83_FR_18322 83 FR 18241 - Safety Zone; Tennessee River, Gilbertsville, KY

83 FR 18241 - Safety Zone; Tennessee River, Gilbertsville, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 81 (April 26, 2018)

Page Range18241-18243
FR Document2018-08743

The Coast Guard proposes to establish a temporary safety zone for certain waters of the Tennessee River. This action is necessary to provide for the safety of life on these navigable waters near Kentucky Dam Marina, Gilbertsville, KY, during a fireworks display. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 81 (Thursday, April 26, 2018)
[Federal Register Volume 83, Number 81 (Thursday, April 26, 2018)]
[Proposed Rules]
[Pages 18241-18243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08743]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0239]
RIN 1625-AA00


Safety Zone; Tennessee River, Gilbertsville, KY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for certain waters of the Tennessee River. This action is necessary to 
provide for the safety of life on these navigable waters near Kentucky 
Dam Marina, Gilbertsville, KY, during a fireworks display. This 
proposed rulemaking would prohibit persons and vessels from entering 
the safety zone unless authorized by the Captain of the Port Sector 
Ohio Valley or a designated representative. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 29, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0239 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 about this 
proposed rulemaking, call or email MST3 Joseph Stranc, Marine Safety 
Unit Paducah Waterways division, U.S. Coast Guard; telephone 270-442-
1621 ext. 2124, email Joseph.B.Stranc@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
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

    On January 17, 2018, the Kentucky Dam Marina notified the Coast 
Guard that they would be conducting a fireworks display from 7 p.m. 
through 10 p.m. on June 30, 2018. The fireworks are to be launched from 
the break wall of Kentucky Dam Marina. Hazards from firework displays 
include accidental discharge of fireworks, dangerous projectiles, and 
falling hot embers or other debris. The Captain of the Port Sector Ohio 
Valley (COTP) has determined that potential hazards associated with the 
fireworks display would be a safety concern for anyone within a 350-
foot radius of the break wall.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters within a 350-foot radius of the fireworks 
launch site before, during, and after the scheduled event. The Coast 
Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 6:50 p.m. to 
10:10 p.m. on June 30, 2018. The safety zone would cover all navigable 
waters of the Tennessee River at mile marker (MM) 23 within 350 feet of 
a break wall at Kentucky Dam Marina in Gilbertsville, KY. The duration 
of the zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled fireworks 
display. No vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by phone 
at 1-800-253-7465. Persons and vessels permitted to enter this safety 
zone must transit at their slowest safe speed and comply with all 
lawful directions issued by the COTP or a designated representative. 
The COTP or a designated representative would inform the public through 
broadcast notices to mariners of the enforcement period for the 
temporary safety zone as well as any changes in the planned schedule. 
The regulatory text we are proposing appears at the end of this 
document.

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 13771 directs agencies to control 
regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone, which would 
impact a 350-foot designated area of the Tennessee River for 
approximately 3 hours on one evening. Moreover, the Coast Guard would 
issue a Broadcast Notice to Mariners (BNMs) via VHF-FM marine channel 
16 about the zone, and the rule would allow

[[Page 18242]]

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 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 Directive 023-01 and Commandant Instruction M16475.1D, 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 a safety zone lasting 
approximately 3 hours that would prohibit entry within 350 feet of a 
break wall. Normally, such actions are categorically excluded from 
further review under paragraph L 60(a) of Appendix A, Table 1 of DHS 
Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of 
Environmental Consideration supporting this determination is 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 website'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;

[[Page 18243]]

Department of Homeland Security Delegation No. 0170.1.

0
2. Add Sec.  165.T08-0239 to read as follows:


Sec.  165.T08-0239   Safety Zone; Ohio River, Cincinnati, OH.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Tennessee River at mile marker (MM) 23 within a 350-foot 
radius from fireworks launch site on the Kentucky Dam Marina break wall 
in Gilbertsville, KY.
    (b) Effective date. This section is effective from 6:50 p.m. 
through 10:10 p.m. on June 30, 2018.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM Channel 16 or by phone 
at 1-800-253-7465.
    (3) If permission is granted, all persons and vessels must transit 
at their slowest safe speed and comply with all lawful directions 
issued by the COTP or a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through Broadcast Notice to 
Mariners (BNMs) of the enforcement period for the safety zone as well 
as the date and time of enforcement.

