[Federal Register: August 3, 2010 (Volume 75, Number 148)]
[Proposed Rules]
[Page 45568-45571]
[DOCID:fr03au10-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2007-0228-201015; FRL-9184-3]

Approval and Promulgation of Implementation Plans and
Designations of Areas for Air Quality Planning Purposes; Tennessee:
Knoxville; Determination of Attainment for the 1997 8-Hour Ozone
Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: On February 19, 2010, the State of Tennessee, through the
Tennessee Department of Environment and Conservation (TDEC), submitted
a request to EPA to make a determination that the Knoxville, Tennessee
nonattainment area has attained the 1997 8-hour ozone national ambient
air quality standards (NAAQS) based on quality assured, quality
controlled monitoring data from 2007-2009. The Knoxville, Tennessee
1997 8-hour ozone nonattainment area (hereafter referred to as the
``Knoxville Area'') is comprised of Anderson, Blount, Jefferson, Knox,
Loudon and Sevier Counties in their entireties and a portion of Cocke
County (Great Smoky Mountain National Park) in Tennessee. In this
action, EPA is proposing to determine that the Knoxville Area has
attained the 1997 8-hour ozone NAAQS. This proposed determination is
based upon complete, quality assured, quality controlled, and certified
ambient air monitoring data for the years 2007-2009 showing that the
Knoxville Area has monitored attainment of the 1997 8-hour ozone NAAQS.
Preliminary air quality monitoring data available for 2010 are
consistent with continued attainment. If this proposed determination is
made final, the requirement for the State of Tennessee to submit an
attainment demonstration and associated reasonably available control
measures (RACM), a reasonable further progress (RFP) plan, contingency
measures, and other planning State Implementation Plans (SIPs) related
to attainment of the 1997 8-hour ozone NAAQS for the Knoxville,
Tennessee 8-hour ozone nonattainment area, shall be suspended for as
long as the Knoxville Area continues to meet the 1997 8-hour ozone
NAAQS.

DATES: Written comments must be received on or before September 2,
2010.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-
OAR-2007-0228 by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``EPA-R04-OAR-2007-0228,'' Regulatory Development Section,
Air Planning Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960.
    5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency,

Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960. Such
deliveries are only accepted during the Regional Office's normal hours
of operation. The Regional Office's official hours of business are
Monday through Friday, 8:30 to 4:30, excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-
2007-0228. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://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 through http://
www.regulations.gov or by e-mail information that you consider to be
CBI or otherwise protected. The http://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 http://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 http://www.epa.gov/
epahome/dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://
www.regulations.gov or in hard copy at the Regulatory Development
Section, Air Planning Branch, Air, Pesticides and Toxics Management
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Twunjala Bradley, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. Ms. Bradley may be
reached by phone at<PHONE_NUMBER> or via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is EPA taking?
II. What is the effect of this action?
III. What is the background for this action?
IV. What is EPA's analysis of the relevant air quality data?
V. Proposed Action
VI. Statutory and Executive Order Reviews

I. What action is EPA taking?

    EPA is proposing to determine that the Knoxville Area has attained
the 1997 8-hour ozone NAAQS. The Knoxville Area is comprised of
Anderson, Blount, Jefferson, Knox, Loudon and Sevier Counties in their
entireties and a portion of Cocke County (Great Smoky Mountains
National Park) in Tennessee. EPA's determination is based upon
complete, quality assured, quality controlled, and certified ambient
air monitoring data for the years 2007-2009 showing that the Knoxville
Area has monitored attainment of the 1997 8-hour ozone NAAQS.
Preliminary air quality monitoring data available for 2010 are
consistent with continued attainment. On March 12, 2008, EPA
promulgated a revised 8-hour ozone NAAQS (also known as the 2008 8-hour
ozone NAAQS). Subsequently, on January 19, 2010, EPA published a
proposed rule to reconsider the 2008 8-hour ozone NAAQS, and to
promulgate a revised (2010) 8-hour ozone NAAQS. Today's rulemaking does
not address requirements for, or future revisions to, the 2008 or
proposed 2010 8-hour ozone NAAQS.

II. What is the effect of this action?

    If this determination is made final, under the provisions of EPA's
ozone implementation rule (see 40 CFR 51.918), the requirements for the
State of Tennessee to submit an attainment demonstration and associated
RACM, RFP plan, contingency measures,\1\ and any other planning SIPs
related to attainment of the 1997 8-hour ozone NAAQS for the Knoxville
Area, shall be suspended for as long as the Area continues to meet the
1997 8-hour ozone NAAQS.
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    \1\ Contingency measures associated with a maintenance plan
(such as if the State opts to redesignate this Area to attainment
for the 1997 8-hour ozone NAAQS) would still be required.
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    On January 16, 2009 (74 FR 2936), EPA published a proposed
rulemaking to address, among other issues, the United States Court of
Appeals for the District of Columbia Circuit's (DC Circuit) vacatur of
the classification system that EPA used to designate a subset of
initial 1997 8-hour ozone nonattainment areas under title I, part D,
subpart 1 of the Clean Air Act (CAA). In that rulemaking, EPA proposed
that all areas designated nonattainment for the 1997 8-hour ozone NAAQS
under subpart 1 would be classified as subpart 2 areas (hereafter
referred to as the ``Subpart 1/Subpart 2 1997 8-Hour Ozone
Rulemaking''). The Knoxville Area is among those areas that would be
classified if EPA's proposal is finalized. EPA has not yet completed
its final rulemaking action for the Subpart 1/Subpart 2 1997 8-Hour
Ozone Rulemaking. When the Subpart 1/Subpart 2 1997 8-Hour Ozone
Rulemaking is finalized, and if the Knoxville Area continues in
attainment for the 1997 8-hour ozone NAAQS, EPA will address in a
future rulemaking the consequences of a determination of attainment for
any requirements to which the Knoxville Area becomes subject as a
result of its reclassification. If after the Knoxville Area is
classified under Subpart 2, EPA determines in a future rulemaking that
the Knoxville Area continues to be in attainment, then the obligation
to submit the pertinent attainment-related requirements for its new
classification would be suspended in accordance with 40 CFR 50.918.
    As further discussed below, the proposed determination (the subject
of this rulemaking) for the Knoxville Area would: (1) Suspend the
requirement to submit an attainment demonstration and associated RACM
(including reasonably available control technologies), RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the 1997 8-hour ozone NAAQS; (2) continue until such time, if any,
that EPA subsequently determines that the Knoxville Area has violated
the 1997 8-hour ozone NAAQS; (3) be separate from, and not influence or
otherwise affect, any future designation determination or

