63534 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

AIRAC date State City Airport FDC No. FDC date Subject 

16-Oct-14 ........... VA Danville ............................ Danville Rgnl .................... 4/7244 09/03/14 RNAV (GPS) RWY 2, 

Orig. 

16-Oct-14 ........... KS Independence .................. Independence Muni ......... 4/7880 08/28/14 ILS OR LOC RWY 35, 

Amdt 1B. 

16-Oct-14 ........... WA Pullman/Moscow,ID ......... Pullman/Moscow Rgnl ..... 4/9288 09/03/14 RNAV (GPS) Y RWY 6, 

Amdt 2B. 

16-Oct-14 ........... WA Pullman/Moscow,ID ......... Pullman/Moscow Rgnl ..... 4/9292 09/03/14 RNAV (GPS) RWY 24, 

Amdt 1A. 

16-Oct-14 ........... WA Pullman/Moscow,ID ......... Pullman/Moscow Rgnl ..... 4/9294 09/03/14 RNAV (RNP) Z RWY 6, 

Orig. 

16-Oct-14 ........... WA Pullman/Moscow,ID ......... Pullman/Moscow Rgnl ..... 4/9299 09/03/14 VOR RWY 6, Amdt 9. 

[FR Doc. 2014–25021 Filed 10–23–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0922] 

RIN 1625–AA00 

Safety Zone: Semisubmersible 

Loading Operation Safety Zone, South 

San Francisco Bay, San Francisco, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the navigable waters of South San 

Francisco Bay in support of the 

Semisubmersible Loading Operation 

taking place between October 14 and 23, 

2014 for a 24-hour period. This safety 

zone is established to ensure the safety 

of workers, mariners, and other vessels 

transiting the area from the dangers 

associated with the loading operations. 

Unauthorized persons or vessels are 

prohibited from entering into, transiting 

through, or remaining in the safety zone 

without permission of the Captain of the 

Port or their designated representative. 

DATES: This rule is effective without 

actual notice from 12:01 a.m. to 11:59 

p.m. on October 24, 2014. For the 

purposes of enforcement, actual notice 

will be used from October 14, 2014, 

until October 24, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of docket USCG– 

2014–0922. 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 Lieutenant Junior Grade Joshua V. 

Dykman, U.S. Coast Guard Sector San 

Francisco; telephone (415) 399–3585 or 

email at D11–PF-MarineEvents@

uscg.mil. If you have questions on 

viewing or submitting material to the 

docket, call the Program Manager, 

Docket Operations, telephone (202) 

366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NOAA National Oceanic and Atmospheric 

Administration 

PATCOM U.S. Coast Guard Patrol 

Commander 

ULCV Ultra Large Container Vessel 

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) (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.’’ Notice and 

comment procedures would be 

impracticable as the Coast Guard 

received the final information about the 

date and time of the Semisubmersible 

Loading Operation on October 1, 2014, 

and the operation would occur before 

the rulemaking process would be 

completed. Because of the dangers 

posed by this operation, the safety zone 

is necessary to provide for the safety of 

the workers, mariners, and other vessels 

transiting the area. 

For similar reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. For 

the safety concerns noted, it is in the 

public interest to have these regulations 

in effect during the event. 

B. Basis and Purpose 

The legal basis for the rule is 33 U.S.C 

1231; 46 U.S.C Chapter 701, 3306, 3703; 

50 U.S.C. 191, 195; 33 CFR 1.05–1, 

6.04–1, 6.04–6, 160.5; Public Law 107– 

295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 

0170.1, which collectively authorize the 

Coast Guard to establish safety zones. 

The Port of San Francisco will 

sponsor the Semisubmersible Loading 

Operation Safety Zone taking place 

between October 14 and 23, 2014, for a 

24-hour period, in South San Francisco 

Bay, CA as depicted in National Oceanic 

and Atmospheric Administration 

(NOAA) Charts 18649 and 18651. This 

safety zone establishes a temporary 

restricted area on the waters within 500 

feet of the anchored semisubmersible 

and all support vessels engaged in the 

loading operation at Anchorage 9 in 

approximate position 37°46′09′′ N, 

122°21′31′′ W (NAD83). This restricted 

area around the vessels engaged in the 

loading operation is necessary to 

provide for the safety of workers, 

mariners, and other vessels transiting 

the area from the hazards associated 

with the loading operation. 

C. Discussion of the Final Rule 

The Coast Guard will enforce a safety 

zone in navigable waters around and 

under the semisubmersible and all 

support vessels within 500 feet in South 

San Francisco Bay during the loading 

operation taking place between October 

14 and 23, 2014 for a 24-hour period. 

Upon the conclusion of the loading 

operation the safety zone shall 

terminate. 

The effect of the temporary safety 

zone will be to restrict navigation in the 

vicinity of the loading operation until 

the conclusion of the operation. Except 


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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 63535 

for persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the restricted area. These regulations are 

needed to keep vessels away from the 

vessels engaged in the loading operation 

to ensure the freedom of movement of 

workers and ensure the safety of 

mariners transiting the area. 

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. 

