[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Proposed Rules]
[Pages 36438-36447]
[FR Doc No: 2011-15589]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2008-0384]
RIN 1625-AA00; 1625-AA08; 1625-AA87

Special Local Regulations; Safety and Security Zones; Recurring
Events in Captain of the Port Long Island Sound Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to remove, add, and consolidate
special local regulations and establish permanent safety zones for
annual recurring marine events as well as establish a permanent
security zone in the Coast Guard Sector Long Island Sound Captain of
the Port (COTP) Zone. When these special local regulations or safety
zones are activated and subject to enforcement, this rule would
restrict vessels from portions of water areas during these annual
recurring events. The revised special local regulations and safety
zones would expedite public notification of events, and ensure the
protection of the maritime public and event participants from the
hazards associated with these annual recurring events.

DATES: Comments and related material must be received by the Coast
Guard on or before July 22, 2011.
    Requests for public meetings must be received by the Coast Guard on
or before June 29, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2008-0384 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 e-mail Petty Officer Joseph Graun, Waterways Management
Division at Coast Guard Sector Long Island Sound, telephone 203-468-
4544, e-mail<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-2008-0384), 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 http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.

    To submit your comment online, go to 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-2008-0384'' 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-2008-0384'' 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

    The legal basis for the proposed rule is 33 U.S.C. 1231, 1233; 46
U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1,
6.04-1, 6.04-6 and 160.5; Public Law 107-295, 116 Stat. 2064; and
Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to define regulatory safety
zones, security zones and special local regulations.
    This regulation carries out three related actions: (1) Establishing
necessary safety zones and special local regulations, (2) establishing
one necessary security zone, and (3) updating and reorganizing existing
regulations for ease of use and reduction of administrative overhead.

Discussion of Proposed Rule

    The Coast Guard proposes to revise sections 33 CFR 165.151 and
165.154; add section 100.100. The proposed changes will remove 37
regulated areas, establish 32 new safety zones, three special local
regulations, and one security zone, and consolidate and simplify these
regulations. By establishing a permanent regulation containing these
events, the Coast Guard will eliminate the need to establish temporary
rules for events that occur on an annual basis. This provides
opportunity for the public to comment while limiting the unnecessary
burden of continually establishing temporary rules every year.

(1) Establishing new safety zones and special local regulations

    This rule proposes to establish 32 new safety zones under 33 CFR
165.151 and three special local regulations under 33 CFR; these events
are listed below in the text of the regulation. As large numbers of
spectator vessels are expected to congregate around the location of
these events, the regulated areas are needed to protect both spectators
and participants from the safety hazards created by the event. During
the enforcement period of the regulated areas, persons and vessels
would be prohibited from entering, transiting through, remaining,
anchoring or mooring within the zone unless specifically authorized by
the COTP or the designated representative. The Coast Guard may be
assisted by other Federal, State and local agencies in the enforcement
of these regulated areas.
    Certain safety zones and special local regulations are listed
without known dates or times. Coast Guard Sector Long Island Sound will
cause notice of the enforcement of these safety zones to be made by all
appropriate means to affect the widest publicity among the effected
segments of the public, including publication in the Federal Register
as a Notice of Enforcement, Local Notice to Mariners and Broadcast
Notice to Mariners.

(2) Establishing a New Security Zone

    This rule proposes to establish a security zone in the vicinity of
the Coast Guard Academy in New London, CT. This security zone would
encompass all navigable waters of the Thames River within a 500-yard
radius of Jacobs Rock, located at approximate position 41[deg]22.36'N,
072[deg]05.66'W. The security zone will not encompass the navigable
channel in the Thames River, so commercial traffic would be able to
pass unimpeded. This security zone would be enforced during visits by
government officials and at times of heighted security threats. Entry
into this zone would be prohibited unless authorized by the COTP, Long
Island Sound. The COTP will notify the maritime community of periods
during which this security zone will be enforced via Notice of
Enforcement, Local Notice to Mariners and Marine Safety Information
Radio Broadcasts.

(3) Updating and Reorganizing Existing Regulations

    We have identified ten regulated areas in 33 CFR 100.114 and eight
regulated areas in 33 CFR 165.151 as unnecessary. One exception is
event 7.1 in Table 1, American legion Post 83 Fireworks; this event
still occurs annually, however it is also regulated under 33 CFR
165.151(a)(19). These regulations are redundant in that they both
protect waterway users during the event. This rule proposes to remove
the event from 33 CFR 100.114(7.1) because it is unnecessarily
duplicative.
    In addition to removing obsolete regulations, this rule proposes to
reorganize and consolidate existing Sector Long Island Sound COTP Zone
marine event regulations under 33 CFR 165.151 and non-marine event
safety and security zones under 33 CFR 165.154. This action will
eliminate the burden and confusion caused by the current configuration
of numerous individual regulations spread across two CFR parts.

(4) Miscellaneous

    The regulated area established under 33 CFR 165.155 (Northville
Industries Offshore Platform, Riverhead, Long Island, New York-Safety
Zone) is no longer in use. The Coast Guard discussed this regulation at
length with the current Terminal Manager of the offshore platform. The
Terminal Manger

indicated the regulation was written when the platform had a different
owner and since the current owner acquired the platform in 1992 no
liquefied petroleum gas (LPG) transfers have been conducted and there
are no future plans to conduct LPG transfers. The terminal manager has
no objection to this regulation being removed. We therefore propose to
remove 33 CFR 165.155.
    Additionally, in updating 33 CFR 165.154, two areas currently
designated as ``Safety and Security Zones'' in the current 33 CFR
165.154 would be re-designated simply as security zones. Changing these
zones exclusively to security zones is necessary to accurately reflect
their intended purpose: to protect the facility and vessels from
persons or objects that could cause them harm. Dropping the word safety
does not change the size, shape or effectiveness of the zone. What does
change is the legal authority behind the regulation. This update is
necessary to clarify the intent of and authorities used to enforce
these regulations.

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,
as supplemented by Executive Order 13563, 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 minimal.
Although this regulation may have some impact on the public, the
potential impact will be minimized for the following reasons:
    The Coast Guard has previously promulgated safety zones or special
local regulations, in accordance with 33 CFR Parts 100 and 165, for all
event areas contained within this proposed regulation and has not
received notice of any negative impact caused by any of the safety
zones or special local regulations. By establishing a permanent
regulation containing all of these events, the Coast Guard will
eliminate the need to establish individual temporary rules for each
separate event that occurs on an annual basis, thereby limiting the
costs of cumulative regulations.
    Vessels will only be restricted from safety zones and special local
regulation areas for a short duration of time. Vessels may transit in
portions of the affected waterway except for those areas covered by the
proposed regulated areas. Notifications of exact dates and times of the
enforcement period will be made to the local maritime community through
the Local Notice to Mariners and Broadcast Notice to Mariners or
through a Notice of Enforcement in the Federal Register. No new or
additional restrictions would be imposed on vessel traffic.

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 or operators of vessels
intending to transit or anchor in the designated regulated area during
the enforcement periods.
    The regulated areas will not have a significant economic impact on
a substantial number of small entities for the following reasons: The
regulated areas will be of limited size and of short duration; vessels
that can safely do so may navigate in all other portions of the
waterways except for the areas designated as regulated areas; these
regulated areas have been promulgated in the past with no public
comments submitted. Additionally, before the effective period, the
Coast Guard will issue notice of the time and location of each
regulated area through a Local Notice to Mariners and Broadcast Notice
to Mariners.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Petty Officer Joseph Graun,
Waterways Management Division at Coast Guard Sector Long Island Sound,
telephone<PHONE_NUMBER>, e-mail<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 would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

    This proposed rule would 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 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 rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
    A preliminary environmental analysis checklist supporting this
determination is available in the docket where indicated under
ADDRESSES. This proposed rule involves the establishment of a security
zone and water activities including fireworks displays, swim events,
and other marine events. This rule may be categorically excluded, under
figure 2-1, paragraphs (1) and (34) (g) & (h) of the instruction. We
seek any comments or information that may lead to the discovery of a
significant environmental impact from this proposed rule.