requirements for the Knoxville Area based on the revised or
reconsidered 2008 8-hour ozone NAAQS or the proposed 2010 ozone NAAQS;
and (4) remain in effect regardless of whether EPA designates the
Knoxville Area as a nonattainment area for purposes of the revised or
reconsidered 2008 8-hour ozone NAAQS or proposed 2010 8-hour ozone
NAAQS.\2\ Furthermore, as described below, a final clean data
determination is not equivalent to the redesignation of the Knoxville
Area to attainment for the 1997 8-hour ozone NAAQS.
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    \2\ As noted above, at this time the proposed determination of
attainment, if finalized, would suspend only those requirements
related to attainment that are currently applicable to the Knoxville
Area.
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    If this rulemaking is finalized and EPA subsequently determines,
after notice-and-comment rulemaking in the Federal Register, that the
Knoxville Area has violated the 1997 8-hour ozone NAAQS, the basis for
the suspension of the specific requirements, set forth at 40 CFR
51.918, would no longer exist, and the Knoxville Area would thereafter
have to address pertinent requirements.
    The determination that EPA proposes with this Federal Register
notice is not equivalent to a redesignation of the Knoxville Area to
attainment. Finalizing this proposed action would not constitute a
redesignation of the Area to attainment of the 1997 8-hour ozone NAAQS
under section 107(d)(3) of the CAA. Further, finalizing this proposed
action does not involve approving maintenance plans for this Area as
required under section 175A of the CAA, or would a determination that
the Area has met all other requirements for redesignation. The
designation status of the Knoxville Area would remain nonattainment for
the 1997 8-hour ozone NAAQS until such time as EPA determines that it
meets the CAA requirements for redesignation to attainment. The State
of Tennessee is currently working on a redesignation request and
maintenance plan to change the Knoxville Area's status from
nonattainment to attainment for the 1997 8-hour ozone NAAQS. EPA will
consider Tennessee's redesignation request and maintenance plan for the
Knoxville Area in a rulemaking separate from today's proposed action.
    This proposed action, if finalized, is limited to a determination
that the Knoxville Area has attained the 1997 8-hour ozone NAAQS. As
noted above, the 1997 8-hour ozone NAAQS became effective on July 18,
1997 (62 FR 38894), and are set forth at 40 CFR 50.10. On March 12,
2008, EPA promulgated revised 8-hour ozone NAAQS. Subsequently, on
January 19, 2010, EPA published a proposed rule to reconsider the 2008
8-hour ozone NAAQS (75 FR 2938) and to propose a revised 2010 NAAQS. In
view of these actions, EPA extended the deadline to make designation
determinations for the 2008 8-hour ozone NAAQS. EPA has not yet made
any designation determination for the Knoxville Area based on the
revised 2008 8-hour ozone or proposed 2010 ozone NAAQS. Today's
proposed determination for the Knoxville Area, and any final
determination, will have no effect on, and is not related to, any
future designation determination that EPA may make based on the revised
or reconsidered 2008 or proposed 2010 8-hour ozone NAAQS for the
Knoxville Area. Conversely, any future designation determination for
the Knoxville Area, based on the revised or reconsidered 2008 or 2010
proposed 8-hour ozone NAAQS, will not have any effect on the
determination proposed by this notice.
    If this proposed determination is made final and the Knoxville Area
continues to demonstrate attainment with the 1997 8-hour ozone NAAQS,
the obligation for the State of Tennessee to submit for the Knoxville
Area an attainment demonstration and associated RACM, RFP plan,
contingency measures, and any other planning SIPs related to attainment
of the 1997 8-hour ozone NAAQS will remain suspended regardless of
whether EPA designates the Knoxville Area as a nonattainment area for
purposes of the revised or reconsidered 2008 or proposed 2010 8-hour
ozone NAAQS. Once the Knoxville Area is designated for the revised or
reconsidered 2008 or proposed 2010 NAAQS, it will have to meet all
applicable requirements for that designation.

