[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Notices]
[Pages 16720-16723]
[FR Doc No: 2015-07161]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2013-0058]

Model Specifications for Breath Alcohol Ignition Interlock
Devices (BAIIDs)

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Technical corrections; proposed changes and request for
comments.

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SUMMARY: NHTSA published a notice in the Federal Register on May 8,
2013, (78 FR 26849; NHTSA Docket 2013-0058) that revised the Model
Specifications for Breath Alcohol Ignition Interlock Devices (BAIIDs).
The text of the notice contained some typographical and technical
errors. This document describes and corrects those errors. This notice
also proposes some additional changes to the BAIID Model Specifications
and requests comments on the proposed changes.

DATES: The technical corrections contained in this notice are effective
on March 30, 2015. Regarding the proposed changes contained in this
notice, written comments may be submitted to this agency and must be
received no later than April 29, 2015.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
NHTSA-2013-0058 by any of the following methods:
     Electronic submissions: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     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.
     Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Eastern Time, Monday through Friday, except Federal
holidays. Regardless of how you submit your comments, you should
identify the Docket number of this document.
    Instructions: For detailed instructions on submitting comments and
additional information, see http://www.regulations.gov. Note that all
comments received will be posted without change to http://www.regulations.gov, including any personal information provided.
Please see the ``Privacy Act'' heading below.
    Privacy Act: Anyone is able to 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
complete User Notice and Privacy Notice for Reglations.gov at http://www.regulations.gov/search/footer/privacyanduse.jsp.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov at any time or
visit the West Building, Ground Floor, Room W12-140, 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Eastern Time,
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
For technical issues: Ms. De Carlo Ciccel, Behavioral Research
Division, NTI-131, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590; Telephone number: (202)
366-1694; Email<EMAIL_ADDRESS>For legal issues: Ms. Jin Kim, Attorney-Advisor, Office of the Chief
Counsel, NCC-113, National Highway Traffic Safety Administration, 1200
New Jersey Avenue SE., Washington, DC 20590; Telephone number: (202)
366-1834; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: NHTSA published a notice in the Federal
Register on May 8, 2013, (78 FR 26849; NHTSA Docket 2013-0058) that
revised the Model Specifications for Breath Alcohol Ignition Interlock
Devices (BAIIDs).
    The notice that was published on May 8, 2013, went into effect one
year later, on May 8, 2014. As explained in the 2013 notice, NHTSA
considered whether it should evaluate ignition interlocks against the
Model Specifications and publish a conforming products list (CPL) of
devices that meet the specifications. For reasons described in some
detail in the 2013 notice, NHTSA explained that it would delay

rendering a decision about the feasibility and timing of a CPL until
more information is available. NHTSA stated, in the notice, that it
planned to conduct an assessment to determine whether establishing and
maintaining a CPL is feasible, prior to making a decision.
    Following publication of the 2013 notice, NHTSA initiated such an
assessment. During the course of the assessment, NHTSA identified some
aspects of the Model Specifications that may warrant clarification and/
or modification. In addition, the agency received written
communications from a number of organizations, including interlock
providers, a testing laboratory, the Association of Ignition Interlock
Program Administrators (AIIPA) and others, which brought some
typographical and technical errors to the agency's attention and/or
sought clarification regarding some elements of the Model
Specifications. These written communications and our responses have
been placed in our public docket (NHTSA-2013-0058).
    This notice describes and corrects the technical errors. These
technical corrections will take effect immediately. This notice also
proposes some revisions to the Model Specifications and requests
comments on the proposed changes.

A. Technical Corrections (Which Will Take Effect Immediately)

    The following changes are considered by the agency to be technical
corrections. They will take effect immediately upon publication of this
notice in the Federal Register.

Test 9. Tampering and Circumvention--e. Cooled 0.032 BrAC Sample

    In the Federal Register notice published on May 8, 2013, Test 9e in
the Model Specifications indicated that a .032 sample should be
``cooled to ice temperature''.
    This notice inserts the word ``water'' and the parenthetical
``(0[deg]C/32[deg]F)'' to clarify that the sample should be ``cooled to
ice water temperature,'' which is 0[deg]C (32[deg]F).

