[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Rules and Regulations]
[Pages 38946-38951]
[FR Doc No: 2015-16748]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0438]
RIN 1625-AA00

Safety Zones; Marine Events Held in the Sector Long Island Sound
Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing thirteen safety zones for
fireworks displays within the Coast Guard Sector Long Island Sound
(LIS) Captain of the Port (COTP) Zone. This temporary final rule is
necessary to provide for the safety of life on navigable waters during
these events. Entry into, transit through, mooring or anchoring within
these safety zones is prohibited unless authorized by COTP Sector Long
Island Sound.

DATES: This rule is effective without actual notice from 12:01 a.m. on
July 8, 2015 until 10:30 p.m. on August 1, 2015. For the purposes of
enforcement, actual notice will be used from the date the rule was
signed, June 17, 2015, until July 8, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2015-0438]. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
contact Petty Officer Ian Fallon, Prevention Department, Coast Guard
Sector Long Island Sound, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    This rulemaking establishes thirteen safety zones for thirteen
fireworks displays. Each event and its corresponding regulatory history
are discussed below.
    Barnum Festival, LLC (fireworks): A safety zone was established in
2014 for the Barnum Festival, LLC fireworks display by enforcing 33 CFR
165.151, Table 1, 6.1. This event has been included in this rule due to
deviation from the cite date and location.
    Salute to Veterans (fireworks): A safety zone was established in
2014 for the Salute to Veterans fireworks display by enforcing 33 CFR
165.151, Table 1, 6.4. This event has been included in this rule due to
deviation from the cite date and location.
    City of Stamford (fireworks): A safety zone was established in 2014
for the City of Stamford fireworks display by enforcing 33 CFR 165.151,
Table 1, 7.12. This event has been included in this rule due to
deviation from the cite date.
    Freeport Chamber of Commerce (fireworks): A safety zone was
established in 2014 for Freeport Chamber of Commerce fireworks display
when the Coast Guard issued a temporary rule entitled, ``Safety Zone;
Freeport Chamber of Commerce Fireworks Display; South Bay; Freeport,
NY''. This rulemaking was published on June 27, 2014 in the Federal
Register (79 FR 36412).
    City of Norwich (fireworks): A safety zone was established in 2014
for the City of Norwich fireworks display by enforcing 33 CFR 165.151,
Table 1, 7.11. This event has been included in this rule due to
deviation from the cite date and location.
    Go 4th Connetquot (fireworks): This event was previously named
Connetquot River Summer Fireworks. A safety zone was established in
2014 for the Connetquot River Summer Fireworks display by enforcing 33
CFR 165.151, Table 1, 7.42. This event has been included in this rule
due to deviation from the cite name and location.
    Madison Fireworks Organization (fireworks): A safety zone was
established in 2014 for the Madison Fireworks Organization fireworks
display by enforcing 33 CFR 165.151, Table 1, 7.38. This event has been
included in this rule due from the cite date and location.
    City of Middletown (fireworks): A safety zone was established in
2014 for the City of Middletown fireworks display by enforcing 33 CFR
165.151, Table 1, 7.9. This event has been included in this rule due to
deviation from the cite date and location.
    Fairfield Independence Day Celebration (fireworks): A safety zone
was established in 2014 for the Fairfield Independence Day Celebration
fireworks display by enforcing 33 CFR 165.151, Table 1, 7.16. This
event has been included in this rule due to deviation from the cite
date and location.
    City of West Haven: A safety zone was established in 2014 for the
City of West Haven Fireworks display by enforcing 33 CFR 165.151, Table
1, 7.13. This event has been included in this rule due to deviation
from the cite location.
    Village of Port Jefferson Independence Day Celebration (fireworks):
This event was previously named Village of Port Jefferson Fourth of
July Celebration Fireworks. A safety zone was established in 2014 for
the Village of Port Jefferson Fourth of July Celebration Fireworks
display by enforcing 33 CFR 165.151, Table 1, 7.25. This event has been
included in this rule due to deviation from the cite name and location.
    Shelter Island (fireworks): A safety zone was established in 2014
for the Shelter Island fireworks display by enforcing 33 CFR 165.151,
Table 1, 7.30. This event has been included in this rule due to
deviation from the cite location.
    Sebonack Golf Club (fireworks): This event was previously named
National Golf Links Fireworks. A safety zone was established in 2014
for the National Golf Links Fireworks display by enforcing 33 CFR
165.151, Table 1, 7.44. This event has been included in this rule due
to deviation from the cite name, date and location.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a NPRM with respect to this rule
because

doing so would be impracticable. There is insufficient time to publish
a NPRM and solicit comments from the public before these events take
place. Thus, waiting for a comment period to run would inhibit the
Coast Guard's ability to fulfill its mission to keep the ports and
waterways safe.
    Under 5 U.S.C. 553(d)(3), and for the same reasons stated in the
preceding paragraph, the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register.

B. Basis and Purpose

    The legal basis for this temporary rule is 33 U.S.C. 1231; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5 and Department of
Homeland Security Delegation No. 0170.1 which collectively authorize
the Coast Guard to define regulatory safety zones.
    As discussed in the Regulatory History and Information section,
thirteen fireworks displays will take place in the Coast Guard Sector
LIS COTP Zone between June 26, 2015 and August 1, 2015. The COTP Long
Island Sound has determined that thirteen safety zones are necessary to
provide for the safety of life on navigable waterways during those
events.
    Barnum Festival, LLC fireworks display will be held on Bridgeport
Harbor, Bridgeport, CT.
    Salute to Veterans fireworks display will be held on Reynolds
Channel off Hempstead, NY.
    City of Stamford fireworks display will be held on Fisher's
Westcott Cove, Stamford, CT.
    Freeport Chamber of Commerce fireworks display will be a land
launch near Guy Lombardo Marina, Freeport, NY.
    City of Norwich fireworks display will be held on the Thames River,
Norwich, CT.
    Go 4th Connetquot fireworks display will be held on Great South Bay
off Snapper Inn, Oakdale, NY.
    Madison Fireworks Organization fireworks will be held on Long
Island Sound off Madison Beach, Madison, CT.
    City of Middletown fireworks display will be held on the
Connecticut River, Middletown Harbor, Middletown, CT.
    Fairfield Independence Day Celebration fireworks display will be
held on Long Island Sound off Fairfield, CT.
    City of West Haven fireworks display will be held on New Haven
Harbor off Bradley Point, West Haven, CT.
    Village of Port Jefferson Independence Day Celebration will be held
on Port Jefferson Harbor, Port Jefferson, NY.
    Shelter Island fireworks display will be held on Gardiner Bay,
Shelter Island, NY.
    Sebonack Golf Club fireworks display will be held on Peconic Bay
off Southampton, NY.
    The fireworks displays listed above will launch pyrotechnics from
either a barge on a waterway or a landsite near a waterway. A regulated
area, specifically a safety zone, is required for each of these
fireworks displays to protect both spectators and participants from the
safety hazards created by the fireworks displays, including unexpected
pyrotechnics detonation and burning debris.

