Safety Zones; Annual Events Requiring Safety Zones in the Captain of the Port Sault Sainte Marie Zone, 21677-21682 [2011-9148]
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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules
21677
TABLE 1—APPLICABLE ALERT SB FOR PROPELLER TYPE
Propeller assembly type
Initial inspection within
Repeat inspection within
Applicable SB
(1) R334/4–82–F/13 .......................
10 flight hours (FH) time-in-service (TIS) after the effective date
of this AD.
Alert SB No. 61–1119, Revision 5,
dated July 1, 2009.
(2) R321/4–82–F/8 .........................
50 FH TIS after the effective date
of this AD.
50 FH TIS after the effective date
of this AD.
50 FH TIS after the effective date
of this AD.
300 FH time-since-last-inspection
(TSLI) or 300 flight cyclessince-last inspection, whichever
occurs sooner.
1,000 FH TSLI ..............................
(3) R324/4–82–F/9 .........................
(4) R333/4–82–F/12 .......................
(g) For hubs and propellers in storage,
perform an initial ultrasonic inspection of the
rear wall of the rear half of the propeller hub
for cracks, before placing in service. Use
Appendix A or Appendix D of the applicable
Dowty Alert SB listed in Table 1 of this AD
to do the inspection.
Initial Inspection—Previous Credit
(h) Propeller hubs, P/N 660709201, that
previously passed inspection using Dowty
Alert SBs listed in Table 1 of this AD or an
earlier issue of those SBs, have satisfied the
initial inspection requirements of this AD.
However, you must comply with the
repetitive inspection requirements found in
this AD.
Repetitive Ultrasonic Inspections
(i) Thereafter, perform a repetitive
ultrasonic inspection of the rear wall of the
rear half of the propeller hub for cracks
within the compliance time specified in
Table 1 of this AD. Use Appendix A or
Appendix D of the applicable Dowty Alert SB
listed in Table 1 of this AD to do the
inspection.
Optional Terminating Action
(j) As optional terminating action for the
repetitive inspections required by this AD,
replace propeller hub, P/N 660709201, with
a new propeller hub, P/N 660717226.
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Alternative Methods of Compliance
(AMOCs)
(k) The Manager, Boston Certification
Office, has the authority to approve AMOCs
for this AD if requested using the procedures
found in 14 CFR 39.19.
Related Information
(l) For more information about this AD,
contact Michael Schwetz, Aerospace
Engineer, Boston Aircraft Certification Office,
FAA, 12 New England Executive Park,
Burlington, MA 01803; phone: 781–238–
7761; fax: 781–238–7170; e-mail:
michael.schwetz@faa.gov.
(m) European Aviation Safety Agency
2010–0196R1, dated November 12, 2010,
pertains to the subject of this AD.
(n) For service information identified in
this AD, contact Dowty Propellers, Anson
Business Park, Cheltenham Road East,
Gloucester GL 29QN, UK; telephone: 44 (0)
1452 716000; fax: 44 (0) 1452 716001. You
may review copies of the referenced service
information at the FAA, Engine & Propeller
Directorate, 12 New England Executive Park,
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1,000 FH TSLI ..............................
1,000 FH TSLI ..............................
Burlington, MA. For information on the
availability of this material at the FAA, call
781–238–7125.
Issued in Burlington, Massachusetts, on
April 7, 2011.
Peter A. White,
Acting Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2011–9258 Filed 4–15–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
Alert SB No. 61–1125, Revision 2,
dated August 25, 2010.
Alert SB No. 61–1126, Revision 2,
dated August 25, 2010.
Alert SB No. 61–1124, Revision 2,
dated August 25, 2010.
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.
If
you have questions on this proposed
rule, call or e-mail BMC Gregory Ford,
Prevention Department, Coast Guard,
Sector Sault Sainte Marie, MI, telephone
(906) 635–3222, e-mail
Gregory.C.Ford@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:
FOR FURTHER INFORMATION CONTACT:
33 CFR Part 165
[Docket No. USCG–2011–0188]
RIN 1625–AA00
Safety Zones; Annual Events
Requiring Safety Zones in the Captain
of the Port Sault Sainte Marie Zone
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish regulations requiring safety
zones in the Captain of the Port Sault
Sainte Marie zone. This proposed rule is
intended to establish safety zones that
will restrict vessels from certain
portions of water areas within the Sector
Sault Ste Marie Captain of the Port zone,
as defined by our regulations. These
proposed safety zones are necessary to
protect spectators, participants, and
vessels from the hazards associated with
various maritime events.
DATES: Comments and related materials
must be received by the Coast Guard on
or before May 18, 2011.
ADDRESSES: You may submit comments
identified by docket number USCG–
2011–0188 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
SUMMARY:
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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–2011–0188),
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
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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–2011–0188’’ 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–2011–
0188’’ 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.
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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
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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 by 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.
Background and Purpose
This proposed rule will add 33 CFR
165.9xx, Annual Events requiring safety
zones in the Captain of the Port Sault
Sainte Marie zone. Various private and
public entities organize marine events
within the Sault Sainte Marie Captain of
the Port zone. Many of these events
recur in the same location on or about
the same date each year. Also, many of
these events pose hazards to the public.