Test 11. Altitude

    In the Federal Register notice published on May 8, 2013, Test 11 in
the Model Specifications was entitled ``High Altitude'' (78 FR 26865).
However, it covers tests for both high altitude (low pressure) and low
altitude (high pressure) conditions.
    This notice corrects the title for the test to read, ``Altitude.''
The tests themselves have not been changed.

Test 16. Data Integrity and Format

    In the Federal Register notice published on May 8, 2013, there was
a reference under Test 16 to Appendix D (78 FR 26866). This was a
typographical error. There were only two appendices to that notice,
Appendix A and Appendix B.
    This notice corrects that reference to Appendix B.

B. Proposed Changes (About Which We Request Comments)

    The following changes are being proposed by the agency. The agency
requests comments on these proposed changes.

Test 8. Retest

    Test 8 of the Model Specifications include a series of tests to
simulate the BAIID functions that must operate in connection with
retests once the vehicle has been started, including an indication to
the driver that a retest must be taken. Two commenters requested
clarification regarding this test. Specifically, their questions
related to provisions requiring that the BAIID ``indicate the need for
a service call'' and stating that ``the BAIID must not allow the
vehicle to start without a service call.''
    As provided in Test 8 of the Model Specifications, a failed retest
must trigger an alert to the driver and be flagged (recorded) on the
interlock data logger. A missed retest also must be flagged (recorded)
on the data logger. Conformance will require verification that alerts
were made and that these events were recorded on the data logger.
    In the Federal Register notice published on May 8, 2013, NHTSA
expressed agreement with comments received that some decisions are
programmatic in nature and should not be included in the Model
Specifications. The Model Specifications are intended to apply to the
performance of BAIID units, not the manner in which State and local
jurisdictions conduct their programs (78 FR 26851). Consistent with
this sentiment, NHTSA had intended to remove certain references,
including those providing for the need for a service call in Test 8,
but the agency inadvertently left them in this subsection.
    This notice proposes to correct the third sentence, in the first
paragraph under Test 8b (78 FR 26864), which currently reads: ``The
BAIID must treat this test as a failed retest and prominently indicate
the need for a service call.'' This notice proposes to revise this
sentence as follows: ``The BAIID must treat this test as a failed
retest and prominently alert the driver.''

Test 9. Tampering and Circumvention

    One request for clarification related to elements of Test 9 in the
Model Specifications, which test a BAIIDs ability to prevent tampering
and circumvention.
d. Warmed Air Sample
    The commenter asserted that ``a 12 oz Styrofoam coffee cup with a
plastic lid can never get enough pressure. It would be better to mirror
CNRC version of 0.5L PLASTIC cup with a lid.''
    The purpose of Test 9d is to determine whether a warmed air sample
(not from a person) can be pumped into a BAIID and cause an interlock-
equipped vehicle to start. In the Federal Register notice published on
May 8, 2013, NHTSA specified that a ``foam coffee cup'' with a
``plastic lid'' be used (78 FR 26864). However, the properties of the
cup and lid are more important than the materials they are made from.
    This notice proposes to clarify that the cup must be insulated, but
it need not be constructed of Styrofoam; and that the lid must be
secure, but it need not be constructed of plastic. This notice proposes
to change the first sentence of the instructions for this test by
providing, ``Prepare a 12-ounce insulated cup, fitted with a bubble
tube inlet and a vent tube (rubber or tygon tubing), attached through a
secure lid.''
f. Filtered 0.032 BrAC Sample
    The commenter asserted that ``The paper tube called for does not
work. You can typically not build up enough pressure in the paper tube
to trigger a sample at all, meaning the test is very easy to pass. If
it were changed to any readily available material, it would be more
effective to testing for the ability of the filtering material itself
to filter out the alcohol and not just the fact that there is not
enough pressure.''
    In the Federal Register notice published on May 8, 2013, Test 9f in
the Model Specifications provided, ``Prepare a 1 to 2 inch diameter 3
to 5 inches long paper tube loosely packed with an active absorbent
material . . . [and using] cotton plugs to retain the absorbent
[material] in the paper tube.'' (78 FR 26864)
    The purpose of this test is to determine whether an interlock-
equipped vehicle would start if a person with alcohol in their system
were to blow an air sample through a filter. NHTSA believes that using
``a 1 to 2 inch diameter 3 to 5 inches long paper tube loosely packed
with an active absorbent material . . . [and using] cotton plugs to
retain the absorbent [material] in the paper tube'', as