C. Discussion of the Final Rule

    This rule establishes thirteen safety zones for thirteen fireworks
displays. The location of these safety zones are as follows:

                     Fireworks Displays Safety Zones
------------------------------------------------------------------------

------------------------------------------------------------------------
1 Barnum Festival, LLC Fireworks.......  Location: All waters of
                                          Bridgeport Harbor, Bridgeport,
                                          CT within 800 feet of the land
                                          launch site located in
                                          approximate position
                                          41[deg]09'34'' N.,
                                          073[deg]11'18'' W. (NAD 83).
------------------------------------------------------------------------
2 Salute to Veterans Fireworks.........  Location: All waters of
                                          Reynolds Channel off
                                          Hempstead, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]35'36.87'' N.,
                                          073[deg]35'20.72'' W. (NAD
                                          83).
------------------------------------------------------------------------
3 City of Stamford Fireworks...........  Location: All waters of the
                                          Fisher's Westcott cove,
                                          Stamford, CT within 800 feet
                                          of the fireworks barge in
                                          approximate position
                                          41[deg]02'09.56'' N.,
                                          072[deg]30'57.76'' W. (NAD
                                          83).
------------------------------------------------------------------------
4 Freeport Chamber of Commerce           Location: All waters of Guy
 Fireworks.                               Lombardo Marina, Freeport, NY
                                          within 300 feet of the land
                                          launch site located in
                                          approximate position
                                          40[deg]37'27.27'' N.,
                                          073[deg]34'34.64'' W. (NAD
                                          83).
------------------------------------------------------------------------
5 City of Norwich Fireworks............  Location: All waters of the
                                          Thames River, Norwich, CT in
                                          approximate positions,
                                          41[deg]31'14.64'' N.,
                                          072[deg]04'43.60'' W. (NAD
                                          83).
------------------------------------------------------------------------
6 Go 4th Connetquot Fireworks..........  Location: All waters of Great
                                          South Bay within 600 feet of
                                          the fireworks barge at
                                          approximate position,
                                          40[deg]43'30.03'' N.;
                                          073[deg]08'40.25'' W. (NAD
                                          83).
------------------------------------------------------------------------
7 Madison Fireworks Organization         Location: All waters of Long
 Fireworks.                               Island Sound off Madison
                                          Beach, Madison, CT within 800
                                          feet of the fireworks barge
                                          located in approximate
                                          position 41[deg]16'09.04'' N.,
                                          072[deg]36'18.30'' W. (NAD
                                          83).
------------------------------------------------------------------------
8 City of Middletown Fireworks.........  Location: Waters of the
                                          Connecticut River, Middletown
                                          Harbor, Middletown, CT within
                                          600 feet of the fireworks
                                          barge in approximate position,
                                          41[deg]33'43'' N.,
                                          072[deg]38'32'' W. (NAD 83).
------------------------------------------------------------------------
9 Fairfield Independence Day             Location: All waters of Long
 Celebration Fireworks.                   Island Sound, Fairfield, CT
                                          within 800 feet of the
                                          fireworks barge at approximate
                                          position, 41[deg]08'16.92''
                                          N.; 073[deg]14'01.02'' W. (NAD
                                          83).
------------------------------------------------------------------------
10 City of West Haven Fireworks........  Location: All waters of New
                                          Haven Harbor off Bradley
                                          Point, West Haven, CT within
                                          800 feet of the fireworks
                                          barge at approximate position,
                                          41[deg]15'07'' N.;
                                          072[deg]57'25'' W. (NAD 83).
------------------------------------------------------------------------

11 Village of Port Jefferson             Location: All waters of Port
 Independence Day Celebration.            Jefferson Harbor within 500
                                          feet of the land launch at
                                          approximate position,
                                          40[deg]57'53.189'' N.;
                                          073[deg]03'09.72'' W. (NAD
                                          83).
------------------------------------------------------------------------
12 Shelter Island Fireworks............  Location: All waters of
                                          Gardiner's Bay, Shelter
                                          Island, NY in approximate
                                          position, 41[deg]04'27.60''
                                          N., 072[deg]22'13.50'' W. (NAD
                                          83).
------------------------------------------------------------------------
13 Sebonack Golf Club Fireworks........  Location: All waters of Peconic
                                          Bay, Southampton, NY within
                                          600 feet of the fireworks
                                          barge at approximate position,
                                          40[deg]54'49.92'' N.;
                                          072[deg]27'39.28'' W. (NAD
                                          83).
------------------------------------------------------------------------

    This rule prevents vessels from entering, transiting, mooring, or
anchoring within areas specifically designated as safety zones and
restricts vessel movement around the locations of the marine events to
reduce the safety risks associated with them during the periods of
enforcement unless authorized by the COTP or designated representative.
    Consistent with 33 CFR 165.7, the Coast Guard will notify the
public and local mariners of this safety zone through appropriate
means, which may include, but are not limited to, publication in the
Federal Register, the Local Notice to Mariners, and Broadcast Notice to
Mariners. The specific dates, including rain dates, for the events are
listed in the regulatory text.

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders.
    The Coast Guard determined that this rulemaking is not a
significant regulatory action for the following reasons: The
enforcement of these safety zones will be relatively short in duration.
Additionally, persons or vessels desiring to enter a safety zone may do
so with permission from the COTP Sector Long Island Sound or a
designated representative. Furthermore, these safety zones are designed
in a way to limit impacts on vessel traffic, permitting vessels to
navigate in other portions of the waterways not designated as a safety
zone. Finally, to increase public awareness of these safety zones, the
Coast Guard will notify the public of the enforcement of this rule via
appropriate means, such as Local Notice to Mariners and Broadcast
Notice to Mariners.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This temporary final rule will affect the following entities, some
of which may be small entities: The owners or operators of vessels
intending to enter, transit, anchor, or moor within a safety zone
during the periods of enforcement, from June 26, 2015 to August 1,
2015. However, this temporary final rule will not have a significant
economic impact on a substantial number of small entities for the same
reasons discussed in the REGULATORY PLANNING AND REVIEW section.
Additionally, before the effective period, public notifications will be
made to local mariners through appropriate means, which may include but
are not limited to, the Local Notice to Mariners as well as Broadcast
Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In

particular, the Act addresses actions that may result in the
expenditure by a State, local, or tribal government, in the aggregate,
or by the private sector of $100,000,000 (adjusted for inflation) or
more in any one year. Though this rule will not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children From Environmental Health Risks

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This temporary rule involves the establishment of safety
zones. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T01-0438 to read as follows:

Sec.  165.T01-0438  Safety Zones; Fireworks Displays in Captain of the
Port Long Island Sound Zone.

