  SEQ CHAPTER \h \r 1

Technical Memorandum

Development of MANE-VU Mobile Source Projection Inventories for
SMOKE/MOBILE6 Application

June 2006,    NESCAUM

I.  Background

The MANE-VU Emissions Inventory workgroup chose to utilize in-house
expertise to develop future year mobile source emission estimates for
use in Ozone, PM2.5, and Regional Haze SIP modeling.  Jung-Hun Woo,
NESCAUM, and Megan Schuster, MARAMA compiled all the information
necessary to run Mobile6 with Sparse Matrix Operator Kernel Emissions
(SMOKE) based on the state submitted data. The purpose of this document
is to describe how member states and NESCAUM/MARAMA prepared the mobile
source activity data (i.e. non-link based VMT & Speed), Mobile6 scenario
input files, and accompanying files in SMOKE/MOBILE6 format in support
of future year projection inventory development.

II. Procedure

2.1. Base year (Y2002) inventory file

The MANE-VU 2002 base year SMOKE/M6-ready mobile source files served as
a starting point for projection inventory development; hence, the
procedures employed for the development of these files are summarized
here.  E.H Pechan,  a contractor for MANE-VU, compiled MANE-VU 2002
mobile source inventories. The onroad emissions inventory was compiled
from data supplied by the MANE-VU State agencies in the form of onroad
emissions input data or emissions inventories either directly to MANE-VU
or to EPA through their CERR submittal.  States provided information in
one or more of the following ways:  (1) an onroad emission inventory
submittal to EPA, (2) MOBILE6 inputs and VMT data in National Mobile
Inventory Model (NMIM) format to EPA, (3) portions of MOBILE6 inputs or
full MOBILE6 input files and supporting files plus VMT to EPA, or (4)
portions of MOBILE6 inputs or full MOBILE6 input files and supporting
files plus VMT to MANE-VU.  Different procedures were followed in
developing the MANE-VU 2002 onroad emission inventory depending upon how
the data were submitted. All States provided information on 2002 onroad
activity in the form of vehicle miles traveled (VMT) estimates, although
the level of detail of the VMT data varied by State. After integration
of all these data, Pechan compiled onroad mobile source files in a
SMOKE/Mobile6 ready format.

2.2. Preparing technical guidance to create SMOKE/Mobile6 ready
information

As described above, States had the ability and experience to develop
their mobile source inventory data in NMIM, stand-alone Mobile6, and
emissions inventory format. They, however, were not familiar with
procedures for integrating files and converting them into a model ready
format. To assist the State workgroup in the creation of an inventory in
(as close as possible to) the SMOKE/Mobile6–ready format,
NESCAUM/MARAMA developed a technical guidance document (  HYPERLINK
"http://www.marama.org/visibility/Inventory%20Summary/FutureEmissionsInv
entory.htm"
http://www.marama.org/visibility/Inventory%20Summary/FutureEmissionsInve
ntory.htm ). In the document, we also explained how State workgroup
could download the year 2002 files (  HYPERLINK "ftp://ftp.marama.org"
ftp.marama.org ) and update them to create projection inventory files.

In the technical guidance, States were requested to supply NESCAUM and
MARAMA with the data described below, under Required Data.  States also
had the option to supply NESCAUM and MARAMA with the information listed
under Optional Data.

REQUIRED DATA:

SMOKE/IDA Activity File

Go to MARAMA FTP site (above), click on Onroad/ Final Smoke Files/
MANEVU_2002_mbinv.txt

Open the MANEVU_2002_mbinv.txt file

Delete all data that is not your state’s.

Update file with new header and annual VMT by SCC for 2009

Name file: state_2009_mbinv.txt

Repeat steps ‘b’ through ‘e’ for years 2012 and 2018

MOBILE6 input scenario files

Go to MARAMA ftp site, click on MANE-VU Onroad/ Final Smoke Files/
MANEVU_2002_SMOKE_M6_InputFiles_12032004.zip
/m6_2002/month/statecounty.in

Provide updated statecounty.in files for each month and year 2009, 2012
and 2018

Use same naming convention as the 2002 files – statecounty.in

OPTIONAL DATA:

 If a state wants to, they can update registration data to either 2004
or 2005

Go to MARAMA FTP site - Onroad/ Final Smoke
Files/MANEVU_2002_SMOKE_M6_ExternalFiles.zip

As an example, open file 0900002.reg (or any files with extension .reg)

There is a long header followed by the real data.  Real data starts at
the line called REG DIST. (See example file below).

States should update the registration data by vehicle class and age for
2004 or 2005.

If you update this data and change the name of the file, make sure the
M6 input scenario file (required data from above) includes the correct
file name for registration data (REG DIST).

2.3. States data submittal and compiling future inventory

As States submitted their projected mobile source files as listed above,
NESCAUM started to integrate Y2018 files and convert them into regional
(i.e. MANE-VU) files. The following subsections summarize the
compilation process for activity input, scenario input files, external
files and other SMOKE related files.

1) Activity input data (VMT/Speed)

- All member states submitted VMT and speed data. There were minor
issues in data formatting but nothing major.

- DE and MA re-submit VMT file at October, 2005 (MA change 2002 VMT,
too)

- Merge update 2002 MBINV file, ptpro/ptref, scenario input files for CT
and NJ

2) Scenario input files

- VT used the same input file for all the counties. So, only 36 input
files (i.e. 12months * 3 future years) were provided. VT set 050001 as a
reference county (MCREF).

