69034 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 

(ii) Middle zone. Beginning at the 

intersection of the Harry W. Nice Bridge 

with the Virginia shore; thence to Light 

33; thence to latitude 38°19′06′′, 

longitude 76°57′06′′, a point that is 

about 3,300 yards east-southeast of Light 

30; thence to Line of Fire Buoy O, about 

1,150 yards southwest of Swan Point; 

thence to Line of Fire Buoy M, about 

1,700 yards south of Potomac View; 

thence to Line of Fire Buoy K, about 

1,400 yards southwest of the lower end 

of Cobb Island; thence to Buoy 14, 

abreast of St. Clements Island, thence 

southwest to a point near the northeast 

shore of Hollis Marsh at latitude 

38°10′00′′, longitude 76°45′22.4′′; thence 

northwest to Line of Fire Buoy J, about 

3,000 yards off Popes Creek, Virginia; 

thence to Line of Fire Buoy L, about 

3,600 yards off Church Point; thence to 

Line of Fire Buoy N, about 900 yards off 

Colonial Beach; thence to Line of Fire 

Buoy P, about 1,000 yards off Bluff 

Point; thence northwest to latitude 

38°17′54′′, longitude 77°01′02′′, a point 

of the Virginia shore on property of 

Naval Support Facility, Dahlgren, a 

distance of about 4,080 yards; thence 

north along the Potomac shore of Naval 

Surface Warfare Center, Dahlgren to 

Baber Point; and thence west along the 

Upper Machodoc Creek shore of Naval 

Surface Warfare Center, Dahlgren to 

Howland Point at latitude 38°19′0.5′′, 

longitude 77°03′23′′; thence northeast to 

latitude 38°19′18′′, longitude 77°02′29′′, 

a point on the Naval Surface Warfare 

Center, Dahlgren shore about 350 yards 

southeast of the base of the Navy 

recreational pier. Hazardous operations 

are normally conducted in this zone 

daily except Saturdays, Sundays, and 

national holidays. 

(iii) Upper zone. Beginning at Mathias 

Point, Va.; thence north to Light 5; 

thence north-northeast to Light 6; 

thence east-southeast to Lighted Buoy 2, 

thence east-southeast to a point on the 

Maryland shore at approximately 

latitude 38°23′35.5′′, longitude 

76°59′15.5′′; thence south along the 

Maryland shore to, and then along, a 

line passing through Light 1 to the 

Virginia shore, parallel to the Harry W. 

Nice Bridge; thence north with the 

Virginia shore to the point of beginning. 

Hazardous operations are conducted in 

this zone at infrequent intervals. 

(2) The regulations. (i) Hazardous 

operations normally take place between 

the hours of 8 a.m. and 5 p.m. daily 

except Saturdays, Sundays and national 

holidays, with infrequent night firing 

between 5 p.m. and 10:30 p.m. During 

a national emergency, hazardous 

operations will take place between the 

hours of 6 a.m. and 10:30 p.m. daily, 

except Sundays. Hazardous operations 

may involve firing large or small caliber 

guns and projectiles, aerial bombing, 

use of directed energy, and operating 

manned or unmanned watercraft. 

(ii) When hazardous operations are in 

progress, no person, or fishing or 

oystering vessels shall operate within 

the danger zone affected unless so 

authorized by Naval Surface Warfare 

Center, Dahlgren’s patrol boats. 

Oystering and fishing boats or other 

craft may cross the river in the danger 

zone only after they have reported to the 

patrol boat and received instructions as 

to when and where to cross. Deep-draft 

vessels using dredged channels and 

propelled by mechanical power at a 

speed greater than five miles per hour 

may proceed directly through the 

danger zones without restriction except 

when notified to the contrary by the 

patrol boat. Unless instructed to the 

contrary by the patrol boat, small craft 

navigating up or down the Potomac 

River during hazardous operations shall 

proceed outside of the northeastern 

boundary of the Middle Danger Zone. 

