80 FR 15705 - Safety Zones Within the Captain of the Port New Orleans Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 57 (March 25, 2015)
Coast Guard
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15705-15709 | |
| FR Document | 2015-06846 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Proposed Rules] [Pages 15705-15709] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06846] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2014-1069] RIN 1625-AA00 Safety Zones Within the Captain of the Port New Orleans Zone AGENCY: Coast Guard, DHS. ACTION: Notice of Proposed Rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes temporary safety zones for multiple locations and dates within the Captain of the Port New Orleans' zone. These safety zones are necessary to protect persons and vessels from potential safety hazards associated with fireworks displays on or over federal waterways. [[Page 15706]] Entry into these zones is prohibited unless specifically authorized by the Captain of the Port New Orleans or a designated representative. DATES: Comments and related material must be received by the Coast Guard on or before April 9, 2015. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202-493-2251. (3) Mail or Delivery: Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202-366-9329. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Commander (LCDR) James Gatz, Sector New Orleans, at (504) 365-2281 or [email protected]. If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366- 9826. SUPPLEMENTARY INFORMATION: Table of Acronyms BNM Broadcast Notice to Mariners COTP Captain of the Port DHS Department of Homeland Security FR Federal Register LNM Local Notice to Mariners NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at http://www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to http://www.regulations.gov, type the docket number [USCG-2014-1069] in the ``SEARCH'' box and click ``SEARCH.'' Click on ``Submit a Comment'' on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number (USCG-2014-1069) in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12-140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). 4. Public Meeting We do not now plan to hold a public meeting. But you may submit a request for one using one of the methods specified under ADDRESSES. Please explain why you believe a public meeting would be beneficial. If we determine that one would aid this rulemaking, we will hold one at a time and place announced by a later notice in the Federal Register. B. Regulatory History and Information Safety zones are proposed during the following five (5) individual marine events: (1) New Orleans Navy Week is a single, non-repeating fireworks event. This event is scheduled to occur on April 27, 2015, on the Lower Mississippi River in New Orleans, Louisiana. The sponsor for this event applied for a marine event permit. The permit application is currently under review but the Coast Guard believes that additional safety measures in the form of a temporary safety zone will be necessary for safety of navigation during the event. There is no regulatory history for this event. (2) The Hosts Global fireworks event is an annually-occurring event which occurs in late April on the Lower Mississippi River in New Orleans, Louisiana. The sponsor for this event applied for a marine event permit. The permit application is currently under review but the Coast Guard believes that additional safety measures in the form of a temporary safety zone will be necessary for safety of navigation during the event. The sponsor applied for the 2014 occurrence of this event and the permit was approved. A temporary safety zone was enforced through actual notice for the 2014 occurrence. (3) The Madisonville 4th of July fireworks display is an annually- occurring event which occurs on July 4 each year in the Tchefuncta River near Madisonville, Louisiana. The sponsor for this event applied for a marine event permit. The permit application is currently under review but the Coast Guard believes that additional safety measures in the form of a temporary safety zone will be necessary for safety of navigation during the event. The sponsor for this event applied for a marine event permit in 2014 but the event was cancelled by the fireworks provider due to short notice on the sponsor's part. (4) The Mandeville City Seafood Festival is an annually-occurring fireworks event that occurs on July 4 each year at Fountainbleau State Park in Mandeville, Louisiana. The sponsor for [[Page 15707]] this event applied for a marine event permit. The permit application is currently under review but the Coast Guard believes that additional safety measures in the form of a temporary safety zone will be necessary for safety of navigation during the event. There is no other regulatory history for this event. (5) The Mandeville Lakefront fireworks show is a single event which is scheduled to occur July 4, 2015, in Mandeville, Louisiana. The sponsor for this event applied for a marine event permit. The permit application is currently under review but the Coast Guard believes that additional safety measures in the form of a temporary safety zone will be necessary for safety of navigation during the event. There is no regulatory history for this event. Upon initial review of the details for each of these events, the Coast Guard determined that additional safety measures will be necessary. C. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1, which collectively authorize the Coast Guard to establish and define regulatory safety zones. The Coast Guard has determined that temporary safety zones are necessary to promote the safety of life on navigable waterways within the COTP New Orleans Zone during these events. D. Discussion of Proposed Rule The Coast Guard proposes to establish five temporary safety zones within the Captain of the Port (COTP) New Orleans Zone between April 27, 2015 and July 4, 2015. The events to be covered by this proposed rule will be enforced on the respective dates listed in the table below. ------------------------------------------------------------------------ Item No. Name of event Date and location ------------------------------------------------------------------------ 1..................... New Orleans Navy Week Date: April 27, 2015. Location: the entire width of the Lower Mississippi River between MM 94 and MM 96 Above Head of Passes. 2..................... Hosts Global......... Date: April 28, 2015. Location: the entire width of the Lower Mississippi River between MM 94 and MM 96 Above Head of Passes. 3..................... Madisonville 4th of Date: July 4, 2015. July. Location: the entire width of the Tchefuncta River between the confluence of the Tchefuncta River and Lake Pontchartrain, extending one mile north. 4..................... Mandeville City Date: July 4, 2015. Seafood Festival. Location: 350 feet in all directions from the end of the Fountainbleau State Park Pier in Lake Pontchartrain. 5..................... Mandeville Lakefront Date: July 4, 2015. Fireworks. Location: 350 feet in all directions from the fireworks barge, which will be positioned offshore of Mandeville, LA in Lake Pontchartrain. ------------------------------------------------------------------------ The COTP New Orleans will inform the public through broadcast notices to mariners (BNM) and local notices to mariners (LNM) of the enforcement periods for the safety zones as well as any changes in the planned schedules. Mariners and other members of the public may also contact Coast Guard Sector New Orleans Command Center to inquire about the status of the safety zones, at (504) 365-2200. E. Regulatory Analyses We developed this proposed rule after considering numerous statutes and executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes or executive orders. 1. Regulatory Planning and Review This proposed rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. These temporary safety zones will restrict navigation on the Lower Mississippi River in the vicinity of New Orleans, Louisiana, the southern end of the Tchefuncta River near Madisonville, Louisiana, and Lake Pontchartrain in vicinity of Mandeville, Louisiana. No safety zone will be established for longer than one hour. Due to the limited scope and short duration of each temporary safety zone, the impacts on routine navigation are expected to be minimal. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule will not have a significant economic impact on a substantial number of small entities. This proposed rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the following waterways on the listed dates: The Lower Mississippi River in New Orleans, Louisiana on April 27, 2015 and April 28, 2015; the Tchefuncta River near Madisonville, Louisiana on July 4, 2015, and the north shore of Lake Pontchartrain in the vicinity of Mandeville, LA on July 4, 2015. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities because it is limited in scope and each temporary safety zone will only be in effect for approximately one hour on one day. Before enforcement, COTP New Orleans will issue maritime advisories widely available to users of the impacted waterways and will make notifications to the public through marine band radio when the temporary safety zones are being enforced. Additionally, deviation from this rule may be requested and will be considered on a case by case basis by COTP New Orleans or a COTP New Orleans designated representative. [[Page 15708]] If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it. 3. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard. 4. Collection of Information This proposed rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501- 3520). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and determined that this rule does not have implications for federalism. 6. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. 7. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. 8. Taking of Private Property This proposed rule would not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This proposed rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children From Environmental Health Risks We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and would not create an environmental risk to health or risk to safety that might disproportionately affect children. 11. Indian Tribal Governments This proposed rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it would 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. 