[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Proposed Rules]
[Pages 42817-42818]
[FR Doc No: 2018-18418]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 85 and 86

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

49 CFR Parts 523, 531, 533, 536, and 537

[NHTSA-2018-0067; EPA-HQ-OAR-2018-0283; FRL-9981-74-OAR]
RIN 2127-AL76; RIN 2060-AU09

The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for
Model Years 2021-2026 Passenger Cars and Light Trucks

AGENCY: National Highway Traffic Safety Administration (NHTSA) and
Environmental Protection Agency (EPA).

ACTION: Announcement of public hearings.

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SUMMARY: EPA and NHTSA are announcing public hearings to be held for
the joint proposed ``Safer Affordable Fuel-Efficient (SAFE) Vehicles
Rule for Model Years 2021-2026 Passenger Cars and Light Trucks,'' (SAFE
Vehicles Rule) issued on August 2, 2018. NHTSA will also accept comment
on NHTSA's Draft Environmental Impact Statement (Draft EIS), available
on NHTSA's website at www.nhtsa.gov/corporate-average-fuel-economy/safe. Three hearings will be held, on September 24, September 25, and
September 26, 2018. The agencies will assume that all oral comments
presented at the hearing are addressed to the joint proposed rules
only, unless speakers specifically reference NHTSA's Draft EIS in oral
or written testimony.

DATES: NHTSA and EPA will jointly hold three public hearings on the
following dates: September 24, 2018 in Fresno, California; September
25, 2018 in Dearborn, Michigan; and September 26, 2018 in Pittsburgh,
Pennsylvania. The hearings will start at 10 a.m. local time and
continue until 5:00 p.m. or until everyone has had a chance to speak.
If you would like to present oral testimony at one of these public
hearings, please contact the person identified under FOR FURTHER
INFORMATION CONTACT, at least ten days before the hearing.

ADDRESSES: The September 24, 2018 hearing will be held at the The Grand
1401, 1401 Fulton Street, Fresno, California 93721. The September 25,
2018 hearing will be held at the Dearborn Inn, 20301 Oakwood Boulevard,
Dearborn, Michigan 48124. The September 26, 2018 hearing will be held
at the DoubleTree by Hilton Hotel & Suites Pittsburgh Downtown, One
Bigelow Square, Pittsburgh, Pennsylvania 15219. The hearings will be
held at sites accessible to individuals with disabilities.

FOR FURTHER INFORMATION CONTACT: If you would like to present oral
testimony at a public hearing, please contact Kil-Jae Hong at NHTSA by
the date specified under DATES, at [email protected]. Please provide
the following information: Name, affiliation, address, email address,
telephone and fax numbers (if applicable), time you wish to speak
(morning, afternoon) if there is a preference, and whether you require
accommodations such as a sign language interpreter or translator.
    Questions concerning the proposed rules should be addressed to
NHTSA: James Tamm, Office of Rulemaking, National Highway Traffic
Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590.
Telephone:<PHONE_NUMBER>. EPA: Chris Lieske, Office of Transportation
and Air Quality, Assessment and Standards Division (ASD), Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address: [email protected]. You may learn more about the
proposal by visiting NHTSA's or EPA's web pages at http://www.nhtsa.gov/corporate-average-fuel-economy/safe or https://www.epa.gov/regulations-emissions-vehicles-and-engines/safer-and-affordable-fuel-efficient-vehicles-proposed, or by searching the public
dockets (NHTSA-2018-0067 (for the proposed rule) or NHTSA-2017-0069
(for the Draft EIS); EPA-HQ-OAR-2018-0283) at www.regulations.gov.