All craft desiring to enter the Middle 

Danger Zone when proceeding in or out 

of Upper Machodoc Creek during 

hazardous operations will be instructed 

by the patrol boat; for those craft that 

desire to proceed in or out of Upper 

Machodoc Creek on a course between 

the western shore of the Potomac River 

and a line from the Main Dock of Naval 

Surface Warfare Center, Dahlgren to 

Line of Fire Buoy P, clearance will be 

granted to proceed upon request 

directed to the patrol boat. 

(iii) Due to hazards of unexploded 

ordnance, no person or craft in the 

Middle Danger Zone shall approach 

closer than 100 yards to the shoreline of 

Naval Surface Warfare Center, Dahlgren. 

(3) Enforcement. The regulations in 

this section shall be enforced by the 

Commander, Naval Surface Warfare 

Center, Dahlgren and such agencies as 

he/she may designate. Patrol boats, in 

the execution of their mission assigned 

herein, shall display a square red flag 

during daylight hours for purposes of 

identification; at night time, a 32 point 

red light shall be displayed at the mast 

head. Range Control at Naval Surface 

Warfare Center, Dahlgren can be 

contacted by Marine VHF radio 

(Channel 16) or by telephone at (540) 

653–8791. 

(4) Exceptions. Nothing in this 

regulation shall be intended to prevent 

commercial fishing or the lawful use of 

approved waterfowl hunting blinds 

along the shorelines of Naval Surface 

Warfare Center, Dahlgren, provided that 

all necessary licenses and permits have 

been obtained from the Maryland 

Department of Natural Resources, the 

Virginia Department of Game and 

Inland Fisheries, or the Potomac River 

Fisheries Commission. Waterfowl 

hunters shall provide a completed copy 

of their blind permit to the Natural 

Resources Manager at Naval Surface 

Warfare Center, Dahlgren. Commercial 

fishermen and waterfowl hunters must 

observe all warnings and range 

clearances, as noted herein. 

* * * * * 

Dated: November 3, 2010. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2010–28385 Filed 11–9–10; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

United States Navy Restricted Area, 

Menominee River, Marinette Marine 

Corporation Shipyard, Marinette, WI 

AGENCY: United States Army Corps of 

Engineers, DoD. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Corps of Engineers is 

proposing to amend its regulations to 

establish a restricted area in the 

Menominee River, at the Marinette 

Marine Corporation Shipyard, 

Marinette, Wisconsin, to provide 

adequate protection during the 

construction and launching of Littoral 

Combat Ships. The regulations are 

necessary to provide adequate 

protection of U.S. Navy combatant 

vessels, its materials, equipment to be 

installed therein, and crew, while 

located at the property of Marinette 

Marine Corporation. 

DATES: Written comments must be 

submitted on or before December 10, 

2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0041, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: david.b.olson@usace. 

army.mil. Include the docket number, 

COE–2010–0041, in the subject line of 

the message. 

Mail: U.S. Army Corps of Engineers, 

ATTN: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 


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Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 69035 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0041. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://www.regulations.gov, including 

any personal information provided, 

unless the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, we recommend that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at (202) 761–4922, or 

Ms. Linda M. Kurtz, Corps of Engineers, 

St. Paul District, Regulatory Branch, at 

(920) 448–2824. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities in Section 7 of the 

Rivers and Harbors Act of 1917 (40 Stat. 

266; 33 U.S.C. 1) and Chapter XIX of the 

Army Appropriations Act of 1919 (40 

Stat. 892; 33 U.S.C. 3), the Corps 

proposes to amend its restricted area 

regulations at 33 CFR part 334 by 

adding § 334.815 to establish a restricted 

area in the Menominee River, at the 

Marinette Marine Corporation Shipyard, 

Marinette, Wisconsin, to provide 

adequate protection for the construction 

and launching of Littoral Combat Ships. 

