[Federal Register: May 25, 2011 (Volume 76, Number 101)]
[Rules and Regulations]
[Page 30255-30263]
[DOCID:fr25my11-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[Docket No. USCG-2011-0369]

Special Local Regulations and Safety Zones; Recurring Events in
Northern New England

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulations.

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

SUMMARY: The Coast Guard is announcing specific dates and times for
Special Local Regulations and Safety Zones occurring in the Northern
New England Captain of the Port Zone. This action is necessary to
protect marine traffic and spectators from the hazards associated with
powerboat races, regattas, boat parades, rowing and paddling boat
races, swim events, and fireworks displays. During the enforcement
period, no person or vessel may enter the Special Local Regulation area
or Safety Zone without permission of the Captain of the Port.

DATES: The regulations for events described in 33 CFR 100.120 and 33
CFR 165.171 will be enforced during the times and dates specified in
Table 1 and Table 2, respectively. The earliest event

is May 27, 2011, and the latest event is September 23, 2011.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail Lieutenant Junior Grade Terence Leahy, Waterways
Management Division at Coast Guard Sector Northern New England,
telephone<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Special
Local Regulations and Safety Zones listed in 33 CFR 100.120 and 33 CFR
165.171. These regulations will be enforced for the duration of each
event, on the dates indicated in Tables 1 and 2.

                                 Table 1
                [For events described in 33 CFR 100.120]
------------------------------------------------------------------------

------------------------------------------------------------------------
5.0                                                    MAY
------------------------------------------------------------------------
5.1 Tall Ships Visiting Portsmouth.....   Event Type: Regatta
                                          and Boat Parade.
                                          Sponsor: Portsmouth
                                          Maritime Commission, Inc.
                                          Date: May 27 to 31,
                                          2011.
                                          Time: 9 a.m. to 8 p.m.
                                          each day.
                                          Location: The
                                          regulated area includes all
                                          waters of Portsmouth Harbor,
                                          New Hampshire in the vicinity
                                          of Castle Island within the
                                          following points (NAD 83):
                                            43[deg]03'11'' N,
                                             070[deg]42'26'' W.
                                            43[deg]03'18'' N,
                                             070[deg]41'51'' W.
                                            43[deg]04'42'' N,
                                             070[deg]42'11'' W.
                                            43[deg]04'28'' N,
                                             070[deg]44'12'' W.
                                            43[deg]05'36'' N,
                                             070[deg]45'56'' W.
                                            43[deg]05'29'' N,
                                             070[deg]46'09'' W.
                                            43[deg]04'19'' N,
                                             070[deg]44'16'' W.
                                            43[deg]04'22'' N,
                                             070[deg]42'33'' W.
------------------------------------------------------------------------
6.0                                                    JUNE
------------------------------------------------------------------------
6.1 Bar Harbor Blessing of the Fleet...   Event Type: Regatta
                                          and Boat Parade.
                                          Sponsor: Town of Bar
                                          Harbor, Maine.
                                          Date: June 5, 2011.
                                          Time: 12 p.m. to 1:30
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Bar Harbor, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg]23'32'' N,
                                             068[deg]12'19'' W.
                                            44[deg]23'30'' N,
                                             068[deg]12'00'' W.
                                            44[deg]23'37'' N,
                                             068[deg]12'00'' W.
                                            44[deg]23'35'' N,
                                             068[deg]12'19'' W.
------------------------------------------------------------------------
6.2 Charlie Begin Memorial Lobster Boat   Event Type: Power Boat
 Races.                                   Race.
                                          Sponsor: Boothbay
                                          Harbor Lobster Boat Race
                                          Committee.
                                          Date: June 18, 2011.
                                          Time: 10 a.m. to 3
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Boothbay Harbor,
                                          Maine in the vicinity of
                                          within John's Island the
                                          following points (NAD 83):
                                            43[deg]50'04'' N,
                                             069[deg]38'37'' W.
                                            43[deg]50'54'' N,
                                             069[deg]38'06'' W.
                                            43[deg]50'49'' N,
                                             069[deg]37'50'' W.
                                            43[deg]50'00'' N,
                                             069[deg]38'20'' W.
------------------------------------------------------------------------
6.3 Rockland Harbor Lobster Boat Races.   Event Type: Power Boat
                                          Race.
                                          Sponsor: Rockland
                                          Harbor Lobster Boat Race
                                          Committee.
                                          Date: June 19, 2011.
                                          Time: 9 a.m. to 5 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Rockland Harbor,
                                          Maine in the vicinity of the
                                          Rockland Breakwater Light
                                          within the following points
                                          (NAD 83):
                                            44[deg]05'59'' N,
                                             069[deg]04'53'' W.
                                            44[deg]06'43'' N,
                                             069[deg]05'25'' W.
                                            44[deg]06'50'' N,
                                             069[deg]05'05'' W.
                                            44[deg]06'05'' N,
                                             069[deg]04'34'' W.
------------------------------------------------------------------------
6.4 Windjammer Days Parade of Ships....   Event Type: Tall Ship
                                          Parade.
                                          Sponsor: Boothbay
                                          Region Chamber of Commerce.
                                          Date: June 22, 2011.
                                          Time: 12 p.m. to 5
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Boothbay Harbor,
                                          Maine in the vicinity of
                                          Tumbler's Island within the
                                          following points (NAD 83):
                                            43[deg]51'02'' N,
                                             069[deg]37'33'' W.
                                            43[deg]50'47'' N,
                                             069[deg]37'31'' W.
                                            43[deg]50'23'' N,
                                             069[deg]37'57'' W.

