82_FR_17042 82 FR 16976 - Safety Zones; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone

82 FR 16976 - Safety Zones; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 66 (April 7, 2017)

Page Range16976-16980
FR Document2017-06942

The Coast Guard proposes to establish five new fireworks display safety zones at various locations in the Sector Columbia River Captain of the Port zone. In addition to adding new fireworks display safety zones, this proposed rulemaking would consolidate existing safety zones into one regulation and eliminate one safety zone listed in two regulations. We invite your comments on this proposed rulemaking.

Federal Register, Volume 82 Issue 66 (Friday, April 7, 2017) 
[Federal Register Volume 82, Number 66 (Friday, April 7, 2017)]
[Proposed Rules]
[Pages 16976-16980]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06942]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0149]
RIN 1625-AA00


Safety Zones; Annual Fireworks Displays Within the Sector 
Columbia River Captain of the Port Zone

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish five new fireworks 
display safety zones at various locations in the Sector Columbia River 
Captain of the Port zone. In addition to adding new fireworks display 
safety zones, this

[[Page 16977]]

proposed rulemaking would consolidate existing safety zones into one 
regulation and eliminate one safety zone listed in two regulations. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 8, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0149 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Laura Springer, Waterways Management Division, 
Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Our regulation for safety zones for fireworks displays in the 
Sector Columbia River Captain of the Port Zone, 33 CFR 165.1315, was 
last revised (80 FR 29949, May 26, 2015) in 2015. After receiving five 
new marine event permit applications for fireworks displays for the 
2017 season, we determined that they should be added to existing safety 
zones in Sec.  165.1315, where reoccurring fireworks displays are 
listed in a table format.
    The proposed safety zones are being implemented to help ensure the 
safe navigation of maritime traffic in the Sector Columbia River Area 
of Responsibility during fireworks displays. Fireworks displays create 
hazardous conditions for the maritime public because of the large 
number of vessels near the displays, as well as the noise, falling 
debris, and explosions that occur during the event. Because firework 
discharge sites pose a potential 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.

III. Discussion of Proposed Rule

    The Coast Guard proposes to add five new fireworks display safety 
zones to revise 33 CFR 165.1315 to include the locations listed in the 
table below. The added safety zones would cover all waters of the 
Oregon coast, Tillamook Bay, the Columbia River and its tributaries, 
and the Clatskanie River, within a 450 yard radius of the launch site 
at the approximate locations listed in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bandon 4th of July.............  Bandon, OR.........................  One day in July...................  43[deg]07'29'' N......  124[deg]25'05'' W.
Garibaldi Days Fireworks.......  Garibaldi, OR......................  One day in July...................  45[deg]33'13'' N......  123[deg]54'56'' W.
Bald Eagle Days................  Cathlamet, WA......................  One day in July...................  46[deg]12'14'' N......  123[deg]23'17'' W.
Veterans Day Celebration.......  The Dalles, OR.....................  One day in November...............  45[deg]36'18'' N......  121[deg]10'34'' W.
Clatskanie Heritage Days         Clatskanie, OR.....................  One Day in July...................  46[deg]6'17'' N.......  123[deg]12'02'' W.
 Fireworks.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Additionally, the Coast Guard proposes to consolidate two fireworks 
display safety zones into the table in 33 CFR 165.1315. The Fort 
Vancouver fireworks safety zone, 33 CFR 165.1314, and Astoria Regatta 
fireworks safety zone, 33 CFR 165.1316, would be incorporated into the 
table and removed as separate regulations. Currently, the Astoria 
Regatta fireworks safety zone is listed both in 33 CFR 165.1316 and 33 
CFR 165.1315. The table in 33 CFR 165.1315 has also been reordered 
chronologically. These actions will eliminate any confusion caused by 
the current configuration.

IV. 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 and Executive Orders and 
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zones. Vessel traffic 
would be able to safely transit around these safety zones which would 
impact small designated areas of the Oregon coast, Tillamook Bay, the 
Columbia River and its tributaries, and the Clatskanie River for less 
than 1 hour during the evening when commercial vessel traffic is 
normally low. Moreover, the Coast Guard would issue a Broadcast Notice 
to Mariners via VHF-FM marine channel 16 about the zone, and the rule 
would allow vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 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 would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    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.
    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

[[Page 16978]]

listed in the FOR FURTHER INFORMATION CONTACT section. 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.

C. Collection of Information

    This proposed rule would not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    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 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, 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. If 
you believe this proposed rule has implications for federalism or 
Indian Tribes, please contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

E. 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.

F. 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 (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 safety 
zones that are approximately 1 hour in duration and would prohibit 
entry within 450 yards of the launch sites. Normally such actions are 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary 
environmental analysis checklist and 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.

G. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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.


Sec.  165.1314   [Removed].

0
2. Remove Sec. Sec.  165.1314.
0
3. Revise 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, Umpqua River, Clatskanie River, Tillamook Bay 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........  Portland, OR.......................  One day in May....................  45[deg]30'58'' N......  122[deg]40'12'' W.
Portland Rose Festival           Portland, OR.......................  One day in May or June............  45[deg]30'58'' N......  122[deg]40'12'' W.
 Fireworks.
Newport High School Graduation   Newport, OR........................  One day in June...................  44[deg]36'48'' N......  124[deg]04'10'' W.
 Fireworks.