    (a) Regulations. The general regulations contained in Sec.  165.23
as well as the following regulations apply to the events listed in the
TABLE to Sec.  165.T01-0438.
    (b) Enforcement period. This rule will be enforced on the dates and
times listed for each event in TABLE to Sec.  165.T01-0438. If the
event is delayed by inclement weather, the safety zone will be enforced
on the rain date indicated in TABLE to Sec.  165.T01-0438.
    (c) Definitions. The following definitions apply to this section: A
``designated representative'' is any commissioned, warrant or petty
officer of the U.S. Coast Guard who has been designated by the Captain
of the Port (COTP), Sector Long Island Sound, to act on his or her
behalf. An ``official patrol vessel'' may consist of any Coast Guard,
Coast Guard Auxiliary, state, or local law enforcement vessels assigned
or approved by the COTP.
    (d) Operations. (1) Vessels desiring to enter or operate within a
safety zone should contact the COTP or the designated representative
via VHF channel 16 or by telephone at<PHONE_NUMBER> to obtain
permission to do so. Vessels given permission to enter or operate in a
safety zone must comply with all directions given to them by the COTP
Sector Long Island Sound or the designated on-scene representative.
    (2) Upon being hailed by an official patrol vessel or the
designated representative, by siren, radio, flashing light or other
means, the operator of the vessel shall proceed as directed. 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. While members of the Coast Guard Auxiliary will not serve
as the designated representative, they may be present to inform vessel
operators of this regulation.
    (e) Compliance. Failure to comply with a lawful direction may
result in expulsion from the area, citation for failure to comply, or
both.

                      Table to Sec.   165.T01-0438
------------------------------------------------------------------------

------------------------------------------------------------------------
                            Fireworks events
------------------------------------------------------------------------
1 Barnum Festival, LLC Fireworks.......   Date: June 26, 2015.
                                          Rain Date: June 28,
                                          2015.
                                          Time: 8:40 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Bridgeport Harbor,
                                          Bridgeport CT within 800 feet
                                          of the land launch site
                                          located in approximate
                                          position 41[deg]09'34'' N.,
                                          073[deg]11'18'' W. (NAD 83).
------------------------------------------------------------------------
2 Salute to Veterans Fireworks.........   Date: June 27, 2015.

                                          Rain Date: June 28,
                                          2015.
                                          Time: 9:00 p.m. to
                                          10:45 p.m.
                                          Location: All waters
                                          of Reynolds Channel off
                                          Hempstead, NY within 600 feet
                                          of the fireworks barge located
                                          in approximate position
                                          40[deg]35'36.87'' N.,
                                          073[deg]35'20.72'' W. (NAD
                                          83).
------------------------------------------------------------------------
3 City of Stamford Fireworks...........   Date: July 2, 2015.
                                          Rain Date: July 3,
                                          2015.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of the Fisher's Westcott cove,
                                          Stamford, CT within 800 feet
                                          of the fireworks barge in
                                          approximate position
                                          41[deg]02'09.56'' N.,
                                          072[deg]30'57.76'' W. (NAD
                                          83).
------------------------------------------------------------------------
4 Freeport Chamber of Commerce            Date: July 2, 2015.
 Fireworks.
                                          Rain Date: July 9,
                                          2015.
                                          Time: 8:45 p.m. to
                                          10:00 p.m.
                                          Location: All waters
                                          of Guy Lombardo Marina,
                                          Freeport, NY within 300 feet
                                          of the land launch site
                                          located in approximate
                                          position 40[deg]37'27.27'' N.,
                                          073[deg]34'34.64'' W. (NAD
                                          83).
------------------------------------------------------------------------
5 City of Norwich Fireworks............   Date: July 2, 2015.
                                          Rain Date: July 3,
                                          2015.
                                          Time: 9:00 p.m. to
                                          11:00 p.m.
                                          Location: All waters
                                          of the Thames River, Norwich,
                                          CT in approximate positions,
                                          41[deg]31'14.64'' N.,
                                          072[deg]04'43.60'' W. (NAD
                                          83).
------------------------------------------------------------------------
6 Go 4th Connetquot Fireworks..........   Date: July 2, 2015.
                                          Rain Date: July 3,
                                          2015.
                                          Time: 8:45 p.m. to
                                          10:00 p.m.
                                          Location: All waters
                                          of Great South Bay within 600
                                          feet of the fireworks barge at
                                          approximate position,
                                          40[deg]43'30.03'' N.;
                                          073[deg]08'40.25'' W. (NAD
                                          83).
------------------------------------------------------------------------
7 Madison Fireworks Organization          Date: July 3, 2015.
 Fireworks.
                                          Rain Date: July 5,
                                          2015.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Long Island Sound off
                                          Madison Beach, Madison, CT
                                          within 800 feet of the
                                          fireworks barge located in
                                          approximate position
                                          41[deg]16'09.04'' N.,
                                          072[deg]36'18.30'' W. (NAD
                                          83).
------------------------------------------------------------------------
8 City of Middletown Fireworks.........   Date: July 3, 2015.
                                          Rain Date: July 5,
                                          2015.
                                          Time: 9:00 p.m. to
                                          10:30 p.m.
                                          Location: Waters of
                                          the Connecticut River,
                                          Middletown Harbor, Middletown,
                                          CT within 600 feet of the
                                          fireworks barge in approximate
                                          positions, 41[deg]33'43'' N.,
                                          072[deg]38'32'' W. (NAD 83).
------------------------------------------------------------------------
9 Fairfield Independence Day              Date: July 3, 2015.
 Celebration Fireworks.                   Rain Date: July 4,
                                          2015.
                                          Time: 8:45 p.m. to
                                          10:45 p.m.
                                          Location: All waters
                                          of Long Island Sound,
                                          Fairfield, CT within 800 feet
                                          of the fireworks barge at
                                          approximate position,
                                          41[deg]08'16.92'' N.;
                                          073[deg]14'01.02'' W. (NAD
                                          83).
------------------------------------------------------------------------
10 City of West Haven Fireworks........   Date: July 3, 2015.
                                          Rain Date: July
                                          5,2015.
                                          Time: 8:45 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of New Haven Harbor off
                                          Bradley Point, West Haven, CT
                                          within 800 feet of the
                                          fireworks barge at approximate
                                          position, 41[deg]15'07'' N.;
                                          072[deg]57'25'' W. (NAD 83).
------------------------------------------------------------------------
11 Village of Port Jefferson              Date: July 4, 2015.
 Independence Day Celebration.            Rain Date: July 5,
                                          2015.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Port Jefferson Harbor
                                          within 500 feet of the land
                                          launch at approximate
                                          position, 40[deg]57'53.189''
                                          N.; 073[deg]03'09.72'' W. (NAD
                                          83).
------------------------------------------------------------------------
12 Shelter Island Fireworks............   Date: July 11, 2015.
                                          Rain Date: July 12,
                                          2015.
                                          Time: 9:00 p.m. to
                                          11:00 p.m.
                                          Location: All waters
                                          of Gardiner's Bay, Shelter
                                          Island, NY in approximate
                                          position, 41[deg]04'27.60''
                                          N., 072[deg]22'13.50'' W. (NAD
                                          83).
------------------------------------------------------------------------
13 Sebonack Golf Club Fireworks........   Date: July 31, 2015.

