[Federal Register: May 27, 2010 (Volume 75, Number 102)]
[Notices]
[Page 29752-29753]
[DOCID:fr27my10-50]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2009-0403; FRL-9155-8]

Agency Information Collection Activities; Submission to OMB for
Review and Approval; Comment Request; NESHAP for Metal Can
Manufacturing Surface Coating (Renewal), EPA ICR Number 2079.04, OMB
Control Number 2060-0541

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that an Information Collection
Request (ICR) has been forwarded to the Office of Management and Budget
(OMB) for review and approval. This is a request to renew an existing
approved collection. The ICR which is abstracted below describes the
nature of the collection and the estimated burden and cost.

DATES: Additional comments may be submitted on or before June 28, 2010.

ADDRESSES: Submit your comments, referencing docket ID number EPA-HQ-
OECA-2009-0403, to (1) EPA online using http://www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center (EPA/DC), Environmental Protection Agency,
Enforcement and Compliance Docket and Information Center, mail code
28221T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, and (2)
OMB at: Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Robert C. Marshall, Jr., Office of
Compliance, Mail Code: 2223A, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
564-7021; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB
for review and approval according to the procedures prescribed in 5 CFR
1320.12. On July 8, 2009 (74 FR 32583), EPA sought comments on this ICR
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional
comments on this ICR should be submitted to EPA and OMB within 30 days
of this notice.
    EPA has established a public docket for this ICR under docket ID
number EPA-HQ-OECA-2009-0403, which is available for public viewing
online at http://www.regulations.gov, in person viewing at the
Enforcement and Compliance Docket in the EPA Docket Center (EPA/DC),
EPA West, Room 3334, 1301 Constitution Avenue, NW., Washington, DC. The
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is<PHONE_NUMBER>, and the telephone number
for the Enforcement and Compliance Docket is<PHONE_NUMBER>.
    Use EPA's electronic docket and comment system at http://
www.regulations.gov, to submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the docket that are available electronically. Once in the
system, select ``docket search,'' then key in the docket ID number
identified above. Please note that EPA's policy is that public
comments, whether submitted electronically or in paper, will be made
available for public viewing at http://www.regulations.gov, as EPA
receives them and without change, unless the comment contains
copyrighted material, Confidential Business Information (CBI), or other
information whose public disclosure is restricted by statute. For
further information about the electronic docket, go to http://
www.regulations.gov.
    Title: NESHAP for Metal Can Manufacturing Surface Coating
(Renewal).
    ICR Numbers: EPA ICR Number 2079.04, OMB Control Number 2060-0541.
    ICR Status: This ICR is scheduled to expire on July 31, 2010. Under
OMB regulations, the Agency may continue to conduct or sponsor the
collection of information while this submission is pending at OMB. 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 title 40 of the CFR, after appearing in the Federal Register when
approved, are listed in 40 CFR part 9, and displayed either by
publication in the Federal Register or by other appropriate means, such
as on the related collection instrument or form, if applicable. The
display of OMB control numbers in certain EPA regulations is
consolidated in 40 CFR part 9.
    Abstract: The affected entities are subject to the General
Provisions of the NESHAP for Metal Can Manufacturing Surface Coating at
40 CFR part 63,

subpart A, and any changes, or additions, to the Provisions specified
at 40 CFR part 63, subpart KKKK.
    Owners or operators of the affected facilities must submit a one-
time-only report of any physical or operational changes, initial
performance tests, and periodic reports and results. Owners or
operators are also required to maintain records of the occurrence and
duration of any startup, shutdown, or malfunction in the operation of
an affected facility, or any period during which the monitoring system
is inoperative. Reports, at a minimum, are required semiannually.
    Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 91
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 which have subsequently changed; 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.
    Respondents/Affected Entities: Metal can manufacturing surface
coating.
    Estimated Number of Respondents: 71.
    Frequency of Response: Initially, occasionally, and semiannually.
    Estimated Total Annual Hour Burden: 27,517.
    Estimated Total Annual Cost: $2,687,973, which includes $2,602,773
in labor costs, no capital/startup costs, and $85,200 in operation and
maintenance (O&M) costs.
    Changes in the Estimates: There is no change in the labor hours in
this ICR compared to the previous ICR. This is due to two
considerations: (1) The regulations have not changed over the past
three years and are not anticipated to change over the next three
years; and (2) the growth rate for the respondents is very low,
negative or non-existent. Therefore, the labor hours in the previous
ICR reflect the current burden to the respondents and are reiterated in
this ICR.
    There is an increase in both respondent and Agency costs due to
labor rate increases from 2003 to the most recently available rates.

