Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Rules and Regulations 42211 

TABLE TO § 165.506—Continued 

[All coordinates listed in the Table to § 165.506 reference Datum NAD 1983] 

No. Date Location Regulated area 

10 ....... July 4th. November—Saturday 

following Thanksgiving Day.

Motts Channel, Banks Channel, 

Wrightsville Beach, NC, Safety Zone.

All waters of Motts Channel within a 500 yard radius of the fireworks launch site in approximate position latitude 34°12′29′′ N, 

longitude 077°48′27′′ W, approximately 560 yards south of Sea 

Path Marina, Wrightsville Beach, NC. 

11 ....... July 4th ....................................... Cape Fear River, Southport, 

NC, Safety Zone.

All waters of the Cape Fear River within a 600 yard radius of the 

fireworks barge in approximate position latitude 33°54′40′′ N, 

longitude 078°01′18′′ W, approximately 700 yards south of the 

waterfront at Southport, NC. 

12 ....... July 4th ....................................... Big Foot Slough, Ocracoke, NC, 

Safety Zone.

All waters of Big Foot Slough within a 300 yard radius of the fireworks launch site in approximate position latitude 35°06′54′′ N, 

longitude 075°59′24′′ W, approximately 100 yards west of the 

Silver Lake Entrance Channel at Ocracoke, NC. 

13 ....... August—1st Tuesday ................. New River, Jacksonville, NC, 

Safety Zone.

All waters of the New River within a 300 yard radius of the fireworks launch site in approximate position latitude 34°44′45′′ N, 

longitude 077°26′18′′ W, approximately one half mile south of 

the Hwy 17 Bridge, Jacksonville, North Carolina. 

14 ....... July 4th ....................................... Pantego Creek, Belhaven, NC, 

Safety Zone.

All waters on the Pantego Creek within a 600 foot radius of the 

launch site on land at position 35°32′35′′ N, 076°37′46′′ W. 

15 ....... July 4th ....................................... Atlantic Intracoastal Waterway, 

Swansboro, NC, Safety Zone.

All waters of the Atlantic Intracoastal Waterway within a 300 yard 

radius of approximate position latitude 34°41′02′′ N, longitude 

077°07′04′′ W, located on Pelican Island 

Dated: July 2, 2014. 

Stephen P. Metruck, 

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

Fifth Coast Guard District. 

[FR Doc. 2014–17104 Filed 7–18–14; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0730] 

RIN 1625–AA00 

Safety Zone; Annual Events Requiring 

Safety Zones in the Captain of the Port 

Detroit Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the safety zone on Lake Erie in Cedar 

Point, Ohio, for the Revolution 3 

Triathlon in Cedar Point, Ohio. This 

zone will be enforced from 6 a.m. until 

10 a.m. on each day of September 6 and 

7, 2014. This action is necessary and 

intended to ensure safety of life on 

navigable waters during the Revolution 

3 Triathlon. During the aforementioned 

periods, the Coast Guard will enforce 

restrictions upon, and control 

movement of, vessels in the safety zone. 

No person or vessel may enter the safety 

zone while it is being enforced without 

permission of the Captain of the Port 

Detroit. 

DATES: The regulations in 33 CFR 

165.941 will be enforced for safety zone 

(a)(60) in § 165.941, from 6 a.m. until 10 

a.m. on each day of September 6 and 7, 

2014. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this document, 

call or email MST2 Daniel O’Leary, 

Prevention Department, Marine Safety 

Unit Toledo, 420 Madison Ave., Suite 

700, Toledo, OH 43604; telephone (419) 

418–6040; email daniel.s.oleary@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Revolution 3 

Triathlon safety zone listed as item 

(a)(60) of 33 CFR 165.941. Section 

165.941 lists many annual events 

requiring safety zones in the Captain of 

the Port Detroit zone. This Revolution 3 

Triathlon zone encompasses all waters 

and adjacent shoreline of Lake Erie 

located within an area that is 

approximately 200 yards. The area is 

within positions 41°29′00.04′′ N 

082°40′48.16′′ W to 41°29′19.28′′ N 

082°40′38.97′′ W to 41°29′02.51′′ N 

082°40′20.82′′ W to 41°28′45.52′′ N 

082°40′35.75′′ W then following the 

shoreline to the point of origin on Lake 

Erie during the annual Revolution 3 

Triathlon from 6 a.m. until 10 a.m. on 

September 6 and 7, 2014. 

