[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Proposed Rules]
[Pages 19018-19022]
[FR Doc No: 2011-8116]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

Docket ID FEMA-2011-0002
[Internal Agency Docket No. FEMA-B-1179]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1% annual-chance)
Flood Elevations (BFEs) and proposed BFE modifications for the
communities listed in the table below. The purpose of this proposed
rule is to seek general information and comment regarding the proposed
regulatory flood elevations for the reach described by the downstream
and upstream locations in the table below. The BFEs and modified BFEs
are a part of the floodplain management measures that the community is
required either to adopt or to show evidence of having in effect in
order to qualify or remain qualified for participation in the National
Flood Insurance Program (NFIP). In addition, these elevations, once
finalized, will be used by insurance agents and others to calculate
appropriate flood insurance premium rates for new buildings and the
contents in those buildings.

DATES: Comments are to be submitted on or before July 5, 2011.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each community is available for
inspection at the community's map repository. The respective addresses
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1179, to
Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance
and Mitigation Administration, Federal Emergency Management Agency, 500
C Street, SW., Washington, DC 20472,<PHONE_NUMBER>, or (e-mail)
<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>, or (e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) proposes to make determinations of BFEs and modified BFEs for
each community listed below, in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR
67.4(a).
    These proposed BFEs and modified BFEs, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. These proposed elevations
are used to meet the floodplain management requirements of the NFIP and
also are used to calculate the appropriate flood insurance premium
rates for new buildings built after these elevations are made final,
and for the contents in those buildings.
    Comments on any aspect of the Flood Insurance Study and FIRM, other
than the proposed BFEs, will be considered. A letter acknowledging
receipt of any comments will not be sent.

National Environmental Policy Act. This proposed rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.

Regulatory Flexibility Act. As flood elevation determinations are not
within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a
regulatory flexibility analysis is not required.
Executive Order 12866, Regulatory Planning and Review. This proposed
rule is not a significant regulatory action under the criteria of
section 3(f) of Executive Order 12866, as amended.
Executive Order 13132, Federalism. This proposed rule involves no
policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This proposed rule meets
the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting
and recordkeeping requirements.

    Accordingly, 44 CFR part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.

Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are
proposed to be amended as follows:

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                                                                  *Elevation in feet
                                                                 (NGVD)  +Elevation in
                                                                 feet  (NAVD)  Depth in feet  above
         Flooding source(s)            Location of referenced       ground  [caret]        Communities affected
                                            elevation **          Elevation in meters
                                                                         (MSL)
                                                              --------------------------
                                                                Effective     Modified
----------------------------------------------------------------------------------------------------------------
                                Larimer County, Colorado, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Boxelder Creek Overflow Downstream..  Approximately 914 feet         +4935        +4933  Unincorporated Areas of
                                       downstream of Highway                              Larimer County.
                                       14.
----------------------------------------------------------------------------------------------------------------