- VT uses January as reference month for August processing. VT has
confirm that they want to change reference month for Apr-Sep as July
instead of January.

- ME submitted all monthly data in a file. NESCAUM split it by month.

- MA submitted only three input files (Avg Summer day, Typ Ozon day, Avg
Winter day) which were submitted to PECHAN to develop base year input
files. NESCAUM created *.in files by copying MANE-VU 2002 base-year *.in
files, then change years into 2009/2012/2018 and the link to the new
external files (LEV2CERT.D, LEV2EVAP.D, LEV2EXH.D).

- CT submitted *.IN files on 9/22/2005. The “> I/M DESC” file path
had been removed.

- RI scenario input files have 044yyc.IN name convention that are
supposed to be 044ccc.IN(yy stands for 2digit year and ccc stands for
3digit county FIPS). They are renamed and populated for 12months.

- Some states(MD) put "REBUILT EFFECTS" after “SCENARIO RECORD”
line. They were moved ahead of it.

- PA put “ANTI-Tamp” records in external files that need to be in
Scenario input files. NESCAUM wrote a Fortran code
(pa_input_4_override.f) and a C-shell script(cp_antitamp_4_pa.csh) to
put those records in scenario input files

- NJ has 2012 year tag in 2009 scenario input files. NESCAUM put them
back to 2009.

- For 2002 scenario input files update (10/27/2006), CT puts 0.07
Rebuild effect, NJ didn't put any. So, I put 0.1 to NJ 2002 input files.

- Putting future year rebuild effect is a modeling decision that needs
to be a constant throughout the region. So NESCAUM didn’t correct that
in file compilation. Modelers’ put 10% for the base year (2002) and
90% for the future years(2009/2012/2018). NYSDEC put 0.9 into year 2009
files and NESCAUM put 0.9 into year 2018 files before SMOKE/Mobile6
processing.

3) External files

  - VT uses some of NY state external files (e.g. NYLEV2.D, NYL2EXH.D,
NYL2EVAP.D, and NYL2CERT.D)

  - RI didn't provide any future-specific external files. 2002 MANE-VU
M6 external files were used

- MA and ME used the same named files which have identical contents to
each other: LEV2CERT.D, LEV2EVAP.D, and LEV2EXH.D

- DE, PA, and NJ submitted the same named files which have identical
contents to each other: NLEVNE.D

- DC file produce warnings (but not errors) from SMOKE/Mobile6 test run

 “User Supplied HC IM240 Cutpoint of  0.500 for year   1 and Vehicle
Type   1 is Too Low and has been Reset to 0.80 g/mi.”  Consulted with
DC and get a confirm that it’s ok to use it as-is.

4) Other SMOKE related files

  - MCREF/MVREF

    Update MANEVU_2002_mcref.txt for Maine because Penobscot county
(23019) was not found from MAINE_pointerfile.xls. Tammy Gould @ Maine
confirmed that Penobscot (019) has to be added where Piscataquis (021)
is. Correct this problem on both MANEVU_2018_mcref.txt and
MAINE_pointerfile.xls. MANEVU_2018_mvref.txt is updated by deleting
non-ref counties in ME.

  - MTPRO/MTREF

  Add CT and NJ's temporal profile/x-ref to 2018 MANEVU files

III. Sample model run

Even though NESCAUM had not run SMOKE/Mobile6 for any of the complete
projection years, we ran a day worth of each year: 1) to test
compatibility of compiled data with SMOKE/Mobile6 system and 2) to
examine trends in submitted projection data. As seen in the Figure 1 and
Figure 2, VMT increases 10~20% compared to the base year (i.e. year
2002) for the most of states whereas speed remains the same except for
NY and PA.

Figure 1. VMT(upper) and Speed (lower) for one day (August 1) of year
2002, 2009, 2012, and 2018

Figure 2. NOx(upper) and CO (lower) emissions for one day (August 1) of
year 2002, 2009, 2012, and 2018

Despite VMT increases, NOx and CO emissions decrease dramatically due to
future-year control programs. Emissions decrease a bit more slowly after
2009 given fewer anticipated controls during post-2009 years.

NOx reductions seen from Figure 2 can be verified in the spatial (by
county) NOx emission maps which were calculated using SMOKE/Mobile6 for
August 1 of each year. As region wide emissions decreased by years,
emissions from high emission areas (e.g. urban centers) decreased, as
well.

Figure 3. Spatial distribution of emissions from SMOKE/Mobile6 (August
1, NOx)

 PAGE

 PAGE   1


[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Rules and Regulations]
[Page 45047-45049]
[DOCID:fr02au10-1]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.

========================================================================

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30736; Amdt. No. 3384]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final Rule.

