[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 30018-30020]
[FR Doc No: 2011-12676]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0190]
RIN 1625-AA00

Safety Zone; Marysville Days Fireworks, St. Clair River,
Marysville, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on St.
Clair River, Marysville, MI. This zone is intended to restrict vessels
from a portion of St. Clair River during the Marysville Days Fireworks.

DATES: This rule is effective and enforced from 10:15 p.m. through
10:45 p.m. on June 24, 2011.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2011-0190 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0190 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at 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 LT Katie Stanko, 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
202-366-9826.

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 waiting for a notice and comment
period to run would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
the public from the hazards associated with maritime fireworks
displays.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because it would inhibit the Coast Guard from ensuring the safety of
vessels and the public during the fireworks display.

Background and Purpose

    On June 24, 2011, fireworks will be launched from a point on land
near the Marysville Municipal Park, adjacent to the St. Clair River, to
commemorate Marysville Day. The temporary safety zone created by this
rule is necessary to ensure the safety of vessels and spectators from
hazards associated with that fireworks display. Such hazards include
obstructions to the waterway that may cause marine casualties, the
explosive danger of fireworks, and debris falling into the water that
may cause death, serious bodily harm, or property damage. Establishing
a safety zone to control vessel movement around the location of the
launch platform will help ensure the safety of persons and property in
the vicinity of this event 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
Marysville Days Fireworks Display. The fireworks display will occur
between 10:15 p.m. through 10:45 p.m. on June 24, 2011.
    The safety zone will encompass all waters on St. Clair River within
a 600 foot radius of the fireworks launch site located on land at
position 42[deg]54'25'' N, 082[deg]27'58'' W from 10:15 p.m. until
10:45 p.m. on June 24, 2011. 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 conclude that this 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 zone around the launch platform will
be relatively small and exist for only a minimal time. Thus,
restrictions on vessel movement within any particular area of the St.
Clair River are expected to be minimal. Under certain conditions,
moreover, vessels may still transit through the safety zone when
permitted by the Captain of the Port.

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 this portion of St. Clair River between 10:15 p.m.
through 10:45 p.m. on June 24, 2011.
    This safety zone will not have a significant economic impact on a
substantial number of small entities because vessels can easily transit
around the zone. The Coast Guard will give notice to the public via a
Local 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 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and

Interference with Constitutionally Protected Property Rights.

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 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 concluded
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule 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 will be 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.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 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 section Sec.  165.T09-0190 to read as follows:

Sec.  165.T09-0190  Safety zone; Marysville Days Fireworks, St. Clair
River, Marysville, MI.

    (a) Location. The safety zone will encompass all U.S. navigable
waters on the St. Clair River within a 600 foot radius of the fireworks
launch site located on land at position 42[deg]54'25'' N,
082[deg]27'58'' W. All geographic coordinates are North American Datum
of 1983 (NAD 83).
    (b) Effective and enforcement period. This rule is effective and
will be enforced from 10:15 p.m. through 10:45 p.m. on June 24, 2011.
    (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.
    (5) 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: April 27, 2011.
E.J. Marohn.
Commander, U.S. Coast Guard, Acting Captain of the Port Detroit.
[FR Doc. 2011-12676 Filed 5-23-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Notices]
[Page 27063]
[FR Doc No: 2017-12237]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OGC-2017-0030; FRL-9962-52-OGC]

Proposed Settlement Agreement, Clean Air Act Petition for Review;
Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; reopening of comment period.

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SUMMARY: EPA issued a notice in the Federal Register on January 19,
2017, soliciting comments on the proposed settlement agreement in
Sierra Club v. EPA, No. 16-1158 (D.C. Cir.). The proposed settlement
agreement would resolve Sierra Club's lawsuit challenging EPA's final
action titled ``Revisions to Ambient Monitoring Quality Assurance and
Other Requirements'' upon EPA's sending of two nonbinding guidance
documents (described in the proposed settlement agreement) recommending
public notification practices concerning the submission and approval of
ambient air monitoring network plans. The comment period on the
proposed settlement agreement closed on February 21, 2017. EPA received
two requests to review and comment on the draft guidance before
issuance. The draft guidance documents are now available and will be
placed in the docket. This document reopens the comment period on the
proposed settlement agreement for 30 days from June 13, 2017 to July
13, 2017. EPA is soliciting comment on whether EPA should proceed to
finalize the settlement.

DATES: Written comments on the proposed settlement agreement must be
received by July 13, 2017.

ADDRESSES: Follow the detailed instructions provided under ADDRESSES in
the Federal Register document of January 19, 2017 (82 FR 6532) (EPA-HQ-
OGC-2017-0030; FRL-9958-55-OGC).