List of Subjects

33 CFR Part 100

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

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 parts 100 and 165 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 a new Sec.  100.100 to read as follows:

Sec.  100.100  Special Local Regulations; Regattas and Boat Races in
the Coast Guard Sector Long Island Sound Captain of the Port Zone.

    The following regulations apply to the marine events listed in the
TABLE to Sec.  100.100. These regulations will be enforced for the
duration of each event, on or about the dates indicated. Annual notice
of the exact dates and times of the effective period of the regulations
with respect to each event, the geographical area, and details
concerning the nature of the event and the number of participants and
type(s) of vessels involved will be published in a Local Notices to
Mariners and broadcast over VHF. First Coast Guard District Local
Notice to Mariners can be found at: http://www.navcen.uscg.gov/.
    Although listed in the Code of Federal Regulations, sponsors of
events listed in TABLE to Sec.  100.100 are still required to submit
marine event applications in accordance with 33 CFR 100.15.
    (a) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Long Island Sound (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (b) Vessel operators desiring to enter or operate within the
regulated areas shall contact the COTP or the designated representative
via VHF channel 16.
    (c) Vessels may not transit the regulated areas without the COTP or
designated representative approval. Vessels permitted to transit must
operate at a no wake speed, in a manner which will not endanger
participants or other crafts in the event.
    (d) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
    (e) The COTP or designated representative may control the movement
of all vessels in the regulated area. When hailed or signaled by an
official patrol vessel, a vessel shall come to an immediate stop and
comply with the lawful directions issued. Failure to comply with a
lawful direction may result in expulsion from the area, citation for
failure to comply, or both.

    (f) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
    (g) For all power boat races listed, vessels not participating in
this event, swimmers, and personal watercraft of any nature are
prohibited from entering or moving within the regulated area unless
authorized by the COTP or designated representative. Vessels within the
regulated area must be at anchor within a designated spectator area or
moored to a waterfront facility in a way that will not interfere with
the progress of the event.

                         Table to Sec.   100.100
------------------------------------------------------------------------

------------------------------------------------------------------------
1.1 Harvard-Yale Regatta,       Event type: Boat Race.
 Thames River, New London, CT.
                                Date: May or June.
                                Location: All waters of the
                                Thames River at New London, Connecticut,
                                from the Penn Central Draw Bridge to
                                Bartlett Cove.
                                Additional stipulations:
                                Spectator vessels must be at anchor
                                within a designated spectator area or
                                moored to a waterfront facility within
                                the regulated area in such a way that
                                they shall not interfere with the
                                progress of the event at least 30
                                minutes prior to the start of the races.
                                They must remain moored or at anchor
                                until the men's varsity have passed
                                their positions. At that time, spectator
                                vessels located south of the Harvard
                                Boathouse may proceed downriver at a
                                reasonable speed. Vessels situated
                                between the Harvard Boathouse and the
                                finish line must remain stationary until
                                both crews return safely to their
                                boathouses. If for any reason the men's
                                varsity crew race is postponed,
                                spectator vessels will remain in
                                position until notified by Coast Guard
                                or regatta patrol personnel. The last
                                1000 feet of the race course near the
                                finish line will be delineated by four
                                temporary white buoys provided by the
                                sponsor. All spectator craft shall
                                remain behind these buoys during the
                                event. Spectator craft shall not anchor:
                                To the west of the race course, between
                                Scotch Cap and Bartlett Point Light, or
                                within the race course boundaries or in
                                such a manner that would allow their
                                vessel to drift or swing into the race
                                course. During the effective period all
                                vessels shall proceed at a speed not to
                                exceed six knots in the regulated area.
                                Spectator vessels shall not follow the
                                crews during the races. Swimming is
                                prohibited in the vicinity of the race
                                course during the races. A vessel
                                operating in the vicinity of the
                                Submarine Base may not cause waves which
                                result in damage to submarines or other
                                vessels in the floating drydocks.
1.2 Great Connecticut River     Event type: Boat Race.
 Raft Race, Middletown, CT.
                                Date: Last Saturday in July or
                                the first Saturday in August from 10
                                a.m. to 2 p.m.
                                Location: All waters of the
                                Connecticut River between Dart Island
                                (Marker no. 73) and Portland Shoals
                                (Marker no. 92), Middletown, CT.
1.3 Head of the Connecticut     Event type: Boat Race.
 Regatta, Connecticut River,
 CT.
                                Date: The second Saturday of
                                October or as published in the Local
                                Notice to Mariners.
                                Location: All waters of the
                                Connecticut River between the southern
                                tip of Gildersleeve Island and Light
                                Number 87.
                                Additional stipulations: Vessels
                                less than 20 meters in length will be
                                allowed to transit the regulated area
                                only under escort and at the discretion
                                of the Coast Guard patrol commander.
                                Vessels over 20 meters in length will be
                                allowed to transit the regulated area,
                                under escort, from 12:30 p.m. to 1:45
                                p.m. or as directed by the Coast Guard
                                patrol commander. All transiting vessels
                                shall operate at ``No Wake'' speed or
                                five knots, whichever is slower.
                                Southbound vessels awaiting escort
                                through the regulated area will wait in
                                the vicinity of the southern tip of
                                Gildersleeve Island. Northbound vessels
                                awaiting escort will wait at Light
                                Number 87.
1.4 Riverfront Regatta,         Event type: Regatta.
 Hartford, CT.
                                Date: The first Sunday of
                                October, from 8:30 a.m. to 4:30 p.m.
                                Location: All water of the
                                Connecticut River, Hartford, CT, between
                                the Putnum Bridge 41[deg]42.87' N
                                072[deg]38.43' W and the Riverside Boat
                                House 41[deg]46.42' N, 072[deg]39.83' W
                                (NAD 83).
1.5 Patchogue Grand Prix,       Event type: Boat Race.
 Patchogue, NY.
                                Date: The last weekend of August
                                Friday, Saturday and Sunday, 11 a.m.
                                until 5 p.m.
                                Location: All water of the Great
                                South Bay, off Shorefront Park,
                                Patchogue, NY from approximate position:
                                Beginning at a point off Sand Spit Park,
                                Patchogue, NY at position 40[deg]44'45''
                                N, 073[deg]00'51'' W then running south
                                to a point in Great South Bay at
                                position 40[deg]43'46''N,
                                073[deg]00'51'' W then running south
                                east to position 40[deg]43'41'' N,
                                073[deg]00'20'' W then running north
                                east to position 40[deg]43'54'' N,
                                072[deg]58'46'' W then east to position
                                40[deg]43'58'' N, 072[deg]57'32'' W then
                                east to position 40[deg]43'57'' N,
                                072[deg]56'49'' W then north to position
                                40[deg]44'18'' N, 072[deg]56'49'' W then
                                west to position 40[deg]44'18'' N,
                                072[deg]57'32'' W then north west to
                                position 40[deg]44'30'' N,
                                072[deg]58'32'' W then north west to
                                position 40[deg]44'33'' N,
                                072[deg]59'12'' W then north west to
                                position 40[deg]44'41'' N,
                                072[deg]59'51'' W then north west to
                                position 40[deg]44'46'' N,
                                073[deg]00'04'' W and then closing the
                                zone at position 40[deg]44'45'' N,
                                073[deg]00'51'' W (NAD 83).
1.6 Riverfront U.S. Title       Event type: Boat Race.
 series Powerboat Race,
 Hartford, CT.
                                Date: Labor Day weekend, 10 a.m.
                                until 6 p.m. Friday and Saturday and
                                12:01 p.m. until 6 p.m. on Sunday.

                                Location: All water of the
                                Connecticut River, Hartford, CT, between
                                the Founders Bridge on the North
                                approximate position 41[deg] 45'53.47''
                                N, 072[deg]39'55.77'' W and 41[deg]
                                45'37.39'' N, 072[deg]39'47.49'' W (NAD
                                83) to the South.
------------------------------------------------------------------------

    3. Remove the following entries in the ``Fireworks Display Table''
in Sec.  100.114 (along with the associated ``Connecticut'' titles) as
follows: 6.2, 7.1, 7.2, 7.4, 7.5, 7.10, 7.11, 7.29, 7.30, 7.31, 7.32,
7.33, 7.35, 7.36, 7.37, 7.39, 7.40, 8.1, 8.3, 8.4, 8.6, 9.3, 9.5, 9.6,
12.4.
    4. Remove Sec. Sec.  100.101, 100.102, 100.105, 100.106, 100.121,
100.122, 100.124.

