Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 51349 

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 a category 

of actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

involves a safety zone that encompasses 

all navigable waters within 250 yards of 

a dredge, diving operations, pipeline 

removal operations and all associated 

equipment. It is categorically excluded 

from further review under paragraph 

34(g) of Figure 2–1 of the Commandant 

Instruction. A Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. 

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.T05–1011, to read as 

follows: 

§ 165.T05–1011 Safety Zone, Delaware 

River; Pipeline Removal. 

(a) Location. The following areas are 

safety zones: 

(1) Safety zone one includes all 

navigable waters within 250 yards of the 

dredge barge 549 and associated 

equipment operating in Mifflin Range 

and Anchorage 9 near the entrance to 

Mantua Creek, upriver of green buoy 63, 

on the Delaware River. 

(2) Safety zone two includes all 

navigable waters within 250 yards of the 

dive barge 543 and associated 

equipment operating in Mifflin range 

and Anchorage 9 near the entrance to 

Mantua Creek, upriver of green buoy 63, 

on the Delaware River. 

(b) Definitions. (1) Captain of the Port 

means the Commander Sector Delaware 

Bay or any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port to 

act on his behalf. 

(2) Designated representative means 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the Captain of the Port, Delaware 

Bay, to assist with the enforcement of 

safety zones described in paragraph (a) 

of this section. 

(c) Regulations. The general safety 

zone regulations found in 33 CFR part 

165 subpart C apply to the safety zone 

created by this section. 

(1) Entry into or transiting within 

either safety zone is prohibited unless 

vessels obtain permission from the 

Captain of the Port via VHF–FM 

channel 16, or make satisfactory passing 

arrangements via VHF–FM channels 13 

or 65, with the towing vessel SHELBY 

per this section and the rules of the 

Road (33 CFR subchapter E). Vessels 

requesting to transit shall contact the 

towing vessel SHELBY on channel 13 or 

65, at least 1 hour, as well as 30 

minutes, prior to arrival. 

(2) Vessels granted permission to 

enter and transit the safety zone must do 

so in accordance with any directions or 

orders of the Captain of the Port, his 

designated representative, or the towing 

vessel SHELBY. No person or vessel 

may enter or remain in a safety zone 

without permission from the Captain of 

the Port or the towing vessel SHELBY. 

(3) At least one side of the main 

navigational channel will be kept clear 

for safe passage of vessels. 

(4) This section applies to all vessels 

that intend to transit through the safety 

zone except vessels that are engaged in 

the following operations: Enforcement 

of laws; service of aids to navigation, 

and emergency response. 

(d) Enforcement periods. This section 

will be enforced from November 6, 

2017, through December, 4 2017. 

Dated: November 1, 2017. 

Scott E. Anderson, 

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

Port, Delaware Bay. 

[FR Doc. 2017–24068 Filed 11–3–17; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2017–0138; FRL–9970–41– 

Region 1] 

Air Plan Approval; New Hampshire; 

Rules for Open Burning and 

Incinerators; Withdrawal of Direct Final 

Rule 

AGENCY: Environmental Protection 

Agency. 

ACTION: Withdrawal of direct final rule. 

SUMMARY: Due to the receipt of an 

adverse comment, the Environmental 

Protection Agency (EPA) is withdrawing 

the September 6, 2017 direct final rule 

approving a State Implementation Plan 

(SIP) revision submitted by the State of 

New Hampshire. New Hampshire’s SIP 

revision establishes emission standards 

and operating practices for incinerators 

and wood waste burners that are not 

regulated pursuant to federal incinerator 

standards. This action is being taken in 

accordance with the Clean Air Act. 

DATES: The direct final rule was 

published on September 6, 2017 (82 FR 

42037), and is withdrawn effective 

November 6, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Alison Simcox, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, New England Regional Office, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109— 

3912, telephone (617) 918–1684, 

facsimile (617) 918–0684, email 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

direct final rule, EPA stated that if 

adverse comments were submitted by 

October 6, 2017, the rule would be 

withdrawn and not take effect. EPA 

received an adverse comment prior to 

the close of the comment period and, 

therefore, is withdrawing the direct final 

rule. EPA will address the comment in 

a subsequent final action based upon 

the proposed rule also published on 

September 6, 2017 (82 FR 42054). EPA 

will not institute a second comment 

period on this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 


Pmangrum on DSK3GDR082PROD with RULES
51350 Federal Register / Vol. 82, No. 213 / Monday, November 6, 2017 / Rules and Regulations 

1EPA previously approved Maryland’s State Plan 

for large MWCs on April 8, 2008 (see 73 FR 18970). 

