23592 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 

■ 2. Add § 165.T09–0290 to read as 

follows: 

§ 165.T09–0290 Safety Zones; Blasting 

Operations and Movement of Explosives, 

St. Marys River, Sault Sainte Marie, MI. 

(a) Location. The following areas are 

safety zones: 

(1) All U.S. navigable waters 

downstream of the Sabin and Davis 

Locks, Sault Sainte Marie, Michigan, 

with east and west boundaries starting 

approximately 250 feet due east of the 

center of the Sabin Lock downstream 

gate, to approximately 1,750 feet due 

east of the center of the Davis Lock 

downstream gate. The zone is further 

bound by the southern pier face of the 

Northeast Pier, and the northern pier 

face of the East Center Pier. This zone 

also includes a portion of the Army 

Corps of Engineers hydroelectric power 

plant effluence, and waters surrounding 

the eastern tip of the Northeast Pier. 

This portion of the zone extends west 

approximately 1,100 feet from the tip of 

the Northeast Pier, and out to the north, 

approximately 150 feet. The zone is 

bound by the following coordinates: 

46°30′22.50′′ N/084°20′40.81′′ W; 

46°30′22.50′′ N/084°20′29.35′′ W; 

46°30′20.16′′ N/084°20′25.29′′ W; 

46°30′18.81′′ N/084°20′25.29′′ W; 

46°30′′18.66′′ N/084°20′28.36′′ W; 

46°30′12.90′′ N/084°20′28.36′′ W; 

46°30′13.18′′ N/084°20′39.17′′ W; 

46°30′15.27′′ N/084°20′48.17′′ W; 

46°30′15.45′′ N/084°20′51.00′′ W; 

46°30′16.41′′ N/084°20′51.00′′ W; 

46°30′16.98′′ N/084°20′40.81′′ W; (NAD 

83). 

(2) All U.S. navigable waters within a 

radius of 1,100 feet centered on the test 

blast location approximately 600 feet 

due east of the pier between the Sabin 

and Davis locks, Sault Sainte Marie, 

Michigan at 46°30′15.46′′ N/ 

084°20′39.12′′ W; (NAD 83). 

(3) All U.S. navigable waters within a 

radius of 500 feet from the barge ‘‘M2’’ 

at any time the barge is involved in 

explosives loading operations or while 

transiting with explosives on board. 

(4) All U.S. navigable waters 

downstream of the Sabin and Davis 

Locks, Sault Sainte Marie, Michigan, 

with east and west boundaries starting 

approximately 1,750 feet due east of the 

center of the Davis Lock downstream 

gate, to approximately 2,850 feet due 

east of the center of the Davis Lock 

downstream gate. The zone is bound to 

the south by the northern pier face of 

the East Center Pier. The northern 

boundary of the zone is approximately 

600 feet north of the East Center Pier. 

The area is bound by the following 

coordinates: 46°30′18.66′′ N/ 

84°20′28.36′′ W; 46°30′19.36′′ N/ 

84°20′14.23’’ W; 

46°30′19.20′′ N/84°20′13.87′′ W; 

46°30′11.59′′ N/84°20′12.96′′ W; 

46°30′11.78′′ N/84°20′19.53′′ W; 

46°30′12.69′′ N/84°20′19.68′′ W; 

46°30′12.90′′ N/84°20′28.36′′ W; (NAD 

83). 

(b) Effective period. This regulation is 

effective from 5 a.m. April 23, 2010 

through 10 p.m. August 31, 2010. The 

safety zones established in paragraph (a) 

of this section will be enforced as 

follows: 

(1) The zone described in paragraph 

(a)(1) of this section will be enforced 

continually from 5 a.m. April 23, 2010 

through 10 p.m. August 31, 2010. 

(2) The zone described paragraph 

(a)(2) of this section will be 

intermittently enforced from 5 a.m. 

April 23, 2010 through 10 p.m. May 14, 

2010. 

(3) The zone described in paragraph 

(a)(3) of this section is subject to 

enforcement from 5 a.m. April 23, 2010 

through 10 p.m. August 31, 2010, any 

time the barge ‘‘M2’’ is transiting with 

explosives on board or involved in 

explosives loading operations. 

(4) The zone described paragraph 

(a)(4) of this section will be 

intermittently enforced from 5 a.m. 

April 23, 2010 through 10 p.m. August 

31, 2010. 

(5) The Captain of the Port, Sector 

Sault Sainte Marie may suspend at any 

time the enforcement of any safety zone 

established under this section. 

