[Federal Register Volume 81, Number 100 (Tuesday, May 24, 2016)]
[Rules and Regulations]
[Pages 32652-32654]
[FR Doc No: 2016-12096]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2015-0518; FRL-9946-76-Region 4]

Air Plan Approval; North Carolina; Regional Haze

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
approval of a revision to North Carolina's regional haze State
Implementation Plan (SIP), submitted by the North Carolina Department
of Environmental Quality (formerly known as the North Carolina
Department of Environment and Natural Resources (NC DENR)) on October
31, 2014, that relies on an alternative to Best Available Retrofit
Technology (BART) to satisfy BART requirements for electric generating
units (EGUs) formerly subject to the Clean Air Interstate Rule (CAIR).
EPA is also finalizing its determination that final approval of this
SIP revision corrects the deficiencies that led to EPA's limited
disapproval of the State's regional haze SIP on June 7, 2012, and is
converting EPA's June 27, 2012, limited approval to a full approval.
This submittal addresses the requirements of the Clean Air Act (CAA or
Act) and EPA's rules that require states to prevent any future, and
remedy any existing, manmade impairment of visibility in mandatory
Class I areas caused by emissions of air pollutants from numerous
sources located over a wide geographic area

(also referred to as the regional haze program). States are required to
assure reasonable progress toward the national goal of achieving
natural visibility conditions in Class I areas.

DATES:  This rule is effective June 23, 2016.

ADDRESSES: EPA has established a docket for these actions under Docket
Identification No. EPA-R04-OAR-2015-0518. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Michele Notarianni, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. Ms. Notarianni can be reached via electronic mail at
<EMAIL_ADDRESS>or via telephone at<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

    Regional haze is visibility impairment that is produced by a
multitude of sources and activities which are located across a broad
geographic area and emit fine particles (e.g., sulfates, nitrates,
organic carbon, elemental carbon, and soil dust) and their precursors
(e.g., sulfur dioxide (SO2), nitrogen oxides
(NOX), and in some cases, ammonia and volatile organic
compounds). In section 169A of the 1977 Amendments to the CAA, Congress
created a program for protecting visibility in the nation's national
parks and wilderness areas. In the 1990 CAA Amendments, Congress
amended the visibility provisions in the CAA to focus attention on the
problem of regional haze.
    In 1999, EPA promulgated the regional haze rule (RHR), which
requires states to develop and implement SIPs to ensure reasonable
progress toward improving visibility in Class I areas by reducing
emissions that cause or contribute to regional haze. See 64 FR 35713
(July 1, 1999). The RHR requires each state, the District of Columbia,
and the Virgin Islands to each submit a regional haze SIP no later than
December 17, 2007. Under 40 CFR 51.308(e), the SIP must contain
emission limitations representing BART and schedules for compliance
with BART for each BART-eligible source, unless the SIP demonstrates
that an emissions trading program or other alternative (BART
Alternative) will achieve greater reasonable progress toward natural
visibility conditions than would have resulted from the installation
and operation of BART at all sources subject to BART and covered by the
BART Alternative. An approvable BART Alternative must meet the criteria
in 40 CFR 51.308(e)(2).
    North Carolina submitted its regional haze SIP on December 17,
2007, the regional haze SIP submittal deadline. Fully consistent with
EPA's regulations at the time, the SIP relied on CAIR to satisfy
NOX and SO2 BART requirements for CAIR-subject
EGUs in the State and to partially satisfy the requirement for a long-
term strategy sufficient to achieve the State-adopted reasonable
progress goals. EPA finalized a limited disapproval of North Carolina's
regional haze SIP on June 7, 2012 (77 FR 33642), triggering the
requirement for EPA to promulgate a Federal Implementation Plan (FIP)
unless EPA approves a SIP revision that corrects the deficiency. EPA
finalized a limited approval of North Carolina's regional haze SIP on
June 27, 2012 (77 FR 38185), as meeting the remaining applicable
regional haze requirements set forth in the CAA and the RHR. On October
31, 2014, NC DENR submitted a revision to North Carolina's regional
haze SIP to correct the deficiencies identified in the June 7, 2012,
limited disapproval by replacing reliance on CAIR with reliance on a
BART Alternative to satisfy NOX and SO2 BART
requirements for EGUs formerly subject to CAIR.
    In a notice of proposed rulemaking (NPRM) published on April 5,
2016 (81 FR 19519), EPA proposed to approve North Carolina's October
31, 2014, BART Alternative regional haze SIP revision; to determine
that final approval of the SIP revision would correct the deficiencies
that led to EPA's limited disapproval of the State's regional haze SIP;
and to convert EPA's limited approval of the State's regional haze SIP
to a full approval, thereby eliminating the need for EPA to issue a FIP
to remedy the deficiencies. The details of North Carolina's submission
and the rationale for EPA's actions are explained in the NPRM. Comments
on the proposed rulemaking were due on or before April 26, 2016.
    EPA received one set of comments supporting the proposed actions
and no adverse comments. The supporting comments were provided by Duke
Energy. Table 1 in EPA's NPRM indicates that Units 5-9 at Duke Energy's
Buck power plant were converted from coal to natural gas. See 81 FR
19521 (April 5, 2016). Duke Energy's supporting comments clarify that
these five EGUs were retired from operation in 2011 and 2012 and that
the units have been replaced by two new natural gas-fired combined
cycle turbines equipped with Selective Catalytic Reduction for
NOX control. This clarification does not impact EPA's
conclusions because it does not alter the analysis supporting the BART
Alternative.

II. Final Actions

    EPA is finalizing approval of North Carolina's October 31, 2014,
regional haze SIP revision because EPA has determined that the BART
Alternative contained therein meets the requirements of 40 CFR
51.308(e)(2). EPA is also converting EPA's June 27, 2012, limited
approval of North Carolina's regional haze SIP to a full approval
because EPA finds that final approval of the State's October 31, 2014,
regional haze SIP revision corrects the deficiencies that led to EPA's
limited disapproval of the State's regional haze SIP.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, these
actions merely approve state law as meeting federal requirements and do
not impose additional requirements beyond those imposed by state law.
For that reason, these actions:
     Are not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735,

October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     do not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing these actions 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. These actions are not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of these actions must be filed in the United States Court of Appeals
for the appropriate circuit by July 25, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of these actions 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. These actions 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, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

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

    Dated: May 12, 2016.
Heather McTeer Toney,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS]

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

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

Subpart II--North Carolina

0
2. Section 52.1770(e), is amended by adding an entry for ``BART
Alternative Plan'' at the end of the table to read as follows:

Sec.  52.1770  Identification of plan.

* * * * *
    (e) * * *

                              EPA-Approved North Carolina Non-Regulatory Provisions
----------------------------------------------------------------------------------------------------------------
                                        State       EPA Approval     Federal Register
            Provision              effective date       date             citation              Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
BART Alternative Plan............      10/31/2014       5/24/2016  [Insert Federal      This plan modifies the
                                                                    Register citation].  Regional Haze Plan
                                                                                approved with a state
                                                                                effective date of 11/17/
                                                                                2007 (see above) and
                                                                                converts the June 27,
                                                                                2012, limited approval
                                                                                to a full approval.
----------------------------------------------------------------------------------------------------------------

Sec.  52.1776  [Removed and Reserved]

0
3. Section 52.1776 is removed and reserved.