                                            43[deg]50'01'' N,
                                             069[deg]37'45'' W.
                                            43[deg]50'01'' N,
                                             069[deg]38'31'' W.
                                            43[deg]50'25'' N,
                                             069[deg]38'25'' W.
                                            43[deg]50'49'' N,
                                             069[deg]37'45'' W.
------------------------------------------------------------------------
7.0                                                    JULY
------------------------------------------------------------------------
7.1 Moosabec Lobster Boat Races........   Event Type: Power Boat
                                          Race.
                                           Sponsor: Moosabec
                                          Boat Race Committee.
                                          Date: July 2, 2011.
                                          Time: 10 a.m. to 12:30
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Jonesport, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg]31'21'' N,
                                             067[deg]36'44'' W.
                                            44[deg]31'36'' N,
                                             067[deg]36'47'' W.
                                            44[deg]31'44'' N,
                                             067[deg]35'36'' W.
                                            44[deg]31'29'' N,
                                             067[deg]35'33'' W.
------------------------------------------------------------------------
7.2 The Great Race.....................   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Sponsor: Franklin
                                          County Chamber of Commerce.
                                          Date: July 3, 2011.
                                          Time: 10 a.m. to 12:30
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain in
                                          the vicinity of Saint Albans
                                          Bay within the following
                                          points (NAD 83):
                                            44[deg]47'18'' N,
                                             073[deg]10'27'' W.
                                            44[deg]47'10'' N,
                                             073[deg]08'51'' W.
------------------------------------------------------------------------
7.3 Searsport Lobster Boat Races.......   Event Type: Power Boat
                                          Race.
                                          Sponsor: Searsport
                                          Lobster Boat Race Committee;
                                          Date: July 9, 2011.
                                          Time: 9 a.m. to 4 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Searsport Harbor,
                                          Maine within the following
                                          points (NAD 83):
                                            44[deg]26'50'' N,
                                             068[deg]55'20'' W.
                                            44[deg]27'04'' N,
                                             068[deg]55'26'' W.
                                            44[deg]27'12'' N,
                                             068[deg]54'35'' W.
                                            44[deg]26'59'' N,
                                             068[deg]54'29'' W.
------------------------------------------------------------------------
7.4 Stonington Lobster Boat Races......   Event Type: Power Boat
                                          Race.
                                          Sponsor: Stonington
                                          Lobster Boat Race Committee.
                                          Date: July 10, 2011.
                                          Time: 8 a.m. to 3:30
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Stonington, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg]08'55'' N,
                                             068[deg]40'12'' W.
                                            44[deg]09'00'' N,
                                             068[deg]40'15'' W.
                                            44[deg]09'11'' N,
                                             068[deg]39'42'' W.
                                            44[deg]09'07'' N,
                                             068[deg]39'39'' W.
------------------------------------------------------------------------
7.5 Mayor's Cup Regatta................   Event Type: Sailboat
                                          Parade.
                                          Sponsor: Plattsburgh
                                          Sunrise Rotary.
                                          Date: July 9, 2011.
                                          Time: 10 a.m. to 4
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Cumberland Bay on
                                          Lake Champlain in the vicinity
                                          of Plattsburgh, New York
                                          within the following points
                                          (NAD 83):
                                            44[deg]39'26'' N,
                                             073[deg]26'25'' W.
                                            44[deg]41'27'' N,
                                             073[deg]23'12'' W.
------------------------------------------------------------------------
7.6 The Challenge Race.................   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Sponsor: Lake
                                          Champlain Maritime Museum.
                                          Date: July 10, 2011.
                                          Time: 11 a.m. to 3
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Lake Champlain in
                                          the vicinity of Button Bay
                                          State Park within the
                                          following points (NAD 83):
                                            44[deg]12'25'' N,
                                             073[deg]22'32'' W.
                                            44[deg]12'00'' N,
                                             073[deg]21'42'' W.
                                            44[deg]12'19'' N,
                                             073[deg]21'25'' W.
                                            44[deg]13'16'' N,
                                             073[deg]21'36'' W.
------------------------------------------------------------------------
7.7 Friendship Lobster Boat Races......   Event Type: Power Boat
                                          Race.

                                          Sponsor: Friendship
                                          Lobster Boat Race Committee.
                                          Date: July 23, 2011.
                                          Time: 9:30 a.m. to 3
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Friendship Harbor,
                                          Maine within the following
                                          points (NAD 83):
                                            43[deg]57'51'' N,
                                             069[deg]20'46'' W.
                                            43[deg]58'14''
                                             N,069[deg]19'53'' W.
                                            43[deg]58'19'' N,
                                             069[deg]20'01'' W.
                                            43[deg]58'00'' N,
                                             069[deg]20'46'' W.
------------------------------------------------------------------------
7.8 Arthur Martin Memorial Regatta.....   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Sponsor: IROW.
                                          Date: July 16, 2011.
                                          Time: 9 a.m. to 1 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of the Piscataqua
                                          River, in the vicinity of
                                          Kittery Point, Maine within
                                          the following points (NAD 83):
                                            43[deg]03'51'' N,
                                             070[deg]41'55'' W.
                                            43[deg]04'35'' N,
                                             070[deg]42'18'' W.
                                            43[deg]04'42'' N,
                                             070[deg]43'15'' W.
                                            43[deg]05'14'' N,
                                             070[deg]43'12'' W.
                                            43[deg]05'14'' N,
                                             070[deg]43'06'' W.
                                            43[deg]04'44'' N,
                                             070[deg]43'11'' W.
                                            43[deg]04'35'' N,
                                             070[deg]42'13'' W.
                                            43[deg]03'53'' N,
                                             070[deg]41'40'' W.
------------------------------------------------------------------------
7.9 Harpswell Lobster Boat Races.......   Event Type: Power Boat
                                          Race.
                                          Sponsor: Harpswell
                                          Lobster Boat Race Committee.
                                          Date: July 24, 2011.
                                          Time: 10 a.m. to 3
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Potts Harbor, Maine
                                          within the following points
                                          (NAD 83):
                                            43[deg]46'50'' N,
                                             070[deg]01'37'' W.
                                            43[deg]46'50'' N,
                                             070[deg]01'18'' W.
                                            43[deg]46'28'' N,
                                             070[deg]01'36'' W.
                                            43[deg]46'28'' N,
                                             070[deg]01'19'' W.
------------------------------------------------------------------------
8.0                                                   AUGUST
------------------------------------------------------------------------
8.1 Eggemoggin Reach Regatta...........   Event Type: Wooden
                                          Boat Parade.
                                          Sponsor: Rockport
                                          Marine, Inc. and Brookline
                                          Boat Yard.
                                          Date: August 6, 2011.
                                          Time: 11 a.m. to 7
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Eggemoggin Reach and
                                          Jericho Bay in the vicinity of
                                          Naskeag Harbor, Maine within
                                          the following points (NAD 83):
                                            44[deg]15'16'' N,
                                             068[deg]36'26'' W.
                                            44[deg]12'41'' N,
                                             068[deg]29'26'' W.
                                            44[deg]07'38'' N,
                                             068[deg]31'30'' W.
                                            44[deg]12'54'' N,
                                             068[deg]33'46'' W.
------------------------------------------------------------------------
8.2 Southport Rowgatta Rowing and         Event Type: Rowing and
 Paddling Boat Race.                      Paddling Boat Race.
                                          Sponsor: Boothbay
                                          Region YMCA.
                                          Date: August 13, 2011.
                                          Time: 8 a.m. to 3 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Sheepscot Bay and
                                          Boothbay, on the shore side of
                                          Southport Island, Maine within
                                          the following points (NAD 83):
                                            43[deg]50'26'' N,
                                             069[deg]39'10'' W.
                                            43[deg]49'10'' N,
                                             069[deg]38'35'' W.
                                            43[deg]46'53'' N,
                                             069[deg]39'06'' W.
                                            43[deg]46'50'' N,
                                             069[deg]39'32'' W.
                                            43[deg]49'07'' N,
                                             069[deg]41'43'' W.
                                            43[deg]50'19'' N,
                                             069[deg]41'14'' W.
                                            43[deg]51'11'' N,
                                             069[deg]40'06'' W.
------------------------------------------------------------------------
8.3 Winter Harbor Lobster Boat Races...   Event Type: Power Boat
                                          Race.
                                          Sponsor: Winter Harbor
                                          Chamber of Commerce.
                                          Date: August 13, 2011.
                                          Time: 9 a.m. to 3 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Winter Harbor, Maine
                                          within the following points
                                          (NAD 83):
                                            44[deg]22'06'' N,
                                             068[deg]05'13'' W.