FOR FURTHER INFORMATION CONTACT: Jonathan Skinner-Thompson, Air and
Radiation Law Office (2344A), Office of General Counsel, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; fax number (202) 564-
5603; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: This document reopens the public comment
period established in the Federal Register document of January 19,
2017. In that document, EPA announced a 30-day public review period
soliciting comments on the proposed settlement agreement in Sierra Club
v. EPA, No. 16-1158 (D.C. Cir.). The proposed settlement agreement
would resolve Sierra Club's lawsuit challenging EPA's final action
titled ``Revisions to Ambient Monitoring Quality Assurance and Other
Requirements'' upon EPA's issuance of two nonbinding guidance documents
recommending public notification practices concerning the submission
and approval of ambient air monitoring network plans. As described in
paragraph 2 of the proposed settlement agreement, one guidance document
would be sent to state and local monitoring agencies recommending that
air agencies make proposed network plans available on a state Web site
and notify interested parties of plan availability for public comment.
EPA would also request that states confirm in a submitted plan the
timing and form of notice given. The guidance would explicitly be a
nonbinding recommendation. As described in paragraph 3 of the proposed
settlement agreement, the second guidance document would be sent to EPA
regional offices, requesting that regions notify interested parties
within 15 business days of EPA action on a network plan and that
approved network plans be uploaded to EPA Web site within 15 business
days of approval. EPA received two requests from state agencies to
review and comment on the draft guidance before issuance. The draft
guidance documents are now available to consider in commenting on the
proposed settlement agreement and will be placed in the official docket
for this action under Docket ID No. EPA-HQ-OGC-2017-0030. EPA is hereby
reopening the comment period on the proposed settlement agreement for
30 days from June 13, 2017 to July 13, 2017. EPA is soliciting comment
on whether EPA should proceed to finalize the settlement.
    To submit comments, or access the docket, please follow the
detailed instructions provided under ADDRESSES in the Federal Register
document of January 19, 2017. If you have questions, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

    Dated: May 3, 2017.
Lorie J. Schmidt,
Associate General Counsel.
[FR Doc. 2017-12237 Filed 6-12-17; 8:45 am]
 BILLING CODE 6560-50-P


Kathy Kaufman/RTP/USEPA/US

05/06/2008 11:08 AM

To

"Lee, Amanda I."<EMAIL_ADDRESS> cc

"King, Heidi R."<EMAIL_ADDRESS>Ron Evans/RTP/USEPA/US@EPA, Neal Fann/RTP/USEPA/US@EPA, Darryl Weatherhead/RTP/USEPA/US@EPA, Tom Walton/RTP/USEPA/US@EPA, Lydia Wegman/RTP/USEPA/US@EPA, Tricia Crabtree/RTP/USEPA/US@EPA, Brian Heninger/DC/USEPA/US@EPA

Subject

draft changes to Pb RIA chapter 4 and 6

Amanda -- attached are changes in response to your comments.  Please see pages 5 and 11 of chapter 4 and pages 11 and 15 of chapter 6.  I've also sent this officially through OPEI, but am forwarding directly to you in the interest of time.

Thanks!

-- Kathy

Kathy Kaufman

EPA/OAQPS Mail Code C539-03

Research Triangle Park, NC 27711

Phone<PHONE_NUMBER>

Fax<PHONE_NUMBER>


[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Notices]
[Pages 52342-52343]
[FR Doc No: 2020-18386]

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ENVIRONMENTAL PROTECTION AGENCY

[CERCLA-04-2020-2505; FRL-10012-64-Region 4]

Pilot Mountain Superfund Site; Notice of Settlement

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed settlement.

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SUMMARY: The United States Environmental Protection Agency (EPA)
proposes to enter into a Settlement Agreement for Recovery of Past
Response Costs with New River Tire Recycling, LLC, concerning the Pilot
Mountain Superfund Site located in Pilot Mountain, North Carolina. The

settlement addresses recovery of CERCLA costs for a cleanup action
performed by the EPA at the Site.

DATES: The Agency will consider public comments on the settlement until
September 24, 2020. The Agency will consider all comments received and
may modify or withdraw its consent to the proposed settlement if
comments received disclose facts or considerations which indicate that
the proposed settlement is inappropriate, improper, or inadequate.

ADDRESSES: Copies of the settlement are available from the Agency by
contacting Ms. Paula V. Painter, Program Analyst, using the contact
information provided in this notice. Comments may also be submitted by
referencing the Site's name through one of the following methods:
Internet: https://www.epa.gov/aboutepa/about-epa-region-4-southeast#r4-public-notices; Email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Paula V. Painter at 404/562-8887.

    Authority: 122(h) of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA).

    Dated: July 21, 2020.
Maurice Horsey,
Chief, Enforcement Branch, Superfund & Emergency Management Division.
[FR Doc. 2020-18386 Filed 8-24-20; 8:45 am]
BILLING CODE 6560-50-P