[FR Doc. 2016-12096 Filed 5-23-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 100 (Friday, May 23, 2014)]
[Notices]
[Pages 29761-29762]
[FR Doc No: 2014-12019]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9911-38-OAR; EPA-HQ-OEI-2013-0807]

Privacy Act; Notification of a New System of Records Notice for
the Engine and Vehicle Exemptions System (EV-ES)

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency's (EPA) Office of Air and
Radiation, Office of Transportation and Air Quality, is giving notice
that it proposes to create a new system of records pursuant to the
provisions of the Privacy Act of 1974 (5 USC 552a). This system of
records contains personally identifiable information (PII) collected
from owners of motor vehicles who wish to temporarily import their
vehicle into the United States for personal use and who are not
residents of the United States.

DATES: Persons wishing to comment on this new system of records notice
must do so by July 2, 2014.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OEI-2013-0807, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>
     Mail: OEI Docket, Environmental Protection Agency, Mail
code: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
     Hand Delivery: OEI Docket, EPA/DC, WJC West Building, Room
3334, 1301 Constitution Ave. NW., Washington, DC. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OEI-
2013- 0807. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information for which disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available (e.g., CBI or other information
for which disclosure is restricted by statute). Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in www.regulations.gov or in hard copy at the OEI
Docket, EPA/DC, WJC West Building, Room 3334, 1301 Constitution Ave.
NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Holly Pugliese, Compliance Division,
Office of Transportation and Air Quality, U.S. Environmental Protection
Agency, 2000 Traverwood, Ann Arbor,

Michigan 48105; telephone number:<PHONE_NUMBER>; fax number: 734-214-
4869; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

General Information

    The U.S. Environmental Protection Agency (EPA) plans to create a
Privacy Act system of records for the Engine and Vehicle Exemptions
System (EV-ES). The information collected in this system supports the
Imports Exemptions program under the Clean Air Act (CAA) and
implementing regulations codified in 40 CFR Parts 85 and 1068. The CAA
requires manufacturers of motor vehicles and engines to design and
build vehicles that will comply with emissions standards throughout the
vehicle's life span. EPA and Customs and Border Protection (CBP)
regulations allow for individuals who are not residents of the United
States and who reside outside of the United States to import
nonconforming on-highway vehicles (e.g., cars, motorcycles or motor
homes) for a period of up to one year for personal use. Applicants are
required to provide their name, address, phone number or email and the
vehicle identification number (VIN) as part of the application process
in order for EPA to provide approval or denial letters to the
requestors. The information that will be maintained regarding program
participants includes the vehicle owner's name, address, phone number,
email address and vehicle identification number (VIN).
    The information is contained in computer and paper files at EPA's
National Vehicle and Fuel Emissions Laboratory in Ann Arbor, Michigan.
Only contractor employees (governed by Privacy Act compliance terms in
their contract) and EPA employees administering the program have access
to the information contained in the database. Files containing personal
information are kept in locked filing cabinets. Physical access to the
filing cabinets is limited to authorized personnel employees with
building key cards.

    Dated: May 7, 2014.
Renee P. Wynn,
Acting Assistant Administrator and Acting Chief Information Officer.
EPA-65

System Name:
    Engine and Vehicle Exemptions System (EV-ES)

System Location:
    US EPA, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711

Categories of Individuals Covered by the System:
    Individuals who apply to the EPA for a nonresident exemption to
import a nonconforming on-highway vehicle (e.g., cars, motorcycles or
motor homes) for a period of up to one year for personal use.

Categories of Records in the System:
    The vehicle owner's name, address, phone number, email address and
vehicle identification number (VIN).

Authority for Maintenance of the System (Includes Any Revisions or
Amendments):
    Title II of the Clean Air Act, (42 U.S.C. 7521 et seq.) provides
that the EPA may issue exemptions and exclusions for nonconforming
vehicles to enter into the United States.

Purpose(s):
    The primary purpose of the system is to collect and maintain the
information necessary for EPA to determine if the request for a
nonresident exemption meets the criteria established in the regulations
implementing this program codified in 40 CFR Parts 85 and 1068. In
addition, the information collected is used to contact the requestor if
there are questions regarding the request and to subsequently issue an
approval or denial letter regarding the request. The information may
also be used by CBP and EPA's Office of Enforcement and Compliance
Assurance (OECA) to validate that the shipment at the port is valid.

Routine Uses of Records Maintained in the System, Including Categories
of Users, and the Purposes of Such Uses:
    General routine uses A, F, H, K and L apply to this system. (A
detailed description of these routine uses can be found in the Agency's
Systems of Records Web site at http://www.epa.gov/privacy/notice/general.htm.)

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
    Records are maintained on computer disks and tapes at the National
Computer Center, Research Triangle Park, North Carolina and at EPA's
Office of Transportation and Air Quality (OTAQ), Ann Arbor, MI.

Retrievability:
    Records are retrievable by all or part of the person's name, phone
number, physical address, or email address.

Safeguards:
    --Computer-stored information is protected in accordance with the
Agency's security requirements.
    --Access to the information in the system is limited to authorized
Agency and contractor personnel who administer the program. No external
access to the system is provided.
    --Any contractor is subject to the Federal Acquisition Regulations
(FAR) Privacy Act clauses in its contract with EPA.

Retention and Disposal:
    Records stored in this system are subject to Schedule 483.

System Manager(s) and Address:
    Holly Pugliese, Compliance Division, Office of Transportation and
Air Quality, U.S. Environmental Protection Agency, 2000 Traverwood, Ann
Arbor, Michigan 48105; telephone number:<PHONE_NUMBER>; fax number: 734-
214-4869; email address<EMAIL_ADDRESS>
Notification Procedure:
    Any individual who wants to know whether this system of records
contains a record about him or her, who wants access to his or her
record, or who wants to contest the contents of a record, should make a
written request to the EPA FOIA Office, Attn: Privacy Act Officer, MC
2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460.

Record Access Procedure:
    Request for access must be made in accordance with the procedures
described in EPA's Privacy Act regulations at 40 CFR part 16.
Requesters will be required to provide adequate identification, such as
a driver's license, employee identification card, or other identifying
document. Additional identification procedures may be required in some
instances.

 Contesting Records Procedures:
    Requests for correction or amendment must identify the record to be
changed and the corrective action sought. Complete EPA Privacy Act
procedures are described in EPA's Privacy Act regulations at 40 CFR
part 16.

Record Source Categories:
    There are two sources of information for records stored in the
system:
    (1) Vehicle Identification Numbers (VINs) provided to EPA by the
requestor of the exemption.
    (2) Information on the vehicles provided by their owners from
potential and actual participants in the program.

System Exempted from Certain Provisions of the Privacy Act:
    None.

[FR Doc. 2014-12019 Filed 5-22-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Proposed Rules]
[Pages 11426-11434]
[FR Doc No: 2012-4390]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2012-0045]
RIN 1625-AA00

Safety Zones; Annual Events Requiring Safety Zones in the Captain
of the Port Lake Michigan Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes amend its regulations requiring
safety zones in the Captain of the Port Lake Michigan zone. This
proposed rule is intended to amend the rules that restrict vessels from
portions of water areas during events that pose a hazard to public
safety. The safety zones amended or established by this proposed rule
are necessary to protect spectators, participants, and vessels from the
hazards associated with various maritime events.

DATES: Comments and related materials must be received by the Coast
Guard on or before March 28, 2012.

