[Federal Register: June 19, 2009 (Volume 74, Number 117)]
[Rules and Regulations]
[Page 29131-29134]
[DOCID:fr19jn09-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0478]
RIN 1625-AA00

Safety Zone; Southside Summer Fireworks, St. Clair River, Port
Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port Detroit Zone on the St. Clair River, Port Huron,
Michigan. This Zone is intended to restrict vessels from portions of
the St. Clair River during the Southside Summer Fireworks. This
temporary safety zone is necessary to protect spectators and vessels
from the hazards associated with fireworks displays.

DATES: This rule is effective from 10 p.m. on June 27, 2009 until 11
p.m. on June 28, 2009.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0478 and are available online
by going to http://www.regulations.gov, selecting the Advanced Docket
Search option on the right side of the screen, inserting USCG-2009-0478
in the Docket ID box, pressing Enter, and then clicking on the item in
the Docket ID column. They are also available for inspection or copying
at the following location: the 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, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail CDR Joseph Snowden, Prevention
Department, Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, e-
mail<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the permit application was not
received in time to publish an NPRM followed by a final rule before the
effective date and immediate action is necessary to prevent possible
loss of life and property that is potentially associated with this
fireworks display.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying this rule would be
contrary to the public interest of ensuring the safety of spectators
and vessels during this event, and immediate action is necessary to
prevent possible loss of life and property. The Coast Guard has not
received any complaints or negative comments previously with regard to
events of this type and duration.

Background and Purpose

    This temporary safety zone is necessary to ensure the safety of
vessels and spectators from hazards associated with a fireworks
display. Such hazards include obstructions to the waterway that may
cause marine casualties and the explosive danger of fireworks and
debris falling into the water that may cause death or serious bodily
harm. Establishing a safety zone to control vessel movement around the
location of the launch platform will help ensure the safety of persons
and property at these events and help minimize the associated risks.

Discussion of Rule

    A temporary safety zone is necessary to ensure the safety of
spectators and vessels during the setup, loading, and launching of the
Southside Summer Fireworks Display. The fireworks display will occur
between 10 p.m. and 11 p.m., June 27, 2009. If the event is delayed by
inclement weather, the fireworks display will occur between 10 p.m. and
11 p.m. on June 28, 2009.
    The safety zone will encompass all waters of St. Clair River within
a 300 yard radius of position 42[deg]57'55'' N, 082[deg]25'20'' W. This
position is located on the shore of the St. Clair River in the vicinity
of Oak and 3rd Street, Port Huron, MI. All geographic coordinates are
North American Datum of 1983 (NAD 83).
    All persons and vessels shall comply with the instructions of the
Coast Guard Captain of the Port or the designated on scene patrol
personnel. Entry into, transiting, or anchoring within the safety zone
is prohibited unless authorized by the Captain of the Port Detroit or
his designated on scene representative. The Captain of the Port or his
designated on scene representative may be contacted via VHF Channel 16.

Regulatory Analyses

    We developed this 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, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
    We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation under the regulatory policies and procedures
of DHS is unnecessary.
    This determination is based on the minimal time that vessels will
be restricted from the zone and the zone is an area where the Coast
Guard expects insignificant adverse impact to mariners from the zone's
activation.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this 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 rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
transit or anchor in a portion of the St. Clair River near Port Huron,
MI between 10 p.m. on June 27, 2009 and 11 p.m. on June 28, 2009.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
rule will only be in effect for one hour. In the event that this
temporary safety zone affects shipping, commercial vessels may request
permission from the Captain of the Port Detroit to transit through the
safety zone. The Coast Guard will give notice to the public via

a Broadcast Notice to Mariners that the regulation is in effect.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This 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 rule under
that Order and have determined that it does not have implications for
Federalism.

Unfunded Mandates Reform Act

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

Taking of Private Property

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

Civil Justice Reform

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

Indian Tribal Governments

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

Energy Effects

    We have analyzed this 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 rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 023-01, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g) of the Instruction because it involves the establishment of a
temporary safety zone. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  33 U.S.C. 1226, 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.

0
2. Add new temporary Sec.  165.T09-0478 as follows:

Sec.  165.T09-0478  Safety Zone; Southside Summer Fireworks; St. Clair
River; Port Huron, MI.

    (a) Location. The following area is a temporary safety zone: all
waters of St. Clair River within a 300 yard radius of position
42[deg]57'55'' N, 082[deg]25'20'' W. This position is located on the
shore of the St. Clair River in the vicinity of Oak and 3rd Street,
Port Huron, MI. All geographic coordinates are North American Datum of
1983 (NAD 83).
    (b) Effective Period. This regulation is effective from 10 p.m. on
June 27, 2009, to 11 p.m. on June 28, 2009. This regulation will be
enforced from 10 p.m. until 11 p.m. on June 27, 2009. If the event is
delayed by inclement weather,

this regulation will be enforced from 10 p.m. to 11 p.m. on June 28,
2009.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port Detroit, or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Detroit or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is
any Coast Guard commissioned, warrant, or petty officer who has been
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or
his designated on scene representative may be contacted via VHF Channel
16.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port Detroit or his on-scene
representative to obtain permission to do so. Vessel operators given
permission to enter or operate in the safety zone must comply with all
directions given to them by the Captain of the Port or his on-scene
representative.