Such hazards include obstructions to
the navigable channels, explosive
dangers associated with fireworks,
debris falling into the water, and general
congestion of waterways. To minimize
these and other hazards, this proposed
rule will establish twenty safety zones,
each related to a specific recurring
marine event.
Discussion of Proposed Rule
This proposed rule and its associated
safety zones are necessary to ensure the
safety of vessels and people during each
of the annual marine events discussed
below.
Although this rule will remain in
effect year round, the proposed safety
zones will be enforced only
immediately before, during, and after
each corresponding event.
The Captain of the Port Sault Sainte
Marie will notify the public when the
safety zones in this proposal will be
enforced. In keeping with 33 CFR
165.7(a), the Captain of the Port Sault
Sainte Marie will use all appropriate
means to notify the affected segments of
the public. This will include, as
practicable, publication in the Federal
Register, Broadcast Notice to Mariners,
and Local Notice to Mariners. The
Captain of the Port will, as practicable,
issue a Broadcast Notice to Mariners
notifying the public when any
enforcement period is cancelled.
Entry into, transiting, or anchoring
within each of the below safety zones is
prohibited unless authorized by the
Captain of the Port Sault Sainte Marie
or his or her designated representative.
All persons and vessels permitted to
enter one of the safety zones established
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by this proposed rule shall comply with
the instructions of the Coast Guard
Captain of the Port or the designated
representative. The Captain of the Port
or his or her designated representative
may be contacted via VHF Channel 16.
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
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS). We conclude that this proposed
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 zones created by this
proposed rule will be relatively small
and enforced for a relatively short time.
Also, each safety zone is designed to
minimize its impact on navigable
waters. Furthermore, each safety zone
has been designed to allow vessels to
transit unrestricted to portions of the
waterways not affected by the safety
zones. Thus, restrictions on vessel
movement within that particular area
are expected to be minimal. Under
certain conditions, moreover, vessels
may still transit through each safety
zone when permitted by the Captain of
the Port. On the whole, the Coast Guard
expects insignificant adverse impact to
mariners from the activation of these
safety zones.
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.
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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 proposed rule would affect
the following entities, some of which
might be small entities: The owners and
operators of vessels intending to transit
or anchor in any one of the below
established safety zones while the safety
zone is being enforced. These safety
zones will not have a significant
economic impact on a substantial
number of small entities for the
following reasons: Each safety zone in
this proposed rule will be in effect for
only a few hours within any given 24
hour period. Each of the safety zones,
with one exception, will be in effect
only once per year. Furthermore, these
safety zones have been designed to
allow traffic to pass safely around each
zone. Moreover, vessels will be allowed
to pass through each zone at the
discretion of the Captain of the Port.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this proposed 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 BMC
Gregory Ford, Prevention Department,
Coast Guard Sector Sault Sainte Marie,
MI at (906) 635–3222. 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 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
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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 will not affect the
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 proposed 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
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
Tribal concerns. We have determined
that this rule and fishing rights
protection need not be incompatible.
We have also determined that this
proposed 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
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21679
Government and Indian Tribes.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this proposed rule or options for
compliance are encouraged to contact
the point of contact listed under FOR
FURTHER INFORMATION CONTACT.
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 that do not individually or
cumulatively have a significant effect on
the human environment. A preliminary
environmental analysis checklist
supporting this preliminary
determination is available in the docket
where indicated under ADDRESSES. This
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proposed rule establishes a safety zone
and therefore paragraph (34)(g) of figure
2–1 applies. 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. 1231; 46 U.S.C.
Chapter 701; 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 § 165.918 to read as follows:
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§ 165.918 Safety Zones; Annual events
requiring safety zones in the Captain of the
Port Sault Sainte Marie zone.
(a) Safety Zones. The following areas
are designated safety zones:
(1) Marquette Fourth of July
Celebration Fireworks; Marquette, MI:
(i) Location. All U.S. navigable waters
of Marquette Harbor within a 1000-foot
radius of the fireworks launch site,
centered approximately 1250 feet south
of the Mattson Park Bulkhead Dock and
450 feet east of Ripley Rock, at position
46°32′21.7″ N, 087°23′07.60″ W
[DATUM: NAD 83].
(ii) Enforcement Period This safety
zone will be enforced each year on July
4 from 9 p.m. until 11 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11 p.m.
(2) Munising Fourth of July
Celebration Fireworks; Munising, MI:
(i) Location. All U.S. navigable waters
of South Bay within a 600-foot radius
from the fireworks launch site at the end
of the Munising City Dock, centered in
position: 46°24′50.08″ N, 086°39′08.52″
W [DATUM: NAD 83].
(ii) Enforcement Period This safety
zone will be enforced each year on July
4 from 9 p.m. until 12:30 a.m. on July
5. If the July 4 fireworks are cancelled
due to inclement weather, then this
section will be enforced on July 5 from
9 p.m. until 12:30 a.m. on July 6.