    Dated: May 21, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-12767 Filed 5-26-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 6, 2008 (Volume 73, Number 88)]
[Proposed Rules]
[Page 24904-24906]
[DOCID:fr06my08-28]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0092]
RIN 1625-AA00

Safety Zone; Ybor Summer Weekly Fireworks--Ybor Turning Basin,
Tampa Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of Ybor Turning Basin, Tampa Bay, Florida. This rule is
necessary to protect participants and spectators from the hazards
associated with launching fireworks over the navigable waters of the
United States. No person or vessel may anchor, moor, or transit the
Regulated Area without permission of the Captain of the Port St.
Petersburg, Florida.

DATES: Comments and related material must reach the Coast Guard on or
before June 5, 2008

ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-0092 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: 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.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is<PHONE_NUMBER>.
    (4) Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call BM1 Charles Voss at Coast Guard Sector St. Petersburg, (813)
228-2191 Ext 8307. If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-0092), indicate the specific section of this
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name and a mailing address,
an e-mail address, or a phone number in the body of your document so
that we can contact you if we have questions regarding your submission.
You may submit your comments and material by electronic means, mail,
fax, or delivery to the Docket Management Facility at the address under
ADDRESSES; but please submit your comments and material by only one
means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time. Enter the docket number for this rulemaking (USCG-2008-0092)
in the Search box, and click ``Go >>.'' You may also visit either the
Docket Management Facility in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue, SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays; or the Coast Guard Sector St. Petersburg, Prevention
Department, 155 Columbia Drive, Tampa, Florida 33606-3598 between 7:30
a.m. and 3:30 p.m., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one to the Docket Management Facility at the address under
ADDRESSES explaining why one would be beneficial. If we determine that
one would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Background and Purpose

    Downtown Tampa Attractions Association is sponsoring weekly summer
fireworks displays at Channelside in Tampa, FL. The Fireworks display
will be launched from a barge located within the Ybor Turning Basin
beginning on the Sunday prior to Memorial Day, every Friday from June
6th until the last Friday of August, and concluding on the Sunday prior
to Labor Day. The fireworks event is scheduled to commence at 9 p.m.
local and will last approximately fifteen minutes. This proposed rule
is needed to protect participant and spectator craft in the vicinity of
the fireworks presentation from the hazards associated with the
launching of fireworks. This safety zone is being established to ensure
safety of life during the fireworks display.

Discussion of Proposed Rule

    The proposed safety zone will encompass the following: All waters

from surface to bottom, within a 350-foot radius around the fireworks
barge, within the Ybor Turning Basin, located in approximate position:
27[deg]56'29'' N, 082[deg] 26' 43'' W. Vessels would be prohibited from
anchoring, mooring, or transiting within the safety zone, unless
authorized by the Captain of the Port St. Petersburg or a designated
representative. The safety zone will be effective from 8:30 p.m.
through 9:45 p.m. on May 25, August 31, and every Friday from June 6
through August 29, 2008. The safety zone will commence approximately
thirty minutes prior to the transit of the fireworks barge from Gulf
Marine to the Ybor Turning Basin. This thirty minute period will enable
Coast Guard and/or local law enforcement vessels to conduct a sweep of
the zone to ensure that it is clear prior to the transit of the barge.
The zone will be effective during the transit of the barge to the
turning basin during the fireworks display and will conclude when the
barge is moored at Gulf Marine. An additional thirty minute period has
been added to account for possible delays of the fireworks display.

