7288 Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the bridge 

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. 

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 contact 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 calls for no new collection 

of information under the Paperwork 

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

3520). 

D. Federalism and Indian Tribal 

Government 

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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and DHS Delegation No. 00170.1, Revision 

No. 01.3. 

■ 2. Amend § 117.261 by: 

■ a. Adding paragraph (p); and 

■ b. Staying paragraph (q). 

The addition reads as follows: 

§ 117.261 Atlantic Intracoastal Waterway 

from St. Marys River to Key Largo. 

* * * * * 

(p) Indiantown Road Bridge, mile 

1006.2, at Jupiter. The draw shall open 

on the hour and half hour except that 

the draw need not open daily from 7 to 

9 a.m. and 4 to 6 p.m. 

* * * * * 

Dated: January 27, 2024. 

Douglas M. Schofield, 

Rear Admiral, U.S. Coast Guard, Commander, 

Coast Guard Seventh District. 

[FR Doc. 2024–02084 Filed 2–1–24; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2024–0124] 

Safety Zone; Military Ocean Terminal 

Concord Safety Zone, Suisun Bay, 

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 handling operations at 

Military Ocean Terminal Concord, CA 

(MOTCO), on February 2, 2024, through 

February 9, 2024. 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 permission of the 

Captain of the Port (COTP) San 

Francisco or a designated 

representative. 

DATES: The regulations in 33 CFR 

165.1198 will be enforced from 12:01 

a.m. on February 2, 2024, until 11:59 

p.m. on February 9, 2024. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email LT William Harris, U.S. Coast 

Guard Sector San Francisco, Waterways 

Management Division, at telephone 

415–399–7443, email 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 

February 2, 2024, until 11:59 p.m. on 

February 9, 2024, or as announced via 

marine information bulletin. This safety 

zone is necessary to protect personnel, 


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Federal Register / Vol. 89, No. 23 / Friday, February 2, 2024 / Rules and Regulations 7289 

1EPA notes the Agency received the submittal on 

February 17, 2021. 

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 period, as reflected in 

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

a vessel in the regulated area you must 

comply with the instruction 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. 

Dated: January 29, 2024. 

Taylor Q. Lam, 

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

Port San Francisco. 

[FR Doc. 2024–02127 Filed 2–1–24; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2021–0367; FRL–11573– 

02–R4] 

Air Plan Approval; Alabama; 

Birmingham Limited Maintenance Plan 

for the 2006 24-Hour PM2.5 NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing the approval 

of a State Implementation Plan (SIP) 

revision submitted by the State of 

Alabama, through the Alabama 

Department of Environmental 

Management (ADEM), via a letter dated 

February 2, 2021. The SIP revision 

includes the 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plan (LMP) for the 

Birmingham, Alabama maintenance area 

(Birmingham Area or Area). The 

Birmingham 2006 24-hour PM2.5

maintenance area is comprised of 

Jefferson County, Shelby County, and a 

portion of Walker County. EPA is 

approving the Birmingham Area LMP 

because it provides for the maintenance 

of the 2006 24-hour PM2.5 NAAQS 

within the Birmingham Area through 

the end of the second 10-year portion of 

the maintenance period. The effect of 

this action would be to make certain 

commitments related to maintenance of 

the 2006 24-hour PM2.5 NAAQS in 

Birmingham federally enforceable as 

part of the Alabama SIP. EPA is also 

notifying the public of the status of 

EPA’s adequacy determination, 

consistent with the requirements in the 

transportation conformity rule, for this 

LMP. 

DATES: This rule is effective March 4, 

2024. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2021–0367. 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 

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: 

Dianna Myers, 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. 

The telephone number is (404) 562– 

9207. Ms. Myers can also be reached via 

electronic mail at myers.dianna@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In accordance with the Clean Air Act 

(CAA or Act), EPA is approving the 

Birmingham LMP for the 2006 24-hour 

PM2.5 NAAQS, adopted by ADEM on 

February 2, 2021, and submitted by 

ADEM as a revision to the Alabama SIP 

under a cover letter with the same date.1

On November 13, 2009, EPA 

promulgated designations for the 2006 

24-hour PM2.5 NAAQS, designating the 

Birmingham Area, which includes 

Jefferson County, Shelby County, and a 

portion of Walker County, as 

nonattainment for the 2006 24-hour 

PM2.5 NAAQS based upon air quality 

data for calendar years 2006 through 

2008. See 74 FR 58688. Subsequently, 

on January 25, 2013, EPA approved the 

Birmingham Area’s maintenance plan 

and the State’s request to redesignate 

the Birmingham Area to attainment for 

the 2006 24-hour PM2.5 NAAQS. See 78 

FR 5306. 

The Birmingham LMP for the 2006 

24-hour PM2.5 NAAQS is designed to 

maintain the 2006 24-hour PM2.5

NAAQS within Birmingham through the 

end of the second 10-year portion of the 

maintenance period beyond 

redesignation or 2034. EPA is approving 

the plan because it meets all applicable 

requirements under CAA sections 110 

and 175A. As a general matter, the 

Birmingham LMP for the 2006 24-hour 

PM2.5 NAAQS relies on the same control 

measures and similar contingency 

provisions to maintain the 2006 24-hour 

PM2.5 NAAQS during the second 10- 

year portion of the maintenance period 

as the maintenance plan submitted by 

ADEM for the first 10-year period. 

In a notice of proposed rulemaking 

(NPRM) published on December 13, 

2023 (88 FR 86303), EPA proposed to 

approve the Birmingham LMP because 

the State made a showing, consistent 

with EPA’s LMP guidance, that the 

Birmingham Area’s PM2.5

concentrations are well below the 2006 

24-hour PM2.5 NAAQS, have been 

historically stable, and that it has met 

all other maintenance plan 

requirements. The details of Alabama’s 

submission and the rationale for EPA’s 

action are explained further in the 

December 13, 2023, NPRM. Comments 

on the December 13, 2023, NPRM were 

due on or before January 12, 2024. No 

comments were received on the NPRM, 

adverse or otherwise. 

II. Final Action 

In accordance with sections 110(k) 

and 175A of the CAA, and for the 

reasons set forth above and in the 

NPRM, EPA is finalizing its approval of 

the Birmingham Area LMP for the 2006 

24-hour PM2.5 NAAQS, submitted by 

ADEM on February 2, 2021, as a 

revision to the Alabama SIP. EPA is 

finalizing the approval of the 

Birmingham Area LMP because it 


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