80 FR 9673 - Safety Zones; Fireworks Displays in the Sector Columbia River Captain of the Port Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 36 (February 24, 2015)
Coast Guard
Federal Register Volume 80, Issue 36 (February 24, 2015)
| Page Range | 9673-9678 | |
| FR Document | 2015-03607 |
[Federal Register Volume 80, Number 36 (Tuesday, February 24, 2015)] [Proposed Rules] [Pages 9673-9678] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-03607] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2014-0300] RIN 1625-AA00 Safety Zones; Fireworks Displays in the Sector Columbia River Captain of the Port Zone AGENCY: Coast Guard, DHS. ACTION: Supplemental notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to establish twenty three new fireworks display safety zones at various locations in the Sector Columbia River Captain of the Port zone. The Coast Guard previously published a notice of proposed rulemaking with respect to this proposed rule on June 18, 2014. This supplemental notice of proposed rulemaking changes the proposed regulation in the following respects. First, the Coast Guard proposes to amend the regulatory text to clarify that the coordinates for all safety zones addressed by the proposed rule are approximate. Second, the Coast Guard proposes to make corrections to the location of nine existing and ten new fireworks events in the Sector Columbia River Captain of the Port zone. Third, the Coast Guard will be removing a duplicate entry of the Hood River 4th of July event. DATES: Comments and related material must be received by the Coast Guard on or before March 26, 2015. [[Page 9674]] Requests for public meetings must be received by the Coast Guard on or before March 3, 2015. ADDRESSES: You may submit comments identified by docket number USCG- 2014-0300 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 LT Sean Morrison, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email msupdxwwm@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking SNPRM Supplemental 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-2014-0300] 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-2014-0300] 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 plan on holding a public meeting. But you may submit a request for one on or before March 3, 2015, 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 A Notice of Proposed Rulemaking (NPRM) entitled ``Safety Zones; Fireworks Displays in the Sector Columbia River Captain of the Port Zone'' was published in the Federal Register on June 18, 2014 with the comment period ending on July 18, 2014 (see 79 FR 34669). We did not receive any comments on the proposed rule and did not receive any requests for a public meeting. A public meeting was not held. While creating the final rule, we determined that additional language should be added to the regulation in order to clarify that the coordinates for the locations of the fireworks display safety zones are approximate. Additionally, we found inconsistencies in the coordinates provided in the published NPRM for nineteen of the fireworks displays. With this SNPRM we are proposing to amend these coordinates. The inconsistencies found were in relation to the location of the safety zones for the following fireworks events: Cinco de Mayo, Tri-City Chamber of Commerce, Cedco Inc., Florence Independence Day Celebration, Ilwaco July 4th Independence Day at the Port, East County 4th of July, City of St. Helens 4th of July, Hood River 4th of July, Rufus 4th of July, Maritime Heritage Festival, Lynch Picnic, July 4th Party at the Port of Gold Beach, Roseburg Hometown 4th of July, Newport 4th of July, The Mill Casino Independence Day, Westport 100th Anniversary, Westport 4th of July, The 4th of July at Pekin Ferry, and the Leukemia and Lymphoma Light the Night. Additionally, we found a duplicate entry for the Hood River 4th of July event. C. Basis and Purpose The legal basis for this proposed rule is: 33 U.S.C. 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; Public Law 107-295, 116 Stat. 2064; and Department of Homeland Security Delegation No. 0170.1., which collectively authorize the Coast Guard to establish regulatory safety zones for safety and environmental purposes. The proposed safety zones are being implemented to help ensure the safe navigation of maritime traffic in the Sector Columbia River Area of [[Page 9675]] Responsibility during fireworks displays. Fireworks displays create hazardous conditions for the maritime public because of the large number of vessels that congregate near the displays, as well as the noise, falling debris, and explosions that occur during the event. Because firework discharge sites can pose a hazard to the maritime public, these safety zones are necessary in order to restrict vessel movement and reduce vessel congregation in the proximity of the firework discharge sites. D. Discussion of the Proposed Rule