III. What is the background for this action?

    On July 18, 1997 (62 FR 38894), EPA promulgated a revised 8-hour
ozone standard of 0.08 parts per million (ppm) for both the primary and
secondary standards. These standards are more stringent than the
previous 1-hour ozone standards. Under EPA regulations at 40 CFR part
50, the 8-hour ozone NAAQS is attained when the 3-year average of the
annual fourth-highest daily maximum 8-hour average ambient air quality
ozone concentrations is less than or equal to 0.08 ppm (i.e., 0.084 ppm
when rounding is considered). Ambient air quality monitoring data for
the 3-year period must meet a data completeness requirement. The
ambient air quality monitoring data completeness requirement is met
when the average percent of days with valid ambient monitoring data is
greater than 90 percent, and no single year has less than 75 percent
data completeness as determined in Appendix I of part 50. Specifically,
section 2.3 of 40 CFR part 50, Appendix I, ``Comparisons with the
Primary and Secondary Ozone Standards'' states:
    ``The primary and secondary ozone ambient air quality standards are
met at an ambient air quality monitoring site when the 3-year average
of the annual fourth-highest daily maximum 8-hour average ozone
concentration is less than or equal to 0.08 ppm. The number of
significant figures in the level of the standard dictates the rounding
convention for comparing the computed 3-year average annual fourth-
highest daily maximum 8-hour average ozone concentration with the level
of the standard. The third decimal place of the computed value is
rounded, with values equal to or greater than 5 rounding up. Thus, a
computed 3-year average ozone concentration of 0.085 ppm is the
smallest value that is greater than 0.08 ppm.''
    On April 30, 2004 (69 FR 23857), EPA published its air quality
designations and classifications for the 1997 8-hour ozone NAAQS based
upon air quality monitoring data from those monitors for calendar years
2001-2003 (84 FR 23858). These designations became effective on June
15, 2004. The Knoxville Area is comprised of a portion of Cocke County
(Great Smoky Mountains National Park), and the entire counties of
Anderson, Blount, Jefferson, Knox, Loudon and Sevier; and was
designated nonattainment for the 1997 8-hour ozone NAAQS (see 40 CFR
part 81).
    On February 19, 2010, the State of Tennessee, through TDEC,
submitted a request to EPA to make a determination that the Knoxville
Area has attained the 1997 8-hour ozone NAAQS based on complete,
quality assured, quality controlled monitoring data from 2007 through
2009.

IV. What is EPA's analysis of the relevant air quality data?

    EPA has reviewed the three most recent years of complete,
certified, quality assured and quality controlled ambient air
monitoring data for the 1997 8-hour ozone NAAQS, consistent with the
requirements contained in 40 CFR part 50, as recorded in the EPA Air
Quality System (AQS) database for the Knoxville Area. Based on that
review, EPA has concluded that the Knoxville Area attained the 1997 8-
hour ozone NAAQS during the 2007-2009 monitoring period. Under EPA

regulations at 40 CFR 50.10, the 1997 8-hour primary and secondary
ozone ambient air quality standards are met at an ambient air quality
monitoring site when the three-year average of the annual fourth-
highest daily maximum 8-hour average concentration is less than or
equal to 0.08 ppm, as determined in accordance with appendix I of 40
CFR part 50.
    Table 1 shows the design values (the metrics calculated in
accordance with 40 CFR part 50, appendix I, for determining compliance
with the NAAQS) for the 1997 8-hour ozone NAAQS for the Knoxville Area
monitors for the years 2007-2009.

                   Table 1--Design Values for Counties in the Knoxville, Tennessee Nonattainment Area for the 1997 8-hour Ozone NAAQS
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                                                                                2007-2009
                    Location                                   AQS site ID                  2007 (ppm)      2008 (ppm)      2009 (ppm)     design value
                                                                                (ppm)
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Anderson County................................  Freels Bend Study Area (470010101-1)...           0.080           0.073           0.065           0.072
Blount County..................................  Look Rock, GSMNP (470090101-1).........           0.088           0.082           0.069           0.079
                                                 Cades Cove, GSMNP (470090102-1)........           0.074           0.071           0.062           0.069
Jefferson County...............................  1188 Lost Creek Road (470890002-1).....           0.085           0.075           0.068           0.076
Knox County....................................  9315 Rutledge Pike (470930021-1))......           0.087           0.079           0.066           0.077
                                                 4625 Mildred Drive (470931020-1).......           0.092           0.086           0.068           0.082
Loudon County..................................  130 Webb Drive (471050109-1)...........           0.088           0.077           0.067           0.077
Sevier County..................................  Cove Mountain, GSMNP (471550101-1).....           0.088           0.079           0.070           0.079
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    EPA's review of these data indicates that the Knoxville Area has
met and continues to meet the 1997 8-hour ozone NAAQS. Preliminary air
quality monitoring data available for 2010 also continue to demonstrate
attainment. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.

V. Proposed Action

    EPA is proposing to determine that the Knoxville, Tennessee, 1997
8-hour nonattainment area has attained the 1997 8-hour ozone NAAQS
based on 2007-2009 complete, quality-assured, quality-controlled and
certified monitoring data. As provided in 40 CFR 51.918, if EPA
finalizes this determination, it would suspend the requirements for the
State of Tennessee to submit, for the Knoxville Area, an attainment
demonstration and associated RACM, RFP plan, contingency measures, and
any other planning SIPs related to attainment of the 1997 8-hour ozone
NAAQS as long as the Area continues to attain the 1997 8-hour ozone
NAAQS.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission or state request that complies with the provisions of the
Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR
52.02(a). Thus, in reviewing SIP submissions or state request, EPA's
role is to approve state choices, provided that they meet the criteria
of the CAA. Accordingly, this proposed action merely approves state law
as meeting Federal requirements and does not impose additional
requirements beyond those imposed by state law. For that reason, this
proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this action does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the impacted area is not in Indian country located in the
state, and EPA notes that it will not impose substantial direct costs
on tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Volatile
organic compounds.