                                            44[deg]23'06'' N,
                                             068[deg]05'08'' W.
                                            44[deg]23'04'' N,
                                             068[deg]04'37'' W.
                                            44[deg]22'05'' N,
                                             068[deg]04'44'' W.
------------------------------------------------------------------------
8.4 Lake Champlain Dragon Boat Festival   Event Type: Rowing and
                                          Paddling Boat Race.
                                          Sponsor: Dragonheart
                                          Vermont.
                                          Date: August 7, 2011.
                                          Time: 7 a.m. to 5 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Burlington Bay
                                          within the following points
                                          (NAD 83):
                                            44[deg]28'51'' N,
                                             073[deg]13'28'' W.
                                            44[deg]28'40'' N,
                                             073[deg]13'40'' W.
                                            44[deg]28'37'' N,
                                             073[deg]13'29'' W.
                                            44[deg]28'40'' N,
                                             073[deg]13'17'' W.
------------------------------------------------------------------------
8.5 Merritt Brackett Lobster Boat Races   Event Type: Power Boat
                                          Race.
                                          Sponsor: Town of
                                          Bristol, Maine.
                                          Date: August 14, 2011.
                                          Time: 10 a.m. to 3
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Pemaquid Harbor,
                                          Maine within the following
                                          points (NAD 83):
                                            43[deg]52'16'' N,
                                             069[deg]32'10'' W.
                                            43[deg]52'41'' N,
                                             069[deg]31'43'' W.
                                            43[deg]52'35'' N,
                                             069[deg]31'29'' W.
                                            43[deg]52'09'' N,
                                             069[deg]31'56'' W.
------------------------------------------------------------------------
8.6 Multiple Sclerosis Regatta.........   Event Type: Regatta
                                          and Sailboat Race.
                                          Sponsor: Maine
                                          Chapter, Multiple Sclerosis
                                          Society.
                                          Date: August 16, 2011.
                                          Time: 10 a.m. to 4
                                          p.m.
                                          Location: The
                                          regulated area for the start
                                          of the race includes all
                                          waters of Casco Bay, Maine in
                                          the vicinity of Peaks Island
                                          within the following points
                                          (NAD 83):
                                            43[deg]40'24'' N,
                                             070[deg]14'20'' W.
                                            43[deg]40'36'' N,
                                             070[deg]13'56'' W.
                                            43[deg]39'58'' N,
                                             070[deg]13'21'' W.
                                            43[deg]39'46'' N,
                                             070[deg]13'51'' W.
------------------------------------------------------------------------
8.7 Multiple Sclerosis Harborfest         Event Type: Power Boat
 Tugboat Race.                            Race.
                                          Sponsor: Maine
                                          Chapter, National Multiple
                                          Sclerosis Society.
                                          Date: August 21, 2011.
                                          Time: 10 a.m. to 3
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor,
                                          Maine in the vicinity of Maine
                                          State Pier within the
                                          following points (NAD 83):
                                            43[deg]40'25'' N,
                                             070[deg]14'21'' W.
                                            43[deg]40'36'' N,
                                             070[deg]13'56'' W.
                                            43[deg]39'58'' N,
                                             070[deg]13'21'' W.
                                            43[deg]39'47'' N,
                                             070[deg]13'51'' W.
------------------------------------------------------------------------
9.0                                                 SEPTEMBER
------------------------------------------------------------------------
9.1 Eastport Pirates Festival Lobster     Event Type: Power Boat
 Boat Races.                              Race.
                                          Sponsor: Eastport
                                          Pirates Festival.
                                          Date: September 11,
                                          2011.
                                          Time: 11 a.m. to 6
                                          p.m.
                                          Location: The
                                          regulated area includes all
                                          waters in the vicinity of
                                          Eastport Harbor, Maine within
                                          the following points (NAD 83):
                                            44[deg]54'14'' N,
                                             066[deg]58'52'' W.
                                            44[deg]54'14'' N,
                                             068[deg]58'56'' W.
                                            44[deg]54'24'' N,
                                             066[deg]58'52'' W.
                                            44[deg]54'24'' N,
                                             066[deg]58'56'' W.
------------------------------------------------------------------------

                                 Table 2
                [For events described in 33 CFR 165.171]
------------------------------------------------------------------------

------------------------------------------------------------------------
6.0                                                    JUNE
------------------------------------------------------------------------
6.1 Windjammer Days Fireworks..........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Boothbay
                                          Harbor Region Chamber of
                                          Commerce.
                                          Date: June 22, 2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of McFarland Island,
                                          Boothbay Harbor, Maine in
                                          approximate position:
                                            43[deg]50'38'' N,
                                             069[deg]37'57'' W (NAD 83).
------------------------------------------------------------------------
7.0                                                    JULY
------------------------------------------------------------------------
7.1 Burlington Independence Day           Event Type: Firework
 Fireworks.                               Display.
                                          Sponsor: City of
                                          Burlington, Vermont.
                                          Date: July 3, 2011.
                                          Time: 9 p.m. to 11
                                          p.m.
                                          Location: From a barge
                                          in the vicinity of Burlington
                                          Harbor, Burlington, Vermont in
                                          approximate position:
                                            44[deg]28'31'' N,
                                             073[deg]13'31'' W (NAD 83).
------------------------------------------------------------------------
7.2 Camden 3rd of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Camden,
                                          Rockport, Lincolnville Chamber
                                          of Commerce.
                                          Date: July 3, 2011.
                                          Time: 8 p.m. to 10
                                          p.m.
                                          Location: In the
                                          vicinity of Camden Harbor,
                                          Maine in approximate position:
                                            44[deg]12'32'' N,
                                             069[deg]02'58'' W (NAD 83).
------------------------------------------------------------------------
7.3 Bangor 4th of July Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Bangor 4th of
                                          July Fireworks.
                                          Date: July 4, 2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of the Bangor
                                          Waterfront, Bangor, Maine in
                                          approximate position:
                                            44[deg]47'27'' N,
                                             068[deg]46'31'' W (NAD 83).
------------------------------------------------------------------------
7.4 Bar Harbor 4th of July Fireworks...   Event Type: Fireworks
                                          Display.
                                          Sponsor: Bar Harbor
                                          Chamber of Commerce.
                                          Date: July 4, 2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of Bar Harbor Town
                                          Pier, Bar Harbor, Maine in
                                          approximate position:
                                            44[deg]23'31'' N, 068[deg]
                                             12'15'' W (NAD 83).
------------------------------------------------------------------------
7.5 Boothbay Harbor 4th of July           Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Town of
                                          Boothbay Harbor.
                                          Date: July 4, 2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of McFarland Island,
                                          Boothbay Harbor, Maine in
                                          approximate position:
                                            43[deg]50'38'' N, 069[deg]
                                             37'57'' W (NAD 83).
------------------------------------------------------------------------
7.6 Colchester 4th of July Fireworks...   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Colchester, Recreation
                                          Department.
                                          Date: July 4, 2011.
                                          Time: 8 p.m. to 10
                                          p.m.
                                          Location: In the
                                          vicinity of Bayside Beach and
                                          Mallets Bay in Colchester,
                                          Vermont at approximate
                                          position:
                                            44[deg]32'44'' N,
                                             073[deg]13'10'' W (NAD 83).
------------------------------------------------------------------------
7.7 Eastport 4th of July Fireworks.....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Eastport 4th
                                          of July Committee.
                                          Date: July 4, 2011.
                                          Time: 9 p.m. to 9:30
                                          p.m.
                                          Location: From the
                                          Waterfront Public Pier in
                                          Eastport, Maine at approximate
                                          position:
                                            44[deg]54'25'' N, 066[deg]
                                             58'55'' W (NAD 83).
------------------------------------------------------------------------
7.8 Hampton Beach 4th of July Fireworks   Event Type: Fireworks
                                          Display.
                                          Sponsor: Hampton Beach
                                          Village District.
                                          Date: July 4, 2011.
                                          Time: 8:30 p.m. to 11
                                          p.m.

