Safety Zone; Chicago Tall Ships Fireworks, Lake Michigan, Chicago, IL, 34936-34939 [2010-14848]
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
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Energy Effects
We have analyzed this 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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
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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 concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing a safety zone
around a fireworks display. This zone is
designed to protect mariners and
spectators from the hazards associated
with aerial fireworks displays. An
environmental analysis checklist and a
categorical exclusion determination are
available in the docket where indicated
under ADDRESSES.
List of Subjects 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
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) 638–6641.
(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) Enforcement Period. This
regulation will be enforced from 9:30
p.m. to 10 p.m. on July 17, 2010.
Dated: June 3, 2010.
M.S. Ogle,
Captain, U.S. Coast Guard, Captain of the
Port Hampton Roads.
[FR Doc. 2010–14852 Filed 6–18–10; 8:45 am]
BILLING CODE 9110–04–P
■
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.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
2. Add § 165.T05–0478 to read as
follows:
[Docket No. USCG–2010–0250]
§ 165.T05–0478 Safety Zone; Fireworks for
the Virginia Lake Festival, Buggs Island
Lake, Clarksville, VA
Safety Zone; Chicago Tall Ships
Fireworks, Lake Michigan, Chicago, IL
■
(a) Regulated Area. The following area
is a safety zone: Specified waters of the
Captain of the Port Sector Hampton
Roads zone, as defined in 33 CFR 3.25–
10, in the navigable waters of Buggs
Island Lake on the causeway of the
Highway 58 Business Bridge, within the
area bounded by a 700-foot radius circle
centered on position 36°38′02″ N/
078°32′32″ W (NAD 1983).
(b) Definition. 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
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RIN 1625–AA00
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone on
the waters of Lake Michigan within
Chicago Harbor, Chicago, Illinois. This
zone is intended to restrict vessels from
a portion of Chicago Harbor due to a
fireworks display. This temporary safety
zone is necessary to protect the
surrounding public and vessels from the
hazards associated with a fireworks
display.
DATES: This rule is effective from 8:45
p.m. on August 24, 2010 until 9:15 p.m.
August 28, 2010.
ADDRESSES: Comments and material
received from the public, as well as
documents mentioned in this preamble
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
as being available in the docket, are part
of docket USCG–2010–0250 and are
available online by going to https://
www.regulations.gov, inserting USCG–
2010–0250 in the ‘‘Keyword’’ box, and
then clicking ‘‘Search.’’ This material is
also available for inspection or copying
at the 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, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
rule, call or e-mail CWO2 Jon Grob, U.S.
Coast Guard, Sector Lake Michigan,
telephone (414)747–7188, e-mail
Jon.K.Grob@uscg.mil. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 3, 2010, we published a
notice of proposed rulemaking (NPRM)
entitled Safety Zone; Chicago Tall Ships
Fireworks, Chicago, IL in the Federal
Register (75 FR 23209). We received 0
comments on the proposed rule. No
public meeting was requested and none
was held.
Basis and Purpose
This temporary safety zone is
necessary to protect vessels from the
hazards associated with the Chicago
Tall Ships Fireworks display. The
Captain of the Port, Sector Lake
Michigan has determined that the
Chicago Tall Ships Fireworks display
presents a significant risk to public
safety and property. The likely
combination of congested waterways
and a fireworks display presents a
significant risk of serious injuries or
fatalities.
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Discussion of Comments and Changes
No public comments were received
concerning this event. No substantive
changes have been made to the rule as
proposed.
Regulatory Analyses
We developed this 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 rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
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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. We conclude that this rule is not
a significant regulatory action because
we anticipate that it will have minimal
impact on the economy, will not
interfere with other agencies, will not
adversely alter the budget of any grant
or loan recipients, and will not raise any
novel legal or policy issues. The safety
zone will be relatively small and will
exist for only a minimal time. Under
certain conditions, moreover, vessels
may still transit through the safety zone
when permitted by proper authority.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Small Entities
Collection of Information
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this 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 rule will not have
a significant economic impact on a
substantial number of small entities.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
a portion of Chicago Harbor between
8:45 p.m. until 9:15 p.m. from August
24, 2010 through August 28, 2010.
