Safety Zone; Pier 45 Fire Cleanup and Potential Marine Debris, San Francisco Bay, San Francisco, CA
| Published date | 03 June 2020 |
| Citation | 85 FR 34104 |
| Record Number | 2020-12085 |
| Section | Rules and Regulations |
| Court | Coast Guard,Homeland Security Department |
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Federal Register / Vol. 85, No. 107 / Wednesday, June 3, 2020 / Rules and Regulations
consultation with State and local
officials is not required.
List of Subjects in 32 CFR Part 199
Claims, Dental health, Health care,
Health insurance, Individuals with
disabilities, Mental health, Mental
health parity, Military personnel.
Accordingly, the interim final rule
amending 32 CFR part 199 which
published at 83 FR 63574–63578 on
December 11, 2018, is adopted as final
with the following changes:
PART 199—[AMENDED]
■1. The authority citation for part 199
continues to read as follows:
Authority: 5 U.S.C. 301; 10 U.S.C. chapter
55.
■2. Amend § 199.14 by revising
paragraph (j)(1)(xi) to read as follows:
§ 199.14 Provider reimbursement
methods.
* * * * *
(j) * * *
(1) * * *
(xi) Pharmaceutical agents utilized as
part of medically necessary medical
services. In general, the TRICARE-
determined allowed amount shall be
equal to an amount determined to be
appropriate, to the extent practicable, in
accordance with the same
reimbursement rules as apply to
payments for similar services under
Medicare. Under the authority of 10
U.S.C. 1079(q), in the case of any
pharmaceutical agent utilized as part of
medically necessary medical services,
the Director may adopt special
reimbursement methods, amounts, and
procedures to encourage the use of high-
value products and discourage the use
of low-value products, as determined by
the Director. For this purpose, the
Director may obtain recommendations
from the Pharmaceutical and
Therapeutics Committee under § 199.21
or other entities as the Director, DHA
deems appropriate with respect to the
relative value of products in a class of
products subject to this paragraph
(j)(1)(xi). Among the special
reimbursement methods the Director
may choose to adopt under this
paragraph (j)(1)(xi) is to reimburse the
average sales price of a product plus six
percent of the median of the average
sales prices of products in the product
class or category. The Director shall
issue guidance regarding the special
reimbursement methods adopted and
the appropriate reimbursement rates.
* * * * *
Dated: May 7, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2020–10215 Filed 6–2–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0283]
RIN 1625–AA00
Safety Zone; Pier 45 Fire Cleanup and
Potential Marine Debris, San Francisco
Bay, San Francisco, CA
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone on
the navigable waters of San Francisco
Bay around Pier 45 due to emergency
response and associated marine debris
as a result of a fire on May 23, 2020.
This safety zone is necessary to protect
personnel, vessels, and the marine
environment from potential hazards
created by the presence of marine debris
and the inability to mark the debris.
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 San Francisco or a designated
representative.
DATES
: This temporary final rule is
effective without actual notice from
June 3, 2020 through June 30, 2020. For
the purposes of enforcement, actual
notice will be used from May 29, 2020
through June 3, 2020.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to http://
www.regulations.gov, type USCG–2020–
0283 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 Lieutenant Emily Rowan, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7443, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port San Francisco
DHS Department of Homeland Security
§ Section
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 with
respect to this rule because it is
impracticable. The Coast Guard received
notice of the need for this safety zone on
May 26, 2020. It is impracticable to go
through the full rulemaking process,
including providing a reasonable
comment period and considering those
comments, because the Coast Guard
must establish this temporary safety
zone by May 29, 2020.
The Coast Guard previously issued a
temporary final rule for an emergency
safety zone effective from May 23, 2020
until May 29, 2020 (Docket number
USCG–2020–0007). The Port of San
Francisco has indicated that emergency
cleanup and the potential presence of
associated marine debris from the fire at
Pier 45 will continue beyond May 29,
2020.
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. Delaying the effective date of
this rule would be impracticable
because immediate action is needed to
protect personnel, vessels, and the
marine environment from potential
hazards created by the emergency
response and the presence of marine
debris.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco has
determined that potential hazards
associated with the emergency response
and associated marine debris related to
the May 23, 2020 fire and identified
then as potentially dangerous, will be a
safety concern for anyone within a 150-
yard radius around Pier 45, San
Francisco, CA. For this reason, this
temporary safety zone is needed to
protect personnel, vessels, and the
marine environment in the navigable
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waters surrounding the marine debris
and ongoing response operations near
Pier 45, San Francisco, CA.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone around Pier 45 in support of
ongoing fire emergency response
cleanup and associated marine debris
from May 29, 2020 through June 30,
2020. The safety zone will encompass
the navigable waters of San Francisco
Bay, from surface to bottom, within a
150-yard radius around Pier 45, San
Francisco, CA.