    Dated: July 23, 2010.
Beverly H. Banister,
Acting Regional Administrator, Region 4.
[FR Doc. 2010-19052 Filed 8-2-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 9, 2010 (Volume 75, Number 152)]
[Rules and Regulations]
[Page 47715-47717]
[DOCID:fr09au10-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0208]
RIN 1625-AA00

Safety Zone; Kanawha River Mile 56.7 to 57.6, Charleston, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the waters of the Kanawha River beginning at mile 56.7 (C&O Railroad)
and ending at mile 57.6 (Interstate Route 64 Bridge), extending the
entire width of the river. This safety zone is needed to protect
persons and vessels from the potential safety hazards associated with
the Toyota Governor's Cup Jet Ski Race. Entry into this zone is
prohibited unless specifically authorized by the Captain of the Port
Ohio Valley or a designated representative.

DATES: This rule is effective from 12 p.m. on August 20, 2010, to 5:30
p.m. on August 22, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2010-0208 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0208 in the
``Keyword'' box, and then clicking ``Search.'' They are 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 Petty Officer Sean Lewis, Marine Safety
Unit Huntington Coast Guard; telephone<PHONE_NUMBER> extension 2135, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing a NPRM would be
impracticable given the short period of time before the race. Immediate
action is needed to protect the race participants, vessels, and
mariners from the hazards associated with this race. Under 5 U.S.C.
553(d)(3), the Coast Guard finds that good cause exists for making this
rule effective less than 30 days after publication in the Federal
Register because waiting 30 days would be impracticable, as immediate
action is needed to protect the race participants, vessels, and
mariners from the hazards associated with this race.

Basis and Purpose

    The Upstate Watercraft Promotions, Inc. is sponsoring a jet ski
race from 12 p.m. to 6 p.m. on August 20, 2010 and from 6 a.m. to 5:30
p.m. on the dates of August 21 and 22, 2010. This race will be held on
the Kanawha River in Charleston, WV at mile 57.6-57.6. The Coast guard
believes a safety zone is necessary because a hazardous situation could
exist for vessels, mariners and spectators in the vicinity of the jet
ski race. A safety zone is needed to protect those vessels, mariners
and spectators from the hazards associated with this race.

Discussion of Rule

    The Captain of the Port Ohio Valley is establishing a temporary
safety zone for the waters of the Kanawha River beginning at mile 56.7
(C&O Railroad) and ending at mile 57.6 (Interstate Route 64 Bridge).
The term ``participating vessel'' includes all vessels registered with
the jet ski race event officials to work in the event. With the
exception of participating vessels and those mariners operating
participating vessels, all vessels and persons are prohibited from
transiting within this safety zone unless authorized by the Captain of
the Port Ohio Valley or a designated representative. The Captain of the
Port Ohio Valley may be contacted on VHF-

FM Channels 13 or 16, or by telephone at<PHONE_NUMBER>. This rule will
be enforced from 12 p.m. to 6 p.m. on August 20, 2010, and from 6 a.m.
to 5:30 p.m. on the dates of August 21 and 22, 2010. The Captain of the
Port Ohio Valley will inform the public through broadcast notice to
mariners of the enforcement period for the safety zone.

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. This rule is not a significant regulatory
action because of the following reasons: (a) It does not affect the
economy over the upper limit given in section 3(f)(1) of Executive
Order 12866. (b) It does not create any inconsistencies nor interferes
with any action or planned actions taken by other agencies. (c) It will
not materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof. (d) It will not raise novel legal or policy issues arising out
of legal mandates, the President's priorities, or the principles set
forth in this Executive order.

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 may be
small entities: the owners or operators of vessels intending to transit
the Kanawha River beginning at mile marker 56.7 and ending at mile
marker 57.6 from 12 p.m. to 6 p.m. on August 20, 2010, and from 6 a.m.
to 5:30 p.m. on the dates of August 21 and 22, 2010. This safety zone
will not have a significant economic impact on a substantial number of
small entities for the following reasons. The sponsor of the event has
worked closely with users of the river to provide awareness and gain
their support of this event. The event sponsor took similar measures
during the 2009 inaugural event and was successful at minimizing any
burden on users of the river. Although, the safety zone will apply to
the entire width of the river, traffic will be allowed to pass through
the zone with the permission of the Coast Guard patrol commander.
Finally, before the effective period, we will issue maritime advisories
widely available to users of the river.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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.

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.

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.

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.

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.

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
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 regulations establishing,
disestablishing, or changing Regulated navigation areas and security or
safety zones. The rule fits this category because the Coast Guard is
establishing a safety zone from mile 56.7 to 57.6 on the Kanawha River.
    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
recordkeeping 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(g), 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.T08-0208 is added to read as follows:

Sec.  165.T08-0208   Safety Zone; Kanawha River Mile 56.7 to Mile 57.6
Charleston, WV.

    (a) Location. The waters of the Kanawha River beginning at mile
56.7 (C&O Railroad) and ending at mile 57.6 (Interstate Route 64
Bridge), extending the entire width of the river.
    (b) Enforcement periods. This section of this rule will be enforced
from 12 p.m. to 6 p.m. on August 20, 2010, and from 6 a.m. to 5:30 p.m.
on the dates of August 21 and 22, 2010.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Ohio Valley.
    (2) Persons or vessels requiring entry into or passage through this
zone must request permission from the Captain of the Port Ohio Valley,
or a designated representative. They may be contacted on VHF-FM
Channels 13 or 16, or by telephone at<PHONE_NUMBER>.
    (3) All persons and vessels shall comply with the instructions of
the Captain of the Port Ohio Valley and designated on-scene U.S. Coast
Guard patrol personnel.
    (4) On-scene U.S. Coast Guard patrol personnel include
commissioned, warrant, and petty officers of the U.S. Coast Guard.