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

SUMMARY: This establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective August 2, 2010. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of August 2, 2010.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:

For Examination--

    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue, SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue, SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Harry J. Hodges, Flight Procedure
Standards Branch (AFS-420), Flight Technologies and Programs Divisions,
Flight Standards Service, Federal Aviation Administration, Mike
Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air traffic control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on July 23, 2010.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

0
Accordingly, pursuant to the authority delegated to me, Title 14, Code
of Federal Regulations, part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Effective 26 AUG 2010

Troy, AL, Troy Muni, Radar-1, Amdt 9
Smithfield, NC, Johnston County, ILS OR LOC RWY 3, Amdt 1
Smithfield, NC, Johnston County, NDB RWY 3, Amdt 1
Smithfield, NC, Johnston County, RNAV (GPS) RWY 3, Orig
Smithfield, NC, Johnston County, RNAV (GPS) RWY 21, Orig
Smithfield, NC, Johnston County, Takeoff Minimums and Obstacle DP,
Amdt 3
Charleston, SC, Charleston Executive, RNAV (GPS) RWY 9, Amdt 1
Charleston, SC, Charleston Executive, RNAV (GPS) RWY 27, Amdt 1
Charleston, SC, Charleston Executive, Takeoff Minimums and Obstacle
DP, Amdt 1
San Angelo, TX, San Angelo Rgnl/Mathis Fld, Takeoff Minimums and
Obstacle DP, Amdt 1

Effective 23 SEP 2010

Alabaster, AL, Shelby County, RNAV (GPS) RWY 16, Amdt 1
Alabaster, AL, Shelby County, RNAV (GPS) RWY 34, Amdt 2
Mammoth Lakes, CA, Mammoth Yosemite, Takeoff Minimums and Obstacle
DP, Amdt 1
Sacramento, CA, Sacramento Mather, ILS OR LOC/DME RWY 22L, Amdt 5
Gunnison, CO, Gunnison-Crested Butte Rgnl, RNAV (RNP) RWY 24, Orig
Milton, FL, Peter Prince Field, RNAV (GPS) RWY 36, Amdt 1
Augusta, GA, Daniel Field, NDB RWY 11, Amdt 4
Augusta, GA, Daniel Field, NDB/DME-C, Amdt 4
Augusta, GA, Daniel Field, RNAV (GPS) RWY 11, Orig
Augusta, GA, Daniel Field, VOR/DME-B, Amdt 1
Augusta, GA, Daniel Field, VOR/DME RNAV RWY 11, Amdt 5B, CANCELLED
Bainbridge, GA, Decatur County Industrial Air Park, ILS OR LOC RWY
27, Orig-A
Cairo, GA, Cairo-Grady County, Takeoff Minimums and Obstacle DP,
Amdt 3
Cochran, GA, Cochran, RNAV (GPS) RWY 29, Amdt 1
Macon, GA, Middle Georgia Rgnl, RNAV (GPS) RWY 23, Amdt 1
Savannah, GA, Savannah/Hilton Head Intl, RNAV (RNP) Y RWY 28, Orig
St Mary's, GA, St Mary's, RADAR-1, Amdt 2, CANCELLED
St Mary's, GA, St Mary's, RNAV (GPS) RWY 4, Orig
Thomasville, GA, Thomasville Rgnl, ILS OR LOC RWY 22, Orig-A
Harlan, IA, Harlan Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Marshalltown, IA, Marshalltown Muni, GPS RWY 12, Orig-B, CANCELLED
Marshalltown, IA, Marshalltown Muni, RNAV (GPS) RWY 13, Orig
Marshalltown, IA, Marshalltown Muni, RNAV (GPS) RWY 31, Orig
Marshalltown, IA, Marshalltown Muni, Takeoff Minimum and Obstacle
DP, Orig
Marshalltown, IA, Marshalltown Muni, VOR RWY 13, Amdt 2
Marshalltown, IA, Marshalltown Muni, VOR RWY 31, Amdt 2
Mount Pleasant, IA, Mount Pleasant, NDB RWY 33, Amdt 6
Mount Pleasant, IA, Mount Pleasant, RNAV (GPS) RWY 15, Orig
Mount Pleasant, IA, Mount Pleasant, RNAV (GPS) RWY 33, Orig
Mount Pleasant, IA, Mount Pleasant, Takeoff Minimums and Obstacle
DP, Amdt 2
Champaign/Urbana, IL, University of Illinois-Willard, RNAV (GPS) RWY
4, Orig-A
Decatur, IL, Decatur, GPS RWY 30, Amdt 1, CANCELLED
Decatur, IL, Decatur, ILS OR LOC RWY 6, Amdt 13E
Decatur, IL, Decatur, RNAV (GPS) RWY 6, Orig-A
Decatur, IL, Decatur, RNAV (GPS) RWY 30, Orig
Decatur, IL, Decatur, RNAV (GPS) RWY 36, Orig-A
Decatur, IL, Decatur, VOR RWY 18, Orig-B
Mattoon/Charleston, IL, Coles County Memorial, ILS OR LOC RWY 29,
Amdt 6B
Hays, KS, Hays Rgnl, GPS RWY 16, Orig-D, CANCELLED
Hays, KS, Hays Rgnl, RNAV (GPS) RWY 4, Orig
Hays, KS, Hays Rgnl, RNAV (GPS) RWY 16, Orig
Hays, KS, Hays Rgnl, RNAV (GPS) RWY 22, Orig
Hays, KS, Hays Rgnl, RNAV (GPS) RWY 34, Amdt 2
Manhattan, KS, Manhattan Rgnl, ILS OR LOC/DME RWY 3, Amdt 7
Manhattan, KS, Manhattan Rgnl, RNAV (GPS) RWY 3, Amdt 1
Manhattan, KS, Manhattan Rgnl, RNAV (GPS) RWY 21, Amdt 1
Manhattan, KS, Manhattan Rgnl, Takeoff Minimums and Obstacle DP,
Amdt 7
Manhattan, KS, Manhattan Rgnl, VOR RWY 3, Amdt 18
Manhattan, KS, Manhattan Rgnl, VOR/DME-F, Amdt 1
Manhattan, KS, Manhattan Rgnl, VOR-H, Amdt 14B, CANCELLED
Wichita, KS, Wichita Mid Continent, RNAV (GPS) Y RWY 1L, Amdt 1
Wichita, KS, Wichita Mid Continent, RNAV (GPS) Y RWY 14, Amdt 2
Wichita, KS, Wichita Mid Continent, RNAV (GPS) Y RWY 19L, Amdt 1
Wichita, KS, Wichita Mid Continent, RNAV (GPS) Y RWY 19R, Amdt 1
Wichita, KS, Wichita Mid Continent, RNAV (GPS) Z RWY 1L, Orig-A,
CANCELLED
Wichita, KS, Wichita Mid Continent, RNAV (GPS) Z RWY 19L, Orig-B,
CANCELLED
Wichita, KS, Wichita Mid Continent, RNAV (RNP) Z RWY 1L, Orig
Wichita, KS, Wichita Mid Continent, RNAV (RNP) Z RWY 14, Orig
Wichita, KS, Wichita Mid Continent, RNAV (RNP) Z RWY 19L, Orig
Wichita, KS, Wichita Mid Continent, RNAV (RNP) Z RWY 19R, Orig
Old Town, ME, Dewitt Fld Old Town Muni, GPS RWY 12, Orig, CANCELLED
Old Town, ME, Dewitt Fld Old Town Muni, GPS RWY 30, Orig, CANCELLED
Old Town, ME, Dewitt Fld Old Town Muni, NDB RWY 22, Amdt 6
Old Town, ME, Dewitt Fld Old Town Muni, RNAV (GPS) RWY 12, Orig
Old Town, ME, Dewitt Fld Old Town Muni, RNAV (GPS) RWY 22, Orig
Old Town, ME, Dewitt Fld Old Town Muni, RNAV (GPS) RWY 30, Orig
Detroit, MI, Willow Run, RNAV (GPS) RWY 5R, Amdt 1
Litchfield, MN, Litchfield Muni, RNAV (GPS) RWY 13, Orig
Litchfield, MN, Litchfield Muni, RNAV (GPS) RWY 31, Orig
Litchfield, MN, Litchfield Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Litchfield, MN, Litchfield Muni, VOR-A, Amdt 2
Litchfield, MN, Litchfield Muni, VOR/DME RNAV OR GPS RWY 31, Amdt 1,
CANCELLED