(6) The Captain of the Port, Sector 

Sault Sainte Marie, will notify the 

public of the enforcement and 

suspension of enforcement of a safety 

zone established by this section via any 

means that will provide as much notice 

as possible to the public. These means 

might include some or all of those listed 

in 33 CFR 165.7(a). The primary method 

of notification, however, will be through 

Broadcast Notice to Mariners and local 

Notice to Mariners. 

(c) Regulations. (1) In accordance with 

the general regulations in section 165.23 

of this part, entry into, transiting, or 

anchoring within an enforced safety 

zone established by this section is 

prohibited unless authorized by the 

Captain of the Port, Sector Sault Sainte 

Marie, or his on-scene representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port, 

Sector Sault Sainte Marie, or his onscene representative. 

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

the Captain of the Port, Sector Sault 

Sainte Marie, is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Sault Sainte Marie, to 

act on his behalf. The on-scene 

representative of the Captain of the Port, 

Sector Sault Sainte Marie, will be 

aboard either a Coast Guard or Coast 

Guard Auxiliary vessel. 

(4) Vessel operators desiring to enter 

or operate within an enforced safety 

zone shall contact the Captain of the 

Port, Sector Sault Sainte Marie, or his 

on-scene representative to obtain 

permission to do so. The Captain of the 

Port, Sector Sault Sainte Marie, or his 

on-scene representative may be 

contacted via VHF Channel 16. 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, Sector Sault Sainte 

Marie, or his on-scene representative. 

Dated: April 20, 2010. 

M.J. Huebschman, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Sault Sainte Marie. 

[FR Doc. 2010–10316 Filed 5–3–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2010–0256] 

RIN 1625–AA00 

Safety Zone; Neuse River, New Bern, 

NC; Correction 

ACTION: Temporary final rule; 

correction. 

SUMMARY: In the Federal Register 

published on April 23, 2010, the Coast 

Guard established a temporary safety 

zone on the waters of the Neuse River 

in support of the New Bern, North 

Carolina Tercentennial Celebration. The 

City of New Bern, North Carolina is 

sponsoring a civil war naval 

bombardment reenactment on the 

waters of the Neuse River, New Bern, 

North Carolina on May 8, 2010. The 

safety zone published with an error in 

the temporary safety zone coordinates. 

The safety zone coordinates should have 

read ‘‘35°06′12′′ N; 077°02′12′′ W thence 

to 35°05′52′′ N; 077°02′15′′ W thence to 

35°05′49′′ N; 077°01′49′′ W thence to 

35°06′17′′ N; 077°01′48′′ W thence to 

35°06′21′′ N; 077°02′06′′ W’’. 

DATES: This correction is effective May 

4, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

information about this correction, 

contact Jennifer Mehaffey, Office of 

Regulations and Administrative Law, 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Rules and Regulations 23593 

(202) 372–3859 

jennifer.a.mehaffey@uscg.mil. For 

information about the original 

regulation, contact CWO4 Stephen 

Lyons, Waterways Management 

Division Chief, Coast Guard Sector 

North Carolina; telephone (252) 247– 

4525, e-mail 

Stephen.W.Lyons@uscg.mil. 

SUPPLEMENTARY INFORMATION: In FR doc 

2010–9497 appearing on page 21164 in 

the issue of Friday, April 23, 2010, the 

following corrections are made: 

1. In the Discussion of the Rule 

section on page 21165, in the second 

column, revise the temporary safety 

zone coordinates to read ‘‘35°06′12′′ N; 

077°02′12′′ W thence to 35°05′52′′ N; 

077°02′15′′ W thence to 35°05′49′′ N; 

077°01′49′′ W thence to 35°06′17′′ N; 

077°01′48′′ W thence to 35°06′21′′ N; 

077°02′06′′ W’’. 

§ 165.T05–0256 [Corrected] 

■ 2. In the regulatory text on page 

21166, third column, revise paragraph 

(b) safety zone coordinates to read 

‘‘35°06′12′′ N; 077°02′12′′ W thence to 

35°05′52′′ N; 077°02′15′′ W thence to 

35°05′49′′ N; 077°01′49′′ W thence to 

35°06′17′′ N; 077°01′48′′ W thence to 

35°06′21′′ N; 077°02′06′′ W’’. 

Dated: April 29, 2010. 

S. Venckus, 

Office of Regulations and Administrative Law 

(CG–0943), U.S. Coast Guard. 

[FR Doc. 2010–10496 Filed 4–30–10; 11:15 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1096] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Deputy Federal Insurance and 

Mitigation Administrator reconsider the 

changes. The modified BFEs may be 

changed during the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

Kevin C. Long, Acting Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2820, or (e-mail) 

kevin.long@dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own or 

pursuant to policies established by other 

Federal, State, or regional entities. The 

changes in BFEs are in accordance with 

44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and 

Case No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Arizona: 

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