Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 20439 

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 expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

8. Taking of Private Property 

This rule would not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

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 

would not create an environmental risk 

to health or risk to safety that might 

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 would 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 rule 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 guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule simply 

promulgates the operating regulations or 

procedures for drawbridges. This rule is 

categorically excluded, under figure 2– 

1, paragraph (32)(e), of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise § 117.875 to read as follows: 

§ 117.875 Coquille River. 

The draws of the US 101 highway 

bridge, mile 3.5 at Bandon, Oregon, 

need not be opened for the passage of 

vessels; however, the draws shall be 

restored to operable condition within 6 

months after notification by the District 

Commander to do so. 

Dated: April 2, 2015. 

R.T. Gromlich, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2015–08757 Filed 4–15–15; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2015–0236] 

RIN 1625–AA00 

Safety Zone; Sabine River, Orange, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Sabine River 

in Orange, TX in support of Deep South 

Racing Association boat races. This 

temporary safety zone is necessary to 

protect the surrounding public and 

vessels from the hazards associated with 

a boat race competition. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port or 

his designated representative. 

DATES: This rule is effective on May 30 

and 31, 2015. This rule will be enforced 

from 8:30 a.m. until 6:00 p.m. on May 

30 and May 31, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket [USCG– 

2015–0236]. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Scott Whalen, U.S. Coast 

Guard MSU Port Arthur, (409) 719–5086 

or email, scott.k.whalen@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Cheryl Collins, Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

BNM Broadcast Notices to Mariners 

DSRA Deep South Racing Association 

DHS Department of Homeland Security 

FR Federal Register 

LNM Local Notice to Mariners 

NPRM Notice of Proposed Rulemaking 

A. Regulatory History and Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. The Coast 

Guard received notice on March 16, 

2015 that this event is planned to take 


tkelley on DSK3SPTVN1PROD with RULES
20440 Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 

place May 30 and 31, 2015. Upon full 

review of the event details, the Coast 

Guard determined that additional safety 

measures are necessary. Completing the 

full NPRM process would be 

impracticable, delaying the effective 

date for this safety zone. Immediate 

action is necessary to protect event 

participants and members of the public 

from hazards associated with high speed 

boat races on the waterway. This event 

is advertised and the local community 

has planned for this event. Delaying the 

safety zone may also unnecessarily 

interfere with the planned event and 

possible contractual obligations. 

The Coast Guard will notify the 

public and maritime community that 

the safety zone will be in effect and of 

its enforcement periods via broadcast 

notices to mariners (BNM) and will be 

published in the Local Notice to 

Mariners (LNM). 

B. Basis and Purpose 

The Deep South Racing Association 

(DSRA) is holding a two day watercraft 

race competition on the Sabine River in 

Orange, TX on May 30 and 31, 2015. 

This event poses a hazard to life and 

property as it involves high speed 

watercraft racing in a narrow waterway 

used by other commercial and 

recreational vessel traffic. Additionally, 

the race event is likely to attract 

spectator craft to the area. The Coast 

Guard determined that a temporary 

safety zone is needed to protect 

spectators as well as persons 

participating in the event. The legal 

basis and authorities for this rulemaking 

establishing a safety zone are found in 

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, which 

collectively authorize the Coast Guard 

to establish and define regulatory safety 

zones. 

C. Discussion of the Temporary Final 

Rule 

The Coast Guard is establishing a 

temporary safety zone encompassing all 

waters of the Sabine River, shoreline to 

shoreline, adjacent to the Naval Reserve 

Unit and the Orange public boat ramps 

located in Orange, TX. The northern 

boundary is from the end of Navy Pier 

One at 30°05′50′′ N. 93°43′15′′ W. then 

easterly to the rivers eastern shore. The 

southern boundary is a line shoreline to 

shoreline at latitude 30°05′33′′ N. 

(NAD83). 

This safety zone is needed to protect 

mariners and event participants from 

hazards associated with high speed boat 

races. No person or vessel may enter 

into or remain in the zone without 

permission of the Captain of the Port. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes and executive 

orders. 

1. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of Executive Order 12866 

or under section 1 of Executive Order 

13563. The Office of Management and 

Budget has not reviewed it under those 

Orders. 