We expect the economic impact of 

this rule will not rise to the level of 

necessitating a full Regulatory 

Evaluation. The safety zone is limited in 

duration, and is limited to a narrowly 

tailored geographic area. In addition, 

although this rule restricts access to the 

waters encompassed by the safety zone, 

the effect of this rule will not be 

significant because the local waterway 

users will be notified via public 

Broadcast Notice to Mariners to ensure 

the safety zone will result in minimum 

impact. The entities most likely to be 

affected are waterfront facilities, 

commercial vessels, and pleasure craft 

engaged in recreational activities. 

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 owners and 

operators of waterfront facilities, 

commercial vessels, and pleasure craft 

engaged in recreational activities and 

sightseeing. This safety zone would not 

have a significant economic impact on 

a substantial number of small entities 

for the following reasons. This safety 

zone would be activated, and thus 

subject to enforcement, for a limited 

duration. When the safety zone is 

activated, vessel traffic may coordinate 

movements around the safety zone by 

contacting PATCOM on VHF channel 

16. The maritime public will be advised 

in advance of this safety zone via 

Broadcast Notice to Mariners. 

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 

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. 


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63536 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Rules and Regulations 

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 of limited size and duration. This 

rule 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. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, and 

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; 46 U.S.C. 

Chapter 701, 3306, 3707; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T11–670 to read as 

follows: 

§ 165.T11–670 Safety zone; 

Semisubmersible Loading Operation Safety 

Zone, South San Francisco Bay, San 

Francisco, CA. 

(a) Location. This temporary safety 

zone is established in the navigable 

waters of South San Francisco Bay 

within 500 feet of the anchored 

semisubmersible and all support vessels 

engaged in the loading operation at 

Anchorage 9 in approximate position 

37°46′09′′ N, 122°21′31′′ W (NAD83). 

(b) Enforcement Period. The zone 

described in paragraph (a) of this 

section will be enforced for a 24-hour 

period between October 14 and 23, 

2014. The Captain of the Port San 

Francisco (COTP) will notify the 

maritime community of periods during 

which this zone will be enforced via 

Broadcast Notice to Mariners in 

accordance with 33 CFR 165.7. 

(c) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

on a Coast Guard vessel or a Federal, 

State, or local officer designated by or 

assisting the COTP pursuant to a 

Memorandum of Understanding with 

that agency, to assist in the enforcement 

of the safety zone. 

(d) Regulations. (1) Under the general 

regulations in 33 CFR Part 165, Subpart 

C, entry into, transiting or anchoring 

within this safety zone is prohibited 

unless authorized by the COTP or a 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

representative to obtain permission to 

do so. Vessel operators given permission 

to enter or operate in the safety zone 

must comply with all directions given to 

them by the COTP or a designated 

representative. Persons and vessels may 

request permission to enter the safety 

zone by contacting the Coast Guard 

Patrol Commander on VHF channel 

23A. 

Dated: October 9, 2014. 

Gregory G. Stump, 

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

Port San Francisco. 

[FR Doc. 2014–25383 Filed 10–23–14; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2014–0646; FRL–9918–38– 

Region 9] 

Findings of Failure To Submit State 

Implementation Plan; California; 

Interstate Transport Requirements for 

2006 24-Hour Fine Particulate Matter 

(PM2.5) National Ambient Air Quality 

Standards 

AGENCY: Environmental Protection 

Agency. 

ACTION: Final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is making a 

finding that California has not 

submitted a State Implementation Plan 

(SIP) revision for the Clean Air Act 

(CAA or Act) provisions that require the 

SIP to contain adequate provisions to 

address the transport of air pollution to 

other states. Specifically, these 

requirements pertain to significant 

contribution to nonattainment, or 

interference with maintenance, of the 

2006 24-hour fine particulate matter 

(PM2.5) national ambient air quality 

standards (NAAQS) in any other state. 

EPA refers to such submittals as 

‘‘interstate transport’’ SIPs and often 

refers to the specific requirements 

addressed in this final rule as ‘‘prongs 

1 and 2’’ since they address the first two 

of several interstate transport 

requirements. This finding of failure to 

submit establishes a deadline of 24 

months after the effective date of this 

final rule for EPA to promulgate a 

Federal Implementation Plan (FIP) to 

address these two interstate transport 

requirements for California for the 2006 

24-hour PM2.5 NAAQS unless, prior to 

that time, the state submits, and EPA 

approves, a submittal that meets these 

requirements. 

DATES: Effective Date: This final rule is 

effective on November 24, 2014. 

ADDRESSES: EPA has established a 

docket for this action, identified by 

Docket ID Number EPA–R09–OAR– 

2014–0646. The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., confidential 

business information (CBI)). To inspect 

the hard copy materials, please schedule 

an appointment during normal business 

hours with the contact listed directly 

below. 

FOR FURTHER INFORMATION CONTACT: Rory 

Mays, Air Planning Office (AIR–2), EPA 

Region IX, (415) 972–3227, mays.rory@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Section 553 of the Administrative 

Procedures Act, 5 United States Code 

(U.S.C.) 553(b)(B), provides that, when 

an agency for good cause finds that 

notice and public procedure are 

impracticable, unnecessary or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

EPA has determined that there is good 

cause for making this rule final without 

prior proposal and opportunity for 


rmajette on DSK2TPTVN1PROD with RULES