[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Rules and Regulations]
[Pages 16284-16286]
[FR Doc No: 2015-06968]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2014-0634; FRL-9925-17-Region 3]

Approval and Promulgation of Air Quality Implementation Plans;
Pennsylvania; Plan Approval and Operating Permit Fees

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action to approve revisions to the Pennsylvania State
Implementation Plan (SIP). This proposed revision pertains to minor
editorial revisions to Pennsylvania's existing plan approval and
operating permit fee rules. This action is being taken under the Clean
Air Act (CAA).

DATES: This rule is effective on May 26, 2015 without further notice,
unless EPA receives adverse written comment by April 27, 2015. If EPA
receives such comments, it will publish a timely withdrawal of the
direct final rule in the Federal Register and inform the public that
the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2014-0634 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2014-0634, Dave Campbell, Associate Director,
Office of Permits and Air Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
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-R03-OAR-
2014-0634. 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 whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI, or otherwise protected, through www.regulations.gov or email.
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.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI 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 in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Pennsylvania Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: Gerallyn Duke,<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On February 11, 2014, the Pennsylvania
Department of Environmental Protection submitted a revision to the
Pennsylvania SIP for minor clarifying amendments to Pennsylvania's
existing air permit fee rule.

I. Background

    Section 110(a)(2)(L) of the CAA requires SIPs to include
requirements that the owner or operator of each major stationary source
pay to the permitting authority, as a condition of any permit required
by the CAA, fees sufficient to

cover reasonable costs of acting on the permit as well as implementing
and enforcing the terms and conditions of the permit. EPA approved
Pennsylvania's plan approval and operating permit fee regulation at 25
PA Code 127.701-127.707 into the Pennsylvania SIP in accordance with
section 110 of the CAA, on July 30, 1996. 61 FR 39595.

II. Summary of SIP Revision

    The February 11, 2014 revision amends 25 PA Code 127.701 to clarify
that permit fees paid to the Pennsylvania Department of Environmental
Protection by owners and operators of certain stationary sources are
deposited into the Clean Air Fund which was previously established
under section 9 of the Pennsylvania Air Pollution Control Act. Minor
editorial changes to 25 PA Code 127.701 also are included to clarify
that plan approval and operating permit fees collected to implement
title V requirements shall be made payable to the ``Pennsylvania Clean
Air Fund.''

III. Final Action

    EPA is approving the Pennsylvania SIP revision submitted on
February 11, 2014 pertaining to payment of air permit fees to the
``Pennsylvania Clean Air Fund'' and requirements to deposit such fees
in a restricted revenue account within the Clean Air Fund. The February
11, 2014 SIP revision is in accordance with requirements in section
110(a)(2)(L) of the CAA. EPA is publishing this rule without prior
proposal because EPA views this as a noncontroversial amendment and
anticipates no adverse comment. However, in the ``Proposed Rules''
section of today's Federal Register, EPA is publishing a separate
document that will serve as the proposal to approve the SIP revision if
adverse comments are filed. This rule will be effective on May 26, 2015
without further notice unless EPA receives adverse comment by April 27,
2015. If EPA receives adverse comment, EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time.

IV. Incorporation by Reference

    In this rulemaking action, the EPA is finalizing regulatory text
that includes incorporation by reference. In accordance with
requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by
reference of this Pennsylvania SIP revision regarding amendments to 25
PA Code 127.701, as discussed in section II of this preamble. The EPA
has made, and will continue to make, these documents generally
available electronically through www.regulations.gov and/or in hard
copy at the appropriate EPA office (see the ADDRESSES section of this
preamble for more information).

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 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, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is 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.);
     Does 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);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is 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
     Does 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).
In addition, this rule does not have tribal implications as specified
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the
SIP is not approved to apply in Indian country located in the state,
and EPA notes that it will not impose substantial direct costs on
tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

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

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 26, 2015. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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. Parties with objections to this direct final rule are
encouraged to file a comment in response to the parallel notice of
proposed rulemaking for this action published in the proposed rules
section of today's Federal Register, rather than file an immediate
petition for judicial review of this direct final rule, so that EPA can
withdraw this direct final rule and address the comment in the proposed
rulemaking action. This action pertaining to minor editorial revisions
to Pennsylvania's existing title V fee rule 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: March 10, 2015.
William C. Early,
Acting Regional Administrator, Region III.

