[Federal Register: May 22, 2008 (Volume 73, Number 100)]
[Proposed Rules]
[Page 29725-29731]
[DOCID:fr22my08-17]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[USCG-2008-0218]
RIN 1625-AA00

Safety Zones: Annual Events Requiring Safety Zones in the Captain
of the Port Detroit Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes establishment of safety zones for
annual events in the Captain of the Port Detroit zone. This proposed
rule consolidates current regulations establishing safety zones for
annual fireworks events in the former Captain of the Port Toledo Zone
and the former Captain of the Port Detroit Zone. In addition, it adds
events not previously published in Coast Guard regulations. These
safety zones are necessary to protect spectators, participants, and
vessels from the hazards associated with fireworks displays or other
events.

DATES: Comments and related materials must reach the Coast Guard on or
before June 23, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0218 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) 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.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: LT Jeff Ahlgren, Waterways Management,
U.S. Coast Guard Sector Detroit, 110 Mount Elliot Ave., Detroit, MI
48207;<PHONE_NUMBER>.

I. 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. We have an agreement with the Department of Transportation
(DOT) to use the Docket Management Facility. Please see DOT's ``Privacy
Act'' paragraph below.

A. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0218), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document to ensure that you can be identified as the submitter. This
also allows us to contact you in the event further information is
needed or if there are questions. For example, if we cannot read your
submission due to technical difficulties and you cannot be contacted,
your submission may not be considered. You may submit your comments and
material by electronic means, mail, fax, or delivery to the Docket
Management Facility at the address under ADDRESSES; but please submit
your comments and material by only one means. If you submit them by
mail or 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 them 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. We may change this proposed rule in view of them.

B. 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 at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (USCG-2008-0218) in the Docket ID box, and click
enter. You may also visit the Docket Management Facility in Room W12-
140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

C. Privacy Act

    Anyone can 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 the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

SUPPLEMENTARY INFORMATION:

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for a meeting by writing to Commander, Coast Guard Sector
Detroit at the address under ADDRESSES explaining why one would be
beneficial. If we determine that one would aid this rulemaking, we will
hold one at a time and place announced by a later notice in the Federal
Register.

Background and Purpose

    In 2005, the Coast Guard consolidated the Captain of the Port
Toledo zone and the Captain of the Port Detroit zone into one zone re-
defining the Captain of the Port Detroit zone. This proposed rule will
consolidate the regulations found in 33 CFR 165.907, Safety Zones;
Annual Fireworks Events in the Captain of the Port Detroit Zone with
additional events not previously published in the CFR.
    These safety zones are necessary to protect vessels and people from
the hazards associated with fireworks displays or other events. Such
hazards include obstructions to the waterway that may cause marine
casualties and the explosive danger of fireworks and debris falling
into the water that may cause death or serious bodily harm.

Discussion of Proposed Rule

    The proposed rule and associated safety zones are necessary to
ensure the safety of vessels and people during annual firework events
in the Captain of the Port Detroit area of responsibility that may pose
a hazard to the public. This new section unites all the annual Firework
events in the recently consolidated COTP Detroit zone into one section
of the CFR. In addition, there are several events that are added and
some events that have been deleted in this new section.
    This proposed rule would add the following events to those already
occurring annually: (1) Roostertail Fireworks (land); (2) Roostertail
Fireworks (barge); (3) Celebrate America Fireworks; (4) Target
Fireworks; (5) Washington Township Summerfest Fireworks; (6) Au Gres
City Fireworks; (7) The Old Club Fireworks; (8) Alpena Fireworks; (9)
Put-In-Bay Fourth of July Fireworks; (10) Gatzeros Fireworks; (11)
Harrisville Fireworks; (12) Harbor Beach Fireworks; (13) Trenton Rotary
Roar on the River Fireworks; (14) Nautical Mile Venetian Festival
Fireworks; (15) Cheeseburger Festival Fireworks; (16) Detroit
International Jazz Festival Fireworks; (17) Marine City Maritime
Festival Fireworks; (18) Schoenith Family Foundation Fireworks; (19)
Toledo Country Club Memorial Celebration and Fireworks; (20) Luna Pier
Fireworks Show; (21) Toledo Country Club 4th of July Fireworks; (22)
Pharm Lights Up The Night Fireworks; (23) Perrysburg/Maumee 4th of July
Fireworks; (24) Lakeside July 4th Fireworks; (25) Catawba Island Club
Fireworks; (26) Red, White and Blues Bang Fireworks; (27) Huron
Riverfest Fireworks; (28) Kellys Island, Island Fest Fireworks; (29)
Riverfest at the International Docks; (30) Rossford Labor Day
Fireworks; (31) Lakeside Labor Day Fireworks; and (32) Catawba Island
Club Fireworks.
    The following events in the proposed rule already exist in the
current regulation and are only being reorganized in this proposed
rule: (33) Bay-Rama Fishfly Festival Fireworks; (34) Jefferson Beach
Marina Fireworks; (35) Sigma Gamma Association Fireworks; (36) Lake
Erie Metropark Fireworks; (37) City of St. Clair Fireworks; (38) Oscoda
Township Fireworks; (39) Port Austin Fireworks; (40) City of Wyandotte
Fireworks; (41) Grosse Point Farms Fireworks; (42) Caseville Fireworks;
(43) Algonac Pickerel Tournament Fireworks; (44) Port Sanilac
Fireworks; (45) St. Clair Shores Fireworks; (46) Port Huron 4th of July
Fireworks; (47) Grosse Point Yacht Club 4th of July Fireworks; (48)
Lexington Independence Festival Fireworks; (49) City of Ecorse Water
Festival Fireworks; (50) Grosse Isle Yacht Club Fireworks; (51) Trenton
Fireworks; (52) Belle Maer Harbor 4th of July Fireworks; (53) Tawas
City 4th of July Fireworks; and (54) Venetian Festival Boat Parade and
Fireworks.
    The proposed safety zones will be enforced only immediately before,
during, and after events that pose hazard to the public, and only upon
notice by the Captain of the Port.
    The Captain of the Port Detroit will notify the public that the
zones in this proposal are or will be enforced by all appropriate means
to the affected segments of the public including publication in the
Federal Register as practicable, in accordance with 33 CFR 165.7(a).
Such means of notification may also include, but are not limited to
Broadcast Notice to Mariners or Local Notice to Mariners. The Captain
of the

Port will issue a Broadcast Notice to Mariners notifying the public
when enforcement of the safety zone established by this section is
cancelled.
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated representative. Entry
into, transiting, or anchoring within the safety zone is prohibited
unless authorized by the Captain of the Port Detroit, or his designated
representative. The Captain of the Port or his designated
representative may be contacted via VHF Channel 16.

Regulatory Evaluation

    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.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    The Coast Guard's use of these safety zones will be periodic, of
short duration, and designed to minimize the impact on navigable
waters. These safety zones will only be enforced immediately before,
during, and after the time the events occur. Furthermore, these safety
zones have been designed to allow vessels to transit unrestricted to
portions of the waterways not affected by the safety zones. The Coast
Guard expects insignificant adverse impact to mariners from the
activation of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners of operators of vessels
intending to transit or anchor in the areas designated as safety zones
in subparagraphs (1) through (49) during the dates and times the safety
zones are being enforced.
    These safety zones would not have a significant economic impact on
a substantial number of small entities for the following reasons: This
proposed rule would be in effect for short periods of time, and only
once per year, per zone. The safety zones have been designed to allow
traffic to pass safely around the zone whenever possible and vessels
will be allowed to pass through the zones with the permission of the
Captain of the Port.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact LT Jeff Ahlgren,
Waterways Management, U.S. Coast Guard Sector Detroit, 110 Mount Elliot
Ave., Detroit, MI 48207;<PHONE_NUMBER>. 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 or more in any
one year. Though this proposed rule will not result in such
expenditure, we nevertheless discuss its effects elsewhere in this
preamble.