ADDRESSES: You may submit comments identified by docket number USCG-
2012-0045 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or email BM1 Adam Kraft, Prevention Department, Coast Guard,
Sector Lake Michigan, Milwaukee, WI, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

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

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2012-0045), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an email address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2012-0045'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may

change the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2012-0045'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

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

Public Meeting

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

Background and Purpose

    Currently, 33 CFR 165.929 lists seventy different locations in the
Captain of the Port Lake Michigan zone at which safety zones have been
permanently established. Each of these seventy safety zones corresponds
to an annually recurring marine event. During an annual review of 33
CFR 165.929 it was found that the details of two of the annually
recurring events have changed. It was also determined that five
additional recurring marine events require the implementation of
permanent safety zones. This proposed rule will revise the enforcement
date and time of two events and add five reccurring events that require
safety zones. In addition, this proposed rule will revise the
organizational structure of 33 CFR 165.929 so that the events will be
listed numerically rather than alphabetically. Listing the events
numerically is meant to make it easier for the public to identify the
annual events requiring safety zones in the Captain of the Port Lake
Michigan zone.

Discussion of Proposed Rule

    This proposed rule will amend the regulations found in 33 CFR
165.929, Annual Events requiring safety zones in the Captain of the
Port Lake Michigan zone. Specifically, this proposed rule will revise
Sec.  165.929 in its entirety. The revision will include the
modification of the name and enforcement period of one safety zone, the
enforcement period of one safety zone, and the addition of five new
safety zones. Each of the existing and proposed safety zones are
necessary to protect vessels and people from the hazards associated
with various maritime events. Such hazards include obstructions to the
navigable channels, explosive dangers associated with various maritime
events. Although this proposed rule will remain in effect year round,
the safety zones within it will be enforced only immediately before,
during, and after each corresponding marine event.
    The Captain of the Port Lake Michigan will use all appropriate
means to notify the public when the zones in this proposal will be
enforced. Consistent with 33 CFR 165.7(a), such means of may include,
among other things, publication in the Federal Register and Broadcast
Notice to Mariners or Local Notice to Mariners. The Captain of the Port
will issue a Broadcast Notice to Mariners notifying the public when
enforcement of a safety zone in this section is cancelled.
    Entry into, transiting, or anchoring within each of the below
safety zone is prohibited unless authorized by the Captain of the Port
Lake Michigan, or his designated representative. The Captain of the
Port or his designated representative may be contacted via VHF Channel
16.

Regulatory Analyses

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

Regulatory Planning and Review

    This 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 that Executive Order 12866
or under section 1 of Executive Order 13563. The Office of Management
and Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this proposed
rule is not a significant regulatory action because we anticipate that
it will have minimal impact on the economy, will not interfere with
other agencies, will not adversely alter the budget of any grant or
loan recipients, and will not raise any novel legal or policy issues.
The safety zones amended and established by this proposed rule will be
relatively small and enforced for relatively short time. Also, each
safety zone is designed to minimize its impact on navigable waters.
Furthermore, each safety zone has been designed to allow vessels to
transit unrestricted to portions of the waterways not affected by the
safety zones. Thus, restrictions on vessel movements within that
particular area are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through each safety zone when
permitted by the Captain of the Port, Sector Lake Michigan. On the
whole, the Coast Guard expects insignificant adverse impact to mariners
from the activation of these safety zones.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities.
    This proposed rule would affect the following entities, some of
which might be small entities: The owners and operators of vessels
intending to transit or anchor in any one of the below safety zones
while the safety zone is being enforced. The below safety zones will
not have a significant economic impact on a substantial number of small
entities for the following reasons: each safety zone in this proposed
rule will be in effect for only a few hours within any given 24 hour
period. Each of the safety zones will be in effect only once per

year. Furthermore, these safety zones have been designed to allow
traffic to pass safely around each zone. Moreover, vessels will be
allowed to pass through each zone at the discretion of the Captain of
the Port, Sector Lake Michigan, or his or her designated
representative.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If this
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact BM1 Adam Kraft,
Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI
at<PHONE_NUMBER>. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

Collection of Information

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

Federalism

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

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Protection of Children

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

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it 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.

Energy Effects

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

Technical Standards

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

Environment

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 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, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

    2. Revise Sec.  165.929 to read as follows:

Sec.  165.929  Safety Zones; Annual events requiring safety zones in
the Captain of the Port Lake Michigan zone.