                                          Rain Date: August 1,
                                          2015.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: All waters
                                          of Peconic Bay, Southampton,
                                          NY within 600 feet of the
                                          fireworks barge at approximate
                                          position, 40[deg]54'49.92''
                                          N.; 072[deg]27'39.28'' W. (NAD
                                          83).
------------------------------------------------------------------------

    Dated: June 17, 2015.
E.J. Cubanski, III,
Captain, U.S. Coast Guard, Captain of the Port Sector Long Island
Sound.
[FR Doc. 2015-16748 Filed 7-7-15; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: December 27, 2006 (Volume 71, Number 248)]
[Notices]
[Page 77842-77844]
[DOCID:fr27de06-117]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54959; File No. SR-NASDAQ-2006-056]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change To Establish Nasdaq Custom
Data Feeds

December 18, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 12, 2006, The NASDAQ Stock Market LLC (``Nasdaq'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II and III below, which
Items have been prepared substantially by Nasdaq. The Commission is
publishing this notice to solicit comments on the proposed rule change
from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq proposes to establish a new data filtration service--Nasdaq
Custom Data Feeds--that will permit entities to request and receive
customized data feeds containing data elements from Nasdaq's current
data feeds. The text of the proposed rule change is available at http://nasdaq.complinet.com/file_store/pdf/rulebooks/SR-NASDAQ-2006-056.pdf
,

at Nasdaq, and at the Commission's Public Reference Room.\3\
---------------------------------------------------------------------------

    \3\ Changes are marked to the rule text that appears in the
electronic NASDAQ Manual found at http://www.nasdaqtrader.com.

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

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of and basis for the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    As quoting and trading have become increasingly automated, the rate
of market data traffic has increased materially. For example, the rate
of message traffic on TotalView has increased by more than 250% since
January 1, 2004. Nasdaq notes that the integration of INET, Brut and
Nasdaq execution systems into a single system has increased message
traffic further. The data feeds of all markets are seeing similar, and
in some cases more pronounced, increases in message traffic. These
increases strain the capacity of brokers and vendors in two ways, at
significant expense. First, the telecommunications bandwidth a firm
purchases must be increased to handle the message traffic without
material increases in latency or dropped information. Second, once the
data is received it must be processed, with resulting hardware
expenses.
    As a result, participants are seeking to ``filter'' or reduce the
amount of data received without losing information necessary for their
trading activities. A service that can filter the data without
impacting data performance or integrity is considered valuable, given
the savings obtained from lower telecommunications and hardware costs.
Moreover, some firms prefer that Nasdaq undertake the filtering prior
to delivery rather than accept the full data and filter it themselves.
Firms are willing to pay in kind to have ``irrelevant'' data removed
from their data stream, avoiding superfluous, recurring payments to
telecommunication providers for what they consider to be ``noise.''
    To respond to this demand, Nasdaq proposes to establish Nasdaq
Custom Data Feeds, a customized data feed service that would allow
Nasdaq to accommodate particular subscribers' requests for market data
feeds containing a pre-specified combination of data elements otherwise
delivered on multiple data feeds. Customized data feeds would allow a
customer to receive an entirely unique combination of functionality and
content.