12. Energy Effects This proposed rule is not a ``significant energy action'' under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This proposed rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. Environment We have analyzed this proposed 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 made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves establishing temporary safety zones in the Lower Mississippi River, Tchefuncta River, and Lake Pontchartrain. This rule is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. A preliminary environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. 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 proposes to amend 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. A new temporary Sec. 165.T08-1069 is added to read as follows: Sec. 165.T08-1069 Safety Zones, Captain of the Port New Orleans Zone, LA. (a) Locations. The following areas are safety zones: (1) All waters of the Lower Mississippi River from mile marker 94 to mile marker 96 above Head of Passes, New Orleans, LA. This location will be used for the New Orleans Navy Week and Hosts Global events. (2) All waters of the Tchefuncta River from the confluence of the Tchefuncta River and Lake Pontchartrain, extending one mile north into the Tchefuncta River, Madisonville, LA. This location will be used for the Madisonville Fourth of July event. (3) All waters of Lake Pontchartrain extending 350 feet in all directions from the end of the Fountainbleau State Park Pier in Mandeville, LA. This location will be used for the Mandeville City Seafood Festival. [[Page 15709]] (4) All waters of Lake Pontchartrain extending 350 feet in all directions from a fireworks barge located offshore of Mandeville, LA. This location will be used for the Mandeville Lakefront Fireworks event. (b) Effective Dates and Enforcement Periods. This rule is effective during five individual events occurring on four separate dates from April 27, 2015 through July 4, 2015. The temporary safety zones will be enforced during the following dates and times: (1) April 27, 2015, in the evening for one hour or less in the location noted in section a.1. (2) April 28, 2015, in the evening for one hour or less in the location noted in section a.1. (3) July 4, 2015, in the evening for one hour or less in the location noted in section a.2. (4) July 4, 2015, in the evening for one hour or less the locations noted in section a.3 and a.4. (c) Regulations. (1) In accordance with the general regulations in Sec. 165.23 of this part, entry into these zones is prohibited unless specifically authorized by the Captain of the Port (COTP) New Orleans or designated personnel. Designated personnel include commissioned, warrant and petty officers of the U.S. Coast Guard assigned to units under the operational control of Sector New Orleans. (2) Persons and vessels requiring deviation from this rule must request permission from the COTP New Orleans or a COTP New Orleans designated representative. They may be contacted on VHF-FM Channel 16 or 67, or through Coast Guard Sector New Orleans at 504-365-2200. (3) Persons and vessels permitted to deviate from this rule must transit at the slowest safe speed and comply with all lawful directions issued by the COTP New Orleans or designated representative. (d) Information Broadcasts. The COTP New Orleans or a COTP New Orleans designated representative will inform the public through broadcast notices to mariners of the enforcement period for the safety zones as well as any changes in the planned schedule. Dated: March 4, 2015. P.C. Schifflin, Captain, U.S. Coast Guard Captain of the Port New Orleans. [FR Doc. 2015-06846 Filed 3-24-15; 8:45 a.m.] BILLING CODE 9110-04-P
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(see ADDRESSES) explaining why you eliminate ambiguity, and reduce discovery of a significant environmental
think it qualifies and how and to what burden. impact from this proposed rule.
degree this rule would economically
10. Protection of Children From List of Subjects in 33 CFR Part 147
affect it.
Environmental Health Risks Continental shelf, Marine safety,
The Coast Guard will not retaliate
against small entities that question or We have analyzed this proposed rule Navigation (water).
complain about this proposed rule or under Executive Order 13045, For the reasons discussed in the
any policy or action of the Coast Guard. Protection of Children from preamble, the Coast Guard proposes to
Environmental Health Risks and Safety amend 33 CFR part 147 as follows:
4. Collection of Information Risks. This rule is not an economically
This proposed rule would call for no significant rule and would not create an PART 147—SAFETY ZONES
new collection of information under the environmental risk to health or risk to
Paperwork Reduction Act of 1995 (44 safety that might disproportionately ■ 1. The authority citation for part 147
U.S.C. 3501–3520.). affect children. continues to read as follows:
5. Federalism 11. Indian Tribal Governments Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
Department of Homeland Security Delegation
A rule has implications for federalism This proposed rule does not have No. 0170.1.
under Executive Order 13132, tribal implications under Executive ■ 2. Add § 147.861 to read as follows:
Federalism, if it has a substantial direct Order 13175, Consultation and
effect on the States, on the relationship Coordination with Indian Tribal § 147.861 Big Foot Tension Leg Platform
between the national government and Governments, because it would not have (TLP) Facility Safety Zone.
