Safety Zone; Wicomico Community Fireworks, Great Wicomico River, Mila, VA, 8005-8008 [2010-3474]
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules
Comments Due Date
(a) We must receive comments by April 9,
2010.
Affected ADs
(b) None.
Applicability
(c) This AD applies to Airbus Model A318–
111, –112, –121, and –122 airplanes; Model
A319–111, –112, –113, –114, –115, –131,
–132, and –133 airplanes; Model A320–111,
–211, –212, –214, –231, –232, and –233
airplanes; and Model A321–111, –112, –131,
–211, –212, –213, –231, and –232 airplanes;
certificated in any category; all manufacturer
serial numbers; except airplanes that have
received Airbus modification 37317 in
production.
Subject
(d) Air Transport Association (ATA) of
America Code 24: Electrical power.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
‘‘Several occurrences of loss of the AC
[alternating current] BUS 1 have been
reported which led in some instances to the
loss of the AC ESS [essential] BUS and DC
[direct current] ESS BUS and connected
systems. The affected systems include
multiple flight deck Display Units (Primary
Flight Display, Navigation Display and Upper
Electronic Centralised Aircraft Monitoring
display).
‘‘The reasons for these events have been
investigated but have not been fully
established for all cases.
‘‘Due to the range of system losses some
crews reported difficulty in establishing the
failure cause during the events and,
consequently, the appropriate actions to be
taken may not be completed in a timely
manner.
‘‘The loss of multiple display units, if not
corrected expediently during a high
workload period, potentially affects the
capability of the flight crew and could
contribute to a loss of situational awareness
and consequent control of the aeroplane,
which would constitute an unsafe condition.
‘‘This AD therefore mandates the
modification of the electrical network
configuration management logic consisting in
adding an automatic switching of the AC and
DC ESS BUS power supply such that upon
the loss of the AC BUS 1, the AC BUS 2 will
automatically take over the power supply. On
pre-MOD aeroplanes, this power supply
8005
switching can only be accomplished
manually from the cockpit and is covered by
an Electronic Centralized Aircraft Monitoring
(ECAM) procedure.’’
The modification of the electrical power
distribution system includes, depending on
the configuration, adding a new circuit
breaker and new relay to the AC/DC ESS BUS
circuit, and adding a diode between a certain
relay and terminal block.
Compliance
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
Actions
(g) Within 48 months after the effective
date of this AD, modify the electrical power
distribution system, in accordance with the
Accomplishment Instructions of Airbus
Service Bulletin A320–24–1120, Revision 03,
dated July 10, 2009.
(h) Actions accomplished before the
effective date of this AD, in accordance with
a service bulletin identified in Table 1 of this
AD, are considered acceptable for
compliance with the corresponding actions
specified in this AD.
TABLE 1—CREDIT SERVICE INFORMATION
Airbus Service Bulletin—
Revision—
Dated—
A320–24–1120 ..................................................
A320–24–1120 ..................................................
A320–24–1120 ..................................................
Original .............................................................
01 ......................................................................
02 ......................................................................
May 31, 2007.
December 19, 2007.
July 8, 2008.
FAA AD Differences
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, under the
provisions of the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.), the Office of
Management and Budget (OMB) has
approved the information collection
requirements and has assigned OMB Control
Number 2120–0056.
DEPARTMENT OF HOMELAND
SECURITY
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
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Other FAA AD Provisions
(i) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
Send information to ATTN: Tim Dulin,
Aerospace Engineer, International Branch,
ANM–116, Transport Airplane Directorate,
FAA, 1601 Lind Avenue SW., Renton,
Washington 98057–3356; telephone (425)
227–2141; fax (425) 227–1149. Before using
any approved AMOC on any airplane to
which the AMOC applies, notify your
principal maintenance inspector (PMI) or
principal avionics inspector (PAI), as
appropriate, or lacking a principal inspector,
your local Flight Standards District Office.
The AMOC approval letter must specifically
reference this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
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16:24 Feb 22, 2010
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Related Information
(j) Refer to MCAI European Aviation Safety
Agency (EASA) Airworthiness Directive
2009–0235, dated October 29, 2009; and
Airbus Service Bulletin A320–24–1120,
Revision 03, dated July 10, 2009; for related
information.
Issued in Renton, Washington, on February
16, 2010.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–3442 Filed 2–22–10; 8:45 am]
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Coast Guard
33 CFR Part 165
[Docket No. USCG–2010–0023]
RIN 1625–AA00
Safety Zone; Wicomico Community
Fireworks, Great Wicomico River, Mila,
VA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes
establishing a safety zone on the Great
Wicomico River in the vicinity of Mila,
VA in support of the Wicomico
Community Fireworks event. This
action is intended to restrict vessel
traffic movement on the Great Wicomico
River to protect mariners from the
hazards associated with fireworks
displays.