SUPPLEMENTARY INFORMATION: The purpose of the public hearings is to
provide the public an opportunity to present oral comments regarding
NHTSA and EPA's proposals for the SAFE Vehicles Rule. These hearings
also offer an opportunity for the public to provide oral comments
regarding NHTSA's Draft EIS, accompanying the proposed NHTSA fuel
economy standards. The agencies will assume that all oral comments
presented at the hearing are addressed to the joint proposed rules
only, unless speakers specifically reference NHTSA's Draft EIS in oral
or written testimony.
    The SAFE Vehicles Rule, if finalized, would amend certain existing
Corporate Average Fuel Economy (CAFE) and tailpipe carbon dioxide
emissions standards for passenger cars and light trucks and establish
new standards, all covering model years 2021 through 2026. More
specifically, NHTSA is proposing new CAFE standards for model years
2022 through 2026 and amending its 2021 model year CAFE standards
because they are no longer maximum feasible standards, and EPA is
proposing to amend its carbon dioxide emissions standards for model
years 2021 through 2025 because they are no longer appropriate and
reasonable in addition to establishing new standards for model year
2026. The preferred alternative is to retain the model year 2020
standards (specifically, the footprint target curves for passenger cars
and light trucks) for both programs through model year 2026, but
comment is sought on a range of alternatives discussed throughout this
document. Compared to maintaining the post-2020 standards set forth in
2012, current estimates indicate that the proposed SAFE Vehicles Rule
would save over 500 billion dollars in societal costs and reduce
highway fatalities by 12,700 lives (over the lifetimes of vehicles
through MY 2029). U.S. fuel consumption would increase by about half a
million barrels per day (2-3 percent of total daily consumption,
according to the Energy Information Administration), emissions would
increase by 7,400 million metric tons of carbon dioxide by 2100, and
would impact the global climate by 3/1000th of one degree Celsius by
2100, also when compared to the standards set forth in 2012.
    The proposal for which EPA and NHTSA are holding the public
hearings was signed on August 2, 2018 and the pre-publication version
is available at the web pages listed above under FOR FURTHER
INFORMATION CONTACT and, also in the rulemaking dockets. NHTSA's Draft
Environmental Impact Statement is available on NHTSA's web page and in
NHTSA's docket for the EIS, both referenced above. We expect the
official proposal to be published in the Federal Register soon. Please
note that the pre-publication version of the proposal specified that
the agencies would hold three public hearings in Washington DC, Detroit
Michigan, and Los Angeles California, with details to be announced in a
forthcoming Federal Register notice. The agencies have decided instead
to hold three public hearings, in Fresno California, Dearborn,
Michigan, and Pittsburgh Pennsylvania, as specified above in this
notice. Once NHTSA and EPA learn how many people have registered to
speak at each

public hearing, we will allocate an appropriate amount of time to each
participant, allowing time for necessary breaks. In addition, we will
reserve a block of time for anyone else in the audience who wishes to
give an oral presentation. For planning purposes, each speaker should
anticipate speaking for approximately five minutes. We request that you
bring three copies of your statement or other material for the EPA and
NHTSA panels. To accommodate as many speakers as possible, we prefer
that speakers not use technological aids (e.g., audio-visuals, computer
slideshows). However, if you wish to do so, you must notify the contact
persons in the FOR FURTHER INFORMATION CONTACT section above. You also
must make arrangements to provide your presentation or any other aids
to NHTSA and EPA in advance of the hearing in order to facilitate set-
up.
    NHTSA and EPA will conduct the hearings informally, and technical
rules of evidence will not apply. We will arrange for a written
transcript of each hearing and keep the official record of each hearing
open for 30 days to allow speakers to submit supplementary information
to the dockets listed above. Panel members may ask clarifying questions
during the oral presentations, but will not respond to the
presentations at that time. You may make arrangements for copies of the
transcripts directly with the court reporter.
    Written statements and supporting information submitted during the
comment period will be considered with the same weight as oral comments
and supporting information presented at the public hearings. To be
assured of consideration, written comments on the proposal must be
received by the date indicated in the Federal Register once the
document publishes. Written comments on NHTSA's Draft EIS must be
received or uploaded to NHTSA's docket for the EIS by September 24,
2018.

Raymond R. Posten,
Associate Administrator for Rulemaking, National Highway Traffic Safety
Administration.
Amanda Gunasekara,
Principal Deputy Assistant Administrator for Air and Radiation,
Environmental Protection Agency.
[FR Doc. 2018-18418 Filed 8-23-18; 8:45 am]
 BILLING CODE 4910-59-P


This action is not a "significant energy action" because it is not likely to have a significant adverse effect on the supply, distribution or use of energy.  Further, we have concluded that this action is not likely to have any adverse energy effects because the proposed endangerment and cause or contribute findings under section 231 do not in-and-of themselves impose any new requirements but rather set forth the Administrator's proposed determination that GHG emissions from certain classes of aircraft engines -- those used in  U.S. covered aircraft --  cause or contribute to air pollution that may be reasonably anticipated to endanger public health and welfare.
National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards.
Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
The EPA believes this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations because this action does not affect the level of protection provided to human health or the environment.  The Administrator considered climate change risks to minority,  low-income, and indigenous populations as part of this proposed endangerment finding under CAA section 231.  This action's discussion of climate change impacts on public health and welfare is found in section IV of the preamble. Specific discussion with regard to minority, low-income, and indigenous populations are found in sections IV and I.E of this preamble titled "Environmental Justice."  A copy of all documents pertaining to the impacts on these communities from climate change have been placed in the public docket for this action.
 Determination Under Section 307(d)
Section 307(d)(1)(V) of the CAA provides that the provisions of section 307(d) apply to "such other actions as the administrator may determine."  Pursuant to section 307(d)(1)(V), the Administrator determines that this action is subject to the provisions of section 307(d).
Statutory Provisions and Legal Authority
Statutory authority for this action comes from 42 U.S.C. sections 7571,7601 and 7607.

