82_FR_16388 82 FR 16325 - Federal Oil and Gas and Federal and Indian Coal Valuation

82 FR 16325 - Federal Oil and Gas and Federal and Indian Coal Valuation

DEPARTMENT OF THE INTERIOR
Office of Natural Resources Revenue

Federal Register Volume 82, Issue 63 (April 4, 2017)

Page Range16325-16327
FR Document2017-06600

The Office of Natural Resources Revenue (ONRR) requests comments and suggestions from affected parties and the interested public on whether revisions to the regulations governing the valuation, for royalty purposes, of oil and gas produced from Federal onshore and offshore leases and coal produced from Federal and Indian leases, are needed and, if so, what specific revisions should be considered. On July 1, 2016, ONRR published a final rule, Consolidated Federal Oil and Gas and Federal and Indian Coal Valuation Reform (2017 Valuation Rule). ONRR subsequently stayed the effective date of that rule pending resolution of litigation. As a result of the stay, the regulations in effect prior to January 1, 2017 (``pre-existing regulations'') remain in effect. In a separate notice, ONRR is seeking comments on a proposed rule to repeal the 2017 Valuation Rule to maintain the status quo in which the pre-existing regulations remain in effect while ONRR reconsiders whether changes made by the 2017 Valuation Rule are needed or appropriate.

Federal Register, Volume 82 Issue 63 (Tuesday, April 4, 2017) 
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Proposed Rules]
[Pages 16325-16327]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06600]


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DEPARTMENT OF THE INTERIOR

Office of Natural Resources Revenue

30 CFR Parts 1202 and 1206

[Docket No. ONRR-2017-0002; DS63644000 DR2000000.CH7000 178D0102R2]
RIN 1012-AA21


Federal Oil and Gas and Federal and Indian Coal Valuation

AGENCY: Office of Natural Resources Revenue (ONRR), Interior.

ACTION: Advance Notice of Proposed Rulemaking (ANPRM).

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SUMMARY: The Office of Natural Resources Revenue (ONRR) requests 
comments and suggestions from affected parties and the interested 
public on whether revisions to the regulations governing the valuation, 
for royalty purposes, of oil and gas produced from Federal onshore and 
offshore leases and coal produced from Federal and Indian leases, are 
needed and, if so, what specific revisions should be considered. On 
July 1, 2016, ONRR published a final rule, Consolidated Federal Oil and 
Gas and Federal and Indian Coal Valuation Reform (2017 Valuation Rule). 
ONRR subsequently stayed the effective date of that rule pending 
resolution of litigation. As a result of the stay, the regulations in 
effect prior to January 1, 2017 (``pre-existing regulations'') remain 
in effect. In a separate notice, ONRR is seeking comments on a proposed 
rule to repeal the 2017 Valuation Rule to maintain the status quo in 
which the pre-existing regulations remain in effect while ONRR 
reconsiders whether changes made by the 2017 Valuation Rule are needed 
or appropriate.

DATES: You must submit your comments by May 4, 2017.

ADDRESSES: You may submit comments to ONRR on this ANPRM by any of the 
following methods. Please reference the Regulation Identifier Number 
(RIN) 1012-AA21 in your comments.
     Electronically: Go to http://www.regulations.gov. In the 
entry titled ``Enter Keyword or ID,'' enter ``ONRR-2017-0002,'' then 
click ``Search.'' Follow the instructions to submit public comments. We 
will post all comments.
     Email comments to Luis Aguilar, Regulatory Specialist, at 
Luis.Aguilar@onrr.gov.

[[Page 16326]]

     Hand-carry or mail comments, using an overnight courier 
service, to the Office of Natural Resources Revenue, Building 53, 
Entrance E-20, Denver Federal Center, West 6th Ave. and Kipling St., 
Denver, Colorado 80225.

FOR FURTHER INFORMATION CONTACT: For questions on procedural issues, 
contact Luis Aguilar, Regulatory Specialist, ONRR, at (303) 231-3418 or 
email to Luis.Aguilar@onrr.gov. For questions on technical issues, 
contact Michael DeBerard, Asset Valuation, ONRR, at (303) 231-3884 or 
email to Michael.DeBerard@onrr.gov.

