[Federal Register Volume 86, Number 94 (Tuesday, May 18, 2021)]
[Rules and Regulations]
[Pages 26837-26842]
[FR Doc No: 2021-10464]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0014]
RIN 1625-AA00

Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending and updating its safety zone
regulations for annual events that take place in the Coast Guard Sector
Ohio Valley area. This action is necessary to update the current list
of recurring safety zones with revisions, additional events, and
removal of events that no longer take place in the Sector Ohio Valley.
When these safety zones are enforced, certain restrictions are placed
on marine traffic in specified areas.

DATES: This rule is effective May 18, 2021.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0014 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 Petty Officer Christopher Roble, Sector Ohio Valley, U.S.
Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AOR Area of Responsibility
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Captain of the Port Sector Ohio Valley (COTP) is amending 33
CFR 165.801 to update the table of annual fireworks displays and other
events in Coast Guard Sector Ohio Valley Area of Responsibility (AOR).
These events include air shows, fireworks displays, and other events
requiring a safety zone.
    On February 24, 2021, the Coast Guard published a notice of
proposed rulemaking (NPRM) titled, ``Safety Zones; Coast Guard Sector
Ohio Valley Annual and Recurring Safety Zones Update'' (86 FR 11198).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to those recurring safety zones.
During the comment period that ended on March 26, 2021, no comments
were received.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to respond to the potential safety hazards
associated with these events.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Coast

Guard is amending and updating the safety zones under 33 CFR part 165
to include the most up to date list of recurring safety zones for
events held on or around navigable waters within the Sector Ohio Valley
AOR. These events include fireworks displays, air shows, and festivals.
The current list in 33 CFR 165.801 requires amending to provide new
information on existing safety zones and to include new safety zones
expected to recur annually or biannually. Issuing individual
regulations for each new safety zone, amendment of existing safety
zones creates unnecessary administrative costs and burdens. This
rulemaking reduces administrative overhead and provides the public with
notice through publication in the Federal Register of the upcoming
recurring safety zones. Based on the nature of these events, large
numbers of participants and spectators, and event locations, the COTP
has determined that the events listed in this rule could pose a risk to
participants or waterways users if the normal vessel traffic were to
interfere with the events. Possible hazards include risks of injury or
death from near or actual contact among participant vessels and
spectators or mariners traversing through the regulated area. This
purpose of this rule is to ensure the safety of all waterway users,
including event participants and spectators, during the scheduled
events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published
February 24, 2021. There are no changes in the regulatory text of this
rule from the proposed rule on the NPRM.
    This rule amends and updates part 165 or 33 CFR by revising the
current table for Sector Ohio Valley, and by adding two new recurring
safety zones as described in the NPRM. Vessels intending to transit the
designated waterway through the safety zone will only be allowed to
transit the area when the COTP, or a designated representative, has
deemed it safe to do so or at the completion of the event.

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. 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).
    This regulatory action determination is based on the size,
location, and duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic areas. Moreover, the Coast Guard would issue a Broadcast
Notices to Mariners, Local Notices to Mariners, and Marine Safety
Information Broadcasts to inform the community of these safety zones.

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
call or email 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 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 Order
13132.
    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.

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, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), 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. It is categorically
excluded from further review under paragraph L of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination for each of
the safety zones will be made available in the docket before the event.
For instructions on locating the docket, see the ADDRESSES section of
this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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: 46 U.S.C. 70034, 70051; 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.  165.801, revise table 1 to read as follows:

Sec.  165.801  Annual fireworks displays and other events in the Eighth
Coast Guard District recurring safety zones.

