Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 28165 

tribal concerns. We have determined 

that these regulations and fishing rights 

protection need not be incompatible. 

We have also determined that 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. 

Nevertheless, Indian Tribes that have 

questions concerning the provisions of 

this Rule or options for compliance are 

encouraged to contact the point of 

contact listed under FOR FURTHER

INFORMATION CONTACT. 

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 which 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) because this rule is for the 

establishment of a safety zone. 

The final environmental analysis 

check list and 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. 1226, 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. A add temporary § 165.T09–0462 to 

read as follows: 

§ 165.T09–0462 Safety Zone; Marinette 

Marine Vessel Launch, Marinette, 

Wisconsin. 

(a) Location. All water of the 

Menominee River surrounding the 

Marinette Marine Corporation piers and 

bounded by a line with a point of origin 

at 45°05′57′′ N, 087°36′50.3′′ W; then 

northeast to 45°06′00′′ N, 087°36′48.3′′ 

W; then northwest to 45°06′04.4′′ N, 

087°37′09.2′′ W; then west to 

45°06′04.5′′ N, 087°37′14′′ W; then 

southwest to 45°06′02.8′′ N, 087°37′15′′ 

W; then southeast following the 

shoreline back to the point of origin. 

(NAD 83). 

(b) Enforcement period. This 

regulation will be enforced from 10:45 

a.m. until 12:15 p.m. on June 26, 2009. 

The Captain of the Port Sector Lake 

Michigan or the on-scene Patrol 

Commander may terminate this 

operation at anytime. 

(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 Sector Lake 

Michigan 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 Lake Michigan or his on-scene 

representative. Any person in a safety 

zone who has notice of a lawful order 

or direction shall obey the order or 

direction of the Captain of the Port or 

his on-scene representative. 

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

the Captain of the Port is any Coast 

Guard commissioned, warrant or petty 

officer who has been designated by the 

Captain of the Port to act on his behalf. 

The on-scene representative of the 

Captain of the Port will be aboard either 

a Coast Guard or Coast Guard Auxiliary 

vessel. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Sector 

Lake Michigan or his on-scene 

representative to obtain permission to 

do so. The Captain of the Port or his onscene 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 Lake Michigan or his 

on-scene representative. 

Dated: June 1, 2009. 

B.C. Jones, 

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

Port Sector Lake Michigan. 

[FR Doc. E9–13888 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0465] 

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 July 1, 2009 

through July 29, 2009. This action is 

necessary to protect vessels and people 

from the hazards associated with 

fireworks displays. This safety zone will 

restrict vessel traffic from a portion of 

the Captain of the Port Lake Michigan 

Zone. 


pwalker on PROD1PC71 with RULES
28166 Federal Register / Vol. 74, No. 113 / Monday, June 15, 2009 / Rules and Regulations 

DATES: The regulations in 33 CFR 

165.931 will be enforced from July 1, 

2009 through July 29, 2009. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail BM2 Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI; telephone 

(414) 747–7154, e-mail 

Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

special local regulation for the Safety 

Zone; Chicago Harbor, Navy Pier 

Southeast, Chicago, IL, 33 CFR 165.931 

for the following events: 

(1) Navy Pier Wednesday Fireworks 

on July 1, 2009 from 9:15 p.m. through 

9:45 p.m.; on July 8, 2009 from 9:15 

p.m. through 9:45 p.m.; on July 15, 2009 

from 9:15 p.m. through 9:45 p.m.; on 

July 22, 2009 from 9:15 p.m. through 

9:45 p.m.; on July 29, 2009 from 9:15 

p.m. through 9:45 p.m.; 

(2) Navy Pier Saturday Fireworks on 

July 04, 2009 from 8:45 p.m. through 

9:30 p.m.; on July 11, 2009 from 10 p.m. 

through 10:40 p.m.; on July 18, 2009 

from 10 p.m. through 10:40 p.m. 

All vessels must obtain permission 

from the Captain of the Port or his onscene 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 or a designated 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 (72 FR 32520, June 

13, 2007) 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 will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. The Captain of the Port may 

be contacted via U.S. Coast Guard 

Sector Lake Michigan on channel 16, 

VHF–FM. 

Dated: June 2, 2009. 

Bruce C. Jones, 

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

Port Lake Michigan. 

[FR Doc. E9–13890 Filed 6–12–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final 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: 

William R. Blanton Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator of the Mitigation 

Directorate has resolved any appeals 

resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final 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 final 

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 final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

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. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 


pwalker on PROD1PC71 with RULES