PART 165--REGULATED NAVIGATION AREA AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapters 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    6. Remove Sec.  165.140, 165.152, 165.155, 165.158, 165.159.
    7. Revise Sec.  165.151 to read as follows:

Sec.  165.151  Safety Zones; Fireworks Displays, Airshows and Swim
Events in the Captain of the Port Long Island Sound Zone.

    (a) Regulations.
    The general regulations contained in 33 CFR 165.23 as well as the
following regulations apply to the fireworks displays, air shows, and
swim events listed in TABLES 1 and 2 to Sec.  165.151.
    These regulations will be enforced for the duration of each event.
Notifications of exact dates and times of the enforcement period will
be made to the local maritime community through the Local Notice to
Mariners and Broadcast Notice to Mariners or through a Notice of
Enforcement in the Federal Register. Mariners should consult the
Federal Register or their Local Notice to Mariners to remain apprised
of schedule or event changes. First Coast Guard District Local Notice
to Mariners can be found at http://www.navcen.uscg.gov/.
    Although listed in the Code of Federal Regulations, sponsors of
events listed in TABLES 1 and 2 to Sec.  165.151 are still required to
submit marine event applications in accordance with 33 CFR 100.15.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port, Sector
Long Island Sound (COTP), to act on his or her behalf. The designated
representative may be on an official patrol vessel or may be on shore
and will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (3) Spectators. All persons and vessels not registered with the
event sponsor as participants or official patrol vessels.
    (b) Vessel operators desiring to enter or operate within the
regulated areas should contact the COTP or the designated
representative via VHF channel 16 to obtain permission to do so.
    (c) Spectators or other vessels shall not anchor, block, loiter, or
impede the transit of event participants or official patrol vessels in
the regulated areas during the effective dates and times, or dates and
times as modified through the Local Notice to Mariners, unless
authorized by COTP or designated representative.
    (d) Upon being hailed by a U.S. Coast Guard vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. Failure to
comply with a lawful direction may result in expulsion from the area,
citation for failure to comply, or both.
    (e) The COTP or designated representative may delay or terminate
any marine event in this subpart at any time it is deemed necessary to
ensure the safety of life or property.
    (f) The regulated area for all fireworks displays listed in TABLE 1
to Sec.  165.151 is that area of navigable waters within a 1000 foot
radius of the launch platform or launch site for each fireworks
display, unless otherwise noted in TABLE 1 to Sec.  165.151 or modified
in USCG First District Local Notice to Mariners at: http://www.navcen.uscg.gov/.
    (g) The regulated area for all air shows is the entire geographic
area described as the location for that show unless otherwise noted in
TABLE 1 to Sec.  165.151 or modified in USCG First District Local
Notice to Mariners at: http://www.navcen.uscg.gov/.
    (h) Fireworks barges used in these locations will also have a sign
on their port and starboard side labeled ``FIREWORKS--STAY AWAY.'' This
sign will consist of 10 inch high by 1.5 inch wide red lettering on a
white background. Shore sites used in these locations will display a
sign labeled ``FIREWORKS--STAY AWAY'' with the same dimensions. These
zones will be enforced from 8:30 p.m. to 10:30 p.m. each day a barge
with a ``FIREWORKS--STAY AWAY'' sign on the port and starboard side is
on-scene or a ``FIREWORKS--STAY AWAY'' sign is posted in a location
listed in TABLE 1 to Sec.  165.151.
    (i) For all swim events listed in TABLE 2 to Sec.  165.151, vessels
not associated with the event shall maintain a separation of at least
100 yards from the participants.

                       Table 1--to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
                                 5--May
------------------------------------------------------------------------
5.1 Jones Beach Air Show.....   Location: Waters of Atlantic
                                Ocean off of Jones Beach State Park,
                                Wantagh, NY. In approximate positions
                                40[deg]35'06'' N, 073[deg]32'37'' W,
                                then running east along the shoreline of
                                Jones Beach State Park to approximate
                                position 40[deg]35'49'' N,
                                073[deg]28'47'' W; then running south to
                                a position in the Atlantic Ocean off of
                                Jones Beach at approximate position
                                40[deg]35'05'' N, 073[deg]28'34'' W;
                                then running West to approximate
                                position 40[deg]34'23'' N,
                                073[deg]32'23'' W; then running North to
                                the point of origin. (NAD 83).
------------------------------------------------------------------------

                                 6--June
------------------------------------------------------------------------
6.1 Barnum Festival Fireworks   Date: last weekend in June.
                                Rain Date: following day.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Bridgeport
                                Harbor, Bridgeport, CT in approximate
                                position 41[deg]9'04'' N,
                                073[deg]12'49'' W (NAD 83).
6.2 Town of Branford            Location: Waters of Branford
 Fireworks.                     Harbor, Branford, CT in approximate
                                position, 41[deg]15'30'' N,
                                072[deg]49'22'' W (NAD 83).
------------------------------------------------------------------------
6.3 Vietnam Veterans/Town of    Location: Waters off Cosey
 East Haven Fireworks.          Beach, East Haven, CT in approximate
                                position, 41[deg]14'19'' N,
                                072[deg]52'9.8'' W (NAD 83).
------------------------------------------------------------------------
                                 7--July
------------------------------------------------------------------------
7.1 Point O'Woods Fire          Location: Waters of the Great
 Company Summer Fireworks.      South Bay, Point O'Woods, NY in
                                approximate position 40[deg]39'18.57''
                                N, 073[deg]08'5.73'' W (NAD 83).
7.2 Cancer Center for Kids      Location: Waters off of
 Fireworks.                     Bayville, NY in approximate position
                                40[deg]54'38.20'' N, 073[deg]34'56.88''
                                W (NAD 83).
7.3 City of Westbrook, CT       Location: Waters of Westbrook
 July Celebration Fireworks.    Harbor, Westbrook, CT in approximate
                                position, 41[deg]16'10.50'' N,
                                072[deg]26'14'' W (NAD 83).
7.4 Norwalk Fireworks.          Location: Waters off Calf
                                Pasture Beach, Norwalk, CT in
                                approximate position, 41[deg]04'50'' N,
                                073[deg]23'22'' W (NAD 83).
7.5 Lawrence Beach Club         Location: Waters of the Atlantic
 Fireworks.                     Ocean off Lawrence Beach Club, Atlantic
                                Beach, NY in approximate position
                                40[deg]34'42.65'' N, 073[deg]42'56.02''
                                W (NAD 83).
7.6 Sag Harbor Fireworks.....   Location: Waters of Sag Harbor
                                Bay off Havens Beach, Sag Harbor, NY in
                                approximate position 41[deg]00'26'' N,
                                072[deg]17'9'' W (NAD 83).
7.7 South Hampton fresh Air     Location: Waters of Shinnecock
 Home Fireworks.                Bay, Southampton, NY in approximate
                                positions, 40[deg]51'48'' N,
                                072[deg]26'30'' W (NAD 83).
7.8 Westport Police Athletic    Location: Waters off Compo
 league Fireworks.              Beach, Westport, CT in approximate
                                position, 41[deg]06'15'' N,
                                073[deg]20'57'' W (NAD 83).
7.9 City of Middletown          Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the
                                Connecticut River, Middletown Harbor,
                                Middletown, CT in approximate position
                                41[deg]33'44.47'' N, 072[deg]38'37.88''
                                W (NAD 83).
7.10 City of New Haven          Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of New Haven
                                Harbor, off Long Warf Park, New Haven,
                                CT in approximate position
                                41[deg]17'24'' N, 072[deg]54'55.8'' W
                                (NAD 83).
7.11 City of Norwich July       Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the Thames
                                River, Norwich, CT in approximate
                                position, 41[deg]31'16.835'' N,
                                072[deg]04'43.327'' W (NAD 83).
7.12 City of Stamford           Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Fisher's
                                Westcott Cove, Stamford, CT in
                                approximate position 41[deg]02'09.56''
                                N, 073[deg]30'57.76'' W (NAD 83).
7.13 City of West Haven         Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of New Haven
                                Harbor, off Bradley Point, West Haven,
                                CT in approximate position
                                41[deg]15'07'' N, 072[deg]57'26'' W (NAD
                                83).
7.14 CDM Chamber of Commerce    Date: July 4, 2010.
 Annual Music Fest Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters off of Cedar
                                Beach Town Park, Mount Sinai, NY in
                                approximate position 40[deg]57'59.58''
                                N, 073[deg]01'57.87'' W (NAD 83).
7.15 Davis Park Fireworks....   Date: July 4, 2010.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.