    There is a variety of firm types that could be interested in
customized data feeds. For example, firms whose trading of Nasdaq
securities is specific to particular subsets of securities might elect
to receive only data associated with those securities. A common example
is a trading desk that specializes in trading only Nasdaq-100
securities and corresponding index products. For such firms, receipt of
data pertaining to stocks outside the Nasdaq-100 is unnecessary and
costly from a hardware and software perspective. Another example would
be a firm whose program trading models exclusively track liquidity
patterns at the first five price levels on the bid-side and ask-side of
the market. For such a firm, receipt of liquidity measures beyond the
fifth price level is again unnecessary, resource intensive, and
wasteful. Traditional market data vendors, specializing in providing
all data to their customers, are poor candidates for either of these
types of customized feeds.
    Additionally, firms have specific protocols or formats that they
prefer when receiving data feeds. Nasdaq, historically, has delivered
all data feeds in a uniform format and protocol, but now has the
ability to offer more flexibility in the delivery mechanisms.
Therefore, Nasdaq would also customize the data using protocols the
customer specifies to Nasdaq. For example, market data vendors or
subscriber firms having made particular technology architecture
investments may benefit from receipt of the Nasdaq data in particular
formats. For example, firms having invested in late-model, high-speed
processors may very much prefer to receive single-channel data feeds
inclusive of every data point. Such a feed would have the advantage of
being much easier and efficient to deploy into single-box architecture.
By contrast, firms with earlier-model technology, and/or an
architecture with multiple applications reading the data feeds, may
prefer ``highly channelized'' data feeds, such as one channel for
securities beginning with the letter A, one for securities beginning
with the letter B, etc. This allows the firm to utilize existing
capacity and technology investments in a way reflective of the firm's
particular needs.
    There are many different customized data feeds that could be
requested, though the actual usefulness of customized feeds will
ultimately be determined by how technology and bandwidth trends
continue to evolve. By charging a fee for the customized data feeds,
market participants and market data vendors are expected to request and
deploy customized data feeds only in cases where there is a great deal
of economic value conferred on the recipient. Customized data feeds
will be delivered through Nasdaq's existing data dissemination
architecture under the technological conditions applicable to
recipients of the un-filtered data feeds.
    Nasdaq will make available the data delivered via any customized
data feed at the same time it is made available via its regular data
feeds. This fact alone does not determine the speed with which the data
would be received at the distributor firm. There are many factors that
determine the time that a firm receives, processes, acts upon market
data--regardless of when the data is sent or whether the data feed is
customized. For example, regardless of the data feed, the amount of
bandwidth the firm has purchased will impact how quickly the market
data is received. Furthermore, the sheer number of miles and the number
of routers and switches between the origin of a data feed and its
terminus will impact the time it is ultimately received and processed.
Further, the size of the messages (measured in bits), in conjunction
with the processing power of the equipment inside the network and at
the subscriber firm also impact the time a firm receives and acts upon
the data. In the end, a firm receiving a customized data feed could
ultimately receive and process the data via its customized data feed
either prior to or subsequent to when it would receive this data from a
traditional data feed. It is dependent on all of the above factors. To
reiterate, Nasdaq will make available data via both traditional and
customized data feeds at the same time.
    Nasdaq has based its fee schedule for the customized data feeds on
an array of considerations: (1) What types of requests are most likely
to be made; (2) the composition and hardware, software, and man-hour
costs associated with accommodating those requests--noting that there
could be significant variety between the requests; and (3) a minimum
level of initial and ongoing support associated with the initiation and
maintenance of the customized data feeds. In general, these proposed
fees are intended to approximate the average costs for the prospective
customized feeds, rather than the cost of any specific customized feed.
It is expected that some customized feeds could cost more and some
could cost less to build than the initial fee.
    The price for customized data feeds will have three components: (1)
A $50,000 initial set-up fee for the establishment and creation of the
unique feed; (2) the user and distributor fees for the underlying data
entitlement from which the customized data is extracted; and an
additional fee of $1000 per month, per filtered feed. For example, if a
firm requests a feed that contains specific data elements from
TotalView plus some data elements from the Nasdaq Index Dissemination
Feed (``NIDS''), the firm would pay the TotalView distributor fee
(currently between $1,000 and $5,000 per month), plus the NIDS
distributor fee (currently between $1,500 and $2,000 per month) plus an
additional fee of $1000 per month for receiving the data in filtered
format, in addition to the $50,000 set-up fee.
    This is an optional data product that would only be purchased if a
potential customer determines that the perceived benefit of one of
these data products outweighs the cost of obtaining it. In other words,
supply and demand will determine the ultimate success of these data
products. Nasdaq believes this is consistent with, and critical to, the
operation of a fair and competitive marketplace. In the order approving
Regulation NMS, the Commission voiced its support for proposals that
``would allow investors and vendors greater freedom to make their own
decisions regarding the data they need.'' \4\ Nasdaq believes that the
Nasdaq Custom Data Feeds service is precisely the type of product that
the Commission envisioned when it determined to grant greater
flexibility in the provision and purchase of market data.
---------------------------------------------------------------------------

    \4\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496 at 37566 (June 29, 2005).
---------------------------------------------------------------------------

2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\5\ in general, and with Section
6(b)(4) of the Act,\6\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which Nasdaq operates or controls, and it does not unfairly
discriminate between customers, issuers, brokers or dealers. Use of the
Custom Data Feeds service is voluntary and the subscription fees will
be imposed on all purchasers equally based on the level of service
selected. The proposed fees will cover the costs associated with
establishing the service, responding to customer requests, configuring
Nasdaq's systems, programming to user specifications, and

administering the service, among other things.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f.
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. As a general
matter, the Commission has long held the view that ``competition and
innovation are essential to the health of the securities markets.
Indeed, competition is one of the hallmarks of the national market
system.'' \7\ The Commission has also stated ``that the notion of
competition is inextricably tied with the notion of economic
efficiency, and the Act seeks to encourage market behavior that
promotes such efficiency, lower costs, and better service in the
interest of investors and the general public.'' \8\
---------------------------------------------------------------------------

    \7\ Securities Exchange Act Release No. 43863 (January 19,
2001), 66 FR 8020 (January 26, 2001).
    \8\ Securities Exchange Act Release No. 54155 (July 20, 2006),
71 FR 41291 at 41298.
---------------------------------------------------------------------------

    The Commission goes on to state its belief ``that the appropriate
analysis to determine a proposal's competitive impact is to weigh the
proposal's overall benefits and costs to competition based on the
particular facts involved, such as examining whether the proposal would
promote economically efficient execution of securities and fair
competition between and among exchange markets and other market
centers, as well as fair competition between the participants of a
particular market.'' \9\
---------------------------------------------------------------------------

    \9\ Id.
---------------------------------------------------------------------------

    The Nasdaq Custom Data Feeds service is designed to increase the
efficiency of executions by enabling vendors to provide market data in
the manner they deem most cost efficient. Vendors will only utilize the
service if they conclude that it is economically beneficial to them and
to their users. There is significant competition for the provision of
market data to broker-dealers and other market data consumers, as well
as competition for the orders that generate the data. Nasdaq fully
expects its competitors to quickly copy this innovative new service as
they have copied other Nasdaq data products in the past.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received from Members, Participants or Others

    Written comments were neither solicited nor received.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File No. SR-NASDAQ-2006-056 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NASDAQ-2006-056. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of Nasdaq.
    All comments received will be posted without change; the Commission
does not edit personal identifying information from submissions. You
should submit only information that you wish to make available
publicly. All submissions should refer to File Number SR-NASDAQ-2006-
056 and should be submitted on or before January 17, 2007.
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E6-22087 Filed 12-26-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Rules and Regulations]
[Page 37727-37730]
[DOCID:fr30jn10-9]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0080; FRL-9169-3]

Disapproval of California State Implementation Plan Revisions,
Monterey Bay Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing disapproval of a revision to the Monterey
Bay Unified Air Pollution Control District (MBUAPCD) portion of the
California State Implementation Plan (SIP). This action was proposed in
the Federal Register on March 22, 2010. This revision concerns opacity
standards related to multiple pollutants, including particulate matter
(PM) emissions, from a wide variety of sources. Under authority of the
Clean Air Act as amended in 1990 (CAA or the Act), this action
identifies a deficiency that precludes approval of this SIP revision.

DATES: Effective Date: This rule is effective on July 30, 2010.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2009-0080 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all

documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Joanne Wells, EPA Region IX, (415)
947-4118<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.

Table of Contents

I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On March 22, 2010(75 FR 13468), EPA proposed to disapprove the
following rule that was submitted for incorporation into the California
SIP.