Camdenton, MO, Camdenton Memorial, GPS RWY 33, Orig-B, CANCELLED
Camdenton, MO, Camdenton Memorial, RNAV (GPS) RWY 15, Orig
Camdenton, MO, Camdenton Memorial, RNAV (GPS) RWY 33, Orig
Camdenton, MO, Camdenton Memorial, Takeoff Minimum and Obstacle DP,
Amdt 1
Camdenton, MO, Camdenton Memorial, VOR-A, Amdt 4
Cuba, MO, Cuba Muni, NDB-A, Orig, CANCELLED
Farmington, MO, Farmington Rgnl, GPS RWY 2, Orig, CANCELLED
Farmington, MO, Farmington Rgnl, NDB RWY 20, Amdt 3
Farmington, MO, Farmington Rgnl, RNAV (GPS) RWY 2, Orig
Farmington, MO, Farmington Rgnl, RNAV (GPS) RWY 20, Orig
Monett, MO, Monett Muni, RNAV (GPS) RWY 18, Amdt 2
Monett, MO, Monett Muni, RNAV (GPS) RWY 36, Amdt 2
Monett, MO, Monett Muni, Takeoff Minimums and Obstacle DP, Amdt 1
Nevada, MO, Nevada Muni, NDB RWY 20, Amdt 2, CANCELLED
Nevada, MO, Nevada Muni, RNAV (GPS) RWY 2, Orig
Nevada, MO, Nevada Muni, RNAV (GPS) RWY 20, Orig
Nevada, MO, Nevada Muni, Takeoff Minimums and Obstacle DP, Orig
Nevada, MO, Nevada Muni, VOR/DME-A, Amdt 2
Nevada, MO, Nevada Muni, VOR/DME RNAV OR GPS RWY 20, Amdt 1,
CANCELLED
Booneville/Baldwyn, MS, Booneville/Baldwyn, GPS RWY 33, Orig,
CANCELLED
Booneville/Baldwyn, MS, Booneville/Baldwyn, RNAV (GPS) RWY 15, Orig
Booneville/Baldwyn, MS, Booneville/Baldwyn, RNAV (GPS) RWY 33, Orig
Booneville/Baldwyn, MS, Booneville/Baldwyn, VOR/DME-A, Amdt 1
Jackson, MS, Hawkins Field, Takeoff Minimum and Obstacle DP, Amdt 1
Louisville, MS, Louisville-Winston County, GPS RWY 17, Orig,
CANCELLED
Louisville, MS, Louisville-Winston County, RNAV (GPS) RWY 17, Orig
Louisville, MS, Louisville-Winston County, RNAV (GPS) RWY 35, Orig
Starksville, MS, George M Bryan, RNAV (GPS) RWY 18, Amdt 1
Starksville, MS, George M Bryan, RNAV (GPS) RWY 36, Amdt 2
Starksville, MS, George M Bryan, VOR/DME-A, Amdt 6, CANCELLED
Bozeman, MT, Gallatin Field, BOZEMAN THREE Graphic Obstacle DP
Poplar, MT, Poplar Muni, RNAV (GPS) RWY 27, Orig
Poplar, MT, Poplar Muni, Takeoff Minimums and Obstacle DP, Orig
Poplar, MT, Poplar, RNAV (GPS) RWY 9, Amdt 1, CANCELLED
Poplar, MT, Poplar, RNAV (GPS) RWY 27, Orig-A, CANCELLED
Poplar, MT, Poplar, Takeoff Minimums and Obstacle DP, Orig,
CANCELLED
Albemarle, NC, Stanly County, ILS OR LOC RWY 22L, Amdt 1A
Greensboro, NC, Piedmont Triad Intl, RNAV (GPS) RWY 14, Amdt 2
Greensboro, NC, Piedmont Triad Intl, RNAV (GPS) RWY 32, Amdt 2
Rutherfordton, NC, Rutherford Co-Marchman Field, RNAV (GPS) RWY 1,
Amdt 1
Rutherfordton, NC, Rutherford Co-Marchman Field, RNAV (GPS) RWY 19,
Orig
Minden, NE, Pioneer Village Field, Takeoff Minimums and Obstacle DP,
Amdt 2
Atlantic City, NJ, Atlantic City Intl, RNAV (GPS) Y RWY 13, Amdt 4
Atlantic City, NJ, Atlantic City Intl, RNAV (GPS) Y RWY 31, Amdt 3
Atlantic City, NJ, Atlantic City Intl, RNAV (RNP) Z RWY 13, Orig
Atlantic City, NJ, Atlantic City Intl, RNAV (RNP) Z RWY 31, Orig
Carson City, NV, Carson, JIMPA TWO Graphic Obstacle DP