This SNPRM amends the regulatory language of the proposed rule to clarify that the coordinates contained in the published table are approximate locations. The language will specify that the proposed safety zones will encompass waters within a 450 yard radius of the launch site at the approximate locations listed in the tables. This SNPRM will also remove a duplicate entry of the Hood River 4th of July event. Additionally, this SNPRM amends the positions of the following fireworks displays in the proposed rule in order to accurately reflect the approximate locations of the fireworks displays: ---------------------------------------------------------------------------------------------------------------- Event name (typically) Event location Date of event Latitude Longitude ---------------------------------------------------------------------------------------------------------------- Cinco de Mayo Fireworks Display. Portland, OR...... One day in May.... 45[deg]30'58'' N.. 122[deg]40'12'' W. Tri-City Chamber of Commerce Kennewick, WA..... One day in July... 46[deg]13'37'' N.. 119[deg]08'47'' W. Fireworks Display, Columbia Park. Cedco Inc. Fireworks Display.... North Bend, OR.... One day in July... 43[deg]23'42'' N.. 124[deg]12'55'' W. Florence Independence Day Florence, OR...... One day in July... 43[deg]58'09'' N.. 124[deg]05'50'' W. Celebration. Ilwaco July 4th Committee Ilwaco, OR........ One day in July... 46[deg]18'17'' N.. 124[deg]02'00'' W. Fireworks/Independence Day at the Port. East County 4th of July Gresham, OR....... One day in July... 45[deg]33'32'' N.. 122[deg]27'10'' W. Fireworks. City of St. Helens 4th of July St. Helens, OR.... One day in July... 45[deg]51'54'' N.. 122[deg]47'26'' W. Fireworks Display. Hood River 4th of July.......... Hood River, OR.... One day in July... 45[deg]42'58'' N.. 121[deg]30'32'' W. Rufus 4th of July Fireworks..... Rufus, OR......... One day in July... 45[deg]41'39'' N.. 120[deg]45'16'' W. Maritime Heritage Festival...... St. Helens, OR.... One day in July... 45[deg]51'54'' N.. 122[deg]47'26'' W. Lynch Picnic.................... West Linn, OR..... One day in July... 45[deg]23'37'' N.. 122[deg]37'52'' W. July 4th Party at the Port of Gold Beach, OR.... One day in July... 42[deg]25'30'' N.. 124[deg]25'03'' W. Gold Beach. Roseburg Hometown 4th of July... Roseburg, OR...... One day in July... 43[deg]12'58'' N.. 123[deg]22'10'' W. Newport 4th of July............. Newport, OR....... One day in July... 44[deg]37'40'' N.. 124[deg]02'45'' W. The Mill Casino Independence Day North Bend, OR.... One day in July... 43[deg]23'42'' N.. 124[deg]12'55'' W. Westport 100th Anniversary...... Westport, WA...... One day in June... 46[deg]54'17'' N.. 124[deg]05'59'' W. Westport 4th of July............ Westport, WA...... One day in July... 46[deg]54'17'' N.. 124[deg]05'59'' W. The 4th of July at Pekin Ferry.. Ridgefield, WA.... One day in July... 45[deg]52'07'' N.. 122[deg]43'53'' W. Leukemia and Lymphoma Light the Portland, OR...... One day in October 45[deg]31'14'' N.. 122[deg]40'06'' W. Night Fireworks Display. ---------------------------------------------------------------------------------------------------------------- 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. The Coast Guard bases this finding on the fact that the safety zones listed will be in place for a limited period of time and are minimal in duration. 2. Impact on Small Entities Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have considered the impact of this proposed rule on small entities. 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. (1) This proposed rule may affect the following entities, some of which may be small entities: the owners and operators of vessels intending to operate in the area covered by the safety zone. The proposed rule will not have a significant economic impact on a substantial number of small entities because the safety zones will only be in effect for a limited period of time. Additionally, vessels can still transit through the zone with the permission of the Captain of the Port. Before the effective period, we will publish advisories in the Local Notice to Mariners available to users of the river. Maritime traffic will be able to schedule their transits around the safety zone. If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this proposed 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 proposed 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 [[Page 9676]] 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 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 We have analyzed this proposed rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This proposed 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 the amendment and addition of safety zones in 33 CFR 165.1315. This proposed 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; 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. 