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Federal Register / Vol. 86, No. 139 / Friday, July 23, 2021 / Rules and Regulations
List of Subjects in 33 CFR Part 165

ENVIRONMENTAL PROTECTION
AGENCY

Harbors, Marine safety, Navigation water, Reporting and recordkeeping requirements, Security measures, Waterways.

40 CFR Part 52
EPAR09OAR20210373; FRL871502
R9

For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS

Finding of Failure To Submit a State Implementation Plan To Meet the 1987
24-Hour PM10 Standard; Moderate Area Requirements; West Pinal County;
Arizona Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

1. The authority citation for part 165
continues to read as follows:

Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.051, 6.041, 6.046, and 160.5;
Department of Homeland Security Delegation No. 0170.1.

2. Add 165.T080248 to read as follows:

165.T080248 Safety Zone; Cumberland River, Nashville, TN.

khammond on DSKJM1Z7X2PROD with RULES

a Location. The following area is a safety zone: All navigable waters of the Cumberland River from mile marker 190.5 to mile marker 191.5
b Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector Ohio Valley COTP in the enforcement of the safety zone.
c Regulations. 1 Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph a of this section unless authorized by the COTP
or the COTPs designated representative.
2 To seek permission to enter, contact the COTP or the COTPs representative by VHFFM radio channel 16 or phone at 1800253
7465. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
d Enforcement periods. This section will be enforced from 9 p.m. until 10:30
p.m. on August 7, 2021.
Dated: July 14, 2021.
A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
FR Doc. 202115767 Filed 72221; 8:45 am BILLING CODE 911004P

VerDate Sep<11>2014

18:24 Jul 22, 2021

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The Environmental Protection Agency EPA is making a finding that Arizona has not submitted a required revision to the Arizona State Implementation Plan SIP for the West Pinal County nonattainment area addressing Clean Air Act CAA
requirements for a Moderate area attainment plan, related rules, and other analyses needed to attain the 1987 24hour particulate matter PM10 National Ambient Air Quality Standard NAAQS
by December 31, 2018. Under the CAA, Arizona was required to submit a moderate area PM10 attainment plan for West Pinal County no later than January 2, 2014, and the State did so on December 21, 2015. On May 17, 2021, Arizona withdrew its Moderate area attainment plan submission. This finding establishes a deadline for EPA to promulgate a Federal Implementation Plan FIP to address these CAA
requirements 24 months from the effective date of this finding. The CAA
also provides for the imposition of sanctions if Arizona does not submit the required attainment plan within timeframes specified by the CAA.
DATES: This finding is effective on August 23, 2021.
ADDRESSES: The EPA has established a docket for this action identified by the following identification number, EPA
R09OAR20210373. Generally, documents in the docket for this action are available electronically at the www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., 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 through https
www.regulations.gov, or please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section for additional availability information. If SUMMARY:

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you need assistance in a language other than English or if you are a person with disabilities who needs a reasonable accommodation at no cost to you, please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jerry Wamsley, EPA Region IX, 415 947
4111, wamsley.jerry@epa.gov.
SUPPLEMENTARY INFORMATION: Section 553 of the Administrative Procedure Act APA, 5 U.S.C. 553bB, provides that an agency may issue a rule without providing notice and an opportunity for public comment when that agency finds for good cause that notice and public procedure are impracticable, unnecessary, or contrary to the public interest. The EPA has determined that there is good cause for issuing this finding without prior proposal and opportunity for comment because there is little or no judgment involved for the EPA to make a finding of failure to submit SIPs or elements of SIPs required by the CAA, where states have not submitted a required SIP revision by the date specified by statute, made incomplete submissions, or, as in this case, withdrawn an existing submission.
In such circumstances, EPA finds that notice and public procedures are unnecessary and that this constitutes good cause under 5 U.S.C. 553bB.
Throughout this document, we, us, and our refer to the EPA.
Table of Contents I. Background and Statutory Requirements A. The PM10 NAAQS and the EPAs Nonattainment Redesignation of West Pinal County B. CAA Moderate PM10 Nonattainment Area Requirements for West Pinal County C. Consequences of This Finding That Arizona Failed To Submit a PM10
Implementation Plan for West Pinal County II. Final Action III. Statutory and Executive Order Reviews
I. Background and Statutory Requirements A. The PM10 NAAQS and the EPAs Nonattainment Redesignation of West Pinal County The EPA sets the NAAQS for certain ambient air pollutants at levels required to protect public health and welfare.
Particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers, or PM10, is one of the ambient air pollutants for which the EPA has established health-based standards. The EPA revised the NAAQS
or standards for particulate matter on July 1, 1987, replacing the standards for total suspended particulates TSP

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