                                Location: Waters of the Great
                                South Bay, Davis Park, NY in approximate
                                position, 40[deg]41'17'' N,
                                073[deg]00'20'' W (NAD 83).
7.16 Fairfield Aerial           Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Jennings
                                Beach, Fairfield, CT in approximate
                                position 41[deg]08'22'' N,
                                073[deg]14'02'' W (NAD 83).
7.17 Fund in the Sun            Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the Great
                                South Bay off The Pines, East Fire
                                Island, NY in approximate position
                                40[deg]40'07.43'' N, 073[deg]04'13.88''
                                W. (NAD 83).
7.18 Hartford Riverfest         Date: July 4, 2010.
 Fireworks.
                                Rain Date: July 5, 2010.
                                Time 9:00 p.m. to 10:30 p.m.
                                Location: Waters of the
                                Connecticut River off Hartford, CT in
                                approximate position 41[deg]45'21'' N,
                                072[deg]39'28'' W (NAD 83).
7.19 Independence Day           Date: July 4, 2010.
 Celebration Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters off of Umbrella
                                Beach, Montauk, NY in approximate
                                position 41[deg]01'44'' N,
                                071[deg]57'13'' W (NAD 83).
7.20 Jones Beach State Park     Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters off of Jones
                                Beach State Park, Wantagh, NY in
                                approximate position 40[deg]34'56.676''
                                N, 073[deg]30'31.186'' W (NAD 83).
7.21 Madison Cultural Arts      Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Long Island
                                Sound off of, Madison, CT in approximate
                                position 41[deg]16'10'' N,
                                072[deg]36'30'' W (NAD 83).
7.22 Mason's Island Yacht       Date: July 4, 2010.
 Club Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Fisher's
                                Island Sound, Noank, CT in approximate
                                position 41[deg]19'30.61'' N,
                                071[deg]57'48.22'' W (NAD 83).
7.23 Patchogue Chamber of       Date: July 4, 2010.
 Commerce Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the Great
                                South Bay, Patchogue, NY in approximate
                                position, 40[deg]44'38'' N,
                                073[deg]00'33'' W (NAD 83).
7.24 Riverfest Fireworks.       Date: July 4, 2010.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of the
                                Connecticut River Hartford, CT in
                                approximate positions, 41[deg]45'39.93''
                                N, 072[deg]39'49.14'' W (NAD 83).
7.25 Village of Asharoken       Date: July 4, 2010.
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Northport
                                Bay, Asharoken, NY in approximate
                                position, 41[deg]55'54.04'' N,
                                073[deg]21'27.97'' W (NAD 83).
7.26 Village of Port            Date: July 4, 2010.
 Jefferson Fourth of July
 Celebration Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.
                                Location: Waters of Port
                                Jefferson Harbor Port Jefferson, NY in
                                approximate position 40[deg]57'10.11''
                                N, 073[deg]04'28.01'' W (NAD 83).
7.27 Village of Quoque          Date: July 4, 2010.
 Foundering Anniversary
 Fireworks.
                                Rain date: July 5, 2010.
                                Time: 8:30 p.m. to 10:30 p.m.

                                Location: Waters of Quantuck
                                Bay, Quoque, NY in approximate position
                                40[deg]48'42.99'' N, 072[deg]37'20.20''
                                W (NAD 83).
7.28 City of Long Beach         Location: Waters off Riverside
 Fireworks.                     Blvd, City of Long Beach, NY in
                                approximate position 40[deg]34'38.77''
                                N, 073[deg]39'41.32'' W (NAD 83).
7.29 Great South Bay Music      Location: Waters of Great South
 Festival Fireworks.            Bay, off Bay Avenue, Patchogue, NY in
                                approximate position 40[deg]44'45'' N,
                                073[deg]00'25'' W (NAD 83).
7.30 Mashantucket Pequot        Location: Waters of the Thames
 Fireworks.                     River New London, CT in approximate
                                positions Barge 1, 41[deg]21'03.03'' N,
                                072[deg]5'24.5'' W Barge 2,
                                41[deg]20'51.75'' N, 072[deg]5'18.90'' W
                                (NAD 83).
7.31 Shelter Island Fireworks   Location: Waters of Gardiner
                                Bay, Shelter Island, NY in approximate
                                position 41[deg]04'39.11'' N,
                                072[deg]22'01.07'' W (NAD 83).
7.32 Thames River Fireworks..   Location: Waters of the Thames
                                River off the Electric Boat Company,
                                Groton, CT in approximate position
                                41[deg]20'38.75'' N, 072[deg]05'12.22''
                                W (NAD 83).
7.33 Clam Shell Foundation      Location: Waters of Three Mile
 Fireworks.                     Harbor, East Hampton, NY in approximate
                                position 41[deg]1'15.49'' N,
                                072[deg]11'27.50'' W (NAD 83).
7.34 Town of North Hempstead    Location: Waters of Hempstead
 Bar Beach Fireworks.           Harbor, North Hempstead, NY in
                                approximate position 40[deg]49'54'' N,
                                073[deg]39'14'' W (NAD 83).
7.35 Groton Long Point Yacht    Location: Waters of Long Island
 Club Fireworks.                Sound, Groton, CT in approximate
                                position 41[deg]18'05'' N,
                                072[deg]02'08'' W (NAD 83).
------------------------------------------------------------------------
                                8--August
------------------------------------------------------------------------
8.1 Pyro-FX Entertainment       Location: Waters of the
 Group Fireworks.               Connecticut River off Chester, CT in
                                approximate position 41[deg]24'40.76''
                                N, 072[deg]25'32.65'' W (NAD 83).
8.2 Port Washington Sons of     Location: Waters of Hempstead
 Italy Fireworks.               Harbor off Bar Beach, North Hempstead,
                                NY in approximate position
                                40[deg]49'48.04'' N, 073[deg]39'24.32''
                                W (NAD 83).
8.3 Village of Bellport         Location: Waters of Bellport
 Fireworks.                     Bay, off Bellport Dock, Bellport, NY in
                                approximate position 40[deg]45'01.83''
                                N, 072[deg]55'50.43'' W (NAD 83).
8.4 Taste of Italy Fireworks.   Location: Waters of Norwich
                                Harbor, off Norwich marina, Norwich, CT
                                in approximate position
                                41[deg]31'17.72'' N, 072[deg]04'43.41''
                                W (NAD 83).
8.5 Old Black Point Beach       Location: Waters off Old Black
 Association Fireworks.         Point Beach East Lyme, CT in approximate
                                position, 41[deg]17'34.9'' N,
                                072[deg]12'55'' W (NAD 83).
8.6 Town of Babylon Fireworks   Location: Waters off of Cedar
                                Beach Town Park, Babylon, NY in
                                approximate position 40[deg]37'53'' N,
                                073[deg]20'12'' W (NAD 83).
------------------------------------------------------------------------
                              9--September
------------------------------------------------------------------------
9.1 East Hampton Fire           Location: Waters off Main Beach,
 Department Fireworks.          East Hampton, NY in approximate position
                                40[deg]56'40.28'' N, 072[deg]11'21.26''
                                W (NAD 83).
9.2 Town of Islip Labor Day     Location: Waters of Great South
 Fireworks.                     Bay off Bay Shore Marina, Islip, NY in
                                approximate position 40[deg]42'24'' N,
                                073[deg]14'24'' W (NAD 83).
9.3 Village of Island Park      Location: Waters off Village of
 Labor Day Celebration          Island Park Fishing Pier, Village Beach,
 Fireworks.                     NY in approximate position
                                40[deg]36'30.95'' N, 073[deg]39'22.23''
                                W (NAD 83).
------------------------------------------------------------------------

