Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44733 

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 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 made a determination 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 action is categorically 

excluded from further review, under 

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

Instruction. 

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. 

VI. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this 

Temporary Interim Rule as being 

available in this docket and all public 

comments, will be in our online docket 

at http://www.regulations.gov and can 

be viewed by following that Web site’s 

instructions. Additionally, if you go to 

the online docket and sign up for email 

alerts, you will be notified when 

comments are posted or a final rule is 

published. 

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. In § 117.897, effective from 7 p.m. 

on September 27, 2017, through 7 p.m. 

on November 12, 2017, suspend 

paragraph (c)(3)(iv) and add paragraph 

(c)(3)(vi) to read as follows: 

§ 117.897 Willamette River. 

* * * * * 

(c) * * * 

(3) * * * 

(vi) Morrison Bridge, Portland, mile 

12.8, shall operate in single leaf, and 

open half the draw on signal if at least 

two hours notice is given. The vertical 

clearance of the non-functioning leaf 

will be reduced up to 10 feet. 

Dated: September 18, 2017. 

David Throop, 

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

Thirteenth Coast Guard District. 

[FR Doc. 2017–20512 Filed 9–25–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0573] 

Drawbridge Operation Regulation; 

Southern Branch of the Elizabeth 

River, Chesapeake, VA 

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 I–64 (High 

Rise) Bridge across the Atlantic 

Intracoastal Waterway, Southern Branch 

of the Elizabeth River, mile 7.1, at 

Chesapeake, VA. The deviation is 

necessary to facilitate routine 

maintenance. This deviation allows the 

bridge to remain in the closed-tonavigation position. 

DATES: This deviation is effective from 

7 a.m. on October 2, 2017 through 11 

p.m. on November 22, 2017. 

ADDRESSES: The docket for this 

deviation, [USCG–2017–0573] 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 Mr. Mickey 

Sanders, Bridge Administration Branch 

Fifth District, Coast Guard; telephone 

(757) 398–6587, email 

Mickey.D.Sanders2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Virginia Department of Transportation, 

owner and operator of the I–64 (High 

Rise) Bridge across the Atlantic 

Intracoastal Waterway, Southern Branch 

of the Elizabeth River, mile 7.1, at 

Chesapeake, VA, has requested a 

temporary deviation from the current 

operating schedule to accommodate 

annual maintenance to remove and 

replace the center locks and install new 

electrical wiring and lubrication piping. 

The bridge has a vertical clearance of 65 

feet above mean high water (MHW) in 

the closed position. 

The current operating schedule is set 

out in 33 CFR 117.997(e). Under this 


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44734 Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 

temporary deviation, the bridge will be 

maintained in the closed-to-navigation 

position for four (4) separate five (5) day 

periods from 7 a.m., October 2, 2017, 

through 11 p.m., October 6, 2017; from 

7 a.m., October 16, 2017, through 11 

p.m., October 20, 2017; from 7 a.m., 

October 30, 2017, through 11 p.m., 

November 3, 2017; from 7 a.m., 

November 13, 2017, through 11.p.m., 

November 17, 2017. The alternate dates 

for inclement weather are from 7 a.m., 

October 9, 2017, through 11 p.m., 

October 13, 2017; from 7 a.m., October 

23, 2017, through 11 p.m., October 27, 

2017; from 7 a.m., November 6, 2017, 

through 11 p.m., November 10, 2017; 

from 7 a.m., November 18, 2017, 

through 11 p.m., November 22, 2017. 

The bridge will open on signal if at least 

24 hours notice is given at all other 

times. 

The Atlantic Intracoastal Waterway, 

Southern Branch of the Elizabeth River 

is used by a variety of vessels including 

small commercial vessels, recreational 

vessels and tug and barge traffic. The 

Coast Guard has carefully coordinated 

the restrictions with waterway users in 

publishing this temporary deviation. 

Vessels able to pass through the 

bridge in the closed position may do so 

if at least 15 minutes notice is given. 

The bridge will not be able to open for 

emergencies and there is no immediate 

alternate route for vessels unable to pass 

through the bridge in the closed 

position. The Coast Guard will also 

inform the users of the waterways 

through our Local and Broadcast Notice 

to Mariners of the change in operating 

schedule for the bridge so that vessel 

operators can arrange their transits to 

minimize any impact caused by this 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of this effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: September 21, 2017. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2017–20564 Filed 9–25–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2016–0603; FRL–9968–22– 

Region 5] 

Air Plan Approval; Minnesota; 

Prevention of Significant Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a revision to 

the Minnesota State Implementation 

Plan (SIP) submitted on October 4, 2016. 

EPA is approving the state’s Prevention 

of Significant Deterioration (PSD) rules 

which incorporate the Federal PSD rules 

by reference. 

DATES: This final rule is effective on 

October 26, 2017. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R05–OAR–2016–0603. All 

documents in the docket are listed on 

the www.regulations.gov Web site. 

Although listed in the index, 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 through 

www.regulations.gov or at the 

Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Rachel 

Rineheart, Environmental Engineer, at 

(312) 886–7017 before visiting the 

Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Rineheart, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–7017, 

Rineheart.rachel@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. Comments Received and Response to 

Comments 

III. What action is EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Background 

Section 110(a)(2)(C) of the Clean Air 

Act (CAA) requires that each SIP 

include a program to provide for the 

regulation of construction and 

modification of stationary sources, 

including a permit program as required 

by part C of subsection I of the CAA— 

Prevention of Significant Deterioration 

of Air Quality. On October 4, 2016, the 

Minnesota Pollution Control Agency 

(MPCA) submitted a request to revise 

the Minnesota SIP to include Minn. R. 

7007.3000, which incorporates the 

Federal PSD rules at 40 CFR 52.21 by 

reference as the State’s SIP approved 

PSD program. Further, by letter dated 

June 1, 2017, MPCA clarified that it will 

not implement the provisions at 40 CFR 

52.21(g), (s), (t), and (u) because those 

provisions reference authorities that are 

retained by the EPA Administrator. 

EPA proposed to approve Minnesota’s 

PSD SIP on July 10, 2017. (82 FR 31741, 

July 10, 2017). EPA received comments 

on the proposed action from Guardian 

Energy, LLC, and Granite Falls Energy, 

LLC. Section II of this document 

provides a discussion of the comments 

received and EPA’s response. 

II. Comments Received and Response to 

Comments 

EPA received comments from 

Guardian Energy, LLC, and Granite Falls 

Energy, LLC. The letters from the two 

commenters are identical. The first 

comment from both commenters 

expressed support for the proposed 

action. The second comment from the 

two commenters is a request for EPA to 

clarify how changes in the Federal PSD 

regulations will be addressed in the 

Minnesota SIP approved regulations. 

Minn. R. 7007.3000 incorporates 40 CFR 

52.21 by reference, as amended. Both 

MPCA and EPA interpret this to mean 

that any changes to 40 CFR 52.21 will 

be automatically incorporated into 

Minn. R. 7007.3000, and will have the 

same effective date as the Federal 

rulemaking. 

III. What action is EPA taking? 

EPA is approving the request made by 

MPCA on October 4, 2016, to revise the 

Minnesota SIP to include Minn. R. 

7007.3000 as the State’s SIP approved 

PSD program. 

IV. Incorporation by Reference 

In this rule, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, EPA is finalizing the incorporation 


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