described in the Model Specifications, will permit a sufficient test
under this section. To clarify, a cardboard tube can be used in lieu of
thinner paper goods, and absorbent material can include charcoal, kitty
litter or other materials that are readily available. Moreover, this
test is not designed to determine the ability of any particular
material to filter alcohol from an air sample. Rather, it is a test of
the BAIID's ability to detect whether an air sample containing alcohol
has been filtered to remove the alcohol.
    Accordingly, this notice proposes to provide additional flexibility
in the materials that may be used in conducting this test. It proposes
to provide instead, ``Prepare a 1 to 2 inch diameter 3 to 5 inches long
tube loosely packed with an active absorbent material. Use porous plugs
(such as cotton) to retain the absorbent material in the tube.''

Test 10. Restart of Stalled Motor Vehicle

    In the Federal Register notice published on May 8, 2013, Test 10 in
the Model Specifications stated that a restart without breath sample in
less than 3 minutes should allow the vehicle to start, but then it
stated, ``Attempt to restart the ignition without a breath sample
within 3 minutes . . . the vehicle must not start.'' (78 FR 26865) The
agency received comments, stating that these provisions appear
contradictory and are confusing.
    This notice proposes to correct the Model Specifications as
follows: ``Attempt to restart the engine without a breath sample in
less than 3 minutes--the vehicle must start. Turn off the engine.
Attempt to restart the engine without a breath sample 3 minutes or more
after turning off the engine--the vehicle must not start.'' If trying
to start the vehicle after 3 minutes, a breath sample would need to be
provided.

Test 14. Radiofrequency Interference/Electromagnetic Interference

    Test 14 of the Model Specifications is entitled ``Radiofrequency
Interference (RFI)/Electromagnetic Interference (EMI)''. It contains a
series of tests to evaluate BAIID for radiofrequency and
electromagnetic immunity and compatibility. These tests are based on
standards that are commonly used in the industry for motor vehicles and
motor vehicle equipment, including Society of Automotive Engineers
(SAE) Surface Vehicle Standard J1113 series, Required Function
Performance Status, as defined in Surface Vehicle Standard J113-1 for
Class C devices and the International Special Committee on Radio
Interference (CISPR), Subcommittee of International Electrotechnical
Committee (IEC), CISPR 25.
    In conducting its assessment of the RFI/EMI tests, NHTSA determined
that some aspects of Test 14 required correction and/or clarification.
This notice proposes a number of revisions to account for these issues.
a. Drive and Standby Modes
    The Model Specifications provide that Test 14 ``must be performed
while the BAIID is in the drive and standby modes.'' During our
assessment, we observed no differences between the RFI/EMC test results
obtained in standby (ready to blow) mode and the results obtained in
drive mode. Therefore, testing in Drive mode appears to be unnecessary.
For this reason, NHTSA proposes to revise the Model Specifications to
provide that Test 14 need only ``be performed in standby mode.''
b. Frequency Range of Tests 14c. and 14f
    The Model Specifications specifies the frequency range for some,
but not all, tests to be performed under Test 14. In particular, the
Model Specifications did not specify the frequency range for Test 14c
(J1113-4 2004-08 Conducted Immunity--Bulk Current Injection (BCI)
Method). Consistent with SAE Standards, this notice proposes to add
that Test 14c should be performed from 1 MHz to 400 MHz.
    Normally, the frequency ranges of Test 14c and Test 14f (J1113-21
2005-10 Immunity to Electromagnetic Fields) are run as companion tests.
Together, they cover the entire frequency range of a device being
tested. Accordingly, consistent with SAE Standards, this notice
proposes to revise the Model Specification to provide that Test 14f
should be performed from 400 MHz to 18 GHz. Combined with Test 14c, the
entire frequency range of 1 MHz to 18 GHz would be covered.
c. Clarification of Conditions Under Test 14d, Pulse 5
    The Model Specifications identified the final pulse under Test 14d
as Pulse 5, but this pulse should have been identified as Pulse 5a.
This notice proposes to make that correction. The parameters of the
test will remain unchanged. It should continue to be conducted at Level
1, with 87 volts. As before, to conform to the test, a BAIID must
achieve Status IV (no damage to function after disturbance is removed;
dealer action may be required to return the function to normal
operation after the disturbance is removed, e.g., battery reset).
    The agency encourages interested parties to carefully review this
notice and the proposed revisions to the Model Specifications that are
described herein, and to submit comments in the manner identified in
the Addresses above.