the States, or on the distribution of a substantial direct effect on one or (a) Description. The Big Foot TLP is
power and responsibilities among the more Indian tribes, on the relationship in the deepwater area of the Gulf of
various levels of government. We have between the Federal Government and Mexico at Walker Ridge 29. The facility
analyzed this proposed rule under that Indian tribes, or on the distribution of is located at N. 26°55′58″, W. 90°31′12″,
Order and have determined that it does power and responsibilities between the and the area within 500 meters (1640.4
not have implications for federalism. Federal Government and Indian tribes. feet) from each point on the facility
structure’s outer edge is a safety zone.
6. Protest Activities 12. Energy Effects
(b) Regulation. No vessel may enter or
The Coast Guard respects the First We have analyzed this proposed rule remain in this safety zone except the
Amendment rights of protesters. under Executive Order 13211, Actions following:
Protesters are asked to contact the Concerning Regulations That (1) An attending vessel;
person listed in the ‘‘FOR FURTHER Significantly Affect Energy Supply, (2) A vessel under 100 feet in length
INFORMATION CONTACT’’ section to Distribution, or Use. overall not engaged in towing; or
coordinate protest activities so that your 13. Technical Standards (3) A vessel authorized by the
message can be received without Commander, Eighth Coast Guard
jeopardizing the safety or security of This proposed rule does not use District or a designated representative.
people, places or vessels. technical standards. Therefore, we did
not consider the use of voluntary Dated: February 11, 2015.
7. Unfunded Mandates Reform Act consensus standards. Kevin S. Cook,
The Unfunded Mandates Reform Act Rear Admiral, U.S. Coast Guard, Commander,
14. Environment Eighth Coast Guard District.
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of We have analyzed this proposed rule [FR Doc. 2015–06482 Filed 3–24–15; 8:45 am]
their discretionary regulatory actions. In under Department of Homeland BILLING CODE 4910–15–P
particular, the Act addresses actions Security Management Directive 023–01
that may result in the expenditure by a and Commandant Instruction
State, local, or tribal government, in the M16475.lD, which guide the Coast DEPARTMENT OF HOMELAND
aggregate, or by the private sector of Guard in complying with the National SECURITY
$100,000,000 (adjusted for inflation) or Environmental Policy Act of 1969
(NEPA) 42 U.S.C. 4321–4370f), and have Coast Guard
more in any one year. Though this
proposed rule would not result in such made a preliminary determination that
this action is one of a category of actions 33 CFR Part 165
an expenditure, we do discuss the
effects of this rule elsewhere in this which do not individually or [Docket Number USCG–2014–1069]
preamble. cumulatively have a significant effect on
the human environment. This proposed RIN 1625–AA00
8. Taking of Private Property rule involves the establishment of a
Safety Zones Within the Captain of the
This proposed rule would not cause a safety zone around an OCS facility to
Port New Orleans Zone
taking of private property or otherwise protect life, property and the marine
have taking implications under environment. This proposed rule is AGENCY: Coast Guard, DHS.
Executive Order 12630, Governmental categorical excluded from further ACTION: Notice of Proposed Rulemaking.
review, under figure 2–1, paragraph
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Actions and Interference with
Constitutionally Protected Property (34)(g), of the Commandant Instruction. SUMMARY: The Coast Guard proposes
Rights. A preliminary environmental analysis temporary safety zones for multiple
checklist supporting this determination locations and dates within the Captain
9. Civil Justice Reform and the Categorical Exclusion of the Port New Orleans’ zone. These
This proposed rule meets applicable Determination are available in the safety zones are necessary to protect
standards in sections 3(a) and 3(b)(2) of docket where indicated under persons and vessels from potential
Executive Order 12988, Civil Justice ADDRESSES. We seek any comments or safety hazards associated with fireworks
Reform, to minimize litigation, information that may lead to the displays on or over federal waterways.