0 2. Amend Sec. 165.1315 to read as follows: Sec. 165.1315 Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone. (a) Safety Zones. The following areas are designated safety zones: Waters of the Columbia River and its tributaries, waters of the Siuslaw River, Yaquina River, and Umpqua River, and waters of the Washington and Oregon coasts, within a 450 yard radius of the launch site at the approximate locations listed in the following table: ---------------------------------------------------------------------------------------------------------------- Event name (typically) Event location Date of event Latitude Longitude ---------------------------------------------------------------------------------------------------------------- Cinco de Mayo Fireworks Display. Portland, OR...... One day in May.... 45[deg] 30'58'' N. 122[deg] 40'12'' W Portland Rose Festival Fireworks Portland, OR...... One day in May or 45[deg] 30'58'' N. 122[deg] 40'12'' W Display. June. Tri-City Chamber of Commerce Kennewick, WA..... One day in July... 46[deg] 13'37'' N. 119[deg] 08'47'' W Fireworks Display, Columbia Park. Cedco Inc. Fireworks Display.... North Bend, OR.... One day in July... 43[deg] 23'42'' N. 124[deg] 12'55'' W Astoria-Warrenton 4th of July Astoria, OR....... One day in July... 46[deg] 11'34'' N. 123[deg] 49'28'' W Fireworks. Waterfront Blues Festival Portland, OR...... One day in July... 45[deg] 30'42'' N. 122[deg] 40'14'' W Fireworks. Oregon Symphony Concert Portland, OR...... One day in August 45[deg] 30'42'' N. 122[deg] 40'14'' W Fireworks Display. or September. Florence Independence Day Florence, OR...... One day in July... 43[deg] 58'09'' N. 124[deg] 05'50'' W Celebration. Oaks Park Association........... Portland, OR...... One day in July... 45[deg] 28'22'' N. 122[deg] 39'59'' W City of Rainier/Rainier Days.... Rainier, OR....... One day in July... 46[deg] 05'46'' N. 122[deg] 56'18'' W Ilwaco July 4th Committee Ilwaco, OR........ One day in July... 46[deg] 18'17'' N. 124[deg] 02'00'' W Fireworks/Independence Day at the Port. Celebrate Milwaukie............. Milwaukie, OR..... One day in July... 45[deg] 26'33'' N. 122[deg] 38'44'' W [[Page 9677]] Splash Aberdeen Waterfront Aberdeen, WA...... One day in July... 46[deg] 58'40'' N. 123[deg] 47'45'' W Festival. City of Coos Bay July 4th Coos Bay, OR...... One day in July... 43[deg] 22'06'' N. 124[deg] 12'24'' W Celebration/Fireworks Over the Bay. Arlington 4th of July........... Arlington, OR..... One day in July... 45[deg] 43'23'' N. 120[deg] 12'11 W East County 4th of July Gresham, OR....... One day in July... 45[deg] 33'32'' N. 122[deg] 27'10'' W Fireworks. Port of Cascade Locks 4th of Cascade Locks, OR. One day in July... 45[deg] 40'15'' N. 121[deg] 53'43'' W July Fireworks Display. Astoria Regatta................. Astoria, OR....... One day in August. 46[deg] 11'34'' N. 123[deg] 49'28'' W Washougal 4th of July........... Washougal, WA..... One day in July... 45[deg] 34'32'' N. 122[deg] 22'53'' W City of St. Helens 4th of July St. Helens, OR.... One day in July... 45[deg] 51'54'' N. 122[deg] 47'26'' W Fireworks Display. Waverly Country Club 4th of July Milwaukie, OR..... One day in July... 45[deg] 27'03'' N. 122[deg] 39'18'' W Fireworks Display. Booming Bay Fireworks........... Westport, WA...... One day in July... 46[deg] 54'14'' N. 124[deg] 06'08'' W Hood River 4th of July.......... Hood River, OR.... One day in July... 45[deg] 42'58'' N. 121[deg] 30'32'' W Rufus 4th of July Fireworks..... Rufus, OR......... One day in July... 45[deg] 41'39'' N. 120[deg] 45'16'' W Newport High School Graduation Newport, OR....... One day in June... 44[deg] 36'48'' N. 124[deg] 04'10'' W Fireworks Display. Willamette Falls Heritage Oregon City, OR... One day in October 45[deg] 21'44'' N. 122[deg] 36'21'' W Festival. Winchester Bay 4th of July Winchester Bay, OR One day in July... 43[deg] 40'56'' N. 124[deg] 11'13'' W Fireworks Display. Brookings, OR July 4th Fireworks Brookings, OR..... One day in July... 42[deg] 02'39'' N. 124[deg] 16'14'' W Display. Maritime Heritage Festival...... St. Helens, OR.... One day in July... 45[deg] 51'54'' N. 122[deg] 47'26'' W Lynch Picnic.................... West Linn, OR..... One day in July... 45[deg] 23'37'' N. 122[deg] 37'52'' W Yachats 4th of July............. Yachats, OR....... One day in July... 44[deg] 18'38'' N. 124[deg] 06'27'' W Lincoln City 4th of July........ Lincoln City, OR.. One day in July... 44[deg] 55'28'' N. 124[deg] 01'31'' W July 4th Party at the Port of Gold Beach, OR.... One day in July... 42[deg] 25'30'' N. 124[deg] 25'03'' W Gold Beach. Gardiner 4th of July............ Gardiner, OR...... One day in July... 43[deg] 43'55'' N. 124[deg] 06'48'' W Huntington 4th of July.......... Huntington, OR.... One day in July... 44[deg] 18'02'' N. 117[deg] 13'33'' W Toledo Summer Festival.......... Toledo, OR........ One day in July... 44[deg] 37'08'' N. 123[deg] 56'24'' W Port Orford 4th of July......... Port Orford, OR... One day in July... 42[deg] 44'31'' N. 124[deg] 29'30'' W The Dalles Area Chamber of The Dalles, OR.... One day in July... 45[deg] 36'18'' N. 121[deg] 10'23'' W Commerce Fourth of July. Roseburg Hometown 4th of July... Roseburg, OR...... One day in July... 43[deg] 12'58'' N. 123[deg] 22'10'' W Newport 4th of July............. Newport, OR....... One day in July... 44[deg] 37'40'' N. 124[deg] 02'45'' W First Friday Milwaukie.......... Milwaukie, OR..... One day in 45[deg] 26'33'' N. 122[deg] 38'44'' W September. The Mill Casino Independence Day North Bend, OR.... One day in July... 43[deg] 23'42'' N. 124[deg] 12'55'' W Waldport 4th of July............ Waldport, OR...... One day in July... 44[deg] 25'31'' N. 124[deg] 04'44'' W Westport 100th Anniversary...... Westport, WA...... One day in June... 46[deg] 54'17'' N. 124[deg] 05'59'' W Westport 4th of July............ Westport, WA...... One day in July... 46[deg] 54'17'' N. 124[deg] 05'59'' W The 4th of July at Pekin Ferry.. Ridgefield, WA.... One day in July... 45[deg] 52'07'' N. 122[deg] 43'53'' W Leukemia and Lymphoma Light the Portland, OR...... One day in October 45[deg] 31'14'' N. 122[deg] 40'06'' W Night Fireworks Display. ---------------------------------------------------------------------------------------------------------------- (b) Special requirements. Fireworks barges or launch sites on land used in locations stated in this rule shall display a sign. The sign will be affixed to the port and starboard side of the barge or mounted on a post 3 feet above ground level when on land and in close proximity to the shoreline facing the water labeled ``FIREWORKS-DANGER-STAY AWAY.'' This will provide on-scene notice that the safety zone is, or will, be enforced on that day. This notice will consist of a diamond shaped sign, 4 foot by 4 foot, with a 3 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. An on-scene patrol vessel may enforce these safety zones at least 1 hour prior to the start and 1 hour 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 fireworks 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 Local Notice to Mariners notifying the public of activation and suspension of enforcement of these safety zones. Additionally, an on-scene Patrol Commander may be appointed to enforce the safety zones by limiting the transit of non-participating vessels in the designated areas described above. (d) Enforcement period. This rule will be enforced at least one hour before and one hour after the duration of the event each day a barge or launch site with a ``FIREWORKS-DANGER-STAY AWAY'' sign is located within any of the above designated safety zone locations and meets the criteria established in paragraphs (a), (b), and (c). (e) Regulations. In accordance with the general regulations in 33 CFR part 165, subpart C, no person may enter or remain in the safety zone created in this section or bring, cause to be brought, or allow to remain in the safety zone created in this section any vehicle, vessel, or object unless authorized by the Captain of the Port or his designated representative. The Captain of the Port [[Page 9678]] may be assisted by other Federal, State, or local agencies with the enforcement of the safety zone. (f) 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 Columbia River Command Center via telephone at (503) 861-6211. Dated: January 30, 2015. D.J. Travers, Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River. [FR Doc. 2015-03607 Filed 2-23-15; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules 9673
intra- and inter-agency agreements, the meet NLSC membership criteria and are (3) If duty requires issuance of DoD
intra- and inter-agency transfer of funds, matched to foreign language services identification (e.g., Common Access
personnel actions, and travel requirements, the NLSC program Card), such identification will be issued
requirements. manager ensures actions are initiated to to and maintained by activated NSLC
(4) Provides fiscal management and temporarily hire applicants and members in accordance with Volume 1
oversight to ensure all funds provided members for forecasted and actual of DoD Manual 1000.13, ‘‘DoD
for the NLSC are separately and visibly support requests. Identification (ID) Cards: ID Card Life-
accounted for in the DoD budget. (1) For Federal hiring, members Cycle’’ (available at http://www.dtic.mil/
(d) DoD Components heads ensure follow excepted service hiring policies whs/directives/corres/pdf/
that the use of NLSC members is in accordance with 5 U.S.C. 3109, 5 CFR 100013_vol1.pdf). Upon completion of
considered during exercise and part 304, and 32 CFR part 310, and are the assignment, the identification will
operational planning. appointed as language consultants in be retrieved in accordance with Volume
advance of participating in a support 1 of DoD Manual 1000.13.
