[Federal Register: August 18, 2009 (Volume 74, Number 158)]
[Notices]
[Page 41695-41696]
[DOCID:fr18au09-40]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2009-NNNN; FRL-8943-2]

Availability of the External Peer Review Draft of Using
Probabilistic Methods To Enhance the Role of Risk Analysis in Decision-
Making With Case Study Examples

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document availability for public comment.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is announcing a
15-day public comment period for the external peer review draft of
``Using Probabilistic Methods to Enhance the Role of Risk Analysis in
Decision-Making With Case Study Examples,'' a white paper, and the
``Manager's Summary'' of the same document. All comments received by
the closing date of September 1, 2009 will be shared with the external
peer review panel for their consideration. Comments received after the
close of the comment period may be considered by EPA when it finalizes
the document. These draft interim papers do not represent and should
not be construed to represent any EPA policy, viewpoint, or
determination. Members of the public may obtain the draft documents
from http://www.regulations.gov; or http://www.epa.gov/raf/
prawhitepaper; or from Gary Bangs via the contact information below.
    EPA will convene a panel of invited experts to review the draft
document. The external expert peer review will be conducted by letter
and closed teleconference in the May 2009 time frame. The panel may
consider public comments received in the official public docket for
this activity under docket ID number EPA-HQ-ORD-2009-NNNN. The draft
documents and peer-review charge are available at http://www.epa.gov/
raf/prawhitepaper. In preparing a final document, EPA will consider the
public comments submitted to EPA's docket during the public comment
period as well as the comments and recommendations from the external
peer-reviewers.
    EPA is releasing these draft documents solely for the purpose of
pre-dissemination peer review under applicable information quality
guidelines. These documents have not been formally disseminated by the
EPA. They do not represent and should not be construed to represent any
Agency policy or determination.

DATES: All comments received by September 1, 2009 will be shared with
the external peer review panel for their consideration. Comments
received beyond that time may be considered by EPA when it finalizes
the documents.

ADDRESSES: The draft documents are available electronically through the
EPA Office of the Science Advisor's Web site at: http://www.epa.gov/
raf/prawhitepaper.
    Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2009-
NNNN, by one of the following methods:
     Online at: http://www.regulations.gov; Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Mail: ORD Docket, Environmental Protection Agency,
Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
     Hand Delivery: EPA Docket Center (EPA/DC), Room 3334, EPA
West Building, 1301 Constitution Avenue, NW., Washington, DC 20460,
Attention Docket ID No. EPA-HQ-ORD-2009-NNNN. Deliveries are only
accepted from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. Special arrangements should be made for deliveries of
boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-ORD-
2009-NNNN. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http: //www.regulations.gov, 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 by statute through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, 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 http://www.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.
    Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
    Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy at the ORD
Docket, EPA/DC, EPAWest, Room 3334, 1301 Constitution Ave., NW.,
Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Public Reading Room is<PHONE_NUMBER>, and the telephone
number for the ORD Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Gary Bangs, Risk Assessment Forum,
Mail Code 8105R, Environmental Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460; telephone number:<PHONE_NUMBER>;
fax number:<PHONE_NUMBER>, E-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Various stakeholders, inside and outside the
Agency, have called for a more comprehensive characterization of risks,
including uncertainties, in protecting more sensitive or vulnerable
populations and life stages. Therefore, the Office of the Science
Advisor of the EPA, together with EPA's Science Policy Council and
members of EPA's Risk Assessment Forum (RAF), identified a need to
examine the use of probabilistic approaches in Agency risk assessment
and risk management. An RAF Technical Panel developed this paper and
the manager's summary to provide a general overview of the value of
probabilistic analyses and similar or related methods, and some
examples of current applications across the Agency. The purpose of
these papers is not only to describe potential and actual uses of these
tools in the risk decision process, but also to encourage their further
implementation in human, ecological and environmental risk analysis and
related decision making. The enhanced use of probabilistic analyses to
characterize uncertainty in assessments would not only reflect external
scientific advice on how to further advance EPA risk assessment
science, but will also help to address specific challenges faced by
managers and improve confidence in Agency decisions. The draft document
was prepared by the Probabilistic Risk Analysis Technical Panel of
EPA's Risk Assessment Forum and has undergone internal peer review.

    Dated: August 4, 2009.
Kevin Teichman,
Acting EPA Science Advisor.
[FR Doc. E9-19755 Filed 8-17-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Proposed Rules]
[Page 46044-46047]
[DOCID:fr08se09-26]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0573; FRL-8953-6]

Disapproval of State Implementation Plan Revisions, South Coast
Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to disapprove a revision to the South Coast
Air Quality Management District (SCAQMD) portion of the California
State Implementation Plan (SIP) concerning volatile organic compound
(VOC) emissions from polymeric foam manufacturing operations. We are
proposing action on a local rule that regulates these emission sources
under the Clean Air Act as amended in 1990 (CAA or the Act). We are
taking

comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by October 8, 2009.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0573, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions.
    2. E-mail<EMAIL_ADDRESS>    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
    Instructions: All comments will be included in the public docket
without change and may be made available online at http://
www.regulations.gov, including any personal information provided,
unless the comment includes Confidential Business Information (CBI) or
other information whose disclosure is restricted by statute.
Information that you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through http://
www.regulations.gov or e-mail. http://www.regulations.gov is an
``anonymous access'' system, and EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send e-mail directly to EPA, your e-mail address will be
automatically captured and included as part of the public comment. 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.
    Docket: The index to the docket for this action is available
electronically at http://www.regulations.gov and in hard copy at EPA
Region IX, 75 Hawthorne Street, San Francisco, California. While all
documents in the docket are listed in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), and some may not be publicly available in either location
(e.g., CBI). To inspect the hard copy materials, please schedule an
appointment during normal business hours with the contact listed in the
FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, EPA Region IX, (415)
947-4115<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. What are the rule deficiencies?
    D. EPA recommendations to further improve the rule
    E. Proposed action and public comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 lists the rule proposed for disapproval with the date that
it was adopted and submitted.

                                             Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
              Local agency                  Rule No.              Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD..................................         1175  Control of Emissions from the       09/07/07     03/07/08
                                                        Manufacturing of Polymeric
                                                        Cellular (Foam) Products.
----------------------------------------------------------------------------------------------------------------

    On April 17, 2008, we determined that the rule submittal in Table 1
met the completeness criteria in 40 CFR Part 51, Appendix V, which must
be met before formal EPA review.

B. Are there other versions of this rule?

    We approved a previous version of Rule 1175 into the SIP on August
25, 1994. Please see 57 FR 43751. There have been no subsequent and
intervening submittals of Rule 1175.

C. What is the purpose of the submitted rule revisions?

    VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires States
to submit regulations that control VOC emissions. Rule 1175 was
designed to reduce VOCs, Chlorofluorocarbon (CFC), and methylene
cloride emissions from expanded polystyrene (EPS) foam molders, direct
injection polystyrene foam extrusion, polyurethane, isocyanurate and
phenolic foam manufacturing operations. The District amended the Rule
in order to provide expandable polystyrene molding operations with an
additional compliance option.
    EPA's technical support document (TSD) has more information about
this rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
each category of sources covered by a Control Techniques Guidelines
(CTG) document as well as each major source in nonattainment areas (see
sections 182(a)(2) and (b)(2)), and must not relax existing
requirements (see sections 110(l) and 193). The SCAQMD regulates an
area classified as severe nonattainment for ozone (see 40 CFR part 81),
so Rule 1175 must fulfill RACT.
    Guidance and policy documents that we use to evaluate
enforceability and RACT requirements include the following:
    1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).

B. Does the rule meet the evaluation criteria?

    Rule provisions which do not meet the evaluation criteria are
summarized below and discussed further in the TSD.

C. What are the rule deficiencies?

    These provisions do not satisfy the requirements of section 110 and
part D of the Act and prevent full approval of the SIP revision. We
propose to disapprove the SIP revision based on the following
deficiencies:
    1. The rule must require demonstration, through source testing
approved in writing by the Executive

Officer, that the systems and techniques in place at a facility achieve
93% collection and reduction of emissions for sources complying with
paragraph (c)(4)(B)(iii).
    2. The rule must clarify that all operational techniques and
parameters needed to achieve 93% control to comply with paragraph
(c)(4)(B)(iii) must be clearly defined and enforceable through a
federally enforceable permit such as a Title V operating permit. Rule
1175 should also be revised where possible to identify these
parameters.
    3. The rule must clarify that all operational techniques and
parameters needed to achieve 90% collection and 95% destruction to
comply with paragraphs (c)(4)(B)(i) and (ii) must be clearly defined
and enforceable through a federally enforceable permit such as a Title
V operating permit. Rule 1175 should also be revised where possible to
identify these parameters.

D. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rules.

E. Proposed Action and Public Comment

    As authorized in sections 110(k)(3) of the Act, we are proposing a
disapproval of the submitted SCAQMD Rule 1175. If finalized, this
action would retain the existing SIP rule in the SIP. There are no
sanction or FIP implications with this action pursuant to Clean Air Act
Section 179, as this is not a required Clean Air Act submittal.
    We will accept comments from the public on the proposed disapproval
for the next 30 days.

III. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b).

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions.
    This rule will not have a significant impact on a substantial
number of small entities because SIP disapprovals under section 110 and
subchapter I, part D of the Clean Air Act do not create any new
requirements but simply disapprove requirements that the State is
already imposing. Therefore, because the Federal SIP approval does not
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
    Moreover, due to the nature of the Federal-State relationship under
the Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a) (2).

D. Unfunded Mandates Reform Act

    Under sections 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA
must prepare a budgetary impact statement to accompany any proposed or
final rule that includes a Federal mandate that may result in estimated
costs to State, local, or tribal governments in the aggregate; or to
the private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
    EPA has determined that the disapproval action proposed does not
include a Federal mandate that may result in estimated costs of $100
million or more to either State, local, or tribal governments in the
aggregate, or to the private sector. This Federal action proposes to
disapprove pre-existing requirements under State or local law, and
imposes no new requirements. Accordingly, no additional costs to State,
local, or tribal governments, or to the private sector, result from
this action.

E. Executive Order 13132, Federalism

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces
Executive Orders 12612 (Federalism) and 12875 (Enhancing the
Intergovernmental Partnership). Executive Order 13132 requires EPA to
develop an accountable process to ensure ``meaningful and timely input
by State and local officials in the development of regulatory policies
that have federalism implications.'' ``Policies that have federalism
implications'' is defined in the Executive Order to include regulations
that 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.'' Under Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law unless the
Agency consults with State and local officials early in the process of
developing the proposed regulation.
    This rule will 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, because it
merely disapproves 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. Thus, the
requirements of section 6 of the Executive Order do not apply to this
rule.

F. Executive Order 13175, Coordination With Indian Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. It
will not

have substantial direct effects on tribal governments, 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. Thus, Executive Order 13175 does not
apply to this rule.
    EPA specifically solicits additional comment on this proposed rule
from tribal officials.

G. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
rule is not subject to Executive Order 13045, because it disapproves a
state rule implementing a Federal standard.

H. Executive Order 13211, Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
    The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental
relations, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

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

    Dated: August 21, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9-21550 Filed 9-4-09; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Proposed Rules]
[Pages 56708-56712]
[FR Doc No: 2011-23553]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-9464-4]

Ohio: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: Ohio has applied to EPA for final authorization of the changes
to its hazardous waste program under the Resource Conservation and
Recovery Act (RCRA). EPA has reviewed Ohio's application with regards
to Federal requirements, and is proposing to authorize the State's
changes.

DATES: Comments on this proposed rule must be received on or before
October 14, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R05-
RCRA-2011-0530 by one of the following methods:
    http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
    E-mail<EMAIL_ADDRESS>    Mail: Gary Westefer, Ohio Regulatory Specialist, LR-8J, U.S. EPA,
Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604.
    Instructions: Direct your comments to Docket ID Number EPA-R05-
RCRA-2011-0530. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at http://www.regulations.gov, 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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, 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 http://www.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 or any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket, visit the EPA Docket Center homepage at http://www.epagov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some of the
information is not publicly available, e.g., CBI or other information
for which disclosure is restricted by statute. Certain other material,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically in http://www.regulations.gov or in hard copy. You may
view and copy Ohio's application from 9 a.m. to 4 p.m. at the following
addresses: U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois, contact: Gary Westefer<PHONE_NUMBER>; or Ohio
Environmental Protection Agency, Lazarus Government Center, 50 West
Town Street, Suite 700, Columbus, Ohio, contact: Kit Arthur (614) 644-
2932.

FOR FURTHER INFORMATION CONTACT: Gary Westefer, Ohio Regulatory
Specialist, U.S. EPA Region 5, LR-8J, 77 West Jackson Boulevard,
Chicago, Illinois 60604,<PHONE_NUMBER>, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste
program that is equivalent to, consistent with, and no less stringent
than the Federal program. As the Federal program changes, States must
change their programs and request EPA to authorize the changes. Changes
to State programs may be necessary when Federal or State statutory or
regulatory authority is modified or when certain other changes occur.
Most commonly, States must change their programs because of changes to
EPA's regulations in 40 Code of Federal Regulations (CFR) parts 124,
260 through 266, 268, 270, 273 and 279.

B. What decisions have we made in this rule?

    We conclude that Ohio's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we propose to grant Ohio final
authorization to operate its hazardous waste program with the changes
described in the authorization application. Ohio has responsibility for
permitting treatment, storage, and disposal facilities (TSDFs) within
its borders (except in Indian Country) and for carrying out the aspects
of the RCRA program described in its revised program application,
subject to the limitations of the Hazardous and Solid Waste Amendments
of 1984 (HSWA). New Federal requirements and prohibitions imposed by
Federal regulations that EPA promulgates under the authority of HSWA
take effect in authorized States before they are authorized for the
requirements. Thus, EPA will implement those requirements and
prohibitions in Ohio, including issuing permits, until the State is
granted authorization to do so.

C. What is the effect of this authorization decision?

    The effect of this decision, once finalized, is that a facility in
Ohio subject to RCRA would have to comply with the authorized State
requirements instead of the equivalent Federal requirements in order to
comply with RCRA. Ohio has enforcement responsibilities under its State
hazardous waste program for RCRA violations, but EPA retains its
authority under RCRA sections 3007, 3008, 3013, and 7003, which
include, among others, authority to:
    1. Do inspections, and require monitoring, tests, analyses or
reports;
    2. Enforce RCRA requirements and suspend or revoke permits; and
    3. Take enforcement actions regardless of whether the State has
taken its own actions.
    This action will not impose additional requirements on the
regulated community because the regulations for which Ohio is being
authorized are already effective, and will not be changed by EPA's
final action.

D. What happens if EPA receives adverse comments on this action?

    If EPA receives adverse comments on this authorization, we will
address all public comments in a later Federal Register. You may not
have another opportunity to comment. If you want to comment on this
authorization, you must do so at this time.

E. What has Ohio previously been authorized for?

    Ohio initially received final authorization on June 28, 1989,
effective June 30, 1989 (54 FR 27170) to implement the RCRA hazardous
waste management program. We granted authorization for changes to their
program on April 8, 1991, effective June 7, 1991 (56 FR 14203) as
corrected June 19, 1991, effective August 19, 1991 (56 FR 28088); July
27, 1995, effective September 25, 1995 (60 FR 38502); October 23, 1996,
effective December 23, 1996 (61 FR 54950); January 24, 2003, effective
January 24, 2003 (68 FR 3429); January 20, 2006, effective January 20,
2006 (71 FR 3220), and October 29, 2007, effective October 29, 2007 (72
FR 61063).

F. What changes are we proposing with today's action?

    On May 9, 2011, Ohio submitted a final complete program revision
application, seeking authorization of their changes in accordance with
40 CFR 271.21. We are now proposing to authorize, subject to receipt of
written comments that oppose this action, Ohio's hazardous waste
program revision. We propose to grant Ohio final authorization for the
following program changes:

                                   Ohio's Analogs to the Federal Requirements
----------------------------------------------------------------------------------------------------------------
      Description of Federal       Federal Register date and page
 requirement  (include checklist        (and/or RCRA statutory               Analogous State authority
       number, if relevant)                  authority)
----------------------------------------------------------------------------------------------------------------
Amendments to Land Disposal        February 27, 1989, 54 FR 8264.  OAC 3745-59-41(A); Effective June 29, 1990.
 Restrictions for First Third
 Scheduled Wastes; Checklist 50.1.
Changes to Part 124 Not Accounted  April 1, 1983, 48 FR 14146....  OAC 3745-50-21; Effective July 14, 1997,
 for by Present Checklists;        June 30, 1983, 48 FR 30113....   amended September 5, 2010.
 Checklist 70.
                                   July 26, 1988, 53 FR 28118....  OAC 3745-50-40; Effective July 14, 1997,
                                                                    amended February 16, 2009.
                                   September 26, 1988, 53 FR       50-39; 50-51; Effective July 14, 1997,
                                    37396.                          amended September 5, 2010.
                                   January 4, 1989, 54 FR 246....
NESHAPS: Final Standards for       May 14, 2001, 66 FR 24270.....  OAC 3745-50-41; Effective February 16, 2009.
 Hazardous Air Pollutants for
 Hazardous Waste Combustors;
 Technical Corrections; Checklist
 188.1.
NESHAPS: Interim Standards for     February 13, 2002, 67 FR 6792.  OAC 3745-50-44; 3745-50-66; 3745-50-235; 3745-
 Hazardous Air Pollutants for                                       57-40; 3745-266-100; Effective February 16,
 Hazardous Waste Combustors                                         2009.
 (Interim Standards Rule);
 Checklist 197.
NESHAPS: Standards for Hazardous   February 14, 2002, 67 FR 6968.  OAC 3745-50-51; 3745-266-100; Effective
 Air Pollutants for Hazardous                                       December 7, 2004.
 Waste Combustors; Final Rule;
 Checklist 198.
Hazardous Waste Management         March 13, 2002, 67 FR 11251...  OAC 3745-51-02; 3745-51-04; 3745-51-24;
 System; Definition of Solid                                        Effective December 7, 2004.
 Waste; Toxicity Characteristic;
 Checklist 199.
NESHAPS: Standards for Hazardous   December 19, 2002, 67 FR 77687  OAC 3745-50-44(C)(7); 3745-50-44(C)(9); 3745-
 Air Pollutants for Hazardous                                       50-62; 3745-50-66; Effective February 16,
 Waste Combustors--Corrections;                                     2009.
 Checklist 202.
Hazardous Waste Management         July 30, 2003, 68 FR 44659....  OAC 3745-51-05; 3745-279-10; 3745-279-74;
 System; Identification and                                         Effective February 16, 2009.
 Listing of Hazardous Waste;
 Recycled Used Oil Management
 Standards; Checklist 203.
Hazardous Waste--Nonwastewaters    February 24, 2005, 70 FR 9138.  OAC 3745-51-04; 3745-51-11; 3745-51-30; 3745-
 From Production of Dyes,                                           51-32; 3745-270-20; 3745-270-40; Effective
 Pigments, and Food, Drug and                                       February 16, 2009.
 Cosmetic Colorants; Mass
 Loadings-Based Listing; Final
 Rule; Checklist 206.
Hazardous Waste--Nonwastewaters    June 16, 2005, 70 FR 35032....  OAC 3745-51-32; Effective February 16, 2009.
 From Production of Dyes,
 Pigments, and Food, Drug and
 Cosmetic Colorants; Mass
 Loadings-Based Listing;
 Correction; Checklist 206.1.
Hazardous Waste Management         March 4, 2005, 70 FR 10776....  OAC 3745-50-10; 3745-51-07; 3745-52-20;
 System, Modification of the                                        3745.52-21; 3745-52-27; 3745-52-32; 3745-52-
 Hazardous Waste Manifest System;                                   33; 3745-52-34; 3745-52-45; 3745-52-60; 3745-
 Final Rule; Checklist 207.                                         53-20; 3745-53-21; 3745-54-70; 3745-54-71;
                                                                    3745-54-72; 3745-54-76; 3745-65-70; 3745-65-
                                                                    71; 3745-65-72; 3745-65-76; Effective
                                                                    February 16, 2009.
Hazardous Waste Management         June 16, 2005, 70 FR 35034....  OAC 3745-52-20; 3745-52-33; Effective
 System, Modification of the                                        February 16, 2009.
 Hazardous Waste Manifest System;
 Correction; Checklist 207.1.

Waste Management System; Testing   June 14, 2005, 70 FR 34538....  OAC 3745-50-11; 3745-50-44(C)(7); 3745-50-
 and Monitoring Activities; Final                                   44(C)(9); 3745-50-62; 3745-50-66; 3745-51-
 Rule: Methods Innovation Rule                                      03; 3745-51-20; 3745-51-21; 3745-51-22; 3745-
 and SW-846 Final Update IIIB;                                      51-35; 3745-51-38; 3745-55-90; 3745-57-14;
 Checklist 208.                                                     3745-66-90; 3745-68-14; 3745-266-100; 3745-
                                                                    266-102; 3745-266-103; 3745-266-106; 3745-
                                                                    266-112; 3745-270-40; 3745-270-48; 3745-279-
                                                                    10; 3745-279-44; 3745-279-53; 3745-279-63;
                                                                    Effective February 16, 2009.
Waste Management System; Testing   August 1, 2005, 70 FR 44150...  OAC 3745-54-98; Effective February 16, 2009.
 and Monitoring Activities; Final
 Rule: Methods Innovation Rule
 and SW-846 Final Update IIIB;
 Correction; Checklist 208.1.
Revision of Wastewater Treatment   October 4, 2005, 70 FR 57769..  OAC 3745-51-03; Effective February 16, 2009.
 Exemptions for Hazardous Waste
 Mixtures (``Headworks
 Exemptions''); Checklist 211.
National Emission Standards for    October 12, 2005, 70 FR 59402.  OAC 3745-50-10; 3745-50-11; 3745-50-44(C)(7);
 Hazardous Air Pollutants: Final                                    3745-50-44(C)(9, 10, 11); 3745-50-51; 3745-
 Standards for Hazardous Air                                        50-62; 3745-50-66; 3745-50-235; 3745-57-40;
 Pollutants for Hazardous Waste                                     3745-68-40; 3745-266-100; Effective February
 Combustors (Phase I Final                                          16, 2009.
 Replacement Standards and Phase
 II); Checklist 212.
Hazardous Waste and Used Oil;      July 14, 2006, 71 FR 40254....  OAC 3745-50-27; 3745-50-28; 3745-50-40; 3745-
 Corrections to Errors in the                                       50-41; 3745-50-42; 3745-50-43; 3745-50-44;
 Code of Federal Regulations;                                       3745-50-45; 3745-50-50; 3745-50-51; 3745-51-
 Checklist 214.                                                     02; 3745-51-03; 3745-51-04; 3745-51-06; 3745-
                                                                    51-11; 3745-51-21; 3745-51-24; 3745-51-30;
                                                                    3745-51-31; 3745-51-32; 3745-51-33; 3745-51-
                                                                    38; 3745-52-34; 3745-52-53; 3745-52-56; 3745-
                                                                    52-58; 3745-52-70; 3745-52-81; 3745-52-82;
                                                                    3745-52-83; 3745-52-84; 3745-52-87; 3745-54-
                                                                    01; 3745-54-13; 3745-54-17; 3745-54-18; 3745-
                                                                    54-73; 3745-54-97; 3745-54-98; 3745-54-99;
                                                                    3745-54-101; 3745-55-11; 3745-55-12; 3745-55-
                                                                    15; 3745-55-16; 3745-55-18; 3745-55-19; 3745-
                                                                    55-40; 3745-55-42; 3745-55-43; 3745-55-45;
                                                                    3745-55-47; 3745-55-51; 3745-55-75; 3745-55-
                                                                    93; 3745-56-21; 3745-56-23; 3745-56-26; 3745-
                                                                    56-51; 3745-56-52; 3745-56-59; 3745-56-80;
                                                                    3745-56-83; 3745-57-03; 3745-57-04; 3745-57-
                                                                    06; 3745-57-14; 3745-57-17; 3745-57-44; 3745-
                                                                    57-72; 3745-57-73; 3745-57-74; 3745-57-75;
                                                                    3745-57-83; 3745-57-90; 3745-57-91; 3745-205-
                                                                    101; 3745-65-01; 3745-65-12; 3745-65-14;
                                                                    3745-65-16; 3745-65-19; 3745-65-56; 3745-65-
                                                                    73; 3745-65-90; 3745-66-10; 3745-66-12; 3745-
                                                                    66-13; 3745-66-17; 3745-66-19; 3745-66-40;
                                                                    3745-66-42; 3745-66-45; 3745-66-47; 3745-66-
                                                                    74; 3745-66-93; 3745-66-94; 3745-66-97; 3745-
                                                                    66-99; 3745-66-101; 3745-67-21; 3745-67-24;
                                                                    3745-67-28; 3745-67-29; 3745-67-55; 3745-67-
                                                                    59; 3745-67-80; 3745-67-81; 3745-68-02; 3745-
                                                                    68-03; 3745-68-05; 3745-68-12; 3745-68-14;
                                                                    3745-68-16; 3745-69-05; 3745-69-41; 3745-69-
                                                                    43; 3745-69-45; 3745-256-100; 3745-256-101;
                                                                    3745-266-70; 3745-266-80; 3745-266-100; 3745-
                                                                    266-102; 3745-266-103; 3745-266-106; 3745-
                                                                    266-107; 3745-266-109; 3745-266-112; 3745-
                                                                    270-02; 3745-270-04; 3745-270-06; 3745-270-
                                                                    07; 3745-270-40; 3745-270-42; 3745-270-44;
                                                                    3745-270-45; 3745-270-48; 3745-270-49; 3745-
                                                                    270-50; 3745-273-09; 3745-273-13; 3745-273-
                                                                    14; 3745-273-34; 3745-279-01; 3745-279-10;
                                                                    3745-279-11; 3745-279-43; 3745-279-44; 3745-
                                                                    279-45; 3745-279-52; 3745-279-55; 3745-279-
                                                                    56; 3745-279-57; 3745-279-59; 3745-279-63;
                                                                    3745-279-64; 3745-279-70; Effective February
                                                                    16, 2009.
----------------------------------------------------------------------------------------------------------------

                                   Table 2--Equivalent State Initiated Changes
----------------------------------------------------------------------------------------------------------------
                                                                                Sections affected and
              Ohio amendment                           Description of change                 effective date
----------------------------------------------------------------------------------------------------------------
Rule Review per 119.032...................  ..........................................  OAC 3745-50-31; 3745-50-
                                                                                47; 3745-54-56; 3745-54-
                                                                                77 Effective May 13,
                                                                                2007.
Housekeeping Rules Set I..................  ..........................................  OAC 3745-50-10; 3745-50-
                                                                                11; 3745-50-40 3745-50-
                                                                                51; 3745-50-235; 3745-
                                                                                51-03; 3745-51-04; 3745-
                                                                                51-05; 3745-51-20; 3745-
                                                                                51-22; 3745-51-24; 3745-
                                                                                51-30; 3745-51-35; 3745-
                                                                                51-38; 3745-52-10; 3745-
                                                                                52-21; 3745-52-27; 3745-
                                                                                52-32; 3745-52-33; 3745-
                                                                                52-34; 3745-52-41; 3745-
                                                                                52-54; 3745-53-20; 3745-
                                                                                53-21; 3745-54-18; 3745-
                                                                                54-71; 3745-54-72; 3745-
                                                                                54-98; 3745-55-47; 3745-
                                                                                55-90; 3745-55-99; 3745-
                                                                                57-14; 3745-57-83; 3745-
                                                                                57-91; 3745-65-72; 3745-
                                                                                66-41; 3745-66-90; 3745-
                                                                                67-73; 3745-68-14; 3745-
                                                                                68-40; 3745-256-100;
                                                                                3745-266-80; 3745-266-
                                                                                103; 3745-266-106; 3745-
                                                                                270-01; 3745-270-40;
                                                                                3745-270-48; 3745-279-
                                                                                44; 3745-279-53; 3745-
                                                                                279-55; 3745-279-63
                                                                                Effective February 16,
                                                                                2009.
----------------------------------------------------------------------------------------------------------------

G. Which revised State rules are different from the Federal rules?

    Ohio has excluded the non-delegable Federal requirements at 40 CFR
268.5, 268.6, 268.42(b), 268.44, and 270.3. EPA will continue to
implement those requirements. In this action, because Ohio has not
received statutory authority for Subparts AA, BB and CC of 40 CFR part
264, they have not adopted the rules for the 40 CFR subpart BB portion
in checklist 212 (located in the table above). This will be added at a
later date. Checklist 214 in the above table appeared in the Federal
Register on July 14, 2006 (71 FR 40254) as a Federal regulation that
corrected numerous errors that had appeared in the Code of Federal
Regulations over several years. Not all of the amendments in the July
14 Federal Register are reflected in this Ohio rules effective date or
in the current Authorization Revision Application. Since the July 14
Federal Register includes several hundred amendments, it was broken
into several rule-makings in Ohio. This is the first of these rule-
makings. Subsequent rule-makings will address the balance of the
corrections. A number of these Federal corrections had already been
made in the State rules, so not all the Federal changes made in the
July 14 FR resulted or will result in Ohio rule amendments attributable
to the July 14 FR. Ohio has corrected the errors in the sections cited
in Checklist 214 above, additional corrections will be noted in future
Federal Registers as State Initiated Changes to Checklist 214.

H. Who handles permits after the authorization takes effect?

    Ohio will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. EPA will continue
to administer any RCRA hazardous waste permits or portions of permits
which we issued prior to the effective date of this authorization until
they expire or are terminated. We will not issue any more new permits
or new portions of permits for the provisions listed in the Table above
after the effective date of this authorization. EPA will continue to
implement and issue permits for HSWA requirements for which Ohio is not
yet authorized.

I. How does today's action affect Indian Country (18 U.S.C. 1151) in
Ohio?

    Ohio is not authorized to carry out its hazardous waste program in
``Indian Country,'' as defined in 18 U.S.C. 1151. Indian Country
includes:
    1. All lands within the exterior boundaries of Indian Reservations
within or abutting the State of Ohio;
    2. Any land held in trust by the U.S. for an Indian tribe; and
    3. Any other land, whether on or off an Indian reservation that
qualifies as Indian Country.
    Therefore, EPA retains the authority to implement and administer
the RCRA program in Indian Country.

J. What is codification and is EPA codifying Ohio's Hazardous Waste
Program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the Code of Federal Regulations. We do this by referencing
the authorized State rules in 40 CFR part 272. Ohio's rules, up to and
including those revised June 7, 1991, as corrected August 19, 1991,
have previously been codified through the incorporation-by-reference
effective February 4, 1992 (57 FR 4162) . We reserve the amendment of
40 CFR part 272, subpart KK for the codification of Ohio's program
changes until a later date.

K. Statutory and Executive Order Reviews

    This proposed rule only authorizes hazardous waste requirements
pursuant to RCRA 3006 and imposes no requirements other than those
imposed by State law (see SUPPLEMENTARY INFORMATION, Section A. Why are
Revisions to State Programs Necessary?). Therefore this rule complies
with applicable executive orders and statutory provisions as follows:

1. Executive Order 18266: Regulatory Planning and Review and Executive
Order 13563: Improving Regulations and Regulatory Review

    The Office of Management and Budget has exempted this rule from its
review under Executive Orders 12866 (58 FR 51735, October 4, 1993) and
Executive Order 13563 (76 FR 3821 January 21, 2011).

2. Paperwork Reduction Act

    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.).

3. Regulatory Flexibility Act

    This rule authorizes State requirements for the purpose of RCRA
3006 and imposes no additional requirements beyond those required by
State law. Accordingly, I certify 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.).

4. Unfunded Mandates Reform Act

    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).

5. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) does not apply
to this rule because it will not have federalism implications (i.e.,
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).

6. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175 (65 FR 67249, November 9, 2000) does not
apply to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian tribes, or 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).

7. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This rule is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not economically significant as defined
in Executive Order 12866 and because the EPA does not have reason to
believe the environmental health or safety risks addressed by this
action present a disproportionate risk to children.

8. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 28355, May
22, 2001), because it is not a significant regulatory action as defined
in Executive Order 12866.

9. National Technology Transfer Advancement Act

    EPA approves State programs as long as they meet criteria required
by RCRA, so it would be inconsistent with applicable law for EPA, in
its review of a State program, to require the use of any particular
voluntary consensus standard in place of another standard that meets
requirements of RCRA. 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 to this rule.

10. Executive Order 12988

    As required by section 3 of Executive Order 12988 (61 FR 4729,
February 7, 1996), in issuing this rule, EPA has taken the necessary
steps to eliminate drafting errors and ambiguity, minimize potential
litigation, and provide a clear legal standard for affected conduct.

11. Executive Order 12630: Evaluation of Risk and Avoidance of
Unanticipated Takings

    EPA has complied with Executive Order 12630 (53 FR 8859, March 18,
1988) by examining the takings implications of the rule in accordance
with the Attorney General's Supplemental Guidelines for the Evaluation
of Risk and Avoidance of Unanticipated Takings issued under the
executive order.

12. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low Income Populations

    Because this rule proposes authorization of pre-existing State
rules and imposes no additional requirements beyond those imposed by
State law and there are no anticipated significant adverse human health
or environmental effects, the rule is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994).

13. Congressional Review Act

    EPA will submit a report containing this rule and other information
required by the Congressional Review Act (5 U.S.C. 801 et seq.) to the
U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States prior to publication 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).

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indians--lands, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements.

    Authority: This action is issued under the authority of sections
2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act as
amended, 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: August 28, 2011.
Susan Hedman,
 Regional Administrator, Region 5.
[FR Doc. 2011-23553 Filed 9-13-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 247 (Tuesday, December 24, 2013)]
[Rules and Regulations]
[Pages 77592-77594]
[FR Doc No: 2013-30647]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0989]
RIN 1625-AA00

Safety Zone; Lower Mississippi River Mile 94.1-Mile 95.1; New
Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
all waters of the Lower Mississippi River from mile marker 94.1 to mile
marker 95.1 above head of passes (AHP). This safety zone is necessary
to protect persons and vessels from potential safety hazards associated
with a fireworks display in the Lower Mississippi River at mile marker
94.6 AHP. Entry into this zone is prohibited unless specifically
authorized by the Captain of the Port New Orleans or a designated
representative.

DATES: This rule is effective from 11:55 p.m. on December 31, 2013 to
12:15 a.m. on January 1, 2014.

ADDRESSES: Documents indicated in this preamble are parts of docket
[USCG-2013-0989] and are available online at www.regulations.gov. They
are also available for inspection or copying at the Docket Management
Facility (M-30), U.S. Department of Transportation, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Lieutenant Commander (LCDR) Brandon Sullivan,
Sector New Orleans, at<PHONE_NUMBER> or<EMAIL_ADDRESS>
If you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

AHP Above Head of Passes
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and unnecessary.
This safety zone is needed to protect vessels and mariners from the
safety hazards associated with an aerial fireworks display taking place
over the waterway. Providing notice and comment for this rule
establishing the necessary safety zone would be impracticable as it
would delay the safety measure necessary to protect life and property
from the possible hazards associated with the display. Delay would also
unnecessarily interfere with the planned fireworks display. The impacts
on navigation are expected to be minimal as the safety zone will only
impact navigation for a short duration.
    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. Waiting a full 30 days after
publication in the Federal Register is contrary to the public interest
as that would delay the effectiveness of the safety zone until after
the planned fireworks event. Immediate action is needed to protect
vessels and mariners from the safety hazards associated with an aerial
fireworks display that will last for only a short duration. The Coast
Guard will notify the public and maritime community that the safety
zone will be in effect and of its enforcement periods via broadcast
notices to mariners.

B. Basis and Purpose

    J&M Displays is sponsoring a fireworks display from a barge located
at MM 94.6 AHP on the Lower Mississippi River. This event will take
place from 11:55 p.m. on December 31, 2013 to 12:15 a.m. on January 1,
2014. The Coast Guard has determined that a safety zone is needed to
protect the public, mariners, and vessels from the hazards associated
with these aerial fireworks displays over the waterway.
    The legal basis and authorities for this rule are found in 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-295, 116 Stat. 2064;
and Department of Homeland Security Delegation No. 0170.1, which
collectively authorize the Coast Guard to establish and define
regulatory safety zones.

C. Discussion of the Final Rule

    The Coast Guard is establishing a temporary safety zone on the
Lower Mississippi River from 11:55 p.m. on December 31, 2013 to 12:15
a.m. on January 1, 2014. The safety zone will include the entire width
of the Lower Mississippi River in New Orleans, LA, from MM 94.1 to MM
95.1 AHP. Entry into this zone is prohibited unless permission has been
granted by the Captain of the Port New Orleans, or a designated
representative.
    The Captain of the Port New Orleans will inform the public through
broadcast notices to mariners of the enforcement period for the safety
zone as well as any changes in the planned schedule. Mariners and other
members of the public may also contact Coast Guard Sector New Orleans
Command Center to inquire about the status of the safety zone, at (504)
365-2200.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This safety zone will
restrict navigation on the Lower Mississippi River from MM 94.1 to MM
95.1 AHP, for approximately 20 minutes from December 31, 2013 to
January 1, 2014. Due to the short duration of the event, the impacts on
routine navigation are expected to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their

fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities because the safety zone will only be subject to enforcement
for approximately 20 minutes from December 31, 2013 to January 1, 2014.
Before the activation of the zone, COTP New Orleans will issue maritime
advisories widely available to users of the river and will make
notifications to the public through marine band radio when the safety
zone is being enforced. Additionally, deviation from this rule may be
requested and will be considered on a case-by-case basis by COTP New
Orleans or a COTP New Orleans designated representative.

3. Assistance for Small Entities

    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, above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INTFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(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 establishing a temporary safety zone
for all waters of the Lower Mississippi River from MM 94.1 to MM 95.1
AHP. This rule is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES.

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 ACESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04.6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. A new temporary Sec.  165.T08-0989 is added to read as follows:

Sec.  165.T08-0989  Safety Zone, Lower Mississippi River Mile 94.1-Mile
95.1; New Orleans, LA.

    (a) Location. The following areas are safety zones: All waters of
the Lower Mississippi River from mile marker 94.1

to mile marker 95.1 above head of passes, New Orleans, LA.
    (b) Effective Date. This rule is effective from 11:55 p.m. on
December 31, 2013 to 12:15 a.m. on January 1, 2014.
    (c) Periods of Enforcement. The safety zone for MM 94.1 to MM 95.1
AHP will be enforced from 11:55 p.m. on December 31, 2013 to 12:15 a.m.
on January 1, 2014. The Captain of the Port (COTP) New Orleans or a
COTP New Orleans designated representative will inform the public
through broadcast notices to mariners of the enforcement period for the
safety zone as well as any changes in the planned schedule.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into this zone is prohibited unless specifically
authorized by the Captain of the Port New Orleans or designated
personnel. Designated personnel include commissioned, warrant and petty
officers of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector New Orleans.
    (2) The safety zone is closed to all persons and vessels, except as
may be permitted by the COTP New Orleans or a COTP New Orleans
designated representative.
    (3) Vessels requiring deviation from this rule must request
permission from the COTP New Orleans or a COTP New Orleans designated
representative. They may be contacted on VHF-FM Channel 16 or 67, or
through Coast Guard Sector New Orleans at<PHONE_NUMBER>.

    Dated: December 2, 2013.
P. W. Gautier,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2013-30647 Filed 12-23-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Proposed Rules]
[Pages 30089-30091]
[FR Doc No: 2018-13734]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 /
Proposed Rules

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0548]
RIN 1625-AA08

Special Local Regulation; Ohio River, Owensboro, KY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary special
local regulation for all navigable waters of the Ohio River, extending
the entire width of the river, from mile marker (MM) 754.0 to MM 760.0.
This action is necessary to provide for the safety of persons, vessels,
and the marine environment during the Owensboro Airshow. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port Sector Ohio
Valley or a designated representative. We invite your comments on this
proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before July 27, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0548 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Riley Jackson, Sector
Ohio Valley, U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The City of Owensboro notified the Coast Guard that it would be
conducting an airshow practice over the Ohio River from mile marker
(MM) 754.0 to MM 760.0 from noon to 4 p.m. on September 13, 2018. Over
the years, there have been unfortunate instances of aircraft mishaps
that involve crashing during performances at various air shows around
the world. Occasionally, these incidents result in a wide area of
scattered debris in the water that can damage property or cause
significant injury or death to the public observing the air shows. The
Captain of the Port Sector Ohio Valley (COTP) has determined that a
special local regulation is necessary to protect the public from
potential hazards associated with the aerial flight demonstration.
    This proposed rulemaking adds an extra day to the recurring special
local regulation for the Owensboro Airshow listed in our regulation for
marine events within the Eighth Coast Guard District, 33 CFR 100.801,
Table 1, Line 43. The airshow is requiring another day of practice
flights for the Blue Angels that will be participating in this year's
event.
    The purpose of this rulemaking is to ensure the safety of persons,
vessels, and the marine environment on the navigable waters of the Ohio
River before, during, and after the Owensboro Airshow. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary special local regulation
for all navigable waters of the Ohio River from MM 754.0 to MM 760.0
from noon to 4 p.m. on September 13, 2018. The regulated area would
cover all navigable waters of the Ohio River, extending the entire
width of the river, between MM 754.0 and MM 760.0 in Owensboro, KY. The
duration of the special local regulation is intended to ensure the
safety of persons, vessels, and the marine environment on these
navigable waters before, during, and after the Owensboro Airshow.
    No vessel or person would be permitted to enter the regulated area
without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector Ohio Valley. They may be contacted
on VHF-FM Channel 16 or by telephone at 1-800-253-7465. A designated
representative may be a Patrol Commander (PATCOM). The PATCOM would be
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign
``PATCOM''. All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
    Spectator vessels desiring to transit the regulated area may do so
only with prior approval of the PATCOM and, when so directed by that
officer, would be operated at a minimum safe navigation speed in a
manner which will not endanger any other vessels. No spectator vessel
shall anchor, block, loiter, or impede the through transit of official
patrol vessels in the regulated area during the effective dates and
times, unless cleared for entry by or through an official patrol
vessel. Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the air show.
    The COTP or a designated representative may forbid and control the
movement of all vessels in the regulated area. When hailed or signaled
by an official patrol vessel, a vessel shall come to an immediate stop
and comply with the directions given. Failure to do so may result in
expulsion from the regulated area, citation for failure to comply, or
both.

    The COTP or a designated representative may terminate the operation
of any vessel at any time it is deemed necessary for the protection of
life or property. The COTP or a designated representative would
terminate enforcement of the special local regulation at the conclusion
of the air show. The COTP or a designated representative will inform
the public of the enforcement times and date for this regulated area
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as
appropriate.
    The regulatory text we are proposing appears at the end of this
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders and
we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This Notice of Proposed
Rulemaking (NPRM) has not been designated a ``significant regulatory
action,'' under Executive Order 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget (OMB), and
pursuant to OMB guidance it is exempt from the requirements of
Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the temporary special local
regulation. This proposed special local regulation restricts transit on
a four-mile stretch of the Ohio River for four hours on one day.
Moreover, the Coast Guard would issue Broadcast Notices to Mariners,
Local Notices to Mariners, and Marine Safety Information Bulletins
about this special local regulation so that waterway users may plan
accordingly for this short restriction on transit, and the rule would
allow vessels to request permission to enter the regulated area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
temporary special local regulation may be small entities, for the
reasons stated in section IV.A above, this proposed rule would not have
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security (DHS) Directive 023-01, which guides the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have made a preliminary determination that this action
is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
proposed rule involves a special local regulation that would prohibit
entry on a four-mile stretch of the Ohio River on one day. Normally
such actions are categorically excluded from further review under
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A preliminary Record of Environmental Consideration
supporting this determination is available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without

jeopardizing the safety or security of people, places, or vessels.

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0548 to read as follows:

Sec.  100.35T08-0548   Special Local Regulation; Ohio River, Owensboro,
KY.

    (a) Location. The following area is a temporary special local
regulation: All navigable waters of the Ohio River, extending the
entire width of the river, between mile marker (MM) 754.0 and MM 760.0,
Owensboro, KY.
    (b) Effective period. This section is effective from noon through 4
p.m. on September 13, 2018.
    (c) Special local regulations. (1) In accordance with the general
regulations in Sec.  100.801, entry into this area is prohibited unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative. A designated representative is a
commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley. They may be contacted on VHF-FM Channel 16 or by telephone at
1-800-253-7465. A designated representative may be a Patrol Commander
(PATCOM). The PATCOM will be aboard either a Coast Guard or Coast Guard
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM
(156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as
participants or official patrol vessels are considered spectators. The
``official patrol vessels'' consist of any Coast Guard, state, or local
law enforcement and sponsor provided vessels assigned or approved by
the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do
so only with prior approval of the PATCOM and when so directed by that
officer will be operated at a minimum safe navigation speed in a manner
which will not endanger any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the
through transit of official patrol vessels in the regulated area during
the effective dates and times, unless cleared for entry by or through
an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but
may not anchor in, block, or loiter in a navigable channel. Spectator
vessels may be moored to a waterfront facility within the regulated
area in such a way that they shall not interfere with the progress of
the air show.
    (6) The COTP or a designated representative may forbid and control
the movement of all vessels in the regulated area. When hailed or
signaled by an official patrol vessel, a vessel shall come to an
immediate stop and comply with the directions given. Failure to do so
may result in expulsion from the regulated area, citation for failure
to comply, or both.
    (7) The COTP or a designated representative may terminate the
operation of any vessel at any time it is deemed necessary for the
protection of life or property.
    (8) The COTP or a designated representative will terminate
enforcement of the special local regulation at the conclusion of the
air show.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
regulated area through Broadcast Notices to Mariners (BNMs), Local
Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts
(MSIBs) as appropriate.

    Dated: June 21, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-13734 Filed 6-26-18; 8:45 am]
 BILLING CODE 9110-04-P