Regulatory Evaluation

    This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    The rule will only be effective for one hour and fifteen minutes
during a time when vessel traffic is expected to be minimal. Moreover,
vessels may still enter the safety zone with the express permission of
the Captain of the port Sector St. Petersburg or a designated
representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This rule may affect the following entities,
some of which may be small entities: the owners or operators of vessels
intending to transit Ybor Turning Basin. This safety zone will not have
a significant economic impact on a substantial number of small entities
for the following reasons: this rule will be enforced for a limited
time when marine traffic is expected to be minimal; additionally
traffic will be allowed to enter the zone with the permission of the
Captain of the Port Sector St. Petersburg or his designated
representative.
    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.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. 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 office listed under FOR
FURTHER INFORMATION CONTACT. 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.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

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 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.

Taking of Private Property

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

Civil Justice Reform

    This proposed 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.

Protection of Children

    We have analyzed this proposed 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.

Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides 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 not likely to
have a significant effect on the human environment. Therefore, we
believe that this rule should be categorically excluded, under figure
2-1, paragraph (34) (g) of the Instruction, from further environmental
documentation. A preliminary ``Environmental Analysis Check List'' is
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
Recordkeeping Requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L. 107-
295, 116 Stat. 2064; Department of Homeland Security Delegation No.
0170.1.

    2. A new temporary section 165.T08-0092 is added to read as
follows:

Sec.  165.T08-0092  Safety Zone; Ybor Summer Weekly Fireworks--Ybor
Turning Basin, Tampa Bay, Florida.

    (a) Regulated area. The Coast Guard is establishing a temporary
safety zone on the waters of Tampa Bay, Florida in the Ybor Turning
Basin, that includes all the waters from surface to bottom, within a
350 foot radius of the fireworks barge located in approximate position:
27[deg]56'29'' N, 082[deg]26'43'' W. All coordinates referenced use
datum: NAD 83.
    (b) Definitions. The following definitions apply to this section:
    Designated representative means Coast Guard Patrol Commanders
including Coast Guard coxswains, petty officers, and other officers
operating Coast Guard vessels, and Federal, state, and local officers
designated by or assisting the Captain of the Port (COTP), St.
Petersburg, Florida, in the enforcement of regulated navigation areas
and safety and security zones.
    (c) Regulations. In accordance with the general regulations in
Sec.  165.23 of this part, no person or vessel may anchor, moor, or
transit the Regulated Area without permission of the Captain of the
Port St. Petersburg, Florida, or his designated representative. The
Coast Guard will issue broadcast notice to mariners to advise mariners
of this rule.
    (d) Effective Period. This rule will be effective during the
fireworks demonstrations which will take place from 8:30 p.m. through
9:45 p.m. on May 25, August 31, and every Friday from June 6 through
August 29, 2008. A designated representative will be on-scene while the
zone is enforced.
    (e) Dates. This rule is in effect from 8:30 p.m. on May 25 through
9:45 p.m. on August 31, 2008.

    Dated: March 25, 2008.
J.A. Servidio,
Captain, U.S. Coast Guard, Captain of the Port, St. Petersburg,
Florida.
[FR Doc. E8-10002 Filed 5-5-08; 8:45 am]

BILLING CODE 4910-15-P


[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 57896-57897]
[FR Doc No: 2016-20283]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2785-092]

Boyce Hydro Power, LLC; Notice of Application Accepted for Filing
and Soliciting Comments, Motions To Intervene, and Protests

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a.Application Type: Recreation Plan.
    b.Project No: 2785-092.
    c.Date Filed: August 16, 2016, as supplemented August 17, 2016.
    d.Applicant: Boyce Hydro Power, LLC.
    e.Name of Project: Sandford Water Power Project.
    f.Location: The project is located on the Tittabawssee River in
Midland County, Michigan.
    g.Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.