§ 251.6 Procedures. request, in accordance with AI 2. (4) Upon completion of assignments,
(a) NLSC purpose. (1) The purpose of (2) An NLSC member who is already DoDHRA will provide post-assignment
the NLSC is to identify and provide U.S. employed by a U.S. Government agency support to members and reconcile
citizens with foreign language skills to or is under contract full-time to one funding to close project orders.
support DoD or other U.S. departments agency must receive a release from the Dated: February 18, 2015.
or agencies, in need of foreign language head of that agency or individual
Aaron Siegel,
services, for requirements of less than 1 empowered to release the employee or
Alternate OSD Federal Register Liaison
year. contractor before being employed for
Officer, Department of Defense.
(2) The NLSC will provide capable, service within the NLSC pursuant to 50
[FR Doc. 2015–03567 Filed 2–23–15; 8:45 am]
federally-hired individuals to rapidly U.S.C. 1913 and must comply with
respond to critical national needs and BILLING CODE 5001–06–P
applicable laws and regulations
assist DoD and other U.S. departments regarding compensation. Such requests
and agencies with surge or emergency will be coordinated by the NLSC with
requirements. the department or agency head DEPARTMENT OF HOMELAND
(b) NLSC membership criteria. NLSC concerned. SECURITY
members must: (3) NLSC members will be appointed
(1) Be a U.S. citizen. on an annual basis pursuant to 5 U.S.C. Coast Guard
(2) Be at least 18 years of age. 3109, 5 CFR part 304, and 32 CFR part
(3) Have satisfied Selective Service 310 to perform duties as language 33 CFR Part 165
requirements. consultants. If serving less than 130 [Docket Number USCG–2014–0300]
(4) Be proficient in English and any days in a consecutive 365 day period,
other language. RIN 1625–AA00
they will be considered SGEs as defined
(c) NLSC member recruitment. The in 18 U.S.C. 202. Concurrent Safety Zones; Fireworks Displays in
NLSC program manager will oversee appointments as an SGE may be held the Sector Columbia River Captain of
recruitment of members. NLSC with other DoD Components or in the Port Zone
maintains a registry of individuals who another federal agency.
have applied or been accepted for (4) The NLSC program manager will AGENCY: Coast Guard, DHS.
membership and responds to requests track the number of days each NLSC ACTION:Supplemental notice of
for foreign language services by member performed services and the proposed rulemaking.
searching the registry to identify total amount paid to each NLSC member
individuals who can provide support. within the 365 day period after the SUMMARY: The Coast Guard proposes to
NLSC collects applicant information NLSC member’s appointment. establish twenty three new fireworks
through electronically available DD (e) NLSC member activation. display safety zones at various locations
forms (located at the DoD Forms Activation encompasses all aspects of in the Sector Columbia River Captain of
Management Program Web site at matching and hiring NLSC members to the Port zone. The Coast Guard
http://www.dtic.mil/whs/directives/ perform short-term temporary previously published a notice of
infomgt/forms/formsprogram.htm.) or assignments to provide foreign language proposed rulemaking with respect to
comparable web-based applications: services. Under NLSC program manager this proposed rule on June 18, 2014.
(1) DD Form 2932. Contains a brief set oversight: This supplemental notice of proposed
of screening questions and is used to (1) Customer requirements are rulemaking changes the proposed
determine basic eligibility for NLSC matched with skills of NLSC members regulation in the following respects.
membership. and support is requested from DoDHRA First, the Coast Guard proposes to
(2) DD Form 2933. A language to process necessary agreements, amend the regulatory text to clarify that
screening tool to evaluate the funding documents, and personnel the coordinates for all safety zones
applicant’s skills with respect to actions to provide foreign language addressed by the proposed rule are
specific tasks. DD Form 2933 is used in services. In accordance with paragraph approximate. Second, the Coast Guard
conjunction with the screening of (d)(3) of this section, NLSC members are proposes to make corrections to the
language skills for entry into the NLSC. temporarily hired as DoD employees. location of nine existing and ten new
fireworks events in the Sector Columbia
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(3) DD Form 2934. Provides an overall (2) NLSC members are prepared for
assessment of the applicant’s foreign activation. If members are to be River Captain of the Port zone. Third,
language ability. DD Form 2934 is also mobilized out of their home area, travel the Coast Guard will be removing a
used in conjunction with the screening order requests are initiated. During the duplicate entry of the Hood River 4th of
of detailed skills for entry into the assignment, action will be taken to July event.