* * * * *

                 Table 1 of Sec.   165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                   Sector Ohio Valley
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. 3 days--Third or Fourth weekend in  Henderson Breakfast      Henderson, KY..........  Ohio River, Miles 802.5-
 April.                                 Lions Club Tri-Fest.                              805.5 (Kentucky).
2. Multiple days--April through        Pittsburgh Pirates       Pittsburgh, PA.........  Allegheny River, Miles
 November.                              Season Fireworks.                                 0.2-0.9
                                                                                (Pennsylvania).
3. Multiple days--April through        Cincinnati Reds Season   Cincinnati, OH.........  Ohio River, Miles 470.1-
 November.                              Fireworks.                                        470.4; extending 500
                                                                                ft. from the State of
                                                                                Ohio shoreline (Ohio).
4. Multiple days--April through        Pittsburgh Riverhounds   Pittsburgh, PA.........  Monongahela River,
 November.                              Season Fireworks.                                 Miles 0.22-0.77
                                                                                (Pennsylvania).
5. 1 day--First week in May..........  Belterra Park Gaming     Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Fireworks.                                        462.0 (Ohio).
6. 3 days in May.....................  US Rowing Southeast      Oak Ridge, TN..........  Clinch River, Miles
                                        Youth Championship                                48.5-52 (Tennessee).
                                        Regatta.
7. 1 day--One Friday in May prior to   Live on the Levee        Charleston, WV.........  Kanawha River, Mile
 memorial day.                          Memorial Day Fireworks/                           58.1-59.1 (West
                                        City of Charleston.                               Virginia).
8. 1 day--Saturday before Memorial     Venture Outdoors         Pittsburgh, PA.........  Allegheny River, Miles
 Day.                                   Festival.                                         0.0-0.25; Monongahela
                                                                                River, Miles 0.0-0.25
                                                                                (Pennsylvania).
9. 3 days in June....................  CMA Festival...........  Nashville, TN..........  Cumberland River, Miles
                                                                                190.7-191.1 extending
                                                                                100 feet from the left
                                                                                descending bank
                                                                                (Tennessee)
10. 1 day in June....................  Cumberland River         Nashville, TN..........  Cumberland River, Miles
                                        Compact/Nashville                                 189.7-192.1
                                        Splash Bash.                                      (Tennessee).
11. 2 days--A weekend in June........  Rice's Landing           Rice's Landing, PA.....  Monongahela River,
                                        Riverfest.                                        Miles 68.0-68.8
                                                                                (Pennsylvania).
12. 2 days--Second Friday and          City of Newport, KY/     Newport, KY............  Ohio River, Miles 468.6-
 Saturday in June.                      Italianfest.                                      471.0 (Kentucky and
                                                                                Ohio).
13. 1 day in June....................  Friends of the           Chattanooga, TN........  Tennessee River, Miles
                                        Festival, Inc./                                   462.7-465.2
                                        Riverbend Festival                                (Tennessee).
                                        Fireworks.
14. 1 day--Second or Third week of     TriState Pottery         East Liverpool, OH.....  Ohio River, Miles 42.5-
 June.                                  Festival Fireworks.                               45.0 (Ohio).
15. 3 days--One of the last three      Hadi Shrine/Evansville   Evansville, IN.........  Ohio River, Miles 790.0-
 weekends in June.                      Freedom Festival Air                              796.0 (Indiana).
                                        Show.
16. 1 day--One weekend in June.......  West Virginia Symphony   Charleston, WV.........  Kanawha River, Miles
                                        Orchestra/Symphony                                59.5-60.5 (West
                                        Sunday.                                           Virginia).
17. One weekend in June..............  Alzheimer's Water        Wheeling, WV...........  Ohio River Mile 90.3-
                                        Lantern Festival/IC                               91.8.
                                        Care.
18. 1 day--Last weekend in June or     Riverview Park           Louisville, KY.........  Ohio River, Miles 617.5-
 first weekend in July.                 Independence Festival.                            620.5 (Kentucky).
19. 1 day--Last weekend in June or     City of Point Pleasant/  Point Pleasant, WV.....  Ohio River, Miles 265.2-
 First weekend in July.                 Point Pleasant                                    266.2, Kanawha River
                                        Sternwheel Fireworks.                             Miles 0.0-0.5 (West
                                                                                Virginia).
20. 1 day--Last weekend in June or     City of Aurora/Aurora    Aurora, IN.............  Ohio River, Mile 496.7;
 first weekend in July.                 Firecracker Festival.                             1400 ft. radius from
                                                                                the Consolidated Grain
                                                                                Dock located along the
                                                                                State of Indiana
                                                                                shoreline at (Indiana
                                                                                and Kentucky).
21. 1 day--Last week of June or first  PUSH Beaver County/      Beaver, PA.............  Ohio River, Miles 25.2-
 week of July.                          Beaver County Boom.                               25.6 (Pennsylvania).
22. 1 day--Last weekend in June or     Evansville Freedom       Evansville, IN.........  Ohio River, Miles 790.0-
 first week in July.                    Celebration/4th of                                796.0 (Indiana).
                                        July Fireworks.
23. 1 day--Last week in June or first  Newburgh Fireworks       Newburgh, IN...........  Ohio River, Miles 777.3-
 week of July.                          Display.                                          778.3 (Indiana).
24. 1 day--Last week in June or First  Rising Sun Fireworks...  Rising Sun, IN.........  Ohio River, Miles 506.0-
 week in July.                                                                            507.0 (Indiana).
25. 1 day--Weekend before the 4th of   Kentucky Dam Marine/     Gilbertsville, KY......  350 foot radius, from
 July.                                  Kentucky Dam Marina                               the fireworks launch
                                        Fireworks.                                        site, on the entrance
                                                                                jetties at Kentucky
                                                                                Dam Marina, on the
                                                                                Tennessee River at
                                                                                Mile Marker 23
                                                                                (Kentucky).
26. 1 day in July....................  Town of Cumberland City/ Cumberland City, TN....  Cumberland River, Miles
                                        Lighting up the                                   103.0-105.5
                                        Cumberlands.                                      (Tennessee).
27. 1 day in July....................  Chattanooga Presents/    Chattanooga, TN........  Tennessee River, Miles
                                        Pops on the River.                                462.7-465.2
                                                                                (Tennessee).

