[Federal Register Volume 84, Number 163 (Thursday, August 22, 2019)]
[Rules and Regulations]
[Pages 43698-43699]
[FR Doc No: 2019-18105]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2019-0692]
RIN 1625-AA00

Safety Zone; Waterview Loft ASM Event Fireworks, Detroit River,
MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 120-yard radius of a portion of the Detroit
River, Detroit, MI. This zone is necessary to protect spectators and
vessels from potential hazards associated with the Waterview Loft ASM
Event Fireworks.

DATES: This temporary final rule is effective from 8 p.m. through 8:30
p.m. on October 16, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0692 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
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Detroit
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 doing so would be impracticable. The
Coast Guard did not receive the final details of this fireworks display
in time to publish an NPRM. As such, it is impracticable to publish an
NPRM because we lack sufficient time to provide a reasonable comment
period and then consider those comments before issuing the rule.
Furthermore, immediate action is needed to allow the Coast Guard to
enhance the safety of this event.

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 Detroit (COTP) has determined that
potential hazard associated with fireworks from 8 p.m. through 8:30
p.m. on October 16, 2019 will be a safety concern to anyone within a
120-yard radius of the launch site. This rule is needed to protect
personnel, vessels, and the marine environment in the navigable waters
within the safety zone while the fireworks are being displayed.

IV. Discussion of the Rule

    This rule establishes a safety zone from 8 p.m. through 8:30 p.m.
on October 16, 2019. The safety zone will encompass all U.S. navigable
waters of the Detroit River, Detroit, MI, within a 120-yard radius of
position 42[deg]19.529' N, 083[deg]02.436' W (NAD 83). No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.

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. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the safety zone. Vessel traffic
will be able to safely transit around this safety zone which will
impact a small designated area of the Detroit River from 8 p.m. through
8:30 p.m. on October 16, 2019. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners (BNM) via VHF-FM marine channel 16 about
the zone and the rule allows 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 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
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 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. 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
Directive 023-01 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 a safety zone lasting one and a half
hours on two nights that will prohibit entry into a designated area. It
is categorically excluded from further review under paragraph L[60](a)
in Table 3-1 of U.S. Coast Guard Environmental Planning Implementing
Procedures 5090.1. A Record of Environmental Consideration supporting
this determination is available in the docket where indicated under
ADDRESSES.

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.

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; 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.T09-0692 to read as follows:

Sec.  165.T09-0692  Safety Zone; Waterview Loft ASM Event Fireworks,
Detroit, MI.

    (a) Location. A safety zone is established to include all U.S.
navigable waters of the Detroit River, Detroit, MI, within a 120-yard
radius of position 42[deg]19.529' N, 083[deg]02.436' W (NAD 83).
    (b) Enforcement period. The regulated area described in paragraph
(a) will be enforced from 8 p.m. until 8:30 p.m. on October 16, 2019.
    (c) Regulations. (1) No vessel or person may enter, transit
through, or anchor within the safety zone unless authorized by the
Captain of the Port Detroit (COTP), or his or her on-scene
representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the COTP or his or her on-scene representative.
    (3) The ``on-scene representative'' of COTP is any Coast Guard
commissioned, warrant or petty officer or a Federal, State, or local
law enforcement officer designated by or assisting the Captain of the
Port Detroit to act on his or her behalf.
    (4) Vessel operators shall contact the COTP or his or her on-scene
representative to obtain permission to enter or operate within the
safety zone. The COTP or his or her on-scene representative may be
contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel operators
given permission to enter or operate in the regulated area must comply
with all directions given to them by the COTP or his or her on-scene
representative.

    Dated: August 16, 2019.
Jeffrey W. Novak,
Captain, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2019-18105 Filed 8-21-19; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Notices]
[Pages 45757-45758]
[FR Doc No: 2019-18786]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0701; FRL-9998-33-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; NESHAP for Miscellaneous Coating
Manufacturing (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), NESHAP for Miscellaneous Coating
Manufacturing (EPA ICR Number 2115.07, OMB Control Number 2060-0535),
to the Office of Management and Budget (OMB) for review and approval in
accordance with the Paperwork Reduction Act. This is a proposed
extension of the ICR, which is currently approved through November 30,
2019. Public comments were previously requested, via the Federal
Register, on May 6, 2019 during a 60-day comment period. This notice
allows for an additional 30 days for public comments. A fuller
description of the ICR is given below, including its estimated burden
and cost to the public. An Agency may neither conduct nor sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number.

DATES: Additional comments may be submitted on or before September 30,
2019.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OECA-2012-0701, to: (1) EPA online using www.regulations.gov (our
preferred method), or by email to<EMAIL_ADDRESS>or by mail to:
EPA Docket Center, Environmental Protection Agency, Mail Code 28221T,
1200 Pennsylvania Ave. NW, Washington, DC 20460; and (2) OMB via email
to<EMAIL_ADDRESS>Address comments to OMB Desk Officer
for EPA.
    EPA's policy is that all comments received will be included in the
public 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.