    Dated: June 3, 2009.
F.M. Midgette,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. E9-14388 Filed 6-18-09; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 85, Number 7 (Friday, January 10, 2020)]
[Notices]
[Pages 1312-1313]
[FR Doc No: 2020-00221]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Number: PR20-19-000.
    Applicants: NET Mexico Pipeline Partners, LLC.
    Description: Tariff filing per 284.123(b)(2)+(g): Petition for NGPA
Section 311 Rate Approval to be effective 12/30/2019 under PR20-19
Filing.
    Filed Date: 12/31/19.
    Accession Number:<PHONE_NUMBER>75.
    Comments Due: 5 p.m. ET 1/21/20.
    284.123(g) Protests Due: 5 p.m. ET 3/2/20.

    Docket Number: PR20-20-000.
    Applicants: American Midstream (Alabama Intrastate), LLC.
    Description: Tariff filing per 284.123(b)(2)+(g): American
Midstream (Alabama Intrastate), LLC Rate Petition to be effective 12/
31/2019 under PR20-20.
    Filed Date: 1/2/20.
    Accession Number:<PHONE_NUMBER>32.
    Comments Due: 5 p.m. ET 1/23/20.
    284.123(g) Protests Due: 5 p.m. ET 3/2/20.

    Docket Numbers: RP20-393-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 010220 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-17 to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5015.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-394-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 010220 Negotiated Rates--Wells
Fargo Commodities, LLC R-7810-18 to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5016.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-395-000.
    Applicants: Rover Pipeline LLC.
    Description: Sec.  4(d) Rate Filing: Summary of Negotiated Rate
Capacity Release Agreements on 1-2-20 to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5061.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-397-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Expired Negotiated Rate
Agreements--12/31/2019 to be effective 2/2/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5137.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-398-000.
    Applicants: Iroquois Gas Transmission System, L.P.
    Description: Sec.  4(d) Rate Filing: 010220 Negotiated Rates--
Mercuria Energy America, Inc. R-7540-02 to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5139.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-399-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Negotiated Capacity Release
Agreements--1/1/2020 to be effective 12/31/9998.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5276.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-400-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts
(Atlanta Gas 8438 releases eff 1-1-2020) to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5279.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-401-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Aethon
37657, 50488 to Scona 52024, 52023) to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5282.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-402-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Calyx
51780 to BP 51921) to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5291.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-403-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt
(Constellation 51978 to Exelon 52033) to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5286.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-404-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmt (Panda
624 to NextEra 51920) to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5287.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-405-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Amendment to Neg Rate Agmt
(Clearwater 51774) to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5242.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-406-000.
    Applicants: Gulf South Pipeline Company, LLC.
    Description: Sec.  4(d) Rate Filing: Cap Rel Neg Rate Agmts (Osaka
46429 to ConocoPhillips 52017, Texla 52027) to be effective 1/1/2020.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5249.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-407-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--CES
RP18-923 & RP20-131 Settlement to be effective 1/1/2019.
    Filed Date: 1/2/20.
    Accession Number: 20200102-5295.
    Comments Due: 5 p.m. ET 1/14/20.

    Docket Numbers: RP20-408-000.
    Applicants: Equitrans, L.P.
    Description: Sec.  4(d) Rate Filing: Revised--Negotiated Capacity
Release Agreements--1/1/2020 to be effective 1/1/2020.
    Filed Date: 1/3/20.
    Accession Number: 20200103-5000.
    Comments Due: 5 p.m. ET 1/15/20.

    Docket Numbers: RP20-409-000.
    Applicants: Enable Mississippi River Transmission, LLC.
    Description: Sec.  4(d) Rate Filing: Negotiated Rate Filing--
Mississippi Lime RP18-923 & RP20-131 Settlement to be effective 1/1/
2019.
    Filed Date: 1/3/20.

    Accession Number: 20200103-5001.
    Comments Due: 5 p.m. ET 1/15/20.

    Docket Numbers: RP20-410-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Sec.  4(d) Rate Filing: Name Change Cleanup Filing--
Toshiba to Total to be effective 2/3/2020.
    Filed Date: 1/3/20.
    Accession Number: 20200103-5008.
    Comments Due: 5 p.m. ET 1/15/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: January 6, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-00221 Filed 1-9-20; 8:45 am]
 BILLING CODE 6717-01-P