Dated:  _______________________________

 - _____________________________________
Gina McCarthy,
Administrator


[Federal Register Volume 76, Number 46 (Wednesday, March 9, 2011)]
[Notices]
[Page 12957]
[FR Doc No: 2011-5324]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL11-24-000]

SunZia Transmission, LLC; Notice of Petition for Declaratory
Order

    Take notice that on February 23, 2011, pursuant to Rule 207(a)(2)
of the Rules of Practice and Procedure of the Federal Energy Regulatory
Commission (Commission), 18 CFR 385.207(a)(2) (2010), SunZia
Transmission, LLC (SunZia) filed a revised petition for declaratory
order requesting that the Commission find that: (i) Tucson Electric
Power Company (TEP), SouthWestern Power Group (SWPG), ECP SunZia, LLC
(ECP SunZia), and Shell WindEnergy Inc. (SWE) (collectively SunZia
Owners) each owns that portion of the SunZia Southwest Transmission
Project (Project) equal to its pro rata share of investment in the
Project,\1\ (ii) SWPG, ECP SunZia, and SWE may allocate up to 50
percent of their pro rata shares of the Project to anchor customers
through long-term firm negotiated rate contracts,\2\ and (iii)
electrical interconnection or transmission requests with respect to the
Project are premature prior to the Project attaining sufficient
maturity as to its permitting, licensing, determination of the final
alignment, and determination of the resulting estimated costs.
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    \1\ In addition to the SunZia Owners, Salt River Project
Agricultural Improvement and Power District (SRP) and Tri-State
Generation and Transmission Association, Inc. (TSGT) are sponsors of
the Project. Neither SRP nor TSGT is a ``public utility'' within the
meaning of section 201(e) of the Federal Power Act.
    \2\ The remaining sponsors of the Project, SRP, TSGT, and TEP--
all existing load-serving entities with existing transmission
systems--plan to incorporate their pro rata shares of the Project
into their transmission systems and provide service pursuant to
their respective open access transmission tariffs (OATTs). As non-
public utilities, SRP and TSGT are not required to file their OATTs
with the Commission.
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    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Thursday, March 17, 2011.

    Dated: March 3, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-5324 Filed 3-8-11; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64193-64194]
[FR Doc No: 2021-25081]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 5261-023]