[[Page 16979]]

 
Tri-City Chamber of Commerce     Kennewick, WA......................  One day in July...................  46[deg]13'37'' N......  119[deg]08'47'' W.
 Fireworks/River of Fire
 Festival.
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.
Florence Independence Day        Florence, OR.......................  One day in July...................  43[deg]58'09'' N......  124[deg]05'50'' W.
 Celebration.
Oaks Park Association 4th of     Portland, OR.......................  One day in July...................  45[deg]28'22'' N......  122[deg]39'59'' W.
 July.
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.
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.
Clatskanie Heritage Days         Clatskanie, OR.....................  One Day in July...................  46[deg]6'17'' N.......  123[deg]12'02'' W.
 Fireworks.
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.
Waverly Country Club 4th of      Milwaukie, OR......................  One day in July...................  45[deg]27'03'' N......  122[deg]39'18'' W.
 July Fireworks.
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.
Winchester Bay 4th of July       Winchester Bay, OR.................  One day in July...................  43[deg]40'56'' N......  124[deg]11'13'' W.
 Fireworks.
Brookings, OR July 4th           Brookings, OR......................  One day in July...................  42[deg]02'39'' N......  124[deg]16'14'' W.
 Fireworks.
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 Fourth of July.  The Dalles, OR.....................  One day in July...................  45[deg]36'18'' N......  121[deg]10'23'' W.
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.
Cedco Inc./The Mill Casino       North Bend, OR.....................  One day in July...................  43[deg]23'42'' N......  124[deg]12'55'' W.
 Independence Day.
Waldport 4th of July...........  Waldport, OR.......................  One day in July...................  44[deg]25'31'' N......  124[deg]04'44'' 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.
Bandon 4th of July.............  Bandon, OR.........................  One day in July...................  43[deg]07'29'' N......  124[deg]25'05'' W.
Garibaldi Days Fireworks.......  Garibaldi, OR......................  One day in July...................  45[deg]33'13'' N......  123[deg]54'56'' W.
Bald Eagle Days................  Cathlamet, WA......................  One day in July...................  46[deg]12'14'' N......  123[deg]23'17'' W.
Independence Day at the Fort     Vancouver, WA......................  One Day in July...................  45[deg]36'57'' N......  122[deg]40'09'' W.
 Vancouver.
Oregon Symphony Concert          Portland, OR.......................  One day in August or September....  45[deg]30'42'' N......  122[deg]40'14'' W.
 Fireworks.
Astoria Regatta................  Astoria, OR........................  One day in August.................  46[deg]11'34'' N......  123[deg]49'28'' W.
First Friday Milwaukie.........  Milwaukie, OR......................  One day in September..............  45[deg]26'33'' N......  122[deg]38'44'' W.
Leukemia and Lymphoma Light the  Portland, OR.......................  One day in October................  45[deg]31'14'' N......  122[deg]40'06'' W.
 Night Fireworks.
Willamette Falls Heritage        Oregon City, OR....................  One day in October................  45[deg]21'44'' N......  122[deg]36'21'' W.
 Festival.
Veterans Day Celebration.......  The Dalles, OR.....................  One day in November...............  45[deg]36'18'' N......  121[deg]10'34'' W.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Special requirements. Fireworks barges or launch sites on land 
used in locations stated in this section must 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'' will 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 an Application for Marine Event for each fireworks 
display; and, 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 periods. This section will be enforced at least 1 
hour before

[[Page 16980]]

and 1 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 safety zones identified in paragraph (a) of this section and 
meets the criteria established in paragraphs (b) and (c) of this 
section.
    (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 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.


Sec.  165.1316  [Removed].

0
4. Remove Sec.  165.1316.

    Dated: April 3, 2017.
D.F. Berliner,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector Columbia 
River.
[FR Doc. 2017-06942 Filed 4-6-17; 8:45 am]
 BILLING CODE 9110-04-P