SUPPLEMENTARY INFORMATION:

I. Background

    The Secretary of the Interior's authority to establish the value of 
Federal oil and gas production through regulations is contained in the 
mineral leasing statutes (43 U.S.C. 1334; 30 U.S.C. 189 and 359). 
Likewise, the Secretary of the Interior's authority to establish the 
value of Federal and Indian coal production through regulations is 
contained in the Indian Mineral Leasing Act of 1938, the Mineral 
Leasing Act, and the Mineral Leasing Act for Acquired Lands (25 U.S.C. 
396d; 30 U.S.C. 189 and 359). In addition, virtually all Federal oil 
and gas and Federal and Indian coal leases expressly reserve to the 
Secretary the authority to establish the reasonable value of production 
or provide that the royalty value be set by regulation.
    The 2017 Valuation Rule addressed Federal oil and gas and Federal 
and Indian coal valuation in one rulemaking. The 2017 Valuation Rule 
sought to (1) offer greater simplicity, certainty, clarity, and 
consistency in product valuation for mineral lessees and mineral 
revenue recipients; (2) ensure that Indian mineral lessors receive the 
maximum revenues from coal resources on their land, consistent with the 
Secretary's trust responsibility and lease terms; (3) decrease lessees' 
cost of compliance and ONRR's cost to ensure compliance; and (4) 
provide early certainty to ONRR and stakeholders. Whether the 2017 
Valuation Rule is repealed or retained, ONRR seeks to accomplish the 
goals outlined in that rulemaking. For additional information, see 81 
FR 43338, dated July 1, 2016.
    This ANPRM is intended to solicit comments and suggestions for two 
possible scenarios. If the 2017 Valuation Rule is repealed, ONRR seeks 
comments regarding whether a new valuation rule is needed and, if so, 
what particular issues the new valuation rule should address. 
Alternatively, if the 2017 Valuation Rule is not repealed, ONRR is 
seeking comments as to what changes should be made to ONRR's valuation 
regulations in 30 CFR parts 1202 and 1206, as amended by the 2017 
Valuation Rule. Please segregate comments to each of these two 
scenarios.
    Soliciting comments and involving all affected stakeholders early 
in the rulemaking process are the hallmarks of good government and 
smart business practice. The purpose of this rulemaking process is to 
provide regulations that would (1) offer greater simplicity, certainty, 
clarity, and consistency in production valuation for mineral lessees 
and mineral revenue recipients; (2) be easy to understand; (3) decrease 
industry's cost of compliance; and (4) provide early certainty to 
industry, ONRR, and stakeholders.

II. Public Comment Procedures

    ONRR is not obligated to consider comments that we receive after 
the close of the comment period for this ANPRM, or comments that are 
delivered to an address other than those listed in the ADDRESSES 
section of this notice. After the comment period for this ANPRM closes, 
ONRR will review all comment submissions. Upon consideration, ONRR may 
publish a notice of proposed rulemaking.

A. Written Comment Guidelines

    We are particularly interested in receiving comments and 
suggestions about the topics identified in section III, Description of 
Information Requested. Your written comments should: (1) Be specific; 
(2) explain the reason for your comments and suggestions; (3) address 
the issues outlined in this notice; and (4) where possible, refer to 
the specific provision, section, or paragraph of statutory law, case 
law, lease term, or existing regulations that you are addressing.
    The comments and recommendations that are most useful and have 
greater likelihood of influencing decisions on the content of a 
possible future proposed rule are: (1) Comments and recommendations 
supported by quantitative information or studies; and (2) comments that 
include citations to, and analyses of, the applicable laws, lease 
terms, and regulations.