    Dated: July 21, 2010.
A.E. Tucci,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Ohio
Valley.
[FR Doc. 2010-19520 Filed 8-6-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 87, Number 13 (Thursday, January 20, 2022)]
[Notices]
[Page 3107]
[FR Doc No: 2022-01082]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9434-01-OMS]

Report on Environmental Protection Agency Federal Financial
Assistance Infrastructure Programs Subject to the Build America, Buy
America Act Provisions of the Infrastructure Investment and Jobs Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is publishing a
report on EPA Federal financial assistance infrastructure programs
subject to the Build America, Buy America Act Provisions of the
Infrastructure Investment and Jobs Act (EPA BABAA Report). This report
is available at https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build and will be
updated as additional information becomes available. Members of the
public who are unable to access the EPA BABAA Report at https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build may request a copy of the most
current version of the report from EPA's Information Contact identified
below.

DATES: The EPA BABAA Report will be available to the public on January
21, 2022.

FOR FURTHER INFORMATION CONTACT: EPA's National Policy Training and
Compliance Division (Attention: Suzanne Hersh) at
[email protected] or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Consistent with the policy direction of
Executive Order 14005: Ensuring the Future is Made in All of America By
All of America's Workers, Title IX of Infrastructure Investment and
Jobs Act (IIJA): Build America, Buy America Act (BABAA) imposes new,
government-wide domestic content procurement preference requirements on
all federally-funded infrastructure projects--whether or not funded
through IIJA. Section 70913(a) of IIJA requires each agency covered by
BABAA to submit a report to the Office of Management and Budget (OMB)
and Congress that will be published in the Federal Register. As
provided in section 70913(b) of IIJA this report must:
    (1) Identify all domestic content procurement preferences
applicable to EPA's Federal financial assistance programs for
infrastructure.
    (2) Assess the applicability of domestic content procurement
preference requirements in certain specified statutes of which section
603 of the Federal Water Pollution Control Act (33 U.S.C. 1388),
section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(4)) and section 5035 of the Water Infrastructure Finance and
Innovation Act of 2014 (33 U.S.C. 3914) are applicable to EPA.
    (3) Assess the applicability of any other domestic content
procurement preference requirement included in an appropriations Act or
other Federal laws (including regulations) to an EPA Federal financial
assistance program for infrastructure.
    (4) Provide details on any domestic content procurement preference
requirement applicable to an EPA Federal financial assistance program
for infrastructure, including the purpose, scope, applicability, and
any exceptions and waivers issued under the requirement.
    (5) Include a description of the type of infrastructure projects
that receive funding under the program, including information relating
to--
    (A) the number of entities that are participating in the program;
    (B) the amount of Federal funds that are made available for the
program for each fiscal year; and
    (C) any other information EPA's Administrator determines to be
relevant.
    Section 70913(c) of IIJA requires that the report include a list of
``Deficient Programs'' which identifies EPA's financial assistance
programs for infrastructure (as defined in section 70912(5) of IIJA)
for which a domestic content procurement preference requirement does
not apply in a manner consistent with section 70914 of IIJA or is
subject to a waiver of general applicability not limited to the use of
specific products for use in a specific project. Section 70914
generally requires that all the iron, steel, manufactured products, and
construction materials used in projects receiving EPA financial
assistance for infrastructure be produced in the United States unless
EPA provides a waiver of the requirement or application of the
requirement would be inconsistent with the United States' obligations
under international agreements.
    The EPA BABA Report available at https://www.epa.gov/grants/epas-identification-federal-financial-assistance-infrastructure-programs-subject-build meets the requirements of section 70913 but will be
updated as additional information becomes available.

Lynnann Hitchens,
Acting Principal Deputy Assistant Administrator, Office of Mission
Support.
[FR Doc. 2022-01082 Filed 1-19-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Rules and Regulations]
[Pages 48718-48722]
[FR Doc No: 2011-20093]

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0688]
RIN 1625-AA00

Safety Zones; August Fireworks Displays and Swim Events in the
Captain of the Port New York Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing four temporary safety zones
for marine events within the Coast Guard Captain of the Port (COTP) New
York Zone for fireworks displays and swim events. This action is
necessary to provide for the safety of life on navigable waters during
the events. Entry into, transit through, mooring or anchoring within
these zones is prohibited unless authorized by the COTP New York.

DATES: This rule is effective in the CFR on August 9, 2011 to 11:59
p.m. August 27, 2011. This rule is effective with actual notice for
purpose of enforcement beginning at 12 p.m. August 6, 2011 to 11:59
p.m. August 27, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0688 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0688 in the
``Keyword'' box, and then clicking ``Search.'' They are 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 LT Eunice James, Coast Guard Sector New
York Waterways Management Division;<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because any delay encountered in this
regulation's effective date by publishing a NPRM would be contrary to
public interest, since immediate action is needed to provide for the
safety of life and property on navigable waters from the hazards
associated with fireworks including unexpected detonation and burning
debris; also immediate action is needed to provide for the safety of
life and property on navigable waters from the hazards associated with
swimmers in the water in or near navigable channels. We spoke with each
event sponsor and each indicated they were unable and unwilling to move
their event date to a later time. Sponsors for the Ocean Breeze Fishing
Pier Fireworks Display stated they are unwilling to reschedule this
event because it is being held in conjunction with a prescheduled
concert sponsored by the Staten Island Borough President's Office.
Changing the date would cause numerous cancelations and hurt small
businesses. Rescheduling would not be