                        Table 2 to Sec.   165.151
------------------------------------------------------------------------

------------------------------------------------------------------------
1.1 Swim Across the Sound....   Location: Waters of Long Island
                                Sound, Port Jefferson, NY to Captain's
                                Cove Seaport, Bridgeport, CT. in
                                approximate positions 40[deg]58'11.71''
                                N, 073[deg]05'51.12'' W, north-westerly
                                to the finishing point at Captain's Cove
                                Seaport 41[deg]09'25.07'' N,
                                073[deg]12'47.82'' W (NAD 83).
1.2 Huntington Bay Open Water   Location: Waters of Huntington
 Championships Swim.            Bay, NY. In approximate positions start/
                                finish at approximate position
                                40[deg]54'25.8'' N, 073[deg]24'28.8'' W,
                                East turn at approximate position
                                40[deg]54'45'' N, 073[deg]23'36.6'' W
                                and a West turn at approximate position
                                40[deg]54'31.2'' N, 073[deg]25'21'' W.
                                [deg]09'25.07'' N, 073[deg]12'47.82'' W
                                (NAD 83).
1.3 Maggie Fischer Memorial     Location: Waters of the Great
 Great South Bay Cross Bay      South Bay, NY. Starting Point at the
 Swim.                          Fire Island Lighthouse Dock in
                                approximate position 40[deg]38'01'' N,
                                073[deg]13'07'' W, northerly through
                                approximate points 40[deg]38'52'' N,
                                073[deg]13'09'' W, 40[deg]39'40'' N,
                                073[deg]13'30'' W, 40[deg]40'30'' N,
                                073[deg]14'00'' W, and finishing at
                                Gilbert Park, Brightwaters, NY at
                                approximate position 40[deg]42'25'' N,
                                073[deg]14'52'' W (NAD 83).
------------------------------------------------------------------------

    8. Revise Sec.  165.154 to read as follows:

Sec.  165.154  Safety and Security Zones; Captain of the Port Long
Island Sound Zone Safety and Security Zones.

    The following areas are designated safety and security zones:
    (a) Security zones.
    (1) Dominion Millstone Nuclear Power Plant, Waterford, CT.
    (i) All navigable waters of Long Island Sound, from surface to
bottom, North and Northeast of a line running from Bay Point, at
approximate position 41[deg]18'34.199'' N., 072[deg]10'24.6'' W., to
Millstone Point at approximate position 41[deg]18'15'' N.,
072[deg]9'57.599'' W. (NAD 83).
    (ii) All navigable waters of Long Island Sound, from surface to
bottom, West of a line starting at 41[deg]18'42'' N.,
072[deg]9'38.998'' W., running south to the Eastern most point of Fox
Island at approximate position 41[deg]18'24.112'' N.,
072[deg]9'39.729'' W. (NAD 83).
    (2) Electric Boat Shipyard, Groton, CT.
    (i) Location. All navigable waters of the Thames River, from
surface to bottom, West of the Electric Boat Corporation Shipyard
enclosed by a line beginning at a point on the shoreline at

41[deg]20'16'' N., 72[deg]04'47'' W.; then running West to
41[deg]20'16'' N., 72[deg]04'57'' W.; then running North to
41[deg]20'26'' N., 72[deg]04'57'' W.; then Northwest to
41[deg]20'28.7'' N., 72[deg]05'01.7'' W.; then North-Northwest to
41[deg]20'53.3'' N., 72[deg]05'04.8'' W.; then North-Northeast to
41[deg]21'02.9'' N., 72[deg]05'04.9'' W.; then East to a point on shore
at 41[deg]21'02.9'' N., 72[deg]04'58.2'' W. (NAD 83).
    (ii) Application. Sections 165.33(a), (e), (f) shall not apply to
public vessels or to vessels owned by, under hire to, or performing
work for the Electric Boat Division when operating in the security
zone.
    (3) Naval Submarine Base, Groton, CT. All navigable waters of the
Thames River, from surface to bottom, West of the Groton Naval
Submarine Base New London, enclosed by a line beginning at a point on
the shoreline at 41[deg]23'15.8'' N., 72[deg]05'17.9'' W.; then to
41[deg]23'15.8'' N., 72[deg]05'22'' W.; then to 41[deg]23'25.9'' N.,
72[deg]05'29.9'' W.; then to 41[deg]23'33.8'' N., 72[deg]05'34.7'' W.;
then to 41[deg]23'37.0'' N., 72[deg]05'38.0'' W.; then to
41[deg]23'41.0'' N., 72[deg]05'40.3'' W.; then to 41[deg]23'47.2'' N.,
72[deg]05'42.3'' W.; then to 41[deg]23'53.8'' N., 72[deg]05'43.7'' W.;
then to 41[deg]23'59.8'' N., 72[deg]05'43.0'' W.; then to
41[deg]24'12.4'' N., 72[deg]05'43.2'' W.; then to a point on the
shoreline at 41[deg]24'14.4'' N., 72[deg]05'38'' W.; then along the
shoreline to the point of beginning (NAD 83).
    (4) U.S. Coast Guard Academy, New London, CT.
    (i) Location. All navigable waters of the Thames River, from
surface to bottom, in a 500-yard radius from Jacobs Rock, approximate
position 41[deg]22.36'N., 072[deg]05.66'W. (NAD 83).
    (ii) Enforcement period. This rule will be enforced during visits
by high ranking officials and times of heighted security threats.
    (iii) Notification. The Captain of the Port will notify the
maritime community of periods during which this security zone will be
enforced via Notice of Enforcement, Local Notice to Mariners and Marine
Safety Information Radio Broadcasts.
    (5) U.S. Coast Guard Vessels, Long Island Sound COTP Zone. All
navigable waters within a 100-yard radius of any anchored U.S. Coast
Guard vessel. For the purposes of this section, U.S. Coast Guard
vessels includes any commissioned vessel or small boat in the service
of the regular U.S. Coast Guard and does not include Coast Guard
Auxiliary vessels
    (b) Safety zones.
    (1) Coast Guard Station Fire Island, Long Island, NY. All navigable
waters of Fire Island Inlet beginning at a point on shore at
40[deg]37.523' N., 073[deg]15.685' W.; then North to 40[deg]37.593' N.,
073[deg]15.719' W.; then East to 40[deg]37.612' N., 073[deg]15.664' W.;
then East to 40[deg]37.630' N., 073[deg]15.610' W.; then East to
40[deg]37.641' N., 073[deg]15.558' W.; then Southeast to 40[deg]37.630'
N., 073[deg]15.475' W.; then Southeast to 40[deg]37.625' N.,
073[deg]15.369' W.; then Southeast to 40[deg]37.627' N.,
073[deg]15.318' W.; then Southeast to point on shore at 40[deg]37.565'
N., 073[deg]15.346' W. (NAD 83).
    (c) Regulations.
    (1) The general regulations contained in Sec.  165.23 and Sec.
165.33 of this part apply. Entering into, remaining within or cause an
article or thing to enter into or remain within these safety and
security zones is prohibited unless authorized by the Captain of the
Port or a designated representative.
    (2) These safety and security zones are closed to all vessel
traffic, except as may be permitted by the Captain of the Port or a
designated representative. Vessel operators given permission to enter
or operate in the security zones must comply with all directions given
to them by the Captain of the Port or a designated representative.
    (3) The ``designated representative'' is any Coast Guard
commissioned, warrant or petty officer who has been designated by the
Captain of the Port to act on his/her behalf. The on-scene
representative may be on a Coast Guard vessel, a state or local law
enforcement vessel, or other designated craft, or may be on shore and
will communicate with vessels via VHF-FM radio or loudhailer. In
addition, members of the Coast Guard Auxiliary may be present to inform
vessel operators of this regulation
    (4) Vessel operators desiring to enter or operate within the
security zones shall request permission to do so by contacting the
Captain of the Port Sector Long Island Sound at<PHONE_NUMBER>, or via
VHF Channel 16.