    (a) Safety Zones. The following are designated as safety zones:
    (1) St. Patrick's Day Fireworks; Manitowoc, WI.
    (i) Location. All waters of the Manitowoc River and Manitowoc
Harbor, near the mouth of the Manitowoc River on the south shore,
within the arc of a circle with a 100-foot radius from the fireworks
launch site located in position 44[deg]05'30'' N, 087[deg]39'12'' W
(NAD 83).
    (ii) Enforcement date and time. The third Saturday of March; 5:30
p.m. to 7 p.m.
    (2) Michigan Aerospace Challenge Sport Rocket Launch; Muskegon, MI.
    (i) Location. All waters of Muskegon Lake, near the West Michigan
Dock and Market Corp facility, within the arc of a circle with a 1500-
yard radius from the rocket launch site located in position
43[deg]14'21'' N, 086[deg]15'35'' W (NAD 83).
    (ii) Enforcement date and time. The last Saturday of April; 8 a.m.
to 4 p.m.
    (3) Tulip Time Festival Fireworks; Holland, MI.
    (i) Location. All waters of Lake Macatawa, near Kollen Park, within
the arc of a circle with a 1000-foot radius from the fireworks launch
site in position 42[deg]47'23'' N, 086[deg]07'22'' W (NAD 83).
    (ii) Enforcement date and time. The first Friday of May; 7 p.m. to
11 p.m. If the Friday fireworks are cancelled due to inclement weather,
then this safety zone will be enforced on the first Saturday of May; 7
p.m. to 11 p.m.
    (4) Rockets for Schools Rocket Launch; Sheboygan, WI.
    (i) Location. All waters of Lake Michigan and Sheboygan Harbor,
near the Sheboygan South Pier, within the arc of a circle with a 1500-
yard radius from the rocket launch site located with its center in
position 43[deg]44'55'' N, 087[deg]41'52'' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of May; 8 a.m.
to 5 p.m.
    (5) Celebrate De Pere; De Pere, WI.
    (i) Location. All waters of the Fox River, near Voyageur Park,
within the arc of a circle with a 500-foot radius from the fireworks
launch site located in position 44[deg]27'10'' N, 088[deg]03'50'' W
(NAD 83).
    (ii) Enforcement date and time. The Sunday before Memorial Day;
8:30 p.m. to 10 p.m.
    (6) Michigan Super Boat Grand Prix; Michigan City, IN.
    (i) Location. All waters of Lake Michigan in the vicinity of
Michigan City, IN, bound by a line drawn from 41[deg]43'42'' N,
086[deg]54'18'' W; then north to 41[deg]43'49'' N, 086[deg]54'31'' W;
then east to 41[deg]44'48'' N, 086[deg]51'45'' W; then south to
41[deg]44'42'' N, 086[deg]51'31'' W; then west returning to the point
of origin. (NAD 83)
    (ii) Enforcement date and time. The first Sunday of August; 9 a.m.
to 4 p.m.
    (7) River Splash; Milwaukee, WI.
    (i) Location. All waters of the Milwaukee River, near Pere
Marquette Park, within the arc of a circle with a 300-foot radius from
the fireworks launch site located on a barge in position 43[deg]02'32''
N, 087[deg]54'45'' W (NAD 83).
    (ii) Enforcement date and time. The first Friday and Saturday of
June; 9 p.m. to 11 p.m. each day.
    (8) International Bayfest; Green Bay, WI.
    (i) Location. All waters of the Fox River, near the Western Lime
Company 1.13 miles above the head of the Fox River, within the arc of a
circle with a 1000-foot radius from the fireworks launch site located
in position 44[deg]31'24'' N, 088[deg]00'42'' W (NAD 83).
    (ii) Enforcement date and time. The second Friday of June; 9 p.m.
to 11 p.m.
    (9) Harborfest Music and Family Festival; Racine, WI.
    (i) Location. All waters of Lake Michigan and Racine Harbor, near
the Racine Launch Basin Entrance Light, within the arc of a circle with
a 200-foot radius from the fireworks launch site located in position
42[deg]43'43'' N, 087[deg]46'40'' W (NAD 83).
    (ii) Enforcement date and time. Friday and Saturday of the third
complete weekend of June; 9 p.m. to 11 p.m. each day.
    (10) Spring Lake Heritage Festival Fireworks; Spring Lake, MI.
    (i) Location. All waters of the Grand River, near buoy 14A, within
the arc of a circle with a 500-foot radius from the fireworks launch
site located on a barge in position 43[deg]04'24'' N, 086[deg]12'42'' W
(NAD 83).
    (ii) Enforcement date and time. The third Saturday of June; 9 p.m.
to 11 p.m.
    (11) Elberta Solstice Festival Fireworks; Elberta, MI.
    (i) Location. All waters of Betsie Bay, near Waterfront Park,
within the arc of a circle with a 500-foot radius from the fireworks
launch site located in position 44[deg]37'43'' N, 086[deg]14'27'' W
(NAD 83).
    (ii) Enforcement date and time. The last Saturday of June; 9 p.m.
to 11 p.m.
    (12) Pentwater July Third Fireworks; Pentwater, MI.
    (i) Location. All waters of Lake Michigan and the Pentwater Channel
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 43[deg]46'57'' N, 086[deg]26'38'' W
(NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the
July 3 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 4; 9 p.m. to 11 p.m.
    (13) Taste of Chicago Fireworks; Chicago, IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake
Michigan bounded by a line drawn from 41[deg]53'24'' N, 087[deg]35'59''
W; then east to 41[deg]53'15'' N, 087[deg]35'26'' W; then south to
41[deg]52'49'' N, 087[deg]35'26'' W; then southwest to 41[deg]52'27''
N, 087[deg]36'37'' W; then north to 41[deg]53'15'' N, 087[deg]36'33''
W; then east returning to the point of origin (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the
July 3 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 4; 9 p.m. to 11 p.m.
    (14) U.S. Bank Fireworks; Milwaukee, WI.
    (i) Location. All waters and adjacent shoreline of Milwaukee
Harbor, in the vicinity of Veteran's park, within the arc of a circle
with a 1200-foot radius from the center of the fireworks launch site
which is located on a barge with its approximate position located at
43[deg]02'22'' N, 087[deg]53'29'' W (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the
July 3 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 4; 9 p.m. to 11 p.m.
    (15) Independence Day Fireworks; Manistee, MI.
    (i) Location. All waters of Lake Michigan, in the vicinity of the
First Street Beach, within the arc of a circle with a 1000-foot radius
from the fireworks launch site located in position 44[deg]14'51'' N,
086[deg]20'46'' W (NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the
July 3 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 4; 9 p.m. to 11 p.m.
    (16) Frankfort Independence Day Fireworks; Frankfort, MI.
    (i) Location. All waters of Lake Michigan and Frankfort Harbor,
bounded by a line drawn from 44[deg]38'05'' N, 086[deg]14'50'' W; then
south to 44[deg]37'39'' N, 086[deg]14'50'' W; then west to
44[deg]37'39'' N, 086[deg]15'20'' W; then north to 44[deg]38'05'' N,
086[deg]15'20'' W; then east returning to the point of origin (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (17) Freedom Festival Fireworks; Ludington, MI.

    (i) Location. All waters of Lake Michigan and Ludington Harbor, in
the vicinity of the Loomis Street Boat Ramp, within the arc of a circle
with a 1000-foot radius from the fireworks launch site located in
position 43[deg]57'16'' N, 086[deg]27'42'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (18) White Lake Independence Day Fireworks; Montague, MI.
    (i) Location. All waters of White Lake, in the vicinity of the
Montague boat launch, within the arc of a circle with a 1000-foot
radius from the fireworks launch site located in position
43[deg]24'33'' N, 086[deg]21'28'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (19) Muskegon Summer Celebration July Fourth Fireworks; Muskegon,
MI.
    (i) Location. All waters of Muskegon Lake, in the vicinity of
Heritage Landing, within the arc of a circle with a 1000-foot radius
from a fireworks launch site located on a barge in position
43[deg]14'00'' N, 086[deg]15'50'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (iii) Impact on Special Anchorage Area regulations: Regulations for
that portion of the Muskegon Lake East Special Anchorage Area, as
described in 33 CFR 110.81(b), which are overlapped by this regulation,
are suspended during this event. The remaining area of the Muskegon
Lake East Special Anchorage Area not impacted by this regulation
remains available for anchoring during this event.
    (20) Grand Haven Jaycees Annual Fourth of July Fireworks; Grand
Haven, MI.
    (i) Location. All waters of The Grand River between longitude
087[deg]14'00'' W, near The Sag, then west to longitude 087[deg]15'00''
W, near the west end of the south pier (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (21) Celebration Freedom Fireworks; Holland, MI.
    (i) Location. All waters of Lake Macatawa, in the vicinity of
Kollen Park, within the arc of a circle with a 1000-foot radius from
the fireworks launch site located in position 42[deg]47'23'' N,
086[deg]07'22'' W (NAD 83).
    (ii) Enforcement date and time. July 4, 2007; 9 p.m. to 11 p.m.
Thereafter, this section will be enforced the Saturday prior to July 4;
9 p.m. to 11 p.m. If the fireworks are cancelled due to inclement
weather, then this safety zone will be enforced the Sunday prior to
July 4; 9 p.m. to 11 p.m.
    (22) Van Andel Fireworks Show; Holland, MI.
    (i) Location. All waters of Lake Michigan and the Holland Channel
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 42[deg]46'21'' N, 086[deg]12'48'' W
(NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the
July 3 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 4; 9 p.m. to 11 p.m.
    (23) Independence Day Fireworks; Saugatuck, MI.
    (i) Location. All waters of Kalamazoo Lake within the arc of a
circle with a 1000-foot radius from the fireworks launch site in
position 42[deg]38'52'' N, 086[deg]12'18'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (24) South Haven Fourth of July Fireworks; South Haven, MI.
    (i) Location. All waters of Lake Michigan and the Black River
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 42[deg]24'08'' N, 086[deg]17'03'' W
(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (25) St. Joseph Fourth of July Fireworks; St. Joseph, MI.
    (i) Location. All waters of Lake Michigan and the St. Joseph River
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 42[deg]06'48'' N, 086[deg]29'5'' W (NAD
83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (26) Town of Dune Acres Independence Day Fireworks; Dune Acres, IN.
    (i) Location. All waters of Lake Michigan within the arc of a
circle with a 1000-foot radius from the fireworks launch site located
in position 41[deg]39'23'' N, 087[deg]04'59'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (27) Gary Fourth of July Fireworks; Gary, IN.
    (i) Location. All waters of Lake Michigan, approximately 2.5 miles
east of Gary Harbor, within the arc of a circle with a 500-foot radius
from the fireworks launch site located in position 41[deg]37'19'' N,
087[deg]14'31'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (28) Joliet Independence Day Celebration Fireworks; Joliet, IL.
    (i) Location. All waters of the Des Plains River, at mile 288,
within the arc of a circle with a 500-foot radius from the fireworks
launch site located in position 41[deg]31'31'' N, 088[deg]05'15'' W
(NAD 83).
    (ii) Enforcement date and time. July 3; 9 p.m. to 11 p.m. If the
July 3 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 4; 9 p.m. to 11 p.m.
    (29) Glencoe Fourth of July Celebration Fireworks; Glencoe, IL.
    (i) Location. All waters of Lake Michigan, in the vicinity of Lake
Front Park, within the arc of a circle with a 500-foot radius from the
fireworks launch site located in position 42[deg]08'17'' N,
087[deg]44'55'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (30) Lakeshore Country Club Independence Day Fireworks; Glencoe,
IL.
    (i) Location. All waters of Lake Michigan within the arc of a
circle with a 1000-foot radius from the fireworks launch site located
in position 42[deg]08'27'' N, 087[deg]44'57'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (31) Shore Acres Country Club Independence Day Fireworks; Lake
Bluff, IL.
    (i) Location. All waters of Lake Michigan, approximately one mile
north of Lake Bluff, IL, within the arc of a circle with a 1000-foot
radius from the fireworks launch site located in position
42[deg]17'59'' N, 087[deg]50'03'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather,

