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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


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

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 ′′


### 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