                                      Approximately 0.6 mile         +4949        +4947
                                       upstream of Highway 14.
Boxelder Creek Overflow West........  Approximately 235 feet         +4927        +4928  Unincorporated Areas of
                                       downstream of I-25                                 Larimer County.
                                       Frontage Road.
                                      Approximately 185 feet          None        +4933
                                       downstream of Mulberry
                                       Street.
Business Park Denrose...............  Approximately 135 feet         +4933        +4932  Unincorporated Areas of
                                       upstream of Denrose                                Larimer County.
                                       Court.
                                      Approximately 360 feet         +4933        +4934
                                       upstream of Denrose
                                       Court.
Business Park Middle................  Approximately 550 feet         +4929        +4930  Unincorporated Areas of
                                       downstream of Denrose                              Larimer County.
                                       Court.
                                      Approximately 75 feet          +4933        +4931
                                       downstream of Denrose
                                       Court.
Business Park South.................  Approximately 140 feet         +4933        +4931  Unincorporated Areas of
                                       downstream of Denrose                              Larimer County.
                                       Court.
                                      At the downstream side         +4933        +4934
                                       of Denrose Court.
Business Park West..................  Approximately 260 feet         +4929        +4930  Unincorporated Areas of
                                       downstream of Denrose                              Larimer County.
                                       Court.
                                      At the upstream side of        +4933        +4932
                                       Denrose Court.
Cache La Poudre L Path..............  Approximately 350 feet         +4890        +4886  City of Fort Collins,
                                       downstream of Prospect                             Unincorporated Areas
                                       Road.                                              of Larimer County.
                                      Approximately 440 feet         +4912        +4910
                                       downstream of
                                       Timberline Road.
Cache La Poudre Lowflow Channel.....  Approximately 450 feet         +4881        +4882  City of Fort Collins.
                                       downstream of County
                                       Road 9.
                                      Approximately 300 feet         +4882        +4883
                                       downstream of County
                                       Road 9.
Cache La Poudre River...............  Approximately 800 feet         +4882        +4883  City of Fort Collins.
                                       downstream of County
                                       Road 9.
                                      Approximately 680 feet         +4897        +4898
                                       downstream of Prospect
                                       Road.
Shields Street Divided Flow Path--    From the Spring Creek          +5001        +5000  City of Fort Collins.
 Windtrail Swale (backwater effects    confluence to
 from Spring Creek).                   approximately 600 feet
                                       upstream of the Spring
                                       Creek confluence.
Shields Street Overflow.............  Approximately 190 feet         +5019        +5020  City of Fort Collins.
                                       downstream of Hill
                                       Pond Road.
                                      Approximately 360 feet         +5025        +5024
                                       upstream of Hill Pond
                                       Road.
Spring Canyon Park Diversion........  At the upstream side of        +5114        +5122  City of Fort Collins.
                                       Spring Canyon Park
                                       Weir.
                                      Approximately 1,450            +5124        +5125
                                       feet upstream of
                                       Spring Canyon Park
                                       Weir.
Spring Creek........................  Approximately 970 feet         +4906        +4904  City of Fort Collins,
                                       downstream of Prospect                             Unincorporated Areas
                                       Road.                                              of Larimer County.
                                      Approximately 0.7 mile         +5168        +5167
                                       upstream of Spring
                                       Canyon Park Pedestrian
                                       Trail.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Fort Collins

Maps are available for inspection at the Stormwater Utilities Department, 700 Wood Street, Fort Collins, CO
 80521.

                                     Unincorporated Areas of Larimer County

Maps are available for inspection at 200 West Oak Street, Fort Collins, CO 80521.
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                                 Washtenaw County, Michigan (All Jurisdictions)
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Huron River.........................  Approximately 620 feet          None         +718  Township of Superior.
                                       downstream of the
                                       railroad.

                                      Approximately 630 feet          None         +719
                                       upstream of Superior
                                       Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

Township of Superior

Maps are available for inspection at 3040 North Prospect Road, Ypsilanti, MI 49198.
----------------------------------------------------------------------------------------------------------------
                                 Bennington County, Vermont (All Jurisdictions)
----------------------------------------------------------------------------------------------------------------
Batten Kill.........................  Approximately 0.65 mile         +522         +524  Town of Arlington, Town
                                       downstream of River                                of Manchester, Town of
                                       Road.                                              Sunderland, Village of
                                                                                Manchester.
                                      Approximately 100 feet          +682         +683
                                       upstream of Union
                                       Street.
Furnace Brook.......................  Approximately 100 feet          +577         +578  Town of Bennington.
                                       downstream of Percy
                                       Road.
                                      Approximately 135 feet          +650         +648
                                       upstream of Park
                                       Street.
Hoosic River........................  At the Rensselaer               +500         +498  Town of Pownal.
                                       County, New York,
                                       boundary.
                                      At the Berkshire                +566         +567
                                       County, Massachusetts,
                                       boundary.
South Stream........................  At the downstream side          +621         +620  Town of Bennington.
                                       of Hunt Street.
                                      Approximately 0.5 mile          None         +753
                                       upstream of the Jewett
                                       Brook confluence.
Walloomsac River....................  Approximately 1,000             +551         +550  Town of Bennington.
                                       feet downstream of
                                       Murphy Road.
                                      Approximately 2,050             +580         +578
                                       feet downstream of
                                       Town Highway 32.
Walloomsac River....................  Approximately 90 feet           None         +542  Village of North
                                       upstream of River Road.                            Bennington.
                                      Approximately 0.53 mile         None         +546
                                       downstream of Murphy
                                       Road.
Warm Brook..........................  Approximately 1.28              +773         +772  Town of Arlington, Town
                                       miles upstream of Ubu                              of Shaftsbury.
                                       Lane.
                                      Approximately 2.54              None         +781
                                       miles upstream of Ubu
                                       Lane.
West Branch Batten Kill.............  Approximately 50 feet           +698         +699  Town of Manchester.
                                       upstream of Depot
                                       Street.
                                      Approximately 1.09              None         +775
                                       miles upstream of Rec
                                       Park Road.
Winhall River.......................  At the Windham County          +1250        +1249  Town of Winhall.
                                       boundary.
                                      Approximately 1,800             None        +1511
                                       feet upstream of
                                       Arthur Court.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
                                                    ADDRESSES

Town of Arlington

Maps are available for inspection at 3828 Vermont Route 7A, Arlington, VT 05250.