then this safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (32) Kenosha Independence Day Fireworks; Kenosha, WI.
    (i) Location. All waters of Lake Michigan and Kenosha Harbor within
the arc of a circle with a 1000-foot radius from the fireworks launch
site located in position 42[deg]35'17'' N, 087[deg]48'27'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (33) Fourthfest of Greater Racine Fireworks; Racine, WI.
    (i) Location. All waters of Lake Michigan and Racine Harbor, in the
vicinity of North Beach, within the arc of a circle with a 1000-foot
radius from the fireworks launch site located in position
42[deg]44'17'' N, 087[deg]46'42'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (34) Sheboygan Fourth of July Celebration Fireworks; Sheboygan, WI.
    (i) Location. All waters of Lake Michigan and Sheboygan Harbor, in
the vicinity of the south pier, within the arc of a circle with a 1000-
foot radius from the fireworks launch site located in position
43[deg]44'55'' N, 087[deg]41'51'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (35) Manitowoc Independence Day Fireworks; Manitowoc, WI.
    (i) Location. All waters of Lake Michigan and Manitowoc Harbor, in
the vicinity of south breakwater, within the arc of a circle with a
1000-foot radius from the fireworks launch site located in position
44[deg]05'24'' N, 087[deg]38'45'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (36) Sturgeon Bay Independence Day Fireworks; Sturgeon Bay, WI.
    (i) Location. All waters of Sturgeon Bay, in the vicinity of Sunset
Park, within the arc of a circle with a 1000-foot radius from the
fireworks launch site located on a barge in position 44[deg]50'37'' N,
087[deg]23'18'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (37) Fish Creek Independence Day Fireworks; Fish Creek, WI. (i)
Location. All waters of Green Bay, in the vicinity of Fish Creek
Harbor, within the arc of a circle with a 1000-foot radius from the
fireworks launch site located on a barge in position 45[deg]07'52'' N,
087[deg]14'37'' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday after July 4; 9
p.m. to 11 p.m.
    (38) Celebrate Americafest Fireworks; Green Bay, WI.
    (i) Location. All waters of the Fox River between the railroad
bridge located 1.03 miles above the mouth of the Fox River and the Main
Street Bridge located 1.58 miles above the mouth of the Fox River,
including all waters of the turning basin east to the mouth of the East
River.
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (39) Marinette Fourth of July Celebration Fireworks; Marinette, WI.
    (i) Location. All waters of the Menominee River, in the vicinity of
Stephenson Island, within the arc of a circle with a 1000-foot radius
from the fireworks launch site located in position 45[deg]06'09'' N,
087[deg]37'39'' W and all waters located between the Highway U.S. 41
bridge and the Hattie Street Dam (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (40) Evanston Fourth of July Fireworks; Evanston, IL.
    (i) Location. All waters of Lake Michigan, in the vicinity of
Centennial Park Beach, within the arc of a circle with a 500-foot
radius from the fireworks launch site located in position
42[deg]02'56'' N, 087[deg]40'21'' W (NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 11 p.m. If the
July 4 fireworks are cancelled due to inclement weather, then this
safety zone will be enforced July 5; 9 p.m. to 11 p.m.
    (41) Muskegon Summer Celebration Fireworks; Muskegon, MI.
    (i) Location. All waters of Muskegon Lake, in the vicinity of
Heritage Landing, within the arc of a circle with a 1000-foot radius
from a fireworks barge located in position 43[deg]14'00'' N,
086[deg]15'50'' W (NAD 83).
    (ii) Enforcement date and time. The Sunday following July 4; 9 p.m.
to 11 p.m.
    (iii) Impact on Special Anchorage Area regulations: Regulations for
that portion of the Muskegon Lake East Special Anchorage Area, as
described in 33 CFR 110.81(b), which are overlapped by this regulation,
are suspended during this event. The remaining area of the Muskegon
Lake East Special Anchorage Area is not impacted by this regulation and
remains available for anchoring during this event.
    (42) Gary Air and Water Show; Gary, IN.
    (i) Location. All waters of Lake Michigan bounded by a line drawn
from 41[deg]37'42'' N, 087[deg]16'38'' W; then east to 41[deg]37'54''
N, 087[deg]14'00'' W; then south to 41[deg]37'30'' N, 087[deg]13'56''
W; then west to 41[deg]37'17'' N, 087[deg]16'36'' W; then north
returning to the point of origin (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sunday of the
second weekend of July; from 10 a.m. to 9 p.m. each day.
    (43) Milwaukee Air and Water Show; Milwaukee, WI.
    (i) Location. All waters and adjacent shoreline of Lake Michigan
and Bradford Beach located within a 4000-yard by 1000-yard rectangle.
The rectangle will be bounded by the points beginning at points
beginning at 43[deg]02'50'' N, 087[deg]52'36'' W; then northeast to
43[deg]04'33'' N, 087[deg]51'12'' W; then northwest to 43[deg]04'40''
N, 087[deg]51'29'' W; then southwest to 43[deg]02'57'' N,
087[deg]52'53'' W; the southeast returning to the point of origin (NAD
83).
    (ii) Enforcement date and time. Thursday, Friday, Saturday, and
Sunday of the first weekend of August; from 10 a.m. to 5 p.m. each day.
    (44) Annual Trout Festival Fireworks; Kewaunee, WI.
    (i) Location. All waters of Kewaunee Harbor and Lake Michigan
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 44[deg]27'29'' N, 087[deg]29'45'' W
(NAD 83).
    (ii) Enforcement date and time. Friday of the second complete
weekend of July; 9 p.m. to 11 p.m.
    (45) Michigan City Summerfest Fireworks; Michigan City, IN.
    (i) Location. All waters of Michigan City Harbor and Lake Michigan
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 41[deg]43'42'' N, 086[deg]54'37'' W
(NAD 83).
    (ii) Enforcement date and time. Sunday of the first complete
weekend of July; 9 p.m. to 11 p.m.
    (46) Port Washington Fish Day Fireworks; Port Washington, WI.