a viable option because the event venue, venders, and artists have
fully booked summer schedules making rescheduling nearly impossible.
Sponsors for the Annual Newburgh to Beacon Swim, Swim Across America,
and the Rose Pintoff Centennial Swim stated they are unwilling to
reschedule these events because the dates of each swim event were
chosen based on optimal tide, current, and weather conditions needed to
promote the safety of swim participants. In addition, any change to the
dates of the events would cause economic hardship on the marine event
sponsors, negatively impacting other activities being held in
conjunction with these events, potentially cause numerous event
participant cancellations, and create unsafe event conditions.
    Additionally, due to the dangers posed by the pyrotechnics used in
fireworks displays and the hazards associated with swim events, the
safety zones are necessary to provide for the safety of event
participants, spectator crafts, and other vessels operating near the
event areas. For the safety concerns noted, it is in the public
interest to have this regulation in effect during these events.
    These fireworks displays and swim events are all reoccurring marine
events with a proposed permanent rule currently in a public comment
period under docket number USCG-2010-1001 titled, Special Local
Regulations and Safety Zones; Recurring Events in Captain of the Port
New York Zone. Additionally, the Coast Guard has ordered safety zones
or special local regulations for all of these areas for past events and
has not received public comments or concerns regarding establishment of
waterways restrictions.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The rule must become effective on
the dates specified in Table 1 and Table 2 in order to provide for the
safety of the public including spectators and vessels operating in the
area near these events. Delaying the effective date of this rule until
after 30 days have elapsed after publication is impractical and would
expose spectators, vessels, and other property to the hazards
associated with these marine events.

Basis and Purpose

    The legal basis for the temporary rule is 33 U.S.C. 1226, 1231, 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; Public Law 107-295,
116 Stat. 2064; and Department of Homeland Security Delegation No.
0170.1, which collectively authorize the Coast Guard to define safety
zones.
    The fireworks display and swim events are being held during the
month of August on the navigable waters within the COTP New York Zone.
In the past, the Coast Guard has established safety zones for these
events on a case by case basis to ensure the protection of the maritime
public and event participants from the hazards associated with these
events. The Coast Guard has not received public comments or concerns
regarding the impact to waterway traffic from these events.
    This temporary final rule will apprise the public in a timely
manner through publication in the Federal Register.
    These events pose significant risk to participants, spectators and
the maritime public because of hazardous conditions associated with
fireworks displays and swim events. These temporary safety zones are
necessary to ensure the safety of participants, spectators and vessels.

Discussion of Rule

    This rule establishes temporary safety zones on the waters of the
COTP New York zone. These temporary safety zones will encompass various
locations, listed in Table 1 and Table 2 below.
    All persons and vessels shall comply with the instructions of the
COTP New York or the designated on-scene representative. Entry into,
transiting, or anchoring within the temporary safety zones are
prohibited unless authorized by the COTP New York, or the designated
representative. The COTP New York or the designated representative may
be reached on VHF Channel 16.
    Because large numbers of spectator vessels are expected to
congregate around the location of these events, the regulated areas are
needed to protect both spectators and participants from the safety
hazards created by fireworks displays and swimmers in the water. During
the enforcement period of the regulated areas, persons and vessels are
prohibited from entering, transiting through, remaining, anchoring or
mooring within the zone unless specifically authorized by the COTP or
the designated representatives. The Coast Guard may be assisted by
other federal, state and local agencies in the enforcement of these
regulated areas.
    The Coast Guard determined that these regulated areas will not have
a significant impact on vessel traffic due to their temporary nature
and limited size and the fact that vessels are allowed to transit the
navigable waters outside of the regulated areas. Additionally, the
Coast Guard has ordered safety zones for all of these four areas for
past events and has not received public comments or concerns regarding
the impact to waterway traffic from events.
    Advanced public notifications will also be made to the local
maritime community by the Local Notice to Mariners as well as Broadcast
Notice to Mariners.

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.

Executive Order 12866 and Executive Order 13563

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, as supplemented by Executive Order 13563,
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.
    The Coast Guard's implementation of these temporary safety zones
will be of short duration and designed to minimize the impact to vessel
traffic on the navigable waters. These safety zones will only be
enforced for a short duration. Furthermore, vessels may be authorized
to transit the zones with permission of the COTP New York or the
designated on-scene representative.

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 may be
small entities: the owners and operators of vessels intending to
transit or anchor in a portion of the navigable waterway in the
vicinity of these marine events during the effective period.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons: Vessel
traffic can

safely transit around these safety zones or through the zones with
permission of the COTP New York or the designated on-scene
representative. Before the effective period, we will issue maritime
advisories widely available to users of the waterway. This rule will be
in effect for a short duration at various times from August 06, 2011
until August 27, 2011.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can 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.

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 expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

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.

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.

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.

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
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 which 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
temporary safety zones. 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
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

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; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0688 to read as follows:

Sec.  165.T01-0688  Safety Zones; August Fireworks Displays and Swim
Events in the Captain of the Port New York Zone.