    Therefore, 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 NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (c)(1) is amended by
revising the entry ``Section 127.701'' to read as follows:

Sec.  52.2020  Identification of plan.

* * * * *
    (c) * * *

                                                 (1) EPA-Approved Pennsylvania Regulations and Statutes
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                                                                State                                              Additional explanation/Sec.   52.2063
          State citation                Title/Subject      effective date             EPA Approval date                           citation
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                                                                      * * * * * * *
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                                                  Subchapter I--Plan Approval and Operating Permit Fees
--------------------------------------------------------------------------------------------------------------------------------------------------------
Section 127.701...................  General provisions...        12/14/13  3/27/15 [Insert Federal Register        Paragraphs (b) and (c) revised.
                                                                            citation].
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                                                                      * * * * * * *
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[FR Doc. 2015-06968 Filed 3-26-15; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 156 (Monday, August 15, 2022)]
[Notices]
[Pages 50165-50166]
[FR Doc No: 2022-17500]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

Hazardous Materials: Notice of Applications for Modification to
Special Permits

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.

ACTION: List of applications for modification of special permits.

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SUMMARY: In accordance with the procedures governing the application
for, and the processing of, special permits from the Department of
Transportation's Hazardous Material Regulations, notice is hereby given
that the Office of Hazardous Materials Safety has received the
application described herein.

DATES: Comments must be received on or before August 30, 2022.

ADDRESSES: Record Center, Pipeline and Hazardous Materials Safety
Administration U.S. Department of Transportation, Washington, DC 20590.
    Comments should refer to the application number and be submitted in
triplicate. If confirmation of receipt of comments is desired, include
a self-addressed stamped postcard showing the special permit number.

FOR FURTHER INFORMATION CONTACT: Donald Burger, Chief, Office of
Hazardous Materials Safety General Approvals and Permits Branch,
Pipeline and Hazardous Materials Safety Administration, U.S. Department
of Transportation, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington, DC 20590-0001,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Each mode of transportation for which a
particular special permit is requested is indicated by a number in the
``Nature of Application'' portion of the table below as follows: 1--
Motor vehicle, 2--Rail freight, 3--Cargo vessel, 4--Cargo aircraft
only, 5--Passenger-carrying aircraft.
    Copies of the applications are available for inspection in the
Records Center, East Building, PHH-13, 1200 New Jersey Avenue
Southeast, Washington DC or at http://regulations.gov.
    This notice of receipt of applications for special permit is
published in accordance with part 107 of the Federal hazardous
materials transportation law (49 U.S.C. 5117(b); 49 CFR 1.53(b)).

    Issued in Washington, DC, on July 29, 2022.
Donald P. Burger,
Chief, General Approvals and Permits Branch.

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                                                                                Nature of the special permits
       Application No.                Applicant           Regulation(s) affected              thereof
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                                              Special Permits Data
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14193-M.....................  Honeywell International    172.101(h)..............  To modify the special permit
                               Inc.                                                 to authorize additional
                                                                                portable tanks. (modes, 1,
                                                                                2, 3).
20482-M.....................  Solid Power Operating,     173.35(e)...............  To modify the special permit
                               Inc.                                                 to authorize an additional
                                                                                hazardous material. (mode
                                                                                1).
20881-M.....................  Arkema Inc...............  172.102(c)(7),            To modify the special permit
                                                          173.201(c).               to authorize the
                                                                                transportation of the non-UN
                                                                                portable tanks from Arkema
                                                                                Inc. to customer sites and
                                                                                between customer sites.
                                                                                (mode 1).
21074-M.....................  Zhejiang Meenyu Can        173.304(a), 173.304(d)..  To modify the special permit
                               Industry Co., Ltd.                                   to authorize additional
                                                                                inside metal containers.
                                                                                (modes 1, 2, 3).