Johnstown, NY, Fulton County, GPS RWY 10, Orig, CANCELLED
Johnstown, NY, Fulton County, GPS RWY 28, Orig, CANCELLED
Johnstown, NY, Fulton County, NDB RWY 10, Amdt 2
Johnstown, NY, Fulton County, NDB RWY 28, Amdt 2
Johnstown, NY, Fulton County, RNAV (GPS) RWY 10, Orig
Johnstown, NY, Fulton County, RNAV (GPS) RWY 28, Orig
Johnstown, NY, Fulton County, Takeoff Minimums and Obstacle DP, Amdt
2
Urbana, OH, Grimes Field, RNAV (GPS) RWY 2, Amdt 1
Urbana, OH, Grimes Field, RNAV (GPS) RWY 20, Amdt 1
Blackwell, OK, Blackwell-Tonkawa Muni, Takeoff Minimums and Obstacle
DP, Orig
Duncan, OK, Halliburton Field, Takeoff Minimums and Obstacle DP,
Amdt 1
Frederick, OK, Frederick Rgnl, Takeoff Minimums and Obstacle DP,
Orig
Oklahoma City, OK, Will Rodgers World, RNAV (GPS) Y RWY 35R, Amdt 1
Pauls Valley, OK, Pauls Valley Muni, RNAV (GPS) RWY 17, Orig-A
Tulsa, OK, Tulsa Intl, RNAV (GPS) Y RWY 18R, Amdt 1A
Tulsa, OK, Tulsa Intl, RNAV (RNP) Z RWY 18R, Orig
Tulsa, OK, Tulsa Intl, RNAV (RNP) Z RWY 26, Orig
Tulsa, OK, Tulsa Intl, Takeoff Minimums and Obstacle DP, Amdt 1
Eugene, OR, Mahlon Sweet Field, ILS OR LOC/DME RWY 16L, Amdt 1
Eugene, OR, Mahlon Sweet Field, RNAV (GPS) RWY 16L, Amdt 1
Corry, PA, Corry-Lawrence, RNAV (GPS) RWY 14, Amdt 1
Corry, PA, Corry-Lawrence, RNAV (GPS) RWY 32, Amdt 1
Pottsville, PA, Schuylkill County/Joe Zerbey, RNAV (GPS) RWY 11,
Amdt 2
Pottsville, PA, Schuylkill County/Joe Zerbey, RNAV (GPS) RWY 29,
Amdt 2
Chester, SC, Chester Catawba Rgnl, NDB RWY 35, Amdt 2
Chester, SC, Chester Catawba Rgnl, RNAV (GPS) RWY 17, Amdt 1
Chester, SC, Chester Catawba Rgnl, RNAV (GPS) RWY 35, Amdt 1
Austin, TX, Austin Executive, RNAV (GPS) RWY 13, Orig
Austin, TX, Austin Executive, RNAV (GPS) RWY 31, Orig
Austin, TX, Austin Executive, Takeoff Minimums and Obstacle DP, Orig
Houston, TX, Lone Star Executive, RNAV (GPS) RWY 1, Orig
Houston, TX, Lone Star Executive, RNAV (GPS) RWY 19, Orig
Houston, TX, Lone Star Executive, RNAV (GPS) RWY 32, Amdt 1
Houston, TX, Lone Star Executive, Takeoff Minimums and Obstacle DP,
Amdt 3
Levelland TX, Levelland Muni, GPS RWY 17, Orig-A, CANCELLED
Levelland TX, Levelland Muni, GPS RWY 35, Orig-A, CANCELLED
Levelland TX, Levelland Muni, NDB RWY 17, Amdt 3
Levelland TX, Levelland Muni, NDB RWY 35, Amdt 2
Levelland TX, Levelland Muni, RNAV (GPS) RWY 17, Orig
Levelland TX, Levelland Muni, RNAV (GPS) RWY 35, Orig
San Marcos, TX, San Marcos Muni, Takeoff Minimums and Obstacle DP,
Amdt 1
Wichita Falls, TX, Wichita Valley, Takeoff Minimums and Obstacle DP,
Amdt 1
Bryce, UT, Bryce Canyon, BRYCE ONE Graphic Obstacle DP
Bryce, UT, Bryce Canyon, RNAV (GPS) RWY 3, Orig
Bryce, UT, Bryce Canyon, RNAV (GPS) RWY 21, Orig
Bryce, UT, Bryce Canyon, Takeoff Minimums and Obstacle DP, Orig
Petersburg, VA, Dinwiddie County, LOC RWY 5, Amdt 2, CANCELLED
Petersburg, VA, Dinwiddie County, LOC/NDB RWY 5, Orig