28. 1 day in July....................  Randy Boyd/Independence  Knoxville, TN..........  Tennessee River, Miles
                                        Celebration Fireworks                             625.0-628.0
                                        Display.                                          (Tennessee).
29. 1 day--July 3rd..................  Moors Resort and Marina/ Gilbertsville, KY......  600 foot radius, from
                                        Kentucky Lake Big Bang.                           the fireworks launch
                                                                                site, on the entrance
                                                                                jetty to Moors Resort
                                                                                and Marina, on the
                                                                                Tennessee River at
                                                                                mile marker 30.5.
                                                                                (Kentucky).
30. 1 day--3rd or 4th of July........  City of Paducah, KY....  Paducah, KY............  Ohio River, Miles 934.0-
                                                                                936.0; Tennessee
                                                                                River, Miles 0.0-1.0
                                                                                (Kentucky).
31. 1 day--3rd or 4th of July........  City of Hickman, KY/     Hickman, KY............  700 foot radius from
                                        Town Of Hickman                                   GPS coordinate
                                        Fireworks.                                        36[deg]34.5035 N,
                                                                                089[deg]11.919 W, in
                                                                                Hickman Harbor located
                                                                                at mile marker 921.5
                                                                                on the Lower
                                                                                Mississippi River
                                                                                (Kentucky).
32. 1 day--July 4th..................  City of Knoxville/       Knoxville, TN..........  Tennessee River, Miles
                                        Knoxville Festival on                             646.3-648.7
                                        the 4th.                                          (Tennessee).
33. 1 day in July....................  Nashville NCVC/          Nashville, TN..........  Cumberland River, Miles
                                        Independence                                      189.7-192.3
                                        Celebration.                                      (Tennessee).
34. 1 day in July....................  Shoals Radio Group/      Florence, AL...........  Tennessee River, Miles
                                        Spirit of Freedom                                 254.5-257.4 (Alabama).
                                        Fireworks.
35. 1 day--4th of July (Rain date--    Monongahela Area         Monongahela, PA........  Monongahela River,
 July 5th).                             Chamber of Commerce/                              Milse 032.0-033.0
                                        Monongahela 4th of                                (Pennsylvania).
                                        July Celebration.
36. 1 day--July 4th..................  Cities of Cincinnati,    Newport, KY............  Ohio River, Miles 469.6-
                                        OH and Newport, KY/                               470.2 (Kentucky and
                                        July 4th Fireworks.                               Ohio).
37. 1 day--July 4th..................  Wellsburg 4th of July    Wellsburg, WV..........  Ohio River, Miles 73.5-
                                        Committee/Wellsburg                               74.5 (West Virginia).
                                        4th of July Freedom
                                        Celebration.
38. 1 day--week of July 4th..........  Wheeling Symphony        Wheeling, WV...........  Ohio River, Miles 90-92
                                        fireworks.                                        (West Virginia).
39. 1 day--First week or weekend in    Summer Motions Inc./     Ashland, KY............  Ohio River, Miles 322.1-
 July.                                  Summer Motion.                                    323.1 (Kentucky).
40. 1 day--week of July 4th..........  Chester Fireworks......  Chester, WV............  Ohio River mile 42.0-
                                                                                44.0 (West Virginia).
41. 1 day--First week of July........  Toronto 4th of July      Toronto, OH............  Ohio River, Mile 58.2-
                                        Fireworks.                                        58.8 (Ohio).
42. 1 day--First week of July........  Cincinnati Symphony      Cincinnati, OH.........  Ohio River, Miles 460.0-
                                        Orchestra.                                        462.0 (Ohio).
43. 1 day--First weekend or week in    Queen's Landing          Greenup, KY............  Ohio River, Miles 339.3-
 July.                                  Fireworks.                                        340.3 (West Virginia).
44. 1 day--First week or weekend in    Gallia County Chamber    Gallipolis, OH.........  Ohio River, Miles 269.5-
 July.                                  of Commerce/Gallipolis                            270.5 (Ohio).
                                        River Recreation
                                        Festival.
45. 1 day--First week or weekend in    Kindred Communications/  Huntington, WV.........  Ohio River, Miles 307.8-
 July.                                  Dawg Dazzle.                                      308.8 (West Virginia).
46. 1 day--First week or weekend in    Greenup City...........  Greenup, KY............  Ohio River, Miles 335.2-
 July.                                                                                336.2 (Kentucky).
47. 1 day--First week or weekend in    Middleport Community     Middleport, OH.........  Ohio River, Miles 251.5-
 July.                                  Association.                                      252.5 (Ohio).
48. 1 day--First week or weekend in    People for the Point     South Point, OH........  Ohio River, Miles 317-
 July.                                  Party in the Park.                                318 (Ohio).
49. 1 day--One of the first two        City of Bellevue, KY/    Bellevue, KY...........  Ohio River, Miles468.2-
 weekends in July.                      Bellevue Beach Park                               469.2 (Kentucky &
                                        Concert Fireworks.                                Ohio).
50. 1 day--First Week of July........  Pittsburgh 4th of July   Pittsburgh, PA.........  Ohio River, Miles 0.0-
                                        Celebration.                                      0.5, Allegheny River,
                                                                                Miles 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Miles 0.0-0.5
                                                                                (Pennsylvania).
51. 1 day--First week or weekend in    City of Charleston/City  Charleston, WV.........  Kanawha River, Miles
 July.                                  of Charleston                                     58.1-59.1 (West
                                        Independence Day                                  Virginia).
                                        Celebration.
52. 1 day--First week or weekend in    Portsmouth River Days..  Portsmouth, OH.........  Ohio River, Miles 355.5-
 July.                                                                                357.0 (Ohio).
53. 1 day--During the first week of    Louisville Bats          Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Baseball Club/                                    605.0 (Kentucky).
                                        Louisville Bats
                                        Firework Show.
54. 1 day--During the first week of    Waterfront Independence  Louisville, KY.........  Ohio River, Miles 602.0-
 July.                                  Festival/Louisville                               605.0 (Kentucky).
                                        Orchestra Waterfront
                                        4th.
55. 1 day--During the first week of    Celebration of the       Owensboro, KY..........  Ohio River, Miles 754.0-
 July.                                  American Spirit                                   760.0 (Kentucky).
                                        Fireworks/All American
                                        4th of July.
56. 1 day--During the first week of    Riverfront Independence  New Albany, IN.........  Ohio River, Miles 606.5-
 July.                                  Festival Fireworks.                               609.6 (Indiana).
57. 1 day in July....................  Grand Harbor Marina/     Counce, TN.............  Tennessee-Tombigbee
                                        Grand Harbor Marina                               Waterway, Miles 448.5-
                                        July 4th Celebration.                             451.0 (Tennessee).
58. 1 night in July..................  Steubenville fireworks.  Steubenville, OH.......  Ohio River Mile 67.5-
                                                                                68.5
59. 1 day--During the first two weeks  City of Maysville        Maysville, KY..........  Ohio River, Miles 408-
 of July.                               Fireworks.                                        409 (Kentucky).
60. 1 day--One of the first two        Madison Regatta, Inc./   Madison, IN............  Ohio River, Miles 554.0-
 weekends in July.                      Madison Regatta.                                  561.0 (Indiana).
61. 1 day--Third Saturday in July....  Pittsburgh Irish Rowing  Pittsburgh, PA.........  Ohio River, Miles 7.0-
                                        Club/St. Brendan's Cup                            9.0 (Pennsylvania).
                                        Currach Regatta.
62. 1 day--Third or fourth week in     Upper Ohio Valley        Wheeling, WV...........  Ohio River, Miles 90.0-
 July.                                  Italian Heritage                                  90.5 (West Virginia).
                                        Festival/Upper Ohio
                                        Valley Italian
                                        Heritage Festival
                                        Fireworks.
63. 1 day--Saturday Third or Fourth    Oakmont Yacht Club/      Oakmont, PA............  Allegheny River, Miles
 full week of July (Rain date--         Oakmont Yacht Club                                12.0-12.5
 following Sunday).                     Fireworks.                                        (Pennsylvania).
64. 2 days--One weekend in July......  Marietta Riverfront      Marietta, OH...........  Ohio River, Miles 171.6-
                                        Roar Fireworks.                                   172.6 (Ohio).
65. 1 Day in July....................  Three Rivers Regatta...  Knoxville, TN..........  Tennessee River, Miles
                                                                                642-653 (Tennessee).
66. 1 day--Last weekend in July or     Fort Armstrong Folk      Kittanning, PA.........  Allegheny River, Mile
 first weekend in August.               Music Festival.                                   45.1-45.5
                                                                                (Pennsylvania).
67. 1 day--First week of August......  Kittaning Folk Festival  Kittanning, PA.........  Allegheny River, Miles
                                                                                44.0-46.0
                                                                                (Pennsylvania).
68. 1 day--First week in August......  Gliers Goetta Fest LLC.  Newport, KY............  Ohio River, Miles 469.0-
                                                                                471.0.
69. 1 day--First or second week of     Bellaire All-American    Bellaire, OH...........  Ohio River, Miles 93.5-
 August.                                Days.                                             94.5 (Ohio).
70. 1 day--Second full week of August  PA FOB Fireworks         Pittsburgh, PA.........  Allegheny River, Miles
                                        Display.                                          0.8-1.0
                                                                                (Pennsylvania).

