83 FR 62259 - Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 232 (December 3, 2018)
Coast Guard
Federal Register Volume 83, Issue 232 (December 3, 2018)
| Page Range | 62259-62262 | |
| FR Document | 2018-26151 |
[Federal Register Volume 83, Number 232 (Monday, December 3, 2018)] [Rules and Regulations] [Pages 62259-62262] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26151] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0868] RIN 1625-AA00 Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is revising the regulation for safety zones for annual fireworks displays in the Captain of the Port Zone Columbia River. This action is necessary to provide for the safety of life on navigable waters during the fireworks displays. This rule includes updating 3 existing safety zones, adding 1 safety zone for a fireworks display that was previously published as a temporary regulation, and removing 10 safety zones for inactive fireworks displays. DATES: This rule is effective January 2, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG- 2018-0868 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email LCDR Dixon Whitley, 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 Information and Regulatory History The Coast Guard is amending the regulation for safety zones for annual fireworks displays in the Captain of the Port Zone Columbia River, 33 CFR 165.1315. This rule is removing 10 safety zones for inactive fireworks displays, adding 1 safety zone for a new, recurring fireworks display for which we previously issued a temporary safety zone, and updating the date or location for 3 existing fireworks displays. On September 28, 2018, the Coast Guard published a notice of proposed rulemaking (NPRM) titled, ``Safety Zone; Annual Fireworks Displays within the Sector Columbia River Captain of the Port Zone'' (83 FR 49028). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to annual fireworks displays. During the comment period that ended October 29, 2018, we received four comments. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Columbia River (COTP) has determined that potential hazards associated with the 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. The purpose of this rule is to ensure safety of vessels and the navigable waters in the safety zone before, during, and after the scheduled events and provides the public accurate information regarding safety zones for annual fireworks displays in the Captain of the Port Zone Columbia River. IV. Discussion of Comments, Changes, and the Rule As noted above, we received four comments on our NPRM published September 28, 2018. The first comment suggested establishing new safety zones to replace the 10 inactive safety zones this rule is removing. There has been no indication from the sponsors of these events that they plan to continue them and our office has not received any additional information to warrant the addition of replacement safety zones. The second and third comments contained no suggested changes or recommendations. The fourth comment supported the creation of this rule. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. The Coast Guard is removing 10 fireworks display safety zones in 33 CFR 165.1315 that are listed in Table 1 below because there has been no indication from the sponsors of these events that they plan to continue them. [[Page 62260]] Table 1--List of Safety Zone We Are Removing From 33 CFR 165.1315 ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- Cinco de Mayo Fireworks....... Portland, OR.... One day in May.. 45[deg]30'58'' N 122[deg]40'12'' W Newport High School Graduation Newport, OR..... One day in June. 44[deg]36'48'' N 124[deg]04'10'' W Fireworks. Celebrate Milwaukie........... Milwaukie, OR... One day in July. 45[deg]26'33'' N 122[deg]38'44'' W 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. Rufus 4th of July Fireworks... Rufus, OR....... One day in July. 45[deg]41'39'' N 120[deg]45'16'' W Maritime Heritage Festival.... St. Helens, OR.. One day in July. 45[deg]51'54'' N 122[deg]47'26'' W Lynch Picnic.................. West Linn, OR... One day in July. 45[deg]23'37'' N 122[deg]37'52'' W First Friday Milwaukie........ Milwaukie, OR... One day in 45[deg]26'33'' N 122[deg]38'44'' W September. Willamette Falls Heritage Oregon City, OR. One day in 45[deg]21'44'' N 122[deg]36'21'' W Festival. October. ---------------------------------------------------------------------------------------------------------------- Additionally, the Coast Guard is adding a new fireworks display safety zone. We previously issued a temporary safety zone (83 FR 30869, July 2, 2018) for that event, and after conferring with the event sponsor, we determined it will become a recurring fireworks display. This safety zone will cover all navigable waters within a 450-yard radius of the fireworks barge in the Willamette River located at approximately 45[deg]24'37'' N, 122[deg]39'30'' W in the vicinity of George Rogers Park in Lake Oswego, OR. The following will be added to the table in 33 CFR 165.1315: ---------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------- City of Lake Oswego 4th of Lake Oswego, OR. One day in July. 45[deg]24'37'' N 122[deg]39'30'' W July Fireworks. ---------------------------------------------------------------------------------------------------------------- Finally, the Coast Guard is revising three existing fireworks display safety zones. These revisions include updating the date for 4th of July at Pekin Ferry to more precisely describe when the fireworks display will occur, correcting the wrong state listed for the Independence Day at the Port and updating the location for the Leukemia and Lymphoma Light the Night Fireworks. These updates will eliminate any confusion caused by the fireworks display safety zones listed in the 33 CFR 165.1315 table and any subsequently issued temporary safety zones resulting from changes to the dates or locations of the events. The regulatory text appears at the end of this document. V. Regulatory Analyses We developed this 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 rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule 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 size, location, duration, and time-of-day of the safety zone. Vessel traffic will be able to safely transit around these safety zones which will impact small designated areas of the Oregon coast, Tillamook Bay, the Columbia River and its tributaries, and the Clatskanie River for approximately 2 hours during the evening when commercial vessel traffic is normally low. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zones, and the rule allows 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 received no comments from the Small Business Administration on this rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zones may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. 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 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. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will 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 [[Page 62261]] various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does 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 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 rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this 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 determined 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 rule involves safety zones lasting less approximately two hours in duration that will prohibit entry within 450 yards of fireworks launch sites. It is categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. 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. 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 amends 33 CFR part 165 as follows: PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04- 1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 165.1315, revise paragraph (a) 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 ---------------------------------------------------------------------------------------------------------------- Portland Rose Festival Portland, OR.... One day in May 45[deg]30'58'' N 122[deg]40'12'' W Fireworks. or June. 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, WA...... One day in July. 46[deg]18'17'' N 124[deg]02'00'' W Fireworks/Independence Day at the Port. 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. Port of Cascade Locks 4th of Cascade Locks, One day in July. 45[deg]40'15'' N 121[deg]53'43'' W July Fireworks. OR. 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 Winchester Bay 4th of July Winchester Bay, One day in July. 43[deg]40'56'' N 124[deg]11'13'' W Fireworks. OR. Brookings, OR July 4th Brookings, OR... One day in July. 42[deg]02'39'' N 124[deg]16'14'' W Fireworks. 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 [[Page 62262]] 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.. Saturday before 45[deg]52'07'' N 122[deg]43'53'' W July 4th. 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 45[deg]30'42'' N 122[deg]40'14'' W Fireworks. August or September. Astoria Regatta............... Astoria, OR..... One day in 46[deg]11'34'' N 123[deg]49'28'' W August. Leukemia and Lymphoma Light Portland, OR.... One day in 45[deg]30'23'' N 122[deg]40'4'' W the Night Fireworks. October. Veterans Day Celebration...... The Dalles, OR.. One day in 45[deg]36'18'' N 121[deg]10'34'' W November. ---------------------------------------------------------------------------------------------------------------- * * * * * Dated: November 27, 2018. D.F. Berliner, Captain, U.S. Coast Guard, Acting Captain of the Port Columbia River. [FR Doc. 2018-26151 Filed 11-30-18; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations 62259
Under the provisions of 33 CFR ACTION: Final rule. III. Legal Authority and Need for Rule
165.33, no person or vessel may enter or
remain in this security zone without the SUMMARY: The Coast Guard is revising The Coast Guard is issuing this rule
permission of the Captain of the Port the regulation for safety zones for under authority in 33 U.S.C. 1231. The
Detroit. Each person and vessel in this annual fireworks displays in the Captain Captain of the Port Columbia River
security zone shall obey any direction or of the Port Zone Columbia River. This (COTP) has determined that potential
order of the Captain of the Port Detroit. action is necessary to provide for the hazards associated with the fireworks
The Captain of the Port Detroit may take safety of life on navigable waters during displays create hazardous conditions for
possession and control of any vessel in the fireworks displays. This rule the maritime public because of the large
this security zone. The Captain of the includes updating 3 existing safety number of vessels near the displays, as
Port Detroit may remove any person, zones, adding 1 safety zone for a well as the noise, falling debris, and
vessel, article, or thing from this fireworks display that was previously explosions that occur during the event.
security zone. No person may board, or published as a temporary regulation, Because firework discharge sites pose a
take or place any article or thing on and removing 10 safety zones for
potential hazard to the maritime public,
board any vessel in this security zone inactive fireworks displays.
these safety zones are necessary in order
without the permission of the Captain of DATES: This rule is effective January 2,
to restrict vessel movement and reduce
Port Detroit. No person may take or 2019.
vessel congregation in the proximity of
place any article or thing upon any ADDRESSES: To view documents
the firework discharge sites. The
waterfront facility in this security zone mentioned in this preamble as being
purpose of this rule is to ensure safety
without the permission of the Captain of available in the docket, go to https://
www.regulations.gov, type USCG–2018– of vessels and the navigable waters in
the Port Detroit.
