30024 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 

days (Monday through Friday) per 

month during the months of February 

through November between the hours of 

4 p.m. to 11 p.m. The block training 

dates will be scheduled two weeks in 

advance of the actual training start date. 

Marine Corps Air Station Cherry Point 

will have a call-in number for public 

use to provide information on the 

current use of the training area. The 

Notification to Mariners System will 

also be utilized to inform the public on 

the status of the training area. No vessel 

or person shall enter the area during the 

scheduled block training session except 

for such vessels as may be directed by 

the enforcing agency to enter on 

assigned duties. The area will be 

patrolled and vessels ‘‘buzzed’’ by the 

patrol plane prior to the conduct of 

operations in the area. Vessels or 

personnel which have inadvertently 

entered the danger zone shall leave the 

area immediately upon being so warned. 

* * * * * 

Dated: May 17, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory Directorate 

of Civil Works. 

[FR Doc. 2011–12815 Filed 5–23–11; 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: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Final rule. 

SUMMARY: The U.S. Army Corps of 

Engineers is amending its regulations to 

establish a restricted area in the waters 

of the Menominee River at the Marinette 

Marine Corporation Shipyard in 

Marinette, Wisconsin. The restricted 

area is necessary to provide adequate 

protection of U.S. Navy combat vessels, 

their materials, equipment to be 

installed therein, and crew, while 

located at the property of Marinette 

Marine Corporation. 

DATES: Effective date: June 23, 2011. 

ADDRESSES: Headquarters, U.S. Army 

Corps of Engineers, Operations and 

Regulatory Community of Practice, 441 

G Street, NW., Washington, DC 20314– 

1000. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or by 

e-mail at david.b.olson@usace.army.mil 

or Mr. Todd Vesperman, U.S. Army 

Corps of Engineers, St. Paul District, 

Regulatory Branch, at 202–761–4614 or 

by e-mail at 

todd.m.vesperman@usace.army.mil. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its authorities under Section 7 of the 

Rivers and Harbors Act of 1917 (40 State 

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 

amending restricted area regulations at 

33 CFR part 334 by adding § 334.815 to 

establish a restricted area in the waters 

of the Menominee River at the Marinette 

Marine Corporation Shipyard in 

Marinette, Wisconsin. Marinette Marine 

Corporation, as shipbuilder of Littoral 

Combat Ships, has requested on behalf 

of the Department of Navy, that the 

restricted area be established to provide 

adequate protection of U.S. Navy 

combat vessels, their materials, 

equipment to be installed therein, and 

crew, while located at the property of 

Marinette Marine Corporation. 

The proposed rule was published in 

the November 10, 2010, edition of the 

Federal Register (75 FR 69034) with the 

docket number COE–2010–0041. No 

comments were received. On November 

12, 2010, the Corps St. Paul District 

issued a local public notice soliciting 

comments on the proposed rule from all 

known interested parties and no 

comments were received. After the 

proposed rule was published to solicit 

comments, the Department of the Navy 

requested that the rule text be changed 

so that the restricted area could be 

marked with a signed floating buoy line 

instead of a signed floating barrier. That 

change has been made to the final rule. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This rule is issued with respect 

to a military function of the Department 

of Defense and the provisions of 

Executive Order 12866 do not apply. 

b. Regulatory Flexibility Act, as 

Amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 601 et seq. This 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). The Corps determined 

that the establishment of the new 

restricted area would not have a 

significant economic impact on a 

substantial number of small entities. 

c. Review Under the National 

Environmental Policy Act. An 

environmental assessment (EA) has 

been prepared. We have concluded that 

the establishment of the restricted area 

will not have a significant impact to the 

quality of the human environment and, 

therefore, preparation of an 

environmental impact statement is not 

required. The final EA and Finding of 

No Significant Impact may be reviewed 

at the District Office listed at the end of 

the FOR FURTHER INFORMATION CONTACT

section, above. 

d. Unfunded Mandates Reform Act. 

This 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, Marine safety, 

Navigation (water), Restricted areas, 

Waterways. 

For the reasons stated in the 

preamble, the Corps is amending 33 

CFR Part 334 to read 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 buoy line. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 30025 

(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 a signed floating buoy line 

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 

agencies or persons as he/she may 

designate. 

Dated: May 17, 2011. 

Michael G. Ensch, 

Chief, Operations and Regulatory, Directorate 

of Civil Works. 

[FR Doc. 2011–12816 Filed 5–23–11; 8:45 am] 

BILLING CODE 3720–58–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2011–0355; FRL–9303–9] 

Revisions to the California State 

Implementation Plan, Placer County 

Air Pollution Control District and 

Ventura County Air Pollution Control 

District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the Placer 

County Air Pollution Control District 

(PCAPCD) and Ventura County Air 

Pollution Control District (VCAPCD) 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from 

surface coating of metal parts and 

products. We are approving local rules 

that regulate these emission sources 

under the Clean Air Act as amended in 

1990 (CAA or the Act). 

DATES: This rule is effective on July 25, 

2011 without further notice, unless EPA 

receives adverse comments by June 23, 

2011. If we receive such comments, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that this direct final rule will not take 

effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2011–0355, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments 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 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

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

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Adrianne Borgia, EPA Region IX, (415) 

972–3576, borgia.adrianne@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA Recommendations To Further 

Improve the Rules 

D. Public Comment and Final Action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agencies and 

submitted by the California Air 

Resources Board (CARB). 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1