Town of Bennington

Maps are available for inspection at 205 South Street, Bennington, VT 05201.

Town of Manchester

Maps are available for inspection at 6039 Main Street, Manchester, VT 05255.

Town of Pownal

Maps are available for inspection at 467 Center Street, Pownal, VT 05261.

Town of Shaftsbury

Maps are available for inspection at 61 Buck Hill Road, Shaftsbury, VT 05262.

Town of Sunderland

Maps are available for inspection at 181 South Road, East Arlington, VT 05252.

Town of Winhall

Maps are available for inspection at 3 River Road, Bondville, VT 05340.

Village of Manchester

Maps are available for inspection at 45 Union Street, Manchester, VT 05254.

Village of North Bennington

Maps are available for inspection at the Bennington Train Depot, Main Street, North Bennington, VT 05257.
----------------------------------------------------------------------------------------------------------------
                                Lewis County, Washington, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Chehalis River......................  Approximately 0.84 mile         +150         +151  City of Centralia, City
                                       upstream of Prather                                of Chehalis,
                                       Road.                                              Unincorporated Areas
                                                                                of Lewis County.
                                      Approximately 0.7 mile          None         +324
                                       upstream of Elk Creek
                                       Road.
China Creek (backwater effects from   Approximately 220 feet          +176         +177  City of Centralia.
 Chehalis River).                      downstream of I-5.
                                      Approximately 80 feet           +176         +177
                                       downstream of Cedar
                                       Street.
China Creek (backwater effects from   Approximately 74 feet           +188         +190  City of Centralia.
 Skookumchuck River).                  upstream of North Gold
                                       Street.
                                      Approximately 1,335             +189         +190
                                       feet upstream of North
                                       Gold Street.
Coal Creek (backwater effects from    At the Salzer Creek             +179         +181  City of Chehalis.
 Salzer Creek).                        confluence.
                                      At the downstream side          +179         +181
                                       of National Avenue.
Coffee Creek (backwater effects from  At the Skookumchuck             +186         +187  City of Centralia,
 Skookumchuck River).                  River confluence.                                  Unincorporated Areas
                                                                                of Lewis County.
                                      At the upstream side of         +187         +191
                                       Reynolds Avenue.
Eagle Creek (backwater effects from   At the Lincoln Creek            None         +155  Unincorporated Areas of
 Lincoln Creek).                       confluence.                                        Lewis County.
                                      Approximately 2.3 miles         None         +155
                                       upstream of Lincoln
                                       Creek Road.
Elk Creek (backwater effects from     At the Chehalis River           +305         +317  Unincorporated Areas of
 Chehalis River).                      confluence.                                        Lewis County.
                                      Approximately 0.43 mile         +316         +317
                                       upstream of Elk Creek
                                       Road.
Hanaford Creek......................  At the Skookumchuck             +201         +202  Unincorporated Areas of
                                       River confluence.                                  Lewis County.
                                      Approximately 0.46 mile         None         +217
                                       upstream of the
                                       Packwood Creek
                                       confluence.
Lincoln Creek.......................  Approximately 722 feet          +154         +155  Unincorporated Areas of
                                       upstream of the                                    Lewis County.
                                       Chehalis River
                                       confluence.
                                      At the downstream side          None         +159
                                       of Teague Road.
Salzer Creek........................  At the Chehalis River           +179         +181  City of Centralia, City
                                       confluence.                                        of Chehalis,
                                                                                Unincorporated Areas
                                                                                of Lewis County.
                                      Approximately 0.32 mile         +190         +191
                                       upstream of Proffitt
                                       Road.
Skookumchuck River..................  At the upstream side of         +187         +191  City of Centralia,
                                       Reynolds Street.                                   Unincorporated Areas
                                                                                of Lewis County.
                                      Approximately 0.98 mile         +207         +212
                                       upstream of Downing
                                       Road.
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* National Geodetic Vertical Datum.
+ North American Vertical Datum.
 Depth in feet above ground.
[caret] Mean Sea Level, rounded to the nearest 0.1 meter.
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.

Send comments to Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation
 Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.

                                                    ADDRESSES

City of Centralia

Maps are available for inspection at 118 West Maple Street, Centralia, WA 98531.

City of Chehalis

Maps are available for inspection at 1321 South Market Boulevard, Chehalis, WA 98532.