    (a) Regulations. The general regulations contained in 33 CFR 165.23
as well as the following regulations apply to the fireworks displays
and swim events listed in Table 1 and Table 2 of Sec.  165.T01-0688.
These regulations

will be enforced for the duration of each event. Notifications of exact
dates and times of the enforcement period will be made to the local
maritime community through the Local Notice to Mariners, and Broadcast
Notice to Mariners. First Coast Guard District Local Notice to Mariners
can be found at http://www.navcen.uscg.gov/.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the COTP, Sector New York to act
on his or her behalf. The designated representative may be on an
official patrol vessel or may be on shore and will communicate with
vessels via VHF-FM radio or loudhailer. In addition, members of the
Coast Guard Auxiliary may be present to inform vessel operators of this
regulation.
    (2) Official patrol vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (c) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the designated representative
via VHF channel 16 or<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.
    (d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated on-scene representative.
    (e) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (f) The COTP or the designated representative may delay or
terminate any marine event in this subpart at any time it is deemed
necessary to ensure the safety of life or property.
    (g) The regulated area for all fireworks displays listed in Table 1
is that area of navigable waters within a 360 yard radius of the launch
platform or launch site for each fireworks display, unless otherwise
noted in Table 1 or modified in USCG First District Local Notice to
Mariners at: http://www.navcen.uscg.gov/.
    (h) Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``Fireworks--Stay Away''. This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background. Shore sites used in these locations will display a
sign labeled ``Fireworks--Stay Away'' with the same dimensions.

                     Table 1 of Sec.   165.T01-0688
------------------------------------------------------------------------

------------------------------------------------------------------------
1.0                                 New York Harbor
------------------------------------------------------------------------
1.1           Ocean Breeze Fishing      Date: August 26, 2011.
               Pier, Staten Island      Rain Date: August 27,
               Safety Zone.             2011.
                                        Time: 8:30 p.m. to 10
                                        p.m.
                                        Launch site: A barge
                                        located in approximate position
                                        40[deg]34'46.3'' N
                                        074[deg]04'02.0'' W (NAD 1983),
                                        approximately 1150 yards west of
                                        Hoffman Island. This Safety Zone
                                        is a 360-yard radius from the
                                        barge.
------------------------------------------------------------------------

                     Table 2 of Sec.   165.T01-0688
------------------------------------------------------------------------

------------------------------------------------------------------------
1.0                            Western Long Island Sound
------------------------------------------------------------------------
1.1           Swim Across America....   Date: August 13, 2011.
                                        Rain Date: NA.
                                        Time: 6 a.m. to 11 a.m.
                                        Location site:
                                        Participants will swim from
                                        Larchmont, New York to Glen
                                        Cove, New York.
                                        This Safety Zone
                                        includes all waters within a 100-
                                        yard radius of each
                                        participating swimmer.
------------------------------------------------------------------------
2.0                                  Hudson River
------------------------------------------------------------------------
2.1           Newburgh Beacon Swim...   Date: August 6, 2011.
                                        Rain Date: August 7,
                                        2011.
                                        Time: 1 p.m. to 3 p.m.
                                        Rain Date Time: 2 p.m.
                                        to 4 p.m.
                                        Location site:
                                        Participants will cross the
                                        Hudson River between Newburgh
                                        and Beacon, New York
                                        approximately 1300 yards south
                                        of the Newburgh-Beacon Bridge.
                                        This Safety Zone
                                        includes all waters within a 100-
                                        yard radius of each
                                        participating swimmer.
------------------------------------------------------------------------
2.2           Rose Pitonof Swim......   Date: August 13, 2011.
                                        Rain Date: NA.
                                        Time: 8 a.m. to 8 p.m.
                                        Location: Participants
                                        will swim between Manhattan, New
                                        York and the shore of Coney
                                        Island, New York transiting
                                        through the Upper New York Bay,
                                        under the Verrazano-Narrows
                                        Bridge and south in the Lower
                                        New York Bay. The route
                                        direction is determined by the
                                        predicted tide state and
                                        direction of current on the
                                        scheduled day of the event.

                                        This Safety Zone
                                        includes all waters within a 100-
                                        yard radius of each
                                        participating swimmer.
------------------------------------------------------------------------

    Dated: July 25, 2011.
G.P. Hitchen,
Captain, U.S. Coast Guard, Captain of the Port New York (Acting).
[FR Doc. 2011-20093 Filed 8-8-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 217 (Wednesday, November 9, 2011)]
[Notices]
[Pages 69796-69797]
[FR Doc No: 2011-29061]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. DOT-NHTSA-2011-0158, Notice 1]

Notice of Receipt of Petition for Decision That Nonconforming
2002 Jaguar XJ8 Passenger Cars Manufactured for Sale in the Kuwaiti
Market Are Eligible for Importation

AGENCY: National Highway Traffic Safety Administration, DOT.

ACTION: Notice of receipt of petition.

-----------------------------------------------------------------------

SUMMARY: This document announces receipt by the National Highway
Traffic Safety Administration (NHTSA) of a petition for a decision that
2002 Jaguar XJ8 passenger cars manufactured for sale in the Kuwaiti
market (nonconforming 2002 Kuwaiti Jaguar XJ8 passenger cars) that were
not originally manufactured to comply with all applicable Federal Motor
Vehicle Safety Standards (FMVSS), are eligible for importation into the
United States because they are substantially similar to vehicles that
were originally manufactured for sale in the United States and that
were certified by their manufacturer as complying with the safety
standards (the U.S.-certified version of the 2002 Jaguar XJ8 passenger
cars) and they are capable of being readily altered to conform to the
standards.

DATE: The closing date for comments on the petition is December 9,
2011.

ADDRESSES: Comments should refer to the docket and notice numbers above
and be submitted by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Mail: Docket Management Facility: U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
    Instructions: Comments must be written in the English language, and
be no greater than 15 pages in length, although there is no limit to
the length of necessary attachments to the comments. If comments are
submitted in hard copy form, please ensure that two copies are
provided. If you wish to receive confirmation that your comments were
received, please enclose a stamped, self-addressed postcard with the
comments. Note that all comments received will be posted without change
to http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
    Privacy Act: Anyone is able to search the electronic form of all
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 DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    How to Read Comments submitted to the Docket: You may read the
comments received by Docket Management at the address and times given
above. You may also view the documents from the Internet at http://www.regulations.gov. Follow the online instructions for accessing the
dockets. The docket ID number and title of this notice are shown at the
heading of this document notice. Please note that even after the
comment closing date, we will continue to file relevant information in
the Docket as it becomes available. Further, some people may submit
late comments. Accordingly, we recommend that you periodically search
the Docket for new material.