    (i) Location. All waters of Port Washington Harbor and Lake
Michigan, in the vicinity of the WE Energies coal dock, within the arc
of a circle with a 1000-foot radius from the fireworks launch site
located in position 43[deg]23'07'' N, 087[deg]51'54'' W (NAD 83).
    (ii) Enforcement date and time. The third Saturday of July; 9 p.m.
to 11 p.m.
    (47) Bay View Lions Club South Shore Frolics Fireworks; Milwaukee,
WI.
    (i) Location. All waters of Milwaukee Harbor and Lake Michigan, in
the vicinity of South Shore Park, within the arc of a circle with a
500-foot radius from the fireworks launch site in position
42[deg]59'42'' N, 087[deg]52'52'' W (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sunday of the
second or third weekend of July; 9 p.m. to 11 p.m. each day.
    (48) Venetian Festival Fireworks; St. Joseph, MI.
    (i) Location. All waters of Lake Michigan and the St. Joseph River,
near the east end of the south pier, within the arc of a circle with a
1000-foot radius from the fireworks launch site located in position
42[deg]06'48'' N, 086[deg]29'15'' W (NAD 83).
    (ii) Enforcement date and time. Saturday of the third complete
weekend of July; 9 p.m. to 11 p.m.
    (49) Joliet Waterway Daze Fireworks; Joliet, IL.
    (i) Location. All waters of the Des Plaines River, at mile 287.5,
within the arc of a circle with a 300-foot radius from the fireworks
launch site located in position 41[deg]31'15'' N, 088[deg]05'17'' W
(NAD 83).
    (ii) Enforcement date and time. Friday and Saturday of the third
complete weekend of July; 9 p.m. to 11 p.m. each day.
    (50) EAA Airventure; Oshkosh, WI.
    (i) Location. All waters of Lake Winnebago bounded by a line drawn
from 43[deg]57'30'' N, 088[deg]30'00'' W; then south to 43[deg]56'56''
N, 088[deg]29'53'' W, then east to 43[deg]56'40'' N, 088[deg]28'40'' W;
then north to 43[deg]57'30'' N, 088[deg]28'40'' W; then west returning
to the point of origin (NAD 83).
    (ii) Enforcement date and time. The last complete week of July,
beginning Monday and ending Sunday; from 8 a.m. to 8 p.m. each day.
    (51) Venetian Night Fireworks; Saugatuck, MI.
    (i) Location. All waters of Kalamazoo Lake within the arc of a
circle with a 500-foot radius from the fireworks launch site located on
a barge in position 42[deg]38'52'' N, 086[deg]12'18'' W (NAD 83).
    (ii) Enforcement date and time. The last Saturday of July; 9 p.m.
to 11 p.m.
    (52) Roma Lodge Italian Festival Fireworks; Racine, WI.
    (i) Location. All waters of Lake Michigan and Racine Harbor within
the arc of a circle with a 1000-foot radius from the fireworks launch
site located in position 42[deg]44'04'' N, 087[deg]46'20'' W (NAD 83).
    (ii) Enforcement date and time. Friday and Saturday of the last
complete weekend of July; 9 p.m. to 11 p.m.
    (53) Venetian Night Fireworks; Chicago, IL.
    (i) Location. All waters of Monroe Harbor and all waters of Lake
Michigan bounded by a line drawn from 41[deg]53'03'' N, 087[deg]36'36''
W; then east to 41[deg]53'03'' N, 087[deg]36'21'' W; then south to
41[deg]52'27'' N, 087[deg]36'21'' W; then west to 41[deg]52'27'' N,
087[deg]36'37'' W; then north returning to the point of origin (NAD
83).
    (ii) Enforcement date and time. Saturday of the last weekend of
July; 9 p.m. to 11 p.m.
    (54) Port Washington Maritime Heritage Festival Fireworks; Port
Washington, WI.
    (i) Location. All waters of Port Washington Harbor and Lake
Michigan, in the vicinity of the WE Energies coal dock, within the arc
of a circle with a 1000-foot radius from the fireworks launch site
located in position 43[deg]23'07'' N, 087[deg]51'54'' W (NAD 83).
    (ii) Enforcement date and time. Saturday of the last complete
weekend of July or the second weekend of August; 9 p.m. to 11 p.m.
    (55) Grand Haven Coast Guard Festival Fireworks; Grand Haven, MI.
    (i) Location. All waters of the Grand River between longitude
087[deg]14'00'' W, near The Sag, then west to longitude 087[deg]15'00''
W, near the west end of the south pier (NAD 83).
    (ii) Enforcement date and time. First weekend of August; 9 p.m. to
11 p.m.
    (56) Sturgeon Bay Yacht Club Evening on the Bay Fireworks; Sturgeon
Bay, WI.
    (i) Location. All waters of Sturgeon Bay, in the vicinity of the
Sturgeon Bay Yacht Club, within the arc of a circle with a 500-foot
radius from the fireworks launch site located on a barge in position
44[deg]49'33'' N, 087[deg]22'26'' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of August; 9
p.m. to 11 p.m.
    (57) Hammond Marina Venetian Night Fireworks; Hammond, IN.
    (i) Location. All waters of Hammond Marina and Lake Michigan within
the arc of a circle with a 1000-foot radius from the fireworks launch
site located in position 41[deg]41'53'' N, 087[deg]30'43'' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of August; 9
p.m. to 11 p.m.
    (58) North Point Marina Venetian Festival Fireworks; Winthrop
Harbor, IL.
    (i) Location. All waters of Lake Michigan within the arc of a
circle with a 1000-foot radius from the fireworks launch site located
in position 42[deg]28'55'' N, 087[deg]47'56'' W (NAD 83).
    (ii) Enforcement date and time. The second Saturday of August; 9
p.m. to 11 p.m.
    (59) Waterfront Festival Fireworks; Menominee, MI.
    (i) Location. All waters of Green Bay, in the vicinity of Menominee
Marina, within the arc of a circle with a 1000-foot radius from a
fireworks barge in position 45[deg]06'17'' N, 087[deg]35'48'' W (NAD
83).
    (ii) Enforcement date and time. Saturday following first Thursday
in August; 9 p.m. to 11 p.m.
    (60) Ottawa Riverfest Fireworks; Ottawa, IL.
    (i) Location. All waters of the Illinois River, at mile 239.7,
within the arc of a circle with a 300-foot radius from the fireworks
launch site located in position 41[deg]20'29'' N, 088[deg]51'20'' W
(NAD 83).
    (ii) Enforcement date and time. The first Sunday of August; 9 p.m.
to 11 p.m.
    (61) Algoma Shanty Days Fireworks; Algoma, WI.
    (i) Location. All waters of Lake Michigan and Algoma Harbor within
the arc of a circle with a 1000-foot radius from the fireworks launch
site located in position 44[deg]36'24'' N, 087[deg]25'54'' W (NAD 83).
    (ii) Enforcement date and time. Sunday of the second complete
weekend of August; 9 p.m. to 11 p.m.
    (62) New Buffalo Fireworks; New Buffalo, MI.
    (i) Location. All waters of Lake Michigan and New Buffalo Harbor
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 41[deg]48'09'' N, 086[deg]44'49'' W
(NAD 83).
    (ii) Enforcement date and time. Will be enforced on either July 3rd
or July 5th from 9 p.m. to 11 p.m.
    (63) Pentwater Homecoming Fireworks; Pentwater, MI.
    (i) Location. All waters of Lake Michigan and the Pentwater Channel
within the arc of a circle with a 1000-foot radius from the fireworks
launch site located in position 43[deg]46'56.5'' N, 086[deg]26'38'' W
(NAD 83).
    (ii) Enforcement date and time. Saturday following the second
Thursday of August; 9 p.m. to 11 p.m.
    (64) Chicago Air and Water Show; Chicago, IL.