Techical Corrections to Text of Model Specifications

    For convenience and clarity, the full text of the Tests that are
corrected are included below.
    1. In the Federal Register of May 8, 2013, on page 26864, in column
3, Test 9e is corrected to read as follows:

Test 9. Tampering and Circumvention

* * * * *
    e. Cooled 0.032 BrAC sample. Attach a 4 foot long tygon tube of 3/8
inch inside diameter which has been cooled to ice water temperature (0
[deg]C/32 [deg]F) to the inlet of the BAIID, then test at 0.032 BrAC.
The vehicle must not start.
    2. In the Federal Register of May 8, 2013, on page 26865, in column
1, the title for Test 11 is corrected to read as follows:

Test 11. Altitude

    3. In the Federal Register of May 8, 2013, on page 26866, in column
1, Test 16 is corrected to read as follows:

Test 16. Data Integrity and Format

    Complete all other tests before performing Test 16. Download the
data from the interlock data logger and compare it to the data recorded
for each test. Disconnect, then reconnect the power to the interlock
data logger. Download the data again and compare it to the first data
download. No lost or corrupted data is allowed. Check the data format
(i.e., date and time of event) to verify conformance with the sample
format in Appendix B.

Proposed Changes to Text of Model Specifications

    1. NHTSA proposes to revise the Model Specifications published in
the Federal Register of May 8, 2013, on page 26864, in column 1, Test 8
to read as follows:

Test 8. Retest

    If a BAIID includes a feature designed to detect whether the
vehicle is moving, conduct Test 8 using a motor vehicle. If a BAIID
does not include a feature designed to detect whether the vehicle is
moving, conduct Test 8 using a motor vehicle or a bench test set-up
that simulates the relevant functions of a motor vehicle.
    a. Within an interval of 5 to 7 minutes after a vehicle
successfully starts, using

a 0.000 g/dL BrAC test sample, and while the engine is still running,
the BAIID must indicate that a second breath sample is required.
Conduct Test 1b five times. The BAIID must treat this test as a passed
retest all 5 times.
    b. Within an interval of 5 to 7 minutes after a vehicle
successfully starts, using a 0.000 g/dL BrAC test sample, and while the
engine is still running, the BAIID must indicate that a second breath
sample is required. Conduct Test 1c five times. The BAIID must treat
this test as a failed retest and prominently alert the driver.
    A failed retest must be identified as an alert condition and
flagged on the interlock data logger. A missed retest must be flagged
on the interlock data logger.
    2. NHTSA proposes to revise the Model Specifications published in
the Federal Register of May 8, 2013, on page 26864, in columns 2-3,
Test 9d and Test 9f to read as follows:

Test 9. Tampering and Circumvention

* * * * *
    d. Warmed air sample. Prepare a 12-ounce insulated cup fitted with
a bubble tube inlet and a vent tube (rubber or tygon tubing), attached
through a secure lid. Fill the cup with 8 ounces of water warmed to
36[deg]C and attach the lid. Attach the vent tube to the BAIID and pass
an air sample of at least 2 liters through the bubble tube into the
heated water and thence into the BAIID. The flow rate must not be high
enough to cause a mechanical transfer of water to the BAIID. The
vehicle must not start.
* * * * *
    f. Filtered 0.032 BrAC sample. Prepare a 1 to 2 inch diameter 3 to
5 inches long tube loosely packed with an active absorbent material.
Use porous plugs (such as cotton) to retain the absorbent material in
the tube. Pack the tube so that a person can easily blow 2 liters of
air through the assembly within 5 seconds. Test the absorbent by
passing a 2 liter 0.032 BrAC sample though the assembly within 5
seconds. If the air passing out of the BAIID is found to have a
concentration of 0.006 BrAC or less, prepare 5 tubes packed in the same
manner, fit separately to the BAIID and test at 0.032 BrAC. The vehicle
must not start.
* * * * *
    4. NHTSA proposes to revise the Model Specifications published in
the Federal Register of May 8, 2013, on page 26865, in column 1, Test
10 to read as follows:

Test 10. Restart of Stalled Motor Vehicle

    Conduct Test 10 using a motor vehicle.
    Using a 0.000 g/dL BrAC sample, turn on the engine. Turn off the
engine. Attempt to restart the ignition without a breath sample in less
than 3 minutes--the vehicle must start. Turn off the engine. Attempt to
restart the engine without a breath sample 3 minutes or more after
turning off the engine--the vehicle must not start. Conduct Test 10
five times.
    5. NHTSA proposes to revise Test 14 of the Model Specifications
published in the Federal Register of May 8, 2013, beginning on page
26865, in column 1, to read as follows:

Test 14. Radiofrequency Interference (RFI)/Electromagnetic Interference
(EMI)

    The Society of Automotive Engineers (SAE) Surface Vehicle Standard
J1113 series, Required Function Performance Status, as defined in
Surface Vehicle Standard J1113-1 for Class C devices (devices essential
to the operation or control of the vehicle), and the International
Special Committee on Radio Interference (CISPR), Subcommittee of
International Electrotechnical Committee (IEC), specifically CISPR 25,
will be used to evaluate BAIID electromagnetic immunity and
compatibility. The test severity levels are specified below. The tests
must be performed while the BAIID is in standby mode.
* * * * *
    c. J1113-4 2004-08 Conducted immunity, 1 MHz to 400 MHz--Bulk
Current Injection (BCI) Method.

------------------------------------------------------------------------
                                     Severity  (volts,
              Level                    peak to peak)          Status
------------------------------------------------------------------------
1................................  25 to 60.............  I
2................................  60 to 80.............  II
3................................  80 to 100............  III
4................................  100..................  IV
------------------------------------------------------------------------

    d. J1113-11 2007-06 Immunity to Conducted Transients on Power
Leads.

------------------------------------------------------------------------
                                               Severity
        Pulse  (12 v sys)            Level     (volts)        Status
------------------------------------------------------------------------
1................................          1        -25  I
                                           2        -50  II
                                           3        -75  II
                                           4       -100  IV
2a...............................          1         25  I
                                           2         40  II
                                           3         50  II
                                           4         75  IV
2b...............................          1         10  I
3a...............................          1        -35  I
                                           2        -75  II
                                           3       -112  II
                                           4       -150  IV
3b...............................          1         25  I
                                           2         50  II
                                           3         75  II
                                           4        100  IV
4................................          1         -4  I
                                           2         -5  II
                                           3         -6  II
                                           4         -7  IV
5a...............................          1         87  IV
------------------------------------------------------------------------

* * * * *
    f. J1113-21 2005-10 Immunity to Electromagnetic Fields, 400 MHz to
18 GHz.

------------------------------------------------------------------------
               Severity (V/M)                           Status
------------------------------------------------------------------------
Up to 60....................................  I
60-80.......................................  II
80-100......................................  III
100-150.....................................  IV
------------------------------------------------------------------------

(Authority: 23 U.S.C. 403; 49 CFR 1.95; 49 CFR Part 501)

    Dated: March 25, 2015.
Jeffrey Michael,
Associate Administrator for the Office of Research and Program
Development, National Highway Traffic Safety Administration.
[FR Doc. 2015-07161 Filed 3-27-15; 8:45 a.m.]
 BILLING CODE 4910-59-P


[Federal Register Volume 78, Number 68 (Tuesday, April 9, 2013)]
[Notices]
[Page 21120]
[FR Doc No: 2013-08268]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9800-7]

Notice of Public Meeting of the Interagency Steering Committee on
Radiation Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of public meeting.

