Regulated Navigation Area: Red Bull Air Race World Championship, Upper New York Bay, Lower Hudson River, NJ and NY, 25794-25797 [2010-10946]
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25794
Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules
TABLE 2—REPETITIVE MEASUREMENT INTERVALS
If the last inrush current measurement of the serviceable AOA transducer is—
Then repeat the measurement—
More
More
More
More
Within
Within
Within
Within
than
than
than
than
or
or
or
or
equal
equal
equal
equal
to
to
to
to
1.90
1.80
1.70
1.60
amps
amps
amps
amps
.............................................................
but less than 1.90 amps ....................
but less than 1.80 amps ....................
but less than 1.70 amps ....................
New Requirements of This AD
(h) Within 6,000 flight hours after the
effective date of this AD: Do an inspection to
determine the serial number of the AOA
transducer having P/N C16258AA, and to
determine if the serial number has suffix ‘‘A,’’
in accordance with the Accomplishment
Instructions of Bombardier Service Bulletin
670BA–27–053, Revision A, dated July 7,
2009.
(1) If the serial number is not specified in
paragraph 1.A.(1) of Bombardier Service
Bulletin 670BA–27–053, Revision A, dated
July 7, 2009, no further action is required by
this paragraph.
(2) If the serial number is specified in
paragraph 1.A.(1) of Bombardier Service
Bulletin 670BA–27–053, Revision A, dated
July 7, 2009, and the serial number has a
suffix ‘‘A,’’ no further action is required by
this paragraph.
(3) If the serial number is specified in
paragraph 1.A.(1) of Bombardier Service
Bulletin 670BA–27–053, Revision A, dated
July 7, 2009, and the serial number does not
have suffix ‘‘A,’’ before further flight, replace
the AOA transducer with a serviceable
transducer, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 670BA–27–053, Revision A,
dated July 7, 2009.
(i) As of the effective date of this AD, no
person may install, on any airplane, an AOA
transducer having P/N C16258AA with any
serial number specified in paragraph 1.A.(1)
of Bombardier Service Bulletin 670BA–27–
053, Revision A, dated July 7, 2009, unless
the serial number has a suffix ‘‘A.’’
(j) Inspections and replacements
accomplished before the effective date of this
AD according to Bombardier Service Bulletin
670BA–27–051, dated May 14, 2009, are
considered acceptable for compliance with
the corresponding actions specified in this
AD.
2,000 flight hours after the last measurement.
1,500 flight hours after the last measurement.
1,000 flight hours after the last measurement.
500 flight hours after the last measurement.
794–5531. 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
(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.
Related Information
(l) Refer to MCAI Canadian Airworthiness
Directive CF–2009–35, dated August 31,
2009; Bombardier Service Bulletin 670BA–
27–051, dated May 14, 2009; and Bombardier
Service Bulletin 670BA–27–053, Revision A,
dated July 7, 2009; for related information.
Issued in Renton, Washington, on April 29,
2010.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2010–10887 Filed 5–7–10; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
FAA AD Differences
Coast Guard
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Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
33 CFR Part 165
Other FAA AD Provisions
(k) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, 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:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York,
11590; telephone 516–228–7300; fax 516–
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[Docket No. USCG–2010–0092]
RIN 1625–AA08
Regulated Navigation Area: Red Bull
Air Race World Championship, Upper
New York Bay, Lower Hudson River,
NJ and NY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
establish a temporary regulated
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navigation area on the navigable waters
of the lower Hudson River and Upper
New York Bay in the vicinity of Liberty
State Park, New Jersey and Ellis Island,
New Jersey and New York for the Red
Bull Air Race World Championship, an
event scheduled to be held over water.
This regulation is necessary to protect
participants and spectators from the
hazards associated with air races. This
proposed action is intended to restrict
vessel traffic in a portion of the lower
Hudson River and Upper New York Bay
during the event.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 9, 2010.
Requests for public meetings must be
received by the Coast Guard on or before
June 9, 2010.