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Entry into these zones is prohibited material online at http:// 4. Public Meeting
unless specifically authorized by the www.regulations.gov, or by fax, mail, or We do not now plan to hold a public
Captain of the Port New Orleans or a hand delivery, but please use only one meeting. But you may submit a request
designated representative. of these means. If you submit a for one using one of the methods
DATES: Comments and related material comment online, it will be considered specified under ADDRESSES. Please
must be received by the Coast Guard on received by the Coast Guard when you explain why you believe a public
or before April 9, 2015. successfully transmit the comment. If meeting would be beneficial. If we
ADDRESSES: You may submit comments you fax, hand deliver, or mail your determine that one would aid this
identified by docket number using any comment, it will be considered as rulemaking, we will hold one at a time
one of the following methods: having been received by the Coast and place announced by a later notice
(1) Federal eRulemaking Portal: Guard when it is received at the Docket in the Federal Register.
http://www.regulations.gov. Management Facility. We recommend
(2) Fax: 202–493–2251. that you include your name and a B. Regulatory History and Information
(3) Mail or Delivery: Docket mailing address, an email address, or a Safety zones are proposed during the
Management Facility (M–30), U.S. telephone number in the body of your following five (5) individual marine
Department of Transportation, West document so that we can contact you if events:
Building Ground Floor, Room W12–140, we have questions regarding your (1) New Orleans Navy Week is a
1200 New Jersey Avenue SE., submission. single, non-repeating fireworks event.
Washington, DC 20590–0001. Deliveries To submit your comment online, go to This event is scheduled to occur on
accepted between 9 a.m. and 5 p.m., http://www.regulations.gov, type the April 27, 2015, on the Lower
Monday through Friday, except federal docket number [USCG–2014–1069] in Mississippi River in New Orleans,
holidays. The telephone number is 202– the ‘‘SEARCH’’ box and click Louisiana. The sponsor for this event
366–9329. ‘‘SEARCH.’’ Click on ‘‘Submit a applied for a marine event permit. The
See the ‘‘Public Participation and Comment’’ on the line associated with permit application is currently under
Request for Comments’’ portion of the this rulemaking. review but the Coast Guard believes that
SUPPLEMENTARY INFORMATION section If you submit your comments by mail additional safety measures in the form
below for further instructions on or hand delivery, submit them in an of a temporary safety zone will be
submitting comments. To avoid unbound format, no larger than 81⁄2 by necessary for safety of navigation during
duplication, please use only one of 11 inches, suitable for copying and the event. There is no regulatory history
these three methods. electronic filing. If you submit for this event.
FOR FURTHER INFORMATION CONTACT: If comments by mail and would like to (2) The Hosts Global fireworks event
you have questions on this rule, call or know that they reached the Facility, is an annually-occurring event which
email Lieutenant Commander (LCDR) please enclose a stamped, self-addressed occurs in late April on the Lower
James Gatz, Sector New Orleans, at (504) postcard or envelope. We will consider Mississippi River in New Orleans,
365–2281 or James.C.Gatz@uscg.mil. If all comments and material received Louisiana. The sponsor for this event
you have questions on viewing or during the comment period and may applied for a marine event permit. The
submitting material to the docket, call change the rule based on your permit application is currently under
Cheryl F. Collins, Program Manager, comments. review but the Coast Guard believes that
Docket Operations, telephone (202) additional safety measures in the form
366–9826. 2. Viewing Comments and Documents
of a temporary safety zone will be
SUPPLEMENTARY INFORMATION: To view comments, as well as necessary for safety of navigation during
documents mentioned in this preamble the event. The sponsor applied for the
Table of Acronyms
as being available in the docket, go to 2014 occurrence of this event and the
BNM Broadcast Notice to Mariners http://www.regulations.gov, type the permit was approved. A temporary
COTP Captain of the Port docket number (USCG–2014–1069) in safety zone was enforced through actual
DHS Department of Homeland Security the ‘‘SEARCH’’ box and click notice for the 2014 occurrence.
