8570 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 

inch orange retro-reflective border. The 

word ‘‘DANGER’ shall be 10 inch black 

block letters centered on the sign with 

the words ‘‘FIREWORKS’’ and ‘‘STAY 

AWAY’’ in 6 inch black block letters 

placed above and below the word 

‘‘DANGER’’ respectively on a white 

background. There will also be an onscene patrol vessel present to enforce 

the safety zone 30 minutes prior to the 

start and 30 minutes after the 

conclusion of the fireworks display. 

(c) Notice of Enforcement. These 

safety zones will be activated and thus 

subject to enforcement, under the 

following conditions: The Coast Guard 

must receive and approve a marine 

event permit for each firework display 

and then the Captain of the Port will 

cause notice of the enforcement of these 

safety zones to be made by all 

appropriate means to provide notice to 

the affected segments of the public as 

practicable, in accordance with 33 CFR 

165.7(a). The Captain of the Port will 

issue a Broadcast Notice to Mariners 

and Local Notice to Mariners notifying 

the public of activation and suspension 

of enforcement of these safety zones. 

Additionally, an on-scene Patrol 

Commander will ensure enforcement of 

this safety zone by limiting the transit 

of non-participating vessels in the 

designated areas described above. 

(d) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no vessel may enter, 

transit, moor, or anchor within this 

safety zone, except for vessels 

authorized by the Captain of the Port or 

Designated Representative. 

(e) Authorization. All vessel operators 

who desire to enter the safety zone must 

obtain permission from the Captain of 

the Port or Designated Representative by 

contacting either the on-scene patrol 

craft on VHF Ch 13 or Ch 16 or the 

Coast Guard Sector Seattle Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6002. 

(f) Enforcement Period. This rule will 

be enforced from 5:00 pm until 1:00 am 

each day a barge with a ‘‘FIREWORKS— 

DANGER—STAY AWAY’’ sign is 

located within any of the designated 

safety zone locations listed in paragraph 

(a) of this section and meets the criteria 

established in paragraph (b) of this 

section, within the following 

timeframes: 

(1) The last two weeks of December 

until the conclusion of the first weekend 

of January. 

(2) The last weekend of June until the 

conclusion of the third week in July. 

(3) The second weekend of August 

until the conclusion of the fourth week 

of August. 

(4) The first weekend of September 

until the conclusion of the third week 

of September. 

(5) The first weekend of December. 

(g) Contact Information. Questions 

about safety zones and related events 

should be addressed to COMMANDER 

(spw), U.S. COAST GUARD SECTOR, 

Attention: Waterways Management 

Division, 1519 Alaskan Way South, 

Seattle, WA 98134–1192. 

Dated: February 4, 2010. 

L.R. Tumbarello, 

Commander, U.S. Coast Guard, Captain of 

the Port, Puget Sound Acting. 

[FR Doc. 2010–3812 Filed 2–24–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Atlantic Ocean off John F. Kennedy 

Space Center, FL; Restricted Area 

AGENCY: United States Army Corps of 

Engineers, Department of Defense. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) is proposing to revise 

its regulations to establish a new 

restricted area in the Atlantic Ocean off 

the coast of the John F. Kennedy Space 

Center (KSC), Florida. The KSC is the 

main launch facility for the National 

Aeronautics and Space Administration 

(NASA) and they need to have the 

capability to secure their shoreline at 

KSC. This amendment to the existing 

regulations is necessary to enhance 

KSC’s ability to secure their shoreline to 

counter postulated threats to their 

facilities and to provide for safe launch 

operations. 

DATES: Written comments must be 

submitted on or before March 29, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0001, 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– 

2010–0001, 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. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0001. 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 Mr. 

Jon M. Griffin, U.S. Army Corps of 

Engineers, Jacksonville District, 

Regulatory Division, at 904–232–1680. 

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 is 


sroberts on DSKD5P82C1PROD with PROPOSALS
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Proposed Rules 8571 

proposing to amend the regulations in 

33 CFR part 334 by establishing a new 

restricted area in Florida offshore of the 

KSC facilities. The proposed 

amendment will allow the Director, 

KSC, to restrict passage of persons, 

watercraft, and vessels in waters 

contiguous to this facility during launch 

operations and whenever there is a 

perceived threat to the facility. 