ADDRESSES: You may submit comments
identified by docket number USCG–
2010–0092 using any one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: 202–493–2251.
• 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.
• 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 or e-mail LTJG Eunice James,
Coast Guard Sector New York
Waterways Management Division,
Marine Events Branch; telephone 718–
354–4163, e-mail
Eunice.A.James@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.
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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules
SUPPLEMENTARY INFORMATION:
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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–2010–0092),
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
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–2010–0092’’ 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
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‘‘read comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘USCG–2010–
0092’’ 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.
Basis and Purpose
Red Bull Air Race GmbH is
sponsoring the Red Bull Air Race World
Championship event on and over the
waters of the lower Hudson River and
Upper New Bay, in the vicinity of
Liberty State Park, NJ and Ellis Island,
NJ and NY on June 17, 2010 through
June 20, 2010.
The event will feature lightweight
racing planes, performing low-flying,
high speed precision maneuvers while
navigating a low-level aerial track made
up of air-filled pylons. The objective is
for pilots to complete the course in the
fastest time while safely navigating
specially designed inflatable pylons
known as ‘‘Air Gates’’ that will be
strategically placed in the water to form
the race course. The event organizer will
commence setting up the race course
and placing the Air Gates in position, on
June 14 through June 16, 2010.
It is anticipated that spectator vessels
will gather nearby to view the event. To
provide for the safety of participants,
support vessels, spectators and
transiting vessels, the Coast Guard
Captain of the Port New York will
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25795
temporarily restrict vessel traffic during
the event.
Discussion of Proposed Rule
The Coast Guard proposes to establish
a temporary regulated navigation area
on specified waters of the Hudson River
and Upper New York Bay. The regulated
area will encompass all waters of Upper
New York Bay and the Hudson River,
bound by the following points (NAD
83):
40°42′31.8″ N, 074°02′04.0″ W; thence
to 40°42′36.3″ N, 074°01′47.9″ W; thence
to 40°42′34.1″ N, 074°01′28.6″ W; thence
to 40°42′07.5″ N, 074°01′26.4″ W; thence
to 40°41′17.5″ N, 074°02′07.3″ W; thence
to 40°41′46.2″ N, 074°03′04.0″ W; and
bound by the shoreline in the vicinity
of Liberty State Park, NJ. The Captain of
the Port New York will establish
spectator vessel viewing areas within
the boundaries of the regulated area.
Access to the spectator vessel viewing
areas will be restricted to vessels based
on vessel size.
This proposed rule is intended to
ensure the safety of the public and
vessels during the event and during
scheduled activities related to the event
associated with the Red Bull Air Race
Championship event.
The regulations will be in effect daily
from 8 a.m. to 6 p.m., June 17th through
June 20th, 2010. On June 17–20, 2010,
the restrictions will be enforced as
needed and therefore will be
intermittent. On June 17–18, 2010, the
restrictions on the regulated area closure
will total no more than 5 hours between
the hours of 8 a.m. to 6 p.m. On June
19–20, 2010, the regulated area closure
will total no more than 6 hours between
the hours of 8 a.m. to 6 p.m. The effect
will be to restrict general navigation in
the regulated area during the event and
during scheduled activities related to
the event. Except for persons or vessels
authorized by the Coast Guard Captain
of the Port New York or the designated
representative, no person or vessel may
enter or remain in the regulated area
during the enforcement period. The
Captain of the Port New York will notify
the public of specific enforcement times
by Marine Radio Safety Broadcast.
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
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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order.
Although this proposed rule prevents
vessels from transiting a portion of the
Hudson River and Upper New York Bay
during the event, the effect of this
regulation will not be significant due to
the limited duration the regulated area
will be in effect and enforced. In
addition, advance notifications will be
made to the maritime community via
information broadcasts, and local notice
to mariners.
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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.
This rule will affect the following
entities: The owners and operators of
vessels intending to transit or anchor in
a portion of the lower Hudson River and
Upper New York Bay in the vicinity of
Liberty State Park, NJ between 10 a.m.