Taking of Private Property

    This proposed rule will not effect the taking of private property
or otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    The Coast Guard recognizes the treaty rights of Native American
Tribes. Moreover, the Coast Guard is committed to working with Tribal
Governments to implement local policies and to mitigate tribal
concerns. We have determined that these safety zones and fishing rights
protection need not be incompatible. We have also determined that this
proposed rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes. Nevertheless, Indian
Tribes that have questions concerning the provisions of this proposed
rule or options for compliance are encouraged to contact the point of
contact listed under FOR FURTHER INFORMATION CONTACT.

Energy Effects

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

Technical Standards

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

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides 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 not likely to
have a significant effect on the human environment. A preliminary
environmental analysis checklist supporting this preliminary
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Add Sec.  165.941 to read as follows:

Sec.  165.941  Safety Zones; Annual Fireworks Events in the Captain of
the Port Detroit Zone.

    (a) Safety Zones. The following areas are designated Safety zones:
    (1) Roostertail Fireworks (barge), Detroit, MI: (i) Location: All
waters of the Detroit River within a 300-foot radius of the fireworks
launch site located at position 42[deg]21'16.67'' N, 082[deg]58'20.41''
W. (NAD 83). This area is located between Detroit and Belle Isle near
the Roostertail restaurant.
    (ii) Expected date: One evening during the third week in July. The
exact dates and times for this event will be determined annually.
    (2) Washington Township Summerfest Fireworks, Toledo, OH: (i)
Location: All waters of the Ottawa River within a 600-foot radius of
the fireworks launch site located at position 41[deg]43'29'' N,
083[deg]28'47'' W (NAD 83). This area is located at the Fred C. Young
Bridge, Toledo, OH.
    (ii) Expected date: One evening during the last week in June or the
first week in July. The exact dates and times for this event will be
determined annually.
    (3) Au Gres City Fireworks, Au Gres, MI: (i) Location: All waters
of Saginaw Bay within a 700-foot radius of the fireworks launch site
located at position 44[deg]1.4' N, 083[deg]40.4' W (NAD 83). This area
is located at the end of the pier near the end of Riverside Drive in Au
Gres, MI.
    (ii) Expected date: One evening during the last week in June or the
first week in July. The exact dates and times for this event will be
determined annually.
    (4) The Old Club Fireworks, Harsens Island, MI: (i) Location: All
waters of Lake St. Clair within an 850-foot radius of the fireworks
launch site located at position 42[deg]32.4' N, 082[deg]40.1' W (NAD
83). This area is located near the southern end of Harsens Island, MI.
    (ii) Expected date: One evening during the last week in June or the
first week in July. The exact dates and times for this event will be
determined annually.
    (5) Alpena Fireworks, Alpena, MI: (i) Location: All waters of Lake
Huron within an 800-foot radius of the fireworks launch site located at
position 45[deg]2.7' N, 083[deg]26.8' W (NAD 83). This area is located
near the end of Mason Street, South of State Avenue, in Alpena, MI.
    (ii) Expected date: One evening during the last week of June or the
first week of July. The exact dates and times for this event will be
determined annually.
    (6) Put-In-Bay Fourth of July Fireworks, Put-In-Bay, OH: (i)
Location: All waters of Lake Erie within a 1000-foot radius of the
fireworks launch site located at position 41[deg]39.7' N, 082[deg]48.0'
W (NAD 83). This area is located in Put-In-Bay Harbor.
    (ii) Expected date: One evening during the first week of July. The
exact dates and times for this event will be determined annually.
    (7) Gatzeros Fireworks, Grosse Point Park, MI: (i) Location: All
waters of Lake St. Clair within a 300-foot radius of the fireworks
launch site located at position 42[deg]22.6' N, 082[deg]54.8' W (NAD
83). This area is located near Grosse Point Park, MI.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (8) Harrisville Fireworks, Harrisville, MI: (i) Location: All
waters of Lake Huron within a 450-foot radius of the fireworks launch
site located at position 44[deg]39.7' N, 083[deg]17.0' W (NAD 83). This
area is located at the end of the break wall at the Harrisville harbor
in Harrisville, MI.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (9) Harbor Beach Fireworks, Harbor Beach, MI: (i) Location: All
waters of Lake Huron within a 700-foot radius of the fireworks launch
site located at position 4[deg]50.8' N, 082[deg]38.6' W (NAD 83). This
area is located at the end of the railroad pier east of the end of
State Street in Harbor Beach, MI.
    (ii) Expected date: One evening during the second week in July. The
exact dates and times for this event will be determined annually.
    (10) Trenton Rotary Roar on the River Fireworks, Trenton, MI: (i)
Location: All waters of the Detroit River within a 420-foot radius of
the fireworks launch site located at position 42[deg]7.8' N,
083[deg]10.4' W (NAD 83). This area is located between Grosse Ile and
Elizabeth Park in Trenton, MI.