DATES: Comments and related material
must be received by the Coast Guard on
or before April 26, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules
2010–0023 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rule, call LT Tiffany Duffy, Chief
Waterways Management Division,
Sector Hampton Roads, Coast Guard;
telephone (757) 668–5580, e-mail
Tiffany.A.Duffy@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
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Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (USCG–2010–0023),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online (via https://
www.regulations.gov) or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online via https://
www.regulations.gov, it will be
considered received by the Coast Guard
when you successfully transmit the
comment. If you fax, hand deliver, or
mail your comment, it will be
considered as having been received by
the Coast Guard when it is received at
VerDate Nov<24>2008
16:24 Feb 22, 2010
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the Docket Management Facility. We
recommend that you include your name
and a mailing address, an e-mail
address, or a telephone number in the
body of your document so that we can
contact you if we have questions
regarding your submission.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Proposed Rule’’ and insert
‘‘USCG–2010–0023’’ in the ‘‘Keyword’’
box. Click ‘‘Search’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, click on the
‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0023’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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. We have an agreement with
the Department of Transportation to use
the Docket Management Facility.
Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one using one of the four methods
specified under ADDRESSES. Please
explain why you believe a public
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meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meeting, contact Tiffany Duffy,
Chief, Waterways Management Division,
Sector Hampton Roads at the telephone
number or e-mail address indicated
under the FOR FURTHER INFORMATION
CONTACT section of this notice.
Background and Purpose
On July 3, 2010 the Wicomico Church
will sponsor a fireworks display on the
Great Wicomico River approximately 1⁄2
mile down river of Rouge Point Light, at
position 37°50′31″ N/076°19′42″ W
(NAD 1983). The fireworks are launched
on land and the safety zone is intended
to keep mariners away from any fall out
that may enter in the water. Due to the
need to protect mariners and spectators
from the hazards associated with the
fireworks display, access to the Great
Wicomico River within 420 feet of the
fireworks display will be temporarily
restricted.
Discussion of Proposed Rule
The Coast Guard proposes
establishing a safety zone on specified
waters of the Great Wicomico River in
the vicinity of Mila, Virginia. This safety
zone will encompass all navigable
waters within 420 feet of the fireworks
display located at position 37°50′31″ N/
076°19′42″ W (NAD 1983). This
regulated area will be established in the
interest of public safety during the
Wicomico Community Fireworks event
and will be enforced from 9 p.m. to 10
p.m. on July 3, 2010, with a rain date
of July 4, 2010. Access to the safety zone
will be restricted during the specified
date and times. Except for participants
and vessels authorized by the Captain of
the Port or his Representative, no person
or vessel may enter or remain in the
regulated area.
Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on 13 of these statutes or
executive orders.
Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
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Order. The Office of Management and
Budget has not reviewed it under that
Order. Although this proposed
regulation restricts access to the safety
zone, the effect of this rule will not be
significant because: (i) The safety zone
will be in effect for a limited duration;
(ii) the zone is of limited size; and (iii)
the Coast Guard will make notifications
via maritime advisories so mariners can
adjust their plans accordingly.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this proposed rule would have
a significant economic impact on a
substantial number of small entities.
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 proposed rule
would not have a significant economic
impact on a substantial number of small
entities because the zone will only be in
place for a limited duration and
maritime advisories will be issued
allowing the mariners to adjust their
plans accordingly. However, this rule
may affect the following entities, some
of which may be small entities: the
owners and operators of vessels
intending to transit or anchor in that
portion of the Great Wicomico River
from 9 p.m. to 10 p.m. on July 3, 2010.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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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 proposed rule so that
they can better evaluate its effects on
them and participate in the rulemaking.
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 Lieutenant
Tiffany Duffy, Chief, Waterways
Management Division, Sector Hampton
Roads at (757) 668–5580. The Coast
Guard will not retaliate against small
entities that question or complain about
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this proposed rule or any policy or
action of the Coast Guard.
Collection of Information
This proposed rule would call for no
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this proposed rule under that Order and
have determined that it does not have
implications for federalism.
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 or more in any one year.
Though this proposed rule would not
result in such an expenditure, we do
discuss the effects of this rule elsewhere
in this preamble.
Taking of Private Property
This proposed rule would not affect a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
Indian Tribal Governments
This proposed rule does not have
tribal implications under Executive
Order 13175, Consultation and
Coordination with Indian Tribal
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8007
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary 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. Therefore, this
rule is categorically excluded, under
section 2.B.2. Figure 2–1, paragraph
34(g), of the Instruction and neither an
environmental assessment nor an
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environmental impact statement is
required. A preliminary environmental
analysis check list supporting this
determination is available in the docket
where indicated under ADDRESSES. This
rule involves establishing a safety zone
around a fireworks display. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this
proposed rule.