June 17, 2010 to 6 p.m. June 20, 2010.
This proposed regulated navigation
area will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: The regulated area
would be activated for four days, and
subject to enforcement, for
approximately 6 hours each day when
participating vessels and aircrafts are in
the area. Vessel traffic can safely transit
all waters outside the regulated area
during the event. Before the effective
period, we will issue maritime
advisories widely available to users of
the waterway.
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 LTJG Eunice
James, office: (718) 354–4163, email:
Eunice.A.James@uscg.mil. 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 (adjusted for inflation) 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 cause 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,
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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.
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Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Proposed Rules
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 that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this determination is
available in the docket where indicated
under ADDRESSES. This proposed rule
involves the establishment of regulated
areas, including two spectator vessel
viewing areas for a marine event which
a permit application was made.
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 Record keeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
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; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 6.05; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add § 165.T01–0092 to read as
follows:
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§ 165.T01–0092 Regulated Navigation
Area; Red Bull Air Race Championship,
Upper New York Bay and Hudson River,
New York.
(a) Regulated Navigation Area. The
regulated area includes all waters of
Upper New York Bay and the lower
Hudson River bound by the following
points (NAD 83): 40°42′31.8″ N,
074°02′04.0″ W; thence to 40°42′36.3″ N,
74°01′47.9″ W; thence to 40°42′34.1″ N,
074°01′28.6″ W; thence to 40°42′07.5″ N,
074°01′26.4″ W; thence to 40°41′17.5″ N,
074°02′07.3″ W; thence to 40°41′46.2″ N,
074°03′04.0″ W; thence along the
shoreline to the point of origin. Within
this area, the Captain of the Port New
York may establish—
(b) Definition. As used in this section,
‘‘designated representative’’ means a
commissioned, warrant, or petty officer
of the Coast Guard who has been
designated by the Captain of the Port
Sector New York.
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Regulations. (1) No person or vessel
may enter, transit, or remain in the
regulated area, unless participating in
the event or unless authorized by the
Coast Guard Captain of the Port New
York or designated representative.
(2) All persons and vessels shall
comply with the instructions of the
Coast Guard Captain of the Port New
York or the designated on-scene
representative. Upon being hailed by a
Coast Guard or other law enforcement
vessel by siren, radio, flashing light, or
other means the operator of a vessel
shall proceed as directed.
(c) Enforcement period. The regulated
area will be enforced daily from 8 a.m.
to 6 p.m. on June 17 through June 20,
2010.
Dated: May 4, 2010.
J.A. Servidio,
Captain, U.S. Coast Guard, Acting,
Commander, First Coast Guard District.
[FR Doc. 2010–10946 Filed 5–7–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0290; FRL–9142–8]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
General Provisions
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing to approve
a request submitted by the Ohio
Environmental Protection Agency (Ohio
EPA) on March 17, 2009, to revise the
Ohio State Implementation Plan (SIP)
under the Clean Air Act (CAA). The
State has submitted revisions to rules
for approval under Chapter 3745–15,
‘‘General Provisions,’’ of the Ohio
Administrative Code (OAC). The State’s
revisions to OAC 3745–15–01 include
adoption of the Federal definition and
citation of the CAA, and the revisions to
OAC 3745–15–05 include clarifications
for exemptions and new requirements
for sources regulated under Title V.
DATES: Comments must be received on
or before June 9, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2009–0290, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: bortzer.jay@epa.gov.
3. Fax: (312) 692–2054.
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25797
4. Mail: Jay Bortzer, Chief, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604.
5. Hand Delivery: Jay Bortzer, Chief,
Air Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
FOR FURTHER INFORMATION CONTACT:
Andy Chang, Environmental Engineer,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, Region 5, 77 West
Jackson Boulevard, Chicago, Illinois
60604, (312) 886–0258,
chang.andy@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Rules section of this Federal Register,
EPA is approving the State’s SIP
submittal as a direct final rule without
prior proposal because EPA views this
as a noncontroversial submittal and
anticipates no adverse comments. A
detailed rationale for the approval is set
forth in the direct final rule. If no
adverse comments are received in
response to this rule, no further activity
is contemplated. If EPA receives adverse
comments, the direct final rule will be
withdrawn and all public comments
received will be addressed in a
subsequent final rule based on this
proposed rule. EPA will not institute a
second comment period; therefore, any
parties interested in commenting on this
action should do so at this time. Please
note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the Rules section of this Federal
Register.