This safety zone will not have a
significant economic impact on a
substantial number of small entities for
the following reasons: This rule will
only be enforced for short period of
time. Vessels may safely pass outside
the safety zone during the event. In the
event that this temporary safety zone
affects shipping, commercial vessels
may request permission from the
Captain of the Port, Sector Lake
Michigan to transit through the safety
zone. The Coast Guard will give notice
to the public via a Broadcast to Mariners
that the regulation is in effect.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Assistance for Small Entities
This rule will 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. No comments
were received concerning this rule. No
substantive changes have been made to
the rule as proposed.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
in the NPRM we offered to assist small
entities in understanding the rule so
that they could better evaluate its effects
on them and participate in the
rulemaking process.
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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 rule under that Order and have
determined that it does not have
implications for federalism. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
Taking of Private Property
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
Civil Justice Reform
This 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. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
mstockstill on DSKH9S0YB1PROD with RULES
Energy Effects
We have analyzed this 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. No
comments were received concerning
this rule. No substantive changes have
been made to the rule as proposed.
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
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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 rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards. No comments were received
concerning this rule. No substantive
changes have been made to the rule as
proposed.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves the establishment of a safety
zone therefore paragraph (34)(g) of the
Instruction applies.
An environmental analysis checklist
and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
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 amends 33
CFR Part 165 as follows:
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 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.T09–0250 to read as
follows:
■
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§ 165.T09–0250 Safety Zone; Chicago Tall
Ships Fireworks, Chicago Harbor, Chicago,
IL
(a) Location. The safety zone will
encompass all waters of Lake Michigan
in the vicinity of Chicago Harbor located
off the north east end of Navy Pier,
encompassing an area 600 yards by 750
yards bound by a line drawn from
bound by a line drawn from 41°53′24″
N., 087°35′55″ W.; then north to
41°53′41″ N., 087°35′55″ W.; then east to
41°53′41″ N., 087°35′26″ W.; then south
to 41°53′24″ N., 087°35′26″ W.; then
west returning to the point of origin
(NAD 83).
(b) Effective period. This regulation is
effective from 8:45 p.m. on August 24,
2010 until 9:15 p.m. on August 28,
2010. It will be enforced between 8:45
p.m. and 9:15 p.m. on August 24, 2010,
between the hours of 8:45 p.m. and 9:15
p.m. on August 25, 2010, between the
hours of 8:45 p.m. and 9:15 p.m. on
August 26, 2010, between the hours of
8:45 p.m. and 9:15 p.m. on August 27,
2010, and again between the hours of
8:45 p.m. and 9:15 p.m. on August 28,
2010. The Captain of the Port, Sector
Lake Michigan, or his or her on-scene
representative may terminate this
operation at anytime.
(c) Regulations. (1) In accordance with
the general regulations in section 165.23
of this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port, Sector Lake
Michigan, or his or her on-scene
representative.
(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port,
Sector Lake Michigan, or his or her onscene representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port is any Coast
Guard commissioned, warrant or petty
officer who has been designated by the
Captain of the Port to act on his or her
behalf. The on-scene representative of
the Captain of the Port, Sector Lake
Michigan, will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port, Sector
Lake Michigan, or his or her on-scene
representative to obtain permission to
do so. The Captain of the Port, Sector
Lake Michigan, or his or her on-scene
representative may be contacted via
VHF Channel 16. Vessel operators given
permission to enter or operate in the
safety zone must comply with all
directions given to them by the Captain
of the Port, Sector Lake Michigan, or his
or her on-scene representative.
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Federal Register / Vol. 75, No. 118 / Monday, June 21, 2010 / Rules and Regulations
Dated: June 3, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the
Port, Sector Lake Michigan.