----------------------------------------------------------------------------------------------------------------
            Local agency                  Rule No.            Rule title            Revised         Submitted
----------------------------------------------------------------------------------------------------------------
MBUAPCD.............................             400   Visible Emissions......        12/15/04         03/07/08
----------------------------------------------------------------------------------------------------------------

    We proposed to disapprove this rule because one rule provision does
not satisfy the requirements of section 110 and part D of the Act.
Specifically:
     New section 3.2.3 places no time limitation on opacity
between 20% and 40% for gas turbines except as defined in the District
permit pursuant to new section 2.5. This is inconsistent with long-
standing national policy on excess emissions, which explains that SIP
rules must ensure that emissions during startup conditions are
minimized. We believe this could be addressed by adding rule text
establishing appropriate time limitations on gas turbine startup,
requiring sources to minimize time and emissions during startup, and
demonstration in the staff report that the rule minimizes emissions
during startup.
    Our proposed action contains more information on the basis for this
rulemaking and on our evaluation of the submittal.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.

III. EPA Action

    No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, EPA is finalizing a full disapproval of
the submitted rule. As a result, this action will retain the version of
Rule 400 approved in 2005 in the SIP. Sanctions will not be imposed
under section 179 of the Act, because revision of Rule 400 is not a
required submittal under the CAA and the Monterey Bay area continues to
meet the NAAQS for multiple pollutants, including ozone and PM. A final
disapproval would similarly not trigger the federal implementation plan
(FIP) obligation under section 110(c).

IV. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    This rule will not have a significant impact on a substantial
number of small entities because SIP disapprovals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply disapprove requirements that the State is
already imposing. Therefore, because the Federal SIP disapproval does
not create any new requirements, I certify that this action will not
have a significant economic impact on a substantial number of small
entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of State action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the disapproval action promulgated does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action disapproves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct

effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the process of developing the
proposed regulation. EPA also may not issue a regulation that has
federalism implications and that preempts State law unless the Agency
consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will not have substantial direct effects on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government, as specified in Executive Order 13132, because it
merely disapproves a State rule implementing a Federal standard, and
does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it disapproves a
State rule implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations.

    Executive Order 12898, ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations'' (February
16, 1994) establishes Federal executive policy on environmental
justice. Its main provision directs federal agencies, to the greatest
extent practicable and permitted by law, to make environmental justice
part of their mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies and activities on minority
populations and low-income populations in the United States. The
Executive Order has informed the development and implementation of
EPA's environmental justice program and policies. Consistent with the
Executive Order and the associated Presidential Memorandum, the
Agency's environmental justice policies promote environmental
protection by focusing attention and Agency efforts on addressing the
types of environmental harms and risks that are prevalent among
minority, low-income and Tribal populations.
    This action will not have disproportionately high and adverse human
health or environmental effects on minority, low-income or Tribal
populations because it maintains the level of environmental protection
for all affected populations without having any disproportionately high
and adverse human health or environmental effects on any population,
including any minority or low-income population.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2). This rule will be effective July 30, 2010.

L. Petitions for Judicial Review

    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by August 30, 2010. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements.

    Dated: June 14, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:

PART 52--[AMENDED]

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

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

Subpart F--California

0
2. Section 52.242 is amended by adding paragraph (a)(6) to read as
follows:

Sec.  52.242  Disapproved rules and regulations.

    (a) * * *
    (6) Monterey Bay Unified Air Pollution Control District
    (i) Rule 400, Visible Emissions, submitted on March 7, 2008. Rule
400 submitted on January 15, 2004, is retained.

[FR Doc. 2010-15759 Filed 6-29-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66469-66472]
[FR Doc No: 2023-21033]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2023-0002; Internal Agency Docket No. FEMA-B-2372]

Changes in Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.

ACTION: Notice.

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SUMMARY: This notice lists communities where the addition or
modification of Base Flood Elevations (BFEs), base flood depths,
Special Flood Hazard Area (SFHA) boundaries or zone designations, or
the regulatory floodway (hereinafter referred to as flood hazard
determinations), as shown on the Flood Insurance Rate Maps (FIRMs), and
where applicable, in the supporting Flood Insurance Study (FIS)
reports, prepared by the Federal Emergency Management Agency (FEMA) for
each community, is appropriate because of new scientific or technical
data. The FIRM, and where applicable, portions of the FIS report, have
been revised to reflect these flood hazard determinations through
issuance of a Letter of Map Revision (LOMR), in accordance with Federal
Regulations. The currently effective community number is shown in the
table below and must be used for all new policies and renewals.

DATES: These flood hazard determinations will be finalized on the dates
listed in the table below and revise the FIRM panels and FIS report in
effect prior to this determination for the listed communities.
    From the date of the second publication of notification of these
changes in a newspaper of local circulation, any person has 90 days in
which to request through the community that the Deputy Associate
Administrator for Insurance and Mitigation reconsider the changes. The
flood hazard determination information may be changed during the 90-day
period.

ADDRESSES: The affected communities are listed in the table below.
Revised flood hazard information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA Map Service Center at https://msc.fema.gov for
comparison.
    Submit comments and/or appeals to the Chief Executive Officer of
the community as listed in the table below.

FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
[email protected]; or visit the FEMA Mapping and Insurance
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: The specific flood hazard determinations are
not described for each community in this notice. However, the online
location and local community map repository address where the flood
hazard determination information is available for inspection is
provided.
    Any request for reconsideration of flood hazard determinations must
be submitted to the Chief Executive Officer of the community as listed
in the table below.
    The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
    The FIRM and FIS report are the basis of the floodplain management
measures that the community is required either to adopt or to show
evidence of having in effect in order to qualify or remain qualified
for participation in the National Flood Insurance Program (NFIP).
    These flood hazard determinations, together with the floodplain
management criteria required by 44 CFR 60.3, are the minimum that are
required. They should not be construed to mean that the community must
change any existing ordinances that are more stringent in their
floodplain management requirements. The community may at any time enact
stricter requirements of its own or pursuant to policies established by
other Federal, State, or regional entities. The flood hazard
determinations are in accordance with 44 CFR 65.4.
    The affected communities are listed in the following table. Flood
hazard determination information for each community is available for
inspection at both the online location and the respective community map
repository address listed in the table below. Additionally, the current
effective FIRM and FIS report for each community are accessible online
through the FEMA

Map Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Nicholas A. Shufro,
Deputy Assistant Administrator for Risk Management, Federal Emergency
Management Agency, Department of Homeland Security.