    (ii) Expected date: One evening during the third week in July. The
exact dates and times for this event will be determined annually.
    (11) Nautical Mile Venetian Festival Fireworks, St. Clair Shores,
MI: (i) Location: All waters of Lake St. Clair within a 210-foot radius
of the fireworks launch site located at position 42[deg]28.2' N,
082[deg]52.5' W (NAD 83). This area is located near Jefferson Beach
Marina in St. Clair Shores, MI.
    (ii) Expected date: One evening during the second week in August.
The exact dates and times for this event will be determined annually.
    (12) Cheeseburger Festival Fireworks, Caseville, MI: (i) Location:
All waters of Lake Huron within a 300-foot radius of the fireworks
launch site located at position 43[deg]56.9' N, 083[deg]17.2' W (NAD
83). This area is located near the break wall located at Caseville
County Park, Caseville, MI.
    (ii) Expected date: One evening during the second week in August.
The exact dates and times for this event will be determined annually.
    (13) Detroit International Jazz Festival Fireworks, Detroit, MI:
(i) Location: All waters of the Detroit River within a 560-foot radius
of the fireworks launch site located at position 42[deg]19.6' N,
83[deg]2.6' W (NAD 83). This area is located in the Detroit River
between Cobo Hall and the GM Headquarters in Detroit, MI.
    (ii) Expected date: One evening during the last week in August or
the first week in September. The exact dates and times for this event
will be determined annually.
    (14) Marine City Maritime Festival Fireworks, Marine City, MI: (i)
Location: All waters of the St. Clair River within an 840-foot radius
of the fireworks launch site located at position 42[deg]42.9' N,
082[deg]29.1' W (NAD 83). This area is located east of Marine City.
    (ii) Expected date: One evening during the third week in September.
The exact dates and times for this event will be determined annually.
    (15) Schoenith Family Foundation Fireworks, Detroit, MI: (i)
Location: All waters of the Detroit River, within a 210-foot radius of
the fireworks launch site located at position 42[deg]21.2' N,
82[deg]58.4' W. (NAD 83). This area is located between Detroit and
Belle Isle.
    (ii) Expected date: One evening during the third week in September.
The exact dates and times for this event will be determined annually.
    (16) Toledo Country Club Memorial Celebration and Fireworks,
Toledo, OH: (i) Location: All waters of the Maumee River, within a 250-
yard radius of the fireworks launch site located on shore at position
41[deg]35'12.58'' N, 83[deg]36'16.58'' W. (NAD 83). This area is
located at the Toledo Country Club's 18th Green and encompasses the
fireworks launch site.
    (ii) Expected date: One evening during the last week in May. The
exact dates and times for this event will be determined annually.
    (17) Luna Pier Fireworks Show, Luna Pier, MI: (i) Location: All
waters of Lake Erie, within a 300-yard radius of the fireworks launch
site located at position 41[deg]48'32'' N, 83[deg]26'23'' W. (NAD 83).
This area is located at the Clyde E. Evens Municipal Pier.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (18) Toledo Country Club 4th of July Fireworks, Toledo, OH: (i)
Location: All waters of the Maumee River, within a 250-yard radius of
the fireworks launch site located on shore at position
41[deg]35'12.58'' N, 83[deg]36'16.58'' W. (NAD 83). This area is
located at the Toledo Country Club's 18th Green and encompasses the
fireworks launch site.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (19) Pharm Lights Up The Night Fireworks, Toledo, OH: (i) Location:
All waters of the Maumee River, within a 300-yard radius of the
fireworks launch site located at position 41[deg]38'35'' N,
83[deg]31'54'' W. (NAD 83). This position is located at the bow of the
museum ship SS WILLIS B. BOYER.
    (ii) Expected date: One day or evening during the first or second
weeks in July. The exact dates and times for this event will be
determined annually.
    (20) Perrysburg/Maumee 4th of July Fireworks, Perrysburg, OH: (i)
Location: All waters of the Maumee River, within an 850-foot radius of
the fireworks launch site located at position 41[deg]33'27'' N,
83[deg]38'59'' W. (NAD 83). This position is located at the Perrysburg/
Maumee Hwy 20 Bridge.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (21) Lakeside July 4th Fireworks, Lakeside, OH: (i) Location: All
waters of Lake Erie, within a 560-foot radius of the fireworks launch
site located at position 41[deg]32'52'' N, 82[deg]45'03'' W. (NAD 83).
This position is located at the Lakeside Association Dock.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (22) Catawba Island Club Fireworks, Catawba Island, OH: (i)
Location: All waters of Lake Erie, within a 300-yard radius of the
fireworks launch site located at position 41[deg]34'20'' N,
82[deg]51'18'' W. (NAD 83). This position is located at the northwest
end of the Catawba Cliffs Harbor Light Pier.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (23) Red, White and Blues Bang Fireworks, Huron, OH: (i) Location:
All waters of the Huron River, within a 300-yard radius of the
fireworks launch site located at position 41[deg]23'29'' N,
82[deg]32'55'' W. (NAD 83). This position is located at the Huron Ore
Docks in Huron, OH.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (24) Huron Riverfest Fireworks, Huron, OH: (i) Location: All waters
of Huron Harbor, within a 350-foot radius of the fireworks launch site
located at the Huron Ore Docks at position 41[deg]23'38'' N,
82[deg]32'59'' W. (NAD 83).
    (ii) Expected date: One evening during the second week in July. The
exact dates and times for this event will be determined annually.
    (25) Kellys Island, Island Fest Fireworks, Kellys Island, OH: (i)
Location: All waters of Lake Erie, within a 300-yard radius of the
fireworks launch site located at position 41[deg]35'43'' N,
82[deg]43'30'' W. (NAD 83). This position is located at the old Neuman
Boat Line Dock.
    (ii) Expected date: One evening during the third or fourth weeks in
July. The exact dates and times for this event will be determined
annually.
    (26) Riverfest at the International Docks, Toledo, OH: (i)
Location: All waters of the Maumee River, extending from the bow of the
museum ship SS WILLIS B. BOYER (41[deg]38'35'' N, 83[deg]31'54'' W),
then north/north-east to the south end of the City of Toledo Street
(41[deg]38'51'' N, 83[deg]31'50'' W), then south-west to the red nun
buoy 64 (41[deg]38'48'' N, 83[deg]31'58'' W), then south/
south-east back to the point of origin at the bow of the museum ship SS
WILLIS B. BOYER. (NAD 83).
    (ii) Expected date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
    (27) Rossford Labor Day Fireworks, Rossford, OH: (i) Location: All
waters of the Maumee River, within a 350-yard radius of the fireworks
launch site located at position 41[deg]36'58'' N, 83[deg]33'56'' W.
(NAD 83). This position is located at Veterans Memorial Park.
    (ii) Expected date: One evening during the first week in September.
The

exact dates and times for this event will be determined annually.
    (28) Lakeside Labor Day Fireworks, Lakeside, OH: (i) Location: All
waters of Lake Erie, within a 560-foot radius of the fireworks launch
site located at position 41[deg]32'52'' N, 82[deg]45'03'' W. (NAD 83).
This position is located at the Lakeside Association Dock.
    (ii) Expected date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
    (29) Catawba Island Club Fireworks, Catawba Island, OH: (i)
Location: All waters of Lake Erie, within a 300-yard radius of the
fireworks launch site located at position 41[deg]34'20'' N,
82[deg]51'18'' W. (NAD 83). This position is located at the northwest
end of the Catawba Cliffs Harbor Light Pier.
    (ii) Expected date: One evening during the first week in September.
The exact dates and times for this event will be determined annually.
    (30) Bay-Rama Fishfly Festival Fireworks, New Baltimore, MI:
    (i) Location: All waters of Lake St. Clair-Anchor Bay, off New
Baltimore City Park, within a 300-yard radius of the fireworks launch
site located at position 42[deg]41' N, 082[deg]44' W (NAD 83).
    (ii) Expected date: One evening during the first week in June. The
exact dates and times for this event will be determined annually.
    (31) Lake Erie Metropark Fireworks, Gibraltar, MI: (i) Location:
All waters of Lake Erie, off Lake Erie Metro Park, within a 300-yard
radius of the fireworks launch site located at position 42[deg]03' N,
083[deg]11' W (NAD 83). This position is located off the Brownstown
Wave pool area.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (32) City of St. Clair Fireworks, St. Clair, MI: (i) Location: All
waters off the St. Clair River near St. Clair City Park, within a 300-
yard radius of the fireworks launch site located at position 42[deg]49'
N, 082[deg]29' W (NAD 83).
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (33) Oscoda Township Fireworks, Oscoda, MI: (i) Location: All
waters of Lake Huron, off the DNR Boat Launch near the mouth of the Au
Sable River within a 300-yard radius of the fireworks launch site
located at position 44[deg]19' N, 083[deg]25' W (NAD 83).
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (34) Port Austin Fireworks, Port Austin, MI: (i) Location: All
waters of Lake Huron, off the Port Austin break wall within a 300-yard
radius of the fireworks launch site located at position 42[deg]03' N,
082[deg]40' W. (NAD 83).
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (35) City of Wyandotte Fireworks, Wyandotte, MI: (i) Location: All
waters of the Detroit River, off the break wall between Oak and Van
Alstyne St., within a 300-yard radius of the fireworks launch site
located at position 42[deg]12' N, 083[deg]09' W. (NAD 83).
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (36) Grosse Pointe Farms Fireworks, Grosse Point Farms, MI:
    (i) Location: All waters of Lake St. Clair, within a 300-yard
radius of the fireworks barge located at position 42[deg]23' N,
082[deg]52' W. (NAD 83). This position is located 300 yards east of
Grosse Pointe Farms, MI.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (37) Caseville Fireworks, Caseville, MI: (i) Location: All waters
of Saginaw Bay, within a 300-yard radius of the fireworks launch site
located at position 43[deg]56.9' N, 083[deg]17.2' W. (NAD 83). This
position is located off the Caseville break wall.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (38) Algonac Pickerel Tournament Fireworks, Algonac, MI: (i)
Location: All waters of the St. Clair River, within a 300-yard radius
of the fireworks barge located at position 41[deg]37' N, 082[deg]32' W.
(NAD 83). This position is located between Algonac and Russel Island,
St. Clair River-North Channel.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (39) Port Sanilac Fireworks, Port Sanilac, MI: (i) Location: All
waters of Lake Huron within a 300-yard radius of the fireworks launch
site located at position 43[deg]25' N, 082[deg]31' W. (NAD 83). This
position is located at the South Harbor Break wall in Port Sanilac.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (40) St. Clair Shores Fireworks, St. Clair Shores, MI: (i)
Location: All waters of Lake St. Clair within a 300-yard radius of the
fireworks barge located at position 42[deg]32' N, 082[deg]51' W. (NAD
83). This position is located 1000 yards east of Veteran's Memorial
Park, St. Clair Shores.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (41) Port Huron 4th of July Fireworks, Port Huron, MI: (i)
Location: All waters of the Black River within a 300-yard radius of the
fireworks barge located at position 42[deg]58' N, 082[deg]25' W. (NAD
83). This position is located 300 yards east of 223 Huron Ave., Black
River.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (42) Grosse Point Yacht Club 4th of July Fireworks, Grosse Point
Shores, MI: (i) Location: All waters of Lake St. Clair within a 300-
yard radius of the fireworks barge located at position 42[deg]25' N,
082[deg]52' W. (NAD 83). This position is located 400 yards east of the
Grosse Point Yacht Club seawall, Lake St. Clair.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (43) Lexington Independence Festival Fireworks, Lexington, MI: (i)
Location: All waters of Lake Huron within a 300-yard radius of the
fireworks barge located at position 43[deg]13' N, 082[deg]30' W. (NAD
83). This position is located 300 yards east of the Lexington break
wall, Lake Huron.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (44) City of Ecorse Water Festival Fireworks, Ecorse, MI: (i)
Location: All waters of the Detroit River within a 300-yard radius of
the fireworks barge located at position 41[deg]14' N, 083[deg]09' W.
(NAD 83). This position is located in the Ecorse Channel at the
northern end of Mud Island.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (45) Grosse Isle Yacht Club Fireworks, Grosse Isle, MI: (i)
Location: All waters of the Detroit River within a 300-yard radius of
the fireworks launch site located at position 42[deg]05' N, 083[deg]09'
W. (NAD 83). This position is located in front of the Grosse Isle Yacht
Club.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.