Friday, excluding Federal holidays. We
recommend that you telephone Anthony
Maietta, Environmental Protection
Specialist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony Maietta, Environmental
Protection Specialist, Criteria Pollutant
Section, Air Programs Branch (AR–18J),
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, Illinois 60604, (312) 353–8777;
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. This supplementary information
section is arranged as follows:
[FR Doc. 2010–14848 Filed 6–18–10; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2005–OH–0003; FRL–
9159–3]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Final Approval and Promulgation of
State Implementation Plans; Carbon
Monoxide and Volatile Organic
Compounds
I. What were EPA’s proposed actions?
II. Public Comments and EPA Responses
III. What action is EPA taking?
IV. Statutory and Executive Order Reviews
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Final rule.
I. What were EPA’s proposed actions?
This action addresses revisions to
OAC 3745–21 in a set of submittals
dated October 9, 2000, February 6, 2001,
and August 3, 2001; and also addresses
revisions to OAC 3745–21, submitted on
June 24, 2003, as part of Ohio’s five-year
rule review process. On January 22,
2010 (75 FR 3668), EPA proposed a
variety of actions regarding revisions to
OAC 3745–21. We proposed to approve:
(1) Revisions to the rules which
corrected grammar and spelling
mistakes; (2) revisions to attainment
dates and compliance schedules listed
within the rules; (3) clarifications which
made hard-to-interpret portions of the
rules easier to understand; (4) removal
of an exemption for certain geographic
areas to carbon monoxide (CO) rules;
and, (5) site specific emissions limit
DATES: This final rule is effective on July amendments. Our proposed action
21, 2010.
contains more information on the rule
ADDRESSES: EPA has established a
revisions submitted and our evaluation
docket for this action under Docket ID
of them.
No. EPA–R05–OAR–2005–OH–0003. All
In our proposed action, we also
documents in the docket are listed on
provided extensive discussion regarding
the www.regulations.gov Web site.
a provision of 2745–21–09(U)(2)(f)
Although listed in the index, some
authorizing alternate miscellaneous
information is not publicly available,
metal coating limits in selected cases.
i.e., Confidential Business Information
EPA proposed to recognize alternate
(CBI) or other information whose
limits that Ohio issued during a period
disclosure is restricted by statute.
when the State had unilateral authority
Certain other material, such as
to do so. EPA also described a process
copyrighted material, is not placed on
developed in concert with Ohio EPA for
the Internet and will be publicly
addressing future requests for such
available only in hard copy form.
alternate limits. Further discussion of
Publicly available docket materials are
this process, as well as more
available either electronically through
information on the rule revisions
www.regulations.gov or in hard copy at
submitted and our evaluation of them,
the Environmental Protection Agency,
can be found in our proposed action.
We proposed conditional approval of
Region 5, Air and Radiation Division, 77
PAC 3745–21–09(BBB)(1) (which affects
West Jackson Boulevard, Chicago,
Illinois 60604. This facility is open from the BF Goodrich Company Akron
Chemical Plant) and disapproval of
8:30 a.m. to 4:30 p.m., Monday through
In this action, under the Clean
Air Act, we are: Approving into the
State Implementation Plan (SIP) certain
regulation revisions within Ohio
Administrative Code (OAC) 3745–21
(Carbon Monoxide, Photochemically
Reactive Materials, Hydrocarbons, and
related Materials Standards) which have
been adopted by the State; recognizing
various emission control exemptions
that have been granted for
miscellaneous metal coating operations
under OAC 3745–21–09(U)(2)(f); and
taking no action on certain regulation
revisions. We proposed to take these
actions in a document published on
January 22, 2010, and received no
comments.
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SUMMARY:
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34939
OAC 3745–21–09(U)(1)(h) (which
affects sources conducting surface
coating of miscellaneous metal parts
and products). For administrative
convenience, we will complete
rulemaking on these portions of Ohio’s
submittal in a later action.
II. Public Comments and EPA
Responses
EPA’s proposed action provided a 30day public comment period. We did not
receive any comments on the proposed
action.
III. What action is EPA taking?
EPA today is only approving rules
submitted by Ohio which have not been
separately approved. For the full listing
of rules we proposed to approve, please
see the proposed rulemaking for today’s
action (75 FR 3668). In a separate
rulemaking on July 28, 2009 (74 FR
37171), EPA has already approved later
versions of certain rules. Additional
information on the approval of these
rules is provided in the proposal for that
action published on May 7, 2009, at 74
FR 21295.