21351-M.....................  Bollor[eacute] Logistics   172.101(j), 172.300,      To modify the special permit
                               Germany GmbH.              172.400, 173.301(f),      to authorize multiple heat
                                                          173.302a(a)(1),           pipes in each outer
                                                          173.185(a)(1).            transport container. (modes
                                                                                1, 3, 4).
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[FR Doc. 2022-17500 Filed 8-12-22; 8:45 am]
BILLING CODE 4909-60-P


[Federal Register: January 11, 2011 (Volume 76, Number 7)]
[Proposed Rules]
[Page 1564-1568]
[DOCID:fr11ja11-22]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2010-1094]
RIN 1625-AA08

Special Local Regulation for Marine Event; Temporary Change of
Dates for Recurring Marine Event in the Fifth Coast Guard District

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to temporarily change the enforcement
periods of special local regulations for recurring marine events in the
Fifth Coast Guard District. These regulations apply to four recurring
marine events that conduct a rescue at sea demonstration, an air show,
a swimming competition, and power boat races. Special local regulations
are necessary to provide for the safety of life on navigable waters
during these events. This action is intended to restrict vessel traffic
in a portion of the Severn River at Annapolis, MD, the Chester River
near Chestertown, MD, and Prospect Bay at Kent Island, MD during the
events.

DATES: Comments and related material must be received by the Coast
Guard on or before February 10, 2011.
    The effective dates being proposed for this rule are from April 1
to September 1, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2010-1094 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 Mr. Ronald L. Houck, Project Manager, Coast Guard Sector
Baltimore Waterways Management Division, at<PHONE_NUMBER> or e-mail at
<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-2010-1094), 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 http://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 e-mail 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-2010-1094'' 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-2010-1094 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 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

    Marine events are frequently held on the navigable waters within
the boundary of the Fifth Coast Guard District. The activities that
typically comprise marine events include: Sailing regattas, power boat
races, swim races and holiday parades. For a description of the
geographical area of each Coast Guard Sector--Captain of the Port Zone,
please see 33 CFR 3.25.
    This regulation proposes to temporarily change the enforcement
period of special local regulations for recurring marine events within
the Fifth Coast Guard District. This proposed regulation applies to
four marine events previously published at 33 CFR 100.501, Table to
Sec.  100.501.
    The first event is the annual ``Safety at Sea Seminar,'' sponsored
by the U.S. Naval Academy, on the waters of the Severn River at
Annapolis, MD. The regulation at 33 CFR 100.501 is effective annually
for the Safety at Sea Seminar marine event. The event consists of
demonstrations of at sea rescues including surface and air platforms
held on and above the waters of the Severn River in Annapolis,
Maryland. Visual distress signal devices will be used and a helicopter
with small boats will be operating before a large fleet of spectator
crafts. Therefore, to ensure the safety of participants and support
vessels, 33 CFR 100.501 would be enforced for the duration of the
event. Under provisions of 33 CFR 100.501, from 11 a.m. to 1:30 p.m. on
April 2, 2011, vessels may not enter the regulated area unless they
receive permission from the Coast Guard Patrol Commander. Vessel
traffic may be allowed to transit the regulated area only when the
Patrol Commander determines it is safe to do so.
    The second event is the annual ``Blue Angels Air Show,'' sponsored
by the U.S. Naval Academy, on the waters of the Severn River at
Annapolis, MD. The regulation at 33 CFR 100.501 is effective annually
for the Blue Angels Air Show marine event. The event consists of one
day for arrival and practice and another day for the Air Show held
above the waters of the Severn River, at Annapolis, Maryland. High
performance military aircraft will conduct maneuvers before a large
fleet of spectator crafts. Therefore, to ensure the safety of
participants and support vessels, 33 CFR 100.501 would be enforced for
the duration of the event. Under provisions of 33 CFR 100.501, from
10:30 a.m. to 4 p.m. on May 24, 2011 and from 1:30 p.m. to 4 p.m. on
May 25, 2011, vessels may not enter the regulated area unless they
receive permission from the Coast Guard Patrol Commander. Vessel
traffic may be allowed to transit the regulated area only when the
Patrol Commander determines it is safe to do so.
    The third event is the annual ``Maryland Swim for Life,'' sponsored
by the District of Columbia Aquatics Club, on the waters of the Chester
River near Chestertown, MD. The regulation at 33 CFR 100.501 is
effective annually for the Maryland Swim for Life marine event. The
event is an open water swimming competition held on the waters of the
Chester River, near Chestertown, Maryland. Approximately 200 swimmers
will start from Rolph's Wharf and swim up-river 2.5 miles then swim
down-river returning back to Rolph's Wharf. A large fleet of support
vessels accompany the swimmers. Therefore, to ensure the safety of
participants and support vessels, 33 CFR 100.501 would be enforced for
the duration of the event. Under provisions of 33 CFR 100.501, from
5:30 a.m. to 2:30 p.m. on June 25, 2011, vessels may not enter the
regulated area unless they receive permission from the Coast Guard
Patrol Commander. Vessel traffic may be allowed to transit the
regulated area only when the Patrol Commander determines it is safe to
do so.
    The fourth event is the annual ``Thunder on the Narrows'',
sponsored by the Kent Narrows Racing Association on the waters of
Prospect Bay at Kent Island, MD. The regulation at 33 CFR 100.501 is
effective annually for the Thunder on the Narrows marine event. The
event consists of two days of power boat racing on the waters of
Prospect Bay, at Kent Island, Maryland. High performance power boats
will race on a designated course before a large fleet of spectator
crafts. Therefore, to ensure the safety of participants and support
vessels, 33 CFR 100.501 would be enforced for the duration of the
event. Under provisions of 33 CFR 100.501, from 9:30 a.m. to 6:30 p.m.
on June 25, 2011 and from 9:30 a.m. to 6:30 p.m. on June 26, 2011,
vessels may not enter the regulated area unless they receive permission
from the Coast Guard Patrol Commander. Vessel traffic may be allowed to
transit the regulated area only when the Patrol Commander determines it
is safe to do so.