    (i) Location. All waters and adjacent shoreline of Lake Michigan
and Chicago Harbor bounded by a line drawn from 41[deg]55'54'' N at the
shoreline, then east to 41[deg]55'54'' N, 087[deg]37'12'' W, then
southeast to 41[deg]54'00'' N, 087[deg]36'00'' W (NAD 83), then
southwestward to the northeast corner of the Jardine Water Filtration
Plant, then due west to the shore.
    (ii) Enforcement date and time. The third Thursday, Friday,
Saturday, and Sunday of August; from 9 a.m. to 6 p.m. each day.
    (65) Downtown Milwaukee BID 21 Fireworks; Milwaukee, WI. (i)
Location. All waters of the Milwaukee River between the Kilbourn Avenue
Bridge at 1.7 miles above the Milwaukee Pierhead Light to the State
Street Bridge at 1.79 miles above the Milwaukee Pierhead Light.
    (ii) Enforcement date and time. The third Thursday of November; 6
p.m. to 8 p.m.
    (66) New Years Eve Fireworks; Chicago, IL.
    (i) Location. All waters of Monroe Harbor and Lake Michigan within
the arc of a circle with a 1000-foot radius from the fireworks launch
site located on a barge in position 41[deg]52'41'' N, 087[deg]36'37'' W
(NAD 83).
    (ii) Enforcement date and time. December 31; 11 p.m. to January 1;
1 a.m.
    (67) Cochrane Cup; Blue Island, IL.
    (i) Location. All waters of the Calumet Saganashkee Channel from
the South Halstead Street Bridge at 41[deg]39'27'' N, 087[deg]38'29''
W; to the Crawford Avenue Bridge at 41[deg]39'05'' N, 087[deg]43'08''
W; and the Little Calumet River from the Ashland Avenue Bridge at
41[deg]39'7'' N, 087[deg]39'38'' W; to the junction of the Calumet
Saganashkee Channel at 41[deg]39'23'' N, 087[deg]39'00'' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of May; 6:30
a.m. to 5 p.m.
    (68) World War II Beach Invasion Re-enactment; St. Joseph, MI.
    (i) Location. All waters of Lake Michigan in the vicinity of
Tiscornia Park in St. Joseph, MI beginning at 42[deg]06'55'' N,
086[deg]29'23'' W; then west/northwest along the north breakwater to
42[deg]06'59'' N, 086[deg]29'41'' W; the northwest 100 yards to
42[deg]07'01'' N, 086[deg]29'44'' W; then northeast 2,243 yards to
42[deg]07'50'' N, 086[deg]28'43'' W; the southeast to the shoreline at
42[deg]07'39'' N, 086[deg]28'27'' W; then southwest along the shoreline
to the point of origin (NAD 83).
    (ii) Enforcement date and time. The last Saturday of June; 8 a.m.
to 2 p.m.
    (69) Ephraim Fireworks; Ephraim, WI.
    (i) Location. All waters of Eagle Harbor and Lake Michigan within
the arc of a circle with a 750-foot radius from the fireworks launch
site located on a barge in position 45[deg]09'18'' N, 087[deg]10'51'' W
(NAD 83).
    (ii) Enforcement date and time. The third Saturday of June; 9 p.m.
to 11 p.m.
    (70) Thunder on the Fox; Elgin, IL.
    (i) Location. All waters of the Fox River, near Elgin, Illinois,
between Owasco Avenue, located at approximate position 42[deg]03'06''
N, 088[deg]17'28'' W and the Kimball Street bridge, located at
approximate position 42[deg]02'31'' N, 088[deg]17'22'' W (NAD 83).
    (ii) Enforcement date and time. Friday, Saturday, and Sunday of the
third weekend in June; 10 a.m. to 7 p.m. each day
    (71) Olde Ellison Bay Days Fireworks Display, Ellison Bay,
Wisconsin.
    (i) Location. All waters of Lake Michigan, in the vicinity of
Ellison Bay Wisconsin, within a 400 foot radius from the fireworks
launch site located on a barge in position 45[deg]15'36'' N,
087[deg]05'03'' W (NAD 83).
    (ii) Enforcement date and time. The fourth Saturday of June; 9 p.m.
to 10 p.m.
    (72) Town of Porter Fireworks Display, Porter Indiana.
    (i) Location. All waters of Lake Michigan within the arc of a
circle with a 1000 foot radius from the fireworks launch site located
in position 41[deg]39'56'' N, 087[deg]03'57'' W (NAD 83).
    (ii) Enforcement date and time. The first Saturday of July; 8:45
p.m. to 9:30 p.m.
    (73) City of Menasha 4th of July Fireworks, Lake Winnebego,
Menasha, Wisconsin.
    (i) Location. All U.S. navigable waters of Lake Michigan and the
Fox River within the arc of a circle with a 800 foot radius from the
fireworks launch site at position 41[deg]39'56'' N, 087[deg]03'57'' W
(NAD 83).
    (ii) Enforcement date and time. July 4; 9 p.m. to 10:30 p.m.
    (74) ISAF Nations Cup Grand Final Fireworks Display, Sheboygan,
Wisconsin.
    (i) Location. All waters of Lake Michigan and Sheboygan Harbor, in
the vicinity of the south pier in Sheboygan Wisconsin, within a 500
foot radius from the fireworks launch site located on land in position
43[deg]44'55'' N, 087[deg]41'51'' W (NAD 83).
    (ii) Enforcement date and time. September 13; 7:45 p.m. to 8:45
p.m.
    (75) Magnificent Mile Fireworks Display, Chicago, Illinois.
    (i) Location. All waters and adjacent shoreline of the Chicago
River bounded by the arc of the circle with a 210 foot radius from the
fireworks launch site with its center in approximate position of
41[deg]53'21'' N, 087[deg]37'24'' W (NAD 83).
    (ii) Enforcement date and time. The third weekend in November;
sunset to termination of display.
    (b) Definitions. The following definitions apply to this section:
    (1) Designated representative means any Coast Guard commissioned,
warrant, or petty officer designated by the Captain of the Port, Sector
Lake Michigan, to monitor a safety zone, permit entry into a zone, give
legally enforceable orders to persons or vessels within a safety zone,
and take other actions authorized by the Captain of the Port, Sector
Lake Michigan.
    (2) Public vessel means a vessel that is owned, chartered, or
operated by the United States, or by a State or political subdivision
thereof.
    (c) Regulations.
    (1) The general regulations in 33 CFR 165.23 apply.
    (2) All persons and vessels must comply with the instructions of
the Captain of the Port, Sector Lake Michigan, or his or her designated
representative. Upon being hailed by the U.S. Coast Guard by siren,
radio, flashing light or other means, the operator of a vessel shall
proceed as directed.
    (3) All vessels must obtain permission from the Captain of the
Port, Sector Lake Michigan, or his or her designated representative to
enter, move within or exit a safety zone established in this section
when the safety zone is enforced. Vessels and persons granted
permission to enter one of the safety zones listed in this section
shall obey all lawful orders or directions of the Captain of the Port,
Sector Lake Michigan, or his or her designated representative. While
within a safety zone, all vessels shall operate at the minimum speed
necessary to maintain a safe course.
    (d) Suspension of Enforcement. If the Captain of the Port, Sector
Lake Michigan, suspends enforcement of any of these zones earlier than
listed in this section, the Captain of the Port, Sector Lake Michigan,
or his or her designated representative will notify the public by
suspending the respective Broadcast Notice to Mariners.
    (e) Exemption. Public vessels, as defined in paragraph (b) of this
section, are exempt from the requirements in this section.
    (f) Waiver. For any vessel, the Captain of the Port, Sector Lake
Michigan, or his or her designated representative may waive any of the
requirements of this section, upon finding that operational conditions
or other circumstances are

such that application of this section is unnecessary or impractical for
the purposes of safety or environmental safety.