(3) Grand Marais Splash-In; Grand
Marais, MI:
(i) Location. All U.S. navigable within
the southern portion of West Bay bound
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to the north by a line beginning
approximately 175 feet south-southeast
of the Lake Street Boat Launch,
extending 5280 feet to the east on a true
bearing of 079 degrees. The eastern
boundary will then be formed by a line
drawn to the shoreline on a true bearing
of 170 degrees. The western and
southern boundaries of the zone will be
bound by the shoreline of West Bay. The
coordinates for this zone are as follows:
46°40′22.32″ N, 085°59′00.66″ W,
46°40′32.04″ N, 085°57′46.14″ W, and
46°40′19.68″ N, 085°57′43.08″ W
[DATUM: NAD 83], with the West Bay
shoreline forming the South and West
boundaries of the zone.
(ii) Enforcement Period. Each year on
the second to last Saturday in June from
2 p.m. until 5 p.m.
(4) Sault Sainte Marie Fourth of July
Celebration Fireworks; Sault Sainte
Marie, MI:
(i) Location. All U.S. navigable waters
of the St. Marys River within a 750-foot
radius around the eastern portion of the
U.S. Army Corp of Engineers Soo Locks
North East Pier, centered in position:
46°30′19.66″ N, 084°20′31.61″ W
[DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11:30 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11:30 p.m.
(5) St. Ignace Fourth of July
Celebration Fireworks; St. Ignace, MI:
(i) Location. All U.S. navigable waters
of East Moran Bay within a 700-foot
radius from the fireworks launch site at
the end of the Arnold Transit Mill Slip,
centered in position: 45°52′24.62″ N,
084°43′18.13″ W [DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11:30 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11:30 p.m.
(6) Mackinac Island Fourth of July
Celebration Fireworks; Mackinac Island,
MI:
(i) Location. All U.S. navigable waters
of Lake Huron within a 500-foot radius
of the fireworks launch site, centered
approximately 1000 yards west of
Round Island Passage Light, at position
45°50′34.92″ N, 084°37′38.16″ W
[DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11 p.m.
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(7) Festivals of Fireworks Celebration
Fireworks; St. Ignace, MI:
(i) Location. All U.S. navigable waters
of East Moran Bay within a 700-foot
radius from the fireworks launch site at
the end of the Arnold Transit Mill Slip,
centered in position: 45°52′24.62″ N,
084°43′18.13″ W [DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on
every Saturday following the 4th of July
until the second Sunday in September
from 9 p.m. to 11 p.m. If the fireworks
are cancelled on Saturday due to
inclement weather, then this section
will be enforced on Sunday from 9 p.m.
to 11 p.m.
(8) Canada Day Celebration
Fireworks; Sault Sainte Marie, MI:
(i) Location. All U.S. navigable waters
of the St. Marys River within a 1200-foot
radius from the fireworks launch site,
centered approximately 160 yards north
of the U.S. Army Corp of Engineers Soo
Locks North East Pier, at position
46°30′20.40″ N, 084°20′17.64″ W
[DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
1 from 9 p.m. until 11 p.m. If the July
1 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 2 from 9 p.m. until
11 p.m.
(9) Jordan Valley Freedom Festival
Fireworks; East Jordan, MI:
(i) Location. All U.S. navigable waters
of Lake Charlevoix, near the City of East
Jordan, within the arc of a circle with
a 1000-foot radius from the fireworks
launch site in position 45°09′18″ N,
085°07′48″ W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on
Saturday of the third weekend of June
from 9 p.m. until 11 p.m.
(10) National Cherry Festival Fourth
of July Celebration Fireworks; Traverse
City, MI:
(i) Location. All U.S. navigable waters
of the West Arm of Grand Traverse Bay
within the arc of a circle with a 1000foot radius from the fireworks launch
site located on a barge in position
44°46′12″ N, 085°37′06″ W [DATUM:
NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11 p.m.
(11) Harbor Springs Fourth of July
Celebration Fireworks; Harbor Springs,
MI:
(i) Location. All U.S. navigable waters
of Lake Michigan and Harbor Springs
Harbor within the arc of a circle with a
1000-foot radius from the fireworks
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launch site located on a barge in
position 45°25′30″ N, 084°59′06″ W
[DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11 p.m.
(12) Bay Harbor Yacht Club Fourth of
July Celebration Fireworks; Petoskey,
MI:
(i) Location. All U.S. navigable waters
of Lake Michigan and Bay Harbor Lake
within the arc of a circle with a 500-foot
radius from the fireworks launch site
located on a barge in position 45°21′50″
N, 085°01′37″ W [DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
3 from 9 p.m. until 11 p.m. If the July
3 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 4 from 9 p.m. until
11 p.m.
(13) Petoskey Fourth of July
Celebration Fireworks; Petoskey, MI:
(i) Location. All U.S. navigable waters
of Lake Michigan and Petoskey Harbor,
in the vicinity of Bay Front Park, within
the arc of a circle with a 1000-foot
radius from the fireworks launch site
located in position 45°22′40″ N,
084°57′30″ W [DATUM: NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11 p.m.