By correspondence dated July 27, 2006, 

Marinette Marine Corporation, on behalf 

of the Department of the Navy, has 

requested the Corps of Engineers to 

establish this restricted area. 

Procedural Requirements 

a. Review Under Executive Order 12866 

This proposed rule is issued with 

respect to a military function of the 

Defense Department and the provisions 

of Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act 

The proposed rule has been reviewed 

under the Regulatory Flexibility Act 

(Pub. L. 96–354) which requires the 

preparation of a regulatory flexibility 

analysis for any regulation that will 

have a significant economic impact on 

a substantial number of small entities 

(i.e., small businesses and small 

governments). Unless information is 

obtained to the contrary during the 

public notice comment period, the 

Corps expects that the economic impact 

of this restricted area would have 

practically no impact on the public, no 

anticipated navigational hazard or 

interference with existing waterway 

traffic. This proposed rule if adopted, 

will have no significant economic 

impact on small entities. 

c. Review Under the National 

Environmental Policy Act 

A preliminary draft environmental 

assessment has been prepared for this 

action. Due to the administrative nature 

of this action and because the intended 

change will only impact waters a 

distance of 100-feet from Marinette 

Marine Corporation’s pier (an area of 

approximately 2.81 acres), the Corps 

expects that this regulation, if adopted, 

will not have a significant impact to the 

quality of the human environment and, 

therefore, preparation of an 

environmental impact statement will 

not be required. The environmental 

assessment will be finalized after the 

public notice period is closed and all 

comments have been received and 

considered. It may be reviewed at the 

District office listed at the end of the 

FOR FURTHER INFORMATION CONTACT, 

above. 

d. Unfunded Mandates Act 

This proposed rule does not impose 

an enforceable duty among the private 

sector and, therefore, it is not a Federal 

private section mandate and it is not 

subject to the requirements of either 

section 202 or Section 205 of the 

Unfunded Mandates Act. We have also 

found under Section 203 of the Act, that 

small governments will not be 

significantly and uniquely affected by 

this rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons stated in the 

preamble, the Corps proposes to amend 

33 CFR part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

2. Add § 334.815 to read as follows: 

§ 334.815 Menominee River, at the 

Marinette Marine Corporation Shipyard, 

Marinette, Wisconsin; naval restricted area. 

(a) The area. The waters 100-feet from 

Marinette Marine Corporation’s pier 

defined by a rectangular shaped area on 

the south side of the river beginning on 

shore at the eastern property line of 

Marinette Marine Corporation at 

latitude 45°5′58.8′′ N, longitude 

087°36′56.0′′ W; thence northerly to 

latitude 45°5′59.7′′ N, longitude 

087°36′55.6′′ W; thence westerly to 

latitude 45°6′3.2′′ N, longitude 

087°37′9.6′′ W; thence southerly to 

latitude 45°6′2.2′′ N, longitude 

087°37′10.0′′ W; thence easterly along 

the Marinette Marine Corporation pier 

to the point of origin. The restricted area 

will be marked by a lighted and signed 

floating boat barrier. 

(b) The regulation. All persons, 

swimmers, vessels and other craft, 

except those vessels under the 

supervision or contract to local military 

or Naval authority, vessels of the United 

States Coast Guard, and local or state 

law enforcement vessels, are prohibited 

from entering the restricted area when 

marked by signed floating boat barrier 

without permission from the United 

States Navy, Supervisor of Shipbuilding 

Gulf Coast or his/her authorized 

representative. 

(c) Enforcement. The regulation in 

this section shall be enforced by the 

United States Navy, Supervisor of 

Shipbuilding Gulf Coast and/or such 


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69036 Federal Register / Vol. 75, No. 217 / Wednesday, November 10, 2010 / Proposed Rules 

agencies or persons as he/she may 

designate. 

Dated: November 3, 2010. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2010–28386 Filed 11–9–10; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 58 

[EPA–HQ–OAR–2008–0338; FRL–9223–6] 

Notice of Data Availability Regarding 

Potential Changes to Required Ozone 

Monitoring Seasons for Colorado, 

Kansas, and Utah 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of Data Availability 

(NODA). 