Discussion of Proposed Rule

    The Coast Guard proposes to temporarily suspend the regulations at
33 CFR 100.501 by changing the date of enforcement in the table to
Sec.  100.501. The Coast Guard proposes to

temporarily change the enforcement periods of special local regulations
for recurring marine events within the Fifth Coast Guard District. This
NPRM applies to the marine events below.

Severn River, Annapolis, MD

    The Table to Sec.  100.501, event No. 13 establishes the
enforcement date for the Safety at Sea Seminar. This regulation
proposes to temporarily change the enforcement date from ``March--4th
or last Saturday'' to the first Saturday in April, holding the annual
marine event on April 2, 2011. The U.S. Naval Academy, which is the
sponsor for this event, intends to hold this event annually; however,
they have changed the date of the event for 2011 so that it is outside
the scope of the existing enforcement period. Due to the need for
vessel control while high performance aircraft are conducting maneuvers
above the Severn River, vessel traffic would be temporarily restricted
to provide for the safety of participants, spectators and transiting
vessels.

Severn River, Annapolis, MD

    The Table to Sec.  100.501, event No. 19 establishes the
enforcement date for the Blue Angels Air Show. This regulation proposes
to temporarily change the enforcement date from ``May--3rd Tuesday and
Wednesday'' to the fourth Tuesday and Wednesday in May, holding the
annual marine event on May 24, 2011 and May 25, 2011. The U.S. Naval
Academy, which is the sponsor for this event, intends to hold this
event as it usually does on the Tuesday and Wednesday before Memorial
Day annually; however, the existing enforcement period listed in the
permanent regulation does not accurately reflect these dates. Due to
the need for vessel control while high performance aircraft are
conducting maneuvers above the Severn River, vessel traffic would be
temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.