16976 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Proposed Rules coal mines and for other authorized We cannot ensure that comments IV. Procedural Determinations activities. Section 405 of the Act allows received after the close of the comment Executive Order 12866—Regulatory States and Indian tribes to assume period (see DATES) or sent to an address Planning and Review exclusive responsibility for reclamation other than those listed (see ADDRESSES) activity within the State or on Indian will be included in the docket for this This rulemaking is exempted from lands if they develop and submit to the rulemaking and considered. review by the Office of Management and Secretary of the Interior for approval, a Budget (OMB) under Executive Order program (often referred to as a plan) for Public Availability of Comments 12866. the reclamation of abandoned coal Before including your address, phone Other Laws and Executive Orders mines. On May 20, 1982, the Secretary number, email address, or other Affecting Rulemaking of the Interior approved the Alabama personal identifying information in your Plan. You can find background When a State submits a plan comment, you should be aware that amendment to OSMRE for review, our information on the Alabama Plan, your entire comment—including your regulations at 30 CFR 884.14 and 884.15 including the Secretary’s findings, the personal identifying information—may require us to hold a public hearing on disposition of comments, and the be made publicly available at any time. a plan amendment if it changes the approval of the Plan in the May 20, While you can ask us in your comment objectives, scope or major policies 1982, Federal Register (47 FR 22057). You can find later actions concerning to withhold your personal identifying followed, or make a finding that the the Alabama Plan and amendments to information from public review, we State provided adequate notice and the Plan at 30 CFR 901.20 and 901.25. cannot guarantee that we will be able to opportunity for public comment. do so. Alabama has elected to have OSMRE II. Description of the Proposed publish a notice in the Federal Register Amendment Public Hearing indicating receipt of the proposed By email dated June 07, 2016 If you wish to speak at the public amendment and soliciting comments. (Administrative Record No. AL–0670), hearing, contact the person listed under We will conclude our review of the Alabama sent us an amendment to its FOR FURTHER INFORMATION CONTACT by proposed amendment after the close of Plan under SMCRA (30 U.S.C. 1201 et 4:00 p.m., c.t. on April 24, 2017. If you the public comment period and seq.) at its own initiative. Below is a are disabled and need reasonable determine whether the amendment summary of the changes proposed by accommodations to attend a public should be approved, approved in part, Alabama. The full text of the Plan hearing, contact the person listed under or not approved. At that time, we will amendment is available for you to read FOR FURTHER INFORMATION CONTACT. We also make the determinations and at the locations listed above under will arrange the location and time of the certifications required by the various ADDRESSES. hearing with those persons requesting laws and executive orders governing the the hearing. If no one requests an rulemaking process and include them in Code of Alabama Section 9–16–79 the final rule. Hearing and Appeals; Procedures opportunity to speak, we will not hold Alabama proposes to revise its Plan a hearing. List of Subjects in 30 CFR Part 901 by modernizing it and encompassing the To assist the transcriber and ensure an Intergovernmental relations, Surface November 14, 2008, changes to the accurate record, we request, if possible, mining, Underground mining. Federal regulations. The revised Plan that each person who speaks at the Dated: March 22, 2017. addresses all the Federal requirements public hearing provide us with a written Alfred L. Clayborne, found in 30 CFR 884.13 regarding copy of his or her comments. The public Regional Director, Mid-Continent Region. content of proposed State reclamation hearing will continue on the specified [FR Doc. 2017–06997 Filed 4–6–17; 8:45 am] plans. date until everyone scheduled to speak BILLING CODE 4310–05–P has been given an opportunity to be III. Public Comment Procedures heard. If you are in the audience and We are seeking your comments on have not been scheduled to speak and whether the amendment satisfies the wish to do so, you will be allowed to DEPARTMENT OF HOMELAND applicable plan approval criteria of 30 speak after those who have been SECURITY CFR 884.15. If we approve the scheduled. We will end the hearing after amendment, it will become part of the Coast Guard everyone scheduled to speak and others State Plan. present in the audience who wish to 33 CFR Part 165 Electronic or Written Comments speak, have been heard. [Docket Number USCG–2017–0149] If you submit written comments, they Public Meeting should be specific, confined to issues RIN 1625–AA00 pertinent to the proposed Plan, and If only one person requests an explain the reason for any opportunity to speak, we may hold a Safety Zones; Annual Fireworks recommended change(s). We appreciate public meeting rather than a public Displays Within the Sector Columbia any and all comments, but those most hearing. If you wish to meet with us to River Captain of the Port Zone useful and likely to influence decisions discuss the amendment, please request AGENCY: Coast Guard, DHS. nlaroche on DSK30NT082PROD with PROPOSALS on the final Plan will be those that a meeting by contacting the person ACTION: Notice of proposed rulemaking. either involve personal experience or listed under FOR FURTHER INFORMATION include citations to and analyses of CONTACT. All such meetings are open to SUMMARY: The Coast Guard proposes to SMCRA, its legislative history, its the public and, if possible, we will post establish five new fireworks display implementing regulations, case law, notices of meetings at the locations safety zones at various locations in the other pertinent State or Federal laws or listed under ADDRESSES. We will make Sector Columbia River Captain of the regulations, technical literature, or other a written summary of each meeting a Port zone. In addition to adding new relevant publications. part of the administrative record. fireworks display safety zones, this VerDate Sep<11>2014 14:51 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\07APP1.SGM 07APP1

Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Proposed Rules 16977 proposed rulemaking would consolidate I. Table of Abbreviations displays. Fireworks displays create existing safety zones into one regulation CFR Code of Federal Regulations hazardous conditions for the maritime and eliminate one safety zone listed in DHS Department of Homeland Security public because of the large number of two regulations. We invite your FR Federal Register vessels near the displays, as well as the comments on this proposed rulemaking. NPRM Notice of proposed rulemaking noise, falling debris, and explosions that DATES: Comments and related material § Section occur during the event. Because must be received by the Coast Guard on U.S.C. United States Code firework discharge sites pose a potential or before May 8, 2017. II. Background, Purpose, and Legal hazard to the maritime public, these ADDRESSES: You may submit comments Basis safety zones are necessary in order to identified by docket number USCG– restrict vessel movement and reduce 2017–0149 using the Federal Our regulation for safety zones for fireworks displays in the Sector vessel congregation in the proximity of eRulemaking Portal at http:// the firework discharge sites. www.regulations.gov. See the ‘‘Public Columbia River Captain of the Port Participation and Request for Zone, 33 CFR 165.1315, was last revised III. Discussion of Proposed Rule Comments’’ portion of the (80 FR 29949, May 26, 2015) in 2015. SUPPLEMENTARY INFORMATION section for After receiving five new marine event The Coast Guard proposes to add five further instructions on submitting permit applications for fireworks new fireworks display safety zones to comments. displays for the 2017 season, we revise 33 CFR 165.1315 to include the determined that they should be added to locations listed in the table below. The FOR FURTHER INFORMATION CONTACT: If existing safety zones in § 165.1315, added safety zones would cover all you have questions on this rule, call or where reoccurring fireworks displays waters of the Oregon coast, Tillamook email LCDR Laura Springer, Waterways are listed in a table format. Management Division, Marine Safety Bay, the Columbia River and its The proposed safety zones are being tributaries, and the Clatskanie River, Unit Portland, Coast Guard; telephone implemented to help ensure the safe 503–240–9319, email within a 450 yard radius of the launch navigation of maritime traffic in the site at the approximate locations listed msupdxwwm@uscg.mil. Sector Columbia River Area of in the following table: SUPPLEMENTARY INFORMATION: Responsibility during fireworks Bandon 4th of July .............................................. Bandon, OR ...................... One day in July ................ 43°07′29″ N ...... 124°25′05″ W. Garibaldi Days Fireworks .................................... Garibaldi, OR .................... One day in July ................ 45°33′13″ N ...... 123°54′56″ W. Bald Eagle Days .................................................. Cathlamet, WA ................. One day in July ................ 46°12′14″ N ...... 123°23′17″ W. Veterans Day Celebration ................................... The Dalles, OR ................. One day in November ...... 45°36′18″ N ...... 121°10′34″ W. Clatskanie Heritage Days Fireworks ................... Clatskanie, OR ................. One Day in July ................ 46°6′17″ N ........ 123°12′02″ W. Additionally, the Coast Guard importance of quantifying both costs that are independently owned and proposes to consolidate two fireworks and benefits, of reducing costs, of operated and are not dominant in their display safety zones into the table in 33 harmonizing rules, and of promoting fields, and governmental jurisdictions CFR 165.1315. The Fort Vancouver flexibility. This NPRM has not been with populations of less than 50,000. fireworks safety zone, 33 CFR 165.1314, designated a ‘‘significant regulatory The Coast Guard certifies under 5 U.S.C. and Astoria Regatta fireworks safety action,’’ under Executive Order 12866. 605(b) that this proposed rule would not zone, 33 CFR 165.1316, would be Accordingly, the NPRM has not been have a significant economic impact on incorporated into the table and removed reviewed by the Office of Management a substantial number of small entities. as separate regulations. Currently, the and Budget. While some owners or operators of Astoria Regatta fireworks safety zone is This regulatory action determination vessels intending to transit the safety listed both in 33 CFR 165.1316 and 33 is based on the size, location, duration, zone may be small entities, for the CFR 165.1315. The table in 33 CFR and time-of-day of the safety zones. reasons stated in section IV.A above this 165.1315 has also been reordered Vessel traffic would be able to safely proposed rule would not have a chronologically. These actions will transit around these safety zones which significant economic impact on any eliminate any confusion caused by the would impact small designated areas of vessel owner or operator. current configuration. the Oregon coast, Tillamook Bay, the If you think that your business, Columbia River and its tributaries, and organization, or governmental IV. Regulatory Analyses the Clatskanie River for less than 1 hour jurisdiction qualifies as a small entity We developed this proposed rule after during the evening when commercial and that this rule would have a considering numerous statutes and vessel traffic is normally low. Moreover, significant economic impact on it, Executive orders related to rulemaking. the Coast Guard would issue a please submit a comment (see Below we summarize our analyses Broadcast Notice to Mariners via VHF– ADDRESSES) explaining why you think it based on a number of these statutes and FM marine channel 16 about the zone, qualifies and how and to what degree Executive Orders and we discuss First and the rule would allow vessels to seek this rule would economically affect it. Amendment rights of protestors. permission to enter the zone. Under section 213(a) of the Small Business Regulatory Enforcement nlaroche on DSK30NT082PROD with PROPOSALS A. Regulatory Planning and Review B. Impact on Small Entities Fairness Act of 1996 (Pub. L. 104–121), Executive Orders 12866 and 13563 The Regulatory Flexibility Act of we want to assist small entities in direct agencies to assess the costs and 1980, 5 U.S.C. 601–612, as amended, understanding this proposed rule. If the benefits of available regulatory requires Federal agencies to consider rule would affect your small business, alternatives and, if regulation is the potential impact of regulations on organization, or governmental necessary, to select regulatory small entities during rulemaking. The jurisdiction and you have questions approaches that maximize net benefits. term ‘‘small entities’’ comprises small concerning its provisions or options for Executive Order 13563 emphasizes the businesses, not-for-profit organizations compliance, please contact the person VerDate Sep<11>2014 14:51 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\07APP1.SGM 07APP1