EPA is fully approving into the Ohio
SIP the following revised rule
paragraphs as adopted by the State of
Ohio and as defined in Ohio’s
submittals:
In OAC 3745–21–09, title, paragraphs
(A)(4), (B)(3)(a), (B)(3)(d), (B)(3)(e),
(B)(3)(f), (B)(3)(h), (B)(3)(j), (B)(3)(l),
(B)(4)(a), (B)(4)(b), (C)(4), (H)(1)(a),
(H)(1)(b), (H)(3), (O)(5)(b), (O)(6)(a),
(O)(6)(b), (R)(4), the portion of
paragraph (U)(2)(e) which states ‘‘Daily
usage limitations included in (U)(2)(e)(i)
through (U)(2)(e)(iii) above shall not
apply to coatings employed by the metal
parts or products coating line on parts
or products which are not metal’’,
(U)(2)(h), (Y)(1)(a)(i), (AA)(1)(b),
(AA)(1)(c), (FF)(1), (II)(2), (II)(3), (II)(4),
(KK)(1), (NN)(1), (NN)(2),
(NN)(3),(NN)(4), (NN)(5), (OO), (OO)(1),
(OO)(2), (OO)(3), (OO)(4), (PP)(2),
(UU)(3), (AAA), (DDD), and
Appendix A.
EPA is taking no action on revisions
to 3745–21–09(U)(2)(f), from both the
October 9, 2000, and June 24, 2003,
submittals, because EPA approved a
later version of this paragraph on July
28, 2009 (74 FR 37171). EPA will
continue to honor exemptions granted
by Ohio under this rule as it existed in
the SIP after May 5, 1995, but prior to
June 15, 1999. This leaves two time
periods in which Ohio issued permits
and amendments for which there are
two separate methods to incorporate
affected permits and amendments into
the SIP: Prior to May 5, 1995, and after
June 15, 1999. EPA will address any
E:\FR\FM\21JNR1.SGM
21JNR1
]]>Agencies
[Federal Register Volume 75, Number 118 (Monday, June 21, 2010)]
[Rules and Regulations]
[Pages 34936-34939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14848]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2010-0250]
RIN 1625-AA00
Safety Zone; Chicago Tall Ships Fireworks, Lake Michigan,
Chicago, IL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone on the
waters of Lake Michigan within Chicago Harbor, Chicago, Illinois. This
zone is intended to restrict vessels from a portion of Chicago Harbor
due to a fireworks display. This temporary safety zone is necessary to
protect the surrounding public and vessels from the hazards associated
with a fireworks display.
DATES: This rule is effective from 8:45 p.m. on August 24, 2010 until
9:15 p.m. August 28, 2010.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble
[[Page 34937]]
as being available in the docket, are part of docket USCG-2010-0250 and
are available online by going to https://www.regulations.gov, inserting
USCG-2010-0250 in the ``Keyword'' box, and then clicking ``Search.''
This material is also available for inspection or copying at the 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, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail CWO2 Jon Grob, U.S. Coast Guard, Sector
Lake Michigan, telephone (414)747-7188, e-mail Jon.K.Grob@uscg.mil. If
you have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Regulatory Information
On May 3, 2010, we published a notice of proposed rulemaking (NPRM)
entitled Safety Zone; Chicago Tall Ships Fireworks, Chicago, IL in the
Federal Register (75 FR 23209). We received 0 comments on the proposed
rule. No public meeting was requested and none was held.
Basis and Purpose
This temporary safety zone is necessary to protect vessels from the
hazards associated with the Chicago Tall Ships Fireworks display. The
Captain of the Port, Sector Lake Michigan has determined that the
Chicago Tall Ships Fireworks display presents a significant risk to
public safety and property. The likely combination of congested
waterways and a fireworks display presents a significant risk of
serious injuries or fatalities.
Discussion of Comments and Changes
No public comments were received concerning this event. No
substantive changes have been made to the rule as proposed.