                                          Location: In the
                                          vicinity of Hampton Beach, New
                                          Hampshire in approximate
                                          position:
                                            42[deg]54'40'' N, 070[deg]
                                             48'31'' W (NAD 83).
------------------------------------------------------------------------
7.9 Jonesport 4th of July Fireworks....   Event Type: Fireworks
                                          Display.
                                          Sponsor: Jonesport 4th
                                          of July Committee.
                                          Date: July 2, 2011.
                                          Time: 9:30 p.m. to 10
                                          p.m.
                                          Location: In the
                                          vicinity of Beals Island,
                                          Jonesport, Maine in
                                          approximate position:
                                            44[deg]31'18'' N, 067[deg]
                                             36'43'' W (NAD 83).
------------------------------------------------------------------------
7.10 Main Street Heritage Days 4th of     Event Type: Fireworks
 July Fireworks.                          Display.
                                          Sponsor: Main Street
                                          Inc.
                                          Date: July 4, 2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of Reed and Reed Boat
                                          Yard, Woolwich, Maine in
                                          approximate position:
                                            43[deg]54'56'' N,
                                             069[deg]48'16'' W (NAD 83).
------------------------------------------------------------------------
7.11 Portland Harbor 4th of July          Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Department of
                                          Parks and Recreation,
                                          Portland, Maine.
                                          Date: July 4, 2011.
                                          Time: 8:30 p.m. to
                                          10:30 p.m.
                                          Location: In the
                                          vicinity of East End Beach,
                                          Portland, Maine in approximate
                                          position:
                                            43[deg]40'16'' N,
                                             070[deg]14'44'' W (NAD 83).
------------------------------------------------------------------------
7.12 St. Albans Bay Day Fireworks......   Event Type: Fireworks
                                          Display.
                                          Sponsor: St. Albans
                                          Area Chamber of Commerce.
                                          Date: July 4, 2011.
                                          Time: 9 p.m. to 10
                                          p.m.
                                          Location: From the St.
                                          Albans Bay dock in St. Albans
                                          Bay, Vermont in the
                                          approximate position:
                                            44[deg]48'25'' N,
                                             073[deg]08'23'' W (NAD 83).
------------------------------------------------------------------------
7.13 Stonington 4th of July Fireworks..   Event Type: Fireworks
                                          Display.
                                          Sponsor: Deer Isle--
                                          Stonington Chamber of
                                          Commerce.
                                          Date: July 4, 2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of Two Bush Island,
                                          Stonington, Maine in
                                          approximate position:
                                            44[deg]08'57'' N,
                                             068[deg]39'54'' W (NAD 83).
------------------------------------------------------------------------
7.14 Urban/EPIC Triathlon..............   Event Type: Swim
                                          Event.
                                          Sponsor: Tri-Maine
                                          Productions.
                                          Date: July 9, 2011.
                                          Time: 7 a.m. to 11
                                          a.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor in
                                          the vicinity of East End Beach
                                          in Portland, Maine within the
                                          following points (NAD 83):
                                            43[deg]40'00'' N,
                                             070[deg]14'20'' W.
                                            43[deg]40'00'' N,
                                             070[deg]14'00'' W.
                                            43[deg]40'15'' N,
                                             070[deg]14'29'' W.
                                            43[deg]40'17'' N,
                                             070[deg]13'22'' W.
------------------------------------------------------------------------
7.15 Tri for a Cure Triathlon..........   Event Type: Swim
                                          Event.
                                          Sponsor: Maine Cancer
                                          Foundation.
                                          Date: July 31, 2011.
                                          Time: 8 a.m. to 1 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor,
                                          Maine in the vicinity of
                                          Spring Point Light within the
                                          following points (NAD 83):
                                         343[deg]39'01'' N,
                                          070[deg]13'32'' W.
                                            43[deg]39'07'' N,
                                             070[deg]13'29'' W.
                                            43[deg]39'06'' N,
                                             070[deg]13'41'' W.
                                            43[deg]39'01'' N,
                                             070[deg]13'36'' W.
------------------------------------------------------------------------
7.16 Richmond Days Fireworks...........   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Richmond, Maine.
                                          Date: July 30, 2011.
                                          Time: 8 p.m. to 10
                                          p.m.
                                          Location: From a barge
                                          in the vicinity of the inner
                                          harbor, Tenants Harbor, Maine
                                          in approximate position:

                                            44[deg]08'42'' N,
                                             068[deg]27'06'' W (NAD83).
------------------------------------------------------------------------
7.17 Colchester Triathlon..............   Event Type: Swim
                                          Event.
                                          Sponsor: Colchester
                                          Parks and Recreation
                                          Department.
                                          Date: July 31, 2011.
                                          Time: 7 a.m. to 11
                                          a.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Malletts Bay on Lake
                                          Champlain, Vermont within the
                                          following points (NAD 83):
                                            44[deg]32'18'' N,
                                             073[deg]12'35'' W.
                                            44[deg]32'28'' N,
                                             073[deg]12'56'' W.
                                            44[deg]32'57'' N,
                                             073[deg]12'38'' W.
------------------------------------------------------------------------
7.18 Peaks to Portland Swim............   Event Type: Swim
                                          Event.
                                          Sponsor: Cumberland
                                          County YMCA.
                                          Date: July 16, 2011.
                                          Time: 7 a.m. to 1 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Portland Harbor
                                          between Peaks Island and East
                                          End Beach in Portland, Maine
                                          within the following points
                                          (NAD 83):
                                            43[deg]39'20'' N,
                                             070[deg]11'58'' W.
                                            43[deg]39'45'' N,
                                             070[deg]13'19'' W.
                                            43[deg]40'11'' N,
                                             070[deg]14'13'' W.
                                            43[deg]40'08'' N,
                                             070[deg]14'29'' W.
                                            43[deg]40'00'' N,
                                             070[deg]14'23'' W.
                                            43[deg]39'34'' N,
                                             070[deg]13'31'' W.
                                            43[deg]39'13'' N,
                                             070[deg]11'59'' W.
------------------------------------------------------------------------
8.0                                                   AUGUST
------------------------------------------------------------------------
8.1 Sprucewold Cabbage Island Swim.....   Event Type: Swim
                                          Event.
                                          Sponsor: Sprucewold
                                          Association.
                                          Date: August 6, 2011.
                                          Time: 1 p.m. to 6 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Linekin Bay between
                                          Cabbage Island and Sprucewold
                                          Beach in Boothbay Harbor,
                                          Maine within the following
                                          points (NAD 83):
                                            43[deg]50'37'' N,
                                             069[deg]36'23'' W.
                                            43[deg]50'37'' N,
                                             069[deg]36'59'' W.
                                            43[deg]50'16'' N,
                                             069[deg]36'46'' W.
                                            43[deg]50'22'' N,
                                             069[deg]36'21'' W.
------------------------------------------------------------------------
8.2 Westerlund's Landing Party            Event Type: Fireworks
 Fireworks.                               Display.
                                          Sponsor: Portside
                                          Marina.
                                          Date: August 6, 2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of Westerlund's
                                          Landing in South Gardiner,
                                          Maine in approximate position:
                                            44[deg]10'19'' N,
                                             069[deg]45'24'' W (NAD 83).
------------------------------------------------------------------------
8.3 Y-Tri Triathlon....................   Event Type: Swim
                                          Event.
                                          Sponsor: Plattsburgh
                                          YMCA.
                                          Date: August 6, 2011.
                                          Time: 9 a.m. to 10
                                          a.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Treadwell Bay on
                                          Lake Champlain in the vicinity
                                          of Point Au Roche State Park,
                                          Plattsburgh, New York within
                                          the following points (NAD 83):
                                            44[deg]46'30'' N,
                                             073[deg]23'26'' W.
                                            44[deg]46'17'' N,
                                             073[deg]23'26'' W.
                                            44[deg]46'17'' N,
                                             073[deg]23'46'' W.
                                            44[deg]46'29'' N,
                                             073[deg]23'46'' W.
------------------------------------------------------------------------
8.4 Greater Burlington YMCA Lake Swim..   Event Type: Swim
                                          Event.
                                          Sponsor: Greater
                                          Burlington YMCA.
                                          Date: August 13, 2011.
                                          Time: 8 a.m. to 6 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters in Lake Champlain in
                                          the vicinity of North Hero
                                          Island within the following
                                          points (NAD 83):
                                            44[deg]46'55'' N,
                                             073[deg]22'14'' W.
                                            44[deg]47'08'' N,
                                             073[deg]19'05'' W.
                                            44[deg]46'48'' N,
                                             073[deg]17'13'' W.
                                            44[deg]46'10'' N,
                                             073[deg]16'39'' W.
                                            44[deg]41'08'' N,
                                             073[deg]20'58'' W.

                                         344[deg]41'36'' N,
                                          073[deg]23'01'' W.
------------------------------------------------------------------------
8.7 Rockland Breakwater Swim...........   Event Type: Swim
                                          Event.
                                          Sponsor: Pen-Bay
                                          Masters.
                                          Date: August 27, 2011.
                                          Time: 7:30 a.m. to
                                          1:30 p.m.
                                          Location: The
                                          regulated area includes all
                                          waters of Rockland Harbor,
                                          Maine in the vicinity of
                                          Jameson Point within the
                                          following points (NAD 83):
                                            44[deg]06'16'' N,
                                             069[deg]04'39'' W.
                                            44[deg]06'13'' N,
                                             069[deg]04'36'' W.
                                            44[deg]06'12'' N,
                                             069[deg]04'43'' W.
                                            44[deg]06'17'' N,
                                             069[deg]04'44'' W.
                                            44[deg]06'18'' N,
                                             069[deg]04'40'' W.
------------------------------------------------------------------------
9.0                                                 SEPTEMBER
------------------------------------------------------------------------
9.1 Windjammer Weekend Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Town of
                                          Camden, Maine.
                                          Date: September 2,
                                          2011.
                                          Time: 8 p.m. to 9:30
                                          p.m.
                                          Location: From a barge
                                          in the vicinity of Northeast
                                          Point, Camden Harbor, Maine in
                                          approximate position:
                                         344[deg]12'10'' N,
                                          069[deg]03'11'' W (NAD 83).
------------------------------------------------------------------------
9.2 The Lobsterman Triathlon...........   Event Type: Swim
                                          Event.
                                          Sponsor: Tri-Maine
                                          Productions.
                                          Date: September 10,
                                          2011.
                                          Time: 8 a.m. to 11
                                          a.m.
                                          Location: The
                                          regulated area includes all
                                          waters in the vicinity of
                                          Winslow Park in South
                                          Freeport, Maine within the
                                          following points (NAD 83):
                                            43[deg]47'59'' N,
                                             070[deg]06'56'' W.
                                            43[deg]47'44'' N,
                                             070[deg]06'56'' W.
                                            43[deg]47'44'' N,
                                             070[deg]07'27'' W.
                                            43[deg]47'57'' N,
                                             070[deg]07'27'' W.
------------------------------------------------------------------------
9.3 Burlington Triathlon...............   Event Type: Swim
                                          Event.
                                          Sponsor: Race Vermont.
                                          Date: September 11,
                                          2011.
                                          Time: 7 a.m. to 10
                                          a.m.
                                          Location: The
                                          regulated area includes all
                                          waters in the vicinity of
                                          North Beach, Burlington,
                                          Vermont within the following
                                          points (NAD 83):
                                            44[deg]29'31'' N,
                                             073[deg]14'22'' W.
                                            44[deg]29'12'' N,
                                             073[deg]14'14'' W.
                                            44[deg]29'17'' N,
                                             073[deg]14'34'' W.
------------------------------------------------------------------------
9.4 Eliot Festival Day Fireworks.......   Event Type: Fireworks
                                          Display.
                                          Sponsor: Eliot
                                          Festival Day Committee.
                                          Date: September 23,
                                          2011.
                                          Time: 8 p.m. to 10:30
                                          p.m.
                                          Location: In the
                                          vicinity of Eliot Town Boat
                                          Launch, Eliot, Maine in
                                          approximate position:
                                            43[deg]08'56'' N,
                                             070[deg]49'52'' W (NAD 83).
------------------------------------------------------------------------

    The Coast Guard may patrol each event area under the direction of a
designated Coast Guard Patrol Commander. The Patrol Commander may be
contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM.''
Official patrol vessels may consist of any Coast Guard, Coast Guard
Auxiliary, state, or local law enforcement vessels assigned or approved
by the Captain of the Port, Sector Northern New England. For
information about regulations and restrictions for waterway use during
the effective periods of these events, please refer to 33 CFR 100.120
and 33 CFR 165.171.
    This notice is issued under authority of 33 CFR 100.120, 33 CFR
165.171, and 5 U.S.C. 552 (a). In addition to this notice in the
Federal Register, the Coast Guard will provide the maritime community
with advance notification of this enforcement period via the Local
Notice to Mariners and marine information broadcasts. If the COTP
determines that the regulated area need not be enforced for the full
duration stated in this notice, he or she may use a Broadcast Notice to
Mariners to grant general permission to enter the regulated area.