16978 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Proposed Rules listed in the FOR FURTHER INFORMATION F. Environment www.regulations.gov, contact the person CONTACT section. The Coast Guard will We have analyzed this proposed rule in the FOR FURTHER INFORMATION not retaliate against small entities that under Department of Homeland CONTACT section of this document for question or complain about this Security Management Directive 023–01 alternate instructions. proposed rule or any policy or action of and Commandant Instruction We accept anonymous comments. All the Coast Guard. M16475.lD, which guide the Coast comments received will be posted C. Collection of Information Guard in complying with the National without change to http:// Environmental Policy Act of 1969 (42 www.regulations.gov and will include This proposed rule would not call for U.S.C. 4321–4370f), and have made a any personal information you have a new collection of information under preliminary determination that this provided. For more about privacy and the Paperwork Reduction Act of 1995 action is one of a category of actions that the docket, visit http:// (44 U.S.C. 3501–3520). do not individually or cumulatively www.regulations.gov/privacyNotice. D. Federalism and Indian Tribal have a significant effect on the human Documents mentioned in this NPRM Governments environment. This proposed rule as being available in the docket, and all involves safety zones that are public comments, will be in our online A rule has implications for federalism approximately 1 hour in duration and docket at http://www.regulations.gov under Executive Order 13132, would prohibit entry within 450 yards and can be viewed by following that Federalism, if it has a substantial direct of the launch sites. Normally such Web site’s instructions. Additionally, if effect on the States, on the relationship actions are categorically excluded from between the national government and you go to the online docket and sign up further review under paragraph 34(g) of for email alerts, you will be notified the States, or on the distribution of Figure 2–1 of Commandant Instruction power and responsibilities among the when comments are posted or a final M16475.lD. A preliminary rule is published. various levels of government. We have environmental analysis checklist and analyzed this proposed rule under that Categorical Exclusion Determination are List of Subjects in 33 CFR Part 165 Order and have determined that it is available in the docket where indicated consistent with the fundamental Harbors, Marine safety, Navigation under ADDRESSES. We seek any (water), Reporting and recordkeeping federalism principles and preemption comments or information that may lead requirements described in Executive requirements, Security measures, to the discovery of a significant Waterways. Order 13132. environmental impact from this Also, this proposed rule does not have proposed rule. For the reasons discussed in the tribal implications under Executive preamble, the Coast Guard proposes to Order 13175, Consultation and G. Protest Activities amend 33 CFR part 165 as follows: Coordination with Indian Tribal The Coast Guard respects the First Governments, because it would not have Amendment rights of protesters. PART 165—REGULATED NAVIGATION a substantial direct effect on one or Protesters are asked to contact the AREAS AND LIMITED ACCESS AREAS more Indian Tribes, on the relationship person listed in the FOR FURTHER between the Federal Government and INFORMATION CONTACT section to ■ 1. The authority citation for part 165 Indian Tribes, or on the distribution of coordinate protest activities so that your continues to read as follows: power and responsibilities between the message can be received without Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Federal Government and Indian Tribes. jeopardizing the safety or security of 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; If you believe this proposed rule has people, places, or vessels. Department of Homeland Security Delegation implications for federalism or Indian No. 0170.1. Tribes, please contact the person listed V. Public Participation and Request for in the FOR FURTHER INFORMATION Comments § 165.1314 [Removed]. CONTACT section. We view public participation as ■ 2. Remove §§ 165.1314. essential to effective rulemaking, and ■ 3. Revise § 165.1315 to read as E. Unfunded Mandates Reform Act will consider all comments and material follows: The Unfunded Mandates Reform Act received during the comment period. of 1995 (2 U.S.C. 1531–1538) requires Your comment can help shape the § 165.1315 Safety Zone; Annual Fireworks Federal agencies to assess the effects of outcome of this rulemaking. If you Displays within the Sector Columbia River their discretionary regulatory actions. In Captain of the Port Zone. submit a comment, please include the particular, the Act addresses actions docket number for this rulemaking, (a) Safety zones. The following areas that may result in the expenditure by a indicate the specific section of this are designated safety zones: Waters of State, local, or tribal government, in the document to which each comment the Columbia River and its tributaries, aggregate, or by the private sector of applies, and provide a reason for each waters of the Siuslaw River, Yaquina $100,000,000 (adjusted for inflation) or suggestion or recommendation. River, Umpqua River, Clatskanie River, more in any one year. Though this We encourage you to submit Tillamook Bay and waters of the proposed rule would not result in such comments through the Federal Washington and Oregon Coasts, within an expenditure, we do discuss the eRulemaking Portal at http:// a 450 yard radius of the launch site at effects of this rule elsewhere in this www.regulations.gov. If your material the approximate locations listed in the preamble. cannot be submitted using http:// following table: nlaroche on DSK30NT082PROD with PROPOSALS Event name Event location Date of event Latitude Longitude (typically) Cinco de Mayo Fireworks .................................... Portland, OR ..................... One day in May ................ 45°30′58″ N ...... 122°40′12″ W. Portland Rose Festival Fireworks ....................... Portland, OR ..................... One day in May or June ... 45°30′58″ N ...... 122°40′12″ W. Newport High School Graduation Fireworks ....... Newport, OR ..................... One day in June ............... 44°36′48″ N ...... 124°04′10″ W. VerDate Sep<11>2014 14:51 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\07APP1.SGM 07APP1

Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Proposed Rules 16979 Event name Event location Date of event Latitude Longitude (typically) Tri-City Chamber of Commerce Fireworks/River Kennewick, WA ................ One day in July ................ 46°13′37″ N ...... 119°08′47″ W. of Fire Festival. Astoria-Warrenton 4th of July Fireworks ............. Astoria, OR ....................... One day in July ................ 46°11′34″ N ...... 123°49′28″ W. Waterfront Blues Festival Fireworks ................... Portland, OR ..................... One day in July ................ 45°30′42″ N ...... 122°40′14″ W. Florence Independence Day Celebration ............ Florence, OR .................... One day in July ................ 43°58′09″ N ...... 124°05′50″ W. Oaks Park Association 4th of July ...................... Portland, OR ..................... One day in July ................ 45°28′22″ N ...... 122°39′59″ W. City of Rainier/Rainier Days ................................ Rainier, OR ....................... One day in July ................ 46°05′46″ N ...... 122°56′18″ W. Ilwaco July 4th Committee Fireworks/Independ- Ilwaco, OR ........................ One day in July ................ 46°18′17″ N ...... 124°02′00″ W. ence Day at the Port. Celebrate Milwaukie ............................................ Milwaukie, OR .................. One day in July ................ 45°26′33 N ....... 122°38′44″ W. Splash Aberdeen Waterfront Festival ................. Aberdeen, WA .................. One day in July ................ 46°58′40″ N ...... 123°47′45″ W. City of Coos Bay July 4th Celebration/Fireworks Coos Bay, OR .................. One day in July ................ 43°22′06″ N ...... 124°12′24″ W. Over the Bay. Arlington 4th of July ............................................. Arlington, OR .................... One day in July ................ 45°43′23″ N ...... 120°12′11 W. East County 4th of July Fireworks ...................... Gresham, OR ................... One day in July ................ 45°33′32″ N ...... 122°27′10″ W. Port of Cascade Locks 4th of July Fireworks ..... Cascade Locks, OR ......... One day in July ................ 45°40′15″ N ...... 121°53′43″ W. Clatskanie Heritage Days Fireworks ................... Clatskanie, OR ................. One Day in July ................ 46°6′17″ N ........ 123°12′02″ W. Washougal 4th of July ......................................... Washougal, WA ................ One day in July ................ 45°34′32″ N ...... 122°22′53″ W. City of St. Helens 4th of July Fireworks .............. St. Helens, OR ................. One day in July ................ 45°51′54″ N ...... 122°47′26″ W. Waverly Country Club 4th of July Fireworks ....... Milwaukie, OR .................. One day in July ................ 45°27′03″ N ...... 122°39′18″ W. Hood River 4th of July ......................................... Hood River, OR ................ One day in July ................ 45°42′58″ N ...... 121°30′32″ W. Rufus 4th of July Fireworks ................................. Rufus, OR ......................... One day in July ................ 45°41′39″ N ...... 120°45′16″ W. Winchester Bay 4th of July Fireworks ................. Winchester Bay, OR ......... One day in July ................ 43°40′56″ N ...... 124°11′13″ W. Brookings, OR July 4th Fireworks ....................... Brookings, OR .................. One day in July ................ 42°02′39″ N ...... 124°16′14″ W. Maritime Heritage Festival ................................... St. Helens, OR ................. One day in July ................ 45°51′54″ N ...... 122°47′26″ W. Lynch Picnic ........................................................ West Linn, OR .................. One day in July ................ 45°23′37″ N ...... 122°37′52″ W. Yachats 4th of July .............................................. Yachats, OR ..................... One day in July ................ 44°18′38″ N ...... 124°06′27″ W. Lincoln City 4th of July ........................................ Lincoln City, OR ............... One day in July ................ 44°55′28″ N ...... 124°01′31″ W. July 4th Party at the Port of Gold Beach ............ Gold Beach, OR ............... One day in July ................ 42°25′30″ N ...... 124°25′03″ W. Gardiner 4th of July ............................................. Gardiner, OR .................... One day in July ................ 43°43′55″ N ...... 124°06′48″ W. Huntington 4th of July ......................................... Huntington, OR ................. One day in July ................ 44°18′02″ N ...... 117°13′33″ W. Toledo Summer Festival ..................................... Toledo, OR ....................... One day in July ................ 44°37′08″ N ...... 