    Dated: February 2, 2012.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port Lake Michigan.
[FR Doc. 2012-4390 Filed 2-24-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Proposed Rules]
[Pages 76779-76781]
[FR Doc No: 2013-30086]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2013-0922; Airspace Docket No. 13-AWA-5]
RIN 2120-AA66

Proposed Modification of the Philadelphia, PA, Class B Airspace
Area

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the description of Area G of the
Philadelphia Class B airspace area to correct a design error that
resulted in the Class B airspace being published 2.1 nautical miles
(NM) larger on the southeast side of the area than intended. No other
changes to the Philadelphia Class B airspace are being proposed.

DATES: Comments must be received on or before February 3, 2014.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone:<PHONE_NUMBER>. You must identify FAA Docket No. FAA-2013-
0922 and Airspace Docket No. 13-AWA-5 at the beginning of your
comments. You may also submit comments through the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Airspace Policy and
Regulations Group, Office of Airspace Services, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2013-0922 and Airspace Docket No. 13-AWA-5) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at http://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket Nos. FAA-2013-0922 and Airspace Docket No. 13-AWA-5.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may

be changed in light of comments received. All comments submitted will
be available for examination in the public docket both before and after
the closing date for comments. A report summarizing each substantive
public contact with FAA personnel concerned with this rulemaking will
be filed in the docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking,<PHONE_NUMBER>,
for a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

Background

    On May 9, 2013, the FAA published a final rule modifying the
Philadelphia Class B airspace area (78 FR 27025, July 25, 2013). After
publication, it was found that Area G extended 2.1 NM farther southeast
than intended from the Philadelphia International Airport. This was
caused by the miscalculation of two points during the design of the
Area G boundaries.

The Proposal

    The FAA is proposing to amend Title 14 Code of Federal Regulations
(14 CFR) part 71 to correct two points used to define the boundaries of
Area G in the description of the Philadelphia Class B airspace area.
Specifically, the point that reads ``. . . the intersection of the PHL
20-mile radius and the 136[deg] bearing from PHL . . .'' would be
changed to read ``. . . the intersection of the 17.9-mile radius and
the 138[deg] bearing from PHL. . . .'' This point appears in two places
in the Area G description. In addition, the point that reads ``. . .
the intersection of the PHL 20-mile radius and the 120[deg] bearing
from PHL . . .'' would be changed to read ``. . . the intersection of
the 20-mile radius and the 118[deg] bearing from PHL. . . .'' This
point appears once in the Area G description. This change would result
in a small reduction in the lateral dimensions of Class B airspace
southeast of Philadelphia International Airport, near the Cross Keys
Airport, NJ (17N).
    The FAA is not proposing modifications to any other parts of the
Philadelphia Class B airspace area.
    All radials listed in this proposal stated in degrees relative to
True North. All geographic coordinates are stated in degrees, minutes,
and seconds based on North American Datum 83.
    Class B airspace areas are published in paragraph 3000 of FAA Order
7400.9X, Airspace Designations and Reporting Points, dated August 7,
2013, and effective September 15, 2013, which is incorporated by
reference in 14 CFR section 71.1. The Class B airspace area listed in
this document would be published subsequently in the Order.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic impact of
regulatory changes on small entities. Third, the Trade Agreements Act
(Pub. L. 96-39) prohibits agencies from setting standards that create
unnecessary obstacles to the foreign commerce of the United States. In
developing U.S. standards, the Trade Act requires agencies to consider
international standards and, where appropriate, that they be the basis
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4) requires agencies to prepare a written assessment of
the costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this proposed rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this proposed rule. The
reasoning for this determination follows:
    This proposal would amend the description of Area G of the
Philadelphia Class B area to correct a design error that resulted in
the Class B airspace being published 2.1 NM larger than intended on the
southeast side of the area.
    This proposed rule has the following benefits.
    1. It would improve the flow of air traffic, enhance safety, and
reduce the potential for midair collision in the Philadelphia Class B
airspace.
    2. It would continue to ensure the containment of large turbine-
powered aircraft within Class B airspace as required by FAA directive.
    3. It would provide VFR aircraft with additional non-Class B
airspace.
    4. It would enhance the safety and efficient management of aircraft
operations in the Philadelphia terminal area.
    The FAA believes that this proposed rule would result in minimal
costs.
    The FAA has, therefore, determined that this proposed rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a

substantial number of small entities, section 605(b) of the RFA
provides that the head of the agency may so certify and a regulatory
flexibility analysis is not required. The certification must include a
statement providing the factual basis for this determination, and the
reasoning should be clear.
    The FAA believes the proposed rule would not have a significant
economic impact on a substantial number of small entities, as the
economic impact is expected to be minimal. If an agency determines that
a rulemaking will not result in a significant economic impact on a
substantial number of small entities, the head of the agency may so
certify under section 605(b) of the RFA. Therefore, as provided in
section 605(b), the head of the FAA certifies that this rulemaking will
not result in a significant economic impact on a substantial number of
small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this proposed rule and
determined that it will enhance safety and is not considered an
unnecessary obstacle to trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million.
    This proposed rule does not contain such a mandate; therefore, the
requirements of Title II of the Act do not apply.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1E, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9X, Airspace Designations and
Reporting Points, dated August 7, 2013, and effective September 15,
2013, is amended as follows:

Paragraph 3000 Subpart B--Class B Airspace.

* * * * *

AEA PA B Philadelphia, PA [Amended]

Philadelphia International Airport, PA (Primary Airport)
    (Lat. 39[deg]52'20'' N., long. 75[deg]14'27'' W.)
Northeast Philadelphia Airport, PA
    (Lat. 40[deg]04'55'' N., long. 75[deg]00'38'' W.)
Cross Keys Airport, NJ
    (Lat. 39[deg]42'20'' N., long. 75[deg]01'59'' W.)
    Boundaries.
    By removing the current description of Area G and adding in its
place:
    Area G. That airspace extending upward from 3,500 feet MSL to
and including 7,000 feet MSL within a 20-mile radius of PHL,
excluding that airspace south of a line beginning at the
intersection of the PHL 20-mile radius and the 158[deg] bearing from
PHL, thence direct to the intersection of the PHL 17.9-mile radius
and the 138[deg] bearing from PHL, and that airspace bounded by a
line beginning at the intersection of the PHL 17.9-mile radius and
the 138[deg] bearing from PHL, thence direct to the intersection of
the PHL 15-mile radius and the 141[deg] bearing from PHL, thence
direct to the intersection of the Cross Keys Airport (17N) 1.5-mile
radius and the 212[deg] bearing from 17N, thence clockwise via the
1.5-mile radius of 17N to the 257[deg] bearing from 17N, thence
direct to the intersection of the 17N 1.5-mile radius and the
341[deg] bearing from 17N, thence clockwise via the 1.5-mile radius
of 17N to the 011[deg] bearing from 17N, thence direct to the
intersection of the PHL 15-mile radius and the 127[deg] bearing from
PHL, thence direct to the intersection of the PHL 20-mile radius and
the 118[deg] bearing from PHL, and Areas A, B, C, D, E and F.
* * * * *

    Issued in Washington, DC, on December 11, 2013.
Ellen Crum,
Acting Manager, Airspace Policy and Regulations Group.
[FR Doc. 2013-30086 Filed 12-18-13; 8:45 am]
BILLING CODE 4910-13-P