    Dated: April 18, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-08743 Filed 4-25-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                              Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Proposed Rules                                                                                     18241

                                               GRENA, CA ...................................................       FIX   .................................................................   (lat.   41°43′31.31″   N,   long.   122°29′09.72″   W)
                                               TALEM, OR ...................................................       FIX   .................................................................   (lat.   42°08′49.70″   N,   long.   122°52′41.50″   W)
                                               SAMIE, OR ....................................................      FIX   .................................................................   (lat.   42°38′46.29″   N,   long.   123°00′57.97″   W)
                                               BROKN, OR ...................................................       FIX   .................................................................   (lat.   42°45′37.47″   N,   long.   122°57′53.29″   W)
                                               SSTRS, OR .....................................................     WP    .................................................................   (lat.   43°40′36.47″   N,   long.   121°34′47.27″   W)
                                               HERBS, OR ....................................................      FIX   .................................................................   (lat.   44°25′07.23″   N,   long.   121°16′51.75″   W)
                                               JJETT, OR .......................................................   WP    .................................................................   (lat.   44°56′35.43″   N,   long.   121°40′56.36″   W)
                                               CANBY, OR ...................................................       FIX   .................................................................   (lat.   45°18′38.05″   N,   long.   122°45′53.61″   W)
                                               QAARY, OR ...................................................       WP    .................................................................   (lat.   46°07′56.92″   N,   long.   123°29′25.62″   W)
                                               WUMOX, WA ................................................          FIX   .................................................................   (lat.   47°35′07.83″   N,   long.   122°40′26.84″   W)
                                               ZONUV, WA .................................................         WP    .................................................................   (lat.   48°34′10.29″   N,   long.   122°44′14.63″   W)
                                               SECOG, WA ...................................................       FIX   .................................................................   (lat.   48°59′42.80″   N,   long.   122°32′17.97″   W)