FOR FURTHER INFORMATION CONTACT: Patrick Yellin, Monitoring,
Assistance, and Media Programs Division, Office of Compliance, Mail
Code 2227A, Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; fax number:
(202) 564-0050; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov, or in person at the EPA Docket Center, EPA West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit: http://www.epa.gov/dockets.
    Abstract: The National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Miscellaneous Coating Manufacturing (40 CFR
part 63, subpart HHHHH) apply to new and existing facilities that: (1)
Manufacture a miscellaneous coating (including inks, paints, or
adhesives described by either Standard Industrial Classification (SIC)
codes 285 or 289, or North American Industrial Classification System
(NAICS) codes 3255 or 3259); (2) are either located at, or are part of,
major sources of hazardous air pollutant (HAP) emissions; (3) process,
use, or produce HAP; and (4) are not part of an affected source under
another subpart of 40 CFR part 63. New facilities include those that
commenced either construction or reconstruction after April 4, 2002.
    In general, all NESHAP standards require initial notifications,
performance tests, and periodic reports by the owners/operators of the
affected facilities. They 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. These
notifications, reports, and records are essential in determining
compliance, and are required of all affected facilities subject to
NESHAP. This information is being collected to assure compliance with
40 CFR part 63, subpart HHHHH.
    Form Numbers: None.
    Respondents/affected entities: These regulations apply to new and
existing facilities that: (1) Manufacture a miscellaneous coating
(including inks, paints, or adhesives described by Standard Industrial
Classification (SIC) codes 285 or 289, or North American Industrial
Classification System (NAICS) codes 3255 or 3259); (2) are either
located at, or are part of, major sources of hazardous air pollutant
(HAP) emissions; (3) process, use, or produce HAP, and (4) are not part
of an affected source under another subpart of 40 CFR part 63.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart HHHHH).
    Estimated number of respondents: 43 (total).
    Frequency of response: Semiannually.
    Total estimated burden: 54,600 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $7,240,000 (per year), which includes
$907,000 in annualized capital/startup and/or operation & maintenance
costs.
    Changes in the Estimates: There is an adjustment decrease in the
total estimated burden as currently identified in the OMB Inventory of
Approved Burdens. A decrease in the number of respondent resulted in a
decrease in the number of responses, hours and costs.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2019-18786 Filed 8-29-19; 8:45 am]
 BILLING CODE 6560-50-P


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[Federal Register Volume 86, Number 12 (Thursday, January 21, 2021)]
[Notices]
[Page 6382]
[FR Doc No: 2021-01134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-90916; SR-CBOE-2020-110]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Notice of
Withdrawal of a Proposed Rule Change Amending Rule 5.52(d) in
Connection With a Market-Maker's Electronic Volume Transacted on the
Exchange

January 13, 2021.
    On November 13, 2020, Cboe Exchange, Inc. (the ``Exchange'' or
``Cboe'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to change the electronic volume threshold trigger
for continuous electronic quoting requirements for Market-Makers from
one calendar quarter to two consecutive calendar quarters. The proposed
rule change was published for comment in the Federal Register on
November 30, 2020.\3\ The Commission has received no comment letters on
the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 90482 (November 23,
2020), 85 FR 76642 (November 30, 2020) (SR-CBOE-2020-110).
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    On January 13, 2021, the Exchange withdrew the proposed rule change
(SR-CBOE-2020-110).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\4\
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    \4\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-01134 Filed 1-19-21; 8:45 am]
BILLING CODE 8011-01-P


                            Responsiveness Summary

Introduction

	A Notice of Intent to Delete for the Northside Landfill Superfund Site was published in the Federal Register on July 14, 2020 (85 FR 42341).  The publication of this notice was intended to inform the public that EPA planned to delete the Site from the National Priorities List and provide a 30-day public comment period on the proposed deletion.  The closing date for comments on the Notice of Intent to Delete was August 13, 2020.  Two written comment were received. All public comments were considered in EPA's final decision to delete the Site from the NPL.

Responsiveness Summary

	The Responsiveness Summary has been prepared to provide responses to comments submitted to EPA during the 30-day public comment period regarding the Notice of Intent to Delete (85 FR 42341)  the Northside Landfill Superfund Site.  The original comments are summarized below and available at http://www.regulations.gov, Docket ID No. EPA-HQ-SFUND-1986-005, with the support materials under document type "Public Submissions", and at the EPA Region 10 Records Center at 1200 Sixth Avenue, Suite 155, Seattle, WA 98101.

No adverse comments were received.
 One commenter requested that the EPA make the decision based on hard science and measurable and verifiable empirical data, in accordance with the law. If so, the commenter supported the proposed action.
The decision is based on groundwater quality data collected and analyzed consistent with approved sampling and quality assurance & quality control plans.  The Final Close Out Report documents EPA's determination that all appropriate response actions have been successfully implemented and groundwater cleanup levels have been achieved.

The second commenter inquired about subsequent future land use implications if this site is deleted from the National Priorities List and expressed concerns if the city would have a "free pass" to plan commercial or residential development of the land.
In 2011, the City of Spokane recorded an Environmental Covenant that established restrictions on future uses of the site to protect the completed remedial action. The limitations prohibit any activity that would damage or disturb the integrity of the landfill cap which include any drilling, digging, excavating or placement of objects or equipment which would stress or deform the surface. Any future land use would need to be consistent with the Environmental Covenant.