NLSC. coordinate with members and clients, DATES: Comments and related material
(d) NLSC member appointment as and assess success with the requesting must be received by the Coast Guard on
Federal employees. Where applicants agency upon completion. or before March 26, 2015.
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![9674 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules
Requests for public meetings must be of these means. If you submit a for one on or before March 3, 2015,
received by the Coast Guard on or before comment online, it will be considered using one of the methods specified
March 3, 2015. received by the Coast Guard when you under ADDRESSES. Please explain why
ADDRESSES: You may submit comments successfully transmit the comment. If you believe a public meeting would be
identified by docket number USCG– you fax, hand deliver, or mail your beneficial. If we determine that one
2014–0300 using any one of the comment, it will be considered as would aid this rulemaking, we will hold
following methods: having been received by the Coast one at a time and place announced by
(1) Federal eRulemaking Portal: Guard when it is received at the Docket a later notice in the Federal Register.
http://www.regulations.gov Management Facility. We recommend
B. Regulatory History and Information
(2) Fax: 202–493–2251. that you include your name and a
(3) Mail or Delivery: Docket mailing address, an email address, or a A Notice of Proposed Rulemaking
Management Facility (M–30), U.S. telephone number in the body of your (NPRM) entitled ‘‘Safety Zones;
Department of Transportation, West document so that we can contact you if Fireworks Displays in the Sector
Building Ground Floor, Room W12–140, we have questions regarding your Columbia River Captain of the Port
1200 New Jersey Avenue SE., submission. Zone’’ was published in the Federal
Washington, DC 20590–0001. Deliveries To submit your comment online, go to Register on June 18, 2014 with the
accepted between 9 a.m. and 5 p.m., http://www.regulations.gov, type the comment period ending on July 18,
Monday through Friday, except Federal docket number [USCG–2014–0300] in 2014 (see 79 FR 34669). We did not
holidays. The telephone number is 202– the ‘‘SEARCH’’ box and click receive any comments on the proposed
366–9329. ‘‘SEARCH.’’ Click on ‘‘Submit a rule and did not receive any requests for
See the ‘‘Public Participation and Comment’’ on the line associated with a public meeting. A public meeting was
Request for Comments’’ portion of the this rulemaking. not held. While creating the final rule,
SUPPLEMENTARY INFORMATION section If you submit your comments by mail we determined that additional language
below for further instructions on or hand delivery, submit them in an should be added to the regulation in
submitting comments. To avoid unbound format, no larger than 81⁄2 by order to clarify that the coordinates for
duplication, please use only one of 11 inches, suitable for copying and the locations of the fireworks display
these three methods. electronic filing. If you submit safety zones are approximate.
FOR FURTHER INFORMATION CONTACT: If comments by mail and would like to Additionally, we found inconsistencies
you have questions on this rule, call or know that they reached the Facility, in the coordinates provided in the
email LT Sean Morrison, Waterways please enclose a stamped, self-addressed published NPRM for nineteen of the
Management Division, Marine Safety postcard or envelope. We will consider fireworks displays. With this SNPRM
Unit Portland, Coast Guard; telephone all comments and material received we are proposing to amend these
503–240–9319, email msupdxwwm@ during the comment period and may coordinates. The inconsistencies found
uscg.mil. If you have questions on change the rule based on your were in relation to the location of the
viewing or submitting material to the comments. safety zones for the following fireworks
docket, call Cheryl Collins, Program events: Cinco de Mayo, Tri-City
2. Viewing Comments and Documents Chamber of Commerce, Cedco Inc.,
Manager, Docket Operations, telephone
(202) 366–9826. To view comments, as well as Florence Independence Day Celebration,
documents mentioned in this preamble Ilwaco July 4th Independence Day at the
SUPPLEMENTARY INFORMATION:
as being available in the docket, go to Port, East County 4th of July, City of St.