(14) Boyne City Fourth of July
Celebration Fireworks; Boyne City, MI:
(i) Location. All U.S. navigable waters
of Lake Charlevoix, in the vicinity of
Veterans Park, within the arc of a circle
with a 1400-foot radius from the
fireworks launch site located in position
45°13′30″ N, 085°01′40″ W [DATUM:
NAD 83].
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11 p.m.
(15) National Cherry Festival Air
Show; Traverse City, MI:
(i) Location. All U.S. navigable waters
of the West Arm of Grand Traverse Bay
bounded by a line drawn from 44°46′48″
N, 085°38′18″ W, then southeast to
44°46′30″ N, 085°35′30″ W, then
southwest to 44°46′00″ N, 085°35′48″ W,
then northwest to 44°46′30″ N,
085°38′30″ W, then back to the point of
origin [DATUM: NAD 83].
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(ii) Enforcement Period. Each year on
Friday, Saturday, and Sunday of the
first complete weekend of July from
noon until 4 p.m.
(16) National Cherry Festival Finale
Fireworks; Traverse City, MI:
(i) Location. All U.S. navigable waters
and adjacent shoreline of the West Arm
of Grand Traverse Bay within the arc of
a circle with a 1000-foot radius from the
fireworks launch site located on a barge
in position 44°46′12″ N, 085°37′06″ W
[DATUM: NAD 83].
(ii) Enforcement Period. Each year on
the second Saturday of July from 9 p.m.
until 11 p.m.
(17) Charlevoix Venetian Festival
Friday Night Fireworks; Charlevoix, MI:
(i) Location. All U.S. navigable waters
of Lake Charlevoix, in the vicinity of
Depot Beach, within the arc of a circle
with a 1000-foot radius from the
fireworks launch site located on a barge
in position 45°19′08″ N, 085°14′18″ W
[DATUM: NAD 83].
(ii) Enforcement Period. Each year on
Friday of the fourth weekend of July
from 9 p.m. until 11 p.m.
(18) Charlevoix Venetian Festival
Saturday Night Fireworks; Charlevoix,
MI:
(i) Location. All U.S. navigable waters
of Round Lake within the arc of a circle
with a 300- foot radius from the
fireworks launch site located on a barge
in position 45°19′03″ N, 085°15′18″ W
[DATUM: NAD 83].
(ii) Enforcement Period. Each year on
Saturday of the fourth weekend of July
from 9 p.m. until 11 p.m.
(19) Elk Rapids Harbor Days
Fireworks; Elk Rapids, MI:
(i) Location. All U.S. navigable waters
of Grand Traverse Bay, in the vicinity of
Edward G. Grace Memorial Park, within
the arc of a circle with a 1000-foot
radius from the fireworks launch site
located in position 44°53′58″ N,
085°25′04″ W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on
the first Saturday of August from 9 p.m.
until 11 p.m.
(20) Alpena Fourth of July Celebration
Fireworks, Alpena, MI:
(i) Location. All U.S. navigable waters
of Lake Huron within an 800-foot radius
of the fireworks launch site located near
the end of Mason Street, South of State
Avenue, at position 45°02′42″ N,
083°26′48″ W (NAD 83).
(ii) Enforcement Period. This safety
zone will be enforced each year on July
4 from 9 p.m. until 11 p.m. If the July
4 fireworks are cancelled due to
inclement weather, then this section
will be enforced July 5 from 9 p.m. until
11 p.m.
(b) Definitions. The following
definitions apply to this section:
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21681
(1) Designated representative means
any Coast Guard commissioned,
warrant, or petty officer designated by
the Captain of the Port Sault Sainte
Marie to monitor these safety zones,
permit entry into these safety zones,
give legally enforceable orders to
persons or vessels within these safety
zones, or take other actions authorized
by the Captain of the Port Sault Sainte
Marie.
(2) Public vessel means a vessel
owned, chartered, or operated by the
United States or by a State or political
subdivision thereof.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within any of the safety zones
listed in this section is prohibited
unless authorized by the Captain of the
Port Sault Sainte Marie, or a designated
representative.
(2) All persons and vessels must
comply with the instructions of the
Coast Guard Captain of the Port Sault
Sainte Marie or a designated
representative. Upon being hailed by the
U.S. Coast Guard by siren, radio,
flashing light or other means, the
operator of a vessel shall proceed as
directed.
(3) When a safety zone established by
this section is being enforced, all vessels
must obtain permission from the
Captain of the Port Sault Sainte Marie
or a designated representative to enter,
move within, or exit that safety zone.
Vessels and persons granted permission
to enter the safety zone shall obey all
lawful orders or directions of the
Captain of the Port Sault Sainte Marie
or a designated representative. While
within a safety zone, all vessels shall
operate at the minimum speed
necessary to maintain a safe course.
(d) Suspension of Enforcement. If the
event concludes earlier than scheduled,
the Captain of the Port Sault Sainte
Marie or a designated representative
will issue a Broadcast Notice to
Mariners notifying the public that
enforcement of the respective safety
zone is suspended.
(e) Exemption. Public vessels, as
defined in paragraph (b) of this section,
are exempt from the requirements in
this section.