B. Public Availability of Comments

    Before including your address, phone number, email address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

III. Description of Information Requested

    We are interested in submission of proposals that will lead to 
improved efficiencies for lessees, ONRR, and other stakeholders. In 
considering proposed changes to the existing Federal oil and gas 
royalty valuation regulations at 30 CFR parts 1202 and 1206, we have 
three goals in mind, as follows:
     Provide clear regulations that are understandable and 
consistent with fulfilling the Secretary's responsibility to ensure 
fair value for the public's resources.
     Provide valuation methods that are as efficient as 
practicable for lessees to use.
     Provide early certainty that correct payment has been 
made.
    As discussed above, ONRR requests comments on two possible 
scenarios pending the outcome of the proposed rule to repeal the 2017 
Valuation Rule. We recognize the outcome of the proposed rule to repeal 
the 2017 Valuation Rule may not be known by the closing date of this 
ANPRM. Therefore, we encourage commenters to consider both of the two 
possible outcomes of that rulemaking when preparing their submissions 
as follows.
    1. If the 2017 Valuation Rule is repealed, ONRR requests comments 
regarding whether a new rulemaking would be beneficial or is necessary. 
If commenters believe that a new rulemaking would be beneficial, ONRR 
requests comments regarding specific changes to the Federal oil and gas 
and Federal and Indian coal valuation regulations.
    2. If the 2017 Valuation Rule is not repealed, ONRR requests 
comments regarding whether potential changes to the 2017 Valuation Rule 
are needed. Possible topics include, but are not limited to:
     Whether ONRR should have one rule addressing Federal oil 
and gas and Federal and Indian coal valuation, or separate rulemakings.
     How best to value non-arm's-length coal sales and/or sales 
between affiliates.
     Whether ONRR should update the valuation regulations 
governing non-arm's-length dispositions of Federal gas, and if so, how.
     Whether ONRR should address marketable condition and/or 
unbundling, and if so, how.

[[Page 16327]]

     Whether ONRR should have a default provision clarifying 
how ONRR will exercise Secretarial authority to determine value for 
royalty purposes in cases where there is misconduct, breach of duty to 
market, or ONRR cannot otherwise verify value. Other potential 
valuation methods or necessary changes to ONRR valuation regulations.
    ONRR appreciates your participation and looks forward to receiving 
your comments.

    Dated: March 30, 2017.
Amy Holley,
Acting Assistant Secretary for Policy, Management and Budget.
[FR Doc. 2017-06600 Filed 4-3-17; 8:45 am]
 BILLING CODE 4335-30-P

Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules 16325 ambiguity and to write them to not involved in any of the extraordinary Dated: March 30, 2017. minimize litigation. circumstances listed in 43 CFR 46.215 Amy Holley, b. Would meet the criteria of § 3(b)(2), that would require further analysis Acting Assistant Secretary for Policy, which requires that we write all under NEPA. The procedural changes Management and Budget. regulations in clear language using clear resulting from the repeal of the 2017 [FR Doc. 2017–06617 Filed 4–3–17; 8:45 am] legal standards. Valuation Rule would have no BILLING CODE 4335–30–P 9. Consultation With Indian Tribal consequences on the physical Governments (E.O. 13175) environment. This proposed rule would not alter, in any material way, natural DEPARTMENT OF THE INTERIOR The Department strives to strengthen resources exploration, production, or its government-to-government transportation. Office of Natural Resources Revenue relationship with the Indian Tribes through a commitment to consultation 12. Effects on the Energy Supply (E.O. 30 CFR Parts 1202 and 1206 with the Indian Tribes and recognition 13211) [Docket No. ONRR–2017–0002; DS63644000 of their right to self-governance and This proposed rule would not be a DR2000000.CH7000 178D0102R2] Tribal sovereignty. Under the significant energy action under the Department’s consultation policy and RIN 1012–AA21 definition in E.O. 13211, and, therefore, the criteria in E.O. 13175, we evaluated would not require a Statement of Energy Federal Oil and Gas and Federal and this proposed rule and determined that Effects. Indian Coal Valuation it would potentially affect Federally- recognized Indian Tribes. We 13. Clarity of This Regulation AGENCY: Office of Natural Resources determined that this rule would restore Revenue (ONRR), Interior. the historical valuation methodology for Executive Orders 12866 (section ACTION: Advance Notice of Proposed coal produced from Indian leases. Our 1(b)(12)), 12988 (section 3(b)(1)(B)), and Rulemaking (ANPRM). previous and planned activities include: 13563 (section 1(a)), and the (a) As described in the 2017 Valuation Presidential Memorandum of June 1, SUMMARY: The Office of Natural Rule under Procedural Matters, item 9, 1998, would require us to write all rules Resources Revenue (ONRR) requests at 81 FR 43368, we consulted with the in Plain Language. This means that each comments and suggestions from affected affected Tribes on a government-to- rule that we publish must: (a) Have parties and the interested public on government basis in preparing the 2017 logical organization; (b) use the active whether revisions to the regulations Valuation Rule. We also will consult voice to address readers directly; (c) use governing the valuation, for royalty with the affected Tribes about potential clear language rather than jargon; (d) use purposes, of oil and gas produced from repeal of the 2017 Valuation Rule. short sections and sentences; and (e) use Federal onshore and offshore leases and (b) We will fully consider Tribal lists and tables wherever possible. coal produced from Federal and Indian views in the final rule. If you feel that we have not met these leases, are needed and, if so, what requirements, send your comments to specific revisions should be considered. 10. Paperwork Reduction Act On July 1, 2016, ONRR published a final armand.southall@onrr.gov. To better This proposed rule: help us revise this rule, make your rule, Consolidated Federal Oil and Gas (a) Does not contain any new comments as specific as possible. For and Federal and Indian Coal Valuation information collection requirements. example, you should tell us the Reform (2017 Valuation Rule). ONRR (b) Does not require a submission to numbers of the sections or paragraphs subsequently stayed the effective date of OMB under the Paperwork Reduction that you think we wrote unclearly, that rule pending resolution of Act of 1995 (44 U.S.C. 3501 et seq). See which sections or sentences are too litigation. As a result of the stay, the 5 CFR 1320.4(a)(2). regulations in effect prior to January 1, long, the sections where you feel lists or This proposed rule, if promulgated as 2017 (‘‘pre-existing regulations’’) remain tables would be useful, etc. a final rule, will leave in tack the in effect. In a separate notice, ONRR is information collection requirements that 14. Public Availability of Comments seeking comments on a proposed rule to OMB already approved under OMB repeal the 2017 Valuation Rule to Control Numbers 1012–0004, 1012– Before including your address, phone maintain the status quo in which the 0005, and 1012–0010. number, email address, or other pre-existing regulations remain in effect personal identifying information in your while ONRR reconsiders whether 11. National Environmental Policy Act comment, you should be aware that changes made by the 2017 Valuation of 1969 (NEPA) your entire comment—including your Rule are needed or appropriate. This proposed rule would not personal identifying information—may DATES: You must submit your comments constitute a major Federal action, be made publicly available at any time. by May 4, 2017. significantly affecting the quality of the While you can ask us, in your comment, ADDRESSES: You may submit comments human environment. We are not to withhold your personal identifying to ONRR on this ANPRM by any of the required to provide a detailed statement information from public view, we following methods. Please reference the under NEPA because this rule qualifies cannot guarantee that we will be able to Regulation Identifier Number (RIN) for categorically exclusion under 43 do so. 1012–AA21 in your comments. CFR 46.210(i) in that this is ‘‘. . . of an List of Subjects in 30 CFR Parts 1202 • Electronically: Go to http:// nlaroche on DSK30NT082PROD with PROPOSALS administrative, financial, legal, and 1206 www.regulations.gov. In the entry titled technical, or procedural nature. . . .’’ ‘‘Enter Keyword or ID,’’ enter ‘‘ONRR– This rule also qualifies for categorically Coal, Continental shelf, Government 2017–0002,’’ then click ‘‘Search.’’ exclusion under Departmental Manual, contracts, Indian lands, Mineral Follow the instructions to submit public part 516, section 15.4.(C)(1) in that its royalties, Natural gas, Oil, Oil and gas comments. We will post all comments. impacts are limited to administrative, exploration, Public lands—mineral • Email comments to Luis Aguilar, economic, or technological effects. We resources, Reporting and recordkeeping Regulatory Specialist, at Luis.Aguilar@ also have determined that this rule is requirements. onrr.gov. VerDate Sep<11>2014 15:42 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1