    Dated: May 6, 2011.
J.M. Vojvodich,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2011-15589 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-04-P


INDEX TO DOCKET EPA-R09-OAR-2017-0092

Proposed Rule: Approval of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plan                                         Index No. Document Date Category / Document Title

EPA Rulemakings    1997-07-31  Proposed Rule - Regional Haze Regulations, 62 FR 41138   1999-07-01  Final Rule - Regional Haze Regulations, 64 FR 35714   2012-07-20 Proposed Rule - Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plans (Phase 1), 77 FR 42834    2012-12-05 Final Rule - Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plans (Phase 1), 77 FR 72512   2012-12-21 Proposed Rule - Partial Approval and Disapproval of Air Quality Implementation Plans; Arizona; Regional Haze and Visibility Impacts of Transport, Ozone and Fine Particulates (Phase 2), 77 FR 75703   2013-05-20 Proposed Rule - Partial Approval and Partial Disapproval of Air Quality State Implementation Plans; Arizona; Regional Haze Requirements (Phase 2), 78 FR 29292   2013-07-30 Final Rule - Approval and Disapproval of Air Quality State Implementation Plans; Arizona; Regional Haze and Interstate Transport Requirements (Phase 2), 78 FR 46141   2014-02-18 Proposed Rule - Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze and Interstate Visibility Transport Federal Implementation Plan (Phase 3), 79 FR 9318   2014-09-03 Final Rule - Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze and Interstate Visibility Transport Federal Implementation Plan (Phase 3), 79 FR 52420    2015-03-31 Proposed Rule - Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze Federal Implementation Plan; Reconsideration, 80 FR 17010   2016-04-13 Final Rule - Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze Federal Implementation Plan; Reconsideration, 81 FR 21735   2016-05-04 Proposed Rule  -  Protection of Visibility: Amendments to Requirements for State Plans, 81 FR 26942   2017-01-10 Final Rule  -  Protection of Visibility: Amendments to Requirements for State Plans, 82 FR 3078   2005-08-01 Proposed Rule  -  Regional Haze Regulations: Revisions to Provisions Governing Alternative to Source-Specific Best Available Retrofit Technology (BART) Determinations, 70 FR 44154   2006-10-13 Final Rule  -  Regional Haze Regulations: Revisions to Provisions Governing Alternative to Source-Specific Best Available Retrofit Technology (BART) Determinations, 71 FR 60612

State Plans, Rules and Supporting Documents     B.1 2011-01 Arizona Regional Haze SIP with Appendices    B.2 2013-05-03 Letter from Eric Massey, ADEQ, to Jared Blumenfeld, EPA, and enclosures (Revision to Arizona Regional Haze SIP)    B.3 2016-12-15 Letter from Timothy S. Franquist, ADEQ, to Alexis Strauss, EPA, and attachments (Coronado SIP Revision)

Additional Documents Considered for Proposed Rulemaking    C.1 2013-02-04 SRP Petition for Reconsideration    C.2 2013-04-09 Letter from Jared Blumenfeld, EPA to Aaron Flynn, Hunton and Williams    C.3 2013-04-09 Letter from Jared Blumenfeld, EPA to Norman W. Fichthorn, Hunton and Williams    C.4 2008-12-19 Consent Decree in United States v. Salt River Project    C.5 2016-06 Revised Better-than-BART Analysis for the Coronado Generating Station using the CAMx Photochemical Grid Model, 06-35855C, Prepared for Salt River Project, Ramboll Environ US Corporation    C.6 2015-08 Draft Modeling Plan for Conducting Better-than-BART Analysis for the Coronado Generating Station using a Photochemical Grid Model  -  Revision#1", 06-35855A, Prepared for Salt River Project, Ramboll Environ US Corporation    C.7 2017-02-27  "FIP Requirement comparison.xlsx"     C.8 2016-09-27 Letter from Douglas Ducey, Arizona to Alexis Strauss, EPA; Ozone Designation Recommendations from the State of Arizona    C.9 2002-11-18 Memorandum from Lydia Wegman and Peter Tsirigotis, 2002 Base Year Emission Inventory SIP Planning: 8-hr Ozone, PM2.5, and Regional Haze Programs    C.10 2010-10-07 Federal Land Managers' Air Quality Related Values Work Group (FLAG), Phase I Report -- Revised, National Park Service    C.11 2006-01 Revised IMPROVE Algorithm for Estimating Light Extinction from Particle Speciation Data, IMPROVE technical subcommittee for algorithm review

D.

Notice of Proposed Rulemaking

E.

Public Comments Received on Proposed Rule

[reserved]

F.

Additional Documents Considered for Final Rulemaking

[reserved]

G.

Notice of Final Rulemaking

[reserved]


[Federal Register Volume 86, Number 37 (Friday, February 26, 2021)]
[Notices]
[Pages 11806-11807]
[FR Doc No: 2021-04043]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34200; 812-15134]

Russell Investment Company, et al.; Notice of Application

February 23, 2021.
AGENCY:  Securities and Exchange Commission (``Commission'').

ACTION:  Notice of an application under Section 6(c) of the Investment
Company Act of 1940 (``Act'') for an exemption from Section 15(c) of
the Act.

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

Applicants:  Russell Investment Company and Russell Investment Funds
(each a ``Trust,'' and collectively the ``Trusts''), each a
Massachusetts business trust registered under the Act as an open-end
management investment company with multiple series and Russell
Investment Management, LLC (``Adviser''), a Washington limited
liability company registered as an investment adviser under the
Investment Advisers Act of 1940 (``Advisers Act'') that serves an
investment adviser to such series (collectively the ``Applicants'').

Summary of Application:  The requested exemption would permit each
Trust's board of trustees (the ``Board'') to approve new sub-advisory
agreements and material amendments to existing sub-advisory agreements
for the Subadvised Series (as defined below), without complying with
the in-person meeting requirement of Section 15(c) of the Act.

Filing Dates:  The application was filed on June 8, 2020, and amended
on October 2, 2020, and January 19, 2021.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing by emailing the Commission's
Secretary at<EMAIL_ADDRESS>and serving Applicants with a
copy of the request by email. Hearing requests should be received by
the Commission by 5:30 p.m. on March 26, 2021, and should be
accompanied by proof of service on the Applicants, in the form of an
affidavit, or, for lawyers, a certificate of service. Pursuant to rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by emailing the Commission's Secretary.

ADDRESSES:  The Commission<EMAIL_ADDRESS>Applicants: Mary
Beth Albaneze, Esq., Associate General Counsel, Russell Investment
Management, LLC at<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT:  Bruce R. MacNeil, Senior Counsel, at
(202) 551-6817, or Kaitlin C. Bottock, Branch Chief, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  The following is a summary of the
application. The complete application may be obtained via the
Commission's website by searching for the file number or an Applicant
using the ``Company'' name box, at http://www.sec.gov/search/search.htm
or by calling<PHONE_NUMBER>.