Table of Acronyms http://www.regulations.gov type the Helens 4th of July, Hood River 4th of
docket number [USCG–2014–0300] in July, Rufus 4th of July, Maritime
DHS Department of Homeland Security
FR Federal Register the ‘‘SEARCH’’ box and click Heritage Festival, Lynch Picnic, July 4th
NPRM Notice of Proposed Rulemaking ‘‘SEARCH.’’ Click on Open Docket Party at the Port of Gold Beach,
SNPRM Supplemental Notice of Proposed Folder on the line associated with this Roseburg Hometown 4th of July,
Rulemaking rulemaking. You may also visit the Newport 4th of July, The Mill Casino
Docket Management Facility in Room Independence Day, Westport 100th
A. Public Participation and Request for Anniversary, Westport 4th of July, The
Comments W12–140 on the ground floor of the
Department of Transportation West 4th of July at Pekin Ferry, and the
We encourage you to participate in Building, 1200 New Jersey Avenue SE., Leukemia and Lymphoma Light the
this rulemaking by submitting Washington, DC 20590, between 9 a.m. Night. Additionally, we found a
comments and related materials. All and 5 p.m., Monday through Friday, duplicate entry for the Hood River 4th
comments received will be posted except Federal holidays. of July event.
without change to http://
www.regulations.gov and will include 3. Privacy Act C. Basis and Purpose
any personal information you have Anyone can search the electronic The legal basis for this proposed rule
provided. form of comments received into any of is: 33 U.S.C. 1231; 46 U.S.C. Chapter
our dockets by the name of the 701, 3306, 3703; 50 U.S.C. 191, 195; 33
1. Submitting Comments CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
individual submitting the comment (or
If you submit a comment, please signing the comment, if submitted on Public Law 107–295, 116 Stat. 2064; and
include the docket number for this behalf of an association, business, labor Department of Homeland Security
tkelley on DSK3SPTVN1PROD with PROPOSALS
rulemaking, indicate the specific section union, etc.). You may review a Privacy Delegation No. 0170.1., which
of this document to which each Act notice regarding our public dockets collectively authorize the Coast Guard
comment applies, and provide a reason in the January 17, 2008, issue of the to establish regulatory safety zones for
for each suggestion or recommendation. Federal Register (73 FR 3316). safety and environmental purposes.
You may submit your comments and The proposed safety zones are being
material online at http:// 4. Public Meeting implemented to help ensure the safe
www.regulations.gov, or by fax, mail, or We do not plan on holding a public navigation of maritime traffic in the
hand delivery, but please use only one meeting. But you may submit a request Sector Columbia River Area of
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![9678 Federal Register / Vol. 80, No. 36 / Tuesday, February 24, 2015 / Proposed Rules
may be assisted by other Federal, State, FOR FURTHER INFORMATION CONTACT: Mr. submitted updated regulations for
or local agencies with the enforcement Rick Barrett, (214) 665–7227; email: receiving delegation of Environmental
of the safety zone. barrett.richard@epa.gov. Protection Agency (EPA) authority for
(f) Authorization. All vessel operators SUPPLEMENTARY INFORMATION: In the implementation and enforcement of
who desire to enter the safety zone must final rules section of this Federal National Emission Standards for
obtain permission from the Captain of Register, EPA is approving LDEQ’s Hazardous Air Pollutants (NESHAP) for
the Port or Designated Representative by request for delegation of authority to all sources (both part 70 and non-part 70
contacting either the on-scene patrol implement and enforce certain NSPS sources). The delegation of authority
craft on VHF Ch 13 or Ch 16 or the and NESHAP for all sources (both part under this action does not apply to
Coast Guard Sector Columbia River 70 and non-part 70 sources). LDEQ has sources located in Indian Country. EPA
Command Center via telephone at (503) adopted certain NSPS and NESHAP by is providing notice that it is taking
861–6211. reference into Louisiana’s state direct final action to approve the
Dated: January 30, 2015. regulations. In addition, EPA is waiving delegation of certain NESHAPs to
D.J. Travers, its notification requirements so sources ODEQ.
Captain, U.S. Coast Guard, Captain of the will only need to send notifications and DATES: Written comments on this
Port, Sector Columbia River. reports to LDEQ. proposed rule must be received on or
[FR Doc. 2015–03607 Filed 2–23–15; 8:45 am] The EPA is taking direct final action before March 26, 2015.