    h.Applicant Contact: Frank Christie, General Manager, Boyce Hydro
Power, LLC, 6000 S. M-30, P.O. Box 15, Edenville, MI 48620, (989) 689-
3161.
    i.FERC Contact: Mr. Mark Pawlowski,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    j. Deadline for filing comments, motions to intervene, and
protests: September 2, 2016.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, and protests using the Commission's
eFiling system at http://www.ferc.gov/docs-filing/efiling.asp.
Commenters can submit brief comments up to 6,000 characters, without
prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact
information at the end of your comments. For assistance, please contact
FERC Online Support at<EMAIL_ADDRESS>(866) 208-3676 (toll
free), or<PHONE_NUMBER> (TTY). In lieu of electronic filing, please
send a paper copy to: Secretary, Federal Energy Regulatory Commission,
888 First Street NE., Washington, DC 20426. The first page of any
filing should include docket number P-2785-092.
    The Commission's Rules of Practice and Procedure require all
intervenors filing documents with the Commission to serve a copy of
that document on each person whose name appears on the official service
list for the project. Further, if an intervenor files comments or
documents with the Commission relating to the merits of an issue that
may affect the responsibilities of a particular resource agency, they
must also serve a copy of the document on that resource agency.
    k.Description of Request: The licensee filed a request for
Commission approval of a temporary variance of the reservoir water
surface elevation of the Sanford Water Power Project required by
article 411 of the project's license. To facilitate repair of the
Edenville dam spillway located upstream of Sandford dam, the licensee
requests to draw down the Sandford reservoir 3 feet to its winter
elevation of 622 feet National Geodetic Vertical Datum (NGVD) beginning
September 15, 2016. Because the licensee does not anticipate completing
the work by November 15, the licensee would not return to reservoir to
its normal water surface elevation of 625 feet NGVD until just prior to
the surface water temperature of the reservoir reaching 39 degrees
Fahrenheit as required by article 411 of the license
    l.Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call 1-866-208-3676 or email
<EMAIL_ADDRESS>for TTY, call<PHONE_NUMBER>. A copy is
also available for inspection and reproduction at the address in item
(h) above. Agencies may obtain copies of the application directly from
the applicant.
    m. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    n. Comments, Protests, or Motions To Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210,
385.211, and 385.214, respectively. In determining the appropriate
action to take, the Commission will consider all protests or other
comments filed, but only those who file a motion to intervene in
accordance with the Commission's Rules may become a party to the
proceeding. Any comments, protests, or motions to intervene must be
received on or before the specified comment date for the particular
application.
    o.Filing and Service of Documents: Any filing must (1) bear in all
capital letters the title ``COMMENTS'', ``PROTEST'', or ``MOTION TO
INTERVENE'' as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person commenting, protesting or intervening; and (4) otherwise comply
with the requirements of 18 CFR 385.2001 through 385.2005. All
comments, motions to intervene, or protests must set forth their
evidentiary basis. Any filing made by an intervenor must be accompanied
by proof of service on all persons listed in the service list prepared
by the Commission in this proceeding, in accordance with 18 CFR
385.2010.

    Dated: August 18, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-20283 Filed 8-23-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 158 (Thursday, August 17, 2023)]
[Rules and Regulations]
[Pages 55915-55917]
[FR Doc No: 2023-17701]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0649]
RIN 1625-AA00

Safety Zone; Ohio River, Mile Markers 317 to 317.5, Catlettsburg,
KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the City of Catlettsburg Labor Day Fireworks Display occurring on
September 1, 2023, on the Ohio River, Catlettsburg, KY. The safety zone
will cover all navigable waters between mile marker 317 and 317.5 to
protect personnel, vessels, and the marine environment from potential
hazards associated with a fireworks event. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port Sector Ohio Valley (COTP) or a designated
representative.