Chester River, Chestertown, MD

    The Table to Sec.  100.501, event No. 21 establishes the
enforcement date for the Maryland Swim for Life. This regulation
proposes to temporarily change the enforcement date from ``June--3rd
Saturday or July--3rd Saturday'' to the fourth or last Saturday in
June, holding their 20th annual marine event on June 25, 2011. The
District of Columbia Aquatics Club, which is the sponsor for this
event, intends to hold this event annually; however, they have changed
the date of the event for 2011 so that it is outside the scope of the
existing enforcement period. Due to the need for vessel control while
swimmers are in the water along the Chester River, vessel traffic would
be temporarily restricted to provide for the safety of participants,
spectators and transiting vessels.

Prospect Bay, Kent Island, MD

    The Table to Sec.  100.501, event No. 23 establishes the
enforcement date for the Thunder on the Narrows. This regulation
proposes to temporarily change the enforcement date from ``August--1st
Saturday and Sunday'' to the fourth Saturday and Sunday in June,
holding the annual marine event on June 25, 2011 and June 26, 2011. The
Kent Narrows Racing Association, which is the sponsor for this event,
intends to hold this event annually; however, they have changed the
date of the event for 2011 so that it is outside the scope of the
existing enforcement period. Due to the need for vessel control while
high performance power boats are racing on Prospect Bay, vessel traffic
would be temporarily restricted to provide for the safety of
participants, spectators and transiting vessels.

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

    The proposed 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.
    Although this proposed rule prevents traffic from transiting a
portion of certain waterways during specified events, the effect of
this regulation will not be significant due to the limited duration
that the regulated area will be in effect and the extensive advance
notifications that will be made to the maritime community via marine
information broadcasts, local radio stations and area newspapers, so
mariners can adjust their plans accordingly. Additionally, this
rulemaking does not change the permanent regulated areas that have been
published in 33 CFR 100.501, Table to Sec.  100.501. In some cases
vessel traffic may be able to transit the regulated area when the Coast
Guard Patrol Commander deems it is safe to do so.

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 rule would affect the following
entities, some of which might be small entities: The owners or
operators of vessels intending to transit or anchor in the area where
the marine events are being held. This regulation will not have a
significant impact on a substantial number of small entities because it
will be enforced only during marine events that have been permitted by
the Coast Guard Captain of the Port. The Captain of the Port will
ensure that small entities are able to operate in the areas where
events are occurring when it is safe to do so. In some cases, vessels
will be able to safely transit around the regulated area at various
times, and, with the permission of the Patrol Commander, vessels may
transit through the regulated area. Before the enforcement period, the
Coast Guard will issue maritime advisories so mariners can adjust their
plans accordingly.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this 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 the
rule would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact the individual listed under FOR
FURTHER INFORMATION CONTACT at the beginning of this rule. 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 would call 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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

    This proposed rule would 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 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 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 would 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, under paragraph 34(h), which do not individually
or cumulatively have a significant effect on the human environment.
This rule involves implementation of regulations within 33 CFR Part 100
that apply to organized marine events on the navigable waters of the
United States that may have potential for negative impact on the safety
or other interest of waterway users and shore side activities in the
event area. The category of water activities includes but is not
limited to sail boat regattas, boat parades, power boat racing,
swimming events, crew racing, and sail board racing. Under figure 2-1,
paragraph (34)(h), of the Instruction, an ``Environmental Analysis
Check List'' and a ``Categorical Exclusion Determination'' are not
required for this rule. 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 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

    1. The authority citation for part 100 continues to read as
follows:

    Authority:  33 U.S.C. 1233.

    2. In Sec.  100.501, suspend entries No. 13, No. 19, No. 21 and No.
23 in the Table to Sec.  100.501.
    3. In the Table to Sec.  100.501, add entries 65, 66, 67, and 68 to
read as follows:

Sec.  100.501-T05-1094  Special Local Regulations; Recurring Marine
Event in the Fifth Coast Guard District.

* * * * *
    Table To Sec.  100.501.-All coordinates listed in the Table to
Sec.  100.501 reference Datum NAD 1983.