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 proposes to
amend 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. 1226, 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 and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1.
2. Add § 165.T05–XXXX to read as
follows:
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(a) Regulated Area. The following area
is a safety zone: specified waters of the
Great Wicomico River located within a
420 foot radius of the fireworks display
approximately 1⁄2 mile down river of
Rouge Point Light, at approximate
position 37°50′31″ N/076°19′42″ W
(NAD 1983) in the vicinity of Mila, VA.
(b) Definitions. For the purposes of
this part, Captain of the Port
Representative means any U.S. Coast
Guard commissioned, warrant or petty
officer who has been authorized by the
Captain of the Port, Hampton Roads,
Virginia to act on his behalf.
(c) Regulations. (1) In accordance with
the general regulations in 165.23 of this
part, entry into this zone is prohibited
unless authorized by the Captain of the
Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the
immediate vicinity of this safety zone
shall:
(i) Stop the vessel immediately upon
being directed to do so by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any
commissioned, warrant or petty officer
on shore or on board a vessel that is
displaying a U.S. Coast Guard Ensign.
16:24 Feb 22, 2010
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Dated: February 2, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port, Hampton Roads.
[FR Doc. 2010–3474 Filed 2–22–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2010–0120; FRL–9116–3]
Revisions to the California State
Implementation Plan, Imperial County
Air Pollution Control District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
165.T05–XXXX Safety Zone; Wicomico
Community Fireworks, Great Wicomico
River, Mila, VA.
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(3) The Captain of the Port, Hampton
Roads can be reached through the Sector
Duty Officer at Sector Hampton Roads
in Portsmouth, Virginia at telephone
Number (757) 668–5555.
(4) The Coast Guard Representatives
enforcing the safety zone can be
contacted on VHF–FM marine band
radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Effective Period: This regulation
will be in effect on July 3, 2010, with
a rain date of July 4, 2010 from 9 p.m.
until 10 p.m.
SUMMARY: EPA is proposing a limited
approval and limited disapproval of
revisions to the Imperial County Air
Pollution Control District (ICAPCD)
portion of the California State
Implementation Plan (SIP). These
revisions concern coarse particulate
matter (PM10) emissions from sources of
fugitive dust such as construction sites,
unpaved roads, and disturbed soils in
open and agricultural areas. We are
proposing action on local rules that
regulate these emission sources under
the Clean Air Act as amended in 1990
(CAA or the Act). We are taking
comments on this proposal and plan to
follow with a final action.
DATES: Any comments must arrive by
March 25, 2010.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2010–0120, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: steckel.andrew@epa.gov.
3. Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
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change and may be made available
online at https://www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through https://
www.regulations.gov or e-mail. https://
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
https://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., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Andrew Steckel, EPA Region IX, (415)
947–4115, steckel.andrew@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. The State’s Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These
Rules?
C. What Is the Purpose of the Submitted
Rules?
II. EPA’s Evaluation
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation
Criteria?
C. What Are the Rules’ Deficiencies?
D. EPA Recommendations To Further
Improve the Rules
III. Proposed Action and Public Comment
IV. Statutory and Executive Order Reviews
I. The State’s Submittal
A. What Rules Did the State Submit?
Table 1 lists the rules addressed by
this proposal with the dates that they
were adopted by the local air agency,
ICAPCD, and submitted by the
California Air Resources Board (ARB).
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]]>Agencies
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 8005-8008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3474]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0023]
RIN 1625-AA00
Safety Zone; Wicomico Community Fireworks, Great Wicomico River,
Mila, VA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes establishing a safety zone on the
Great Wicomico River in the vicinity of Mila, VA in support of the
Wicomico Community Fireworks event. This action is intended to restrict
vessel traffic movement on the Great Wicomico River to protect mariners
from the hazards associated with fireworks displays.
DATES: Comments and related material must be received by the Coast
Guard on or before April 26, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
[[Page 8006]]
2010-0023 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call LT Tiffany Duffy, Chief Waterways Management Division,
Sector Hampton Roads, Coast Guard; telephone (757) 668-5580, e-mail
Tiffany.A.Duffy@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2010-0023), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via https://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via https://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2010-0023'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2010-0023'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
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. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.
For information on facilities or services for individuals with
disabilities or to request special assistance at the public meeting,
contact Tiffany Duffy, Chief, Waterways Management Division, Sector
Hampton Roads at the telephone number or e-mail address indicated under
the FOR FURTHER INFORMATION CONTACT section of this notice.