                                                 Issued in Washington, DC, on April 18,                             telephone 270–442–1621 ext. 2124,                                            the COTP or a designated
                                               2018.                                                                email Joseph.B.Stranc@uscg.mil.                                              representative. They may be contacted
                                               Rodger A. Dean Jr.,                                                  SUPPLEMENTARY INFORMATION:                                                   on VHF–FM Channel 16 or by phone at
                                               Manager, Airspace Policy Group.                                                                                                                   1–800–253–7465. Persons and vessels
                                                                                                                    I. Table of Abbreviations                                                    permitted to enter this safety zone must
                                               [FR Doc. 2018–08550 Filed 4–25–18; 8:45 am]
                                               BILLING CODE 4910–13–P                                               CFR Code of Federal Regulations                                              transit at their slowest safe speed and
                                                                                                                    COTP Captain of the Port Sector Ohio                                         comply with all lawful directions issued
                                                                                                                        Valley                                                                   by the COTP or a designated
                                                                                                                    DHS Department of Homeland Security                                          representative. The COTP or a
                                               DEPARTMENT OF HOMELAND                                               FR Federal Register
                                               SECURITY                                                             NPRM Notice of proposed rulemaking                                           designated representative would inform
                                                                                                                    § Section                                                                    the public through broadcast notices to
                                               Coast Guard                                                          U.S.C. United States Code                                                    mariners of the enforcement period for
                                                                                                                                                                                                 the temporary safety zone as well as any
                                               33 CFR Part 165                                                      II. Background, Purpose, and Legal                                           changes in the planned schedule. The
                                                                                                                    Basis                                                                        regulatory text we are proposing appears
                                               [Docket Number USCG–2018–0239]
                                                                                                                       On January 17, 2018, the Kentucky                                         at the end of this document.
                                               RIN 1625–AA00                                                        Dam Marina notified the Coast Guard
                                                                                                                                                                                                 IV. Regulatory Analyses
                                                                                                                    that they would be conducting a
                                               Safety Zone; Tennessee River,                                        fireworks display from 7 p.m. through                                          We developed this proposed rule after
                                               Gilbertsville, KY                                                    10 p.m. on June 30, 2018. The fireworks                                      considering numerous statutes and
                                               AGENCY:      Coast Guard, DHS.                                       are to be launched from the break wall                                       Executive orders related to rulemaking.
                                                                                                                    of Kentucky Dam Marina. Hazards from                                         Below we summarize our analyses
                                               ACTION:      Notice of proposed rulemaking.                                                                                                       based on a number of these statutes and
                                                                                                                    firework displays include accidental
                                               SUMMARY:   The Coast Guard proposes to                               discharge of fireworks, dangerous                                            Executive orders and we discuss First
                                               establish a temporary safety zone for                                projectiles, and falling hot embers or                                       Amendment rights of protestors.
                                               certain waters of the Tennessee River.                               other debris. The Captain of the Port                                        A. Regulatory Planning and Review
                                               This action is necessary to provide for                              Sector Ohio Valley (COTP) has
                                               the safety of life on these navigable                                determined that potential hazards                                               Executive Orders 12866 and 13563
                                               waters near Kentucky Dam Marina,                                     associated with the fireworks display                                        direct agencies to assess the costs and
                                               Gilbertsville, KY, during a fireworks                                would be a safety concern for anyone                                         benefits of available regulatory
                                               display. This proposed rulemaking                                    within a 350-foot radius of the break                                        alternatives and, if regulation is
                                               would prohibit persons and vessels                                   wall.                                                                        necessary, to select regulatory
                                               from entering the safety zone unless                                    The purpose of this rulemaking is to                                      approaches that maximize net benefits.
                                               authorized by the Captain of the Port                                ensure the safety of vessels and the                                         Executive Order 13771 directs agencies
                                               Sector Ohio Valley or a designated                                   navigable waters within a 350-foot                                           to control regulatory costs through a
                                               representative. We invite your                                       radius of the fireworks launch site                                          budgeting process. This NPRM has not
                                               comments on this proposed rulemaking.                                before, during, and after the scheduled                                      been designated a ‘‘significant
                                                                                                                    event. The Coast Guard proposes this                                         regulatory action,’’ under Executive
                                               DATES: Comments and related material
                                                                                                                    rulemaking under authority in 33 U.S.C.                                      Order 12866. Accordingly, the NPRM
                                               must be received by the Coast Guard on
                                                                                                                    1231.                                                                        has not been reviewed by the Office of
                                               or before May 29, 2018.
                                                                                                                                                                                                 Management and Budget (OMB), and
                                               ADDRESSES: You may submit comments                                   III. Discussion of Proposed Rule                                             pursuant to OMB guidance it is exempt
                                               identified by docket number USCG–                                       The COTP proposes to establish a                                          from the requirements of Executive
                                               2018–0239 using the Federal                                          safety zone from 6:50 p.m. to 10:10 p.m.                                     Order 13771.
                                               eRulemaking Portal at http://                                        on June 30, 2018. The safety zone would                                         This regulatory action determination
                                               www.regulations.gov. See the ‘‘Public                                cover all navigable waters of the                                            is based on the size, location, duration
                                               Participation and Request for                                        Tennessee River at mile marker (MM) 23                                       and time-of-day of the safety zone.
                                               Comments’’ portion of the                                            within 350 feet of a break wall at                                           Vessel traffic would be able to safely
                                               SUPPLEMENTARY INFORMATION section for
amozie on DSK30RV082PROD with PROPOSALS