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                                                            Chief executive  officer of                                   Online location of  letter of map                           Community
         State and county          Location and case No.             community              Community map  repository                 revision                Date of  modification      No.
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Colorado:
    Adams........................  City of Thornton (23-  The Honorable Janifer Kulmann,  City Hall, 9500 Civic Center   https://msc.fema.gov/portal/        Oct. 13, 2023.........       080007
                                    08-0196P).             Mayor, City of Thornton, 9500   Drive, Thornton, CO 80229.     advanceSearch.
                                                           Civic Center Drive, Thornton,
                                                           CO 80229.
    Arapahoe.....................  Unincorporated areas   Carrie Warren[dash]Gully,       Arapahoe County Public Works   https://msc.fema.gov/portal/        Nov 3, 2023...........       080011
                                    of Arapahoe County     Chair, Arapahoe County Board    and Development Department,    advanceSearch.
                                    (23-08-0051P).         of Commissioners, 5334 South    6924 South Lima Street,
                                                           Prince Street, Littleton, CO    Centennial, CO 80112.
                                                           80120.
Connecticut: Middlesex             Town of Old Saybrook   Carl P. Fortuna, Jr., First     Town Hall, 302 Main Street,    https://msc.fema.gov/portal/        Nov 17, 2023..........       090069
                                    (22-01-0701P).         Selectman, Town of Old          Old Saybrook, CT 06475.        advanceSearch.
                                                           Saybrook Board of Selectmen,
                                                           302 Main Street, Old
                                                           Saybrook, CT 06475.
Florida:
    Broward......................  City of Pompano Beach  The Honorable Rex Hardin,       Building Department, 100 West  https://msc.fema.gov/portal/        Nov 3, 2023...........       120055
                                    (22-04-5491P).         Mayor at Large, City of         Atlantic Boulevard, Pompano    advanceSearch.
                                                           Pompano Beach, 100 West         Beach, FL 33060.
                                                           Atlantic Boulevard, Pompano
                                                           Beach, FL 33060.
    Charlotte....................  Unincorporated areas   Bill Truex, Chair, Charlotte    Charlotte County Building      https://msc.fema.gov/portal/        Oct. 13, 2023.........       120061
                                    of Charlotte County    County Board of                 Department, 18500 Murdock      advanceSearch.
                                    (23-04-1652P).         Commissioners, 18500 Murdock    Circle, Port Charlotte, FL
                                                           Circle, Suite 536, Port         33948.
                                                           Charlotte, FL 33948.
Georgia: Effingham                 Unincorporated areas   Tim Callanan, Manager,          Effingham County               https://msc.fema.gov/portal/        Nov. 2, 2023..........       130076
                                    of Effingham County    Effingham County 804 South      Administrative Complex, 804    advanceSearch.
                                    (23-04-0200P).         Laurel Street, Springfield,     South Laurel Street,
                                                           GA 31329.                       Springfield, GA 31329.
Massachusetts:
    Essex........................  City of Gloucester     The Honorable Greg Varga,       City Hall, 3 Pond Road, 2nd    https://msc.fema.gov/portal/        Oct. 19, 2023.........       250082
                                    (23-01-0347P).         Mayor, City of Gloucester, 9    Floor, Gloucester, MA 01930.   advanceSearch.
                                                           Dale Avenue, Gloucester, MA
                                                           01930.
    Suffolk......................  City of Boston (21-01- The Honorable Michelle Wu,      City Hall, 1 City Hall         https://msc.fema.gov/portal/        Oct. 20, 2023.........       250286
                                    1039P).                Mayor, City of Boston, 1 City   Square, Suite 500, Boston,     advanceSearch.
                                                           Hall Square, Suite 500,         MA 02201.
                                                           Boston, MA 02201.
    Suffolk......................  City of Revere (21-01- The Honorable Brian M. Arrigo,  City Hall, 281 Broadway,       https://msc.fema.gov/portal/        Oct. 20, 2023.........       250288
                                    1039P).                Mayor, City of Revere, 281      Revere, MA 02151.              advanceSearch.
                                                           Broadway, Revere, MA 02151.
Nevada: Clark                      City of Henderson (23- Richard Derrick, Manager, City  City Hall, 240 South Water     https://msc.fema.gov/portal/        Nov. 22, 2023.........       320005
                                    09-0205P).             of Henderson, 240 South Water   Street, Henderson, NV 89015.   advanceSearch.
                                                           Street, Henderson, NV 89015.
Oklahoma:
    Wagoner......................  City of Broken Arrow   The Honorable Debra Wimpee,     Operations Building, 485       https://msc.fema.gov/portal/        Nov. 2, 2023..........       400236
                                    (22-06-0519P).         Mayor, City of Broken Arrow,    North Poplar Avenue, Broken    advanceSearch.
                                                           220 South 1st Street, Broken    Arrow, OK 74012.
                                                           Arrow, OK 74012.
    Wagoner......................  Unincorporated areas   Chris Edwards, Chair, Wagoner   Wagoner County Courthouse,     https://msc.fema.gov/portal/        Nov. 2, 2023..........       400215
                                    of Wagoner County      County Commissioners, 908       307 East Cherokee Street,      advanceSearch.
                                    (22-06-0519P).         Southwest 15th Street,          Wagoner, OK 74467.
                                                           Wagoner, OK 74467.