    (46) Trenton Fireworks, Trenton, MI: (i) Location: All waters of
the Detroit River within a 300-yard radius of the fireworks barge
located at position 42[deg]09' N, 083[deg]10' W. (NAD 83). This
position is located 200 yards east of Trenton in the Trenton Channel
near Trenton, MI.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (47) Belle Maer Harbor 4th of July Fireworks, Harrison Township,
MI: (i) Location: All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge located at position 42[deg]36' N, 082[deg]47' W.
(NAD 83). This position is located 400 yards east of Belle Maer Harbor,
Lake St. Clair.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (48) Tawas City 4th of July Fireworks, Tawas, MI: (i) Location: All
waters of Lake Huron within a 300-yard radius of the fireworks launch
site located at position 44[deg]13' N, 083[deg]30' W. (NAD 83). This
position is located off the Tawas City Pier.
    (ii) Expected date: One evening during the first week in July. The
exact dates and times for this event will be determined annually.
    (49) Venetian Festival Boat Parade and Fireworks, St. Clair Shores,
MI: (i) Location: All waters of Lake St. Clair within a 300-yard radius
of the fireworks barge located at position 42[deg]28' N, 082[deg]52' W.
(NAD 83). This position is located 600 yards off Jefferson Beach
Marina, Lake St. Clair.
    (ii) Expected date: One evening during the second week in August.
The exact dates and times for this event will be determined annually.
    (b) Definitions. The following definitions apply to this section:
(1) Designated Representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port Detroit
to monitor a safety zone, permit entry into the zone, give legally
enforceable orders to persons or vessels within the zones, and take
other actions authorized by the Captain of the Port.
    (2) Public vessel means vessels owned, chartered, or operated by
the United States, or by a State or political subdivision thereof.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated representative.
    (2)(i) These safety zones are closed to all vessel traffic, except
as may be permitted by the Captain of the Port Detroit or his
designated representative.
    (ii) All persons and vessels must comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (iii) Upon being hailed by the U.S. Coast Guard by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed.
    (3)(i) All vessels must obtain permission from the Captain of the
Port or his designated representative to enter, move within, or exit
the safety zone established in this section when this safety zone is
enforced.
    (ii) Vessels and persons granted permission to enter the safety
zone must obey all lawful orders or directions of the Captain of the
Port or a designated representative.
    (iii) While within a safety zone, all vessels must operate at the
minimum speed necessary to maintain a safe course.
    (d) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
    (e) Waiver. For any vessel, the Captain of the Port Detroit or his
designated representative may waive any of the requirements of this
section, upon finding that operational conditions or other
circumstances are such that application of this section is unnecessary
or impractical for the purposes of public or environmental safety.
    (f) Notification. The Captain of the Port Detroit will notify the
public that the safety zones in this section are or will be enforced by
all appropriate means to the affected segments of the public including
publication in the Federal Register as practicable, in accordance with
33 CFR 165.7(a). Such means of notification may also include, but are
not limited to Broadcast Notice to Mariners or Local Notice to
Mariners. The Captain of the Port will issue a Broadcast Notice to
Mariners notifying the public when enforcement of the safety zone
established by this section is cancelled.

Sec.  165.907  [Removed]

    3. Remove and reserve Sec.  165.907.

    Dated: May 7, 2008.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E8-11408 Filed 5-21-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1256-1258]
[FR Doc No: 2018-00281]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2685-029]

New York Power Authority; Notice of Application Ready for
Environmental Analysis, and Soliciting Comments, Recommendations,
Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection.
    a. Type of Application: New Major License.
    b. Project No.: 2685-029.
    c. Date filed: April 27, 2017.
    d. Applicant: New York Power Authority (NYPA).
    e. Name of Project: Blenheim-Gilboa Pumped Storage Project.
    f. Location: The existing project is located on Schoharie Creek, in
the Towns of Blenheim and Gilboa in Schoharie County, New York. The
project does not affect federal lands.
    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).
    h. Applicant Contact: Mr. Robert Daly, Licensing Manager, New York
Power Authority 123 Main Street, White Plains, New York 10601.
Telephone:<PHONE_NUMBER>, Email: [email protected].
    i. FERC Contact: Andy Bernick at<PHONE_NUMBER>, and email
[email protected].
    j. Deadline for filing comments, recommendations, preliminary terms
and conditions, and preliminary fishway prescriptions: 60 days from the
issuance date of this notice; reply comments are due 105 days from the
issuance date of this notice.
    The Commission strongly encourages electronic filing. Please file
comments, recommendations, preliminary terms and conditions, and
preliminary fishway prescriptions using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at [email protected],<PHONE_NUMBER> (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE, Washington, DC 20426. The first page of any filing should
include docket number P-2685-029.
    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 for filing and is now ready
for environmental analysis.
    l. The existing Blenheim-Gilboa Project consists of the following:
(1) A 2.25-mile-long, 30-foot-wide earth and rock fill embankment dike
with a maximum height of 110 feet, constructed at Brown Mountain and
forming the 399-acre Upper Reservoir (operating at the maximum and
extreme minimum elevations of 2,003 feet and 1,955 feet National
Geodetic Vertical Datum of 1929 [NGVD 29], respectively)

with 15,085 acre-feet of usable storage and dead storage of 3,706 acre-
feet below elevation 1,955 feet NGVD 29; (2) a 655-foot-long emergency
spillway with a 25-foot-wide asphaltic concrete crest at elevation
2,005 feet NGVD 29 and a capacity of 10,200 cubic feet per second
(cfs); (3) an intake system that includes: (i) A 125-foot-wide
hexagonal-shaped intake cover with trash racks with a clear spacing of
5.25 inches; (ii) a 1,042-foot-long, 28-foot-diameter, concrete-lined
vertical shaft in the bottom of the Upper Reservoir; (iii) a 906-foot-
long horizontal, concrete-lined rock tunnel; and (iv) a 460-foot-long
concrete-lined manifold that distributes flow to four 12-foot-diameter
steel-lined penstocks, each with a maximum length of about 1,960 feet,
to four pump-turbines located at the powerhouse; (4) a 526-foot-long,
172-foot-wide, and 132-foot-high multi-level powerhouse located along
the east bank of the Lower Reservoir at the base of Brown Mountain,
containing four reversible pump turbines that each produce
approximately 290 megawatts (MW) in generation mode, and have a total
maximum discharge of 12,800 cfs during generation and 10,200 cfs during
pumping; (5) a bottom trash rack with a clear spacing of 5.625 inches,
and four upper trash racks with a clear spacing of 5.25 inches; (6) an
1,800-foot-long central core, rock-filled lower dam with a maximum
height of 100 feet that impounds Schoharie Creek to form the 413-acre
Lower Reservoir (operating at the maximum and minimum elevations of 900
feet and 860 feet NGVD 29, respectively) with 12,422 acre-feet of
usable storage and dead storage of 3,745 acre-feet below 860 feet NGVD
29; (7) three 38-foot-wide by 45.5-foot-high Taintor gates at the left
end of the lower dam; (8) a 425-foot-long, 134-foot-wide concrete
spillway structure with a crest elevation of 855 feet NGVD 29; (9) a
238-foot-long, 68.5-foot-deep concrete stilling basin; (10) a low level
outlet with four discharge valves of 4, 6, 8, and 10 inches for release
of 5 to 25 cfs, and two 36-inch-diameter Howell-Bunger valves to
release a combined flow of 25 to 700 cfs; (11) a switchyard on the
eastern bank of Schoharie Creek adjacent to the powerhouse; and (12)
appurtenant facilities.
    During operation, the Blenheim-Gilboa Project's pump-turbines may
be turned on or off several times throughout the day, but the project
typically generates electricity during the day when consumer demand is
high and other power resources are more expensive. Pumping usually
occurs at night and on weekends when there is excess electricity in the
system available for use. According to a July 30, 1975, settlement
agreement, NYPA releases a minimum flow of 10 cubic feet per second
(cfs) during low-flow periods when 1,500 acre-feet of water is in
storage, and 7 cfs when less than 1,500 acre-feet is in storage. For
the period 2007 through 2016, the project's average annual generation
was about 374,854 megawatt-hours (MWh) and average annual energy
consumption from pumping was about 540,217 MWh.
    m. A copy of the application is available for review at the
Commission in the Public Reference Room or may be viewed on the
Commission's website at 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. For assistance, contact
FERC Online Support. A copy is also available for inspection and
reproduction at the address in item h above.
    All filings must (1) bear in all capital letters the title
COMMENTS, REPLY COMMENTS, RECOMMENDATIONS, PRELIMINARY TERMS AND
CONDITIONS, or PRELIMINARY FISHWAY PRESCRIPTIONS; (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 submitting the filing; and
(4) otherwise comply with the requirements of 18 CFR 385.2001 through
385.2005. All comments, recommendations, terms and conditions or
prescriptions must set forth their evidentiary basis and otherwise
comply with the requirements of 18 CFR 4.34(b). Agencies may obtain
copies of the application directly from the applicant. Each filing must
be accompanied by proof of service on all persons listed on the service
list prepared by the Commission in this proceeding, in accordance with
18 CFR 4.34(b) and 385.2010.
    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. A license applicant must file no later than 60 days following
the date of issuance of this notice: (1) A copy of the water quality
certification; (2) a copy of the request for certification, including
proof of the date on which the certifying agency received the request;
or (3) evidence of waiver of water quality certification.
    o. Procedural Schedule
    The application will be processed according to the following
revised Hydro Licensing Schedule. Revisions to the schedule may be made
as appropriate.

------------------------------------------------------------------------
             Milestone                           Target date
------------------------------------------------------------------------
Filing of recommendations,           March 5, 2018.
 preliminary terms and conditions,
 and preliminary fishway
 prescriptions.
Reply comments due.................  April 19, 2018.
Commission Issues Draft EA.........  September 1, 2018.
Comments on Draft EA...............  October 1, 2018.
Modified terms and conditions due..  November 30, 2018.
Commission issues Final EA.........  February 28, 2019.
------------------------------------------------------------------------

    [fnc]p. Final amendments to the application must be filed with the
Commission no later than 30 days from the issuance date of this notice.

    Dated: January 4, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-00281 Filed 1-9-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Notices]
[Page 28523]
[FR Doc No: 2017-12996]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4315-DR; Docket ID FEMA-2017-0001]

Oklahoma; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the State of Oklahoma (FEMA-4315-DR), dated May 26, 2017,
and related determinations.

DATES: Effective Date: May 26, 2017.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 26, 2017, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the State
of Oklahoma resulting from severe storms, tornadoes, and flooding
during the period of April 28 to May 2, 2017, is of sufficient
severity and magnitude to warrant a major disaster declaration under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act,
42 U.S.C. 5121 et seq. (the ``Stafford Act''). Therefore, I declare
that such a major disaster exists in the State of Oklahoma.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Public Assistance in the
designated areas and Hazard Mitigation throughout the State.
Consistent with the requirement that Federal assistance be
supplemental, any Federal funds provided under the Stafford Act for
Hazard Mitigation will be limited to 75 percent of the total
eligible costs. Federal funds provided under the Stafford Act for
Public Assistance also will be limited to 75 percent of the total
eligible costs, with the exception of projects that meet the
eligibility criteria for a higher Federal cost-sharing percentage
under the Public Assistance Alternative Procedures Pilot Program for
Debris Removal implemented pursuant to section 428 of the Stafford
Act.
    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Charles Maskell, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the State of Oklahoma have been designated
as adversely affected by this major disaster:

    Adair, Beaver, Caddo, Cherokee, Cimarron, Craig, Delaware,
Haskell, Kiowa, Lincoln, Logan, Mayes, Muskogee, Ottawa, Pittsburg,
Sequoyah, Texas, and Washita Counties for Public Assistance.
    All areas within the State of Oklahoma are eligible for
assistance under the Hazard Mitigation Grant Program.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

Robert J. Fenton,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2017-12996 Filed 6-21-17; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 79, Number 42 (Tuesday, March 4, 2014)]
[Rules and Regulations]
[Pages 12079-12082]
[FR Doc No: 2014-04323]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-0AR-2011-0562; FRL-9905-67-Region 8]

Approval and Promulgation of Air Quality Implementation Plans;
State of Colorado; Revised Transportation Conformity Consultation
Process

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Colorado
on May 11, 2012. The May 11, 2012 submittal addresses updates to
Regulation Number 10 ``Criteria for Analysis of Conformity'' of the
Colorado SIP including revisions to transportation conformity
requirements, transportation conformity criteria and procedures related
to interagency consultation, and enforceability of certain
transportation related control and mitigation measures. The submittal
also removes certain provisions from the SIP so that federal rules will
govern conformity of general federal actions. EPA is approving the
submission in accordance with the requirements of the Clean Air Act
(CAA).

