7974 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exists 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120, E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, effective 

September 15, 2015, is amended as 

follows: 

Paragraph 6006 Enroute Domestic Airspace 

Areas. 

* * * * * 

AGL MN E6 International Falls, MN [New] 

That airspace extending upward from 

1,200 feet above the surface within an area 

bounded by lat. 49°00′00′′ N., long. 

095°00′00′′ W.; to lat. 49°00′00′′ N., long. 

093°30′00′′ W.; to lat. 48°06′30′′ N., long. 

090°06′00′′ W.; to lat. 47°53′00′′ N., long. 

090°55′00′′ W.; to lat. 48°34′00′′ N., long. 

094°00′00′′ W.; to lat. 48°40′00′′ N., long. 

095°00′00′′ W., thence to the point of 

beginning, excluding that airspace within 

Federal airways and within Canadian 

airspace. 

Issued in Fort Worth, TX, on February 4, 

2016. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–03067 Filed 2–16–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2016–0099] 

Drawbridge Operation Regulation; 

Hackensack River, Kearney, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Amtrak Portal 

Bridge across the Hackensack River, 

mile 5.0, at Kearney, New Jersey. This 

deviation is necessary to allow the 

bridge owner to perform structural 

repairs at the bridge. 

DATES: This deviation is effective from 

10 p.m. on February 26, 2016 to 5 a.m. 

on February 28, 2016. 

ADDRESSES: The docket for this 

deviation, [USCG–2016–0099] is 

available at 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 deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Joe M. Arca, 

Project Officer, First Coast Guard 

District, telephone (212) 514–4336, 

email joe.m.arca@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Amtrak Portal Bridge across Hackensack 

River, at Kearney, New Jersey, has a 

vertical clearance in the closed position 

of 23 feet at mean high water and 28 feet 

at mean low water. The existing bridge 

operating regulations are found at 33 

CFR 117.723(e). 

The waterway is transited by seasonal 

recreational vessels of various sizes. 

There is one sewage facility upstream of 

the bridge that transits the bridge twice 

a week. 

The bridge owner, AMTRAK, 

requested a temporary deviation from 

the normal operating schedule to 

facilitate structural repairs at the bridge. 

Under this temporary deviation, the 

Amtrak Portal railroad bridge shall 

remain in the closed position from 10 

p.m. on February 26, 2016 to 5 a.m. 

February 28, 2016. 

Vessels able to pass under the bridge 

in the closed position may do so at any 

time. The bridge will not be able to open 

for emergencies and there is no 

immediate alternate route for vessels to 

pass. 

The Coast Guard will inform the users 

of the waterways through our Local 

Notice and Broadcast to Mariners of the 

change in operating schedule for the 

bridge so that vessel operations can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: February 11, 2016. 

C.J. Bisignano, 

Supervisory Bridge Management Specialist, 

First Coast Guard District. 

[FR Doc. 2016–03148 Filed 2–16–16; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2015–1096] 

RIN 1625–AA00 

Safety Zone; Navy UNDET, Apra Outer 

Harbor, GU 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

underwater detonation operations in the 

waters of Apra Outer Harbor in Piti, 

Guam. This rule is effective from 10 

a.m. until 4 p.m. on February 19, 2016. 

The Coast Guard believes this safety 

zone regulation is necessary to protect 

all persons and vessels that would 

otherwise transit or be within the 

affected area from possible safety 

hazards associated with underwater 

detonation operations. Entry of vessels 

or persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Guam. 

DATES: This rule is effective from 10 

a.m. through 4 p.m. on February 19, 

2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2015– 

1096 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Chief Kristina Gauthier, Sector 

Guam, U.S. Coast Guard; (671) 355– 

4866, Kristina.M.Gauthier@uscg.mil. 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 7975 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

UNDET Underwater detonation 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

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 the 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 because doing 

so would be impracticable and contrary 

to public interest. The Coast Guard 

received notice of this operation on 

December 10, 2015, only 71 days before 

the operation is scheduled. As a result, 

the Coast Guard did not have time to 

issue a notice of proposed rulemaking. 