I. Requested Exemptive Relief

    1. Applicants request an exemption from Section 15(c) of the Act to
permit the Board,\1\ including the Independent Board Members,\2\ to
approve an agreement (each a ``Sub-Advisory Agreement'') pursuant to
which a sub-adviser manages all or a portion of the assets of one or
more of the series, or a material amendment thereof (a ``Sub-Adviser
Change''), without complying with the in-person meeting requirement of
Section 15(c).\3\ Under the requested relief, the Independent Board
Members could instead approve a Sub-Adviser Change at a meeting at
which members of the Board participate by any means of communication
that allows them to hear each other simultaneously during the meeting.
---------------------------------------------------------------------------

    \1\ The term ``Board'' also includes the board of trustees or
directors of a future Subadvised Series (as defined below).
    \2\ The term ``Independent Board Members'' means the members of
the Board who are not parties to the Sub-Advisory Agreement (as
defined below), or ``interested persons'', as defined in Section
2(a)(19) of the Act, of any such party.
    \3\ Applicants do not request relief that would permit the Board
and the Independent Board Members to approve renewals of Sub-
Advisory Agreements at non-in-person meetings.
---------------------------------------------------------------------------

    2. Applicants request that the relief apply to Applicants, as well
as to any future series of each Trust and any other existing or future
registered open-end management investment company or series thereof
that intends to rely on the requested order in the future and that: (i)
Is advised by the Adviser; \4\ (ii) uses the multi-manager structure
described in the application; and (iii) complies with the terms and
conditions of the application (each, a ``Subadvised Series'').\5\
---------------------------------------------------------------------------

    \4\ The term ``Adviser'' includes (i) the Adviser or its
successors, and (ii) any entity controlling, controlled by or under
common control with, the Adviser or its successors. For the purposes
of the requested order, ``successor'' is limited to an entity or
entities that result from a reorganization into another jurisdiction
or a change in the type of business organization.
    \5\ All registered open-end investment companies that currently
intend to rely on the requested order are named as applicants. Any
entity that relies on the requested order will do so only in
accordance with the terms and conditions contained in the
application.
---------------------------------------------------------------------------

II. Management of the Subadvised Series

    3. The Adviser will serve as the investment adviser to each
Subadvised Series pursuant to an investment advisory agreement with
each Trust (each an ``Advisory Agreement''). The Adviser, subject to
the oversight of the Board, will provide continuous investment
management services to each Subadvised Series. Applicants are not
seeking an exemption from the Act with respect to the Advisory
Agreements.
    4. Applicants state that the Subadvised Series may seek to provide
exposure to multiple strategies across various asset classes, thus
allowing investors to more easily access such strategies without the
additional transaction costs and administrative burdens of investing in
multiple funds to seek to achieve comparable exposures.
    5. To that end, the Adviser may achieve its desired exposures to
specific strategies by allocating discrete portions of the Subadvised
Series' assets to various sub-advisers. Consistent with the terms of
each Advisory Agreement and subject to the Board's approval,\6\ the
Adviser would delegate management of all or a portion of the assets of
a Subadvised Series to a sub-adviser.\7\ Each sub-adviser would be an
``investment adviser'' to the Subadvised Series within the meaning of
Section

2(a)(20) of the Act.\8\ The Adviser would retain overall responsibility
for the management and investment of the assets of each Subadvised
Series.
---------------------------------------------------------------------------

    \6\ A Sub-Advisory Agreement may also be subject to approval by
a Subadvised Series' shareholders. Applicants currently rely on a
multi-manager exemptive order to enter into and materially amend
Sub-Advisory Agreements without obtaining shareholder approval. See
Frank Russell Company, et al., Investment Company Act Release Nos.
30524 (May 17, 2013) (notice) and 30556 (Jun. 12, 2013) (order).
    \7\ A sub-adviser may manage the assets of a Subadvised Series
directly or provide the Adviser with model portfolio or investment
recommendation(s) that would be utilized in connection with the
management of a Subadvised Series.
    \8\ Each sub-adviser would be registered with the Commission as
an investment adviser under the Advisers Act or not subject to such
registration.
---------------------------------------------------------------------------

III. Applicable Law

    6. Section 15(c) of the Act prohibits a registered investment
company having a board from entering into, renewing or performing any
contract or agreement whereby a person undertakes regularly to act as
an investment adviser (including a sub-adviser) to the investment
company, unless the terms of such contract or agreement and any renewal
thereof have been approved by the vote of a majority of the investment
company's board members who are not parties to such contract or
agreement, or interested persons of any such party, cast in person at a
meeting called for the purpose of voting on such approval.
    7. Section 6(c) of the Act provides that the Commission may exempt
any person, security, or transaction or any class or classes of
persons, securities, or transactions from any provisions of the Act, or
any rule thereunder, if such exemption is necessary or appropriate in
the public interest and consistent with the protection of investors and
the purposes fairly intended by the policy and provisions of the Act.
Applicants state that the requested relief meets this standard for the
reasons discussed below.

IV. Arguments in Support of the Requested Relief

    8. Applicants assert that boards of registered investment
companies, including the Board, typically hold in-person meetings on a
quarterly basis. Applicants state that during the three to four month
period between board meeting dates, market conditions may change or
investment opportunities may arise such that the Adviser may wish to
make a Sub-Adviser Change. Applicants also state that at these moments
it may be impractical, and/or costly to hold an additional in-person
Board meeting, especially given the geographic diversity of Board
members and the additional cost of holding in-person meetings.
    9. As a result, Applicants believe that the requested relief would
allow the Subadvised Series to operate more efficiently. In particular,
Applicants assert that without the delay inherent in holding in-person
Board meetings (and the attendant difficulty of obtaining the necessary
quorum for, and the additional costs of, an unscheduled in-person Board
meeting), the Subadvised Series would be able to act quicker and with
less expense to add or replace sub-advisers when the Board and the
Adviser believe that a Sub-Adviser Change would benefit the Subadvised
Series.
    10. Applicants also note that the in-person meeting requirement in
Section 15(c) of the Act was designed to prohibit absentee approval of
advisory agreements. Applicants state that condition 1 to the requested
relief is designed to avoid such absentee approval by requiring that
the Board approve a Sub-Adviser Change at a meeting where all
participating Board members can hear each other and be heard by each
other during the meeting.\9\
---------------------------------------------------------------------------

    \9\ Applicants state that technology that includes visual
capabilities will be used unless unanticipated circumstances arise.
Applicants also state that the Board could not rely upon the relief
to approve a Sub-Advisory Agreement by written consent or another
form of absentee approval by the Board.
---------------------------------------------------------------------------

    11. Applicants, moreover, represent that the Board would conduct
any such non-in-person consideration of a Sub-Advisory Agreement in
accordance with its typical process for approving Sub-Advisory
Agreements. Consistent with Section 15(c) of the Act, the Board would
request and evaluate such information as may reasonably be necessary to
evaluate the terms of any Sub-Advisory Agreement, and the Adviser and
sub-adviser would provide such information.
    12. Finally, Applicants note that that if one or more Board members
request that a Sub-Adviser Change be considered in-person, then the
Board would not be able to rely on the relief and would have to
consider the Sub-Adviser Change at an in-person meeting.

V. Applicants' Conditions

    Applicants agree that any order granting the requested relief will
be subject to the following conditions:
    1. The Independent Board Members will approve the Sub-Adviser
Change at a non-in-person meeting in which Board members may
participate by any means of communication that allows those Board
members participating to hear each other simultaneously during the
meeting.
    2. Management will represent that the materials provided to the
Board for the non-in-person meeting include the same information the
Board would have received if approval of a Sub-Adviser Change were
sought at an in-person Board meeting.
    3. The notice of the non-in-person meeting will explain the need
for considering the Sub-Adviser Change at a non-in-person meeting. Once
notice of the non-in-person meeting to consider a Sub-Adviser Change is
sent, Board members will be given the opportunity to object to
considering the Sub-Adviser Change at a non-in-person Board meeting. If
a Board member requests that the Sub-Adviser Change be considered in-
person, the Board will consider the Sub-Adviser Change at an in-person
meeting, unless such request is rescinded.
    4. A Subadvised Series' ability to rely on the requested relief
will be disclosed in the Subadvised Series' registration statement.
    5. In the event that the Commission adopts a rule under the Act
providing substantially similar relief to that in the order requested
in the Application, the requested order will expire on the effective
date of that rule.

    For the Commission, by the Division of Investment Management,
under delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-04043 Filed 2-25-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Notices]
[Pages 21230-21232]
[FR Doc No: 2020-07980]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2020-0140; FRL-10008-42-OGC]

Proposed Settlement Agreements, Safe Drinking Water Act Claims

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for public comment.