[FR Doc. 2010-18745 Filed 7-30-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 150 (Friday, August 5, 2022)]
[Rules and Regulations]
[Pages 47938-47939]
[FR Doc No: 2022-16801]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2022-0639]
RIN 1625-AA00

Safety Zone; Conventions Services Unlimited Firework; Detroit
River; Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters near the Downtown Detroit, Detroit, MI. The safety
zone is necessary to protect personnel, vessels, and the marine
environment from potential hazards associated with fireworks displays
created by the Conventions Services Unlimited Firewoks display. Entry
of vessels or persons into this safety zone is prohibited unless
specifically authorized by the Captain of the Port Detroit or his
designated representative.

DATES: This rule is effective from 9:30 p.m. through 10:30 p.m. on
August 24, 2022.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2022-0639 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Tracy Girard, Waterways Department, Coast Guard
Sector Detroit, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
event sponsor notified the Coast Guard with insufficient time to
accommodate the comment period. This safety zone must be established by
August 24, 2022 in order to protect the public and vessels from the
hazards associated with a maritime fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the rule's objectives of protecting the
public and vessels on the navigable waters in the vicinity of the
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Detroit
(COTP) has determined that potential hazards associated with fireworks
displays will be a safety concern for anyone within a 420-foot radius
of the launch site. The likely combination of recreational vessels,
darkness punctuated by bright flashes of light, and fireworks debris
falling into the water presents risks of collisions which could result
in serious injuries or fatalities. This rule is necessary to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 9:30
p.m. through 10:30 p.m. on August 24, 2022. The safety zone will
encompass all U.S. navigable waters of the Detroit River within a 420-
foot radius of the fireworks launch site located at the GM Plaza
Promenade in downtown Detroit, MI. The duration of the safety zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during the fireworks display. Entry into,
transiting, or anchoring within the safety zone is prohibited unless
authorized by the COTP Detroit or his designated representative. The
COTP Detroit or his designated representative may be contacted via VHF
Channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under Executive Order 12866. Accordingly, this
rule has not been reviewed by the Office of Management and Budget
(OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. Vessel traffic will be able
to safely transit around this safety zone which would impact a small
designated area of the Detroit River for approximately 1 hour during
the evening when vessel traffic is normally low. Moreover, under
certain conditons vessels may still transit through the safety zone
when permitted by the COTP Detroit or his designated representative.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.

    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. 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).

D. Federalism and Indian Tribal Governments

    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 have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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.

E. 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of
1969(42 U.S.C. 4321-4370f), and have determined that this action is one
of a category of actions that do not individually or cumulatively have
a significant effect on the human environment. This rule creates a
safety zone lasting approximately 1 hour that will prohibit entry
within a 420-foot radius of where the fireworks display will be
conducted. It is categorically excluded from further review under
paragraph L[60] of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 1. A Record of Environmental Consideration supporting
this determination is available in the docket. For instructions on
locating the docket, see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 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.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T09-0639 to read as follows:

Sec.  165.T09-0639  Safety Zone; Convention Services Unlimited
Fireworks; Detroit River, Detroit, MI.

    (a) Location. The following area is a temporary safety zone: all
U.S. navigable waters of the Detroit River within a 420-foot radius of
the fireworks launch site located at position 42[deg]19.576' N,
83[deg]02.28' W. All geographic coordinates are North American Datum of
1983 (NAD 83).
    (b) Enforcement period. This regulation will be enforced from 9:30
p.m. through 10:30 p.m. on August 24, 2022. The COTP Detroit or his
designated representative may suspend enforcement of the safety zone at
any time.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting or anchoring within
this safety zone is prohibited unless authorized by the COTP Detroit or
his designated representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the COTP Detroit or his designated representative.
    (3) The ``designated representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant, or petty officer who has been
designated by the COTP Detroit to act on his behalf. The designated
representative of the COTP Detroit will be aboard either a Coast Guard
or Coast Guard Auxiliary vessel. The COTP Detroit or his designated
representative may be contacted via VHF Channel 16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the COTP Detroit or his designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by the COTP Detroit or his designated representative.