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SUMMARY: The Environmental Protection Agency (EPA) will host a meeting
of the Interagency Steering Committee on Radiation Standards (ISCORS)
on May 1, 2013 in Washington, DC. The purpose of ISCORS is to foster
early resolution and coordination of regulatory issues associated with
radiation standards. Member agencies include the EPA; Nuclear
Regulatory Commission; Department of Energy; Department of Defense;
Department of Transportation; Department of Homeland Security;
Department of Labor's Occupational Safety and Health Administration;
and the Department of Health and Human Services. Observer agencies
include the Office of Science and Technology Policy; Office of
Management and Budget; and the Defense Nuclear Facilities Safety Board,
as well as representatives from the States of Arizona and Pennsylvania.
ISCORS objectives are: (1) To facilitate a consensus on allowable
levels of radiation risk to the public and workers; (2) to promote
consistent and scientifically sound risk assessment and risk management
approaches in setting and implementing standards for occupational and
public protection from ionizing radiation; (3) to promote completeness
and coherence of federal standards for radiation protection; and (4) to
identify interagency radiation protection issues and coordinate their
resolution. ISCORS meetings include presentations by the chairs of the
subcommittees and discussions of current radiation protection issues.
Committee meetings normally involve pre-decisional intra-governmental
discussions and, as such, are normally not open for observation by
members of the public or media. This is the one ISCORS meeting out of
four held each year that is open to all interested members of the
public. There will be time on the agenda for members of the public to
provide comments. Summaries of previous ISCORS meetings are available
at the ISCORS Web site, www.iscors.org. The final agenda for the May
1st meeting will be posted on the Web site shortly before the meeting.

DATES: The meeting will be held on May 1, 2013, from 1:00 pm to 4:00
pm.

ADDRESSES: The ISCORS meeting will be held in Room 152 at the EPA
building located at 1310 L Street NW., in Washington, DC. Attendees are
required to present a photo ID such as a government agency photo
identification badge or valid driver's license. Visitors and their
belongings will be screened by EPA security guards. Visitors must sign
the visitors log at the security desk and will be issued a visitors
badge by the security guards to gain access to the meeting.

FOR FURTHER INFORMATION CONTACT: Rafaela Ferguson, Radiation Protection
Division, Office of Radiation and Indoor Air, Mailcode 6608J,
Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pay parking is available for visitors at the
Colonial parking lot next door in the garage of the Franklin Square
building. Visitors can also ride metro to the McPherson Square (Blue
and Orange Line) station and leave the station via the 17th Street
exit. Walk two blocks north on 14th Street to L Street. Turn right at
the corner of 14th and L Streets. EPA's 1310 L Street building is
towards the end of the block on the right. Visit the ISCORS Web site,
www.iscors.org for more detailed information.

    Dated: April 2, 2013.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2013-08268 Filed 4-8-13; 8:45 am]
BILLING CODE 6560-50-P


  Whitehouse Oil Pits Superfund Site NPL Deletion Administrative Record Index

United States Environmental Protection Agency, Whitehouse Oil Pits National Priorities List (NPL) proposed listing package, October, 1981
United States Environmental Protection Agency, NPL Site Narrative for Whitehouse Oil Pits. Federal Register Notice: September 8, 1983.
United States Environmental Protection Agency, Whitehouse Oil Pits EPA Record of Decision, May, 1985
Remedial Investigation Report for the Whitehouse Oil Pits site, Prepared by Ecology and Environment, Inc. for the Florida Department of Environmental Regulation, May, 1985
Feasibility Study for the Whitehouse Oil Pits, Prepared by Ecology and Environment, Inc. for the Florida Department of Environmental Regulation, June, 1985
Final Risk Assessment: Whitehouse Waste Oil Pits Site, Prepared by Ebasco Services Incorporated. Volume 1, September, 1991
United States Environmental Protection Agency, Whitehouse Oil Pits Amended Record of Decision, June, 1992
United States Environmental Protection Agency, Whitehouse Oil Pits Administrative Order by Consent (AOC), 1994
United States Environmental Protection Agency, Whitehouse Oil Pits Supplemental Feasibility and Treatability study was completed by the PRPs in July 1997.
United States Environmental Protection Agency, Whitehouse Oil Pits Amended Record of Decision Whitehouse Waste Oil Pits, September, 1998.
Treatability Study Report for the Whitehouse Oil Pits Site, Prepared by Camp Dresser & McGee for United States Environmental Protection Agency, October, 2000
United States Environmental Protection Agency, Whitehouse Oil Pits Explanation of Significant Differences, July, 2001
United States Environmental Protection Agency Administrative Order on Consent, November, 2001
United States Environmental Protection Agency Administrative Order on Consent, October, 2004
United States Environmental Protection Agency, Ready for Reuse: Whitehouse Former Industrial Property Fact Sheet, December, 2004
United States Environmental Protection Agency, Preliminary Close Out Report Whitehouse Oil Pits Superfund Site, May, 2006
Geosynthetic Quality Assurance of Construction of Cap: Whitehouse Waste Oil Pits, Prepared by Golder Associates, Inc. for U.S. EPA, July, 2006
United States Environmental Protection Agency, Whitehouse Oil Pits First Five Year Review Report, November, 2008
United States Environmental Protection Agency, Whitehouse Oil Pits Second Five Year Review Report, May, 2014
Quarterly Progress Reports for Whitehouse Oil Pits Superfund Site, 2006-2017, Prepared by Golder Associates, Inc. for U.S. EPA
United States Environmental Protection Agency, Final Close Out Report Whitehouse Oil Pits Superfund Site, October, 2017