FR Federal Register
‘‘SEARCH.’’ Click on Open Docket (3) The Madisonville 4th of July
LNM Local Notice to Mariners
NPRM Notice of Proposed Rulemaking Folder on the line associated with this fireworks display is an annually-
rulemaking. You may also visit the occurring event which occurs on July 4
A. Public Participation and Request for Docket Management Facility in Room each year in the Tchefuncta River near
Comments W12–140 on the ground floor of the Madisonville, Louisiana. The sponsor
We encourage you to participate in Department of Transportation West for this event applied for a marine event
this rulemaking by submitting Building, 1200 New Jersey Avenue SE., permit. The permit application is
comments and related materials. All Washington, DC 20590, between 9 a.m. currently under review but the Coast
comments received will be posted and 5 p.m., Monday through Friday, Guard believes that additional safety
without change to http:// except Federal holidays. measures in the form of a temporary
www.regulations.gov and will include safety zone will be necessary for safety
3. Privacy Act
any personal information you have of navigation during the event. The
provided. Anyone can search the electronic sponsor for this event applied for a
form of comments received into any of marine event permit in 2014 but the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
1. Submitting Comments our dockets by the name of the event was cancelled by the fireworks
If you submit a comment, please individual submitting the comment (or provider due to short notice on the
include the docket number for this signing the comment, if submitted on sponsor’s part.
rulemaking, indicate the specific section behalf of an association, business, labor (4) The Mandeville City Seafood
of this document to which each union, etc.). You may review a Privacy Festival is an annually-occurring
comment applies, and provide a reason Act notice regarding our public dockets fireworks event that occurs on July 4
for each suggestion or recommendation. in the January 17, 2008, issue of the each year at Fountainbleau State Park in
You may submit your comments and Federal Register (73 FR 3316). Mandeville, Louisiana. The sponsor for
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![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Proposed Rules 15709
(4) All waters of Lake Pontchartrain ENVIRONMENTAL PROTECTION comment directly to EPA without going
extending 350 feet in all directions from AGENCY through www.regulations.gov, your
a fireworks barge located offshore of email address will be automatically
Mandeville, LA. This location will be 40 CFR Part 52 captured and included as part of the
used for the Mandeville Lakefront [EPA–R03–OAR–2015–0089; FRL–9925–15– comment that is placed in the public
Fireworks event. Region 3] docket and made available on the
(b) Effective Dates and Enforcement Internet. If you submit an electronic
Periods. This rule is effective during five Approval and Promulgation of Air comment, EPA recommends that you
individual events occurring on four Quality Implementation Plans; include your name and other contact
separate dates from April 27, 2015 Maryland; Biomass Fuel-Burning information in the body of your
through July 4, 2015. The temporary Equipment Standards comment and with any disk or CD–ROM
safety zones will be enforced during the you submit. If EPA cannot read your
AGENCY: Environmental Protection comment due to technical difficulties
following dates and times: Agency (EPA). and cannot contact you for clarification,
(1) April 27, 2015, in the evening for ACTION: Proposed rule. EPA may not be able to consider your
one hour or less in the location noted in comment. Electronic files should avoid
section a.1. SUMMARY: The Environmental Protection
Agency (EPA) is proposing to approve a the use of special characters, any form
(2) April 28, 2015, in the evening for State Implementation Plan (SIP) of encryption, and be free of any defects
one hour or less in the location noted in revision submitted by the State of or viruses.
section a.1. Maryland. This revision pertains to a Docket: All documents in the
(3) July 4, 2015, in the evening for one new regulation for biomass fuel-burning electronic docket are listed in the
hour or less in the location noted in equipment and related amendments to www.regulations.gov index. Although
section a.2. existing regulations. This action is being listed in the index, some information is
taken under the Clean Air Act (CAA). not publicly available, i.e., CBI or other
(4) July 4, 2015, in the evening for one information whose disclosure is
hour or less the locations noted in DATES: Written comments must be
restricted by statute. Certain other
section a.3 and a.4. received on or before April 24, 2015.
