[Federal Register Volume 81, Number 204 (Friday, October 21, 2016)]
[Proposed Rules]
[Pages 72753-72755]
[FR Doc No: 2016-25511]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0929]
RIN 1625-AA00

Safety Zone; Willamette River, Portland, OR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of the Willamette River. This action is necessary to
provide for the safety of life on these navigable waters during a
fireworks display on November 13, 2016. This proposed rulemaking would
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Sector Columbia River or a
designated representative. We invite your comments on this proposed
rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before November 4, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0929 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Mr. Kenneth Lawrenson, Waterways
Management Division, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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, Purpose, and Legal Basis

    On September 22, 2016, Western Display Fireworks, Ltd., notified
the Coast Guard that it will be conducting a fireworks display from 7
p.m. to 7:30 p.m. on November 13, 2016, for a celebration of life of
recently deceased Donald W. Gardner. The fireworks are to be launched
from a barge in the Willamette River between the Burnside and Steel
Bridges. Hazards from firework displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector Columbia River (COTP) has
determined that potential hazards associated with the fireworks to be
used in this display would be a safety concern for anyone within a 450-
yard radius of the barge.

    The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within a 450-yard radius of the fireworks
barge before, during, and after the scheduled event. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 6 p.m. to 8:30
p.m. on November 13, 2016. The safety zone would cover all navigable
waters within 450 yards of the barge being used to launch the fireworks
display in the Willamette River located between the Burnside and Steel
Bridges in Portland, OR. The safety zone would be in effect for the
duration of the event, which is scheduled to take place from 7 p.m. to
7:30 p.m., and one hour prior to and one hour after the event
concludes, in order to ensure the safety of vessels and these navigable
waters. No vessel or person would be permitted to enter the safety zone
without obtaining permission from the COTP or his designated
representative. The regulatory text we are proposing appears at the end
of this document.

IV. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This NPRM has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
would be able to safely transit around this safety zone which would
impact a small designated area of the Willamette River for two and a
half hours during the evening when vessel traffic is normally low.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the zone.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security 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 made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves a safety
zone lasting two and one half hours that would prohibit entry within
450 yards of a fireworks barge. Normally such actions are categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and Categorical Exclusion Determination are available in the
docket where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. If we issue a final rule in this rulemaking, because of
the closeness of the event, we would made it effective less than 30
days after publication in the Federal Register, and we would explain
our good cause for doing so in the final rule, as required by 5 U.S.C.
553(d)(3).
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 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.T13-0929 to read as follows:

Sec.  165.T13-0929  Safety Zone; Willamette River, Portland, OR.

    (a) Safety zone. The following area is designated a safety zone:
Waters of the Willamette River, within a 450-yard radius of the
fireworks barge located between the Burnside and Steel Bridges in
Portland, OR.
    (b) Regulations. In accordance with Sec.  165.23, no person may
enter or remain in this safety zone unless authorized by the Captain of
the Port Columbia River or his designated representative. Also in
accordance with Sec.  165.23, no person may bring into, or allow to
remain in this safety zone any vehicle, vessel, or object unless
authorized by the Captain of the Port Columbia River or his designated
representative.
    (c) Enforcement period. This section will be enforced from 6 p.m.
to 8:30 p.m. on November 13, 2016.

     Dated: October 17, 2016.
D. F. Berliner,
Captain, U.S. Coast Guard, Alternate Captain of the Port, Sector
Columbia River.
[FR Doc. 2016-25511 Filed 10-20-16; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 88, Number 37 (Friday, February 24, 2023)]
[Notices]
[Pages 11912-11913]
[FR Doc No: 2023-03819]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2021-0288; FRL-10741-01-OMS]

Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Certification of Pesticide Applicators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Certification of Pesticide
Applicators (EPA ICR Number 0155.14, OMB Control Number 2070-0029), to
the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
revision of the ICR, which is currently approved through February 28,
2023, to include the activities and burdens contained in related ICR
(EPA ICR Number 2499.03, OMB Control Number 2070-0196), which is
currently approved through July 31, 2025. Public comments were
previously requested via the Federal Register on June 30, 2021 during a
60-day comment period. This notice allows for an additional 30-days for
public comments.