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

SUMMARY: In accordance with the Environmental Protection Agency (EPA)
Administrator's October 16, 2017, Directive Promoting Transparency and
Public Participation in Consent Decrees and Settlement Agreements,
notice is hereby given of a proposed settlement agreement to address
several claims in a lawsuit filed by the Waterkeeper Alliance, Inc.,
Waterkeeper Chesapeake, Inc. and California Coastkeeper (d/b/a
California Coastkeeper Alliance)(``Plaintiffs'') in the United States
District Court for the Southern District of New York. On January 30,
2019, the Plaintiffs filed a complaint pursuant to the Safe Drinking
Water Act and the Administrative Procedure Act seeking declaratory and
injunctive relief to resolve the claims regarding EPA's obligations to
develop new and revised National Primary Drinking Water Regulations.
Under the proposed settlement agreement, the EPA would agree to
deadlines with respect to certain actions under the Safe Drinking Water
Act.

DATES: Written comments on the proposed settlement agreements must be
received by May 18, 2020.

ADDRESSES: Submit your comments, identified by Docket ID number EPA-HQ-
OGC-2020-0140, online at www.regulations.gov (EPA's preferred method).
For comments submitted at

www.regulations.gov, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
www.regulations.gov. The EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA
generally will not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). The EPA encourages the public to submit comments
via www.Regulations.gov, as there will be a delay in processing mail
and no hand deliveries will be accepted. For additional submission
methods, please contact the person identified in the For Further
Information Contact section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Leslie Darman, Water Law Office,
Office of General Counsel, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone:<PHONE_NUMBER>;
email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Additional Information About the Proposed Settlement Agreement

    On January 30, 2019, the Plaintiffs filed a complaint pursuant to
the Safe Drinking Water Act (SDWA) and the Administrative Procedure Act
(APA) seeking declaratory and injunctive relief to resolve several
claims regarding EPA's obligations to develop new and revised National
Primary Drinking Water Regulations (NPDWRs). First, the Plaintiffs
allege that the deadlines in Section 1412(b)(1)(B)(i) of the SDWA for
publishing the Contaminant Candidate List (CCL) is based on fixed five-
year intervals and therefore, the EPA failed to perform a mandatory
duty to publish the fifth CCL by February 6, 2018, and the EPA has
unreasonably delayed publication of the CCL. Second, the Plaintiffs
allege that the deadlines in Section 1412(b)(1)(B)(ii) of the SDWA for
publishing regulatory determinations are based on fixed five-year
intervals and therefore, the EPA failed to perform a mandatory duty to
publish the fourth regulatory determination by August 6, 2016, and the
EPA has unreasonably delayed its publication.
    Finally, the Plaintiffs' complaint also includes claims under the
SDWA and the APA with respect to EPA's treatment of certain
contaminants covered by the Six-Year Review process in Section
1412(b)(9) of the SDWA: Chromium, trichlorethylene (TCE),
tetrachloroethylene (PCE), and a group of microbial and disinfection
byproducts (MDBPs). The Plaintiffs allege that EPA unreasonably delayed
and failed to perform a mandatory duty to review the NPDWR for total
chromium and determine whether to revise it. The Plaintiffs also allege
the EPA violated the APA because the Agency has unreasonably delayed
completion of the health assessment of chromium. The Plaintiffs claim
that the EPA unreasonably delayed and failed to perform an alleged
mandatory duty to revise the NPDWRs for TCE, PCE, and the MDBPs within
the same six-year review period in which EPA identified the
contaminants as appropriate for revision, or to meet the deadlines for
proposal and promulgation of NPDWRs in Section 1412(b)(1)(E) of the
SDWA.
    Under the proposed settlement agreement, the EPA would agree to
deadlines for (1) publishing a proposed regulatory determination for at
least five contaminants that are listed on the Fourth CCL; (2) signing
for publication in the Federal Register the Fifth and Sixth CCLs; (3)
making a determination as to whether the existing NPDWR for chromium is
appropriate for revision; (4) signing for publication in the Federal
Register a proposal to revise the NPDWRs for the MDBP contaminants
identified as candidates for revision in the EPA's Six-Year Review 3,
published on January 11, 2017; and (5) signing for publication in the
Federal Register a notice of final action on the proposal to revise the
NPDWRs for the MDBPs. If the EPA fails to meet any of these deadlines,
Plaintiffs' sole remedy under this Agreement shall be to reopen this
lawsuit after undertaking the informal dispute-resolution procedures.
    For a period of thirty (30) days following the date of publication
of this document, the Agency will accept written comments relating to
the proposed settlement from persons who are not named as parties to
the litigation in question. If so requested, EPA will also consider
holding a public hearing on whether to enter into the proposed
settlement agreement. EPA or the Department of Justice may withdraw or
withhold consent to the proposed settlement agreement if the comments
disclose facts or considerations that indicate that such consent is
inappropriate, improper, inadequate, or inconsistent with the
requirements of the SDWA. Unless EPA or the Department of Justice
determines that consent to this proposed settlement agreement should be
withdrawn, the settlement agreement will be signed, and the parties
will notify the Court of the settlement agreement and seek a court
order dismissing with prejudice all claims in this action. If the Court
does not enter such an order, the settlement agreement will have no
force or effect.

II. Additional Information About Commenting on the Proposed Settlement
Agreement

A. How can I get a copy of the proposed settlement agreement?

    The official public docket for this action (identified by EPA-HQ-
OGC-2020-0140) contains a copy of the proposed settlement agreement.
The official public docket is located at the Office of Environmental
Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334,
1301 Constitution Ave. NW, Washington, DC. The regular hours of the EPA
Docket Center Public Reading Room are from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays; however, due to the
COVID-19 pandemic, there may be limited or no opportunity to enter the
docket center. At the time of this printing, the docket center is
closed to public visitors out of an abundance of caution for members of
the public and EPA staff to reduce the risk of transmitting COVID-19.
During the closure, Docket Center staff will continue to provide remote
customer service via email, phone, and webform. For further information
on EPA Docket Center services, see https://www.epa.gov/dockets. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available on EPA's
website at www.regulations.gov. You may use www.regulations.gov to
submit or view public comments, access the index listing of the
contents of the official public docket, and access those documents in
the public docket that are available electronically. Once in the
system, key in the appropriate docket identification number then select
``search.'' It is important to note that EPA's policy is that public
comments, whether submitted electronically or in

paper, will be made available for public viewing online at
www.regulations.gov without change, unless the comment contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. Information claimed as CBI and other information
whose disclosure is restricted by statute is not included in the
official public docket or in the electronic public docket.
    EPA's policy is that copyrighted material, including copyrighted
material contained in a public comment, will not be placed in EPA's
electronic public docket but will be available only in printed, paper
form in the official public docket. EPA has not included any
copyrighted material in the docket for this proposed settlement. If
commenters submit copyrighted material in a public comment, it will be
placed in the official public docket and made available for public
viewing when the EPA Docket Center is open.

B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section.
Please ensure that your comments are submitted within the specified
comment period. The EPA encourages the public to submit comments via
www.Regulations.gov. There will be a delay in processing mail and no
hand deliveries will be accepted due to the COVID-19 pandemic.
    EPA recommends that you include your name, mailing address, and an
email address or other contact information in the body of your comment.
This ensures that you can be identified as the submitter of the comment
and allows EPA to contact you in case EPA cannot read your comment due
to technical difficulties or needs further information on the substance
of your comment. Any identifying or contact information provided in the
body of a comment will be included as part of the comment that is
placed in the official public docket, and made available in EPA's
electronic public docket. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment.
    Use of the www.regulations.gov website to submit comments to EPA
electronically is EPA's preferred method for receiving comments. The
electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, email address, or other
contact information unless you provide it in the body of your comment.
In contrast to EPA's electronic public docket, EPA's electronic mail
(email) system is not an ``anonymous access'' system. If you send an
email comment directly to the Docket without going through
www.regulations.gov, your email address is automatically captured and
included as part of the comment that is placed in the official public
docket, and made available in EPA's electronic public docket.

    Dated: April 10, 2020.
Steven Neugeboren,
Associate General Counsel.
[FR Doc. 2020-07980 Filed 4-15-20; 8:45 am]
 BILLING CODE 6560-50-P