This regulation is needed to keep
persons and vessels away from the
immediate vicinity of the ongoing
response efforts and marine debris to
ensure the safety of personnel, vessels,
and the marine environment. Except for
persons or vessels authorized by the
COTP or the COTP’s designated
representative, no person or vessel may
enter or remain in the restricted area. A
‘‘designated representative’’ means a
Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty
officer, or other officer operating a Coast
Guard vessel or a Federal, State, or local
officer designated by or assisting the
COTP in the enforcement of the safety
zone.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 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.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
safety zone. Although this rule restricts
access to the water encompassed by the
safety zone, the effect of this rule will
not be significant because the local
waterway users will be notified to
ensure the safety zone will result in
minimum impact. Additionally, the
vessels desiring to transit through or
around the temporary safety zone may
do so upon express permission from the
COTP or the COTP’s designated
representative.
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
temporary safety zone may be small
entities, for the reasons stated in section
V.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 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
have determined that it is consistent
with the fundamental federalism
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. 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
Directive 023–01 and U.S. Coast Guard
Environmental Planning Policy,
COMDTINST 5090.1 (series), 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 established to deal with an
emergency situation that will prohibit
entry to the area surrounding Pier 45,
which is the site of ongoing emergency
response and potential associated
marine debris. It is categorically
excluded from further review under
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paragraph L60(a) in Table 3–1 of
Department of Homeland Security
Directive 023–01. 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: 46 U.S.C. 70034, 70051; 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.T11–027 to read as
follows:
§ 165.T11–027 Safety Zone; Pier 45 Fire
Cleanup and Potential Marine Debris, San
Francisco Bay, San Francisco, CA.
(a) Location. The following area is a
safety zone: All navigable waters of San
Francisco Bay, from surface to bottom,
150 yards surrounding Pier 45, San
Francisco, CA.
(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 or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart B of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from May 29, 2020
through June 30, 2020.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
enforced in accordance with 33 CFR
165.7.
Dated: May 28, 2020.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 2020–12085 Filed 6–2–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2019–0211; FRL–10008–
61–Region 6]
Air Plan Approval; Louisiana;
Infrastructure for the 2015 Ozone
National Ambient Air Quality
Standards
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving elements of two State
Implementation Plan (SIP) submittals
from Louisiana for the 2015 ozone
National Ambient Air Quality Standards
(NAAQS). The submittals address how
the existing SIP provides for the
implementation, maintenance, and
enforcement of the 2015 ozone NAAQS
(infrastructure SIP or i-SIP). The i-SIP
ensures that the Louisiana SIP is
adequate to meet the state’s
responsibilities under the CAA for this
NAAQS.
DATES
: This rule is effective on July 6,
2020.
ADDRESSES
: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2019–0211. All
documents in the docket are listed on
the https://www.regulations.gov
website. 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. Publicly available docket
materials are available electronically
through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT
:
Sherry Fuerst, EPA Region 6 Office,
Infrastructure & Ozone Section, 214–
665–6454, fuerst.sherry@epa.gov. Out of
an abundance of caution for members of
the public and our staff, the EPA Region
6 office will be closed to the public to
reduce the risk of transmitting COVID–
19. Please call or email the contact
listed above if you need alternative
access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION
:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
I. Background
The background for this action is
discussed in detail in our February 28,
2020, proposal (85 FR 11931). In that
action we proposed to approve the
State’s February 7, 2019, SIP submittal,
and portions of the State’s November 8,
2019, SIP submittal pursuant to the
requirements of CAA sections 110(a)(1)
and 110(a)(2)(A) through (C), and (H)
through (M). We also proposed
approving the Louisiana SIP for
compliance with CAA sections
110(a)(2)(D)(i)(II), Interference with
Prevention of Significant Deterioration
and 110(a)(2)(D)(ii), Interstate Pollution
Abatement (which refers to CAA section
126) and International Air Pollution
(which refers to CAA section 115). We
did not propose action on the remaining
portions of the November 8, 2019,
submittal addressing CAA section
110(a)(2)(D)(i)(I), and 110(a)(2)(D)(i)(II)
(visibility protection portion), which
will be addressed in separate,
subsequent actions. We did not receive
any comments regarding our proposal.
II. Final Action
The EPA is approving the February 7,
2019, SIP submittal, and portions of the
November 8, 2019, SIP submittal for
Louisiana pursuant to the requirements
of CAA sections 110(a)(1) and
110(a)(2)(A) through (C),
110(a)(2)(D)(i)(II) (the Prevention of
Significant Deterioration portion),
110(a)(2)(D)(ii), 110(a)(2)(E) through (H)
and 110(a)(2)(J) through (M). The
submission addressed how Louisiana’s
existing SIP provides for
implementation, maintenance, and
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