DATES: This final rule is effective April 3, 2014.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2011-0562. All documents in the docket are listed in
the www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., Confidential Business
Information (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. Publicly available docket materials are available either
electronically through www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8:00 a.m.
to 4:00 p.m., excluding Federal holidays

FOR FURTHER INFORMATION CONTACT: Tim Russ, Air Program, Mailcode 8P-AR,
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver,
Colorado 80202-1129, telephone number<PHONE_NUMBER>, fax number (303)
312-6064, or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. What is the State's process to submit SIP revisions to EPA?
III. EPA's Evaluation of the State's May 11, 2012 Submittal
IV. Consideration of Section 110(l) of the Clean Air Act
V. Final Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, the following definitions apply:
    (i) The word Act or initials CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials NAAQS mean national ambient air quality
standard.
    (iv) The initials SIP mean or refer to State Implementation Plan.
    (v) The words State or Colorado mean the State of Colorado, unless
the context indicates otherwise.

I. Background

    EPA is approving revisions to Colorado's Regulation Number 10,
``Criteria for Analysis of Conformity,'' (hereafter, ``Regulation No.
10'') of the Colorado SIP that address transportation conformity SIP
requirements of section 176(c) of the CAA and Title 40, part 51.390(b)
of the Code of Federal Regulations (CFR). Specifically, a conformity
SIP must address the following transportation conformity requirements:
40 CFR 93.105, which formalizes the consultation procedures; 40 CFR
93.122(a)(4)(ii), which addresses written commitments to control
measures that are not included in a metropolitan planning
organization's transportation plan and transportation improvement
program (TIP) that must be obtained prior to a conformity
determination; and 40 CFR 93.125(c), which addresses written
commitments to mitigation measures that must be obtained prior to a
project-level conformity determination.\1\
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    \1\ A conformity SIP includes a state's specific criteria and
procedures for certain aspects of the transportation conformity
process consistent with the federal conformity rule. A conformity
SIP does not contain motor vehicle emissions budgets, emissions
inventories, air quality demonstrations, or control measures. See
EPA's Guidance for Developing Transportation Conformity State
Implementation Plans (SIPs) for further background: www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf.

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    EPA notes that the State submitted prior SIP revisions to
Regulation No. 10 by a letter dated June 18, 2009. The June 18, 2009
SIP submittal addressed revisions to numerous aspects and sections in
Regulation No. 10. Those prior revisions to Regulation No. 10 are
contained in the May 11, 2012 revisions to Regulation No. 10. In
addition to further clarifying transportation conformity consultation
procedures, the May 11, 2012 revision responded to changes in federal
law by removing SIP provisions related to general conformity.
    EPA had initially determined that the June 18, 2009 revisions to
Regulation No. 10 were fully approvable. As EPA has determined that the
May 11, 2012 revisions to Regulation No. 10 are also fully approvable,
we are, therefore, only acting on the May 11, 2012 Regulation No. 10
revisions as they supersede and replace the June 18, 2009 revisions. By
approving these May 11, 2012 revisions to Regulation No. 10, EPA will
be making them part of the federally enforceable SIP for Colorado under
the CAA. EPA also notes that the May 11, 2012 SIP submission is also
intended to revise and supersede the conformity SIP that was previously
approved by EPA in 2001 (66 FR 48561).
    Our November 12, 2013 notice of proposed rulemaking (78 FR 67327)
invited comment on our proposal and provided a 30-day comment period.
The comment period ended on December 12, 2013. We did not receive any
comments. Accordingly, we are finalizing our actions as proposed.

II. What is the State's process to submit SIP revisions to EPA?

    Section 110(k) of the CAA addresses our actions on submissions of
revisions to a SIP. The CAA requires states to observe certain
procedural requirements in developing SIP revisions for submittal to
us. Section 110(a)(2) of the CAA requires that each SIP revision be
adopted after reasonable notice and public hearing. This must occur
prior to the revision being submitted by a state to us.
    With regard to the prior June 18, 2009 revisions to Regulation No.
10, the Colorado Air Quality Control Commission (AQCC) held a public
hearing for those revisions on November 20, 2008. There were no public
comments. The AQCC adopted the revisions to Regulation No. 10 directly
after the hearing. This SIP revision became state effective on December
30, 2008, and was submitted by James B. Martin, on behalf of the
Governor, to us on June 18, 2009.
    For the May 11, 2012 revisions to Regulation No. 10, the AQCC held
a public hearing for those revisions on December 15, 2011. There were
no public comments. The AQCC adopted the revisions to Regulation No. 10
directly after the hearing. This SIP revision became state effective on
January 30, 2012 and was submitted by Christopher E. Urbina, on behalf
of the Governor, to us on May 11, 2012.
    We have evaluated the Governor's May 11, 2012 submittal for
Regulation No. 10 and have determined that the State met the
requirements for reasonable notice and public hearing under section
110(a)(2) of the CAA. By operation of law under section 110(k)(1)(B) of
the CAA, the Governor's May 11, 2012 submittal was deemed complete on
November 11, 2012.