(f) Waiver. For any vessel, the Captain
of the Port Sault Sainte Marie or a
designated representative may, at his or
her discretion, waive any of the
requirements of this section, upon
finding that circumstances are such that
application of this section is
unnecessary or impractical for the
purposes of safety or environmental
safety.
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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Proposed Rules
Dated: April 6, 2011.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2011–9148 Filed 4–15–11; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2008–0635; FRL–9296–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Louisiana; Section 110(a)(2)
Infrastructure Requirements for the
1997 8-Hour Ozone and Fine
Particulate Matter National Ambient Air
Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
EPA is proposing to approve
submittals from the State of Louisiana
pursuant to the Clean Air Act (CAA or
Act) that address the infrastructure
elements specified in the CAA section
110(a)(2), necessary to implement,
maintain, and enforce the 1997 8-hour
ozone and 1997 fine particulate matter
(PM2.5) national ambient air quality
standards (NAAQS or standards). We
are proposing to find that the current
Louisiana State Implementation Plan
(SIP) meets the following infrastructure
elements for the 1997 8-hour ozone
NAAQS and the 1997 PM2.5 NAAQS:
110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G),
(H), (J), (K), (L), and (M). EPA is also
proposing to approve SIP revisions that
modify Louisiana’s PSD SIP for the 1997
8-hour ozone NAAQS to include
nitrogen oxides (NOX) as an ozone
precursor. This action is being taken
under section 110 and part C of the Act.
DATES: Comments must be received on
or before May 18, 2011.
ADDRESSES: Submit your comments,
identified by Docket No. EPA–R06–
OAR–2008–0635, by one of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• U.S. EPA Region 6 ‘‘Contact Us’’
Web site: https://epa.gov/region6/
r6comment.htm. Please click on ‘‘6PD
(Multimedia)’’ and select ‘‘Air’’ before
submitting comments.
• E-mail: Mr. Guy Donaldson at
donaldson.guy@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
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SUMMARY:
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• Fax: Mr. Guy Donaldson, Chief, Air
Planning Section (6PD–L), at fax
number 214–665–7263.
• Mail: Mr. Guy Donaldson, Chief,
Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733.
• Hand or Courier Delivery: Mr. Guy
Donaldson, Chief, Air Planning Section
(6PD–L), Environmental Protection
Agency, 1445 Ross Avenue, Suite 1200,
Dallas, Texas 75202–2733. Such
deliveries are accepted only between the
hours of 8 a.m. and 4 p.m. weekdays,
and not on legal holidays. Special
arrangements should be made for
deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–R06–OAR–2008–
0635. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. 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.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
PO 00000
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Fmt 4702
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material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov, or in hard copy at
the Air Planning Section (6PD–L),
Environmental Protection Agency, 1445
Ross Avenue, Suite 700, Dallas, Texas
75202–2733. The file will be made
available by appointment for public
inspection in the Region 6 FOIA Review
Room between the hours of 8:30 a.m.
and 4:30 p.m. weekdays except for legal
holidays. Contact the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253 to make an appointment.
If possible, please make the
appointment at least two working days
in advance of your visit. There will be
a fee of 15 cents per page for making
photocopies of documents. On the day
of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross
Avenue, Suite 700, Dallas, Texas 75202.
The State submittal is also available
for public inspection during official
business hours by appointment:
Louisiana Department of Environmental
Quality (LDEQ), Office of
Environmental Quality Assessment, 602
N. Fifth Street, Baton Rouge, Louisiana
70802.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Paige, Air Planning Section
(6PD–L), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–6521; fax number
214–665–6762; e-mail address
paige.carrie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
Table of Contents
I. Background
A. What are the national ambient air
quality standards?
B. What is a SIP?
C. What is the background for this
rulemaking?
a. Section 110(a)(1) and (2)
b. Revisions to Louisiana’s SIP
c. Greenhouse Gas (GHG) Component of
PSD Programs
D. What elements are required under
Section 110(a)(2)?
II. What action is EPA proposing?
III. How has Louisiana addressed the
elements of section 110(a)(2)?
IV. Proposed Action
V. Statutory and Executive Order Reviews
I. Background
A. What are the national ambient air
quality standards?
Section 109 of the Act requires EPA
to establish NAAQS for pollutants that
E:\FR\FM\18APP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Proposed Rules]
[Pages 21677-21682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9148]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG-2011-0188]
RIN 1625-AA00
Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Sault Sainte Marie Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish regulations requiring
safety zones in the Captain of the Port Sault Sainte Marie zone. This
proposed rule is intended to establish safety zones that will restrict
vessels from certain portions of water areas within the Sector Sault
Ste Marie Captain of the Port zone, as defined by our regulations.
These proposed safety zones are necessary to protect spectators,
participants, and vessels from the hazards associated with various
maritime events.
DATES: Comments and related materials must be received by the Coast
Guard on or before May 18, 2011.
ADDRESSES: You may submit comments identified by docket number USCG-
2011-0188 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 or e-mail BMC Gregory Ford, Prevention Department, Coast
Guard, Sector Sault Sainte Marie, MI, telephone (906) 635-3222, e-mail
Gregory.C.Ford@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-2011-0188), 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
[[Page 21678]]
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-2011-0188'' 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-2011-0188'' 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 by 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.