Vessels that wish to transit through 0868 in the ‘‘SEARCH’’ box and click the safety zone before, during, and after
this security zone shall request ‘‘SEARCH.’’ Click on Open Docket the scheduled events and provides the
permission from the Captain of the Port Folder on the line associated with this public accurate information regarding
Detroit or his designated representative. rule. safety zones for annual fireworks
Requests must be made in advance and FOR FURTHER INFORMATION CONTACT: If displays in the Captain of the Port Zone
approved by the Captain of Port before you have questions on this rule, call or Columbia River.
transits will be authorized. Approvals email LCDR Dixon Whitley, Waterways
may be granted on a case by case basis. IV. Discussion of Comments, Changes,
Management Division, Marine Safety and the Rule
The Captain of the Port may be Unit Portland, Coast Guard; telephone
contacted via U.S. Coast Guard Sector 503–240–9319, email msupdxwwm@ As noted above, we received four
Detroit on channel 16, VHF–FM. The uscg.mil. comments on our NPRM published
Coast Guard will give notice to the September 28, 2018. The first comment
public via Local Notice to Mariners and SUPPLEMENTARY INFORMATION:
suggested establishing new safety zones
VHF radio broadcasts that the regulation I. Table of Abbreviations to replace the 10 inactive safety zones
is in effect and when enforced.
This document is issued under CFR Code of Federal Regulations this rule is removing. There has been no
authority of 33 CFR 165.915 and 5 DHS Department of Homeland Security indication from the sponsors of these
FR Federal Register events that they plan to continue them
U.S.C. 552(a). If the Captain of the Port NPRM Notice of proposed rulemaking
determines that this security zone need § Section
and our office has not received any
not be enforced for the full duration U.S.C. United States Code additional information to warrant the
stated in this document; he may addition of replacement safety zones.
suspend such enforcement and notify II. Background Information and The second and third comments
the public of the suspension via a Regulatory History contained no suggested changes or
Broadcast Notice to Mariners. The Coast Guard is amending the recommendations. The fourth comment
Dated: November 27, 2018. regulation for safety zones for annual supported the creation of this rule.
Jeffrey W. Novak, fireworks displays in the Captain of the There are no changes in the regulatory
Captain, U.S. Coast Guard, Captain of the
Port Zone Columbia River, 33 CFR text of this rule from the proposed rule
Port Detroit. 165.1315. This rule is removing 10 in the NPRM.
safety zones for inactive fireworks
[FR Doc. 2018–26149 Filed 11–30–18; 8:45 am] The Coast Guard is removing 10
displays, adding 1 safety zone for a new,
BILLING CODE 9110–04–P fireworks display safety zones in 33 CFR
recurring fireworks display for which
we previously issued a temporary safety 165.1315 that are listed in Table 1 below
zone, and updating the date or location because there has been no indication
DEPARTMENT OF HOMELAND from the sponsors of these events that
SECURITY for 3 existing fireworks displays.
On September 28, 2018, the Coast they plan to continue them.
Coast Guard Guard published a notice of proposed
rulemaking (NPRM) titled, ‘‘Safety
33 CFR Part 165 Zone; Annual Fireworks Displays
within the Sector Columbia River
[Docket Number USCG–2018–0868]
Captain of the Port Zone’’ (83 FR
RIN 1625–AA00 49028). There we stated why we issued
the NPRM, and invited comments on
khammond on DSK30JT082PROD with RULES
Safety Zone; Annual Fireworks our proposed regulatory action related
Displays Within the Sector Columbia to annual fireworks displays. During the
River Captain of the Port Zone comment period that ended October 29,
AGENCY: Coast Guard, DHS. 2018, we received four comments.
VerDate Sep<11>2014 16:14 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1](https://thefederalregister.org/doc/83_FR_62491/page/1.svg)
![62262 Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 / Rules and Regulations
Event name Event location Date of event Latitude Longitude
(typically)
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 ................ Saturday before July 4th 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 45°30′42″ N 122°40′14″ W
September.
Astoria Regatta ........................................................ Astoria, OR ..................... One day in August ......... 46°11′34″ N 123°49′28″ W
Leukemia and Lymphoma Light the Night Fire- Portland, OR ................... One day in October ........ 45°30′23″ N 122°40′4″ W
works.
Veterans Day Celebration ....................................... The Dalles, OR ............... One day in November .... 45°36′18″ N 121°10′34″ W
* * * * * ADDRESSES: The EPA has established a submittal of the initial regional haze
Dated: November 27, 2018. docket for this action under Docket ID plan. On January 21, 2011, South Dakota
D.F. Berliner,
No. EPA–R08–OAR–2017–0672. All submitted the State’s first regional haze
documents in the docket are listed on SIP in accordance with 40 CFR 51.308,
Captain, U.S. Coast Guard, Acting Captain
of the Port Columbia River.