[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Rules and Regulations]
[Pages 32465-32467]
[FR Doc No: 2017-14740]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0472]
RIN 1625-AA00

Safety Zone; St. Ignace Fireworks Displays, St. Ignace, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone in the
Captain of the Port, Sault Sainte Marie zone. This safety zone is
intended to restrict vessels from certain portions of Lake Huron during
firework displays in East Moran Bay. This temporary safety zone is
necessary to protect spectators and vessels from the potential hazards
associated with the fallout from the aerial displays.

DATES: This rule is effective without actual notice from July 14, 2017
to 10:00 p.m. on September 10, 2017. For purposes of enforcement,
actual notice will be used from 10:00 p.m. on June 24, 2017 to July 14,
2017.

ADDRESSES: 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 rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Sector Sault Sainte Marie Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Acronyms

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this final rule without prior notice and
opportunity to comment pursuant to authority under section 4(a) of the
Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing an NPRM with respect to this rule
because doing so would be impracticable. The Coast Guard received the
safety zone request on March 9, 2017. The Coast Guard did not receive
the final details of the requested safety zone with sufficient time for
a comment period to run before the start of the fireworks display.
Thus, delaying this rule to wait for a notice and comment period to run
would be impracticable because it would inhibit the Coast Guard's
ability to protect the public from the potential hazards associated
with the fireworks display.
    We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the
Coast Guard finds that good cause exists for making it effective less
than 30 days after publication in the Federal Register. For the same
reasons discussed in the preceding paragraph, a 30 day notice period
would be impracticable.

III. Legal Authority and Need for Rule

    The legal basis for the rule is the Coast Guard's authority to
establish safety zones: 33 U.S.C. 1231; 33 CFR 1.05-1, 160.5;
Department of Homeland Security Delegation No. 0170.1.
    On every Saturday from June 24th to September 9th, 2017 and on July
4th 2017, St. Ignace will have fireworks displays at the end of the
Arnold Transit Mill Slip. The state of Michigan regulates fireworks
displays. This action is only for the safety zone. The Captain of the
Port Sault Sainte Marie has determined that the pyrotechnics display
will pose a significant risk to public safety and property. Such
hazards include premature and accidental detonations, falling and
burning debris, and collisions among spectator vessels. The special
design of water shells requires a safety zone of at least 1,400 feet.

IV. Discussion of the Rule

    This rule is necessary to ensure the safety of vessels during the
aforementioned displays. The temporary safety zone will encompass all
U.S. waters of Lake Huron within a 1,400 foot radius from the end of
Arnold Transit Mill Slip located at 45[deg]52'24.6'' N.,
084[deg]43'18.1'' W. The safety zone will be enforced from 10:00 p.m.
to 11:30 p.m. on June 24, 2017, from 10:00 p.m. to 11:30 p.m. on July
4, 2017, from 10:00 p.m. to 11:30 p.m. on July 8, 2017, from 9:45 p.m.
to 11:15 p.m. on July 15, 2017, from 9:45 p.m. to 11:15 p.m. on July
22, 2017, from 9:30 p.m. to 11:00 p.m. on July 29, 2017, from 9:30 p.m.
to 11:00 p.m. on August 5, 2017, from 9:30 p.m. to 11:00 p.m. on August
12, 2017, from 9:30 p.m. to 11:00 p.m. on August 19, 2017, from 9:30
p.m. to 11:00 p.m. on August 26, 2017, from 9:30 p.m. to 11:00 p.m. on
September 2, 2017, from 9:00 p.m. to 10:00 p.m. on September 9, 2017.
If the fireworks are cancelled on Saturday due to inclement weather,
then this section will be enforced on the following day. The rule will
be enforced with actual notice as-needed to mitigate risks associated
with the display.
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port Sault Sainte
Marie, or a designated on-scene representative. The Captain of the Port
or a designated on-scene representative may be contacted via VHF
Channel 16 or telephone at<PHONE_NUMBER>.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders (E.O.s) related to rulemaking. Below we summarize our
analyses based on these statutes and E.O.s and we discuss First
Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is