BILLING CODE 9110–04–P without prior proposal because EPA
views this as a noncontroversial action ADDRESSES: Comments may be mailed to
and anticipates no adverse comments. A Mr. Rick Barrett, Air Permits Section
detailed rationale for this approval is set (6PD–R), Environmental Protection
ENVIRONMENTAL PROTECTION
forth in the preamble to the direct final Agency, 1445 Ross Avenue, Suite 1200,
AGENCY
rule. If no relevant adverse comments Dallas, Texas 75202–2733. Comments
40 CFR Parts 60, 61, and 63 are received in response to this action, may also be submitted electronically or
no further activity is contemplated. If through hand delivery/courier by
[EPA–R06–OAR–2010–1054; FRL–9923–10- following the detailed instructions in
EPA receives relevant adverse
Region 6] the ADDRESSES section of the direct final
comments, the direct final rule will be
withdrawn, and all public comments rule located in the rules section of this
New Source Performance Standards
received will be addressed in a Federal Register.
and National Emission Standards for
Hazardous Air Pollutants; Delegation subsequent final rule based on this FOR FURTHER INFORMATION CONTACT: Mr.
of Authority to Louisiana proposed rule. EPA will not institute a Rick Barrett, (214) 665–7227; email:
second comment period. Any parties barrett.richard@epa.gov.
AGENCY: Environmental Protection interested in commenting must do so at
Agency (EPA). this time. If EPA receives relevant SUPPLEMENTARY INFORMATION: In the
ACTION: Proposed rule. adverse comment on an amendment, final rules section of this Federal
paragraph, or section of the rule and if Register, EPA is approving ODEQ’s
SUMMARY: The Louisiana Department of that provision may be severed from the request for delegation of authority to
Environmental Quality (LDEQ) has remainder of the rule, EPA may adopt implement and enforce certain NESHAP
submitted updated regulations for as final those provisions of the rule that for all sources (both part 70 and non-
receiving delegation of Environmental are not the subject of an adverse part 70 sources). ODEQ has adopted
Protection Agency (EPA) authority for comment. certain NESHAPs by reference into
implementation and enforcement of For additional information, see the Oklahoma’s state regulations. In
New Source Performance Standards direct final rule which is located in the addition, EPA is waiving its notification
(NSPS) and National Emission Rules section of this Federal Register. requirements so sources will only need
Standards for Hazardous Air Pollutants to send notifications and reports to
(NESHAP) for all sources (both part 70 Dated: January 28, 2015.
ODEQ. The EPA is taking direct final
and non-part 70 sources). The Samuel Coleman,
action without prior proposal because
delegation of authority under this action Acting Regional Administrator, Region 6.
EPA views this as a noncontroversial
does not apply to sources located in [FR Doc. 2015–03731 Filed 2–23–15; 8:45 am] action and anticipates no adverse
Indian Country. EPA is providing notice BILLING CODE 6560–50–P comments. A detailed rationale for this
that it is updating the delegation of approval is set forth in the preamble to
certain NSPS to LDEQ and taking direct the direct final rule. If no relevant
final action to approve the delegation of ENVIRONMENTAL PROTECTION adverse comments are received in
certain NESHAPs to LDEQ. AGENCY response to this action, no further
DATES: Written comments on this activity is contemplated. If EPA receives
proposed rule must be received on or 40 CFR Parts 61 and 63
relevant adverse comments, the direct
before March 26, 2015. [EPA–R06–OAR–2008–0063; FRL–9923–20- final rule will be withdrawn, and all
ADDRESSES: Comments may be mailed to Region 6] public comments received will be
Mr. Rick Barrett, Air Permits Section addressed in a subsequent final rule
(6PD–R), Environmental Protection National Emission Standards for based on this proposed rule. EPA will
Hazardous Air Pollutants; Delegation
tkelley on DSK3SPTVN1PROD with PROPOSALS
Agency, 1445 Ross Avenue, Suite 1200, not institute a second comment period.
Dallas, Texas 75202–2733. Comments of Authority to Oklahoma Any parties interested in commenting
may also be submitted electronically or AGENCY: Environmental Protection must do so at this time. If EPA receives
through hand delivery/courier by Agency (EPA). relevant adverse comment on an
following the detailed instructions in ACTION: Proposed rule. amendment, paragraph, or section of the
the ADDRESSES section of the direct final rule and if that provision may be
rule located in the rules section of this SUMMARY:The Oklahoma Department of severed from the remainder of the rule,
Federal Register. Environmental Quality (ODEQ) has EPA may adopt as final those provisions
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Document Created: 2015-12-18 13:23:01
Document Modified: 2015-12-18 13:23:01
| 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 | Supplemental notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before March 26, 2015. | |
| Contact | If you have questions on this rule, call or email LT Sean Morrison, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826. | |
| FR Citation | 80 FR 9673 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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