Tennessee: Sumner                  Unincorporated areas   The Honorable John C. Isbell,   Sumner County Administration   https://msc.fema.gov/portal/        Nov. 24, 2023.........       470349
                                    of Sumner County (23-  Mayor, Sumner County, 355       Building, 355 North            advanceSearch.
                                    04-0309P).             North Belvedere Drive, Room     Belvedere Drive, Gallatin,
                                                           102, Gallatin, TN 37066.        TN 37066.
Texas:
    Bexar........................  Unincorporated areas   The Honorable Peter Sakai,      Bexar County Public Works      https://msc.fema.gov/portal/        Nov. 6, 2023..........       480035
                                    of Bexar County (22-   Bexar County Judge, 101 West    Department, 1948 Probandt      advanceSearch.
                                    06-2616P).             Nueva Street, 10th Floor, San   Street, San Antonio, TX
                                                           Antonio, TX 78205.              78214.
    Collin.......................  City of Anna (22-06-   The Honorable Nate Pike,        Public Works, Building         https://msc.fema.gov/portal/        Nov. 3, 2023..........       480132
                                    2931P).                Mayor, City of Anna, P.O. Box   Department, 3223 North         advanceSearch.
                                                           776, Anna, TX 75409.            Powell Parkway, Anna, TX
                                                                                75409.
    Collin.......................  City of Murphy (22-06- The Honorable Scott Bradley,    City Hall, 206 North Murphy    https://msc.fema.gov/portal/        Oct. 23, 2023.........       480137
                                    2774P).                Mayor, City of Murphy, 206      Road, Murphy, TX 75094.        advanceSearch.
                                                           North Murphy Road, Murphy, TX
                                                           75094.
    Collin.......................  City of Plano (22-06-  The Honorable John Muns,        Engineering Department, 1520   https://msc.fema.gov/portal/        Oct. 23, 2023.........       480140
                                    2774P).                Mayor, City of Plano, 1520 K    K Avenue, Suite 250, Plano,    advanceSearch.
                                                           Avenue, Suite 250, Plano, TX    TX 75074.
                                                           75074.
    Collin.......................  City of Richardson     The Honorable Bob Dubey,        Engineering Department, 1302   https://msc.fema.gov/portal/        Oct. 23, 2023.........       480184
                                    (22-06-2774P).         Mayor, City of Richardson,      East Collins Boulevard,        advanceSearch.
                                                           411 West Arapaho Road,          Richardson, TX 75081.
                                                           Richardson, TX 75080.
    Collin.......................  Unincorporated areas   The Honorable Chris Hill,       Collin County Engineering      https://msc.fema.gov/portal/        Oct. 23, 2023.........       480130
                                    of Collin County (22-  Collin County Judge, 2300       Department, 4690 Community     advanceSearch.
                                    06-2774P).             Bloomdale Road, Suite 4192,     Avenue, Suite 200, McKinney,
                                                           McKinney, TX 75071.             TX 75071.
    Denton.......................  City of Lewisville     The Honorable T. J. Gilmore,    Engineering Department, 151    https://msc.fema.gov/portal/        Oct. 30, 2023.........       480195
                                    (23-06-0197P).         Mayor, City of Lewisville,      West Church Street,            advanceSearch.
                                                           P.O. Box 299002, Lewisville,    Lewisville, TX 75057.
                                                           TX 75057.
    Ellis........................  Unincorporated areas   The Honorable Todd Little,      Ellis County Public Works      https://msc.fema.gov/portal/        Nov. 2, 2023..........       480798
                                    of Ellis County (23-   Ellis County Judge, 101 West    Department, 109 South          advanceSearch.
                                    06-1297P).             Main Street, Waxahachie, TX     Jackson Street, Waxahachie,
                                                           75165.                          TX 75165.
    Rockwall.....................  City of Rockwall (23-  The Honorable Trace             City Hall, 385 South Goliad    https://msc.fema.gov/portal/        Dec. 4, 2023..........       480547
                                    06-0308P).             Johannesen, Mayor, City of      Street, Rockwall, TX 75087.    advanceSearch.
                                                           Rockwall 385 South Goliad
                                                           Street, Rockwall, TX 75087.
    Tarrant......................  City of Arlington (23- The Honorable Jim Ross, Mayor,  City Hall, 101 West Abram      https://msc.fema.gov/portal/        Nov. 16, 2023.........       485454
                                    06-0467P).             City of Arlington, P.O. Box     Street, Arlington, TX 76010.   advanceSearch.
                                                           90231, Arlington, TX 76004.
    Tarrant......................  City of Everman (23-   The Honorable Ray Richardson,   City Hall, 212 North Race      https://msc.fema.gov/portal/        Oct. 16, 2023.........       480594
                                    06-0333P).             Mayor, City of Everman, 212     Street, Everman, TX 76140.     advanceSearch.
                                                           North Race Street, Everman,
                                                           TX 76140.
    Tarrant......................  City of Fort Worth     The Honorable Mattie Parker,    Department of Transportation   https://msc.fema.gov/portal/        Oct. 23, 2023.........       480596
                                    (22-06-1840P).         Mayor, City of Fort Worth,      and Public Works,              advanceSearch.
                                                           200 Texas Street, Fort Worth,   Engineering Vault and Map
                                                           TX 76102.                       Repository, 200 Texas
                                                                                Street, Fort Worth, TX
                                                                                76102.
    Tarrant......................  City of Fort Worth     The Honorable Mattie Parker,    Department of Transportation   https://msc.fema.gov/portal/        Oct. 23, 2023.........       480596
                                    (23-06-0164P).         Mayor, City of Fort Worth,      and Public Works,              advanceSearch.
                                                           200 Texas Street, Fort Worth,   Engineering Vault and Map
                                                           TX 76102.                       Repository, 200 Texas
                                                                                Street, Fort Worth, TX
                                                                                76102.
    Tarrant......................  City of Fort Worth     The Honorable Mattie Parker,    Department of Transportation   https://msc.fema.gov/portal/        Nov. 17, 2023.........       480596
                                    (23-06-0655P).         Mayor, City of Fort Worth,      and Public Works,              advanceSearch.
                                                           200 Texas Street, Fort Worth,   Engineering Vault and Map
                                                           TX 76102.                       Repository, 200 Texas
                                                                                Street, Fort Worth, TX
                                                                                76102.

    Travis.......................  Unincorporated areas   The Honorable Andy Brown,       Travis County Transportation   https://msc.fema.gov/portal/        Dec. 11, 2023.........       481026
                                    of Travis County (23-  Travis County Judge, P.O. Box   and Natural Resources          advanceSearch.
                                    06-0466P).             1748, Austin, TX 78767.         Department, 700 Lavaca
                                                                                Street, 5th Floor, Austin,
                                                                                TX 78701.
    Wilson.......................  Unincorporated areas   The Honorable Henry L.          Wilson County Courthouse,      https://msc.fema.gov/portal/        Nov. 30, 2023.........       480230
                                    of Wilson County (22-  Whitman, Jr., Wilson County     1420 3rd Street, Suite 101,    advanceSearch.
                                    06-3006P).             Judge, 1420 3rd Street, Suite   Floresville, TX 78114.
                                                           101, Floresville, TX 78114.
Virginia:
    Loudoun......................  Unincorporated areas   Tim Hemstreet, Loudoun County   Loudoun County Government      https://msc.fema.gov/portal/        Nov. 6, 2023..........       510090
                                    of Loudoun County      Administrator, 1 Harrison       Center, 1 Harrison Street,     advanceSearch.
                                    (23-03-0047P).         Street, Southeast, 5th Floor,   Southeast, 3rd Floor, MSC
                                                           Leesburg, VA 20175.             #60, Leesburg, VA 20175.
    Prince William...............  Unincorporated areas   Christopher Shorter, Prince     Prince William County          https://msc.fema.gov/portal/        Oct. 27, 2023.........       510119
                                    of Prince William      William County Executive, 1     Watershed Management Branch,   advanceSearch.
                                    County (22-03-         County Complex Court, Prince    5 County Complex Court,
                                    1081P).                William, VA 22192.              Suite 170, Prince William,
                                                                                VA 22192.
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[FR Doc. 2023-21033 Filed 9-26-23; 8:45 am]
BILLING CODE 9110-12-P