                                                                                                                    Kentucky Dam Marina in Gilbertsville,                                        transit around this safety zone, which
                                               further instructions on submitting                                   KY. The duration of the zone is                                              would impact a 350-foot designated area
                                               comments.                                                            intended to ensure the safety of vessels                                     of the Tennessee River for
                                               FOR FURTHER INFORMATION CONTACT: If                                  and these navigable waters before,                                           approximately 3 hours on one evening.
                                               you have questions about this proposed                               during, and after the scheduled                                              Moreover, the Coast Guard would issue
                                               rulemaking, call or email MST3 Joseph                                fireworks display. No vessel or person                                       a Broadcast Notice to Mariners (BNMs)
                                               Stranc, Marine Safety Unit Paducah                                   would be permitted to enter the safety                                       via VHF–FM marine channel 16 about
                                               Waterways division, U.S. Coast Guard;                                zone without obtaining permission from                                       the zone, and the rule would allow


                                          VerDate Sep<11>2014       17:23 Apr 25, 2018       Jkt 244001      PO 00000     Frm 00005        Fmt 4702        Sfmt 4702       E:\FR\FM\26APP1.SGM            26APP1


                                               18242                   Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Proposed Rules

                                               vessels to seek permission to enter the                 Order and have determined that it is                   G. Protest Activities
                                               zone.                                                   consistent with the fundamental                          The Coast Guard respects the First
                                                                                                       federalism principles and preemption                   Amendment rights of protesters.
                                               B. Impact on Small Entities
                                                                                                       requirements described in Executive                    Protesters are asked to contact the
                                                  The Regulatory Flexibility Act of                    Order 13132.                                           person listed in the FOR FURTHER
                                               1980, 5 U.S.C. 601–612, as amended,                        Also, this proposed rule does not have              INFORMATION CONTACT section to
                                               requires Federal agencies to consider                   tribal implications under Executive                    coordinate protest activities so that your
                                               the potential impact of regulations on                  Order 13175, Consultation and                          message can be received without
                                               small entities during rulemaking. The                   Coordination with Indian Tribal                        jeopardizing the safety or security of
                                               term ‘‘small entities’’ comprises small                 Governments, because it would not have                 people, places, or vessels.
                                               businesses, not-for-profit organizations                a substantial direct effect on one or
                                               that are independently owned and                        more Indian tribes, on the relationship                V. Public Participation and Request for
                                               operated and are not dominant in their                  between the Federal Government and                     Comments
                                               fields, and governmental jurisdictions                  Indian tribes, or on the distribution of                  We view public participation as
                                               with populations of less than 50,000.                   power and responsibilities between the                 essential to effective rulemaking, and
                                               The Coast Guard certifies under 5 U.S.C.                Federal Government and Indian tribes.                  will consider all comments and material
                                               605(b) that this proposed rule would not                If you believe this proposed rule has                  received during the comment period.
                                               have a significant economic impact on                   implications for federalism or Indian                  Your comment can help shape the
                                               a substantial number of small entities.                 tribes, please contact the person listed               outcome of this rulemaking. If you
                                                  While some owners or operators of                    in the FOR FURTHER INFORMATION                         submit a comment, please include the
                                               vessels intending to transit the safety                 CONTACT section.                                       docket number for this rulemaking,
                                               zone may be small entities, for the                                                                            indicate the specific section of this
                                               reasons stated in section IV.A above,                   E. Unfunded Mandates Reform Act                        document to which each comment
                                               this proposed rule would not have a                        The Unfunded Mandates Reform Act                    applies, and provide a reason for each
                                               significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                  suggestion or recommendation.
                                               vessel owner or operator.                               Federal agencies to assess the effects of                 We encourage you to submit
                                                  If you think that your business,                                                                            comments through the Federal
                                                                                                       their discretionary regulatory actions. In
                                               organization, or governmental                                                                                  eRulemaking Portal at http://
                                                                                                       particular, the Act addresses actions
                                               jurisdiction qualifies as a small entity                                                                       www.regulations.gov. If your material
                                                                                                       that may result in the expenditure by a
                                               and that this rule would have a                                                                                cannot be submitted using http://
                                                                                                       State, local, or tribal government, in the
                                               significant economic impact on it,                                                                             www.regulations.gov, contact the person
                                                                                                       aggregate, or by the private sector of
                                               please submit a comment (see                                                                                   in the FOR FURTHER INFORMATION
                                                                                                       $100,000,000 (adjusted for inflation) or
                                               ADDRESSES) explaining why you think it                                                                         CONTACT section of this document for
                                                                                                       more in any one year. Though this
                                               qualifies and how and to what degree                                                                           alternate instructions.
                                                                                                       proposed rule would not result in such
                                               this rule would economically affect it.                                                                           We accept anonymous comments. All
                                                  Under section 213(a) of the Small                    an expenditure, we do discuss the
                                                                                                                                                              comments received will be posted
                                               Business Regulatory Enforcement                         effects of this rule elsewhere in this
                                                                                                                                                              without change to http://
                                               Fairness Act of 1996 (Pub. L. 104–121),                 preamble.
                                                                                                                                                              www.regulations.gov and will include
                                               we want to assist small entities in                     F. Environment                                         any personal information you have
                                               understanding this proposed rule. If the                                                                       provided. For more about privacy and
                                               rule would affect your small business,                    We have analyzed this proposed rule
                                                                                                                                                              the docket, visit http://
                                               organization, or governmental                           under Department of Homeland
                                                                                                                                                              www.regulations.gov/privacyNotice.
                                               jurisdiction and you have questions                     Security Directive 023–01 and                             Documents mentioned in this NPRM
                                               concerning its provisions or options for                Commandant Instruction M16475.1D,                      as being available in the docket, and all
                                               compliance, please contact the person                   which guide the Coast Guard in                         public comments, will be in our online
                                               listed in the FOR FURTHER INFORMATION                   complying with the National                            docket at http://www.regulations.gov
                                               CONTACT section. The Coast Guard will                   Environmental Policy Act of 1969 (42                   and can be viewed by following that
                                               not retaliate against small entities that               U.S.C. 4321–4370f), and have made a                    website’s instructions. Additionally, if
                                               question or complain about this                         preliminary determination that this                    you go to the online docket and sign up
                                               proposed rule or any policy or action of                action is one of a category of actions that            for email alerts, you will be notified
                                               the Coast Guard.                                        do not individually or cumulatively                    when comments are posted or a final
                                                                                                       have a significant effect on the human                 rule is published.
                                               C. Collection of Information                            environment. This proposed rule
                                                 This proposed rule would not call for                 involves a safety zone lasting                         List of Subjects in 33 CFR Part 165
                                               a new collection of information under                   approximately 3 hours that would                         Harbors, Marine safety, Navigation
                                               the Paperwork Reduction Act of 1995                     prohibit entry within 350 feet of a break              (water), Reporting and recordkeeping
                                               (44 U.S.C. 3501–3520).                                  wall. Normally, such actions are                       requirements, Security measures,
                                                                                                       categorically excluded from further                    Waterways.
                                               D. Federalism and Indian Tribal                         review under paragraph L 60(a) of
                                               Governments                                                                                                      For the reasons discussed in the
                                                                                                       Appendix A, Table 1 of DHS Instruction                 preamble, the Coast Guard proposes to
                                                  A rule has implications for federalism               Manual 023–01–001–01, Rev. 01. A                       amend 33 CFR part 165 as follows:
amozie on DSK30RV082PROD with PROPOSALS