All vessels must obtain permission 

from the Captain of the Port Detroit, or 

his or her on-scene representative to 

enter, move within, or exit the safety 

zone. Requests must be made in 

advance and approved by the Captain of 

the Port before transits will be 

authorized. Approvals will be granted 

on a case by case basis. Vessels and 

persons granted permission to enter the 

safety zone must obey all lawful orders 

or directions of the Captain of the Port 

Detroit, or his or her designated 

representative. 

This document is issued under 

authority of 33 CFR 165.941, Safety 

Zones; Annual events requiring safety 

zones in the Captain of the Port Detroit 

zone, and 5 U.S.C. 552(a). In addition to 

this publication in the Federal Register, 

the Coast Guard will provide the 

maritime community with advance 

notification of this event via Broadcast 

Notice to Mariners or Local Notice to 

Mariners. The Captain of the Port 

Detroit, or his or her on-scene 

representative, may be contacted via 

VHF Channel 16. 

Dated: July 3, 2014. 

S. B. Lemasters, 

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

Port Detroit. 

[FR Doc. 2014–17102 Filed 7–18–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0789; FRL–9913–42– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Minor New Source Review 

AGENCY: Environmental Protection 

Agency (EPA). 


tkelley on DSK3SPTVN1PROD with RULES
42212 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Rules and Regulations 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of West Virginia. 

The revision will expedite the 

processing of certain preconstruction 

permits issued under West Virginia’s 

minor New Source Review (NSR) 

Program. Notably, the revision will 

allow, in certain circumstances, 

construction prior to obtaining a permit, 

and will allow equipment and materials 

to be delivered and stored onsite prior 

to permit issuance. EPA is approving 

these revisions to West Virginia’s minor 

NSR Program in accordance with the 

requirements of the Clean Air Act 

(CAA). 

DATES: This final rule is effective on 

August 20, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2013–0789. All 

documents in the docket are listed in 

the www.regulations.gov Web site. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., 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 either electronically through 

www.regulations.gov or in hard copy for 

public inspection during normal 

business hours at the Air Protection 

Division, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the West Virginia 

Department of Environmental 

Protection, Division of Air Quality, 601 

57th Street SE., Charleston, West 

Virginia 25304. 

FOR FURTHER INFORMATION CONTACT: 

Gerallyn Duke, (215) 814–2084, or by 

email at duke.gerallyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 14, 2014 (79 FR 8914), 

EPA published a notice of proposed 

rulemaking (NPR) for the State of West 

Virginia. In the NPR, EPA proposed 

approval of revisions to rule 45CSR13: 

‘‘Permits for Construction, Modification, 

Relocation and Operation of Stationary 

Sources of Air Pollutants, Notification 

Requirements, Administrative Updates, 

Temporary Permits, General Permits, 

Permission to Commence Construction, 

and Procedures for Evaluation.’’ The 

West Virginia legislature adopted these 

revisions to rule 45CSR13 in 2008 and 

West Virginia submitted the formal SIP 

revision on July 20, 2009. 

The purpose of this SIP revision is to 

shorten the time period by which 

permits for construction and operation 

may be issued for sources subject to 

minor NSR rules; to allow, in certain 

instances, construction prior to 

obtaining a permit; and to allow 

equipment and materials to be delivered 

and stored onsite prior to minor NSR 

permit issuance. 

II. Summary of SIP Revision 

The July 20, 2009 SIP revision will (a) 

reduce the time allotted for West 

Virginia Department of Environmental 

Protection (WVDEP) to process minor 

NSR permits from 180 days to 90 days 

after a permit application is deemed 

complete, (b) reduce the time for 

WVDEP to process temporary minor 

NSR permits from 60 days to 45 days 

after a complete application is received, 

and (c) reduce the time for WVDEP to 

process Class II general permits from 90 

days to 45 days after a general permit 

registration application is deemed 

complete. The SIP revision also creates 

a mechanism for the following types of 

sources to commence construction prior 

to obtaining a permit, provided that 

operation does not commence until a 

permit is issued: New and modified 

stationary sources which are not major 

sources, major stationary sources 

proposing non-major modifications, and 

sources subject to general permits. 