Dated: May 9, 2011.
B.S. Gilda,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector Northern
New England.
[FR Doc. 2011-12847 Filed 5-24-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Rules and Regulations]
[Pages 6331-6335]
[FR Doc No: 2011-2508]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2007-1027; FRL-9251-1]

Approval and Disapproval and Promulgation of Air Quality
Implementation Plans; Colorado; Revision to Definitions; Construction
Permit Program; Regulation 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is partially approving and partially disapproving State
Implementation Plan (SIP) revisions submitted by the State of Colorado
on June 20, 2003 and April 12, 2004. This final rule will approve those
portions of the revisions to Colorado's Regulation 3 that place
restrictions on increment consumption, add innovative control
technology as an alternative to BACT requirements and make other
changes as described in more detail below. EPA will act separately on
the portions of the June 20, 2003 and April 12, 2004 submittals that
revise Regulation 3, Part A, Section II, Air Pollutant Emission Notice
(APEN) Requirements. Today's action on the Colorado Regulation 3
revisions will make federally enforceable the revised portions of
Colorado's Regulation 3 that EPA is approving. This action is being
taken under section 110 of the Clean Air Act.

DATES: Effective Date: This final rule is effective March 7, 2011.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R08-OAR-2007-1027. All documents in the docket are listed in
the http://www.regulations.gov index. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the Air
Program, Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop
Street, Denver, Colorado 80202-1129. EPA requests that if at all
possible, you contact the individual listed in the FOR FURTHER
INFORMATION CONTACT section to view the hard copy of the docket. You
may view the hard copy of the docket Monday through Friday, 8 a.m. to 4
p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Komp, Air Program, U.S.
Environmental Protection Agency, Region 8, Mail Code 8P-AR, 1595
Wynkoop Street, Denver, Colorado 80202-1129, telephone number (303)
312-6022, fax number<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean Air
Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation Plan.
    (iv) The words State or Colorado mean the State of Colorado, unless
the context indicates otherwise.
    (v) The initials APEN mean or refer to Air Pollutant Emission
Notice.
    (vi) The initials NSR mean or refer to New Source Review, the
initials RACT mean or refer to Reasonably Available Control Technology,
the initials BACT mean or refer to Best Available Control Technology
and the initials NAAQS mean or refer to National Ambient Air Quality
Standards.

Table of Contents

I. Background Information
II. Response to Comments
III. Section 110(l) of the CAA
IV. Final Action
V. Statutory and Executive Order Reviews

I. Background Information

    On June 20, 2003 and on April 12, 2004, the State of Colorado
submitted formal revisions to its SIP that changed or deleted numerous
definitions in Part A of the State's Regulation Number 3. Primarily,
these were minor changes designed to fix ambiguous language, to make
the definitions more readable or to delete obsolete or duplicative
definitions. In addition to the clarifications, formatting and
readability changes were made to the definition section and a number of
definitions were added or modified to reflect developments in federal
law. In the April 12, 2004 submittal, the only revision to Parts A and
B of Regulation 3 was a minor change to Part A, Section I.A \1\
regarding the availability of material incorporated by reference.
---------------------------------------------------------------------------

    \1\ All references in this notice to particular section numbers
are to the designated sections within Regulation 3.
---------------------------------------------------------------------------

    One modified definition was for non-road engines. In response to
the 1990 CAA Amendments, federal case law, and EPA's interpretation of
the term, Colorado modified the definition of a non-road engine. The
definition was also moved from the APEN section of Regulation 3 (Part
A, Section II) to the definition section (Part A, Section I). In
addition, Colorado took steps to keep track of these sources by
requiring a non-road engine rated at 1,200 horsepower or greater to
file a Colorado APEN. The filing of an APEN for non-road engines is
stipulated by Colorado's SIP revisions to be a State-only requirement.
    New definitions also included the definition of Pollution Control
Projects at existing electric utility steam generating units and the
use of Clean Coal Technology at these units. Colorado also revised its
definitions of actual emissions and major modification to include
special provisions governing physical or operational changes at
electric utility steam generating units. These new definitions and
revisions responded to changes in the federal regulations arising out
of the decision in the Wisconsin Electric Power Company (``WEPCO'')
case (Wisconsin Electric Power Co. v. Reilly, 893 F.2d 901 (7th Cir.
1990)). As a result of the WEPCO decision, EPA's NSR regulations were
changed in 1992 and Colorado responded to the changes by adding these
definitions to its Regulation 3.
    Revisions were also submitted involving Part B of Colorado's
Regulation 3. Part B describes the process air emission sources must go
through to obtain a required construction permit prior to commencing
operation. The State's submittals modified the exemptions from
construction permitting, modified requirements for permit applicants,
added restrictions on increment consumption, and added provisions
regarding innovative control technology.
    Colorado added language to its area classification section of Part
B, Section V stating that within certain Class II areas in the State
(for example, certain National Monuments that are not Class I areas),
sulfur dioxide concentration increases over baseline concentrations are
limited to the amount permitted in Class I areas as established under
Section 163(b) of the federal CAA. Such increases are not allowed if
the Federal Land Manager determines and the State concurs that there
would be an adverse impact on air quality from the sulfur dioxide
concentration increase.
    In Section III.D.1.c(iii), Colorado modified the exemption from
construction permitting for stationary internal combustion engines. The
State also limited to 75 percent the amount that a new major stationary
source or major modification may consume of an

applicable pollutant increment (Part B, Section VII.A.5). Sources may
ask for a waiver from the limit.

II. Response to Comments

    EPA received one letter from the State of Colorado dated December
8, 2010 that provided one comment on our November 8, 2010 Federal
Register proposed action regarding the partial approval and partial
disapproval of Colorado's SIP revisions to their Regulation 3. The
comment addresses our proposed disapproval of the portion of the
revision regarding sections IV.B.2 and IV.H.8 in Part B of Regulation
3. The revision changed the existing requirement for construction
permit applicants to submit in their application an operating and
maintenance plan and recordkeeping format (collectively, ``O&M plan'').
In its place, the revision would require the owner or operator to
submit the O&M plan before final permit approval. In this section EPA
responds to the comment made by the State.
    Comment--Colorado expressed its concern that the disapproval would
delay permit issuance, create inefficiencies, and result in increased
need for resources. Colorado stated that the final version of the O&M
plan is dependent on conditions of the issued permit and on performance
testing after the source has been authorized to construct. As a result
of the disapproval of this portion of the revision, Colorado believes
that there will be insufficient information to submit and review the
initial submission of the O&M plan, and therefore there will be
inefficient use of resources when the State reviews both the initial
and final versions of it. Colorado also expressed concern that
disapproval of the provision would result in modifications of O&M plans
having to be submitted as SIP revisions, a process that Colorado
believes would cause additional delays. As a result, the State asked
EPA to delay action on the portion of the revision regarding sections
IV.B.2.
    EPA Response--EPA notes that the State did not take issue with the
basis for our proposed disapproval. In our proposal, we stated that the
operating and maintenance plan and recordkeeping format appeared to be
information on the operation of the source that was necessary to
determine whether construction or modification of the source would
violate the applicable portions of the control strategy or interfere
with attainment or maintenance of a national standard. See 40 CFR
51.160(a), (c). Therefore, we reasoned, such information must be
submitted by the owner or operator of the source and as a result must
be subject to public comment. See 40 CFR 51.161(a). As the State
acknowledges, the proposed revision removes the existing requirement
that the information be submitted in the application and only requires
that it be submitted before final permit approval. As EPA noted in the
proposal (and the State does not dispute), this change does not ensure
that the public has 30 days to comment on both the information and the
permitting agency's analysis of the effect on air quality, as required
by 40 CFR 51.161. Furthermore, the State did not take issue with our
determination that such information was necessary under 40 CFR 51.160;
and therefore, must be subject to public comment under 40 CFR 51.161.
Thus, the State comment described above does not provide a basis for
EPA to change its proposed disapproval. In response to the State's
request that EPA delay action on the proposed revision, EPA notes that
under a consent decree entered in the U.S. District Court for the
District of Colorado, EPA must take final action on the submitted
provision by December 31, 2010. (WildEarth Guardians v. Jackson, Civ.
No. 09-2148 (D. Colo. 2009)).
    EPA appreciates the State's concern for efficient processing of
construction permits. However, requiring owners and operators to submit
the O&M plan and recordkeeping format in their application for a
construction permit is not unduly burdensome. If the application
contains sufficient other information (such as the nature of the
facility, processes, and emissions units) to enable the State to
determine whether construction or modification of the source meets the
requirements of 40 CFR 51.160(a), then the applicant is also in a
position to submit an O&M plan and recordkeeping format. Furthermore,
the State is then in a position to determine from the information in
the application the controls and other applicable requirements that
must be reflected in the final permit, and as a result modify the O&M
plan accordingly. To the extent that performance testing subsequently
requires modification of the O&M plan, the State does not need to
submit a SIP revision for such modification. O&M plan revisions would
constitute a modification of the construction permit to which the
requirements of section 110(i) of the Act would not apply.

III. Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be
approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
toward attainment of the NAAQS or any other applicable requirement of
the Act. Those portions of the revision to Colorado's Regulation 3 that
we are approving satisfy section 110(l), because those portions do not
relax existing SIP requirements. Instead, the portions of the June 20,
2003 and April 12, 2004 submittals EPA is approving increase stringency
of existing requirements, clarify existing requirements, or remove
obsolete requirements. Therefore, section 110(l) is satisfied.

IV. Final Action

    We have evaluated Colorado's June 20, 2003 and April 12, 2004
submittals regarding revisions to the State's Regulation 3, Parts A and
B. We are approving most of the revisions from the two submittals but
are disapproving certain revisions within the June 20, 2003 submittal.
Also, we are taking no action on the State-only requirements in
sections I.B.40.c. and d. for nonroad engines, as we regard these as
submitted only for informational purposes. We will take separate action
on the portion of the June 20, 2003 and April 12, 2004 submittals
regarding Regulation 3, Part A, Section II, Air Pollutant Emission
Notice (APEN) Requirements.

What EPA Is Disapproving

    The State added terms and definitions (Section I.B.69) in response
to EPA's 1992 WEPCO rule. Under the definition of ``modification''
(I.B.36), the State also added provisions related to these definitions,
including for pollution control projects (I.B.36.b (iii)(G) and
I.B.69.d). On June 24, 2005, the Court of Appeals for the DC Circuit
vacated the Pollution Control Project portion of the WEPCO rule as well
as the corresponding portion of EPA's 2002 NSR rule (State of New York
et al. v. EPA, 413 F.3d 3 (DC Cir. 2005)). Therefore, EPA is
disapproving Part A, Section I.B.36.b(iii)(G) and Section I.B.69.d in
Regulation 3.
    EPA is disapproving the new provisions in Part A, Section IV.C.
regarding emissions trading under permit caps. These new provisions
apply to both construction permits and to CAA Title V operating
permits. For operating permits, the provisions should not be
incorporated into the federally enforceable version of the Colorado
SIP. Instead, they should be submitted separately under 40 CFR 70.4(i)
as a revision of Colorado's approved operating permit program. To the
extent that these new provisions apply to Prevention of Significant
Deterioration (PSD) or nonattainment NSR for major

sources or major modifications, they are not allowed by the regulations
in 40 CFR 51.166 or 51.165. EPA provides a mechanism for establishing
permit caps through plant wide applicability limitations (PALs). The
provisions in IV.C for emissions trading under permit caps do not meet
the requirements for PALs in 40 CFR 51.165(f) and 40 CFR 51.166(w).
Therefore, EPA is disapproving the provisions for emissions trading
under permit caps set forth in Section IV.C.
    In Part A, Section V.F.5, Colorado expanded the acronym Lowest
Achievable Emission Rate (LAER) as one instance of a regulation-wide
style change that expanded many acronyms. The revision apparently
inadvertently deleted the requirement that trading transactions may not
be used inconsistently with or to circumvent requirements of LAER. EPA
is disapproving this change because emissions trading must be
consistent with other requirements of the CAA, including LAER.
    Turning to Part B of Regulation 3, in Section III.D.1.c(iii), the
State modified the requirements for stationary internal combustion
engines to be exempt from construction permitting. Previously, all such
engines were exempt if they had actual emissions of less than five tons
per year or were rated less than fifty horsepower. Under the revision,
in attainment areas such engines are exempt if they have uncontrolled
actual emissions of less than ten tons per year or are rated less than
one hundred horsepower; thus, more engines may be exempt from
construction permitting under the revision. Under section 110(l) of the
CAA, EPA cannot approve a SIP revision that would interfere with any
applicable requirement concerning attainment or reasonable further
progress, as defined in Section 171 of the CAA, or any other applicable
requirement of the CAA. The State did not provide a demonstration or
other analysis that the expansion of the exemption satisfies the
requirements of section 110(l). Exempting a potentially greater number
of stationary engines from construction permitting may result in
increased emissions of criteria pollutants such as NOx. EPA therefore
disapproves the revision to Section III.D.I.c(iii).
    Finally, for the reasons discussed in the Response to Comments, EPA
is disapproving the revision to Part B, Section IV.B.2 and Section
IV.H.8 regarding operating and maintenance plans and recordkeeping
formats.