                                      Unincorporated Areas of Lewis County

Maps are available for inspection at 351 Northwest North Street, Chehalis, WA 98532.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

    Dated: March 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8116 Filed 4-5-11; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Proposed Rules]
[Pages 33130-33132]
[FR Doc No: 2012-13519]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2012-0386]
RIN 1625-AA08

Special Local Regulation; Kelley's Island Swim, Lake Erie;
Kelley's Island, Lakeside, OH

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent Special
Local Regulation on Lake Erie, Lakeside, Ohio. This regulation is
intended to regulate vessel movement in portions of Lake Erie during
the annual Kelley's Island Swim. This special local regulated area is
necessary to protect swimmers from vessel traffic.

DATES: Comments and related materials must be received by the Coast
Guard on or before July 5, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0386 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email ENS Benjamin Nessia, Response Department, MSU
Toledo, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0386), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when the comment is successfully transmitted; a
comment submitted via fax, hand delivery, or mail, will be considered
as having been received by the Coast Guard when the comment is received
at the Docket Management Facility. We recommend that you include your
name and a mailing address, an email address, or a telephone number in
the body of your document so that we can contact you if we have
questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu, select
``Proposed Rule'' and insert ``USCG-2012-0386'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0386'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of

our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one using one of the four methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Basis and Purpose

    Each year an organized swimming event takes place in Lake Erie in
which individuals swim the four miles between Lakeside and Kelley's
Island, OH. The Captain of the Port Detroit has determined that
swimmers in close proximity to watercraft and in the shipping channel
pose extra and unusual hazards to public safety and property. Thus, the
Captain of the Port Detroit has determined that establishing a Special
Local Regulation around the location of the race's course will help
ensure the safety of persons and property at these events and help
minimize the associated risks.

Discussion of Proposed Rule

    To alleviate the extra and unusual hazards mentioned above, the
Captain of the Port Detroit has determined that it is necessary to
establish a Special Local Regulation. Accordingly, this proposed rule
is intended to permanently establish a Special Local Regulation that
coincides with the annual Kelley's Island Swim. The proposed Special
Local Regulation will only be enforced annually on a single day in the
second or third week in July from approximately 7:00 a.m. until 11:00
a.m. Due to the presence of swimmers in the water between Lakeside, OH
and Kelley's Island, OH, the Coast Guard proposes that all vessels
transiting the swim route shall proceed at a no-wake speed and maintain
extra vigilance for people in the water. In addition, it is proposed
that all vessels in the area yield right-of-way to swimmers and event
safety craft. On-scene representatives may direct vessels to transit
within or avoid certain areas during the race.
    This proposed Special Local Regulation will encompass all navigable
waters of the United States on Lake Erie, Lakeside OH, bound by a line
extending from a point on land at the Lakeside dock at positions
41[deg]32'51.96'' N; 082[deg]45'3.15'' W and 41[deg]32'52.21'' N;
082[deg]45'2.19'' W and a line extending to Kelley's Island dock to
positions 41[deg]35'24.59'' N; 082[deg]42'16.61'' W and
41[deg]35'24.44'' N; 082[deg]42'16.04'' W. The Captain of the Port will
notify the affected segments of the public of the enforcement of this
proposed Special Local Regulation by all appropriate means. Means of
notification will include an annual publication of a Notice of
Enforcement (NOE) in the Federal Register. Also, means of notification
may include Broadcast Notice to Mariners and Local Notice to Mariners.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order. It is not ``significant''
under the regulatory policies and procedures of the Department of
Homeland Security (DHS). We conclude that this proposed rule is not a
significant regulatory action because we anticipate that it will have
minimal impact on the economy, will not interfere with other agencies,
will not adversely alter the budget of any grant or loan recipients,
and will not raise any novel legal or policy issues. The proposed
Special Local Regulation will cover a relatively small area and exist
for a relatively short time, and vessels will still be permitted to
travel through the area, albeit with caution and reduced speed. Thus,
restrictions on vessel movement within that particular area are
expected to be minimal.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule will affect the following entities, some of
which might be small entities: the owners and operators of vessels
intending to transit or anchor in the portion Lake Erie, Lakeside, OH
discussed above during the date and time of enforcement in the second
or third week in July each year.
    This proposed Special Local Regulation will not have a significant
economic impact on a substantial number of small entities for the same
reasons discussed in above Regulatory Planning and Review section.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking process.
If this proposed rule would affect your small business, organization,
or governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact ENS Benjamin
Nessia, Response Department, MSU Toledo, Coast Guard; telephone (419)
418-6040, email<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and

have determined that it does not have implications for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
proposed rule elsewhere in this preamble.