Green Mountain Power Corporation; Notice of Application Accepted
for Filing and Soliciting Motions To Intervene and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: Subsequent Minor License.
    b. Project No.: 5261-023.
    c. Date filed: August 27, 2021.
    d. Applicant: Green Mountain Power Corporation.
    e. Name of Project: Newbury Hydroelectric Project.
    f. Location: On the Wells River, in the town of Newbury, Orange
County, Vermont. The project does not occupy any federal land.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: John Greenan, Green Mountain Power
Corporation, 2152 Post Road, Rutland, VT 05701; Phone at (802) 770-
2195, or email at [email protected].
    i. FERC Contact: Adam Peer at<PHONE_NUMBER>, or
[email protected].
    j. Deadline for filing motions to intervene and protests: 60 days
from the issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
using the Commission's eFiling system at https://ferconline.ferc.gov/FERCOnline.aspx. For assistance, please contact FERC Online Support at
[email protected],<PHONE_NUMBER> (toll free), or (202) 502-
8659 (TTY).
    In lieu of electronic filing, you may submit a paper copy.
Submissions sent via the U.S. Postal Service must be addressed to:
Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888
First Street NE, Room 1A, Washington, DC 20426. Submissions sent via
any other carrier must be addressed to: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 12225 Wilkins Avenue, Rockville,
Maryland 20852. All filings must clearly identify the project name and
docket number on the first page: Newbury Hydroelectric Project (P-5261-
023).
    The Commission's Rules of Practice require all intervenors filing
documents with the Commission to serve a copy of that document on each
person on the official service list for the project. Further, if an
intervenor files comments or documents with the Commission relating to
the merits of an issue that may affect the responsibilities of a
particular resource agency, they must also serve a copy of the document
on that resource agency.
    k. This application has been accepted, but is not ready for
environmental analysis at this time.
    l. The Newbury Project consists of: (1) An 11.4-acre impoundment at
a normal water surface elevation of 463.9 feet mean sea level; (2) a 26
foot-high by 90-foot-long concrete gravity dam that includes a 73.3-
foot-long spillway topped with 5-foot-high pneumatic crest gates; (3) a
seasonally installed, 8-foot-long by 4-foot-wide steel sluice box on
the south side of the spillway to provide downstream fish passage; (4)
an 11.2-foot-wide, 9-foot-long intake structure with trash racks,
connected to a 5-foot-diameter, 435-foot-long underground steel
penstock; (5) a powerhouse containing a single 315-kilowatt turbine-
generator unit; (6) a second 50-kilowatt turbine-generator unit located
outside of the powerhouse approximately 75-feet downstream of the dam
along the bypassed reach; (7) a 125-foot-long tailrace; (8) three 150-
foot-long generator leads that create a 480 Volt, 3 phase 150-foot-long
underground transmission line connected to three pole mounted 167
kilovolt-ampere step-up transformers; and (9) appurtenant facilities.
The project creates a 590-foot-long bypassed reach of the Wells River.
    The current license requires Green Mountain Power Corporation to:
(1) Operate the project in run-of-river mode; (2) release a continuous
bypassed reach minimum flow of 50 cubic feet per second (cfs) from
April 15 to June 10 and 25 cfs during the remainder of the year; and
(3) release a year-round, continuous aesthetic flow of 5 cfs over the
dam. The average annual generation of the project is approximately 882
megawatt-hours.
    Green Mountain Power Corporation proposes to: (1) Continue
operating the project in run-of-river mode; (2) release new bypassed
reach minimum flows of 35 cfs from May 15 to October 15 and 30 cfs from
October 16 to May 14; (3) release a new aesthetic flow of 10 cfs over
the dam from May 15 to October 15 during daytime hours and no aesthetic
flow the remainder of the year; and (4) construct a hand-carry access
area at the head of the project impoundment for recreational boaters.
    m. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC Online
Support at [email protected] or call toll-free, (886) 208-
3676 or TTY,<PHONE_NUMBER>.
    You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances
related to this or other pending projects. For assistance, contact FERC
Online Support.
    n. Anyone may submit a protest or a motion to intervene in
accordance with the requirements of Rules of Practice and Procedure, 18
CFR 385.210, 385.211, and 385.214. In determining the appropriate
action to take, the Commission will consider all protests filed, but
only those who file a motion to intervene in accordance with the
Commission's Rules may become a party to the proceeding. Any protests
or motions to intervene must be received on or before the specified
deadline date for the particular application.
    All filings must (1) bear in all capital letters the title
``PROTEST'' or ``MOTION TO INTERVENE;'' (2) set forth in the heading
the name of the applicant and the project number of the application to
which the filing responds; (3) furnish the name, address, and telephone
number of the person protesting or intervening; and (4) otherwise
comply with the requirements of 18 CFR 385.2001 through 385.2005.
Agencies may obtain copies of the application directly from the
applicant. A copy of any protest or motion to intervene must be served
upon each representative of the applicant specified in the particular
application.
    o. Procedural schedule: The application will be processed according
to the following schedule. Revisions to

the schedule will be made as appropriate.

Issue Scoping Document 1 for comments--December 2021
Request Additional Information (if necessary)--February 2021
Issue Scoping Document 2--March 2021
Issue Notice of Ready for Environmental Analysis--March 2021

    Dated: November 10, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-25081 Filed 11-16-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 169 (Friday, August 30, 2013)]
[Rules and Regulations]
[Pages 53677-53680]
[FR Doc No: 2013-21177]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-0697]
RIN 1625-AA00

Safety Zone; Battle of Lake Erie Fireworks, Lake Erie, Put-In-
Bay, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing temporary safety zone in the
waters of Lake Erie, Put-In-Bay, Ohio. This zone is intended to
restrict vessels from a portion of Lake Erie during the Battle of Lake
Erie Fireworks.

This temporary safety zone is necessary to protect people and vessels
from the hazards associated with this event.

