Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations 60805 

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. 

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: 33 U.S.C. 1231; 50 U.S.C. 191; 

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

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.11731 to read as follows: 

§ 165.11731 Security Zone: Escorted 

Vessels, Los Angeles-Long Beach, CA, 

Captain of the Port Zone. 

(a) Definitions. The following 

definitions apply to this section: 

COTP means Captain of the Port Los 

Angeles–Long Beach, CA (LALB). 

Designated representatives 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 COTP, in the enforcement 

of the security zone. 

Escorted vessel means a vessel, other 

than a large U.S. naval vessel as defined 

in § 165.2015, that is accompanied by 

one or more Coast Guard assets or other 

Federal, State or local law enforcement 

agency assets clearly identifiable by 

lights, vessel markings, or with agency 

insignia as listed below: 

(1) Coast Guard surface or air asset 

displaying the Coast Guard insignia. 

(2) State and/or local law enforcement 

asset displaying the applicable agency 

markings and/or equipment associated 

with the agency. 

(3) When escorted vessels are moored, 

dayboards or other visual indications 

such as lights or buoys may be used. In 

all cases, broadcast notice to mariners 

will be issued to advise mariners of 

these restrictions. 

Minimum safe speed means the speed 

at which a vessel proceeds when it is 

fully off plane, completely settled in the 

water and not creating excessive wake. 

Due to the different speeds at which 

vessels of different sizes and 

configurations may travel while in 

compliance with this definition, no 

specific speed is assigned to minimum 

safe speed. In no instance should 

minimum safe speed be interpreted as a 

speed less than that required for a 

particular vessel to maintain 

steerageway. A vessel is not proceeding 

at minimum safe speed if it is: 

(1) On a plane; 

(2) In the process of coming up onto 

or coming off a plane; or 

(3) Creating an excessive wake. 

(b) Regulated area. All navigable 

waters, as defined in 33 CFR 2.36, 

within the Captain of the Port Zone, Los 

Angeles–Long Beach, California 33 CFR 

3.55–10. 

(c) Security zone. A 500-yard security 

zone is established around each 

escorted vessel within the regulated area 

described in paragraph (b) of this 

section. This is a moving security zone 

when the escorted vessel is in transit 

and becomes a fixed zone when the 

escorted vessel is anchored or moored. 

A security zone will not extend beyond 

the boundary of the regulated area in 

this section. 

(d) Regulations. (1) The general 

regulations for security zones contained 

in § 165.33 apply to this section. 

(2) A vessel may request the 

permission of the COTP LALB or a 

designated representative to enter the 

security zone described in paragraph (c) 

of this section. If permitted to enter the 

security zone, a vessel must proceed at 

the minimum safe speed and must 

comply with the orders of the COTP or 

a designated representative. 

(e) Notice of security zone. The COTP 

will inform the public of the existence 

or status of the security zones around 

escorted vessels in the regulated area by 

Broadcast Notice to Mariners. Coast 

Guard assets or other Federal, State or 

local law enforcement agency assets will 

be clearly identified by lights, vessel 

markings, or with agency insignia. 

When escorted vessels are moored, 

dayboards or other visual indications 

such as lights or buoys may be used. 

(f) Contact information. The COTP 

LALB may be reached via phone at (310) 

521–3801. Any on scene Coast Guard or 

designated representative assets may be 

reached via VHF–FM channel 16. 

Dated: September 15, 2015. 

J. F. Williams, 

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

Port Los Angeles—Long Beach. 

[FR Doc. 2015–25557 Filed 10–7–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2015–0384; FRL–9935–22– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Kentucky: New 

Sources in or Impacting Nonattainment 

Areas 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve the Commonwealth of 

Kentucky’s September 23, 2011, State 

Implementation Plan (SIP) revision, 

submitted through the Kentucky 

Division for Air Quality (KY DAQ), 

which modifies the SIP by making 

changes to Kentucky regulation, 

‘‘Review of new sources in or impacting 

upon nonattainment areas.’’ EPA has 

determined that Kentucky’s requested 

SIP revision meets the applicable 

provisions of the Clean Air Act (CAA or 

Act) and EPA regulations regarding 

Nonattainment New Source Review 

(NNSR) permitting. 

DATES: This rule is effective November 

9, 2015. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2015–0384. 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., 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, Pesticides and Toxics 

Management 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: Zuri 

Farngalo, Air Regulatory Management 


Lhorne on DSK5TPTVN1PROD with RULES
60806 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations 

Section, Air Planning and 

Implementation Branch, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street SW., Atlanta, Georgia 

30303–8960. Mr. Farngalo can be 

reached by telephone at (404) 562–9152 

and via electronic mail at farngalo.zuri@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On September 23, 2011, KY DAQ 

submitted a SIP revision to EPA for 

approval that makes several changes to 

Kentucky’s regulations at 401 Kentucky 

Administrative Regulations (KAR) 

51:052, Review of new sources in or 

impacting nonattainment areas. These 

regulations establish air quality 

permitting requirements for the 

construction or modification of major 

stationary sources located within, or 

impacting upon, areas designated 

nonattainment for any primary national 

ambient air quality standard. To ensure 

improvement of air quality in those 

areas, the emissions resulting from 

construction or modification of a major 

stationary source must be offset with 

compensating emission reductions. 