Dated: April 19, 2010.
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010–10835 Filed 5–7–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Proposed Rules]
[Pages 25794-25797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10946]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0092]
RIN 1625-AA08
Regulated Navigation Area: Red Bull Air Race World Championship,
Upper New York Bay, Lower Hudson River, NJ and NY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a temporary regulated
navigation area on the navigable waters of the lower Hudson River and
Upper New York Bay in the vicinity of Liberty State Park, New Jersey
and Ellis Island, New Jersey and New York for the Red Bull Air Race
World Championship, an event scheduled to be held over water. This
regulation is necessary to protect participants and spectators from the
hazards associated with air races. This proposed action is intended to
restrict vessel traffic in a portion of the lower Hudson River and
Upper New York Bay during the event.
DATES: Comments and related material must be received by the Coast
Guard on or before June 9, 2010.
Requests for public meetings must be received by the Coast Guard on
or before June 9, 2010.
ADDRESSES: You may submit comments identified by docket number USCG-
2010-0092 using any one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Fax: 202-493-2251.
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.
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 or e-mail LTJG Eunice James, Coast Guard Sector New York
Waterways Management Division, Marine Events Branch; telephone 718-354-
4163, e-mail Eunice.A.James@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.
[[Page 25795]]
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-2010-0092), 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 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-2010-0092'' 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-2010-0092'' 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.
Basis and Purpose
Red Bull Air Race GmbH is sponsoring the Red Bull Air Race World
Championship event on and over the waters of the lower Hudson River and
Upper New Bay, in the vicinity of Liberty State Park, NJ and Ellis
Island, NJ and NY on June 17, 2010 through June 20, 2010.
The event will feature lightweight racing planes, performing low-
flying, high speed precision maneuvers while navigating a low-level
aerial track made up of air-filled pylons. The objective is for pilots
to complete the course in the fastest time while safely navigating
specially designed inflatable pylons known as ``Air Gates'' that will
be strategically placed in the water to form the race course. The event
organizer will commence setting up the race course and placing the Air
Gates in position, on June 14 through June 16, 2010.
It is anticipated that spectator vessels will gather nearby to view
the event. To provide for the safety of participants, support vessels,
spectators and transiting vessels, the Coast Guard Captain of the Port
New York will temporarily restrict vessel traffic during the event.
Discussion of Proposed Rule
The Coast Guard proposes to establish a temporary regulated
navigation area on specified waters of the Hudson River and Upper New
York Bay. The regulated area will encompass all waters of Upper New
York Bay and the Hudson River, bound by the following points (NAD 83):
40[deg]42'31.8'' N, 074[deg]02'04.0'' W; thence to 40[deg]42'36.3''
N, 074[deg]01'47.9'' W; thence to 40[deg]42'34.1'' N, 074[deg]01'28.6''
W; thence to 40[deg]42'07.5'' N, 074[deg]01'26.4'' W; thence to
40[deg]41'17.5'' N, 074[deg]02'07.3'' W; thence to 40[deg]41'46.2'' N,
074[deg]03'04.0'' W; and bound by the shoreline in the vicinity of
Liberty State Park, NJ. The Captain of the Port New York will establish
spectator vessel viewing areas within the boundaries of the regulated
area. Access to the spectator vessel viewing areas will be restricted
to vessels based on vessel size.
This proposed rule is intended to ensure the safety of the public
and vessels during the event and during scheduled activities related to
the event associated with the Red Bull Air Race Championship event.
