Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 22035 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves the establishment of a safety 

zone. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

■ 2. Add § 165.T09–0263 to read as 

follows: 

§ 165.T09–0263 Safety zone; Red River 

Safety Zone, Red River, MN. 

(a) Location. The following area is a 

temporary safety zone: all navigable 

waters of the Red River in the State of 

Minnesota north of a line drawn across 

latitude 46°20’00’’ N, including those 

portions of the river in Wilkin, Clay, 

Norman, Polk, Marshall and Kittson 

counties, to the United States—Canada 

international border. 

(b) Effective period. This rule is 

effective from 5 p.m. on April 7, 2011 

until 5 p.m. on July 15, 2011. If the river 

conditions change such that 

enforcement of the Safety Zone is 

unnecessary prior to 5 p.m. on July 15, 

2011, the Captain of the Port Duluth 

will notify the public via a Broadcast 

Notice to Mariners. 

(c) Regulations. 

(1) In accordance with the general 

regulations in § 165.23 of this part, entry 

into, transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the Captain of the Port 

Duluth, or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Duluth or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Duluth is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Duluth to act 

on his behalf. The on-scene 

representative of the Captain of the Port 

Duluth will be aboard either a Coast 

Guard or Coast Guard Auxiliary vessel. 

The Captain of the Port Duluth or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Duluth 

or his on-scene representative to obtain 

permission to do so. Vessel operators 

given permission to enter or operate in 

the safety zone must comply with all 

directions given to them by the Captain 

of the Port Duluth or his on-scene 

representative. 

Dated: April 7, 2011. 

K.R. Bryan, 

Commander, U.S. Coast Guard, Captain of 

the Port Duluth. 

[FR Doc. 2011–9582 Filed 4–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0189] 

RIN 1625–AA00 

Safety Zone; Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier Southeast Safety Zone in 

Chicago Harbor during various periods 

from May 28, 2011 until June 29, 2011. 

This action is necessary and intended to 

ensure safety of life on the navigable 

waters of the United States immediately 

prior to, during, and immediately after 

various fireworks events. Enforcement 

of this safety zone will establish 

restrictions upon, and control 

movement of, vessels in a specified area 

immediately prior to, during, and 

immediately after various fireworks 

events. During the enforcement period, 

no person or vessel may enter the safety 

zone without permission of the Captain 

of the Port, Sector Lake Michigan. 

DATES: The regulations in 33 CFR 

165.931 will be effective from 10 p.m. 

on May 28, 2011 to 10:30 p.m. on June 

29, 2011. 


jlentini on DSKJ8SOYB1PROD with RULES
22036 Federal Register / Vol. 76, No. 76 / Wednesday, April 20, 2011 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email BM1 Adam Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at 414–747– 

7154, e-mail Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the Safety Zone; 

Chicago Harbor, Navy Pier Southeast, 

Chicago, IL listed in 33 CFR 165.931 for 

the following events: 

Navy Pier Fireworks; on May 28, 2011 from 

10 p.m. through 10:30 p.m.; on June 1, 2011 

from 9:15 p.m. through 9:45 p.m.; on June 4, 

2011 from 10 p.m. through 10:30 p.m.; on 

June 8, 2011 from 9:15 p.m. through 9:45 

p.m.; on June 11, 2011 from 10 p.m. through 

10:30 p.m.; on June 15, 2011 from 9:15 p.m. 

through 9:45 p.m.; on June 18, 2011 from 10 

p.m. through 10:30 p.m.; on June 22, 2011 

from 9:15 p.m. through 9:45 p.m.; on June 25, 

2011 from 10 p.m. through 10:30 p.m.; and 

on June 29, 2011 from 9:15 p.m. through 9:45 

p.m. 

All vessels must obtain permission 

from the Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative to enter, move within or 

exit the safety zone. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. While within a 

safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.931 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 these enforcement 

periods via broadcast Notice to Mariners 

or Local Notice to Mariners. The 

Captain of the Port, Sector Lake 

Michigan, will issue a Broadcast Notice 

to Mariners notifying the public when 

enforcement of the safety zone 

established by this section is suspended. 

If the Captain of the Port, Sector Lake 

Michigan, determines that the safety 

zone 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 

safety zone. The Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative may be contacted 

via VHF Channel 16. 

Dated: April 7, 2011. 

S.R. Schenk, 

Commander, U.S. Coast Guard, Captain of 

the Port, Lake Michigan, Acting. 

[FR Doc. 2011–9531 Filed 4–19–11; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2007–1036; FRL–9297–1] 

Approval and Promulgation of State 

Implementation Plans; State of 

Colorado; Interstate Transport of 

Pollution Revisions for the 1997 8-Hour 

Ozone and 1997 PM2.5 NAAQS: 

‘‘Interference With Visibility’’ 

Requirement 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is partially approving the 

Colorado Interstate Transport State 

Implementation Plan (SIP) revision, 

submitted on March 31, 2010, 

addressing the requirements of Clean 

Air Act (CAA) section 110(a)(2)(D)(i)(II) 

for the 1997 ozone National Ambient 

Air Quality Standards (NAAQS), and 

the requirements of CAA section 

110(a)(2)(D)(i)(I) and (II) for the 1997 

PM2.5 NAAQS. Specifically, in this 

Federal Register action EPA is fully 

approving those portions of the 

Colorado March 31, 2010 submission 

that address the section 

110(a)(2)(D)(i)(II) requirement 

prohibiting a state’s emissions from 

interfering with any other state’s 

required measures to protect visibility 

for the 1997 ozone and PM2.5 NAAQS. 

This action is being taken under section 

110 of the CAA. 

DATES: Effective Date: This final rule is 

effective May 20, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2007–1036. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

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: 

Laurel Dygowski, Air Program, U.S. 

Environmental Protection Agency, 

Region 8, Mailcode 8P–AR, 1595 

Wynkoop, Denver, Colorado 80202– 

1129, (303) 312–6144, 

dygowski.laurel@epa.gov. 

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 Colorado and State 

mean the State of Colorado. 

Table of Contents 

I. Background Information 

II. Final Action 

III. Statutory and Executive Orders Review 

I. Background Information 

On July 18, 1997, EPA promulgated 

new NAAQS for 8-hour ozone and for 

fine particulate matter (PM2.5). This 

action is being taken in response to the 

promulgation of the 1997 8-hour ozone 

and PM2.5 NAAQS. Section 110(a)(1) of 

the CAA requires states to submit SIPs 

to address a new or revised NAAQS 

within 3 years after promulgation of 

such standards, or within such shorter 

period as EPA may prescribe. Section 

110(a)(2) lists the elements that such 

new SIPs must address, as applicable, 

including section 110(a)(2)(D)(i), which 

pertains to interstate transport of certain 

emissions. 

Section 110(a)(2)(D)(i) of the CAA 

requires that a SIP must contain 

adequate provisions prohibiting any 

source or other type of emissions 

activity within the state from emitting 

any air pollutant in amounts which will: 

(1) Contribute significantly to 

nonattainment of the NAAQS in any 

other state; (2) interfere with 

maintenance of the NAAQS by any 

other state; (3) interfere with any other 

state’s required measures to prevent 

significant deterioration of air quality; 

or (4) interfere with any other state’s 

required measures to protect visibility. 

On June 11, 2008, the State of 

Colorado submitted to EPA an Interstate 

Transport SIP addressing all four 

elements of the interstate transport 

requirements of CAA section 

110(a)(2)(D)(i) for the 1997 ozone and 


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