 

and opportunity for public comment 

because only simple publication errors 

are being corrected that do not 

substantially change the agency actions 

taken in the final rule. Thus, notice and 

public procedure are unnecessary. We 

find that this constitutes good cause 

under 5 U.S.C. 553(b)(3)(B). (See also 

the final sentence of section 307(d)(1) of 

the Clean Air Act (CAA), 42 U.S.C. 

307(d)(1), indicating that the good cause 

provisions in subsection 553(b) of the 

APA continue to apply to this type of 

rulemaking under section 307(d) of the 

CAA.) 

II. Statutory and Executive Order 

Reviews 

Under Executive Order 12866, 

Regulatory Planning and Review, and 

Executive Order 13563, Improving 

Regulation and Regulatory Review (58 

FR 51735, October 4, 1993), this action 

is not a ‘‘significant regulatory action’’ 

and is, therefore, not subject to review 

by the Office of Management and 

Budget. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). The 

technical amendment does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Because the EPA has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice and comment 

requirements under the APA or any 

other statute (see Section I), it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act [5 U.S.C. 601 et seq.], or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) [Pub. L. 

104–4]. In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of the 

UMRA. 

This action also does not significantly 

or uniquely affect the communities of 

tribal governments, as specified by 

Executive Order 13175, Consultation 

and Coordination With Indian Tribal 

Governments (65 FR 67249, November 

9, 2000). This amendment also is not 

subject to Executive Order 13045, 

Protection of Children From 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997) because 

it is not economically significant. 

This technical amendment does not 

involve changes to the technical 

standards related to test methods or 

monitoring requirements; thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply. 

This technical amendment does not 

involve special consideration of 


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