Kentucky’s requested SIP revision 

would revise 401 KAR 51:052 by: (1) 

Changing Section 5, paragraph (6)(b) to 

authorize new or modified sources to 

offset their emission increases with 

emission reductions achieved by 

shutting down an existing unit or 

curtailing production or operating hours 

prior to the new source application date 

(if specified conditions are met), (2) 

adding new and more comprehensive 

language to Section 5, paragraph (6)(b) 

describing how to calculate offsetting 

emission reductions obtained from a 

source shutdown or curtailment (3) 

amending Section 4, paragraph (3)(a) to 

establish an offset ratio of at least 1:1 for 

pollutants other than volatile organic 

compounds and nitrogen oxides, and (4) 

making changes to the introductory 

paragraph to 401 KAR 51:052 and 

Section 5, paragraph (3)(e) that update 

and clarify these provisions. 

In a notice of proposed rulemaking 

(NPR) published on August 11, 2015, 

EPA proposed to approve Kentucky’s 

revisions to 401 KAR 51:052, Review of 

new sources in or impacting 

nonattainment areas revisions. See 80 

FR 48051. The details of Kentucky’s 

submittal and the rationale for EPA’s 

action are provided in the NPR. EPA did 

not receive any relevant comments on 

the proposed action. 

II. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 

by reference of Kentucky Rule 401 KAR 

51:052 entitled ‘‘Review of new sources 

in or impacting nonattainment areas,’’ 

which became effective in the 

Commonwealth of Kentucky on August 

4, 2011. EPA has made, and will 

continue to make, these documents 

generally available electronically 

through www.regulations.gov and/or in 

hard copy at the Region 4 office (see the 

ADDRESSES section of this preamble for 

more information). 

III. Final Action 

EPA is taking final action to approve 

the Commonwealth of Kentucky’s 

September 23, 2011, SIP revision. EPA 

has determined that the changes to 

Kentucky’s Rule 401 KAR 51:052, 

Review of new sources in or impacting 

nonattainment areas, are approvable 

because they are consistent with CAA 

section 110 and EPA’s regulations 

regarding NNSR permitting at 40 CFR 

51.165. 

IV. 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. 

See 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 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) 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 

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, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 7, 2015. 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). 


Lhorne on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Rules and Regulations 60807 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements and Volatile organic 

compounds. 

Dated: September 24, 2015. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR parts 52 is amended as 

follows: 

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 S—Kentucky 

■ 2. In § 52.920, table 1 in paragraph (c) 

is amended under Chapter 51 by 

revising the entry for ‘‘401 KAR 51:052’’ 

to read of follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 1—EPA-APPROVED KENTUCKY REGULATIONS

State citation Title/subject State effective 

date 

EPA approval 

date Explanation 

*******

Chapter 51 Attainment and Maintenance of the National Ambient Air Quality Standards 

*******

401 KAR 51:052 ................ Review of new sources in or impacting nonattainment areas.8/4/2011 10/8/2015 [Insert Federal 

Register citation] 

* * * * * * * 

* * * * * 

[FR Doc. 2015–25575 Filed 10–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 141021887–5172–02] 

RIN 0648–XE224 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of Atka 

Mackerel in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of the 2015 

Atka mackerel incidental catch 

allowance (ICA) for the Bering Sea 

subarea and Eastern Aleutian district 

(BS/EAI) to the Amendment 80 

cooperative allocations in the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

allow the 2015 total allowable catch of 

Atka mackerel in the BSAI to be fully 

harvested. 

DATES: Effective 12 hrs Alaska local time 

(A.l.t.), October 5, 2015 through 2400 

hrs, A.l.t., December 31, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2015 Atka mackerel ICA for the 

BS/EAI is 1,000 metric tons (mt) and 

2015 Atka mackerel total allowable 

catch allocated to the Amendment 80 

cooperatives is 20,696 mt as established 

by the final 2015 and 2016 harvest 

specifications for groundfish in the 

BSAI (80 FR 11919, March 5, 2015). 

The Administrator, Alaska Region, 

NMFS, has determined that 700 mt of 

the Atka mackerel ICA for the BS/EAI 

will not be harvested. Therefore, in 

accordance with § 679.91(f), NMFS 

reallocates 700 mt of Atka mackerel 

from the BS/EAI ICA to the Amendment 

80 cooperatives in the BSAI. In 

accordance with § 679.91(f), NMFS will 

reissue cooperative quota permits for 

the reallocated Atka mackerel following 

the procedures set forth in § 679.91(f)(3). 

The harvest specifications for Atka 

mackerel included in the harvest 

specifications for groundfish in the 

BSAI (80 FR 11919, March 5, 2015) are 

revised as follows: 300 mt of Atka 

mackerel for the BS/EAI ICA and 21,395 

mt of Atka mackerel for the Amendment 

80 cooperative allocations in the BS/

EAI. Table 6 is revised and republished 

in its entirety as follows: 


Lhorne on DSK5TPTVN1PROD with RULES