                                               under Executive Order 13132,                            preliminary Record of Environmental
                                               Federalism, if it has a substantial direct              Consideration supporting this                          PART 165—REGULATED NAVIGATION
                                               effect on the States, on the relationship               determination is available in the docket               AREAS AND LIMITED ACCESS AREAS
                                               between the national government and                     where indicated under ADDRESSES. We
                                               the States, or on the distribution of                   seek any comments or information that                  ■ 1. The authority citation for part 165
                                               power and responsibilities among the                    may lead to the discovery of a                         continues to read as follows:
                                               various levels of government. We have                   significant environmental impact from                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                               analyzed this proposed rule under that                  this proposed rule.                                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;



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                                                                        Federal Register / Vol. 83, No. 81 / Thursday, April 26, 2018 / Proposed Rules                                                18243

                                               Department of Homeland Security Delegation              Colorado on May 26, 2017, addressing                   of the docket. You may view the hard
                                               No. 0170.1.                                             regional haze. The EPA is proposing to                 copy of the docket Monday through
                                               ■ 2. Add § 165.T08–0239 to read as                      approve source-specific revisions to the               Friday, 8:00 a.m. to 4:00 p.m., excluding
                                               follows:                                                nitrogen oxides (NOX) best available                   federal holidays.
                                                                                                       retrofit technology (BART)                             FOR FURTHER INFORMATION CONTACT:
                                               § 165.T08–0239      Safety Zone; Ohio River,            determination for Craig Station Unit 1.                Jaslyn Dobrahner, Air Program, EPA,
                                               Cincinnati, OH.                                         This unit is owned in part and operated                Region 8, Mailcode 8P–AR, 1595
                                                 (a) Location. The following area is a                 by Tri-State Generation & Transmission                 Wynkoop Street, Denver, Colorado,
                                               safety zone: all navigable waters of the                Association, Inc. (Tri-State). We are also             80202–1129, (303) 312–6252,
                                               Tennessee River at mile marker (MM) 23                  proposing to approve revisions to the                  dobrahner.jaslyn@epa.gov.
                                               within a 350-foot radius from fireworks                 NOX reasonable progress determination                  SUPPLEMENTARY INFORMATION:
                                               launch site on the Kentucky Dam                         for Tri-State’s Nucla Station. The EPA is              Throughout this document whenever
                                               Marina break wall in Gilbertsville, KY.                 taking this action pursuant to section                 ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                  (b) Effective date. This section is                  110 of the Clean Air Act (CAA).                        the EPA.
                                               effective from 6:50 p.m. through 10:10                  DATES: Comments: Written comments
                                               p.m. on June 30, 2018.                                  must be received on or before May 29,                  Table of Contents
                                                  (c) Regulations. (1) In accordance with              2018.                                                  I. What action is the EPA taking?
                                               the general regulations in § 165.23 of                  ADDRESSES: Submit your comments,                       II. Background
                                               this part, entry into this zone is                      identified by Docket ID No. EPA–R08–                      A. Requirements of the Clean Air Act and
                                               prohibited unless authorized by the                                                                                  the EPA’s Regional Haze Rule
                                                                                                       OAR–2018–0015, to the Federal                             B. Best Available Retrofit Technology
                                               Captain of the Port Sector Ohio Valley                  Rulemaking Portal: https://
                                               (COTP) or a designated representative.                                                                               (BART)
                                                                                                       www.regulations.gov. Follow the online                    C. Reasonable Progress Requirements
                                                  (2) Persons or vessels desiring to enter             instructions for submitting comments.                     D. Consultation With Federal Land
                                               into or pass through the zone must                      Once submitted, comments cannot be                           Managers (FLMs)
                                               request permission from the COTP or a                   edited or removed from                                    E. Regulatory and Legal History of the 2012
                                               designated representative. They may be                  www.regulations.gov. The EPA may                             Colorado SIP
                                               contacted on VHF–FM Channel 16 or by                    publish any comment received to its                    III. Craig Unit 1—NOX BART
                                               phone at 1–800–253–7465.                                                                                          A. Background