III. EPA's Evaluation of the State's May 11, 2012 Submittal

    EPA has reviewed the revisions to Regulation No. 10, which is
Colorado's Transportation Conformity Consultation (Conformity SIP)
element of the SIP, that were submitted by the Governor on May 11, 2012
and we have found that our approval is warranted. We reviewed the
State's submittal for consistency with the conformity requirements in
40 CFR 51.390(b), that establish the requirements for conformity
consultation SIPs, and with the conformity requirements in 40 CFR
sections 93.105, 93.122(a)(4)(ii), and 93.125(c).\2,3\ We also
consulted our document ``Guidance for Developing Transportation
Conformity State Implementation Plans (SIPs),'' EPA-420-B-09-001, dated
January, 2009.\4\
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    \2\ ``40 CFR 93 Transportation Conformity Rule PM2.5
and PM10 Amendments; Final Rule'', March 24, 2010, 75 FR
14260.
    \3\ ``40 CFR 93 Transportation Conformity Rule Restructuring
Amendments; Final Rule'', March 14, 2012, 77 FR 14979.
    \4\ See: http://www.epa.gov/otaq/stateresources/transconf/policy/420b09001.pdf.
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    Our review and conclusions regarding the revisions to Regulation
No. 10 are detailed in a memorandum in the docket and include the
following:
    (a) Section I ``Requirement to comply with the Federal rule.'' EPA
has reviewed and finds satisfactory the revisions to section I of
Regulation No. 10. Section I states that the consultation procedures
described in section III address the requirements in 40 CFR 93.105(a)
through (e), that the provisions in section IV address the requirements
in 40 CFR 93.122(a)(4)(ii), and that the provisions in section V
address the requirements in 40 CFR 93.125(c).
    (b) Section II ``Definitions.'' EPA has reviewed and finds
acceptable the revisions and clarifications that the State made to
several definitions in section II of Regulation No. 10.
    (c) Section III ``Interagency Consultation.'' For section III we
note that 40 CFR 51.390(b) provides that each state is required to
address three specific sections in EPA's transportation conformity rule
in 40 CFR Part 93, Subpart A. The relevant provisions that are required
to be addressed are: 93.105 (Consultation), 93.122(a)(4)(ii)
(Procedures for determining regional transportation-related emissions),
and 93.125(c) (Enforceability of design concept and scope and project-
level mitigation and control measures). The following is a summary of
the key aspects of Regulation No. 10 to address the above requirements,
with our evaluation and conclusion of each:
    (1) 40 CFR 93.105, ``Consultation,'' contains five subsections, (a)
through (e). In summary, the general provisions of 93.105(a) state that
a conformity SIP shall include procedures for interagency consultation,
conflict resolution, and public consultation. Subsection 93.105(b)
provides general requirements and factors for well defined interagency
consultation procedures in the implementation plan. Organizations such
as metropolitan planning organizations (MPO), state and local air
quality planning agencies, and state and local transportation agencies
with responsibilities for developing, submitting or implementing
provisions of an implementation plan must consult with each other.
These organizations must also consult with local or regional offices of
EPA, the Federal Highway Administration (FHWA), and the Federal Transit
Administration (FTA). The provisions of 93.105(c) detail specific
processes that must be addressed in interagency consultation
procedures. The provisions of 93.105(d) require specific procedures for
resolving conflicts, and the provisions of 93.105(e) require specific
public consultation procedures.
    EPA has concluded that the above requirements are satisfactorily
addressed in the revisions to Regulation No. 10 in section III
``Interagency Consultation'' which includes; section III.A ``Roles and
Responsibilities for Transportation Conformity Determinations and
Related SIP Development,'' section III.B

``Establishing a Forum for Regional Conformity Consultation,'' section
III.C ``Topics for Consultation,'' section III.D ``Process for assuming
the location and design concept and scope of projects disclosed to the
MPO as required by paragraph (E) of this section, but whose sponsors
have not yet decided these features in sufficient detail to perform the
regional emissions analysis according to the requirements of 40 CFR
93.122,'' section III.E ``Process to ensure that plans for construction
of regionally significant projects which are not FHWA/FTA projects
(including projects for which alternative locations, design concept and
scope, or the no-build options are still being considered), including
those by recipients of funds designated under Title 23 U.S.C. or the
Federal Transit Act, are disclosed on a regular basis, and to ensure
that any changes to those plans are immediately disclosed,'' section
III.F ``Consultation procedures for development of State Implementation
Plans,'' section III.G ``Agreements further describing consultation
procedures,'' and section III.H ``Review of Conformity Determinations
by the public, Air Quality Control Commission, and resolution of
conflicts.''
    (2) 40 CFR 93.122(a)(4)(ii) requires enforceable written
commitments for emission reduction credits. Emissions reduction credits
from any control measures that are not included in the transportation
plan and TIP, and do not require a regulatory action in order to be
implemented, may not be included in the emissions analysis unless the
conformity determination includes written commitments for
implementation from the appropriate entities. EPA has concluded that
this requirement is satisfactorily addressed in section IV ``Emission
reduction credit for certain control measures'' of Regulation No. 10.
    (3) 40 CFR 93.125(c) addresses the enforceability of design concept
and scope and project-level mitigation and control measures. Before a
conformity determination is made, written commitments must be obtained
for any project-level mitigation or control measures. EPA has concluded
that this requirement is satisfactorily addressed in section V
``Enforceability of design concept and scope and project-level
mitigation and control measures'' of Regulation No. 10.
    (d) Section VI ``Statements of Basis, Specific Statutory Authority,
and Purpose.'' EPA notes this section VI in the State's regulation
merely provides information for the State regarding the SIP revision
and is not necessary for an approvable Transportation Conformity
Consultation SIP element revision whose purpose is to meet the
requirements of CAA section 176(c)(4)(E) and 40 CFR 51.390. Therefore,
EPA is not taking any action on this section.
    (e) The May 11, 2012 revision removes former Part A, ``Determining
Conformity of General Federal Actions to State or Federal
Implementation Plans,'' from the SIP. After amendments to 40 CFR 51.851
that EPA promulgated on April 5, 2010 (75 FR 17254), provisions
governing general conformity are now an optional component of a SIP.
The State's removal of Part A is thus consistent with the 2010
amendments. With the removal of Part A from the SIP, the federal rules
in Subpart B of 40 CFR Part 93 will directly govern conformity of
general federal actions.

IV. Consideration of Section 110(1) of the Clean Air Act

    Section 110(1) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of a NAAQS or any other applicable requirement of
the CAA. EPA has concluded that the above-described revisions to
Regulation No. 10 will not interfere with attainment, reasonable
further progress, or any other applicable requirement of the CAA.

V. Final Action

    EPA is approving the May 11, 2012 SIP revision that was submitted
by Christopher E. Urbina, Executive Director of the Colorado Department
of Public Health and Environment, and on behalf of the Governor of the
State of Colorado. The May 11, 2012 revision updates sections I, II,
III, IV, V of Regulation Number 10 ``Criteria for Analysis of
Conformity'' of the Colorado SIP so as to meet the federal
transportation conformity consultation requirements under section 176
of the CAA and 40 CFR 51.390(b), 40 CFR 93.105(a) through (e), 40 CFR
93.122(a)(4)(ii), and 40 CFR 93.125(c). EPA is also approving the
removal of former Part A, ``Determining Conformity of General Federal
Actions to State or Federal Implementation Plans,'' from the SIP. EPA
notes that revisions were also made to Colorado's Regulation Number 10,
section VI ``Statements of Basis, Specific Statutory Authority, and
Purpose''; however, EPA is not taking any action on the revisions to
this section. EPA's approval of the State's May 11, 2012 revisions to
Regulation Number 10 eliminates the need for EPA to take action on the
State's June 18, 2009 revisions to Regulation Number 10.

VI. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission 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, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this 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 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 Clean Air Act; 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 rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply 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.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by May 5, 2014. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, and Volatile Organic Compounds.

    Authority: 42 U.S.C. 7401 et seq.

    Dated: January 8, 2014.
Howard M. Cantor,
Acting Regional Administrator, Region 8.

    For the reason stated in the preamble, the Environmental Protection
Agency amends 40 CFR Part 52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. Amend Sec.  52.320 by revising paragraph (c)(92) to read as follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (92) On May 11, 2012, Colorado submitted a revision to its State
Implementation Plan (SIP) that addresses updates to Colorado's
Regulation Number 10, Criteria for Analysis of Conformity, of the
Colorado SIP. EPA is approving the May 11, 2012 revisions to Regulation
No. 10 that update sections I, II, III, IV, and V so as to meet federal
transportation conformity consultation requirements. EPA is also
approving the removal of former Part A, Determining Conformity of
General Federal Actions to State or Federal Implementation Plans, from
the SIP.
    (i) Incorporation by reference.
    (A) Colorado's Regulation Number 10, Criteria for Analysis of
Conformity, except section VI, Statements of Basis, Specific Statutory
Authority, and Purpose, as adopted by the Colorado Air Quality Control
Commission on December 15, 2011 and state effective on January 30,
2012.
* * * * *
[FR Doc. 2014-04323 Filed 3-3-14; 8:45 am]
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[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23894-23895]
[FR Doc No: 2017-10618]