123°56′24″ W. Port Orford 4th of July ......................................... Port Orford, OR ................ One day in July ................ 42°44′31″ N ...... 124°29′30″ W. The Dalles Area Fourth of July ........................... The Dalles, OR ................. One day in July ................ 45°36′18″ N ...... 121°10′23″ W. Roseburg Hometown 4th of July ......................... Roseburg, OR .................. One day in July ................ 43°12′58″ N ...... 123°22′10″ W. Newport 4th of July ............................................. Newport, OR ..................... One day in July ................ 44°37′40″ N ...... 124°02′45″ W. Cedco Inc./The Mill Casino Independence Day .. North Bend, OR ................ One day in July ................ 43°23′42″ N ...... 124°12′55″ W. Waldport 4th of July ............................................ Waldport, OR .................... One day in July ................ 44°25′31″ N ...... 124°04′44″ W. Westport 4th of July ............................................ Westport, WA ................... One day in July ................ 46°54′17″ N ...... 124°05′59″ W. The 4th of July at Pekin Ferry ............................. Ridgefield, WA .................. One day in July ................ 45°52′07″ N ...... 122°43′53″ W. Bandon 4th of July .............................................. Bandon, OR ...................... One day in July ................ 43°07′29″ N ...... 124°25′05″ W. Garibaldi Days Fireworks .................................... Garibaldi, OR .................... One day in July ................ 45°33′13″ N ...... 123°54′56″ W. Bald Eagle Days .................................................. Cathlamet, WA ................. One day in July ................ 46°12′14″ N ...... 123°23′17″ W. Independence Day at the Fort Vancouver .......... Vancouver, WA ................ One Day in July ................ 45°36′57″ N ...... 122°40′09″ W. Oregon Symphony Concert Fireworks ................ Portland, OR ..................... One day in August or Sep- 45°30′42″ N ...... 122°40′14″ W. tember. Astoria Regatta .................................................... Astoria, OR ....................... One day in August ........... 46°11′34″ N ...... 123°49′28″ W. First Friday Milwaukie .......................................... Milwaukie, OR .................. One day in September ..... 45°26′33″ N ...... 122°38′44″ W. Leukemia and Lymphoma Light the Night Fire- Portland, OR ..................... One day in October .......... 45°31′14″ N ...... 122°40′06″ W. works. Willamette Falls Heritage Festival ....................... Oregon City, OR ............... One day in October .......... 45°21′44″ N ...... 122°36′21″ W. Veterans Day Celebration ................................... The Dalles, OR ................. One day in November ...... 45°36′18″ N ...... 121°10′34″ W. (b) Special requirements. Fireworks block letters centered on the sign with of the enforcement of these safety zones barges or launch sites on land used in the words ‘‘FIREWORKS’’ and ‘‘STAY to be made by all appropriate means to locations stated in this section must AWAY’’ in 6-inch black block letters provide notice to the affected segments display a sign. The sign will be affixed placed above and below the word of the public as practicable, in to the port and starboard side of the ‘‘DANGER’’ respectively on a white accordance with 33 CFR 165.7(a). The barge or mounted on a post 3 feet above background. An on-scene patrol vessel Captain of the Port will issue a Local ground level when on land and in close may enforce these safety zones at least Notice to Mariners notifying the public proximity to the shoreline facing the 1 hour prior to the start and 1 hour after of activation and suspension of nlaroche on DSK30NT082PROD with PROPOSALS water labeled ‘‘FIREWORKS— the conclusion of the fireworks display. enforcement of these safety zones. DANGER—STAY AWAY.’’ This will (c) Notice of enforcement. These Additionally, an on-scene Patrol provide on-scene notice that the safety safety zones will be activated and thus Commander may be appointed to zone is, or will, be enforced on that day. subject to enforcement, under the enforce the safety zones by limiting the This notice will consist of a diamond following conditions: The Coast Guard transit of non-participating vessels in shaped sign, 4-foot by 4-foot, with a 3- must receive an Application for Marine the designated areas described above. inch orange retro-reflective border. The Event for each fireworks display; and, (d) Enforcement periods. This section word ‘‘DANGER’’ will be 10-inch black the Captain of the Port will cause notice will be enforced at least 1 hour before VerDate Sep<11>2014 14:51 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\07APP1.SGM 07APP1