material, such as copyrighted material,
ADDRESSES: Submit your comments,
(c) Regulations. is not placed on the Internet and will be
identified by Docket ID Number EPA– publicly available only in hard copy
(1) In accordance with the general R03–OAR–2015–0089 by one of the
regulations in § 165.23 of this part, entry form. Publicly available docket
following methods: materials are available either
into these zones is prohibited unless A. www.regulations.gov. Follow the
specifically authorized by the Captain of electronically in www.regulations.gov or
on-line instructions for submitting
the Port (COTP) New Orleans or in hard copy during normal business
comments.
designated personnel. Designated B. Email: powers.marilyn@epa.gov. hours at the Air Protection Division,
personnel include commissioned, C. Mail: EPA–R03–OAR–2015–0089, U.S. Environmental Protection Agency,
warrant and petty officers of the U.S. Marilyn Powers, Acting Associate Region III, 1650 Arch Street,
Coast Guard assigned to units under the Director, Office of Air Program Philadelphia, Pennsylvania 19103.
operational control of Sector New Planning, Mailcode 3AP30, U.S. Copies of the State submittal are
Orleans. Environmental Protection Agency, available at the Maryland Department of
Region III, 1650 Arch Street, the Environment, 1800 Washington
(2) Persons and vessels requiring Boulevard, Suite 705, Baltimore,
deviation from this rule must request Philadelphia, Pennsylvania 19103.
D. Hand Delivery: At the previously- Maryland 21230.
permission from the COTP New Orleans
listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT:
or a COTP New Orleans designated
deliveries are only accepted during the Irene Shandruk, (215) 814–2166, or by
representative. They may be contacted
Docket’s normal hours of operation, and email at shandruk.irene@epa.gov.
on VHF–FM Channel 16 or 67, or
through Coast Guard Sector New special arrangements should be made SUPPLEMENTARY INFORMATION:
Orleans at 504–365–2200. for deliveries of boxed information.
Instructions: Direct your comments to I. Background
(3) Persons and vessels permitted to Docket ID No. EPA–R03–OAR–2015– Biomass materials, which include
deviate from this rule must transit at the 0089. EPA’s policy is that all comments wood residue and wood products,
slowest safe speed and comply with all received will be included in the public animal manure (including litter and
lawful directions issued by the COTP docket without change, and may be other bedding materials), vegetative
New Orleans or designated made available online at agricultural materials as well as
representative. www.regulations.gov, including any silvicultural materials, can be used as
(d) Information Broadcasts. The COTP personal information provided, unless fuel burned to provide heat and power.
New Orleans or a COTP New Orleans the comment includes information New technologies and environmental
designated representative will inform claimed to be Confidential Business initiatives have recently increased the
the public through broadcast notices to Information (CBI) or other information use of biomass material for combustion
mariners of the enforcement period for whose disclosure is restricted by statute. in the State of Maryland. Therefore, the
the safety zones as well as any changes Do not submit information that you Maryland Department of the
mstockstill on DSK4VPTVN1PROD with PROPOSALS
in the planned schedule. consider to be CBI or otherwise Environment (MDE) has established
protected through www.regulations.gov emission standards for the combustion
Dated: March 4, 2015.
or email. The www.regulations.gov Web of biomass fuel by developing a new
P.C. Schifflin, site is an ‘‘anonymous access’’ system, Code of Maryland (COMAR) regulation,
Captain, U.S. Coast Guard Captain of the which means EPA will not know your COMAR 26.11.09.12—‘‘Standards for
Port New Orleans. identity or contact information unless Biomass Fuel-Burning Equipment
[FR Doc. 2015–06846 Filed 3–24–15; 8:45 a.m.] you provide it in the body of your Greater Than 350,000 British Thermal
BILLING CODE 9110–04–P comment. If you send an email Units (Btu)/Hour (hr) Heat Input.’’ The
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Document Created: 2018-02-21 09:49:07
Document Modified: 2018-02-21 09:49:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of Proposed Rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before April 9, 2015. | |
| Contact | If you have questions on this rule, call or email Lieutenant Commander (LCDR) James Gatz, Sector New Orleans, at (504) 365-2281 or [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366- 9826. | |
| FR Citation | 80 FR 15705 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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