FOR FURTHER INFORMATION CONTACT: George Stevens, Office of Vehicle
Safety Compliance, NHTSA<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not
originally manufactured to conform to all applicable FMVSS shall be
refused admission into the United States unless NHTSA has decided that
the motor vehicle is substantially similar to a motor vehicle
originally manufactured for importation into and sale in the United
States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being
readily altered to conform to all applicable FMVSS.
    Petitions for eligibility decisions may be submitted by either
manufacturers or importers who have registered with NHTSA pursuant to
49 CFR Part 592. As specified in 49 CFR 593.7, NHTSA publishes notice
in the Federal Register of each petition that it receives, and affords
interested persons an opportunity to comment on the petition. At the
close of the comment period, NHTSA decides, on the basis of the
petition and any comments that it has received, whether the vehicle is
eligible for importation. The agency then publishes this decision in
the Federal Register.
    J.K. Technologies, LLC (``JK''), of Baltimore, Maryland (Registered
Importer 90-006) has petitioned NHTSA to decide whether nonconforming
2002 Kuwaiti Jaguar XJ8 passenger cars are eligible for importation
into the United States. The vehicles which JK believes are
substantially similar are 2002 Jaguar XJ8 passenger cars that were
manufactured for sale in the United States and certified by their
manufacturer as conforming to all applicable FMVSS.
    The petitioner claims that it compared non-U.S. certified 2002
Kuwaiti Jaguar XJ8 passenger cars to their U.S.-certified

counterparts, and found the vehicles to be substantially similar with
respect to compliance with most FMVSS.
    JK submitted information with its petition intended to demonstrate
that non-U.S. certified 2002 Kuwaiti Jaguar XJ8 passenger cars as
originally manufactured, conform to many FMVSS in the same manner as
their U.S. certified counterparts, or are capable of being readily
altered to conform to those standards.
    Specifically, the petitioner claims that non-U.S. certified 2002
Kuwaiti Jaguar XJ8 passenger cars are identical to their U.S. certified
counterparts with respect to compliance with Standard Nos. 102
Transmission Shift Lever Sequence, Starter Interlock, and Transmission
Braking Effect, 103 Windshield Defrosting and Defogging Systems, 104
Windshield Wiping and Washing Systems, 106 Brake Hoses, 109 New
Pneumatic Tires, 111 Rearview Mirrors, 113 Hood Latch System, 116 Motor
Vehicle Brake Fluids, 118 Power-Operated Window, Partition, and Roof
Panel Systems, 124 Accelerator Control Systems, 135 Light Vehicle Brake
Systems, 201 Occupant Protection in Interior Impact, 202 Head
Restraints, 204 Steering Control Rearward Displacement, 205 Glazing
Materials, 206 Door Locks and Door Retention Components, 207 Seating
Systems, 209 Seat Belt Assemblies, 210 Seat Belt Assembly Anchorages,
212 Windshield Mounting, 214 Side Impact Protection, 216 Roof Crush
Resistance, 219 Windshield Zone Intrusion, 225 Child Restraint
Anchorage Systems, 301 Fuel System Integrity, 302 Flammability of
Interior Materials, and 401 Interior Trunk Release.
    The petitioner also contends that the vehicles are capable of being
readily altered to meet the following standards, in the manner
indicated:
    Standard No. 101 Controls Telltales, and Indicators: installation
of U.S. conforming instrument cluster and cruise control lever, and
installation or activation of associated U.S.-version software in the
vehicle's computer system.
    Standard No. 108 Lamps, Reflective Devices and Associated
Equipment: installation of the following U.S.-model components on
vehicles not already so equipped: (a) Front side marker lamps with
integral side reflex reflectors; (b) headlamps; (c) integral tail lamp
housings that includes rear side marker, rear turn signal, and brake
lamps, as well as rear and side reflex reflectors.
    Standard No. 110 Tire Selection and Rims for Motor Vehicles with a
GVWR of 4,536 kilograms (10,000 pounds) or Less: installation of a tire
information placard.
    Standard No. 114 Theft Protection: installation of a supplemental
key warning buzzer, or installation or activation of U.S.-version
software to meet the requirements of this standard.
    Standard No. 208 Occupant Crash Protection: inspection of all
vehicles and replacement of any non U.S.-conforming model seat belts,
air bag control units, air bags, and sensors with U.S.-model components
on vehicles that are not already so equipped; and (b) installation or
activation of U.S.-version software to ensure that the seat belt
warning system meets the requirements of this standard.
    The petitioner additionally states that a vehicle identification
plate must be affixed to the vehicles near the left windshield post to
meet the requirements of 49 CFR Part 565.
    All comments received before the close of business on the closing
date indicated above will be considered, and will be available for
examination in the docket at the above addresses both before and after
that date. To the extent possible, comments filed after the closing
date will also be considered. Notice of final action on the petition
will be published in the Federal Register pursuant to the authority
indicated below.

    Authority: 49 U.S.C. 30141(a)(1)(A) and (b)(1); 49 CFR 593.8;
delegations of authority at 49 CFR 1.50 and 501.8.

    Issued on: November 3, 2011.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2011-29061 Filed 11-8-11; 8:45 am]
BILLING CODE 4910-59-P