                                                                                                       public docket. Do not submit                              B. May 26, 2017 Submittal
                                                  (3) If permission is granted, all                    electronically any information you
                                               persons and vessels must transit at their                                                                         C. The EPA’s Evaluation of Craig Unit 1
                                                                                                       consider to be Confidential Business                         Amendments
                                               slowest safe speed and comply with all                  Information (CBI) or other information                 IV. Nucla—NOX Reasonable Progress
                                               lawful directions issued by the COTP or                 whose disclosure is restricted by statute.                A. Background
                                               a designated representative.                            Multimedia submissions (audio, video,                     B. May 26, 2017 Submittal
                                                  (d) Informational broadcasts. The                    etc.) must be accompanied by a written                    C. The EPA’s Evaluation of Nucla
                                               COTP or a designated representative                     comment. The written comment is                              Amendments
                                               will inform the public through                                                                                 V. Coordination With FLMs
                                                                                                       considered the official comment and                    VI. The EPA’s Proposed Action
                                               Broadcast Notice to Mariners (BNMs) of                  should include discussion of all points
                                               the enforcement period for the safety                                                                             VII. Incorporation by Reference
                                                                                                       you wish to make. The EPA will                         VIII. Statutory and Executive Order Reviews
                                               zone as well as the date and time of                    generally not consider comments or
                                               enforcement.                                            comment contents located outside of the                I. What action is the EPA taking?
                                                 Dated: April 18, 2018.                                primary submission (i.e., on the web,                     On December 31, 2012, the EPA
                                               M.B. Zamperini,                                         cloud, or other file sharing system). For              approved a regional haze SIP revision
                                               Captain, U.S. Coast Guard, Captain of the               additional submission methods, the full                submitted by the State of Colorado on
                                               Port Sector Ohio Valley.                                EPA public comment policy,                             May 25, 2011. The 2011 SIP revision
                                               [FR Doc. 2018–08743 Filed 4–25–18; 8:45 am]             information about CBI or multimedia                    included NOX BART emission limits for
                                               BILLING CODE 9110–04–P                                  submissions, and general guidance on                   Craig Station Units 1 and 2 near Craig,
                                                                                                       making effective comments, please visit                Colorado, and a NOX reasonable
                                                                                                       http://www2.epa.gov/dockets/                           progress emission limit for the Nucla
                                               ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                                Station located in Montrose County.1
                                                                                                          Docket: All documents in the docket                 The State of Colorado submitted
                                               AGENCY
                                                                                                       are listed in the www.regulations.gov                  proposed revisions to the 2011 SIP
                                               40 CFR Part 52                                          index. Although listed in the index,                   submittal on May 26, 2017, that modify
                                                                                                       some information is not publicly                       the NOX BART determination for Craig
                                               [EPA–R08–OAR–2018–0015; FRL–9976–                       available, e.g., CBI or other information              Unit 1 and the NOX reasonable progress
                                               45—Region 8]                                            whose disclosure is restricted by statute.             determination for Nucla. The EPA is
                                                                                                       Certain other material, such as                        now proposing to approve those
                                               Approval and Promulgation of Air
                                                                                                       copyrighted material, will be publicly                 revisions. Specifically, the EPA is
                                               Quality Implementation Plans;
                                                                                                       available only in hard copy. Publicly                  proposing to approve the State’s
                                               Colorado; Regional Haze State
                                                                                                       available docket materials are available               revisions to the Craig Unit 1 NOX BART
                                               Implementation Plan
                                                                                                       either electronically in                               determination that would require Craig
amozie on DSK30RV082PROD with PROPOSALS