Taking of Private Property

    This proposed 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 proposed rule will meet applicable standards in sections 3(a)
and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
will not create an environmental risk to health or risk to safety that
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it will not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves the establishment of a Special Local Regulation and is
therefore categorically excluded under figure 2-1, paragraph (34)(h),
of the Instruction. During the annual permitting process for this
swimming event an environmental analysis will be conducted to include
the effects of this proposed Special Local Regulation. Thus, no
preliminary environmental analysis checklist or Categorical Exclusion
Determination (CED) are required for this proposed rulemaking action.
We seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR Part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as
follows:

    Authority:  33 U.S.C. 1233.

    2. Add Sec.  100.921 Kelley's Island Swim, Lake Erie, Lakeside, OH.
    (a) Regulated Area. The regulated area includes all U.S. navigable
waters of Lake Erie, Lakeside, OH, bound by a line extending from a
point on land at the Lakeside dock at positions 41[deg]32'51.96'' N;
082[deg]45'3.15'' W and 41[deg]32'52.21'' N; 082[deg]45'2.19'' W and a
line extending to Kelley's Island dock to positions 41[deg]35'24.59''
N; 082[deg]42'16.61'' W and 41[deg]35'24.44'' N; 082[deg]42'16.04'' W.
(Datum: NAD 83).
    (b) Special Local Regulations. The regulations of Sec.  100.901
apply. Vessels transiting within the regulated area shall travel at a
no-wake speed and remain vigilant for swimmers. Additionally, vessels
shall yield right-of-way for event participants and event safety craft
and shall follow directions given by event representatives during the
event.
    (c) Enforcement Period. These Special Local Regulations will be
enforced annually on a single day in the second or third week in July
from 7:00 a.m. until 11:00 a.m. The precise date and times of
enforcement will be published annually in the Federal Register via a
Notice of Enforcement.

    Dated: May 18, 2012.
J.E. Ogden,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2012-13519 Filed 6-4-12; 8:45 am]
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[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Notices]
[Pages 61209-61210]
[FR Doc No: 2015-25844]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9935-23-OAR]

Acid Rain Program: Notice of Annual Adjustment Factors for Excess
Emissions Penalty

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of annual adjustment factors for excess emissions
penalty.

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

SUMMARY: The Acid Rain Program under title IV of the Clean Air Act
provides for automatic excess emissions penalties in dollars per ton of
excess emissions for sources that do not meet their annual Acid Rain
emissions limitations. This notice states the dollars per ton excess
emissions penalty amounts, which must be adjusted for each compliance
year commensurate with changes in the Consumer Price Index (CPI), for
compliance years 2015 and 2016.

FOR FURTHER INFORMATION CONTACT: Robert L. Miller, Clean Air Markets
Division (6204M), U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460, at<PHONE_NUMBER> or
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Acid Rain Program under title IV of the
Clean Air Act limits annual sulfur dioxide and nitrogen oxide emissions
of fossil fuel-fired utility units. Under the Acid Rain Program,
affected sources must hold enough allowances to cover their sulfur
dioxide emissions, and certain coal-fired sources must meet an emission
limit for nitrogen oxides. Under 40 CFR 77.6, sources that do not meet
these requirements must pay a penalty without demand to the
Administrator based on the number of excess tons emitted times $2,000
as adjusted by an annual adjustment factor, which must be published in
the Federal Register.
    The annual adjustment factor for adjusting the penalty for excess
emissions of sulfur dioxide and nitrogen oxides under 40 CFR part
77.6(b) for compliance year 2015 is 1.9089. This value is derived using
the CPI for 1990 and 2014 (defined respectively at 40 CFR 72.2 as the
CPI for August of the year before the specified year for all urban
consumers) and results in an automatic penalty of $3,818 per excess

ton of sulfur dioxide or nitrogen oxides emitted for 2015.
    The annual adjustment factor for adjusting the penalty for such
excess emissions under 40 CFR 77.6(b) for compliance year 2016 is
1.9126. This value is derived using the CPI for 1990 and 2015 and
results in an automatic penalty of $3,825 per excess ton of sulfur
dioxide or nitrogen oxides emitted for 2016.

    Dated: October 1, 2015.
Reid P. Harvey,
Director, Clean Air Markets Division, Office of Atmospheric Programs,
Office of Air and Radiation.
 [FR Doc. 2015-25844 Filed 10-8-15; 8:45 am]
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