Background and Purpose
This proposed rule will add 33 CFR 165.9xx, Annual Events requiring
safety zones in the Captain of the Port Sault Sainte Marie zone.
Various private and public entities organize marine events within the
Sault Sainte Marie Captain of the Port zone. Many of these events recur
in the same location on or about the same date each year. Also, many of
these events pose hazards to the public. Such hazards include
obstructions to the navigable channels, explosive dangers associated
with fireworks, debris falling into the water, and general congestion
of waterways. To minimize these and other hazards, this proposed rule
will establish twenty safety zones, each related to a specific
recurring marine event.
Discussion of Proposed Rule
This proposed rule and its associated safety zones are necessary to
ensure the safety of vessels and people during each of the annual
marine events discussed below.
Although this rule will remain in effect year round, the proposed
safety zones will be enforced only immediately before, during, and
after each corresponding event.
The Captain of the Port Sault Sainte Marie will notify the public
when the safety zones in this proposal will be enforced. In keeping
with 33 CFR 165.7(a), the Captain of the Port Sault Sainte Marie will
use all appropriate means to notify the affected segments of the
public. This will include, as practicable, publication in the Federal
Register, Broadcast Notice to Mariners, and Local Notice to Mariners.
The Captain of the Port will, as practicable, issue a Broadcast Notice
to Mariners notifying the public when any enforcement period is
cancelled.
Entry into, transiting, or anchoring within each of the below
safety zones is prohibited unless authorized by the Captain of the Port
Sault Sainte Marie or his or her designated representative. All persons
and vessels permitted to enter one of the safety zones established by
this proposed rule shall comply with the instructions of the Coast
Guard Captain of the Port or the designated representative. The Captain
of the Port or his or her designated representative may be contacted
via VHF Channel 16.
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 Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed 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 zones
created by this proposed rule will be relatively small and enforced for
a relatively short time. Also, each safety zone is designed to minimize
its impact on navigable waters. Furthermore, each safety zone has been
designed to allow vessels to transit unrestricted to portions of the
waterways not affected by the safety zones. Thus, restrictions on
vessel movement within that particular area are expected to be minimal.
Under certain conditions, moreover, vessels may still transit through
each safety zone when permitted by the Captain of the Port. On the
whole, the Coast Guard expects insignificant adverse impact to mariners
from the activation of these safety zones.
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.
[[Page 21679]]
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 proposed rule would affect the following
entities, some of which might be small entities: The owners and
operators of vessels intending to transit or anchor in any one of the
below established safety zones while the safety zone is being enforced.
These safety zones will not have a significant economic impact on a
substantial number of small entities for the following reasons: Each
safety zone in this proposed rule will be in effect for only a few
hours within any given 24 hour period. Each of the safety zones, with
one exception, will be in effect only once per year. Furthermore, these
safety zones have been designed to allow traffic to pass safely around
each zone. Moreover, vessels will be allowed to pass through each zone
at the discretion of the Captain of the Port.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed 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 BMC Gregory Ford, Prevention
Department, Coast Guard Sector Sault Sainte Marie, MI at (906) 635-
3222. 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 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 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 will not affect the 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 proposed 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
The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate Tribal
concerns. We have determined that this rule and fishing rights
protection need not be incompatible. We have also determined that this
proposed 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. Nevertheless, Indian
Tribes that have questions concerning the provisions of this proposed
rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.
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 that do not individually or cumulatively have a significant
effect on the human environment. A preliminary environmental analysis
checklist supporting this preliminary determination is available in the
docket where indicated under ADDRESSES. This
[[Page 21680]]
proposed rule establishes a safety zone and therefore paragraph (34)(g)
of figure 2-1 applies. 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. 1231; 46 U.S.C. Chapter 701; 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. 165.918 to read as follows:
Sec. 165.918 Safety Zones; Annual events requiring safety zones in
the Captain of the Port Sault Sainte Marie zone.
(a) Safety Zones. The following areas are designated safety zones:
(1) Marquette Fourth of July Celebration Fireworks; Marquette, MI:
(i) Location. All U.S. navigable waters of Marquette Harbor within
a 1000-foot radius of the fireworks launch site, centered approximately
1250 feet south of the Mattson Park Bulkhead Dock and 450 feet east of
Ripley Rock, at position 46[deg]32'21.7'' N, 087[deg]23'07.60'' W
[DATUM: NAD 83].
(ii) Enforcement Period This safety zone will be enforced each year
on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(2) Munising Fourth of July Celebration Fireworks; Munising, MI:
(i) Location. All U.S. navigable waters of South Bay within a 600-
foot radius from the fireworks launch site at the end of the Munising
City Dock, centered in position: 46[deg]24'50.08'' N,
086[deg]39'08.52'' W [DATUM: NAD 83].
(ii) Enforcement Period This safety zone will be enforced each year
on July 4 from 9 p.m. until 12:30 a.m. on July 5. If the July 4
fireworks are cancelled due to inclement weather, then this section
will be enforced on July 5 from 9 p.m. until 12:30 a.m. on July 6.