                                               AGENCY:  Environmental Protection                       www.regulations.gov or in hard copy at                 Unit 1 to meet an annual NOX emission
                                               Agency (EPA).                                           the Air Program, Environmental                         limit of 4,065 tons per year (tpy) by
                                               ACTION: Proposed rule.                                  Protection Agency (EPA), Region 8,                     December 31, 2019. The SIP revision
                                                                                                       1595 Wynkoop Street, Denver, Colorado                  would also require the unit to either (1)
                                               SUMMARY:  The Environmental Protection                  80202–1129. The EPA requests that if at                convert to natural gas by August 31,
                                               Agency (EPA) is proposing to approve a                  all possible, you contact the individual               2023, and if converting to natural gas,
                                               State Implementation Plan (SIP)                         listed in the FOR FURTHER INFORMATION
                                               revision submitted by the State of                      CONTACT section to view the hard copy                   1 77   FR 76871 (December 31, 2012).



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Document Created: 2018-11-02 08:19:38
Document Modified: 2018-11-02 08:19:38
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 29, 2018.
ContactIf you have questions about this proposed rulemaking, call or email MST3 Joseph Stranc, Marine Safety Unit Paducah Waterways division, U.S. Coast Guard; telephone 270-442- 1621 ext. 2124, email [email protected]
FR Citation83 FR 18241 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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