    Dated: August 1, 2022.
Brad W. Kelly,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2022-16801 Filed 8-4-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 79, Number 124 (Friday, June 27, 2014)]
[Rules and Regulations]
[Pages 36409-36411]
[FR Doc No: 2014-15115]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0188]
RIN 1625-AA00

Safety Zone; Celebrate the Amboys Fireworks; Raritan Bay, Perth
Amboy, NJ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone on the
navigable waters of Raritan Bay in the vicinity of Perth Amboy, New
Jersey for a fireworks display. This temporary safety zone is necessary
to protect spectators and vessels from the hazards associated with
fireworks displays. This rule is intended to restrict all vessels from
a portion of Raritan Bay before, during, and immediately after the
fireworks event.

DATES: This rule is effective from 8:45 p.m. on July 3, 2014 to 10:15
p.m. on July 4, 2014.

ADDRESSES: Documents mentioned in this preamble are part of docket
[USCG-2014-0188]. 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,
call or email Lieutenant Kristopher Kesting, Sector NY Waterways
Management, U.S. Coast Guard; 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

    On April 25, 2014, we published a notice of proposed rulemaking
(NPRM) entitled Celebrate The Amboys Fireworks; Raritan Bay, Perth
Amboy, NJ in the Federal Register (79 FR 22919). We received no
comments on the proposed rule. No public meeting was requested and none
was held.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The rule must become effective on
the date specified in order to provide for the safety of spectators and
vessels operating in the area near this event. Delaying the effective
date of this rule would be contrary to the public interest and would
expose spectators and vessels to the hazards associated with the
fireworks event. The sponsor advised that any change to the date of the
event would cause economic hardship on the event sponsor, negatively
impacting other activities being held in conjunction with the event.

B. Basis and Purpose

    The legal basis for this rule is 33 U.S.C. 1231; 46 U.S.C. Chapter
701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6,
160.5; Public Law 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.
    This temporary safety zone is necessary to ensure the safety of
spectators and vessels from hazards associated with the fireworks
display.

C. Discussion of Comments, Changes and the Final Rule

    No comments were received but one change was made to the final
rule. The sponsor changed the event date to July 3, 2014 and added July
4, 2014 as a rain date. The NPRM stated that the event date was July 4,
2014. On April 18, 2014, the Coast Guard received notification via
email that the event sponsor requested the date of the event be changed
to July 3, 2014 and that July 4, 2014 would be utilized as a rain date.

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's enforcement of this safety zone will be of short
duration, lasting only 90 minutes. The safety zone will restrict access
to only a small portion of the navigable waterways of Raritan Bay.
Vessels will be able to navigate around the proposed safety zone.
Furthermore, vessels may be authorized to transit through the safety
zone with the permission of the COTP.

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 received 0 comments from the Small Business
Administration on this rule. 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 proposed rule will affect the following entities, some of
which may be small entities: The owners and operators of vessels
intending to transit or anchor in a small portion of Raritan Bay during
the effective period.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule would be in effect for only 90 minutes late at night when vessel
traffic is low, vessel traffic can pass safely around the safety zone,
and the Coast Guard will notify mariners before activating the zone by
appropriate means which may include but are not limited to Local Notice
to Mariners and Broadcast Notice to Mariners.

3. Assistance for Small Entities

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

4. Collection of Information

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

5. Federalism

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

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children

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

11. Indian Tribal Governments

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

12. Energy Effects

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

13. Technical Standards

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

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves establishment of a temporary safety
zone. This rule may be 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

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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 AREA

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

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

0
2. Add Sec.  165.T01-0188 to read as follows:

Sec.  165.T01-0188  Safety Zone; Celebrate the Amboys Fireworks;
Raritan Bay, Perth Amboy, NJ.

    (a) Regulated Area. The following area is a temporary safety zone:
all navigable waters of Raritan Bay within a 360 yard radius around
position 40[deg]29'16.8'' N, 074[deg]15'32.4'' W.
    (b) Enforcement Period. This rule will be enforced on July 3, 2014
from 8:45 p.m. to 10:15 p.m., or in the event of inclement weather this
rule will be enforced on July 4, 2014, same times apply.
    (c) Definitions. The following definitions apply to this section:
    (1) Designated Representative. A ``designated representative'' is
any Coast Guard commissioned, warrant or petty officer of the U.S.
Coast Guard who has been designated by the Captain of the Port New York
(COTP), to act on his or her behalf. A designated representative may be
on an official patrol vessel or may be on shore and will communicate
with vessels via VHF-FM radio or loudhailer. In addition, members of
the Coast Guard Auxiliary may be present to inform vessel operators of
this regulation.
    (2) Official Patrol Vessels. Official patrol vessels may consist of
any Coast Guard, Coast Guard Auxiliary, state, or local law enforcement
vessels assigned or approved by the COTP.
    (d) Regulations.
    (1) The general regulations contained in 33 CFR 165.23, as well as
the following regulations, apply.
    (2) No vessels, except for fireworks barge and accompanying
vessels, will be allowed to transit the safety zone without the
permission of the COTP, or a designated representative.
    (3) All persons and vessels shall comply with the instructions of
the COTP or a designated representative. Upon being hailed by a U.S.
Coast Guard vessel by siren, radio, flashing light or other means, the
operator of a vessel shall proceed as directed.
    (4) Vessel operators desiring to enter or operate within the
regulated area shall contact the COTP or a designated representative
via VHF channel 16 or<PHONE_NUMBER> (Sector New York command center) to
obtain permission to do so.