(3) Grand Marais Splash-In; Grand Marais, MI:
(i) Location. All U.S. navigable within the southern portion of
West Bay bound to the north by a line beginning approximately 175 feet
south-southeast of the Lake Street Boat Launch, extending 5280 feet to
the east on a true bearing of 079 degrees. The eastern boundary will
then be formed by a line drawn to the shoreline on a true bearing of
170 degrees. The western and southern boundaries of the zone will be
bound by the shoreline of West Bay. The coordinates for this zone are
as follows: 46[deg]40'22.32'' N, 085[deg]59'00.66'' W,
46[deg]40'32.04'' N, 085[deg]57'46.14'' W, and 46[deg]40'19.68'' N,
085[deg]57'43.08'' W [DATUM: NAD 83], with the West Bay shoreline
forming the South and West boundaries of the zone.
(ii) Enforcement Period. Each year on the second to last Saturday
in June from 2 p.m. until 5 p.m.
(4) Sault Sainte Marie Fourth of July Celebration Fireworks; Sault
Sainte Marie, MI:
(i) Location. All U.S. navigable waters of the St. Marys River
within a 750-foot radius around the eastern portion of the U.S. Army
Corp of Engineers Soo Locks North East Pier, centered in position:
46[deg]30'19.66'' N, 084[deg]20'31.61'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11:30 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11:30 p.m.
(5) St. Ignace Fourth of July Celebration Fireworks; St. Ignace,
MI:
(i) Location. All U.S. navigable waters of East Moran Bay within a
700-foot radius from the fireworks launch site at the end of the Arnold
Transit Mill Slip, centered in position: 45[deg]52'24.62'' N,
084[deg]43'18.13'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11:30 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11:30 p.m.
(6) Mackinac Island Fourth of July Celebration Fireworks; Mackinac
Island, MI:
(i) Location. All U.S. navigable waters of Lake Huron within a 500-
foot radius of the fireworks launch site, centered approximately 1000
yards west of Round Island Passage Light, at position 45[deg]50'34.92''
N, 084[deg]37'38.16'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(7) Festivals of Fireworks Celebration Fireworks; St. Ignace, MI:
(i) Location. All U.S. navigable waters of East Moran Bay within a
700-foot radius from the fireworks launch site at the end of the Arnold
Transit Mill Slip, centered in position: 45[deg]52'24.62'' N,
084[deg]43'18.13'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on every Saturday following the 4th of July until the second
Sunday in September from 9 p.m. to 11 p.m. If the fireworks are
cancelled on Saturday due to inclement weather, then this section will
be enforced on Sunday from 9 p.m. to 11 p.m.
(8) Canada Day Celebration Fireworks; Sault Sainte Marie, MI:
(i) Location. All U.S. navigable waters of the St. Marys River
within a 1200-foot radius from the fireworks launch site, centered
approximately 160 yards north of the U.S. Army Corp of Engineers Soo
Locks North East Pier, at position 46[deg]30'20.40'' N,
084[deg]20'17.64'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 1 from 9 p.m. until 11 p.m. If the July 1 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 2 from 9 p.m. until 11 p.m.
(9) Jordan Valley Freedom Festival Fireworks; East Jordan, MI:
(i) Location. All U.S. navigable waters of Lake Charlevoix, near
the City of East Jordan, within the arc of a circle with a 1000-foot
radius from the fireworks launch site in position 45[deg]09'18'' N,
085[deg]07'48'' W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on Saturday of the third weekend
of June from 9 p.m. until 11 p.m.
(10) National Cherry Festival Fourth of July Celebration Fireworks;
Traverse City, MI:
(i) Location. All U.S. navigable waters of the West Arm of Grand
Traverse Bay within the arc of a circle with a 1000-foot radius from
the fireworks launch site located on a barge in position 44[deg]46'12''
N, 085[deg]37'06'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(11) Harbor Springs Fourth of July Celebration Fireworks; Harbor
Springs, MI:
(i) Location. All U.S. navigable waters of Lake Michigan and Harbor
Springs Harbor within the arc of a circle with a 1000-foot radius from
the fireworks
[[Page 21681]]
launch site located on a barge in position 45[deg]25'30'' N,
084[deg]59'06'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(12) Bay Harbor Yacht Club Fourth of July Celebration Fireworks;
Petoskey, MI:
(i) Location. All U.S. navigable waters of Lake Michigan and Bay
Harbor Lake within the arc of a circle with a 500-foot radius from the
fireworks launch site located on a barge in position 45[deg]21'50'' N,
085[deg]01'37'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 3 from 9 p.m. until 11 p.m. If the July 3 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 4 from 9 p.m. until 11 p.m.
(13) Petoskey Fourth of July Celebration Fireworks; Petoskey, MI:
(i) Location. All U.S. navigable waters of Lake Michigan and
Petoskey Harbor, in the vicinity of Bay Front Park, within the arc of a
circle with a 1000-foot radius from the fireworks launch site located
in position 45[deg]22'40'' N, 084[deg]57'30'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(14) Boyne City Fourth of July Celebration Fireworks; Boyne City,
MI:
(i) Location. All U.S. navigable waters of Lake Charlevoix, in the
vicinity of Veterans Park, within the arc of a circle with a 1400-foot
radius from the fireworks launch site located in position
45[deg]13'30'' N, 085[deg]01'40'' W [DATUM: NAD 83].