Procedural Requirements 

a. Review Under Executive Order 

12866. The 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 

comment period, the Corps expects that 

the proposed rule will would have 

practically no economic impact on the 

public, or result in 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. Due to the 

administrative nature of this action and 

because there is no intended change in 

the use of the area, 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. An environmental 

assessment will be prepared after the 

public notice period is closed and all 

comments have been received and 

considered. 

d. Unfunded Mandates Act. This 

proposed rule does not impose an 

enforceable duty among the private 

sector and, therefore, is not a Federal 

private sector mandate and is not 

subject to the requirements of Section 

202 or 205 of the Unfunded Mandates 

Reform Act (Pub. L. 104–4, 109 Stat. 48, 

2 U.S.C. 1501 et seq.). We have also 

found under Section 203 of the Act that 

small governments will not be 

significantly or uniquely affected by this 

rule. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

For the reasons set out 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 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 § 334.525 to read as follows: 

§ 334.525 Atlantic Ocean off John F. 

Kennedy Space Center, FL; Restricted Area. 

(a) The area. The restricted area shall 

encompass all navigable waters of the 

United States, as defined at 33 CFR part 

329, contiguous to the area offshore of 

the John F. Kennedy Space Center 

(KSC), Florida. The area is bounded by 

a line connecting the following 

coordinates: Commencing from the 

shoreline at the southwest portion of the 

area, at latitude 28°35.008′ N, longitude 

80°34.448′ W, thence directly to latitude 

28°35.716′ N, longitude 80°32.938′ W, 

thence following the mean high water 

line northerly at a distance of 1.5 

nautical miles to a point at latitude 

28°43.566′ N longitude 80°39.094′ W, 

thence proceeding westerly to terminate 

at a point on the shoreline at latitude 

28°43.566′ N, longitude 80°41.189′ W. 

(b) The regulation. (1) The area 

described in paragraph (a) of this 

section will be closed when it is deemed 

necessary by the Director, KSC or his/ 

her designee during launch operations 

or to address any perceived threat to the 

facilities. With the exception of local, 

State, and federal law enforcement 

entities, all persons, vessels, and other 

craft are prohibited from entering, 

transiting, anchoring, or drifting within 

the restricted area when it is closed, 

unless they have the permission of the 

Director, KSC or his/her designee. 

(2) Due to the nature of this restricted 

area, closures may occur with little 

advance notice. Closure of the area shall 

be noticed by warning statements 

displayed on the electronic marquee 

signs located at the gates of the KSC and 

on an electronic marquee sign located 

on the north side of the Port Canaveral 

ship channel between the Trident and 

Poseidon wharfs during the duration of 

the closure. If time permits, additional 

information will be published in area 

newspapers and announced on marine 

radio broadcast. 

(c) Enforcement. The regulations in 

this section shall be enforced by the 

Director, KSC and/or such persons or 

agencies as he/she may designate. 

Dated: February 19, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–3848 Filed 2–24–10; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2009–0705; A–1–FRL– 

9118–4] 

Approval and Promulgation of Air 

Quality Implementation Plans; Rhode 

Island; Determination of Attainment of 

the 1997 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing to 

determine that the Providence (All of 

Rhode Island) moderate 1997 8-hour 

ozone nonattainment area has attained 

the 1997 8-hour National Ambient Air 

Quality Standard (NAAQS) for ozone. 

This determination is based upon 

complete, quality-assured, certified 

ambient air monitoring data that shows 

the area has monitored attainment of the 

8-hour ozone NAAQS for the 2006–2008 

monitoring period. In addition, 

preliminary ozone data for 2009 show 

the area continues to attain the 1997 

8-hour ozone NAAQS. If this proposed 

determination is made final, under the 

provisions of EPA’s ozone 

implementation rule, the requirements 

for this area to submit an attainment 

demonstration, a reasonable further 

progress plan, contingency measures, 

and other planning State 

Implementation Plans related to 

attainment of the 1997 8-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. 

DATES: Written comments must be 

received on or before March 29, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2009–0705 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2009–0705,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100 (mail code: OEP05–2), Boston, 

MA 02109–3912. 


sroberts on DSKD5P82C1PROD with PROPOSALS