Sources of hazardous air pollutants 

subject to CAA subsections 112(g) or 

112(j), sources seeking ‘‘synthetic 

minor’’ permits to avoid otherwise 

applicable standards, and sources 

requiring specific case-by-case emission 

limits under 45CSR21 or 45CSR27 are 

ineligible for permission to commence 

construction in advance of permit 

issuance. Additionally, the SIP revision 

allows equipment and materials to be 

delivered and stored onsite prior to 

permit issuance and includes other 

minor clarifying changes to West 

Virginia’s minor NSR rule. 

If WVDEP determines that any 

proposed construction, modification, 

registration or relocation interferes with 

attainment or maintenance of an 

applicable ambient air quality standard, 

causes or contributes to a violation of an 

applicable air quality increment, or is 

inconsistent with the intent and 

purpose of 45CSR13, WVDEP shall issue 

an order denying the proposed activity. 

No permission to commence 

construction in advance of permit 

issuance is allowed if WVDEP deems it 

is inconsistent with any Federal 

requirement, Federal delegation, 

Federally approved requirement in any 

SIP, or Federally approved requirement 

under the title V permitting program. 

Other specific requirements of the 

regulations and the rationale for EPA’s 

proposed action are explained in the 

NPR and will not be restated here. No 

public comments were received on the 

NPR. 

III. Final Action 

EPA is approving West Virginia’s SIP 

submission dated July 20, 2009, which 

consists of a new version of 45CSR13 

that revises West Virginia’s minor NSR 

Program as a revision to the West 

Virginia SIP. 

IV. Statutory and Executive Order 

Reviews 

A. General Requirements 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Rules and Regulations 42213 

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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 September 19, 2014. Filing a 

petition for reconsideration by the 

Administrator 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 related to West 

Virginia’s minor NSR Program may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: June 17, 2014. 

W.C. Early, 

Acting Regional Administrator, Region III. 

40 CFR Part 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 XX—West Virginia 

■ 2. In § 52.2520, the table in paragraph 

(c) is amended by revising the table 

heading and the entries for ‘‘[45 CSR] 

Series 13’’ to read as follows: 

§ 52.2520 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP 

State citation 

[Chapter 16–20 or 45 CSR] Title/subject 

State 

effective 

date 

EPA Approval date 

Additional 

explanation/ 

citation at 40 CFR 

52.2565 

*******

[45 CSR] Series 13 Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to Commence Construction and 

Procedures for Evaluation 

Section 45–13–1 .......................... General ........................................ 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–2 .......................... Definitions .................................... 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–3 .......................... Reporting Requirements for Stationary Sources.6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–4 .......................... Administrative Updates to Existing Permits and General Permit Registrations.6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–5 .......................... Permit Application and Reporting 

Requirements for Construction 

of and Modifications to Stationary Sources.

6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–6 .......................... Determination of Compliance of 

Stationary Sources.

6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–7 .......................... Modeling ...................................... 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–8 .......................... Public Review Procedures .......... 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–9 .......................... Public Meetings ........................... 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–10 ........................ Permit Transfer, Suspension, 

Revocation and Responsibility.

6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–11 ........................ Temporary Construction or Modification Permits.6/1/09 7–21–14 [Insert Federal Register citation].


tkelley on DSK3SPTVN1PROD with RULES
42214 Federal Register / Vol. 79, No. 139 / Monday, July 21, 2014 / Rules and Regulations 

EPA-APPROVED REGULATIONS IN THE WEST VIRGINIA SIP—Continued 

State citation 

[Chapter 16–20 or 45 CSR] Title/subject 

State 

effective 

date 

EPA Approval date 

Additional 

explanation/ 

citation at 40 CFR 

52.2565 

Section 45–13–12 ........................ Permit Application Fees .............. 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–13 ........................ Inconsistency Between Rules ..... 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–14 ........................ Statutory Air Pollution .................. 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–15 ........................ Hazardous Air Pollutants ............. 6/1/09 7–21–14 [Insert Federal Register citation].