DATES: This rule is effective from 8 p.m. through 9 p.m. on September
1, 2023.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0649 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Chelsea Zimmerman, Marine Safety Unit
Huntington, U.S. Coast Guard, telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because publishing an NPRM would be
impracticable. A safety zone is needed to alleviate safety concerns
associated with a fireworks display. It is impracticable to publish an
NPRM because we must establish this safety zone by September 1, 2023,
and lack sufficient time to provide a reasonable comment period and
then consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be impracticable and contrary to the public interest
because we must establish the safety zone by September 1, 2023, in
order to protect personnel, vessels, and the marine environment from
the potential safety hazards associated with a fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that safety needs associated with the City of Catlettsburg Labor Day
Fireworks Display on September 1, 2023, present a safety concern. The
purpose of this rulemaking is to ensure the safety of the public
surrounding regulated area before, during, and after the fireworks
event.

IV. Discussion of the Rule

    This rule establishes a safety zone that will be enforced from 8
p.m. until 9 p.m. on September 1, 2023. The safety zone will cover all
navigable waters between mile markers 317 to 317.5 on the Ohio River.
The duration of the zone is intended to protect personnel, vessels, and
the marine environment in these navigable waters during the fireworks
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. A designated representative means a Coast Guard Patrol
Commander, including a Coast Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel and a Federal, State, and local
officer designated by or assisting the Captain of the Port Sector Ohio
Valley (COTP) in the enforcement of the safety zone.
    Persons or vessels seeking to enter the safety zone must request
permission from the COTP on VHF-FM channel 16 or by telephone at 1-502-
779-5424. If permission is granted, all persons and vessels shall
comply with the instructions of the COTP or designated representative.
    The COTP or a designated representative will inform the public of
the enforcement times and date for this safety zone through Broadcast
Notices to Mariners, Local Notices to Mariners, and/or Safety Marine
Information Broadcasts as appropriate.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the regulated area. This rule is
limited to the Ohio River from mile 317 to 317.5 on September 1, 2023,
and will be enforced only for a one-hour duration. Moreover, the Coast
Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel
16 about the regulated area and the rule allows vessels to seek
permission to enter the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions

concerning its provisions or options for compliance, please call or
email the person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01, Rev. 1, associated implementing instructions, and
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast
Guard in complying with the National Environmental Policy Act of 1969
(42 U.S.C. 4321-4370f), and have determined that this action is one of
a category of actions that do not individually or cumulatively have a
significant effect on the human environment. This rule involves
establishing a temporary safety zone lasting only one hour on the Ohio
River at mile 317 to 317.5 on September 1, 2023. It is categorically
excluded from further review under paragraph L60(a) of Appendix A,
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T08-0649 to read as follows:

Sec.  165.T08-0649  Safety Zone; Ohio River, Mile Markers 317 to 317.5,
Catlettsburg, KY.

    (a) Location. The following area is a safety zone: all navigable
waters of the Ohio River from mile marker 317 to mile marker 317.5,
extending the entire width of the river.
    (b) Definitions. Designated representative means a Coast Guard
Patrol Commander (PATCOM), including a Coast Guard coxswain, petty
officer, or other officer operating a Coast Guard vessel and a Federal,
State, and local officer designated by or assisting the Captain of the
Port Ohio Valley (COTP) in the enforcement of the regulations in this
section.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative. The Coast Guard may patrol the event
area under the direction of a designated Coast Guard Patrol Commander.
    (2) To seek permission to enter, the COTP or the COTP's
representative may be contacted on Channel 16 VHF-FM (156.8 MHz) by the
call sign ``PATCOM'', or phone at 1-502-779-5424. Those in the safety
zone must comply with all lawful orders or directions given to them by
the COTP or the COTP's designated representative.
    (3) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
    (4) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
    (5) The COTP will provide notice of the regulated area through
advanced notice via local notice to mariners and broadcast notice to
mariners and by on-scene designated representatives.
    (d) Enforcement period. This section will be enforced from 8 p.m.
to 9 p.m. on September 1, 2023.

    Dated: August 12, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2023-17701 Filed 8-16-23; 8:45 am]
BILLING CODE 9110-04-P