It is impracticable to publish an NPRM 

because we must establish this safety 

zone by February 19, 2016. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. Due 

to the late notice and inherent danger in 

underwater exercises, delaying the 

effective period of this safety zone 

would be contrary to the public interest. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Guam (COTP) has 

determined that potential hazards 

associated with the U.S. Navy training 

exercise which include detonation of 

underwater explosives on February 19, 

2016 will be a safety concern for anyone 

within a 700-yard radius on the surface 

and 1400-yard radius underwater of the 

operation. This rule is needed to protect 

personnel, vessels, and the marine 

environment in the navigable waters 

within the safety zone during the 

exercise. Mariners and divers 

approaching too close to such exercises 

could potentially expose the mariner to 

flying debris or other hazardous 

conditions. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 10 a.m. through 4 p.m. on February 

19, 2016. The safety zone will cover all 

navigable waters within 700 yards on 

the surface and 1400 yards underwater 

of vessels and machinery being used by 

Navy. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters during the underwater 

detonation exercise. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders (E.O.s) related to 

rulemaking. Below we summarize our 

analyses based on a number of these 

statutes and E.O.s, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

E.O.s 12866 and 13563 direct agencies 

to assess the costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits. E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has not been 

designated a ‘‘significant regulatory 

action,’’ under E.O. 12866. Accordingly, 

it has not been reviewed by the Office 

of Management and Budget. 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. Vessel 

traffic will be able to safely transit 

around this safety zone which will 

impact a small designated area of Apra 

Outer Harbor in Piti, GU, for 6 hours. 

Moreover, the Coast Guard will issue 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone 

and the rule allows vessels to seek 

permission to enter the zone. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 

1980, 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. 

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. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section 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 will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under E.O. 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 

E.O. 13132. 

Also, this rule does not have tribal 

implications under E.O. 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 


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7976 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Rules and Regulations 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 (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 lasting 6 hours that will prohibit 

entry within 700 yards on the surface 

and 1400 underwater of vessels and 

machinery being used by Navy 

personnel. It is categorically excluded 

from further review under paragraph 

34(g) 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. 

G. 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 

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.T14–1096 to read as 

follows: 

§ 165. T14–1096 Safety Zone; Navy 

UNDET, Apra Outer Harbor, GU. 

(a) Location. The following areas, 

within the Guam Captain of the Port 

(COTP) Zone (See 33 CFR 3.70–15), 

from the surface of the water to the 

ocean floor, are safety zones: 

(1) Seven-hundred-yard-radius-zone. 

All surface waters bounded by a circle 

with a 700-yard radius centered at 13 

degrees 27 minutes 42 seconds North 

Latitude and 144 degrees 38 minutes 30 

seconds East Longitude, (NAD 1983). 

(2) Fourteen-hundred-yard-radiuszone. All underwater areas bounded by 

a circle with a 1400 yard radius 

centered at 13 degrees 27 minutes 42 

seconds North Latitude and 144 degrees 

38 minutes 30 seconds East Longitude, 

(NAD 1983). 

(b) Effective period. This section is 

effective from 10 a.m. through 4 p.m. on 

February 19, 2016. 

(c) Regulations. The general 

regulations governing safety zones 

contained in 33 CFR 165.23 apply. No 

vessels may enter or transit safety zone 

(a)(1) and no persons in the water may 

enter or transit safety zone (a)(2) unless 

authorized by the COTP or a designated 

representative thereof. 

(d) Enforcement. Any Coast Guard 

commissioned, warrant, or petty officer, 

and any other COTP representative 

permitted by law, may enforce these 

temporary safety zones. 

(e) Waiver. The COTP may waive any 

of the requirements of this section for 

any person, vessel, or class of vessel 

upon finding that application of the 

safety zone is unnecessary or 

impractical for the purpose of maritime 

security. 

(f) Penalties. Vessels or persons 

violating this rule are subject to the 

penalties set forth in 33 U.S.C. 1232 and 

50 U.S.C. 192. 

Dated: January 27, 2016. 

James B. Pruett, 

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

Port, Guam. 

[FR Doc. 2016–03224 Filed 2–16–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2015–0431; FRL–9942–29– 

Region 6] 

Approval and Promulgation of 

Implementation Plans; New Mexico/

Albuquerque-Bernalillo County; 

Infrastructure and Interstate Transport 

State Implementation Plan for the 2010 

Sulfur Dioxide National Ambient Air 

Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) submission 

from the Governor of New Mexico for 

the City of Albuquerque-Bernalillo 

County for the 2010 Sulfur Dioxide 

(SO2) National Ambient Air Quality 

Standards (NAAQS). The submittal 

addresses how the existing SIP provides 

for implementation, maintenance, and 

enforcement of the 2010 SO2 NAAQS 

(infrastructure SIP or i-SIP). This i-SIP 

ensures that the State’s SIP for 

Albuquerque-Bernalillo County is 

adequate to meet the state’s 

responsibilities under the Federal Clean 

Air Act (CAA or Act), including the four 

CAA requirements for interstate 

transport of SO2 emissions. 

DATES: This final rule is effective on 

March 18, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R06–OAR–2015–0431. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., 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 http://

www.regulations.gov or in hard copy at 

the EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733. 


asabaliauskas on DSK5VPTVN1PROD with RULES