    Dated: June 11, 2014.
G. Loebl,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2014-15115 Filed 6-26-14; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Notices]
[Pages 23301-23303]
[FR Doc No: 2012-9290]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66799; File No. SR-Phlx-2012-38]

 Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
FINRA Fees

April 12, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\, and Rule 19b-4 \2\ thereunder, notice is hereby given
that on April 11, 2012, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``SEC'' or
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Commission
is publishing this notice to solicit comments on the proposed rule
change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend the Exchange's Pricing Schedule at
Section VII, C to update FINRA fees to mirror the text of The NASDAQ
Stock Market LLC (``NASDAQ Stock Market'') and NASDAQ OMX BX, Inc.
(``BX'').
    The text of the proposed rule change is available on the Exchange's
Web site

at http://www.nasdaqtrader.com/micro.aspx?id=PHLXRulefilings, at the
principal office of the Exchange, on the Commission's Web site at
http://www.sec.gov, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange 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
    The purpose of the proposed rule change is to both amend and update
the Exchange's FINRA fees on its Pricing Schedule at Section VII, C
entitled ``FINRA Fees'' to mirror the rules of the NASDAQ Stock Market
and BX. Currently, the Exchange displays all the FINRA fees that are
billed and collected by FINRA at Section VII, C on behalf of the
Exchange. The Exchange is proposing to replace the relevant text in the
Pricing Schedule with text similar to that of NASDAQ Stock Market Rule
7003(a)(1)--(5) \3\ and BX Rule 7003(a)(1)--(5).\4\ This amendment
would serve to (1) conform the Exchange's Pricing Schedule to that of
NASDAQ Stock Market and BX rules in order to avoid confusion over
similar FINRA fees listed in those rules, however reflected differently
on the Phlx Pricing Schedule as compared to the NASDAQ Stock Market and
BX Rules with respect to DOJ related costs;\5\ and (2) update Phlx's
current fees so that the fees comport with a recent amendment to the
DOJ pass-through fee,\6\ which is billed and collected by FINRA.
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    \3\ Rule 7003(a)(6) and (b) are specific to NASDAQ Stock Market
and not applicable to Phlx. Also the NASDAQ Stock Market rule has a
reference to NASD which is being reflected as FINRA in the
Exchange's proposed rule text similar to the text of BX Rule 7003.
    \4\ Rule 7003(a)(6) and (b) are specific to BX and not
applicable to Phlx.
    \5\ The Phlx Pricing Schedule calculates the cost of the FINRA
fingerprint processing fee ($13) together with the pass through fee
imposed by the United States Department of Justice (``DOJ'') while
NASDAQ Stock Market Rule 7003(a)(4) and (5) and BX Rule 7003(a)(4)
and (5) only displays the $13 FINRA fingerprint processing fee and
does not display the pass-through amount to the DOJ but rather notes
such a cost is assessed by FINRA.
    \6\ FINRA notified its members through an Information Notice
that there was a reduction to the DOJ pass-through fee from $17.25
to $14.50. The amounts currently displayed for fingerprint
processing fees on Phlx's Pricing Schedule would therefore need to
be amended from $30.25 to $27.50 to update the current Pricing
Schedule. However, the proposed amendment to the Pricing Schedule
would only reference the FINRA fees and would not reference the DOJ
pass-through fees therefore obviating the amendment to the proposed
text to display the price decrease as the exact DOJ fee would no
longer be displayed.
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2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act \7\ in general, and furthers the objectives of Section
6(b)(5) of the Act \8\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to and
perfect the mechanism of a free and open market and a national market
system, and, in general to protect investors and the public interest,
by conforming the text of the Exchange's Pricing Schedule regarding
certain fees billed and collected by FINRA to that of the NASDAQ Stock
Market Rule and BX, to the extent the fees apply to the Exchange, so
that there is no confusion as to the amount of fees which are similarly
billed and collected by FINRA to members of the various exchanges.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.

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

    No written comments were either solicited or received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \11\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6) permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has
requested that the Commission waive the 30-day operative delay and
designate the proposed rule change operative upon filing. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
and, therefore, designates the proposal operative upon filing.\12\ The
proposed rule change is not controversial as it would conform the text
of the Exchange's Pricing Schedule to similar rule text on the NASDAQ
Stock Market and BX. In addition, the proposed rule change would update
the Exchange's Pricing Schedule to make the amount of the FINRA
fingerprinting fees displayed on the Pricing Schedule accurate.
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    \11\ 17 CFR 240.19b-4(f)(6).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. 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 email to<EMAIL_ADDRESS>Please include
File Number SR-Phlx-2012-38 on the subject line.

Paper Comments
     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-Phlx-2012-38. This file
number should be included on the subject line if email 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 Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of the Exchange. 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-Phlx-2012-38 and
should be submitted on or before May 9, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-9290 Filed 4-17-12; 8:45 am]
BILLING CODE 8011-01-P