The regulations will be in effect daily from 8 a.m. to 6 p.m., June
17th through June 20th, 2010. On June 17-20, 2010, the restrictions
will be enforced as needed and therefore will be intermittent. On June
17-18, 2010, the restrictions on the regulated area closure will total
no more than 5 hours between the hours of 8 a.m. to 6 p.m. On June 19-
20, 2010, the regulated area closure will total no more than 6 hours
between the hours of 8 a.m. to 6 p.m. The effect will be to restrict
general navigation in the regulated area during the event and during
scheduled activities related to the event. Except for persons or
vessels authorized by the Coast Guard Captain of the Port New York or
the designated representative, no person or vessel may enter or remain
in the regulated area during the enforcement period. The Captain of the
Port New York will notify the public of specific enforcement times by
Marine Radio Safety Broadcast.
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
[[Page 25796]]
Planning and Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order.
Although this proposed rule prevents vessels from transiting a
portion of the Hudson River and Upper New York Bay during the event,
the effect of this regulation will not be significant due to the
limited duration the regulated area will be in effect and enforced. In
addition, advance notifications will be made to the maritime community
via information broadcasts, and local notice to mariners.
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.
This rule will affect the following entities: The owners and
operators of vessels intending to transit or anchor in a portion of the
lower Hudson River and Upper New York Bay in the vicinity of Liberty
State Park, NJ between 10 a.m. June 17, 2010 to 6 p.m. June 20, 2010.
This proposed regulated navigation area will not have a significant
economic impact on a substantial number of small entities for the
following reasons: The regulated area would be activated for four days,
and subject to enforcement, for approximately 6 hours each day when
participating vessels and aircrafts are in the area. Vessel traffic can
safely transit all waters outside the regulated area during the event.
Before the effective period, we will issue maritime advisories widely
available to users of the waterway.
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 LTJG Eunice James, office: (718)
354-4163, email: Eunice.A.James@uscg.mil. 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 (adjusted for
inflation) 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 cause 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.
[[Page 25797]]
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 that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves the establishment of regulated areas, including two
spectator vessel viewing areas for a marine event which a permit
application was made.
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 Record
keeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
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; 50
U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 6.05; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
2. Add Sec. 165.T01-0092 to read as follows:
Sec. 165.T01-0092 Regulated Navigation Area; Red Bull Air Race
Championship, Upper New York Bay and Hudson River, New York.
(a) Regulated Navigation Area. The regulated area includes all
waters of Upper New York Bay and the lower Hudson River bound by the
following points (NAD 83): 40[deg]42[min]31.8[sec] N,
074[deg]02[min]04.0[sec] W; thence to 40[deg]42[min]36.3[sec] N,
74[deg]01[min]47.9[sec] W; thence to 40[deg]42[min]34.1[sec] N,
074[deg]01[min]28.6[sec] W; thence to 40[deg]42[min]07.5[sec] N,
074[deg]01[min]26.4[sec] W; thence to 40[deg]41[min]17.5[sec] N,
074[deg]02[min]07.3[sec] W; thence to 40[deg]41[min]46.2[sec] N,
074[deg]03[min]04.0[sec] W; thence along the shoreline to the point of
origin. Within this area, the Captain of the Port New York may
establish--
(b) Definition. As used in this section, ``designated
representative'' means a commissioned, warrant, or petty officer of the
Coast Guard who has been designated by the Captain of the Port Sector
New York.
Regulations. (1) No person or vessel may enter, transit, or remain
in the regulated area, unless participating in the event or unless
authorized by the Coast Guard Captain of the Port New York or
designated representative.
(2) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port New York or the designated on-scene
representative. Upon being hailed by a Coast Guard or other law
enforcement vessel by siren, radio, flashing light, or other means the
operator of a vessel shall proceed as directed.
(c) Enforcement period. The regulated area will be enforced daily
from 8 a.m. to 6 p.m. on June 17 through June 20, 2010.
Dated: May 4, 2010.
J.A. Servidio,
Captain, U.S. Coast Guard, Acting, Commander, First Coast Guard
District.
[FR Doc. 2010-10946 Filed 5-7-10; 8:45 am]
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