DATES: Comments may be submitted on or before March 27, 2023.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OPP-
2021-0288, to EPA online using www.regulations.gov (our preferred
method) or by mail to: EPA Docket Center, Environmental Protection
Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC
20460. EPA's policy is that all comments received will be included in
the docket without change, including any personal information provided,
unless the comment includes profanity, threats, information claimed to
be Confidential Business Information (CBI), or other information whose
disclosure is restricted by statute.
    Submit written comments and recommendations to OMB for the proposed
information collection within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain. Find this particular information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Carolyn Siu, Mission Support Division,
Office of Program Support, Office of Chemical Safety and Pollution
Prevention, (Mailcode: 7101M), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
566-1205; email address: [email protected].

SUPPLEMENTARY INFORMATION: This is a proposed extension of the ICR,
which is currently approved through February 28, 2023. An agency may
not conduct or sponsor and a person is not required to respond ot a
collection of information unless it displays a currently valid OMB
control number.
    Public comments were previously requested via the Federal Register
on June, 30, 2021 during a 60-day comment period (86 FR 34745). This
notice allows for an additional 30 days for public comments. Supporting
documents, which explain in detail the information that the EPA will be
collecting, are available in the public docket for this ICR. The docket
can be viewed online at www.regulations.gov or in person at the EPA
Docket Center, WJC West, Room 3334, 1301 Constitution Ave. NW,
Washington, DC. The telephone number for the Docket Center is 202-566-
1744. For additional information about EPA's public docket, visit
http://www.epa.gov/dockets.
    Abstract: EPA administers certification programs for pesticide
applicators under section 11 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). FIFRA allows EPA to classify a pesticide as
``restricted use'' if the pesticide meets certain toxicity or risk
criteria. The regulations in 40 CFR part 171 include procedures for
certification programs for States, Federal agencies, Indian tribes, or
U.S. territories who wish to develop and

implement their own certification plans and programs, after obtaining
EPA approval. This ICR addresses the paperwork activities performed by
respondents to comply with training and certification requirements
associated with applicators of restricted use pesticides (RUPs). Due to
the potential of improperly applied RUPs to harm human health or the
environment, pesticides under this classification may be purchased and
applied only by ``certified applicators'' or by persons under the
direct supervision of certified applicators.
    Currently all 50 states, the District of Columbia, 6 territories, 4
tribes and 5 federal agencies are authorized to run their own
certification programs within their jurisdictions, but each agency's
certification plan must be approved by EPA before it can be
implemented. Agencies authorized by EPA to administer a certification
program are collectively referred to as ``authorized agencies.''
    In areas where no authorized agency has jurisdiction, EPA may
administer a certification program directly, (e.g., Federal program).
Federal programs require RUP dealers to maintain records of RUP sales
and to report and update their names and addresses with the pesticide
regulatory agency for enforcement purposes.
    This ICR also addresses how registrants of certain pesticide
products are expected to perform specific, special paperwork
activities, to comply with the terms and conditions of the pesticide
registration (e.g., registrants of anthrax-related pesticide products).
    Form numbers: EPA Form 8500-17 and EPA Form 8500-17-N.
    Respondents/affected entities: Agricultural establishments, pest
control officials, pesticide registrants, pesticide dealers, and
administrators of environmental protection programs, governmental pest
control programs, pesticide applicator certification programs (e.g.,
authorized agencies), and RUP dealers (only for EPA administrated
programs).
    Respondent's obligation to respond: Mandatory (FIFRA sections 3 and
11, and 40 CFR part 171).
    Estimated number of respondents: 2,305,613 (total).
    Frequency of response: On occasion.
    Total estimated burden: 3,660,293 hours (per year). Burden is
defined at 5 CFR 1320.3(b).
    Total estimated cost: $165,109,042 (per year), includes $0
annualized capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of 2,280,849 hours
in the total estimated respondent burden compared with the ICR
currently approved by OMB. This increase is the incorporation of the
activities and estimated burden associated with the 2015 final rule
that amended 40 CFR part 171, which are currently approved under OMB
Control Number 2070-0196 (EPA ICR Number 2499.03).

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2023-03819 Filed 2-23-23; 8:45 am]
BILLING CODE 6560-50-P