16980 Federal Register / Vol. 82, No. 66 / Friday, April 7, 2017 / Proposed Rules and 1 hour after the duration of the ozone nonattainment area under the as a noncontroversial submittal and event each day a barge or launch site 2008 ozone National Ambient Air anticipates no adverse comments. A with a ‘‘FIREWORKS—DANGER— Quality Standard (NAAQS). The Clean detailed rationale for the approval is set STAY AWAY’’ sign is located within Air Act (CAA) requires emissions forth in the direct final rule. If no any of the safety zones identified in inventories for all ozone nonattainment adverse comments are received in paragraph (a) of this section and meets areas. The documented emissions response to this rule, no further activity the criteria established in paragraphs (b) inventory included in Indiana’s June 15, is contemplated. If EPA receives adverse and (c) of this section. 2016, submission meets this CAA comments, the direct final rule will be (e) Regulations. In accordance with requirement. The second submission withdrawn and all public comments the general regulations in 33 CFR part provides Indiana’s certification that its received will be addressed in a 165, subpart C, no person may enter or existing Emissions Reporting Rule, subsequent final rule based on this remain in the safety zone created in this previously approved by EPA under a proposed rule. EPA will not institute a section or bring, cause to be brought, or prior ozone standard, satisfies the CAA second comment period. Any parties allow to remain in the safety zone emissions statement rule requirement interested in commenting on this action created in this section any vehicle, for Lake and Porter Counties under the should do so at this time. Please note vessel, or object unless authorized by 2008 ozone standard. that, if EPA receives adverse comment the Captain of the Port or his designated DATES: Comments must be received on on an amendment, paragraph, or section representative. The Captain of the Port or before May 8, 2017. of this rule and if that provision may be may be assisted by other Federal, State, ADDRESSES: Submit your comments, severed from the remainder of the rule, or local agencies with the enforcement identified by Docket ID No. EPA–R05– EPA may adopt as final those provisions of the safety zone. OAR–2016–0370 (Emissions Statement) of the rule that are not the subject of an (f) Authorization. All vessel operators or by Docket ID No. EPA–R05–OAR– adverse comment. For additional who desire to enter the safety zone must 2016–0371 (Emissions Inventory) at information see the direct final rule, obtain permission from the Captain of http://www.regulations.gov or via email which is located in the Rules section of the Port or Designated Representative by to Aburano.Douglas@epa.gov. For this Federal Register. contacting either the on-scene patrol comments submitted at Regulations.gov, Dated: March 21, 2017. craft on VHF Ch 13 or Ch 16 or the follow the online instructions for Robert A. Kaplan, Coast Guard Sector Columbia River submitting comments. Once submitted, Acting Regional Administrator, Region 5. Command Center via telephone at (503) comments cannot be edited or removed [FR Doc. 2017–06895 Filed 4–6–17; 8:45 am] 861–6211. from Regulations.gov. For either manner of submission, EPA may publish any BILLING CODE 6560–50–P § 165.1316 [Removed]. comment received to its public docket. ■ 4. Remove § 165.1316. Do not submit electronically any information you consider to be ENVIRONMENTAL PROTECTION Dated: April 3, 2017. Confidential Business Information (CBI) AGENCY D.F. Berliner, Captain, U.S. Coast Guard, Acting Captain or other information whose disclosure is 40 CFR Part 52 of the Port, Sector Columbia River. restricted by statute. Multimedia submissions (audio, video, etc.) must be [EPA–R05–OAR–2015–0844; FRL–9960–87– [FR Doc. 2017–06942 Filed 4–6–17; 8:45 am] accompanied by a written comment. Region 5] BILLING CODE 9110–04–P The written comment is considered the official comment and should include Air Plan Approval; Minnesota; Sulfur discussion of all points you wish to Dioxide Limits for Saint Paul Park ENVIRONMENTAL PROTECTION make. EPA will generally not consider Refining Co. LLC Facility AGENCY comments or comment contents located AGENCY: Environmental Protection outside of the primary submission (i.e., Agency (EPA). 40 CFR Part 52 on the web, cloud, or other file sharing ACTION: Proposed rule. [EPA–R05–OAR–2016–0370; EPA–R05– system). For additional submission OAR–2016–0371; FRL–9960–89–Region 5] methods, please contact the person SUMMARY: The Environmental Protection identified in the FOR FURTHER Agency (EPA) is proposing to approve a Air Plan Approval; Indiana; Base Year INFORMATION CONTACT section. For the site-specific state implementation plan Emissions Inventory and Emissions full EPA public comment policy, revision in Washington County, Statement Rule Certification for Lake information about CBI or multimedia Minnesota, for Saint Paul Park Refining and Porter Counties for the 2008 submissions, and general guidance on Co. LLC (Saint Paul Park). This revision Ozone Standard making effective comments, please visit includes changes to the ownership and http://www2.epa.gov/dockets/ facility name, removal of the ability to AGENCY: Environmental Protection commenting-epa-dockets. burn refinery oil, addition of a new unit, Agency (EPA). FOR FURTHER INFORMATION, CONTACT: and updates to the modeling parameters ACTION: Proposed rule. Kathleen D’Agostino, Air Programs for the facility. EPA is approving the SIP SUMMARY: The Environmental Protection Branch (AR–18J), Environmental revision because it meets Clean Air Act Agency (EPA) is proposing to approve Protection Agency, 77 West Jackson (CAA) section 110(l) requirements. nlaroche on DSK30NT082PROD with PROPOSALS two State Implementation Plan (SIP) Boulevard, Chicago, Illinois 60604, DATES: Comments must be received on submissions from the Indiana (312) 886–1767, Dagostino.Kathleen@ or before May 8, 2017. Department of Environmental epa.gov. ADDRESSES: Submit your comments, Management (IDEM), both dated June SUPPLEMENTARY INFORMATION: In the identified by Docket ID No. EPA–R05– 15, 2016. The first addresses emissions Final Rules section of this Federal OAR–2015–0844 at http:// inventory requirements for the Indiana Register, EPA is approving IDEM’s SIP www.regulations.gov or via email to portion of the Chicago-Naperville, revisions as a direct final rule without blakley.pamela@epa.gov. For comments Illinois-Indiana-Wisconsin (IL-IN-WI) prior proposal because EPA views this submitted at Regulations.gov, follow the VerDate Sep<11>2014 14:51 Apr 06, 2017 Jkt 241001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\07APP1.SGM 07APP1


Document Created: 2017-04-06 23:49:15
Document Modified: 2017-04-06 23:49:15
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
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before May 8, 2017.
ContactIf you have questions on this rule, call or email LCDR Laura Springer, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation82 FR 16976 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways
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