71. 1 day--Second Saturday in August.  Guyasuta Days Festival/  Pittsburgh, PA.........  Allegheny River, Miles
                                        Borough of Sharpsburg.                            005.5-006.0
                                                                                (Pennsylvania).
72. 1 day--In the Month of August....  Pittsburgh Foundation/   Pittsburgh, PA.........  Ohio River, Mile 0.0-
                                        Bob O'Connor Cookie                               0.5 (Pennsylvania).
                                        Cruise.
73. 1 day--Third week of August......  Beaver River Regatta     Beaver, PA.............  Ohio River, Miles 25.2-
                                        Fireworks.                                        25.8 (Pennsylvania).
74. 1 day--One weekend in August.....  Parkersburg Homecoming   Parkersburg, WV........  Ohio River, Miles 183.5-
                                        Festival-Fireworks.                               185.5 (West Virginia).
75. 1 day--One weekend in August.....  Ravenswood River         Ravenswood, WV.........  Ohio River, Miles 220-
                                        Festival.                                         221 (West Virginia).
76. 1 day--The second or third         Green Turtle Bay Resort/ Grand Rivers, KY.......  420 foot radius, from
 weekend of August.                     Grand Rivers Marina                               the fireworks launch
                                        Day.                                              site, at the entrance
                                                                                to Green Turtle Bay
                                                                                Resort, on the
                                                                                Cumberland River at
                                                                                mile marker 31.5.
                                                                                (Kentucky).
77. 1 day--last 2 weekends in August/  Wheeling Dragon Boat     Wheeling, WV...........  Ohio River, Miles 90.4-
 first week of September.               Race.                                             91.5 (West Virginia).
78. Sunday, Monday, or Thursday from   Pittsburgh Steelers      Pittsburgh, PA.........  Allegheny River, Miles
 August through February.               Fireworks.                                        0.0-0.25, Ohio River,
                                                                                Miles 0.0-0.1,
                                                                                Monongahela River,
                                                                                Miles 0.0-0.1.
                                                                                (Pennsylvania).
79. 1 day--Labor day.................  Portsmouth Labor Day     Portsmouth, OH.........  Ohio River, Mile 355.8-
                                        Fireworks/Hamburg                                 356.8 (Ohio)
                                        Fireworks.
80. 1 day--one weekend before Labor    Riverfest/Riverfest Inc  Nitro, WV..............  Kanawha River, Miles
 Day.                                                                                43.1-44.2 (West
                                                                                Virginia).
81. 2 days--Sunday before Labor Day    Cincinnati Bell, WEBN,   Cincinnati, OH.........  Ohio River, Miles 469.2-
 and Labor Day.                         and Proctor and Gamble/                           470.5 (Kentucky and
                                        Riverfest.                                        Ohio) and Licking
                                                                                River, Miles 0.0-3.0
                                                                                (Kentucky).
82. 1 day--Labor Day or first week of  Labor Day Fireworks      Marmet, WV.............  Kanawha River, Miles
 September.                             Show.                                             67.5-68 (West
                                                                                Virginia).
83. 1 day in September...............  Nashville Symphony/      Nashville, TN..........  Cumberland River, Miles
                                        Concert Fireworks.                                190.1-192.3
                                                                                (Tennessee).
84. 1 day--Second weekend in           City of Clarksville/     Clarksville, TN........  Cumberland River, Miles
 September.                             Clarksville Riverfest.                            124.5-127.0
                                                                                (Tennessee).
85. 3 days--Second or third week in    Wheeling Heritage Port   Wheeling, WV...........  Ohio River, Miles 90.2-
 September.                             Sternwheel Festival                               90.7 (West Virginia).
                                        Foundation/Wheeling
                                        Heritage Port
                                        Sternwheel Festival.
86. 1 day--One weekend in September..  Boomtown Days--          Nitro, WV..............  Kanawha River, Miles
                                        Fireworks.                                        43.1-44.2 (West
                                                                                Virginia).
87. 1 day--One weekend in September..  Ohio River Sternwheel    Marietta, OH...........  Ohio River, Miles 171.5-
                                        Festival Committee                                172.5 (Ohio).
                                        fireworks.
88. 1 day--One weekend in September..  Tribute to the River...  Point Pleasant, WV.....  Ohio River, Miles 264.6-
                                                                                265.6 (West Virginia).
89. 1 day--One weekend in September..  Aurora Fireworks.......  Aurora, IN.............  Ohio River, Mile 496.3-
                                                                                497.3 (Ohio).
90. 1 day--Last two weekends in        Cabana on the River....  Cincinnati, OH.........  Ohio River, Mile 483.2-
 September.                                                                               484.2 (Ohio).
91. Multiple days--September through   University of            Pittsburgh, PA.........  Ohio River, Miles 0.0-
 January.                               Pittsburgh Athletic                               0.1, Monongahela
                                        Department/University                             River, Miles 0.0-0.1,
                                        of Pittsburgh                                     Allegheny River, Miles
                                        Fireworks.                                        0.0-0.25
                                                                                (Pennsylvania).
92. 1 day--First three weeks of        Leukemia & Lymphoma      Pittsburgh, PA.........  Ohio River, Mile 0.0-
 October.                               Society/Light the                                 0.5, Allegheny River,
                                        Night.                                            Mile 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Mile 0.0-0.5
                                                                                (Pennsylvania).
93. 1 day in October.................  Leukemia and Lymphoma    Nashville, TN..........  Cumberland River, Miles
                                        Society/Light the                                 189.7-192.1
                                        Night Walk Fireworks.                             (Tennessee).
94. 1 day--First two weeks in October  Yeatman's Fireworks....  Cincinnati, OH.........  Ohio River, Miles 469.0-
                                                                                470.5 (Ohio).
95. 1 day in October.................  Outdoor Chattanooga/     Chattanooga, TN........  Tennessee River, Miles
                                        Swim the Suck.                                    452.0-454.5
                                                                                (Tennessee).
96. 1 day in October.................  Chattajack.............  Chattanooga, TN........  Tennessee River, Miles
                                                                                462.7-465.5
                                                                                (Tennessee).
97. 1 day--One weekend in October....  West Virginia Motor Car  Charleston, WV.........  Kanawha River, Miles 58-
                                        Festival.                                         59 (West Virginia).
98. 2 days--One of the last three      Monster Pumpkin          Pittsburgh, PA.........  Allegheny River, Mile
 weekends in October.                   Festival.                                         0.0-0.25
                                                                                (Pennsylvania).
99. 1 day--Friday before Thanksgiving  Pittsburgh Downtown      Pittsburgh, PA.........  Allegheny River, Miles
                                        Partnership/Light Up                              0.0-1.0
                                        Night.                                            (Pennsylvania).
100. 1 day--Friday before              Kittanning Light Up      Kittanning, PA.........  Allegheny River, Miles
 Thanksgiving.                          Night Firework Display.                           44.5-45.5
                                                                                (Pennsylvania).
101. 1 day--Friday before              Santa Spectacular/Light  Pittsburgh, PA.........  Ohio River, Mile 0.0-
 Thanksgiving.                          up Night.                                         0.5, Allegheny River,
                                                                                Mile 0.0-0.5, and
                                                                                Monongahela River,
                                                                                Mile 0.0-0.5
                                                                                (Pennsylvania).
102. 1 day--Friday before              Monongahela Holiday      Monongahela, PA........  Ohio River, Miles 31.5-
 Thanksgiving.                          Show.                                             32.5 (Pennsylvania).
103. 1 day in November...............  Friends of the Festival/ Chattanooga, TN........  Tennessee River, Miles
                                        Cheer at the Pier.                                462.7-465.2
                                                                                (Tennessee).
104. 1 day--Third week of November...  Gallipolis in Lights...  Gallipolis, OH.........  Ohio River, Miles 269.2-
                                                                                270 (Ohio).
105. 1 day--December 31..............  Pittsburgh Cultural      Pittsburgh, PA.........  Allegheny River, Miles
                                        Trust/Highmark First                              0.5-1.0
                                        Night Pittsburgh.                                 (Pennsylvania).
106. 7 days--Scheduled home games....  University of Tennessee/ Knoxville, TN..........  Tennessee River, Miles
                                        UT Football Fireworks.                            645.6-648.3
                                                                                (Tennessee).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: May 13, 2021.
A.M. Beach,
Captain, U. S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2021-10464 Filed 5-17-21; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 63 (Tuesday, April 2, 2019)]
[Notices]
[Page 12626]
[FR Doc No: 2019-06389]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2019-N-0218]

Pulmonary-Allergy Drugs Advisory Committee; Cancellation

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The meeting of the Pulmonary-Allergy Drugs Advisory Committee
scheduled for March 27, 2019, has been cancelled. This meeting was
announced in the Federal Register of January 31, 2019. This meeting has
been cancelled due to new information regarding the application. The
Agency intends to continue evaluating the application and, as needed,
will announce future meeting dates in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Cindy Chee, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002,<PHONE_NUMBER>, Fax:
301-847-8533, email: [email protected], or FDA Advisory Committee
Information Line, 1-800-741-8138<PHONE_NUMBER> in the Washington, DC
area), and follow the prompts to the desired center or product area.
Please call the Information Line for up-to-date information on this
meeting, which was announced in the Federal Register of January 31,
2019 (84 FR 748).

    Dated: March 28, 2019.
Lowell J. Schiller,
Acting Associate Commissioner for Policy.
[FR Doc. 2019-06389 Filed 4-1-19; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register: January 24, 2006 (Volume 71, Number 15)]
[Rules and Regulations]
[Page 3773-3776]
[DOCID:fr24ja06-12]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2005-CO-0002; FRL-8010-2]

Clean Air Act Approval and Promulgation of Air Quality
Implementation Plan Revision for Colorado; Long-Term Strategy of State
Implementation Plan for Class I Visibility Protection

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action approving a State
Implementation Plan (SIP) revision submitted by the Governor of
Colorado with a letter dated March 24, 2005. This revision updates the
Long-Term Strategy of the Visibility SIP to establish strategies,
activities, and monitoring plans that constitute reasonable progress
toward the National visibility goal. This action is being taken under
section 110 of the Clean Air Act.

DATES: This rule is effective on March 27, 2006 without further notice,
unless EPA receives adverse comment by February 23, 2006. If adverse
comment is received, EPA will publish a timely withdrawal of the direct
final rule in the Federal Register informing the public that the rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. R08-OAR-
2005-CO-0002, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Agency Web site: http://docket.epa.gov/rmepub/. On

November 28, 2005, Regional Material in EDOCKET (RME), EPA's electronic
public docket and comment system, was replaced by an enhanced Federal-
wide electronic docket management and comment system located at http://www.regulations.gov.
 Therefore, you will be redirected to that site to

access the docket EPA-R08-OAR-2005-CO-0002 and submit comments. Follow
the on-line instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>and<EMAIL_ADDRESS>
     Fax:<PHONE_NUMBER> (please alert the individual listed in
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Richard R. Long, Director, Air and Radiation
Program, Environmental Protection Agency (EPA), Region 8, Mailcode 8P-
AR, 999 18th Street, Suite 200, Denver, Colorado 80202-2466.
     Hand Delivery: Richard R. Long, Director, Air and
Radiation Program, Environmental Protection Agency (EPA), Region 8,
Mailcode 8P-AR, 999 18th Street, Suite 200, Denver, Colorado 80202-
2466. Such deliveries are only accepted Monday through Friday, 8 a.m.
to 4:55 p.m., excluding Federal holidays. Special arrangements should
be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. R08-OAR-2005-
CO-0002. EPA's policy is that all comments received will be included in
the public docket without change and may be made available at http://docket.epa.gov/rmepub/index.jsp
, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through EDOCKET,
regulations.gov, or e-mail. The EPA's Regional Materials in EDOCKET and
Federal regulations.gov Web site are ``anonymous access'' systems,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA, without going through EDOCKET or
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the public docket and
made available on the Internet. If you submit an electronic comment,
EPA recommends that you include your name and other contact information
in the body of your comment and with any disk or CD-ROM you submit. If
EPA cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses. For
additional information about EPA's public docket visit EDOCKET online
or see the Federal Register of May 31, 2002 (67 FR 38102). For
additional instructions on submitting comments, go to section I.
General Information of the SUPPLEMENTARY INFORMATION section of this
document.
    Docket: All documents in the docket are listed in the Regional
Materials in EDOCKET index at http://docket.epa.gov/rmepub/index.jsp.

Although listed in the index, some information is not publicly
available,

i.e., CBI or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically in Regional Materials in EDOCKET or in hard copy at the
Air and Radiation Program, Environmental Protection Agency (EPA),
Region 8, 999 18th Street, Suite 200, Denver, Colorado 80202-2466. EPA
requests that if at all possible, you contact the individual listed in
the FOR FURTHER INFORMATION CONTACT section to view the hard copy of
the docket. You may view the hard copy of the docket Monday through
Friday, 8 a.m. to 4 p.m., excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Amy Platt, Environmental Protection
Agency, Region 8,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background
III. March 24, 2005 Submittal
IV. Section 110(l)
V. Final Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to certain
words or initials as follows:
    (i) The word Act or initials CAA mean the Clean Air Act, unless the
context indicates otherwise.
    (ii) The word we or initials EPA mean the United States
Environmental Protection Agency.
    (iii) The initials SIP mean State Implementation Plan.
    (iv) The word State or initials CO mean the State of Colorado,
unless the context indicates otherwise.
    (v) The initials FLM mean Federal Land Manager.

I. General Information

A. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
Regional Materials in EDOCKET, regulations.gov or e-mail. Clearly mark
the part or all of the information that you claim to be CBI. For CBI
information in a disk or CD ROM that you mail to EPA, mark the outside
of the disk or CD ROM as CBI and then identify electronically within
the disk or CD ROM the specific information that is claimed as CBI. In
addition to one complete version of the comment that includes
information claimed as CBI, a copy of the comment that does not contain
the information claimed as CBI must be submitted for inclusion in the
public docket. Information so marked will not be disclosed except in
accordance with procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
    i. Identify the rulemaking by docket number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns, and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    Section 169A of the Clean Air Act (CAA),\1\ 42 U.S.C. 7491,
establishes as a National goal the prevention of any future, and the
remedying of any existing, anthropogenic visibility impairment in
mandatory Class I Federal areas \2\ (referred to herein as the
``National goal'' or ``National visibility goal''). Section 169A called
for EPA to, among other things, issue regulations to assure reasonable
progress toward meeting the National visibility goal, including
requiring each State with a mandatory Class I Federal area to revise
its SIP to contain such emission limits, schedules of compliance and
other measures as may be necessary to make reasonable progress toward
meeting the National goal (see CAA section 169A(b)(2)). Section
110(a)(2)(J) of the CAA, 42 U.S.C. 7410(a)(2)(J), similarly requires
SIPs to meet the visibility protection requirements of the CAA.
---------------------------------------------------------------------------

    \1\ The Clean Air Act is codified, as amended, in the U.S. Code
at 42 U.S.C. 7401, et seq.
    \2\ Mandatory class I Federal areas include international parks,
national wilderness areas, and national memorial parks greater than
five thousand acres in size, and national parks greater than six
thousand acres in size, as described in section 162(a) of the Act
(42 U.S.C. 7472(a)). Each mandatory Class I Federal area is the
responsibility of a ``Federal land manager'' (FLM), the Secretary of
the department with authority over such lands. See section 302(i) of
the Act, 42 U.S.C. 7602(i).
---------------------------------------------------------------------------

    We promulgated regulations that required affected States to, among
other things, (1) coordinate development of SIPs with appropriate FLMs;
(2) develop a program to assess and remedy visibility impairment from
new and existing sources; and (3) develop a long-term (10-15 years)
strategy to assure reasonable progress toward the National visibility
goal. See 45 FR 80084, December 2, 1980 (codified at 40 CFR 51.300-
51.307). The regulations provide for the remedying of visibility
impairment that is reasonably attributable to a single existing
stationary facility or small group of existing stationary facilities.
These regulations require that the SIPs provide for periodic review,
and revision as appropriate, of the Long-Term Strategy not less
frequently than every three years, that the review process include
consultation with the appropriate FLMs, and that the State provide a
report to the public and EPA that includes an assessment of the State's
progress toward the National visibility goal. See 40 CFR 51.306(c).
    On July 12, 1985 (50 FR 28544) and November 24, 1987 (52 FR 45132),
we disapproved the SIPs of states, including Colorado, that failed to
comply with the requirements of the provisions of 40 CFR 51.302
(visibility general plan requirements), 51.305 (visibility monitoring),
and 51.306 (visibility long-term strategy). We also incorporated
corresponding Federal plans and regulations into the SIPs of these
states pursuant to section 110(c)(1) of the CAA, 42 U.S.C. 7410(c)(1).
    The Governor of Colorado submitted a SIP revision for visibility
protection on December 21, 1987, which met the criteria of 40 CFR
51.302, 51.305, and 51.306 for general plan requirements, monitoring
strategy, and long-term strategies. We approved this SIP revision in
the August 12, 1988 Federal Register (53 FR 30428), and this revision
replaced the Federal plans and regulations in the Colorado Visibility
SIP. The Governor of Colorado submitted a subsequent SIP revision for
visibility protection with a letter dated November 18, 1992, which we
approved on October 11, 1994 (59 FR 51376).
    After Colorado's 1992 Long-Term Strategy review, the U.S. Forest
Service (USFS) certified visibility impairment at Mt. Zirkel Wilderness
Area (MZWA) and named the Hayden and Craig generating stations in the
Yampa Valley

of Northwest Colorado as suspected sources. The USFS is the FLM for
MZWA. This certification was issued on July 14, 1993. Emissions from
the Hayden Station were addressed in the State's August 23, 1996 Long-
Term Strategy review and revision (see 62 FR 2305, January 16, 1997).
Emissions from the Craig Generating Station were addressed in the
State's April 19, 2001 Long-Term Strategy review and revision (see 66
FR 35374, July 5, 2001).
    The State conducted its next complete periodic review and revision
of the long-term strategy in 2002. With an April 12, 2004, letter, the
Governor of Colorado submitted that revision to the Long-Term Strategy
of Colorado's SIP for Class I Visibility Protection, which we approved
on August 1, 2005 (70 FR 44052).

III. March 24, 2005 Submittal

    With a March 24, 2005 letter, the Governor of Colorado submitted a
revision to the Long-Term Strategy of Colorado's SIP for Class I
Visibility Protection, contained in Part II of the November 18, 2004
document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection.'' This revision was made to fulfill the requirements to
periodically review and, as appropriate, revise the Long-Term Strategy.
    The CAA requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) of the CAA provides that each implementation
plan submitted by a State must be adopted after reasonable notice and
public hearing. Section 110(l) of the CAA similarly provides that each
revision to an implementation plan submitted by a State under the CAA
must be adopted by such State after reasonable notice and public
hearing.
    After providing adequate notice, the Colorado Air Quality Control
Commission (AQCC) held a public hearing on November 18, 2004 to
consider the proposed revision to the Long-Term Strategy of the
Colorado Visibility SIP and adopted the revision. We have reviewed the
SIP revision and have determined that it adequately demonstrates that
the State is making reasonable progress toward the National visibility
goal.
    The SIP revision is contained in Part II of the November 18, 2004
document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection.'' Part II, ``Revision of the Long-Term Strategy,''
incorporates by reference requirements for the Hayden and Craig
Generating Stations, including emissions limits and schedules of
compliance, as previously approved by EPA on January 16, 1997 (see 62
FR 2305) and July 5, 2001 (see 66 FR 35374). Part II also contains
provisions that are explanatory and analyses that are required by
section 169A of the CAA, Federal visibility regulations (40 CFR 51.300
to 51.307), and/or the Colorado Visibility SIP. These requirements
address existing impairment, ongoing air pollution programs, smoke
management practices, prevention of future impairment, and FLM
consultation and communication. These revisions are consistent with
Federal requirements and demonstrate reasonable further progress toward
the National visibility goal as required by 40 CFR 51.306. Therefore,
they are approvable.
    In addition, Appendix B of Part II of the November 18, 2004
document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection,'' contains an update of section XIV, Visibility, of Part D
of the Colorado Air Quality Control Commission Regulation No. 3
(Stationary Source Permitting and Air Pollutant Emission Notice
Requirements). Although this section has not changed substantively
since it was last incorporated into the Visibility SIP (see 53 FR
30431, August 12, 1988, and 59 FR 51379, October 11, 1994), it has been
recodified. Therefore, for clarification purposes, we are also
approving this recodified version of the State's visibility regulations
in order to update the version incorporated into the Visibility SIP.

V. Section 110(l)

    Section 110(l) of the Clean Air Act states that a SIP revision
cannot be approved if the revision would interfere with any applicable
requirement concerning attainment and reasonable further progress
towards attainment of the National Ambient Air Quality Standards
(NAAQS) or any other applicable requirements of the Act. The Colorado
SIP revisions that are the subject of this document are consistent with
Federal requirements and rules. These revisions were made to
demonstrate reasonable further progress toward the National visibility
goal, as required by the Act. They do not interfere with the attainment
or maintenance of the NAAQS or other applicable requirements of the
Act.

VI. Final Action

    We have reviewed the adequacy of the State's revision to the Long-
Term Strategy of Colorado's SIP for Class I Visibility Protection,
contained in Part II of the November 18, 2004 document entitled ``Long-
Term Strategy Review and Revision of Colorado's State Implementation
Plan for Class I Visibility Protection,'' as submitted by the Governor
with a letter dated March 24, 2005. We are approving the revision as
demonstrating reasonable further progress toward the National
visibility goal as required by 40 CFR 51.306.
    EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the ``Proposed Rules'' section of today's
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision if adverse
comments are filed. This rule will be effective March 27, 2006 without
further notice unless the Agency receives adverse comments by February
23, 2006. If the EPA receives adverse comments, EPA will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. EPA will address all public comments in a
subsequent final rule based on the proposed rule. The EPA will not
institute a second comment period on this action. Any parties
interested in commenting must do so at this time. Please note that if
EPA receives adverse comment on an amendment, paragraph, or section of
this rule and if that provision may be severed from the remainder of
the rule, EPA may adopt as final those provisions of the rule that are
not the subject of an adverse comment.

VII. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4).
    This rule also does not have tribal implications because it will
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, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects 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, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 27, 2006. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
dioxide, Ozone, Particulate matter, Reporting and recordkeeping
requirements, Sulfur oxides.

    Dated: December 7, 2005.
Kerrigan G. Clough,
Acting Regional Administrator, Region 8.

0
40 CFR part 52 is amended to read as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart G--Colorado

0
2. Section 52.320 is amended by adding paragraph (c)(108) to read as
follows:

Sec.  52.320  Identification of plan.

* * * * *
    (c) * * *
    (108) Revisions to the Long-Term Strategy of Colorado's State
Implementation Plan for Class I Visibility Protection (Visibility SIP),
as submitted by the Governor on March 24, 2005. The revisions update
strategies, activities, and monitoring plans that constitute reasonable
progress toward the National visibility goal.
    (i) Incorporation by reference.
    (A) ``Revision of the Long-Term Strategy'', Part II of the November
18, 2004 document entitled ``Long-Term Strategy Review and Revision of
Colorado's State Implementation Plan for Class I Visibility
Protection,'' effective November 18, 2004.
    (B) Colorado Air Quality Control Commission Regulation No. 3,
``Stationary Source Permitting and Air Pollutant Emission Notice
Requirements'', 5 CCR 1001-5, Part D, Section XIV, Visibility,
Subsections A through F, effective April 16, 2004.

[FR Doc. 06-630 Filed 1-23-06; 8:45 am]

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[Federal Register Volume 87, Number 32 (Wednesday, February 16, 2022)]
[Notices]
[Pages 8918-8919]
[FR Doc No: 2022-03351]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2012-0154; FMCSA-2013-0122; FMCSA-2013-0123; FMCSA-
2015-0326; FMCSA-2015-0329; FMCSA-2016-0003; FMCSA-2017-0058; FMCSA-
2019-0111]

Qualification of Drivers; Exemption Applications; Hearing

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice of final disposition.

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SUMMARY: FMCSA announces its decision to renew exemptions for 17
individuals from the hearing requirement in the Federal Motor Carrier
Safety Regulations (FMCSRs) for interstate commercial motor vehicle
(CMV) drivers. The exemptions enable these hard of hearing and deaf
individuals to continue to operate CMVs in interstate commerce.

DATES: Each group of renewed exemptions were applicable on the dates
stated in the discussions below and will expire on the dates provided
below.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER>, [email protected], FMCSA,
DOT, 1200 New Jersey Avenue SE, Room W64-224, Washington, DC 20590-
0001. Office hours are from 8:30 a.m. to 5 p.m., ET, Monday through
Friday, except Federal holidays. If you have questions regarding
viewing or submitting material to the docket, contact Dockets
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Viewing Comments

    To view comments go to www.regulations.gov. Insert the docket
number, FMCSA-2012-0154, FMCSA-2013-0122, FMCSA-2013-0123, FMCSA-2015-
0326, FMCSA-2015-0329, FMCSA-2016-0003, FMCSA-2017-0058, or FMCSA-2019-
0111 in the keyword box, and click ``Search.'' Next, sort the results
by ``Posted (Newer-Older),'' choose the first notice listed, and click
``Browse Comments.'' If you do not have access to the internet, you may
view the docket online by visiting Dockets Operations in Room W12-140
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., ET,

Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before
visiting Dockets Operations.

B. Privacy Act

    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments
from the public on the exemption request. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

II. Background

    On January 10, 2022, FMCSA published a notice announcing its
decision to renew exemptions for 17 individuals from the hearing
standard in 49 CFR 391.41(b)(11) to operate a CMV in interstate
commerce and requested comments from the public (87 FR 1248). The
public comment period ended on February 9, 2022, and no comments were
received.
    FMCSA has evaluated the eligibility of these applicants and
determined that renewing these exemptions would achieve a level of
safety equivalent to, or greater than, the level that would be achieved
by complying with Sec.  391.41(b)(11).
    The physical qualification standard for drivers regarding hearing
found in Sec.  391.41(b)(11) states that a person is physically
qualified to drive a CMV if that person first perceives a forced
whispered voice in the better ear at not less than 5 feet with or
without the use of a hearing aid or, if tested by use of an audiometric
device, does not have an average hearing loss in the better ear greater
than 40 decibels at 500 Hz, 1,000 Hz, and 2,000 Hz with or without a
hearing aid when the audiometric device is calibrated to American
National Standard (formerly ASA Standard) Z24.5--1951.
    This standard was adopted in 1970 and was revised in 1971 to allow
drivers to be qualified under this standard while wearing a hearing
aid, 35 FR 6458, 6463 (Apr. 22, 1970) and 36 FR 12857 (July 3, 1971).

III. Discussion of Comments

    FMCSA received no comments in this proceeding.

IV. Conclusion

    Based upon its evaluation of the 17 renewal exemption applications,
FMCSA announces its decision to exempt the following drivers from the
hearing requirement in Sec.  391.41 (b)(11).
    In accordance with 49 U.S.C. 31136(e) and 31315(b), the following
groups of drivers received renewed exemptions in the month of January
and are discussed below:
    As of January 6, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following four individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 1248):

Steven Andrews (FL)
John Brown (MN)
Jerry Doose (MN)
Donald Howton (AL)

    The drivers were included in docket numbers FMCSA-2015-0326, FMCSA-
2015-0329, or FMCSA-2017-0058. Their exemptions were applicable as of
January 6, 2022 and will expire on January 6, 2024.
    As of January 8, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following three individuals have satisfied the
renewal conditions for obtaining an exemption from the hearing
requirement in the FMCSRs for interstate CMV drivers (87 FR 1248):

Matthew Burgoyne (MN)
Joshua Gelona (OK)
Eduardo Pedregal (TX)

    The drivers were included in docket number FMCSA-2016-0003. Their
exemptions were applicable as of January 8, 2022 and will expire on
January 8, 2024.
    As of January 14, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 1248):

Geoffrey Canoyer (MN)
Chase Cooke (VA)
Douglas Gray (OR)
Sue Gregory (UT)
Morris Townsend (NC)

    The drivers were included in docket numbers FMCSA-2012-0154, FMCSA-
2013-0122, FMCSA-2013-0123, or FMCSA-2017-0058. Their exemptions were
applicable as of January 14, 2022 and will expire on January 14, 2024.
    As of January 21, 2022, and in accordance with 49 U.S.C. 31136(e)
and 31315(b), the following five individuals have satisfied the renewal
conditions for obtaining an exemption from the hearing requirement in
the FMCSRs for interstate CMV drivers (87 FR 1248):

Herman Fleck (PA)
Mark Merrow (MI)
Jodyann Nipper (IA)
Michael Steffen (IN)
Sherrie Willey (WA)

    The drivers were included in docket number FMCSA-2019-0111. Their
exemptions were applicable as of January 21, 2022 and will expire on
January 21, 2024.
    In accordance with 49 U.S.C. 31315(b), each exemption will be valid
for 2 years from the effective date unless revoked earlier by FMCSA.
The exemption will be revoked if the following occurs: (1) The person
fails to comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
prior to being granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31136(e) and
31315(b).

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-03351 Filed 2-15-22; 8:45 am]
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