16326 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules • Hand-carry or mail comments, address. Alternatively, if the 2017 While you can ask us in your comment using an overnight courier service, to Valuation Rule is not repealed, ONRR is to withhold your personal identifying the Office of Natural Resources seeking comments as to what changes information from public review, we Revenue, Building 53, Entrance E–20, should be made to ONRR’s valuation cannot guarantee that we will be able to Denver Federal Center, West 6th Ave. regulations in 30 CFR parts 1202 and do so. and Kipling St., Denver, Colorado 1206, as amended by the 2017 Valuation III. Description of Information 80225. Rule. Please segregate comments to each Requested FOR FURTHER INFORMATION CONTACT: For of these two scenarios. Soliciting comments and involving all We are interested in submission of questions on procedural issues, contact affected stakeholders early in the proposals that will lead to improved Luis Aguilar, Regulatory Specialist, rulemaking process are the hallmarks of efficiencies for lessees, ONRR, and other ONRR, at (303) 231–3418 or email to good government and smart business stakeholders. In considering proposed Luis.Aguilar@onrr.gov. For questions on practice. The purpose of this rulemaking changes to the existing Federal oil and technical issues, contact Michael process is to provide regulations that gas royalty valuation regulations at 30 DeBerard, Asset Valuation, ONRR, at would (1) offer greater simplicity, CFR parts 1202 and 1206, we have three (303) 231–3884 or email to certainty, clarity, and consistency in goals in mind, as follows: Michael.DeBerard@onrr.gov. production valuation for mineral lessees • Provide clear regulations that are SUPPLEMENTARY INFORMATION: and mineral revenue recipients; (2) be understandable and consistent with I. Background easy to understand; (3) decrease fulfilling the Secretary’s responsibility The Secretary of the Interior’s industry’s cost of compliance; and (4) to ensure fair value for the public’s authority to establish the value of provide early certainty to industry, resources. Federal oil and gas production through ONRR, and stakeholders. • Provide valuation methods that are regulations is contained in the mineral II. Public Comment Procedures as efficient as practicable for lessees to leasing statutes (43 U.S.C. 1334; 30 use. ONRR is not obligated to consider • Provide early certainty that correct U.S.C. 189 and 359). Likewise, the comments that we receive after the close Secretary of the Interior’s authority to payment has been made. of the comment period for this ANPRM, As discussed above, ONRR requests establish the value of Federal and or comments that are delivered to an Indian coal production through comments on two possible scenarios address other than those listed in the pending the outcome of the proposed regulations is contained in the Indian ADDRESSES section of this notice. After Mineral Leasing Act of 1938, the rule to repeal the 2017 Valuation Rule. the comment period for this ANPRM We recognize the outcome of the Mineral Leasing Act, and the Mineral closes, ONRR will review all comment Leasing Act for Acquired Lands (25 proposed rule to repeal the 2017 submissions. Upon consideration, Valuation Rule may not be known by U.S.C. 396d; 30 U.S.C. 189 and 359). In ONRR may publish a notice of proposed addition, virtually all Federal oil and the closing date of this ANPRM. rulemaking. Therefore, we encourage commenters to gas and Federal and Indian coal leases expressly reserve to the Secretary the A. Written Comment Guidelines consider both of the two possible authority to establish the reasonable We are particularly interested in outcomes of that rulemaking when value of production or provide that the receiving comments and suggestions preparing their submissions as follows. royalty value be set by regulation. about the topics identified in section III, 1. If the 2017 Valuation Rule is The 2017 Valuation Rule addressed Description of Information Requested. repealed, ONRR requests comments Federal oil and gas and Federal and Your written comments should: (1) Be regarding whether a new rulemaking Indian coal valuation in one specific; (2) explain the reason for your would be beneficial or is necessary. If rulemaking. The 2017 Valuation Rule comments and suggestions; (3) address commenters believe that a new sought to (1) offer greater simplicity, the issues outlined in this notice; and rulemaking would be beneficial, ONRR certainty, clarity, and consistency in (4) where possible, refer to the specific requests comments regarding specific product valuation for mineral lessees provision, section, or paragraph of changes to the Federal oil and gas and and mineral revenue recipients; (2) statutory law, case law, lease term, or Federal and Indian coal valuation ensure that Indian mineral lessors existing regulations that you are regulations. receive the maximum revenues from addressing. 2. If the 2017 Valuation Rule is not coal resources on their land, consistent The comments and recommendations repealed, ONRR requests comments with the Secretary’s trust responsibility that are most useful and have greater regarding whether potential changes to and lease terms; (3) decrease lessees’ likelihood of influencing decisions on the 2017 Valuation Rule are needed. cost of compliance and ONRR’s cost to the content of a possible future Possible topics include, but are not ensure compliance; and (4) provide proposed rule are: (1) Comments and limited to: early certainty to ONRR and recommendations supported by • Whether ONRR should have one stakeholders. Whether the 2017 quantitative information or studies; and rule addressing Federal oil and gas and Valuation Rule is repealed or retained, (2) comments that include citations to, Federal and Indian coal valuation, or ONRR seeks to accomplish the goals and analyses of, the applicable laws, separate rulemakings. outlined in that rulemaking. For lease terms, and regulations. • How best to value non-arm’s-length additional information, see 81 FR coal sales and/or sales between nlaroche on DSK30NT082PROD with PROPOSALS 43338, dated July 1, 2016. B. Public Availability of Comments affiliates. This ANPRM is intended to solicit Before including your address, phone • Whether ONRR should update the comments and suggestions for two number, email address, or other valuation regulations governing non- possible scenarios. If the 2017 Valuation personal identifying information in your arm’s-length dispositions of Federal gas, Rule is repealed, ONRR seeks comments comment, you should be aware that and if so, how. regarding whether a new valuation rule your entire comment—including your • Whether ONRR should address is needed and, if so, what particular personal identifying information—may marketable condition and/or issues the new valuation rule should be made publicly available at any time. unbundling, and if so, how. VerDate Sep<11>2014 15:42 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1

Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules 16327 • Whether ONRR should have a SUPPLEMENTARY INFORMATION section for COTP Key West or a designated default provision clarifying how ONRR further instructions on submitting representative. The proposed regulatory will exercise Secretarial authority to comments. text appears at the end of this determine value for royalty purposes in FOR FURTHER INFORMATION CONTACT: If document. cases where there is misconduct, breach you have questions on this proposed Notice of enforcement and suspension of duty to market, or ONRR cannot rulemaking, call or email Lieutenant of enforcement will be made by all otherwise verify value. Other potential Scott Ledee, Waterways Management appropriate means to affect the widest valuation methods or necessary changes Division Chief, Sector Key West, FL, distribution among the affected to ONRR valuation regulations. U.S. Coast Guard; telephone (305) 292– segments of the public. Such means of ONRR appreciates your participation 8768, email Scott.G.Ledee@uscg.mil. notification may include, but are not and looks forward to receiving your limited to, Broadcast Notice to Mariners, SUPPLEMENTARY INFORMATION: comments. Local Notice to Mariners, or notices on Dated: March 30, 2017. I. Table of Abbreviations the U. S. Coast Guard Homeport Web site. Amy Holley, COTP Captain of the Port Acting Assistant Secretary for Policy, CFR Code of Federal Regulations IV. Regulatory Analyses Management and Budget. DHS Department of Homeland Security FR Federal Register We developed this proposed rule after [FR Doc. 2017–06600 Filed 4–3–17; 8:45 am] considering numerous statutes and NPRM Notice of proposed rulemaking BILLING CODE 4335–30–P § Section executive orders related to rulemaking. U.S.C. United States Code Below we summarize our analyses based on a number of these statutes and II. Background, Purpose, and Legal executive orders and we discuss First DEPARTMENT OF HOMELAND Basis Amendment rights of protestors. SECURITY This proposed rule would establish Coast Guard safety zones around firework platforms, A. Regulatory Planning and Review structures or barges within the Sector Executive Orders 12866 and 13563 33 CFR Part 165 Key West COTP Zone during the direct agencies to assess the costs and storage, preparation, and launching of benefits of available regulatory [Docket Number USCG–2016–0983] fireworks. Hazards from firework alternatives and, if regulation is RIN 1625–AA00 displays include accidental discharge of necessary, to select regulatory fireworks, dangerous projectiles, and approaches that maximize net benefits. Safety Zone; Fireworks Displays, falling hot embers or other debris. The Executive Order 13563 emphasizes the Sector Key West, Florida COTP Key West has determined that importance of quantifying both costs AGENCY: Coast Guard, DHS. potential hazards associated with and benefits, of reducing costs, of fireworks are a safety concern for harmonizing rules, and of promoting ACTION: Notice of proposed rulemaking. flexibility. This NPRM has not been anyone within a 500-yard radius of the SUMMARY: The Coast Guard proposes to firework platforms, structures, or barges. designated a ‘‘significant regulatory establish safety zones for certain waters The purpose of this rulemaking is to action,’’ under Executive Order 12866. within the Sector Key West Captain of ensure the safety of vessels and the Accordingly, the NPRM has not been the Port (COTP) Zone. This action navigable waters within a 500-yard reviewed by the Office of Management would establish safety zones around radius of all firework platforms, and Budget. firework platforms, structures, or barges structures, or barges during the storage, Although this proposed rule may during the storage, preparation, and preparation, and launching of fireworks. restrict access to small portions of the launching of fireworks. The proposed The Coast Guard proposes this waterway within the Sector Key West rule is necessary to provide for the rulemaking under authority in 33 U.S.C. COTP Zone, the effect of this regulation safety of the participants, participant 1231. would not be significant for the vessels, and the general public on the following reasons: (1) The safety zones III. Discussion of Proposed Rule would only be enforced during limited navigable waters of the United States The Coast Guard proposes to establish time intervals while firework display during the fireworks displays. This safety zones on navigable waters around operations present a hazard; (2) vessels proposed rule would allow the Coast firework platforms, structures, or barges may be authorized to enter the regulated Guard to restrict persons and vessels, within the COTP Zone Key West, areas with permission of the COTP Key except those participating in the event, Florida. The safety zones would include West or a designated representative; and from entering, transiting through, all waters within a 500-yard radius of all (3) advanced notification of closures anchoring in, or remaining within the fireworks launching platforms, will be made via Local Notice to regulated area unless authorized by the structures, or barges while engaged in Mariners, Broadcast to Mariners, and COTP Key West or a designated the storage, preparation, and launching the U. S. Coast Guard Homeport Web representative. We invite your of fireworks. site. comments on this proposed rulemaking. The proposed rule seeks to enhance DATES: Comments and related material navigation safety and marine B. Impact on Small Entities must be received by the Coast Guard on environmental protection, reduce the The Regulatory Flexibility Act of nlaroche on DSK30NT082PROD with PROPOSALS or before May 4, 2017. potential for the loss of lives and 1980, 5 U.S.C. 601–612, as amended, ADDRESSES: You may submit comments property, and ensure the safety of vessel requires Federal agencies to consider identified by docket number USCG– and workers from hazards associated the potential impact of regulations on 2016–0983 using the Federal with fireworks operations in the small entities during rulemaking. The e-Rulemaking Portal at http:// regulated area. term ‘‘small entities’’ comprises small www.regulations.gov. See the ‘‘Public No vessel or person would be businesses, not-for-profit organizations Participation and Request for permitted to enter the safety zone that are independently owned and Comments’’ portion of the without obtaining permission from the operated and are not dominant in their VerDate Sep<11>2014 15:42 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\04APP1.SGM 04APP1


Document Created: 2017-04-03 23:53:31
Document Modified: 2017-04-03 23:53:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance Notice of Proposed Rulemaking (ANPRM).
DatesYou must submit your comments by May 4, 2017.
ContactFor questions on procedural issues, contact Luis Aguilar, Regulatory Specialist, ONRR, at (303) 231-3418 or email to [email protected] For questions on technical issues, contact Michael DeBerard, Asset Valuation, ONRR, at (303) 231-3884 or email to [email protected]
FR Citation82 FR 16325 
RIN Number1012-AA21
CFR Citation30 CFR 1202
30 CFR 1206
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