The Coast Guard has determined that 

this rule is not a significant regulatory 

action for the following reasons: (1) The 

rule will be enforced for 9.5 hours each 

day for two days; (2) scheduled breaks 

will be provided to allow waiting 

vessels to transit safely through the 

affected area; (3) persons and vessels 

may enter, transit through, anchor in, or 

remain within the regulated area if they 

obtain permission from the Captain of 

the Port or the designated 

representative; and (4) advance 

notification will be made to the 

maritime community via BNM and 

LNM. Therefore, the Coast Guard 

enforcement of this safety zone is not a 

significant regulatory action. 

2. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 5 U.S.C. 601–612, as amended, 

requires federal agencies to consider the 

potential impact of regulations on small 

entities during rulemaking. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

This rule may affect the following 

entities, some of which might be small 

entities: the owners or operators of 

vessels intending to transit through or 

remain in the safety zone area. The 

Coast Guard certifies under 5 U.S.C. 

605(b) that this rule will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: (1) This rule will 

only be enforced from 8:30 a.m. until 6 

p.m. each day that it is effective; (2) 

during non-enforcement hours all 

vessels will be allowed to transit 

through the safety zone without having 

to obtain permission from the Captain of 

the Port, Port Arthur or a designated 

representative; and (3) vessels will be 

allowed to pass through the zone with 

permission of the Coast Guard Patrol 

Commander during scheduled break 

periods between races and at other 

times when permitted by the Coast 

Guard Patrol Commander. 

3. Assistance for Small Entities 

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, above. 

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. 

4. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

5. Federalism 

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 

determined that this rule does not have 

implications for federalism. 

6. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 73 / Thursday, April 16, 2015 / Rules and Regulations 20441 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

7. 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. 

8. Taking of Private Property 

This rule will not cause a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

9. Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

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 a safety 

zone established for the protection of 

spectators from the hazards associated 

with a personal watercraft race 

competition. This rule is categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of the 

Commandant Instruction. A checklist 

and categorical exclusion determination 

will be provided in the docket 

accessible as indicated under 

ADDRESSES. 

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. A new temporary section, 

§ 165.T08–0236, is added to read as 

follows: 

§ 165.T08–0236 Safety Zone; Sabine River, 

Orange, TX. 

(a) Location. The following area is a 

safety zone: All waters of the Sabine 

River, shoreline to shoreline, adjacent to 

the Orange public boat ramps located in 

Orange, TX. The northern boundary is 

from the end of old Navy Pier One at 

30°05′50′′ N. 93°43′15′′ W. then easterly 

to the rivers eastern shore. The southern 

boundary is a line shoreline to shoreline 

at latitude 30°05′33′′ N. (NAD83). 

(b) Effective dates and enforcement 

times. This rule is effective on May 30 

and 31, 2015. This rule will be enforced 

from 8:30 a.m. until 6:00 p.m. on May 

30 and 31, 2015. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, no person or vessel may enter 

into or remain in the zone without 

permission of the Captain of the Port. 

(2) Persons or vessels requiring entry 

into or passage through the zone may 

contact the Captain of the Port, Port 

Arthur, or a designated representative. 

They may be contacted on VHF–FM 

Channels 16, or by phone at (409) 719– 

5070. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port, Port Arthur and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the U.S. Coast Guard. 

(d) Information Broadcasts. The 

Captain of the Port, Port Arthur or a 

designated representative will inform 

the public through broadcast notices to 

mariners of the enforcement period for 

the safety zone as well as any changes 

in the planned schedule. 

Dated: March 31, 2015. 

R.S. Ogrydziak, 

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

Port, Port Arthur. 

[FR Doc. 2015–08759 Filed 4–15–15; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 

[EPA–R04–OAR–2014–0220; FRL–9926–34– 

Region 4] 

Air Quality Implementation Plan; 

Florida; Attainment Plan for the 

Hillsborough Area for the 2008 Lead 

National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve revisions to the state 

implementation plan (SIP), submitted 

by the State of Florida through the 

Florida Department of Environmental 

Protection (FL DEP), on June 29, 2012, 

as amended on June 27, 2013, for the 

purpose of providing for attainment of 

the 2008 Lead (Pb) National Ambient 

Air Quality Standards (NAAQS) in the 

Hillsborough 2008 Lead nonattainment 

area (hereafter referred to as the 

‘‘Hillsborough Area’’ or ‘‘Area’’). The 

Hillsborough Area is comprised of a 

portion of Hillsborough County in 

Florida surrounding EnviroFocus 

Technologies, LLC (hereafter referred to 

as ‘‘EnviroFocus’’). The attainment plan 


tkelley on DSK3SPTVN1PROD with RULES