DATES: This rule will be effective and enforced from 9:25 p.m. until
10:05 p.m. on September 1, 2013.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0697 and are available online
by going to www.regulations.gov, inserting USCG-2013-0697 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 final rule, contact or email MST1 Ian M. Fallon, U.S. Coast
Guard Marine Safety Unit Toledo, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Barbara Hairston, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and 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 doing so would be impracticable and
contrary to the public interest. The details of this emergent event
were not received in sufficient time for the Coast Guard to solicit
public comments before the start of the fireworks. Thus, waiting for a
notice and comment period to run would inhibit the Coast Guard from
protecting the public and vessels from the hazards associated with the
maritime fireworks displays.
    Under 5 U.S.C. 553(d)(3), The Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    To commemorate the War of 1812, a series of events will be held
along the Great Lakes during the summer of 2013. One such event will be
the reenactment of the Battle of Lake Erie. This reenactment will take
place on September 2, 2013 and will be preceded by the launching of
fireworks in the vicinity of Put-In-Bay, OH on September 1, 2013. The
Captain of the Port Detroit has determined that maritime fireworks
displays pose serious hazards to the boating public, such as
obstructions to the waterway, explosive dangers, and debris falling
into the water. Thus, pursuant to 33 U.S.C. 1226, the Captain of the
Port Detroit has determined that a safety zone around the location of
the launch platform is necessary to control vessel movement and ensure
the safety of persons and property on the water in the vicinity of Put-
In-Bay, OH.

C. Discussion of Rule

    Because of the aforementioned safety concerns, the Captain of the
Port Detroit has determined a temporary safety zone is necessary to
ensure the safety of spectators and vessels during the setup, loading,
and launching of the Battle of Lake Erie Fireworks. The Battle of Lake
Erie Fireworks safety zone will encompass those U.S. navigable waters
of Lake Erie within a 1000-ft radius of the fireworks primary launch
site located at position 41[deg]39'28.92'' N, 082[deg]48'52.98'' W (NAD
83).
    Entry into, transiting, or anchoring within this safety zone is
prohibited unless authorized by the Captain of the Port Detroit or his
designated on-scene representative. The Captain of the Port or his on-
scene representative may be contacted via VHF Channel 16. All persons
and vessels shall comply with the instructions of the Coast Guard
Captain of the Port or the on-scene representative.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

 1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Order 12866 or under
section 1 of Executive Order 13563. The Office of Management and Budget
has not reviewed it under those Orders. It is not ``significant'' under
the regulatory policies and procedures of the Department of Homeland
Security (DHS). We conclude that this rule is not a significant
regulatory action because we anticipate that it will have minimal
impact on the economy, will not interfere with other agencies, will not
adversely alter the budget of any grant or loan recipients, and will
not raise any novel legal or policy issues. The safety zone created by
this rule will be relatively small and enforced for relatively short
time on each day of the fireworks event. Also, the safety zone is
designed to minimize their impact on navigable waters. Furthermore,
restrictions on vessel movement within the area of the safety zone
expected to be minimal. Under certain conditions, vessels may still
transit through the safety zone when permitted by the Captain of the
Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in designated portions of Lake Erie from 9:25 p.m.
through 10:05 p.m. on September 1, 2013.
    The safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: the
safety zone will be activated, and thus subject to enforcement, for
only a short period of time on September 1, 2013. Traffic may be
allowed to pass through the zone with the permission of the Captain of
the Port. The Captain of the Port can be reached via VHF channel 16.
Before the activation of the zone, the Coast Guard

will issue a Broadcast Notice to Mariners.

3. 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 rule. 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 the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    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.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. 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 determined
that 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 involves the establishment of a temporary safety
zone that is less than one week in duration. Therefore, it is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. Nonetheless, we have prepared
an environmental analysis checklist supporting this determination and
Categorical Exclusion Determination which are both available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and record
keeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard 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. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0697 to read as follows:

Sec.  165.T09-0697  Safety zone; Battle of Lake Erie Fireworks, Put-In-
Bay, OH.

    (a) Location. The following area is a safety zone: all waters of
Lake Erie within a 1000-foot radius of the fireworks launch site
located at position 41[deg]39'28.92'' N, 082[deg]48'52.98'' W (NAD 83).
There will be a barge at the center of the safety zone that will be
utilized as the fireworks launching platform.
    (b) Effective and enforcement period. The section will be effective
and enforced from 9:25 p.m. until 10:05 p.m. on September 1, 2013.
    (c) Regulations. (1) Under the general regulations in Sec.  165.23,
entry into, transiting, or anchoring within these safety zone is
prohibited unless authorized by the Captain of the Port, Sector Detroit
or his designated on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port,

Sector Detroit or his designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Detroit is any Coast Guard commissioned, warrant or petty
officer or a Federal, State, or local law enforcement officer
designated by or assisting the Captain of the Port, Sector Detroit to
act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Detroit or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Sector Detroit or his on-scene representative may be contacted
via VHF Channel 16 or at<PHONE_NUMBER>. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port, Sector Detroit, or
his on-scene representative.

    Dated: August 15, 2013.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2013-21177 Filed 8-29-13; 8:45 am]
BILLING CODE 9110-04-P