the http://www.regulations.gov website. which the EPA fully approved.2
Although listed in the index, some On January 27, 2016, South Dakota
[FR Doc. 2018–26151 Filed 11–30–18; 8:45 am]
information is not publicly available, submitted its Progress Report which,
BILLING CODE 9110–04–P
e.g., CBI or other information whose among other things, detailed the
disclosure is restricted by statute. progress made in the first period toward
Certain other material, such as implementation of the long-term
ENVIRONMENTAL PROTECTION copyrighted material, is not placed on strategy outlined in the State’s regional
AGENCY the internet and will be publicly haze plan; the visibility improvement
available only in hard copy form. measured at Badlands and Wind Cave
40 CFR Part 52 Publicly available docket materials are National Parks, the two Class I areas
available through http:// within South Dakota, and at Class I
[EPA–R08–OAR–2017–0672; FRL–9986–75– www.regulations.gov, or please contact areas outside of the State potentially
Region 8] the person identified in the FOR FURTHER impacted by emissions from South
INFORMATION CONTACT section for Dakota; and a determination of the
Approval and Promulgation of additional availability information. adequacy of the State’s existing regional
Implementation Plans; South Dakota; FOR FURTHER INFORMATION CONTACT: Kate haze plan.
Regional Haze 5-Year Progress Report Gregory, Air Program, Environmental In a notice of proposed rulemaking
State Implementation Plan Protection Agency, 1595 Wynkoop (NPRM) published on March 19, 2018
AGENCY: Environmental Protection Street, Denver, Colorado 80202–1129, (83 FR 11946), the EPA proposed to
Agency (EPA). (303) 312–6175, or by email at approve South Dakota’s Progress Report.
gregory.kate@epa.gov. The details of South Dakota’s
ACTION: Final rule.
SUPPLEMENTARY INFORMATION: submission and the rationale for the
SUMMARY: The Environmental Protection Throughout this document ‘‘we,’’ ‘‘us,’’ EPA’s actions are explained in the
Agency (EPA) is finalizing approval of and ‘‘our’’ means the EPA. NPRM.
a State Implementation Plan (SIP) I. Background II. Response to Comments
revision submitted by the State of South
Dakota through the South Dakota States are required to submit a Comments on the proposed
Department of Environment and Natural progress report in the form of a SIP rulemaking were due on or before April
Resources (DENR) on January 27, 2016. revision for the first implementation 18, 2018. The EPA received a total of 16
South Dakota’s January 27, 2016 SIP period that evaluates progress towards public comment submissions on the
revision (Progress Report) addresses the RPGs for each mandatory Class I proposed approval. All public
requirements of the Clean Air Act (CAA federal area1 (Class I area) within the comments received on this rulemaking
or Act) and the EPA’s rules that require state and for each Class I area outside action are available for review by the
each state to submit periodic reports the state which may be affected by public and may be viewed by following
describing progress towards reasonable emissions from within the state (40 CFR the instructions for access to docket
progress goals (RPGs) established for 51.308(g)). In addition, the provisions of materials as outlined in the ADDRESSES
regional haze and a determination of the 40 CFR 51.308(h) require states to section of this preamble. After
adequacy of the state’s existing SIP submit, at the same time as the 40 CFR reviewing the comments, the EPA has
addressing regional haze (regional haze 51.308(g) progress report, a determined that 15 of the comment
plan). The EPA is finalizing approval of determination of the adequacy of the submissions are outside the scope of our
South Dakota’s determination that the state’s existing regional haze plan. The proposed action and/or fail to identify
first progress report is due 5 years after
khammond on DSK30JT082PROD with RULES
State’s regional haze plan is adequate to any material issue necessitating a
meet these RPGs for the first response. We received one comment
1 Areas designated as mandatory Class I federal
implementation period covering letter from the National Parks
areas consist of national parks exceeding 6000
through 2018 and requires no acres, wilderness areas and national memorial parks
2 77 FR 24845 (April 26, 2012). EPA fully
substantive revision at this time. exceeding 5000 acres, and all international parks
that were in existence on August 7, 1977 (42 U.S.C. approved South Dakota’s regional haze SIP
DATES: This rule will be effective 7472(a)). These areas are listed at 40 CFR part 81, submittal addressing the requirements of the first
January 2, 2019. subpart D. implementation period for regional haze.
VerDate Sep<11>2014 16:14 Nov 30, 2018 Jkt 247001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\03DER1.SGM 03DER1](https://thefederalregister.org/doc/83_FR_62491/page/4.svg)
Document Created: 2018-12-01 00:56:10
Document Modified: 2018-12-01 00:56:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective January 2, 2019. | |
| Contact | If you have questions on this rule, call or email LCDR Dixon Whitley, Waterways Management Division, Marine Safety Unit Portland, Coast Guard; telephone 503-240-9319, email [email protected] | |
| FR Citation | 83 FR 62259 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR