[Federal Register: August 7, 2008 (Volume 73, Number 153)]
[Notices]
[Page 46132-46133]
[DOCID:fr07au08-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-58279; File No. SR-NASDAQ-2008-066]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of a Proposed Rule Change To Modify Rule 7050
Governing Pricing for Nasdaq Members Using the NASDAQ Options Market
(``NOM'')

July 31, 2008.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 24, 2008, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'') the proposed
rule change as described in Items I, II, and III below, which Items
have been prepared by Nasdaq. Nasdaq has filed this proposal pursuant
to Section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-4(f)(2)
thereunder,\4\ Nasdaq has designated this proposal as establishing or
changing a due, fee, or other charge applicable only to members, which
renders the proposed rule change effective upon filing. The Commission
is publishing this notice and order to solicit comments on the proposed
rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Nasdaq has filed a proposed rule change to modify Rule 7050
governing pricing for Nasdaq members using the NASDAQ Options Market
(``NOM''), Nasdaq's facility for executing and routing standardized
equity and index options. The text of the proposed rule change is
available at http://nasdaqomx.cchwallstreet.com, the principal offices
of Nasdaq, and the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, Nasdaq included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item III below, and is set forth in Sections A, B, and C below.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    Nasdaq is proposing to modify Rule 7050 governing the fees assessed
for execution of options orders entered into NOM but routed to away
markets. When Nasdaq began trading standardized option on March 31,
2008, it assessed a routing fee based upon an approximation of the cost
to Nasdaq of executing such orders at those markets. Nasdaq later
determined that the superior approach for executions on away markets is
to pass-through to exchange members the actual fees assessed by away
markets plus the clearing fees for the execution of orders routed from
Nasdaq. To support that approach, Nasdaq collected and organized in
chart format the fees to be assessed for executions at each destination
exchange.
    Nasdaq has determined that it is impractical to reflect and
maintain in its rule manual the chart of fees assessed by each of the
six away markets. Nasdaq filed two proposed rule changes to make
changes to the chart of fees for executions on away markets during the
month of July.\5\ Nasdaq expects that the current rule convention would
require Nasdaq to file up to six changes each month in order to
accurately reflect the changing fees for all six markets.
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    \5\ See SR-NASDAQ-2008-058 (filed June 30, 2008), and SR-NASDAQ-
2008-059 (filed July 1, 2008).
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    Accordingly, under Nasdaq's current proposed rule change, Nasdaq
will preserve the pass-through approach to fees for executions on away
markets but modify the way those fees appear in Nasdaq's rule manual.
Rather than reflect the actual fees in its rule manual, Nasdaq will
cross-reference a location on its primary website for members,
NasdaqTrader.com, where it will maintain a fee schedule applicable to
options executions at away markets. Nasdaq will maintain a current fee
schedule as well as an historical record

of fees applicable on prior trading days in order to permit members to
understand and evaluate their invoices from Nasdaq.
    Nasdaq believes that these routing fees and the proposed approach
to displaying them are competitive, fair and reasonable, and non-
discriminatory in that they replicate the fees assessed by away markets
executing orders routed from Nasdaq. Nasdaq believes that displaying
its fees on a well-publicized and accessible Web site and maintaining
an historical record of fee changes will provide sufficient
transparency for Nasdaq members that voluntarily choose to use Nasdaq
systems to route orders in standardized options.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\6\ in general, and with Section
6(b)(4) of the Act,\7\ in particular, in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
members and issuers and other persons using any facility or system
which Nasdaq operates or controls.
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    \6\ 15 U.S.C. 78f.
    \7\ 15 U.S.C. 78f(b)(4).
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    Nasdaq is one of seven options market in the national market system
for standardized options. Joining Nasdaq and electing to trade options
is entirely voluntary. Under these circumstances, Nasdaq's fees must be
competitive and low in order for Nasdaq to attract order flow, execute
orders, and grow as a market. The various exchanges have filed these
fees with the Commission and it is reasonable for Nasdaq to pass those
fees through to its members. As such, Nasdaq believes that its fees are
fair and reasonable and consistent with the Exchange Act.

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended. To the contrary,
Nasdaq has designed its fees to compete effectively for the execution
and routing of options contracts and to reduce the overall cost to
investors of options trading.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Pursuant to Section 19(b)(3)(A)(ii) of the Act \8\ and Rule 19b-
4(f)(2) thereunder,\9\ Nasdaq has designated this proposal as
establishing or changing a due, fee, or other charge applicable only to
members, which renders the proposed rule change effective upon filing.
Nasdaq will make the proposed pricing schedule operational on August 1,
2008.
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    \8\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \9\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the Commission that such action is necessary or appropriate
in the public interest, for the protection of investors, or otherwise
in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NASDAQ-2008-066 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, Station Place, 100 F Street, NE., Washington,
DC 20549-1090.

    All submissions should refer to File Number SR-NASDAQ-2008-066.
This file number should be included on the subject line if e-mail is
used. To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-NASDAQ-2008-066 and should
be submitted on or before August 28, 2008

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Acting Secretary.
 [FR Doc. E8-18159 Filed 8-6-08; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 87, Number 56 (Wednesday, March 23, 2022)]
[Notices]
[Pages 16468-16469]
[FR Doc No: 2022-06107]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OLEM-2018-0646, FRL-9355-01-OLEM]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Safe Management of Recalled Airbags Rule, EPA ICR No.
2589.05, OMB Control No. 2050-0221

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) is planning to
submit the information collection request (ICR Safe Management of
Recalled Airbags Rule (EPA ICR No. 2589.05, OMB Control No. 2050-0221)
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act (PRA). Before doing so, the
EPA is soliciting public comments on specific aspects of the proposed
information collection as described in Supplementary Information. This
is a proposed extension of the ICR, which is currently approved through
November 30, 2022. An Agency may not conduct or sponsor and a person is
not required to respond to a collection of information unless it
displays a currently valid OMB control number.

DATES: Comments must be submitted on or before May 23, 2022.

ADDRESSES: Submit your comments, referencing by Docket ID No. EPA-HQ-
OLEM-2018-0646, at https://www.regulations.gov (our preferred method),
or the other methods identified in the ADDRESSES section. Once
submitted, comments cannot be edited or removed from the docket. The
EPA may publish any comment received to its public docket. Do not
submit to EPA's docket at https://www.regulations.gov any information
you consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, the full EPA public comment
policy, information about CBI or multimedia submissions, and general
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    Due to public health concerns related to COVID-19, the EPA Docket
Center and Reading Room are open to the public by appointment only. Our
Docket Center staff also continues to provide remote customer service
via email, phone, and webform. Hand deliveries or couriers will be
received by scheduled appointment only. For further information and
updates on EPA Docket Center services, please visit us online at
https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.

FOR FURTHER INFORMATION CONTACT: Tracy Atagi, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number:<PHONE_NUMBER>; email address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public

docket for this ICR. The docket can be viewed online at
www.regulations.gov. Out of an abundance of caution for members of the
public and our staff, the EPA Docket Center and Reading Room is closed
to the public, with limited exceptions, to reduce the risk of
transmitting COVID-19. Our Docket Center staff will continue to provide
remote customer service via email, phone and webform. For further
information about the EPA's public docket, Docket Center services and
the current status, please visit us online at https://www.epa.gov/dockets. The telephone number for the Docket Center is<PHONE_NUMBER>.
    Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
    Abstract: The collection of information is necessary in order to
ensure that the hazardous waste airbag modules and airbag inflators
exempted under this rule are safely disposed of and that defective
airbag modules and airbag inflators are not reinserted into vehicles
where they would pose an unreasonable risk of death or serious injury.
Information collection activities include maintaining at the airbag
handler for no less than three years records of (1) all off-site
shipments and (2) confirmations of receipt of airbag waste.
    Form Numbers: None.
    Respondents/affected entities: Business or other for-profit.
    Respondent's obligation to respond: required to obtain or retain a
benefit (sections 2002, 3001, 3002, 3003, 3004, 3006, 3010, and 3017 of
the Solid Waste Disposal Act).
    Estimated number of respondents: 15,256.
    Frequency of response: On occasion.
    Total estimated burden: 4,270 hours per year. Burden is defined at
5 CFR 1320.03(b).
    Total estimated cost: $130,791 (per year), includes $0 annualized
capital or operation & maintenance costs.
    Changes in Estimates: The burden hours are likely to stay
substantially the same.

    Dated: March 11, 2022.
Carolyn Hoskinson,
Director, Office of Resource Conservation and Recovery.
[FR Doc. 2022-06107 Filed 3-22-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 236 (Monday, December 13, 2021)]
[Proposed Rules]
[Pages 70778-70780]
[FR Doc No: 2021-26841]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-1082; Airspace Docket No. 21-ASO-16]
RIN 2120-AA66

Proposed Amendment and Removal of Air Traffic Service (ATS)
Routes; Eastern United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend three jet routes and remove four
jet routes in the eastern United States. This action supports the VHF
Omnidirectional Range (VOR) Minimum Operational Network (MON) program
to improve the efficiency of the National Airspace System (NAS) and
reduce dependency on ground-based navigational systems.

DATES: Comments must be received on or before January 27, 2022.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590; telephone:
1(800) 647-5527, or<PHONE_NUMBER>. You must identify FAA Docket No.
FAA-2021-1082; Airspace Docket No. 21-ASO-16 at the beginning of your
comments. You may also submit comments through the internet at https://www.regulations.gov.
    FAA Order JO 7400.11F, Airspace Designations and Reporting Points,
and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Rules and Regulations Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC, 20591; telephone: (202) 267-
8783. FAA Order JO 7400.11F is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of FAA Order JO 7400.11F at NARA, email:
[email protected] or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: Paul Gallant, Rules and Regulations
Group, Office of Policy, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would modify the route structure as necessary to
preserve the safe and efficient flow of air traffic within the NAS.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers (FAA Docket No. FAA-
2021-1082; Airspace Docket No. 21-ASO-16) and be submitted in
triplicate to the Docket Management Facility (see ADDRESSES section for
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2021-1082; Airspace Docket No. 21-ASO-16.'' The
postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified comment
closing date will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Eastern Service Center, Federal
Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA
30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order JO 7400.11F, Airspace
Designations and Reporting Points, dated August 10, 2021, and effective
September 15, 2021. FAA Order JO 7400.11F is publicly available as
listed in the ADDRESSES section of this document. FAA Order JO 7400.11F
lists Class A, B, C, D, and E airspace areas, air traffic service
routes, and reporting points.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 71 to amend three,
and remove four jet routes in the eastern United States. This action
would support the VOR MON program by amending or removing certain jet
route segments due to the planned decommissioning of ground-based
navigation aids. Additionally, the proposed jet route changes would
reduce aeronautical chart clutter by removing unneeded route segments.
    The proposed route changes are as follows:
    J-22: J-22 currently extends from Nuevo Laredo, Mexico, to
Montebello, VA. The FAA proposes to remove the route segments from
Vulcan, AL, to Montebello, VA. As proposed, the amendment route would
extend from Nuevo Laredo, Mexico to Meridian, MS. The portion within
Mexico is excluded.
    J-39: J-39 currently extends from Montgomery, AL, to Rosewood, OH.
The FAA proposes to remove the entire route.
    J-46: J-46 currently extends from Tulsa, OK, to Volunteer, TN. The
FAA proposes to remove the segment between Nashville, TN, and
Volunteer, TN. As proposed, the amendment route would extend from
Tulsa, OK, to Nashville, TN.
    J-48: J-48 currently extends from the intersection of the Solberg,
NJ, 264[deg] and the Pottstown, PA, 050[deg] radials, to Foothills, SC.
The FAA proposes to remove the segment between Montebello, VA, and
Foothills, SC. As proposed, J-48 would extend from the intersection of
the above Solberg and Pottstown radials to Montebello, VA.
    J-118: J-118 currently extends from Memphis, TN, to Spartanburg,
SC. The FAA proposes to remove the entire route.
    J-145: J-145 currently extends from Foothills, SC, to Charleston,
WV. The FAA proposes to remove the entire route.
    J-186: J-186 currently extends from Foothills, SC, to Appleton, OH.
The FAA proposes to remove the entire route.
    Jet routes are published in paragraph 2004 of FAA Order JO 7400.11F
dated August 10, 2021, and effective September 15, 2021, which is
incorporated by reference in 14 CFR 71.1. The jet routes listed in this
document would be subsequently amended in, or removed, respectively,
from FAA Order JO 7400.11
    FAA Order JO 7400.11, Airspace Designations and Reporting Points,
is published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11F, Airspace Designations and Reporting Points, dated August 10,
2021, and effective September 15, 2021, is amended as follows:

Paragraph 2004 Jet Routes.

* * * * *

J-22 [Amended]

    From Nuevo Laredo, Mexico, via Laredo, TX; Corpus Christi, TX;
Palacios, TX; Lake Charles, LA; McComb, MS; to Meridian, MS. The
airspace within Mexico is excluded.
* * * * *

J-39 [Removed]

* * * * *

J-46 [Amended]

    From Tulsa, OK, via Walnut Ridge, AR; to Nashville, TN.
* * * * *

J-48 [Amended]

    From INT Solberg, NJ, 264[deg] and Pottstown, PA, 050[deg]
radials; Pottstown; Westminster, MD; Casanova, VA; to Montebello,
VA.
* * * * *

J-118 [Removed]

* * * * *

J-145 [Removed]

* * * * *

J-186 [Removed]

* * * * *

    Issued in Washington, DC, on December 7, 2021.
Margaret C. Flategraff,
Acting Manager, Rules and Regulations Group.
[FR Doc. 2021-26841 Filed 12-10-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 95 (Wednesday, May 16, 2018)]
[Notices]
[Pages 22701-22702]
[FR Doc No: 2018-10393]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID: FEMA-2018-0011; OMB No. 1660--NEW]

Agency Information Collection Activities: Submission for OMB
Review; Comment Request; Post Disaster Survivor Preparedness Research

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice and request for comments.

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SUMMARY: The Federal Emergency Management Agency (FEMA) will submit the
information collection abstracted below to the Office of Management and
Budget for review and clearance in accordance with the requirements of
the Paperwork Reduction Act of 1995. The submission will describe the
nature of the information collection, the categories of respondents,
the estimated burden (i.e., the time, effort and resources used by
respondents to respond) and cost, and the actual data collection
instruments FEMA will use.

DATES: Comments must be submitted on or before June 15, 2018.

ADDRESSES: Submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the Desk
Officer for the Department of Homeland Security, Federal Emergency
Management Agency, and sent via electronic mail to
[email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection should be made to Director,
Information Management Division, 500 C Street SW, Washington, DC 20472,
email address [email protected] or
Jacqueline Snelling, Senior Advisor, U.S. Department of Homeland
Security/FEMA/National Preparedness Directorate, Individual and
Community Preparedness Division, Washington, DC 20472-3630,
[email protected].

SUPPLEMENTARY INFORMATION: This proposed information collection
previously published in the Federal Register on February 14, 2018 at 83
FR 6611 with a 60 day public comment period. FEMA received 14 anonymous
public comments that were not relevant to the information collection.
FEMA noticed a mistake in the number of respondents that results in a
change from what was published on February 14, 2018, at 83 FR 6611. The
number of respondents has changed from 3,120 to 6,120. FEMA also noted
a mistake in the total annual respondent cost from $19,240.00 to
$26,299.60. The purpose of this notice is to notify the public that
FEMA will submit the information collection abstracted below to the
Office of Management and Budget for review and clearance.

Collection of Information

    Title: Post Disaster Survivor Preparedness Research.
    Type of Information Collection: New information collection.
    OMB Number: 1660--NEW.
    Form Titles and Numbers: FEMA Form 519-0-54, Post Disaster Survivor
Preparedness Research.
    Abstract: Through improved understanding of the relationship
between an individual's preparedness knowledge, actions, and perception
and self-efficacy, FEMA will be able to draw some conclusions as to how
these factors contribute to and/or hinder life-saving responses and
short and long-term recovery, with a focus on historically underserved
communities.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 6,120.
    Estimated Number of Responses: 6,120.
    Estimated Total Annual Burden Hours: 740.
    Estimated Total Annual Respondent Cost: $26,299.60
    Estimated Respondents' Operation and Maintenance Costs: $0.
    Estimated Respondents' Capital and Start-Up Costs: $0.
    Estimated Total Annual Cost to the Federal Government: $186,573.45.

Comments

    Comments may be submitted as indicated in the ADDRESSES caption
above. Comments are solicited to (a) evaluate whether the proposed data
collection is necessary for the proper performance of the agency,
including whether the information shall have practical utility; (b)
evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) enhance the quality, utility, and
clarity of the information to be collected; and (d) minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.

    Dated: May 10, 2018.
Rachel Frier,
Records Management Branch Chief, Office of the Chief Administrative
Officer, Mission Support, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. 2018-10393 Filed 5-15-18; 8:45 am]
 BILLING CODE 9111-46-P


[Federal Register: February 27, 2008 (Volume 73, Number 39)]
[Proposed Rules]
[Page 10406-10411]
[DOCID:fr27fe08-15]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R01-OAR-2008-0112; A-1-FRL-8533-7]

Outer Continental Shelf Air Regulations Consistency Update for
Massachusetts

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule-consistency update.

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SUMMARY: EPA is proposing to update a portion of the Outer Continental
Shelf (``OCS'') Air Regulations. Requirements applying to OCS sources
located within 25 miles of States' seaward boundaries must be updated
periodically to remain consistent with the requirements of the
corresponding onshore area (``COA''), as mandated by section 328(a)(1)
of the Clean Air Act (``the Act''). The portion of the OCS air
regulations that is being updated pertains to the requirements for OCS
sources in the Commonwealth of Massachusetts. The intended effect of
approving the OCS requirements for the Commonwealth of Massachusetts is
to regulate emissions from OCS sources in accordance with the
requirements onshore. The change to the existing requirements discussed
below is proposed to be incorporated by reference into the Code of
Federal Regulations and is listed in the appendix to the OCS air
regulations.

DATES: Written comments must be received on or before March 28, 2008.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R01-OAR-2008-0112 by one of the following methods:
    1. www.regulations.gov: Follow the on-line instructions for
submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: ``Docket Identification Number EPA-R01-OAR-2008-0112'',
Ida McDonnell, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, Suite 1100 (mail code CAP),
Boston, MA 02114-2023.
    5. Hand Delivery or Courier: Deliver your comments to: Ida
McDonnell, Air Permits, Toxics and Indoor Air Unit, Office of Ecosystem
Protection, U.S. Environmental Protection Agency, EPA New England
Regional Office, One Congress Street, 11th floor, (CAP), Boston, MA
02114-2023. Such deliveries are only accepted during the Regional
Office's normal hours of operation. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-R01-OAR-
2008-0112. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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 through www.regulations.gov, or e-
mail, information that you consider to be CBI or otherwise protected.
The 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 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 electronic docket are listed in the
www.regulations.gov index. 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 www.regulations.gov or
in hard copy at Office of Ecosystem Protection, U.S. Environmental
Protection Agency, EPA New England Regional Office, One Congress
Street, Suite 1100, Boston, MA. EPA requests that if at all possible,
you contact the contact listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
legal holidays.

FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Air Permits, Toxics
and Indoor Air Unit, U.S. Environmental Protection Agency, EPA New
England Regional Office, One Congress Street, Suite 1100 (CAP), Boston,
MA 02114-2023, telephone number<PHONE_NUMBER>, fax number (617) 918-
0653, e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document. The following outline is provided to
aid in locating information in this preamble.

I. Background and Purpose
II. EPA's Evaluation
III. Proposed Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On September 4, 1992, EPA promulgated 40 CFR part 55,\1\ which
established requirements to control air pollution from Outer
Continental Shelf (OCS) sources in order to attain and maintain federal
and state ambient air quality standards and to comply with the
provisions of part C of title I of the Act. Part 55 applies to all OCS
sources offshore of the States except those located in the Gulf of
Mexico west of 87.5 degrees longitude. Section 328 of the Act requires
that for such sources located within 25 miles of a State's seaward
boundary, the requirements shall be the same as would be applicable if
the sources were located in the corresponding onshore area (COA).
Because the OCS requirements are based on onshore requirements, and
onshore requirements may change, section 328(a)(1) requires that EPA
update the OCS requirements as necessary to maintain consistency with
onshore requirements.
---------------------------------------------------------------------------

    \1\ The reader may refer to the Notice of Proposed Rulemaking,
December 5, 1991 (56 FR 63774), and the preamble to the final rule
promulgated September 4, 1992 (57 FR 40792) for further background
and information on the OCS regulations.
---------------------------------------------------------------------------

    Pursuant to Sec.  55.12 of the OCS rule, consistency reviews will
occur (1) at least annually; (2) upon receipt of a Notice of Intent
under Sec.  55.4; or (3) when a state or local agency submits a rule to
EPA to be considered for incorporation by reference in part 55. This
proposed action is being taken in response to the submittal of a Notice
of Intent on December 7, 2007 by Cape Wind Associates, LLC of Boston,
Massachusetts. Public comments received in writing within 30 days of
publication of this document will be considered by EPA before
publishing a final rule.
    Section 328(a) of the Act requires that EPA establish requirements
to control air pollution from OCS sources located within 25 miles of
States' seaward boundaries that are the same as onshore requirements.
To comply with this statutory mandate, EPA must incorporate applicable
onshore rules into part 55 as they exist onshore. This limits EPA's
flexibility in deciding which requirements will be incorporated into
part 55 and prevents EPA from making substantive changes to the
requirements it incorporates. As a result, EPA may be incorporating
rules into part 55 that do not conform to all of EPA's state
implementation plan (``SIP'') guidance or certain requirements of the
Act.
    Consistency updates may result in the inclusion of state or local
rules or regulations into part 55, even though the same rules may
ultimately be disapproved for inclusion as part of the SIP. Inclusion
in the OCS rule does not imply that a rule meets the requirements of
the Act for SIP approval, nor does it imply that the rule will be
approved by EPA for inclusion in the SIP.

II. EPA's Evaluation

    In updating 40 CFR part 55, EPA reviewed the state rules for
inclusion in part 55 to ensure that they are rationally related to the
attainment or maintenance of federal or state ambient air quality
standards or part C of title I of the Act, that they are not designed
expressly to prevent exploration and development of the OCS and that
they are applicable to OCS sources. 40 CFR 55.1. EPA has also evaluated
the rules to ensure they are not arbitrary or capricious. 40 CFR
55.12(e). In addition, EPA has excluded administrative or procedural
rules,\2\ and requirements that regulate toxics which are not related
to the attainment and maintenance of federal and state ambient air
quality standards.
---------------------------------------------------------------------------

    \2\ Each COA which has been delegated the authority to implement
and enforce part 55, will use its administrative and procedural
rules as onshore. However, in those instances where EPA has not
delegated authority to implement and enforce part 55, as in
Massachusetts, EPA will use its own administrative and procedural
requirements to implement the substantive requirements. See 40 CFR
55.14 (c)(4).
---------------------------------------------------------------------------

    EPA is soliciting public comments on the issues discussed in this
document or on other relevant matters. These comments will be
considered before taking final action. Interested parties may
participate in the Federal rulemaking procedure by submitting written
comments to the EPA New England Regional Office listed in the ADDRESSES
section of this Federal Register.

III. Proposed Action

    EPA is proposing to incorporate the rules applicable to sources for
which the Commonwealth of Massachusetts will be the COA. The rules that
EPA proposes to incorporate are applicable provisions of 310 Code of
Massachusetts Regulations (CMR) 4.00: Timely Action Schedule and Fee
Provisions, 310 CMR 6.00: Ambient Air Quality Standards for the
Commonwealth of Massachusetts, 310 CMR 7.00: Air Pollution Control, and
310 CMR 8:00: The Prevention and/or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies.
    With respect to the Air Pollution Control regulations at 310 CMR
7.00, Massachusetts is divided into six regions known as air pollution
control

districts, three of which (Merrimack Valley, Metropolitan Boston, and
Southeastern Massachusetts) are coastal.\3\ Many of the specific
provisions of the Air Pollution Control regulations are limited to
certain air pollution control districts, or apply differently in
different air pollution control districts.
---------------------------------------------------------------------------

    \3\ These districts are not associated with separate air
pollution control agencies; they are purely conceptual.
---------------------------------------------------------------------------

    In interpreting such provisions as they are incorporated into part
55, EPA proposes to treat any existing or proposed OCS source as if it
were located in the specific air pollution control district that is
geographically closest to that source. EPA is relying on this
interpretation for purposes of this action. If EPA does not receive
comments to the contrary from any party during the public comment
period, the interpretation stated above will represent EPA's formal
interpretations of the provisions incorporated into part 55 for
purposes of federal law.
    With respect to the Prevention and/or Abatement of Air Pollution
Episode and Air Pollution Incident Emergencies regulations at 310 CMR
8.00, EPA proposes to rely on the Massachusetts Department of
Environmental Protection's evaluation, declaration, and notice of an
Air Pollution Episode or Incident Emergency applicable to the point on
land nearest to an OCS source. Specifically, in interpreting the
Massachusetts Prevention and/or Abatement of Air Pollution Episode and
Air Pollution Incident Emergencies regulations as they are incorporated
into part 55, EPA proposes to treat any existing or proposed OCS source
as if it were located at the point on land that is geographically
closest to that source. The restrictions that the Department of
Environmental Protection applies to on-shore sources on that point of
land pursuant to these regulations would then apply to the OCS source
as if it were located on that point of land. EPA is relying on this
interpretation for purposes of this action. If EPA does not receive
comments to the contrary from any party during the public comment
period, the interpretation stated above will represent EPA's formal
interpretations of the provisions incorporated into part 55 for
purposes of federal law.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to Office of Management and Budget (``OMB'')
review and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
Review. These rules implement requirements specifically and explicitly
set forth by the Congress in section 328 of the Clean Air Act, without
the exercise of any policy discretion by EPA. These OCS rules already
apply in the COA, and EPA has no evidence to suggest that these OCS
rules have created an adverse material effect. As required by section
328 of the Clean Air Act, this action simply updates the existing OCS
requirements to make them consistent with rules in the COA.

B. Paperwork Reduction Act

    The OMB has approved the information collection requirements
contained in 40 CFR part 55, and by extension this update to the rules,
under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et
seq. and has assigned OMB control number 2060-0249. Notice of OMB's
approval of EPA Information Collection Request (``ICR'') No. 1601.06
was published in the Federal Register on March 1, 2006 (71 FR 10499-
10500). The approval expires January 31, 2009. As EPA previously
indicated (70 FR 65897-65898 (November 1, 2005)), the annual public
reporting and recordkeeping burden for collection of information under
40 CFR part 55 is estimated to average 549 hours per response. Burden
means the total time, effort, or financial resources expended by
persons to generate, maintain, retain, or disclose or provide
information to or for a Federal agency. This includes the time needed
to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9 and are identified on
the form and/or instrument, if applicable. In addition, EPA is amending
the table in 40 CFR part 9 of currently approved OMB control numbers
for various regulations to list the regulatory citations for the
information requirements contained in this final rule.

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.
    These rules will not have a significant economic impact on a
substantial number of small entities. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. These OCS rules already apply in the COA, and EPA
has no evidence to suggest that these OCS rules have had a significant
economic impact on a substantial number of small entities. As required
by section 328 of the Clean Air Act, this action simply updates the
existing OCS requirements to make them consistent with rules in the
COA. Therefore, this action will not have a significant economic impact
on a substantial number of small entities.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA''),
Public Law 104-4, establishes requirements for Federal agencies to
assess the effects of

their regulatory actions on State, local, and tribal governments and
the private sector. Under section 202 of the UMRA, EPA generally must
prepare a written statement, including a cost-benefit analysis, for
proposed and final rules with ``Federal mandates'' that may result in
expenditures to State, local, and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year.
    Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    This document contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector that may result in expenditures of
$100 million or more for State, local, or tribal governments, in the
aggregate, or to the private sector in any one year. This action would
implement requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act without the exercise of
any policy discretion by EPA. The OCS rules already apply in the COA,
and EPA has no evidence to suggest that applying them in the OCS would
result in expenditures to State, local, and tribal governments, in the
aggregate, or to the private sector, of $100 million or more in any one
year. As required by section 328 of the Clean Air Act, this action
simply updates the existing OCS requirements to make them consistent
with rules in the COA.

E. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255 (August
10, 1999)), 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.''
    This proposed rule does not have federalism implications. It 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. These rules implement
requirements specifically and explicitly set forth by the Congress in
section 328 of the Clean Air Act, without the exercise of any policy
discretion by EPA. As required by section 328 of the Clean Air Act,
this rule simply updates the existing OCS rules to make them consistent
with current COA requirements. These rules do not amend the existing
provisions within 40 CFR part 55 enabling delegation of OCS regulations
to a COA, and this rule does not require the COA to implement the OCS
rules. Thus, Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicits comments on this proposed rule
from State and local officials.

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 rule 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 and thus does not have ``tribal
implications,'' within the meaning of Executive Order 13175. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act, without the exercise of
any policy discretion by EPA. As required by section 328 of the Clean
Air Act, this rule simply updates the existing OCS rules to make them
consistent with current COA requirements. In addition, this rule does
not impose substantial direct compliance costs on tribal governments,
nor preempt tribal law. Consultation with Indian tribes is therefore
not required under Executive Order 13175. Nonetheless, in the spirit of
Executive Order 13175 and consistent with EPA policy to promote
communications between EPA and tribes, EPA specifically solicits
comments on this proposed rule from tribal officials.

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

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885 (April 23, 1997)), applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to Executive Order 13045 because
it is not economically significant as defined in Executive Order 12866.
In addition, the Agency does not have reason to believe the
environmental health or safety risks addressed by this action present a
disproportional risk to children.

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

    This proposed 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(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable laws or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decided
not to use available and applicable voluntary consensus standards.
    As discussed above, these rules implement requirements specifically
and explicitly set forth by the Congress in section 328 of the Clean
Air Act, without the exercise of any policy discretion by EPA. As
required by section 328 of the Clean Air Act, this rule simply updates
the existing OCS rules to make them consistent with current COA
requirements. In the absence of a prior existing requirement for the
state to use voluntary consensus standards and in light of the fact
that EPA is required to make the OCS rules consistent with current COA
requirements, it would be inconsistent with applicable law for EPA to
use voluntary consensus standards in this action. Therefore, EPA is not
considering the use of any voluntary consensus standards. EPA welcomes
comments on this aspect of the proposed rulemaking and, specifically,
invites the public to identify potentially-applicable voluntary
consensus standards and to explain why such standards should be used in
this regulation.

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

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States. EPA lacks the discretionary authority
to address environmental justice in this proposed action. This rule
implements requirements specifically and explicitly set forth by the
Congress in section 328 of the Clean Air Act, without the exercise of
any policy discretion by EPA. As required by section 328 of the Clean
Air Act, this rule simply updates the existing OCS rules to make them
consistent with current COA requirements.
    Although EPA lacks authority to modify today's regulatory decision
on the basis of environmental justice considerations, EPA nevertheless
explored this issue and found the following. This action, namely,
updating the OCS rules to make them consistent with current COA
requirements, will not have disproportionately high and adverse human
health or environmental effects on minority or low-income populations
because it increases the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority or low-income population. Environmental justice
considerations may be appropriate to consider in the context of a
specific OCS permit application.

List of Subjects in 40 CFR Part 55

    Environmental protection, Administrative practice and procedure,
Air pollution control, Continental Shelf, Incorporation by reference,
Intergovernmental relations, Nitrogen dioxide, Ozone, Particulate
matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: February 19, 2008.
Robert W. Varney,
Regional Administrator, EPA New England.

    For the reasons stated in the preamble, title 40, chapter I of the
Code of Federal Regulations, is proposed to be amended as follows:

PART 55--[AMENDED]

    1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Act (42 U.S.C. 7401, et seq.) as
amended by Public Law 101-549.

    2. Section 55.14 is amended as follows:
    a. By adding paragraph (d)(11).
    b. In paragraph (e) introductory text by adding a new address after
the words ``regional offices:''.
    c. By adding paragraph (e)(11).

Sec.  55.14  Requirements that apply to OCS sources located within 25
miles of States' seaward boundaries, by State.

* * * * *
    (d) * * *
    (11) Massachusetts.
    (i) 40 CFR part 52, subpart W.
    (ii) [Reserved]
* * * * *
    (e) * * * U.S. EPA, Region 1 (Massachusetts) One Congress Street,
Boston, MA 02114-2023 * * *
* * * * *
    (11) Massachusetts.
    (i) State requirements.
    (A) Commonwealth of Massachusetts Requirements Applicable to OCS
Sources, December 28, 2007.
    (B) [Reserved]
    (ii) Local requirements.
    (A) [Reserved]
* * * * *
    3. Appendix A to part 55 is amended by adding an entry for
Massachusetts in alphabetical order to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements
Incorporated by Reference Into Part 55, By State

* * * * *
    Massachusetts
    (a) State requirements.
    (1) The following Commonwealth of Massachusetts requirements are
applicable to OCS Sources, December 28, 2007, Commonwealth of
Massachusetts--Department of Environmental Protection. The following
sections of 310 CMR 4.00, 310 CMR 6.00, 310 CMR 7.00 and 310 CMR
8.00:

310 CMR 4.00: Timely Action Schedule and Fee Provisions

Section 4.01: Purpose, Authority and General Provisions (Effective
10/19/2007)
Section 4.02: Definitions (Effective 10/19/2007)
Section 4.03: Annual Compliance Assurance Fee (Effective 10/19/2007)

310 CMR 6.00: Ambient Air Quality Standards for the Commonwealth of
Massachusetts

Section 6.01: Definitions (Effective 12/28/2007)
Section 6.02: Scope (Effective 12/28/2007)
Section 6.03: Reference Conditions (Effective 12/28/2007)
Section 6.04: Standards (Effective 12/28/2007)

310 CMR 7.00: Air Pollution Control

Section 7.00: Statutory Authority; Legend; Preamble; Definitions
(Effective 12/28/2007)
Section 7.01: General Regulations to Prevent Air Pollution
(Effective 12/28/2007)
Section 7.02: U Plan Approval and Emission Limitations (Effective
12/28/2007)
Section 7.03: U Plan Approval Exemptions: Construction Requirements
(Effective 12/28/2007)
Section 7.04: U Fossil Fuel Utilization Facilities (Effective 12/28/
2007)

Section 7.05: U Fuels All Districts (Effective 12/28/2007)
Section 7.06: U Visible Emissions (Effective 12/28/2007)
Section 7.07: U Open Burning (Effective 12/28/2007)
Section 7.08: U Incinerators (Effective 12/28/2007)
Section 7.09: U Dust, Odor, Construction and Demolition (Effective
12/28/2007)
Section 7.11: U Transportation Media (Effective 12/28/2007)
Section 7.12: U Source Registration (Effective 12/28/2007)
Section 7.13: U Stack Testing (Effective 12/28/2007)
Section 7.14: U Monitoring Devices and Reports (Effective 12/28/
2007)
Section 7.15: U Asbestos (Effective 12/28/2007)
Section 7.18: U Volatile and Halogenated Organic Compounds
(Effective 12/28/2007)
Section 7.19: U Reasonably Available Control Technology (RACT) for
Sources of Oxides of Nitrogen (NOX) (Effective 12/28/
2007)
Section 7.21: Sulfur Dioxide Emissions Limitations (Effective 12/28/
2007)
Section 7.22: Sulfur Dioxide Emissions Reductions for the Purpose of
Reducing Acid Rain (Effective 12/28/2007)
Section 7.24: U Organic Material Storage and Distribution (Effective
12/28/2007)
Section 7.25: U Best Available Controls for Consumer and Commercial
Products (Effective 12/28/2007)
Section 7.26: Industry Performance Standards (Effective 12/28/2007)
Section 7.27: NOX Allowance Program (Effective 12/28/
2007)
Section 7.28: NOX Allowance Trading Program (Effective
12/28/2007)
Section 7.29: Emissions Standards for Power Plants (Effective 12/28/
2007)
Section 7.60: U Severability (Effective 12/28/2007)
Section 7.00: Appendix A (Effective 12/28/2007)
Section 7.00: Appendix B (Effective 12/28/2007)
Section 7.00: Appendix C (Effective 12/28/2007)

310 CMR 8.00: The Prevention and/or Abatement of Air Pollution Episode
and Air Pollution Incident Emergencies

Section 8.01: Introduction (Effective 12/28/2007)
Section 8.02: Definitions (Effective 12/28/2007)
Section 8.03: Air Pollution Episode Criteria (Effective 12/28/2007)
Section 8.04: Air Pollution Episode Potential Advisories (Effective
12/28/2007)
Section 8.05: Declaration of Air Pollution Episodes and Incidents
(Effective 12/28/2007)
Section 8.06: Termination of Air Pollution Episodes and Incident
Emergencies (Effective 12/28/2007)
Section 8.07: Emission Reductions Strategies (Effective 12/28/2007)
Section 8.08: Emission Reduction Plans (Effective 12/28/2007)
Section 8.15: Air Pollution Incident Emergency (Effective 12/28/
2007)
Section 8.30: Severability (Effective 12/28/2007)
(2) [Reserved]
* * * * *
 [FR Doc. E8-3614 Filed 2-26-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 100 (Tuesday, May 26, 2015)]
[Rules and Regulations]
[Pages 29949-29952]
[FR Doc No: 2015-12635]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2014-0300]
RIN 1625-AA00

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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is adding twenty three new fireworks display
safety zones at various locations in the Sector Columbia River Captain
of the Port zone. The Coast Guard amended the regulatory text to
clarify that the coordinates for all safety zones are approximate. The
Coast Guard corrected the locations of nine existing and ten new
fireworks events in the Sector Columbia River Captain of the Port zone.
In addition, the Coast Guard is changing the format of the existing
regulation by incorporating a fireworks event table for ease of use.

DATES: This rule is effective June 25, 2015.

ADDRESSES: Documents mentioned in this preamble are part of Docket
Number [USCG-2014-0300]. To view documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number in the ``SEARCH'' box and click ``SEARCH.''
Click on ``Open Docket Folder'' on the line associated with this
rulemaking. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    You may submit comments identified by docket number USCG-2014-0300
using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Mail or Delivery: Docket Management Facility
(M-30), U.S. Department of Transportation, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday,
except federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Kenneth Lawrenson, Waterways Management Division, Marine
Safety Unit Portland, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Cheryl Collins, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
SNPRM Supplemental Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard published an NPRM in the Federal Register entitled
``Safety Zones; Fireworks Displays in the Sector Columbia River Captain
of the Port Zone'' on June 18, 2014. The Coast Guard published a
Supplemental Notice of Proposed Rulemaking in the Federal Register on
February 24, 2015 with a comment period ending on March 26, 2015 (see
80 FR 9673). The SNPRM was published to correct coordinates of 19 of
the fireworks displays and to clarify that the coordinates of the
safety zones are approximate. Specifically, the SNPRM corrected the
location of the safety zones for the following fireworks events: Cinco
de Mayo, Tri-City Chamber of Commerce, Cedco Inc., Florence
Independence Day Celebration, Ilwaco July 4th Independence Day at the
Port, East County 4th of July, City of St. Helens 4th of July, Hood
River 4th of July, Rufus 4th of July, Maritime Heritage Festival, Lynch
Picnic, July 4th Party at the Port of Gold Beach, Roseburg Hometown 4th
of July, Newport 4th of July, The Mill Casino Independence Day,
Westport 100th Anniversary, Westport 4th of July, The 4th of July at
Pekin Ferry, and the Leukemia and Lymphoma Light the Night.
Additionally, we found a duplicate entry for the Hood River 4th of July
event.

B. Basis and Purpose

    The legal basis for this rule is: 33 U.S.C. 1231; 50 U.S.C. 191, 33
CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; and Department of Homeland
Security Delegation No. 0170.1, which collectively authorize the Coast
Guard to establish regulatory safety zones for safety and environmental
purposes.
    The safety zones are being implemented to help ensure the safe
navigation of maritime traffic in the Sector Columbia River Area of
Responsibility during fireworks displays. Fireworks displays create
hazardous conditions for the maritime public because of the large
number of vessels that congregate near the displays, as well as the
noise, falling debris, and explosions that occur during the event.
Because firework discharge sites can pose a hazard to the maritime
public, these safety zones are necessary in order to restrict vessel
movement and reduce vessel congregation in the proximity of the
firework discharge sites.

C. Discussion of Comments, Changes and the Final Rule

    Two comments to the SNPRM were submitted and no requests for a
public meeting were received by the Coast Guard. Both comments were
submitted by the fireworks display provider and requested corrections
to two locations. The first comment stated that the location of the
Astoria Regatta Firework display has changed to a different location
from which was published in the SNPRM. The Coast Guard has verified
this position with the firework coordinator and replaced the previous
geographic latitude and longitude. The second comment stated that the
location of the Astoria-Warrenton 4th of July Firework display has
changed to a different location from which was published in the SNPRM.
The Coast Guard has verified this position with the firework
coordinator and replaced the previous geographic latitude and
longitude.

D. Discussion of the Final Rule

    The Final Rule modifies the safety zone by incorporating new areas
that encompass waters within a 450 yard radius of the launch site at
the approximate locations listed in the tables.
    Additionally, The Final Rule amends the positions of the following
fireworks displays in order to accurately reflect the approximate
locations of the fireworks displays:

--------------------------------------------------------------------------------------------------------------------------------------------------------
    Event name  (typically)               Event location                       Date of event                    Latitude                Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cinco de Mayo Fireworks         Portland, OR......................  One day in May....................  45[deg]30'58'' N.......  122[deg]40'12'' W
 Display.
Tri-City Chamber of Commerce    Kennewick, WA.....................  One day in July...................  46[deg]13'37'' N.......  119[deg]08'47'' W.
 Fireworks Display, Columbia
 Park.
Cedco Inc. Fireworks Display..  North Bend, OR....................  One day in July...................  43[deg]23'42'' N.......  124[deg]12'55'' W.
Florence Independence Day       Florence, OR......................  One day in July...................  43[deg]58'09'' N.......  124[deg]05'50'' W.
 Celebration.
Ilwaco July 4th Committee       Ilwaco, OR........................  One day in July...................  46[deg]18'17'' N.......  124[deg]02'00'' W.
 Fireworks/Independence Day at
 the Port.
East County 4th of July         Gresham, OR.......................  One day in July...................  45[deg]33'32'' N.......  122[deg]27'10'' W.
 Fireworks.
City of St. Helens 4th of July  St. Helens, OR....................  One day in July...................  45[deg]51'54'' N.......  122[deg]47'26'' W.
 Fireworks Display.
Hood River 4th of July........  Hood River, OR....................  One day in July...................  45[deg]42'58'' N.......  121[deg]30'32'' W.
Rufus 4th of July Fireworks...  Rufus, OR.........................  One day in July...................  45[deg]41'39'' N.......  120[deg]45'16'' W.
Maritime Heritage Festival....  St. Helens, OR....................  One day in July...................  45[deg]51'54'' N.......  122[deg]47'26'' W.
Lynch Picnic..................  West Linn, OR.....................  One day in July...................  45[deg]23'37'' N.......  122[deg]37'52'' W.
July 4th Party at the Port of   Gold Beach, OR....................  One day in July...................  42[deg]25'30'' N.......  124[deg]25'03'' W.
 Gold Beach.
Roseburg Hometown 4th of July.  Roseburg, OR......................  One day in July...................  43[deg]12'58'' N.......  123[deg]22'10'' W.
Newport 4th of July...........  Newport, OR.......................  One day in July...................  44[deg]37'40'' N.......  124[deg]02'45'' W.
The Mill Casino Independence    North Bend, OR....................  One day in July...................  43[deg]23'42'' N.......  124[deg]12'55'' W.
 Day.
Westport 100th Anniversary....  Westport, WA......................  One day in June...................  46[deg]54'17'' N.......  124[deg]05'59'' W.
Westport 4th of July..........  Westport, WA......................  One day in July...................  46[deg]54'17'' N.......  124[deg]05'59'' W.
The 4th of July at Pekin Ferry  Ridgefield, WA....................  One day in July...................  45[deg]52'07'' N.......  122[deg]43'53'' W.
Leukemia and Lymphoma Light     Portland, OR......................  One day in October................  45[deg]31'14'' N.......  122[deg]40'06'' W.
 the Night Fireworks Display.
Astoria-Warrenton 4th of July   Astoria, OR.......................  One day in July...................  46[deg]11'44'' N.......  123[deg]48'25'' W.
 Fireworks.
Astoria Regatta...............  Astoria, OR.......................  One day in August.................  46[deg]11'44'' N.......  123[deg]48'25'' W.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Finally, the final rule places the regulated areas into a table
format, rather than a narrative format used previously.

E. 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. The Coast Guard bases
this finding on the fact that the safety zones listed will be in place
for a limited period of time and are minimal in duratioN

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this rule on small entities. 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.
    This rule may affect the following entities, some of which may be
small entities: The owners and operators of vessels intending to
operate in the area covered by the safety zone. The rule will not have
a significant economic impact on a substantial number of small entities
because the safety zones will only be in effect for a limited period of
time. Additionally, vessels can still transit through the zone with the
permission of the Captain of the Port. Before the effective period, we
will publish advisories in the Local Notice to Mariners available to
users of the river. Maritime traffic will be able to schedule their
transits around the safety zone.
    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.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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,
above. 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
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.

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 would not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

8. Taking of Private Property

    This rule would 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 would not create an
environmental risk to health or risk to safety that might
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 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.

12. Energy Effects

    This rule 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 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 rule involves the amendment and
addition of safety zones in 33 CFR 165.1315. This rule is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are available in the docket where indicated under ADDRESSES. We seek
any comments or information that may lead to the discovery of a
significant environmental impact from this rule.

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 is
amending 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Revise Sec.  165.1315 to read as follows:

Sec.  165.1315  Safety Zone; Annual Fireworks Displays within the
Sector Columbia River Captain of the Port Zone.

    (a) Safety zones. The following areas are designated safety zones:
Waters of the Columbia River and its tributaries, waters of the Siuslaw
River, Yaquina River, and Umpqua River, and waters of the Washington
and Oregon coasts, within a 450 yard radius of the launch site at the
approximate locations listed in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
    Event name (typically)                Event location                       Date of event                    Latitude                Longitude
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cinco de Mayo Fireworks         Portland, OR......................  One day in May....................  45[deg]30'58'' N.......  122[deg]40'12'' W.
 Display.
Portland Rose Festival          Portland, OR......................  One day in May or June............  45[deg]30'58'' N.......  122[deg]40'12'' W.
 Fireworks Display.
Tri-City Chamber of Commerce    Kennewick, WA.....................  One day in July...................  46[deg]13'37'' N.......  119[deg]08'47'' W.
 Fireworks Display, Columbia
 Park.
Cedco Inc. Fireworks Display..  North Bend, OR....................  One day in July...................  43[deg]23'42'' N.......  124[deg]12'55'' W.
Astoria-Warrenton 4th of July   Astoria, OR.......................  One day in July...................  46[deg]11'44'' N.......  123[deg]48'25'' W.
 Fireworks.
Waterfront Blues Festival       Portland, OR......................  One day in July...................  45[deg]30'42'' N.......  122[deg]40'14'' W.
 Fireworks.
Oregon Symphony Concert         Portland, OR......................  One day in August or September....  45[deg]30'42'' N.......  122[deg]40'14'' W.
 Fireworks Display.
Florence Independence Day       Florence, OR......................  One day in July...................  43[deg]58'09'' N.......  124[deg]05'50'' W.
 Celebration.
Oaks Park Association.........  Portland, OR......................  One day in July...................  45[deg]28'22'' N.......  122[deg]39'59'' W.
City of Rainier/Rainier Days..  Rainier, OR.......................  One day in July...................  46[deg]05'46'' N.......  122[deg]56'18'' W.
Ilwaco July 4th Committee       Ilwaco, OR........................  One day in July...................  46[deg]18'17'' N.......  124[deg]02'00'' W.
 Fireworks/Independence Day at
 the Port.
Celebrate Milwaukie...........  Milwaukie, OR.....................  One day in July...................  45[deg]26'33'' N.......  122[deg]38'44'' W.
Splash Aberdeen Waterfront      Aberdeen, WA......................  One day in July...................  46[deg]58'40'' N.......  123[deg]47'45'' W.
 Festival.
City of Coos Bay July 4th       Coos Bay, OR......................  One day in July...................  43[deg]22'06'' N.......  124[deg]12'24'' W.
 Celebration/Fireworks Over
 the Bay.
Arlington 4th of July.........  Arlington, OR.....................  One day in July...................  45[deg]43'23'' N.......  120[deg]12'11'' W.
East County 4th of July         Gresham, OR.......................  One day in July...................  45[deg]33'32'' N.......  122[deg]27'10'' W.
 Fireworks.
Port of Cascade Locks 4th of    Cascade Locks, OR.................  One day in July...................  45[deg]40'15'' N.......  121[deg]53'43'' W.
 July Fireworks Display.
Washougal 4th of July.........  Washougal, WA.....................  One day in July...................  45[deg]34'32'' N.......  122[deg]22'53'' W.
Astoria Regatta...............  Astoria, OR.......................  One day in August.................  46[deg]11'44'' N.......  123[deg]48'25'' W.
City of St. Helens 4th of July  St. Helens, OR....................  One day in July...................  45[deg]51'54'' N.......  122[deg]47'26'' W.
 Fireworks Display.
Waverly Country Club 4th of     Milwaukie, OR.....................  One day in July...................  45[deg]27'03'' N.......  122[deg]39'18'' W.
 July Fireworks Display.

Booming Bay Fireworks.........  Westport, WA......................  One day in July...................  46[deg]54'14'' N.......  124[deg]06'08'' W.
Hood River 4th of July........  Hood River, OR....................  One day in July...................  45[deg]42'58'' N.......  121[deg]30'32'' W.
Rufus 4th of July Fireworks...  Rufus, OR.........................  One day in July...................  45[deg]41'39'' N.......  120[deg]45'16'' W.
Newport High School Graduation  Newport, OR.......................  One day in June...................  44[deg]36'48'' N.......  124[deg]04'10'' W.
 Fireworks Display.
Willamette Falls Heritage       Oregon City, OR...................  One day in October................  45[deg]21'44'' N.......  122[deg]36'21'' W.
 Festival.
Winchester Bay 4th of July      Winchester Bay, OR................  One day in July...................  43[deg]40'56'' N.......  124[deg]11'13'' W.
 Fireworks Display.
Brookings, OR July 4th          Brookings, OR.....................  One day in July...................  42[deg]02'39'' N.......  124[deg]16'14'' W.
 Fireworks Display.
Maritime Heritage Festival....  St. Helens, OR....................  One day in July...................  45[deg]51'54'' N.......  122[deg]47'26'' W.
Lynch Picnic..................  West Linn, OR.....................  One day in July...................  45[deg]23'37'' N.......  122[deg]37'52'' W.
Yachats 4th of July...........  Yachats, OR.......................  One day in July...................  44[deg]18'38'' N.......  124[deg]06'27'' W.
Lincoln City 4th of July......  Lincoln City, OR..................  One day in July...................  44[deg]55'28'' N.......  124[deg]01'31'' W.
July 4th Party at the Port of   Gold Beach, OR....................  One day in July...................  42[deg]25'30'' N.......  124[deg]25'03'' W.
 Gold Beach.
Gardiner 4th of July..........  Gardiner, OR......................  One day in July...................  43[deg]43'55'' N.......  124[deg]06'48'' W.
Huntington 4th of July........  Huntington, OR....................  One day in July...................  44[deg]18'02'' N.......  117[deg]13'33'' W.
Toledo Summer Festival........  Toledo, OR........................  One day in July...................  44[deg]37'08'' N.......  123[deg]56'24'' W.
Port Orford 4th of July.......  Port Orford, OR...................  One day in July...................  42[deg]44'31'' N.......  124[deg]29'30'' W.
The Dalles Area Chamber of      The Dalles, OR....................  One day in July...................  45[deg]36'18'' N.......  121[deg]10'23'' W.
 Commerce Fourth of July.
Roseburg Hometown 4th of July.  Roseburg, OR......................  One day in July...................  43[deg]12'58'' N.......  123[deg]22'10'' W.
Newport 4th of July...........  Newport, OR.......................  One day in July...................  44[deg]37'40'' N.......  124[deg]02'45'' W.
First Friday Milwaukie........  Milwaukie, OR.....................  One day in September..............  45[deg]26'33'' N.......  122[deg]38'44'' W.
The Mill Casino Independence    North Bend, OR....................  One day in July...................  43[deg]23'42'' N.......  124[deg]12'55'' W.
 Day.
Waldport 4th of July..........  Waldport, OR......................  One day in July...................  44[deg]25'31'' N.......  124[deg]04'44'' W.
Westport 100th Anniversary....  Westport, WA......................  One day in June...................  46[deg]54'17'' N.......  124[deg]05'59'' W.
Westport 4th of July..........  Westport, WA......................  One day in July...................  46[deg]54'17'' N.......  124[deg]05'59'' W.
The 4th of July at Pekin Ferry  Ridgefield, WA....................  One day in July...................  45[deg]52'07'' N.......  122[deg]43'53'' W.
Leukemia and Lymphoma Light     Portland, OR......................  One day in October................  45[deg]31'14'' N.......  122[deg]40'06'' W.
 the Night Fireworks Display.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Special requirements. Fireworks barges or launch sites on land
used in locations stated in this rule shall display a sign. The sign
will be affixed to the port and starboard side of the barge or mounted
on a post 3 feet above ground level when on land and in close proximity
to the shoreline facing the water labeled ``FIREWORKS-DANGER-STAY
AWAY.'' This will provide on-scene notice that the safety zone is, or
will, be enforced on that day. This notice will consist of a diamond
shaped sign, 4 foot by 4 foot, with a 3 inch orange retro-reflective
border. The word ``DANGER'' shall be 10 inch black block letters
centered on the sign with the words ``FIREWORKS'' and ``STAY AWAY'' in
6 inch black block letters placed above and below the word ``DANGER''
respectively on a white background. An on-scene patrol vessel may
enforce these safety zones at least 1 hour prior to the start and 1
hour after the conclusion of the fireworks display.
    (c) Notice of enforcement. These safety zones will be activated and
thus subject to enforcement, under the following conditions: the Coast
Guard must receive an Application for Marine Event for each fireworks
display; and, the Captain of the Port will cause notice of the
enforcement of these safety zones to be made by all appropriate means
to provide notice to the affected segments of the public as
practicable, in accordance with 33 CFR 165.7(a). The Captain of the
Port will issue a Local Notice to Mariners notifying the public of
activation and suspension of enforcement of these safety zones.
Additionally, an on-scene Patrol Commander may be appointed to enforce
the safety zones by limiting the transit of non-participating vessels
in the designated areas described above.
    (d) Enforcement period. This rule will be enforced at least one
hour before and one hour after the duration of the event each day a
barge or launch site with a ``FIREWORKS-DANGER-STAY AWAY'' sign is
located within any of the above designated safety zone locations and
meets the criteria established in paragraphs (a), (b), and (c).
    (e) Regulations. In accordance with the general regulations in 33
CFR part 165, subpart C, no person may enter or remain in the safety
zone created in this section or bring, cause to be brought, or allow to
remain in the safety zone created in this section any vehicle, vessel,
or object unless authorized by the Captain of the Port or his
designated representative. The Captain of the Port may be assisted by
other Federal, State, or local agencies with the enforcement of the
safety zone.
    (f) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia River
Command Center via telephone at<PHONE_NUMBER>.

    Dated: May 1, 2015.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2015-12635 Filed 5-22-15; 8:45 am]
 BILLING CODE 9110-04-P