SUMMARY: The EPA is providing notice 

that it is supplementing the record to 

the Proposed Rule—Ambient Ozone 

Monitoring Regulations: Revisions to 

Network Design Requirements, 

published July 16, 2009. The EPA has 

placed in the docket for the Proposed 

Rule—Ambient Ozone Monitoring 

Regulations: Revisions to Network 

Design Requirements (Docket ID No. 

EPA–HQ–OAR–2008–0338) additional 

ambient ozone monitoring data for the 

period January 1, 2007, through April 

30, 2010, for the states of Colorado, 

Kansas, and Utah that cover time 

periods outside of the current required 

ozone monitoring seasons. The data for 

these states consist of daily maximum 

8-hour ozone concentrations. These data 

have become available since original 

analyses were completed for the 

proposal, which relied on ambient data 

covering the period 2004–2006. EPA is 

specifically considering how these more 

recent data could impact changes to the 

current and proposed required ozone 

monitoring seasons for Colorado, 

Kansas, and Utah. 

DATES: Comments must be received on 

or before December 10, 2010. Please 

refer to SUPPLEMENTARY INFORMATION for 

additional information on submitting 

comments. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2008–0338, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. Attention Docket ID No. 

EPA–HQ–OAR–2008–0338. 

• Fax: (202) 566–1741. 

• Mail: EPA Docket Center, EPA West 

(Air Docket), Attention Docket ID No. 

EPA–HQ–OAR–2008–0338, U.S. 

Environmental Protection Agency, 

Mailcode: 2822T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Please include 2 copies. 

• Hand Delivery: U.S. Environmental 

Protection Agency, EPA West (Air 

Docket), 1301 Constitution Avenue, 

NW., Room 3334, Washington, DC 

20004, Attention Docket ID No. EPA– 

HQ–OAR–2008–0338. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2008– 

0338. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://www.

regulations.gov, including any personal 

information provided, unless the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI or otherwise 

protected through http://www.

regulations.gov or e-mail. The http://

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http://

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http://www.

epa.gov/epahome/dockets.htm. 

Docket: 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 and Radiation Docket and 

Information Center, EPA/DC, EPA East 

Building Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding the additional 

ambient ozone data, contact Lewis 

Weinstock, Air Quality Assessment 

Division/Ambient Air Monitoring Group 

(C304–06), Research Triangle Park, NC 

27711; telephone number: 919–541– 

3661; fax number: 919–541–1903; e-mail 

address: weinstock.lewis@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Outline 

1. What is the purpose for this action? 

2. What information is EPA making available 

for review and comment? 

3. How does this information relate to the 

Proposed Rule—Ambient Ozone 

Monitoring Regulations: Revisions to 

Network Design Requirements? 

4. Where can I get this information? 

5. What issue is EPA taking comment on? 

6. What should I consider as I prepare my 

comments for EPA? 

7. Submitting Confidential Business 

Information (CBI) 

1. What is the purpose for this action? 

This NODA provides for public 

review and comment on ambient ozone 

monitoring data for the period January 

1, 2007, through April 30, 2010, for the 

states of Colorado, Kansas, and Utah. 

2. What information is EPA making 

available for review and comment? 

EPA is making available for review 

and comment ozone monitoring data for 

the states of Colorado, Kansas, and Utah 

that were obtained during the months 

outside of the current ozone monitoring 

seasons required by 40 CFR part 58, 

Appendix D, Table D–3. The data 

include a listing of days when ozone 

concentrations reached an 8-hour 

average level of at least 0.060 parts per 

million (ppm) during the following 

months: Colorado (January, February, 

October, November, December); Kansas 

(January, February, March, November, 

December); and Utah (January, 

February, March, April, October, 

November, December). These data were 

obtained from EPA’s Air Quality System 

(AQS) and represent data from monitors 


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