necessary, to select regulatory approaches that maximize net benefits.
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and
promoting flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.'' This rule has not
been designated a ``significant regulatory action,'' under Executive
Order 12866. Accordingly, it has not been reviewed by the Office of
Management and Budget.
    As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    We conclude that this rule is not a significant regulatory action
because we anticipate that will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule is
confined to area encompassing the potential firework fallout area and
will be enforced only for the duration of the display. Under certain
conditions, moreover, vessels may still transit through the safety
zones when permitted by the Captain of the Port.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which might
be small entities: The owners or operators of the vessels intending to
transit or anchor in the vicinity of the safety zone.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons identified in the
Regulatory Planning and Review section. Further, the Coast Guard will
give advance notice to the public via a Broadcast Notice to Mariners so
the public can plan accordingly.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

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
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 establishment of a safety zone and, therefore, is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A Record of Environmental
Consideration (REC) supporting this determination is available in the
docket where indicated in the ADDRESSES section of this preamble.
However, we seek any comments or information that may lead to the
discovery of a significant environmental impact from this rule.

G. Protest Activities

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

H. Taking of Private Property

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

I. 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.

J. Protection of Children

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

K. Energy Effects

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

L. Technical Standards

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0472 to read as follows:

Sec.  165.T09-0472   Safety Zone; St. Ignace Fireworks Displays, St.
Ignace, Michigan.

    (a) Location. The following areas are temporary safety zones: All
U.S. navigable waters of Lake Huron within a 1,400 foot radius from the
end of Arnold Transit Mill Slip located at 45[deg]52'24.6'' N.,
084[deg]43'18.1'' W.
    (b) Effective and enforcement period. This rule is effective from
10:00 p.m. on June 24, 2017 to 10:00 p.m. on September 10, 2017. The
safety zone will be enforced from 10:00 p.m. to 11:30 p.m. on June 24,
2017, from 10:00 p.m. to 11:30 p.m. on July 4, 2017, from 10:00 p.m. to
11:30 p.m. on July 8, 2017, from 9:45 p.m. to 11:15 p.m. on July 15,
2017, from 9:45 p.m. to 11:15 p.m. on July 22, 2017, from 9:30 p.m. to
11:00 p.m. on July 29, 2017, from 9:30 p.m. to 11:00 p.m. on August 5,
2017, from 9:30 p.m. to 11:00 p.m. on August 12, 2017, from 9:30 p.m.
to 11:00 p.m. on August 19, 2017, from 9:30 p.m. to 11:00 p.m. on
August 26, 2017, from 9:30 p.m. to 11:00 p.m. on September 2, 2017,
from 9:00 p.m. to 10:00 p.m. on September 9, 2017. If the fireworks are
cancelled on Saturday due to inclement weather, then this section will
be enforced on the following day. The rule will be enforced with actual
notice as-needed to mitigate risks associated with the display.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into, transiting, or anchoring within these safety
zones are prohibited unless authorized by the Captain of the Port,
Sault Sainte Marie or his on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sault Sainte Marie or his on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sault Sainte Marie is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sault
Sainte Marie to act on his or her behalf. The on-scene representative
of the Captain of the Port, Sault Sainte Marie will be aboard a Coast
Guard vessel.
    (4) Vessel Operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sault Sainte Marie, or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sault Sainte Marie or his on-scene representative may be
contacted via VHF Channel 16 or telephone at<PHONE_NUMBER>. Vessel
operators given permission to enter or operate in the safety zone must
comply with all directions given to them by the Captain of the Port,
Sault Sainte Marie or his on-scene representative.

    Dated: June 23, 2017.
M.R. Broz,
Captain, U.S. Coast Guard, Captain of the Port, Sault Sainte Marie.
[FR Doc. 2017-14740 Filed 7-13-17; 8:45 am]
 BILLING CODE 9110-04-P