What EPA Is Approving

    The State added language to its definition of actual emissions
(Section I.B.1.d) for electric utility steam generating units. The
State defined actual emissions by allowing the actual emissions from
the unit following a physical or operational change of the unit to
equal the actual annual emissions of the unit provided the owner or
operator can provide information from a five year period showing no
emission increase resulting from the unit's physical or operational
change. This revised definition is consistent with EPA's 1992 WEPCO
rule discussed earlier in this proposed rule. Although a term used
(``representative actual annual emissions'') is that of the WEPCO rule,
the substance of the revised definition is also consistent with current
federal regulations in 40 CFR 51.165 and 51.166, and EPA, therefore, is
approving the revised definition.
    The State also modified its definition for commenced construction
in Section I.B.13 by excluding certain construction activities from the
requirement for a permit. Planning activities, site clearing and
grading, ordering equipment and materials, storing of equipment,
constructing personnel trailers, engineering and design changes, and
geotechnical investigation do not require that a permit be issued prior
to these activities. EPA is approving this change in the definition of
commenced construction as it is consistent with EPA guidance
interpreting the equivalent term, ``begin actual construction.'' \2\ As
noted in that guidance, though, such activity, if undertaken prior to
issuance of a permit, is at the risk of the owner or operator and would
not guarantee that the permit would be forthcoming.
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    \2\ Memorandum from Edward E. Reich entitled Construction
Activities prior to Issuance of a PSD Permit with Respect to ``Begin
Actual Construction'' (March 28, 1986).
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    The revisions to Regulation 3 excluded the consideration of clean
coal technology demonstration projects as a major modification when the
projects do not result in an increase in the potential to emit of any
regulated pollutant. EPA is approving this revision since the revision
is consistent with the Federal NSR regulations described at 40 CFR
51.165 and 51.166.
    Earlier in this final rule EPA stated that we were disapproving
Pollution Control Projects as defined in Section I.B.36.b(iii)(G) and
Section I.B.69.d of Colorado's Regulation 3. However, the remainder of
the revised definitions within Part A, Section I.B.36 and Section I. B.
69 are consistent with EPA's 1992 WEPCO rule and with current federal
NSR regulations. EPA is therefore approving the definitions for clean
coal technology, electric utility steam generating unit, reactivation
of very clean coal-fired electric utility steam generating unit,
repowering, representative actual annual emissions, temporary clean
coal technology demonstration project and wet screening operations.
    Colorado revised its fee schedule in Part A, Section VI.D by
eliminating the dollar amount of the annual fee and referring the fee
applicant to provisions provided in Colorado's Revised Statutes Section
25-7-114.7. Colorado also revised the filing of claims regarding
confidential information and how the State elevates such claims (Part
A, Section VII.). EPA is approving these revisions.
    Turning to Part B of Regulation 3, EPA is approving the
construction permit review requirements regarding RACT for minor
sources in attainment/maintenance areas that were added in Part B,
Section IV.D.3.e. These requirements mirror the existing requirements
in Section IV.D.2.d for minor sources in nonattainment areas.
    As noted in Section II of this proposed rule, in Part B, Section V
of Colorado's Regulation 3, the State made the restrictions on maximum
allowable increases of sulfur dioxide concentrations over baseline
concentrations in Class I areas also applicable to certain Class II
areas, such as certain National Monuments that are not Class I areas.
This change strengthens the SIP by making the more stringent Class I
restrictions also applicable in the listed Class II areas; EPA is
therefore approving the revision.
    Increment consumption restrictions were added to Part B, Section
VII.A.5 of Colorado's Regulation 3. EPA is approving this revision as
the revision is more stringent than federal requirements regarding
increment consumption.
    Finally, the State added Part B, Section IX regarding the use of
innovative control technology. EPA is approving this revision since the
revision is consistent with the federal NSR regulations described at 40
CFR 51.166(b)(19).
    Minor changes designed to fix ambiguous language, to make the
definitions more readable or to delete obsolete or duplicative
definitions were made throughout the entirety of Parts A and B. These
changes are approved by EPA.

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act 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 Clean Air Act.
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 Clean Air Act; 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.
    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).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 5, 2011. 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. This action 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: December 29, 2010.
Carol Rushin,
Deputy Regional Administrator, Region 8.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

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

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

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(116) to read as
follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (116) On June 20, 2003, the State of Colorado submitted revisions
to Colorado's Regulation 3 Regulation, 5 CCR 1001-5, that place
restrictions on increment consumption, add innovative control
technology as an alternative to BACT requirements, and changed or
deleted numerous definitions in Part A. The State in Part B revised
construction permit review requirements regarding RACT for minor
sources in attainment/maintenance areas. The State made the
restrictions on maximum allowable increases of sulfur dioxide
concentrations over baseline concentrations in Class I areas also
applicable to certain Class II areas, such as certain National
Monuments that are not Class I areas. Increment consumption
restrictions were added to limit major stationary sources from
consuming more than 75 percent of an applicable increment. The State
added the use of innovative control technology by a source in lieu of
BACT requirements in order to encourage the use of such technology. The
revisions to both Parts and B also included minor changes designed to
fix ambiguous language, to make the definitions more readable or to
delete obsolete or duplicative definitions. On April 12, 2004, the
State of Colorado submitted a minor revision to Part A, Section I.A
regarding the availability of material incorporated by reference.
    (i) Incorporation by reference.
    (A) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES,
Part A, Concerning General Provisions Applicable to Construction
Permits and Operating Permits, effective December 2002 and April 2003
with the following exceptions:
    (1) Section I.B.36.b.(iii)(G) provisions related to Pollution
Control Projects
    (2) Section I.B.40.c.(ii) Submittal of an application for a nonroad
engine permit, State-only requirement
    (3) Section IV. C., Emissions Trading under Permit Caps
    (4) Section V.F.5, Criteria for Approval of all Transactions,
deleting the requirement that trading transactions may not be used
inconsistently with or to circumvent requirements of LAER
    (B) Regulation 3, 5 CCR 1001-5, AIR CONTAMINANT EMISSIONS NOTICES,
Part B, Concerning Construction Permits including Regulations for the
Prevention of Significant Deterioration (PSD), Area Classifications,
Part B, Section V.B., effective December 2002 with the following
exceptions:
    (1) Section III.D.1.c(iii), Exemption from Construction Permit
Requirements, Uncontrolled Emissions

    (2) Section IV.B.2, Application for a Construction Permit, and
Section IV.H.8, Application for a Final Permit, regarding operating and
maintenance plans and recordkeeping formats.

[FR Doc. 2011-2508 Filed 2-3-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 85, Number 141 (Wednesday, July 22, 2020)]
[Notices]
[Page 44333]
[FR Doc No: 2020-15790]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-89329; File No. SR-BOX-2020-16]

Self-Regulatory Organizations; BOX Exchange LLC; Notice of
Designation of Longer Period for Commission Action on a Proposed Rule
Change in Connection With the Proposed Commencement of Operations of
Boston Security Token Exchange LLC (``BSTX'') as a Facility of the
Exchange

July 16, 2020.
    On May 21, 2020, BOX Exchange LLC (the ``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change in connection with
the proposed commencement of operations of Boston Security Token
Exchange LLC as a facility of the Exchange. The proposed rule change
was published for comment in the Federal Register on June 1, 2020.\3\
The Commission has received no comment letters on the proposed rule
change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 88949 (May 26,
2020), 85 FR 33258.
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    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day after publication of the notice for this proposed rule change
is July 16, 2020.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission hereby is extending the 45-day time period for
Commission action on the proposed rule change. The Commission finds
that it is appropriate to designate a longer period within which to
take action on the proposed rule change so that it has sufficient time
to consider the proposed rule change. Accordingly, pursuant to Section
19(b)(2) of the Act,\5\ the Commission designates August 30, 2020, as
the date by which the Commission shall either approve or disapprove, or
institute proceedings to determine whether to disapprove, the proposed
rule change (File No. SR-BOX-2020-16).
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    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
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    \6\ 17 CFR 200.30-3(a)(31).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-15790 Filed 7-21-20; 8:45 am]
BILLING CODE 8011-01-P