Section 45–13–16 ........................ Application for Permission to 

Commence Construction in Advance of Permit Issuance.

6/1/09 7–21–14 [Insert Federal Register citation].New. 

TABLE 45–13A ............................ Potential Emission Rate .............. 6/1/09 7–21–14 [Insert Federal Register citation].

TABLE 45–13B ............................ De Minimus Sources ................... 6/1/09 7–21–14 [Insert Federal Register citation].

* * * * * * * 

* * * * * 

[FR Doc. 2014–16409 Filed 7–18–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

[Docket No. DARS–2014–0011] 

48 CFR Chapter 2, Appendix A 

Defense Federal Acquisition 

Regulation Supplement: Rules of the 

Armed Services Board of Contract 

Appeals (No DFARS Case) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update the Rules of the 

Armed Services Board of Contract 

Appeals (ASBCA). The final rule revises 

and reorders the Board’s Rules for 

clarity and consistency and accounts for 

changes in technology, provides 

updated contact information, and adds 

two addendums. 

DATES: Effective July 21, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Gardin, Deputy General Counsel, 

ASBCA, 703–681–8502, or Catherine 

Stanton, General Counsel, ASBCA, 703– 

681–8501. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 28, 2014, DoD published 

a proposed rule in the Federal Register 

at 79 FR 11374 to revise the DFARS to 

update the Rules of the Armed Services 

Board of Contract Appeals at 48 CFR 

Chapter 2, Appendix A, Part 2. The rule 

proposed to revise and reorder the 

Board’s Rules for clarity and 

consistency and account for changes in 

technology, remove contradictions, 

resolve ambiguities, provide updated 

contact information to allow for some 

electronic communication by litigants 

appearing before the Board, and added 

two addendums: Equal Access to Justice 

Act Procedures and Alternative Methods 

of Dispute Resolution, previously not 

formally contained in the Rules. 

Two respondents submitted public 

comments in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments is provided 

below. Minor changes were made to the 

final rule based on the comments. 

A. Analysis of Public Comments 

Comment 1: One respondent 

recommended that the Board consider 

implementing an electronic filing 

standard equivalent to the systems 

utilized by the federal court system. 

Response: The Board’s proposed 

Rules provide for electronic filing, 

formalizing the guidance currently 

issued to the parties concerning 

electronic filings. The Board has not 

identified advantages sufficient to 

justify an electronic filing system 

similar to those in use in the federal 

courts. Moreover, the Board has pro se 

and foreign appellants that sometimes 

do not have the capability to send or 

receive documents electronically. The 

Board considers this proposed change 

unnecessary. 

Comment 2: Rule 1(a). One 

respondent recommended allowing the 

copy of the notice of appeal that the 

appellant sends to the contracting 

officer be transmitted in accordance 

with the methods outlined in Rule 2(a) 

and that, if the electronic mail option is 

used, the appellant must use an address 

reasonably calculated to reach the 

contracting officer. 

Response: The proposed Rules 

currently allow notices of appeal to be 

transmitted via the methods set out in 

Rule 2(a). The Board sees no reason to 

single out copies of notices of appeal 

sent to contracting officers for special 

treatment. The Board considers this 

proposed change unnecessary. 

Comment 3: Rule 1(b). One 

respondent commented that Rule 1(b) 

should include a requirement that 

appeals having an amount in dispute 

over $100,000 shall contain the 

certification required by FAR 33.207(c). 

The respondent stated that this would 

ensure that the mandate at FAR 

33.207(f) is met as it would correct any 

defective certification ‘‘prior to the entry 

of . . . a decision by an agency BCA.’’ 

Response: Notices of appeal are not 

required to be certified under the 

Contract Disputes Act or the Federal 

Acquisition Regulation. Claims are 

required to be certified by the Contract 

Disputes Act, not the Board’s Rules. The 

Board considers this proposed change 

unnecessary. 

Comment 4: Rule 1(c). One 

respondent recommended that the 

Board provide its notification of 

docketing electronically and that, 

therefore, the filed appeal would need 

to include a valid email address for both 


tkelley on DSK3SPTVN1PROD with RULES