                                     Coast Guard Sector Baltimore--COTP Zone
----------------------------------------------------------------------------------------------------------------
     Number               Date                Event              Sponsor                    Location
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
65..............  April 2, 2011......  Safety at Sea       U.S. Naval Academy  All waters of the Severn River
                                        Seminar.                                from shoreline to shoreline,
                                                                                bounded to the northwest by a
                                                                                line drawn from the south
                                                                                shoreline at latitude
                                                                                39[deg]00'38.9'' N., longitude
                                                                                076[deg]31'05.2'' W. thence to
                                                                                the north shoreline at latitude
                                                                                39[deg]00'54.7'' N., longitude
                                                                                076[deg]30'44.8'' W., this line
                                                                                is approximately 1300 yards
                                                                                northwest of the U.S. 50 fixed
                                                                                highway bridge. The regulated
                                                                                area is bounded to the southeast
                                                                                by a line drawn from the Naval
                                                                                Academy Light at latitude
                                                                                38[deg]58'39.5'' N., longitude
                                                                                076[deg]28'49'' W. thence
                                                                                southeast to a point 700 yards
                                                                                east of Chinks Point, MD, at
                                                                                latitude 38[deg]58'1.9'' N.,
                                                                                longitude 076[deg]28'1.7'' W.
                                                                                thence northeast to Greenbury
                                                                                Point at latitude 38[deg]58'29''
                                                                                N., longitude 076[deg]27'16'' W.

                                                  * * * * * * *
66..............  May 24 and 25, 2011  Blue Angels Air     U.S. Naval Academy  All waters of the Severn River
                                        Show.                                   from shoreline to shoreline,
                                                                                bounded to the northwest by a
                                                                                line drawn from the south
                                                                                shoreline at latitude
                                                                                39[deg]00'38.9'' N., longitude
                                                                                076[deg]31'05.2'' W. thence to
                                                                                the north shoreline at latitude
                                                                                39[deg]00'54.7'' N., longitude
                                                                                076[deg]30'44.8'' W., this line
                                                                                is approximately 1300 yards
                                                                                northwest of the U.S. 50 fixed
                                                                                highway bridge. The regulated
                                                                                area is bounded to the southeast
                                                                                by a line drawn from the Naval
                                                                                Academy Light at latitude
                                                                                38[deg]58'39.5'' N., longitude
                                                                                076[deg]28'49'' W. thence
                                                                                southeast to a point 700 yards
                                                                                east of Chinks Point, MD, at
                                                                                latitude 38[deg]58'1.9'' N.,
                                                                                longitude 076[deg]28'1.7'' W.
                                                                                thence northeast to Greenbury
                                                                                Point at latitude 38[deg]58'29''
                                                                                N., longitude 076[deg]27'16'' W.

                                                  * * * * * * *
67..............  June 25, 2011......  Maryland Swim for   District of         The waters of the Chester River
                                        Life.               Columbia Aquatics   from shoreline to shoreline,
                                                            Club.               bounded on the south by a line
                                                                                drawn at latitude 39[deg]10'16''
                                                                                N., near the Chester River
                                                                                Channel Buoy 35 (LLN-26795) and
                                                                                bounded on the north at latitude
                                                                                39[deg]12'30'' N by the Maryland
                                                                                S.R. 213 Highway Bridge.

                                                  * * * * * * *
68..............  June 25 and 26,      Thunder on the      Kent Narrows        All waters of Prospect Bay
                   2011.                Narrows.            Racing              enclosed by the following
                                                            Association.        points: Latitude
                                                                                38[deg]57'52.0'' N., longitude
                                                                                076[deg]14'48.0'' W., to
                                                                                latitude 38[deg]58'02.0'' N.,
                                                                                longitude 076[deg]15'05.0'' W.,
                                                                                to latitude 38[deg]57'38.0'' N.,
                                                                                longitude 076[deg]15'29.0'' W.,
                                                                                to latitude 38[deg]57'28.0'' N.,
                                                                                longitude 076[deg]15'23.0'' W.,
                                                                                to latitude 38[deg]57'52.0'' N.,
                                                                                longitude 076[deg]14'48.0'' W.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: December 16, 2010.
Mark P. O'Malley,
Captain, U.S. Coast Guard, Captain of the Port Baltimore, MD.
[FR Doc. 2011-169 Filed 1-10-11; 8:45 am]
BILLING CODE 9110-04-P