Regulatory Analyses
We developed this 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 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 Order. The Office of Management and Budget has not
reviewed it under that Order. We conclude that this rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The safety zone
will be relatively small and will exist for only a minimal time. Under
certain conditions, moreover, vessels may still transit through the
safety zone when permitted by proper authority.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in a portion of Chicago Harbor between 8:45 p.m.
until 9:15 p.m. from August 24, 2010 through August 28, 2010.
This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be enforced for short period of time. Vessels may safely
pass outside the safety zone during the event. In the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port, Sector Lake Michigan to
transit through the safety zone. The Coast Guard will give notice to
the public via a Broadcast to Mariners that the regulation is in
effect.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
Collection of Information
This rule calls 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 rule under
that Order and have determined that it does not have implications for
federalism. No comments were received concerning this rule. No
substantive changes have been made to the rule as proposed.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble. No comments were received concerning this rule. No
substantive changes have been made to the rule as proposed.
Taking of Private Property
This rule will 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. No comments were received concerning this rule. No substantive
changes have been made to the rule as proposed.
[[Page 34938]]
Civil Justice Reform
This 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. No comments were received
concerning this rule. No substantive changes have been made to the rule
as proposed.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children. No comments were received
concerning this rule. No substantive changes have been made to the rule
as proposed.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. No comments were
received concerning this rule. No substantive changes have been made to
the rule as proposed.
Energy Effects
We have analyzed this 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. No comments were received concerning this
rule. No substantive changes have been made to the rule as proposed.
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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards. No comments were
received concerning this rule. No substantive changes have been made to
the rule as proposed.
Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves the establishment of a safety zone
therefore paragraph (34)(g) of the Instruction applies.
An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
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.
0
2. Add Sec. 165.T09-0250 to read as follows:
Sec. 165.T09-0250 Safety Zone; Chicago Tall Ships Fireworks, Chicago
Harbor, Chicago, IL
(a) Location. The safety zone will encompass all waters of Lake
Michigan in the vicinity of Chicago Harbor located off the north east
end of Navy Pier, encompassing an area 600 yards by 750 yards bound by
a line drawn from bound by a line drawn from 41[deg]53'24'' N.,
087[deg]35'55'' W.; then north to 41[deg]53'41'' N., 087[deg]35'55''
W.; then east to 41[deg]53'41'' N., 087[deg]35'26'' W.; then south to
41[deg]53'24'' N., 087[deg]35'26'' W.; then west returning to the point
of origin (NAD 83).
(b) Effective period. This regulation is effective from 8:45 p.m.
on August 24, 2010 until 9:15 p.m. on August 28, 2010. It will be
enforced between 8:45 p.m. and 9:15 p.m. on August 24, 2010, between
the hours of 8:45 p.m. and 9:15 p.m. on August 25, 2010, between the
hours of 8:45 p.m. and 9:15 p.m. on August 26, 2010, between the hours
of 8:45 p.m. and 9:15 p.m. on August 27, 2010, and again between the
hours of 8:45 p.m. and 9:15 p.m. on August 28, 2010. The Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative may
terminate this operation at anytime.
(c) Regulations. (1) In accordance with the general regulations in
section 165.23 of this part, entry into, transiting, or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port, Sector Lake Michigan, or his or her on-scene
representative.
(2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan, or his
or her on-scene representative.
(3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant or petty officer who has been
designated by the Captain of the Port to act on his or her behalf. The
on-scene representative of the Captain of the Port, Sector Lake
Michigan, will be aboard either a Coast Guard or Coast Guard Auxiliary
vessel.
(4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan, or
his or her on-scene representative to obtain permission to do so. The
Captain of the Port, Sector Lake Michigan, or his or her on-scene
representative may be contacted via VHF Channel 16. Vessel operators
given permission to enter or operate in the safety zone must comply
with all directions given to them by the Captain of the Port, Sector
Lake Michigan, or his or her on-scene representative.
[[Page 34939]]
Dated: June 3, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-14848 Filed 6-18-10; 8:45 am]
BILLING CODE 9110-04-P