In addition, EPA previously approved, as a revision 

to the Maryland state implementation plan, the 

regulatory requirements for QA/QC controls for 

COMs in COMAR 26.11.31. 81 FR 78048 (November 

7, 2016). 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: October 24, 2017. 

Deborah A. Szaro, 

Acting Regional Administrator, EPA New 

England. 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ Accordingly, the amendments to 40 

CFR 52.1520 published in the Federal 

Register on September 6, 2017 (82 FR 

42037), on page 42040 are withdrawn 

effective November 6, 2017. 

[FR Doc. 2017–24113 Filed 11–3–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2017–0484; FRL–9970–28– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; Continuous Opacity 

Monitoring Requirements for Municipal 

Waste Combustors 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking direct final 

action to approve revisions to the State 

of Maryland’s Clean Air Act (CAA) 

section 111(d)/129 State Plan for 

municipal waste combustors (MWCs). 

The revisions contain Maryland’s 

amendments to Regulations .07 and .08 

under the Code of Maryland Regulations 

(COMAR) 26.11.08. These amendments 

update the MWC references to opacity 

compliance. The Maryland Department 

of the Environment (MDE)’s 

discontinued Technical Memorandum 

(TM 90–01) is no longer applicable and 

the regulations now refer to COMAR 

26.11.31, which codifies quality 

assurance (QA) and quality control (QC) 

procedures for continuous opacity 

monitors (COMs). EPA is approving this 

revision to remove TM 90–01 from 

Maryland’s CAA section 111(d)/129 

State Plan in accordance with the 

requirements of the CAA. 

DATES: This rule is effective on January 

5, 2018 without further notice, unless 

EPA receives adverse written comment 

by December 6, 2017. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0484 at https://

www.regulations.gov, or via email to 

aquino.marcos@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e., 

on the Web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Emily Linn, (215) 814–5273, or by email 

at linn.emily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 10, 2016, the State of 

Maryland submitted a formal revision 

(MD Submittal #16–05) to its CAA 

section 111(d)/129 State Plan for MWCs. 

The revisions contain Maryland’s 

amendments to COMAR 26.11.08.08, 

‘‘Requirements for an Existing Large 

MWC with a Capacity Greater Than 250 

Tons Per Day.’’ These amendments 

update the MWC references to opacity 

compliance previously made by MDE. 

MDE’s discontinued technical 

memorandum which previously 

addressed QA/QC procedures for COMs, 

TM 90–01, is no longer state effective 

and the Maryland regulations therefore 

now refer to COMAR 26.11.31, which 

codifies similar QA and QC procedures 

for COMs.1 In a state rulemaking action, 

MDE also revised the title of COMAR 

26.11.08.07, ‘‘Requirements for 

Municipal Waste Combustors with a 

Capacity of 35 tons or greater per day 

and less than or equal to 250 Tons Per 

Day,’’ to clarify that the state regulation 

applies to small MWCs. However, this 

clarification to the title of COMAR 

26.11.08.07 is a minor administrative 

change and is not part of this action. 

The text of 26.11.08.07 remains 

unchanged, and thus the requirements 

for MWCs remain unchanged. EPA is 

approving this revision to remove TM 

90–01 from Maryland’s 111(d)/129 State 

Plan for MWCs in accordance with the 

requirements of the CAA as the changes 

are administrative in nature. 

II. Summary of CAA Section 111(d)/129 

State Plan Revision and EPA Analysis 

EPA has reviewed Maryland’s 

submittal to revise its CAA section 

111(d)/129 State Plan for MWCs in the 

context of the requirements of 40 CFR 

part 60, subpart Eb. These amendments 

are largely administrative in nature. In 

this action, EPA is finalizing its 

determination that the submitted 

revision meets the above-cited 

requirements. EPA is revising 40 CFR 

part 62, subpart V (§ 62.5110 and 

§ 61.5112) to reflect this approval. 

III. Final Action 

EPA is approving the May 10, 2016 

Maryland CAA section 111(d)/129 State 

Plan revision submittal as a revision to 

Maryland’s CAA section 111(d)/129 

State Plan for MWCs. EPA is publishing 

this rule without prior proposal because 

EPA views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of this Federal Register, 

EPA is publishing a separate document 

that will serve as the proposal to 

approve the 111(d)/129 State Plan 

revision if adverse comments are filed. 

This rule will be effective on January 5, 

2018 without further notice unless EPA 

receives adverse comment by December 

6, 2017. If EPA receives adverse 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. EPA will address all 

public comments in a subsequent final 

rule based on the proposed rule. EPA 

will not institute a second comment 

period on this action. Any parties 

interested in commenting must do so at 

this time. 


Pmangrum on DSK3GDR082PROD with RULES