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(15) National Cherry Festival Air Show; Traverse City, MI:
(i) Location. All U.S. navigable waters of the West Arm of Grand
Traverse Bay bounded by a line drawn from 44[deg]46'48'' N,
085[deg]38'18'' W, then southeast to 44[deg]46'30'' N, 085[deg]35'30''
W, then southwest to 44[deg]46'00'' N, 085[deg]35'48'' W, then
northwest to 44[deg]46'30'' N, 085[deg]38'30'' W, then back to the
point of origin [DATUM: NAD 83].
(ii) Enforcement Period. Each year on Friday, Saturday, and Sunday
of the first complete weekend of July from noon until 4 p.m.
(16) National Cherry Festival Finale Fireworks; Traverse City, MI:
(i) Location. All U.S. navigable waters and adjacent shoreline of
the West Arm of Grand Traverse Bay within the arc of a circle with a
1000-foot radius from the fireworks launch site located on a barge in
position 44[deg]46'12'' N, 085[deg]37'06'' W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on the second Saturday of July
from 9 p.m. until 11 p.m.
(17) Charlevoix Venetian Festival Friday Night Fireworks;
Charlevoix, MI:
(i) Location. All U.S. navigable waters of Lake Charlevoix, in the
vicinity of Depot Beach, within the arc of a circle with a 1000-foot
radius from the fireworks launch site located on a barge in position
45[deg]19'08'' N, 085[deg]14'18'' W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on Friday of the fourth weekend
of July from 9 p.m. until 11 p.m.
(18) Charlevoix Venetian Festival Saturday Night Fireworks;
Charlevoix, MI:
(i) Location. All U.S. navigable waters of Round Lake within the
arc of a circle with a 300- foot radius from the fireworks launch site
located on a barge in position 45[deg]19'03'' N, 085[deg]15'18'' W
[DATUM: NAD 83].
(ii) Enforcement Period. Each year on Saturday of the fourth
weekend of July from 9 p.m. until 11 p.m.
(19) Elk Rapids Harbor Days Fireworks; Elk Rapids, MI:
(i) Location. All U.S. navigable waters of Grand Traverse Bay, in
the vicinity of Edward G. Grace Memorial Park, within the arc of a
circle with a 1000-foot radius from the fireworks launch site located
in position 44[deg]53'58'' N, 085[deg]25'04'' W [DATUM: NAD 83].
(ii) Enforcement Period. Each year on the first Saturday of August
from 9 p.m. until 11 p.m.
(20) Alpena Fourth of July Celebration Fireworks, Alpena, MI:
(i) Location. All U.S. navigable waters of Lake Huron within an
800-foot radius of the fireworks launch site located near the end of
Mason Street, South of State Avenue, at position 45[deg]02'42'' N,
083[deg]26'48'' W (NAD 83).
(ii) Enforcement Period. This safety zone will be enforced each
year on July 4 from 9 p.m. until 11 p.m. If the July 4 fireworks are
cancelled due to inclement weather, then this section will be enforced
July 5 from 9 p.m. until 11 p.m.
(b) Definitions. The following definitions apply to this section:
(1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Sault
Sainte Marie to monitor these safety zones, permit entry into these
safety zones, give legally enforceable orders to persons or vessels
within these safety zones, or take other actions authorized by the
Captain of the Port Sault Sainte Marie.
(2) Public vessel means a vessel owned, chartered, or operated by
the United States or by a State or political subdivision thereof.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transiting, or anchoring within
any of the safety zones listed in this section is prohibited unless
authorized by the Captain of the Port Sault Sainte Marie, or a
designated representative.
(2) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port Sault Sainte Marie or a designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
(3) When a safety zone established by this section is being
enforced, all vessels must obtain permission from the Captain of the
Port Sault Sainte Marie or a designated representative to enter, move
within, or exit that safety zone. Vessels and persons granted
permission to enter the safety zone shall obey all lawful orders or
directions of the Captain of the Port Sault Sainte Marie or a
designated representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
(d) Suspension of Enforcement. If the event concludes earlier than
scheduled, the Captain of the Port Sault Sainte Marie or a designated
representative will issue a Broadcast Notice to Mariners notifying the
public that enforcement of the respective safety zone is suspended.
(e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
(f) Waiver. For any vessel, the Captain of the Port Sault Sainte
Marie or a designated representative may, at his or her discretion,
waive any of the requirements of this section, upon finding that
circumstances are such that application of this section is unnecessary
or impractical for the purposes of safety or environmental safety.
[[Page 21682]]
Dated: April 6, 2011.
J.C. McGuiness,
Captain, U.S. Coast Guard, Captain of the Port Sault Sainte Marie.
[FR Doc. 2011-9148 Filed 4-15-11; 8:45 am]
BILLING CODE 9110-04-P