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SECURITIES AND EXCHANGE COMMISSION

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension:
    Rule 17a-11. SEC File. No. 270-94, OMB Control No. 3235-0085.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Rule 17a-11 (17 CFR 240.17a-
11) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.)
(``Exchange Act''). The Commission plans to submit this existing
collection of information to the Office of Management and Budget for
extension and approval.
    In response to an operational crisis in the securities industry
between 1967 and 1970, the Commission adopted Rule 17a-11 (17 CFR
240.17a-11) under the Exchange Act on July 11, 1971. The Rule requires
broker-dealers that are experiencing financial or operational
difficulties to provide notice to the Commission, the broker-dealer's
designated examining authority (``DEA''), and the Commodity Futures
Trading Commission (``CFTC'') if the broker-dealer is registered with
the CFTC as a futures commission merchant. Rule 17a-11 is an integral
part of the Commission's financial responsibility program which enables
the Commission, a broker-dealer's DEA, and the CFTC to increase
surveillance of a broker-dealer experiencing difficulties and to obtain
any additional information necessary to gauge the broker-dealer's
financial or operational condition.
    Rule 17a-11 also requires over-the-counter (``OTC'') derivatives
dealers and broker-dealers that are permitted to compute net capital
pursuant to Appendix E to Exchange Act Rule 15c3-1 to notify the
Commission when their tentative net capital drops below certain levels.
    To ensure the provision of these types of notices to the
Commission, Rule 17a-11 requires every national securities exchange or
national securities association to notify the Commission when it learns
that a member broker-dealer has failed to send a notice or transmit a
report required under the Rule.
    Compliance with the Rule is mandatory. The Commission will
generally not publish or make available to any person notices or
reports received pursuant to Rule 17a-11. The Commission believes that
information obtained under Rule 17a-11 relates to a condition report
prepared for the use of the Commission, other federal governmental
authorities, and securities industry self-regulatory organizations
responsible for the regulation or supervision of financial
institutions.
    The Commission expects to receive 253 notices from broker-dealers
whose capital declines below certain specified levels or who are
otherwise experiencing financial or operational problems and ten
notices each year from national securities exchange or national
securities association notifying it that a member broker-dealer has
failed to send the Commission a notice or transmit a report required
under the Rule. The Commission expects that it will take approximately
one hour to prepare and transmit each notice.
    Rule 17a-11 also requires broker-dealers engaged in securities
lending or repurchase activities to either: (1) File a notice with the
Commission and their DEA whenever the total money payable against all
securities loaned, subject to a reverse repurchase agreement or the
contract value of all securities borrowed or subject to a repurchase
agreement, exceeds 2,500% of tentative net capital; or, alternatively,
(2) report monthly their securities lending and repurchase activities
to their DEA in a form acceptable to their DEA.
    The Commission estimates that, annually, six broker-dealers will
submit the monthly stock loan/borrow report. The Commission estimates
each firm will spend, on average, approximately one hour per month (or
twelve hours per year) of employee resources to prepare and send the
report or to prepare the information for the FOCUS report (as required
by the firm's DEA, if applicable). Therefore, the Commission estimates
the total annual reporting burden arising from this section of the
amendment will be approximately 72 hours.\1\
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    \1\ 6 broker-dealers x 12 hours per year = 72 hours.
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    Therefore, the total annual reporting burden associated with Rule
17a-11 is approximately 335 hours.\2\
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    \2\ 253 + 10 + 72.
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    Written comments are invited on: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the Commission, including whether the information
shall have practical utility; (b) the accuracy of the Commission's

estimate of the burden of the proposed collection of information; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology.
Consideration will be given to comments and suggestions submitted in
writing within 60 days of this publication.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    Please direct your written comments to: Pamela Dyson, Director/
Chief Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549, or send an email
to<EMAIL_ADDRESS>
    Dated: May 19, 2017.
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-10618 Filed 5-23-17; 8:45 am]
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[Federal Register Volume 82, Number 227 (Tuesday, November 28, 2017)]
[Rules and Regulations]
[Page 56173]
[FR Doc No: 2017-25576]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[EPA-R07-OAR-2017-0485; FRL-9971-15-Region 7]

Approval of Nebraska's Air Quality Implementation Plan, Operating
Permits Program, and 112(l) Program; Revision to Nebraska
Administrative Code; Withdrawal of Direct Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: Due to adverse comments, the Environmental Protection Agency
(EPA) is withdrawing the direct final rule for ``Approval of Nebraska's
Air Quality Implementation Plan, Operating Permits Program, and 112(l)
Program; Revision to Nebraska Administrative Code,'' published in the
Federal Register on October 5, 2017. Nebraska's SIP revision revised
two chapters, ``Definitions'' and ``Operating Permit Modifications;
Reopening for Cause''. Specifically, these revisions incorporated by
reference the list of organic compounds exempt from the definition of
volatile organic compound (VOC) found in the Code of Federal
Regulations. Notification requirements for the operating permit program
were amended to be consistent with the Federal operating permit program
requirements, and the definition of ``solid waste'' was revised by the
state. However, because the state's definition is inconsistent with the
Federal definition, EPA was not approving the definition into the SIP.
Finally, the state extended the process of ``off-permit changes'' to
Class 1 operating permits. Additional grammatical and editorial changes
were made in this revision.

DATES: The direct final rule published at 82 FR 46420, October 5, 2017,
is withdrawn effective November 28, 2017.

FOR FURTHER INFORMATION CONTACT: Greg Crable, Environmental Protection
Agency, Air Planning and Development Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219 at<PHONE_NUMBER>, or by email at
[email protected].

SUPPLEMENTARY INFORMATION: Due to adverse comments, EPA is withdrawing
the direct final rule to approve revisions to the Nebraska State
Implementation Plan (SIP), Operating Permits Program, and 112(l)
program; Revision to Nebraska Administrative Code. In the direct final
rule published on October 5, 2017, (82 FR 46420), we stated that if we
received adverse comment by November 6, 2017, the rule would be
withdrawn and not take effect. EPA received adverse comments. EPA will
address the comments in a subsequent final action based upon the
proposed action also published on October 5, 2017 (82 FR 46453). EPA
will not institute a second comment period on this action.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

40 CFR Part 70

    Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.

    Dated: November 16, 2017.
James B. Gulliford,
Regional Administrator, Region 7.

0
Accordingly, the direct final rule published on October 5, 2017 (82 FR
46420), is withdrawn effective November 28, 2017.

[FR Doc. 2017-25576 Filed 11-27-17; 8:45 am]
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[Federal Register: August 31, 2010 (Volume 75, Number 168)]
[Notices]
[Page 53361]
[DOCID:fr31au10-123]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: [to be announced].

STATUS: Closed Meeting.

PLACE: 100 F Street, NE., Washington, DC.

DATE AND TIME OF PREVIOUSLY ANNOUNCED MEETING: September 2, 2010 at 2
p.m.

CHANGE IN THE MEETING: Additional Item.
    The following matter will also be considered during the 2 p.m.
Closed Meeting scheduled for Thursday, September 2, 2010 at 2 p.m.:

Consideration of Amicus Participation

    Commissioner Walter, as duty officer, voted to consider the item
listed for the Closed Meeting in closed session, and determined that no
earlier notice thereof was possible.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items. For further information and to
ascertain what, if any, matters have been added, deleted or postponed,
please contact the Office of the Secretary at<PHONE_NUMBER>.

    Dated: August 27, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-21857 Filed 8-27-10; 4:15 pm]
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