Background and Purpose
On July 3, 2010 the Wicomico Church will sponsor a fireworks
display on the Great Wicomico River approximately \1/2\ mile down river
of Rouge Point Light, at position 37[deg]50'31'' N/076[deg]19'42'' W
(NAD 1983). The fireworks are launched on land and the safety zone is
intended to keep mariners away from any fall out that may enter in the
water. Due to the need to protect mariners and spectators from the
hazards associated with the fireworks display, access to the Great
Wicomico River within 420 feet of the fireworks display will be
temporarily restricted.
Discussion of Proposed Rule
The Coast Guard proposes establishing a safety zone on specified
waters of the Great Wicomico River in the vicinity of Mila, Virginia.
This safety zone will encompass all navigable waters within 420 feet of
the fireworks display located at position 37[deg]50'31'' N/
076[deg]19'42'' W (NAD 1983). This regulated area will be established
in the interest of public safety during the Wicomico Community
Fireworks event and will be enforced from 9 p.m. to 10 p.m. on July 3,
2010, with a rain date of July 4, 2010. Access to the safety zone will
be restricted during the specified date and times. Except for
participants and vessels authorized by the Captain of the Port or his
Representative, no person or vessel may enter or remain in the
regulated area.
Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.
Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that
[[Page 8007]]
Order. The Office of Management and Budget has not reviewed it under
that Order. Although this proposed regulation restricts access to the
safety zone, the effect of this rule will not be significant because:
(i) The safety zone will be in effect for a limited duration; (ii) the
zone is of limited size; and (iii) the Coast Guard will make
notifications via maritime advisories so mariners can adjust their
plans accordingly.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. 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 proposed
rule would not have a significant economic impact on a substantial
number of small entities because the zone will only be in place for a
limited duration and maritime advisories will be issued allowing the
mariners to adjust their plans accordingly. However, this rule may
affect the following entities, some of which may be small entities: the
owners and operators of vessels intending to transit or anchor in that
portion of the Great Wicomico River from 9 p.m. to 10 p.m. on July 3,
2010.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 Lieutenant Tiffany Duffy, Chief,
Waterways Management Division, Sector Hampton Roads at (757) 668-5580.
The Coast Guard will not retaliate against small entities that question
or complain about this proposed rule or any policy or action of the
Coast Guard.
Collection of Information
This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
Taking of Private Property
This proposed rule would not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This proposed 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.
Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
Environment
We have analyzed this proposed 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 made a preliminary 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. Therefore, this rule is
categorically excluded, under section 2.B.2. Figure 2-1, paragraph
34(g), of the Instruction and neither an environmental assessment nor
an
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environmental impact statement is required. A preliminary environmental
analysis check list supporting this determination is available in the
docket where indicated under ADDRESSES. This rule involves establishing
a safety zone around a fireworks display. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
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 proposes
to amend 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. 1226, 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 and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.
2. Add Sec. 165.T05-XXXX to read as follows:
165.T05-XXXX Safety Zone; Wicomico Community Fireworks, Great Wicomico
River, Mila, VA.
(a) Regulated Area. The following area is a safety zone: specified
waters of the Great Wicomico River located within a 420 foot radius of
the fireworks display approximately \1/2\ mile down river of Rouge
Point Light, at approximate position 37[deg]50'31'' N/076[deg]19'42'' W
(NAD 1983) in the vicinity of Mila, VA.
(b) Definitions. For the purposes of this part, Captain of the Port
Representative means any U.S. Coast Guard commissioned, warrant or
petty officer who has been authorized by the Captain of the Port,
Hampton Roads, Virginia to act on his behalf.
(c) Regulations. (1) In accordance with the general regulations in
165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port, Hampton Roads or his designated
representatives.
(2) The operator of any vessel in the immediate vicinity of this
safety zone shall:
(i) Stop the vessel immediately upon being directed to do so by any
commissioned, warrant or petty officer on shore or on board a vessel
that is displaying a U.S. Coast Guard Ensign.
(ii) Proceed as directed by any commissioned, warrant or petty
officer on shore or on board a vessel that is displaying a U.S. Coast
Guard Ensign.
(3) The Captain of the Port, Hampton Roads can be reached through
the Sector Duty Officer at Sector Hampton Roads in Portsmouth, Virginia
at telephone Number (757) 668-5555.
(4) The Coast Guard Representatives enforcing the safety zone can
be contacted on VHF-FM marine band radio channel 13 (165.65 Mhz) and
channel 16 (156.8 Mhz).
(d) Effective Period: This regulation will be in effect on July 3,
2010, with a rain date of July 4, 2010 from 9 p.m. until 10 p.m.
Dated: February 2, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the Port, Hampton Roads.
[FR Doc. 2010-3474 Filed 2-22-10; 8:45 am]
BILLING CODE 9110-04-P
