[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10677-10679]
[FR Doc No: 2019-05550]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2019-0167]
RIN 1625-AA00

Safety Zone; Patuxent River, Patuxent River, MD

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Patuxent River. This action is necessary to
provide for the safety of life on these navigable waters of the
Patuxent River at Patuxent River, MD, during salvage operations of the
vessel YP-702 on March 24, 2019 (with alternate of March 25, 2019, or
March 26, 2019). This action prohibits persons and vessels from
entering the safety zone unless authorized by the Captain of the Port
Maryland-National Capital Region or a designated representative.

DATES: This rule is effective from 9 a.m. on March 24, 2019, through 4
p.m. on March 26, 2019. This rule will be enforced from 9 a.m. until 4
p.m. on March 24, 2019, or, in the case of inclement weather, on those
same hours on March 25, 2019, or March 26, 2019.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2019-0167 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 Mr. Ron Houck, Sector Maryland-National Capital Region
Waterways Management Division, U.S. Coast Guard; telephone 410-576-
2674, email<EMAIL_ADDRESS>
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 vessel YP-702, a 108-foot-long vessel with a wooden hull and
aluminum superstructure, took on water

and sank while anchored outside the channel in the Patuxent River at
Patuxent River, MD. The vessel is presently lying in a sunken condition
resting on the river bottom in 12 to 15 feet of water in approximate
position latitude 38[deg]18'03.96'' N, longitude 076[deg]27'39.90'' W.
Salvage operations will be taking place on March 24, 2019, with
alternate dates of March 25, 2019, or March 26, 2019.
    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 to do so would be impracticable and
contrary to the public interest. Waiting to return the waterway to
conditions that accommodate the safe, full resumption of boating and
fishing in the immediate area is contrary to the public interest. It is
impracticable to publish an NPRM because recovery assets will be on
scene on or about March 24, 2019, and the safety zone needs to be in
place at that time to protect vessels and persons in the vicinity of
vessel salvage operations.
    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.
Immediate action is needed to protect vessels, equipment and persons
conducting diving and salvage operations of the vessel YP-702, as well
as vessels transiting nearby, from the potential hazards associated
with these operations.

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 Maryland-National Capital Region (COTP)
has determined that potential hazards associated with salvage
operations will be a safety concern for anyone within 100 yards of the
vessel YP-702 salvage operations. This rule is needed to protect
personnel, vessels, equipment, and the marine environment in the
navigable waters within the safety zone while the sunken vessel is
being removed.

IV. Discussion of the Rule

    This rule establishes a safety zone to be enforced from 9 a.m. to 4
p.m. on March 24, 2019, or if necessary due to inclement weather, those
same hours on either March 25, 2019, or March 26, 2019. The safety zone
covers all navigable waters of the Patuxent River within 100 yards of
the vessel YP-702 in approximate position latitude 38[deg]18'03.96'' N,
longitude 076[deg]27'39.90'' W, located at Patuxent River, MD. The
duration and enforcement of the zone is intended to protect personnel,
vessels, equipment, and the marine environment in these navigable
waters while the sunken vessel is being removed. 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, and time-of-year of the safety zone. Vessel traffic will be
able to safely transit around this safety zone which would impact a
small designated area of the Patuxent River for 7 total enforcement
hours, during the month of March when vessel traffic in the Patuxent
River is normally low. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about 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 Commandant Instruction M16475.1D, 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 to be enforced for only seven hours during the vessel YP-
702 salvage operations that will prohibit entry within 100 yards of
vessels and equipment being used by personnel to remove the sunken
vessel. 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. 01. 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.T05-0167 to read as follows:

Sec.  165.T05-0167  Safety Zone; Patuxent River, Patuxent River, MD.

    (a) Location. The following area is a safety zone: All navigable
waters of the Patuxent River within 100 yards of the vessel YP-702 in
approximate position latitude 38[deg]18'03.96'' N, longitude
076[deg]27'39.90'' W, located at Patuxent River, MD. All coordinates
refer to datum NAD 1983.
    (b) Definitions. As used in this section:
    Captain of the Port (COTP) means the Commander, U.S. Coast Guard
Sector Maryland-National Capital Region.
    Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Maryland-National Capital Region to assist in enforcing the safety
zone described in paragraph (a) of 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. All vessels underway within this
safety zone at the time it is activated are to depart the zone.
    (2) To request permission to enter, contact the COTP or the COTP's
representative by telephone at<PHONE_NUMBER> or on Marine Band Radio
VHF-FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this
section can be contacted on Marine Band Radio VHF-FM channel 16 (156.8
MHz).
    (3) 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.
    (4) The Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 providing updates about the zone.
    (d) Enforcement officials. The U.S. Coast Guard may be assisted in
the patrol and enforcement of the safety zone by Federal, State, and
local agencies.
    (e) Enforcement period. This section will be enforced from 9 a.m.
until 4 p.m. on March 24, 2019, or if necessary due to inclement
weather, those same hours on either March 25, 2019, or March 26, 2019.

    Dated: March 19, 2019.
Joseph B. Loring,
Captain, U.S. Coast Guard Captain of the Port Maryland-National Capital
Region.
[FR Doc. 2019-05550 Filed 3-21-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Proposed Rules]
[Pages 16142-16144]
[FR Doc No: 2017-06474]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0234]
RIN 1625-AA00

Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean Entry on
Southeast Side of Island of Hawaii, HI

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone
for the navigable waters surrounding the entry of lava from Kilauea
volcano into the Pacific Ocean on the southeast side of the Island of
Hawaii, HI. The safety zone will encompass all waters extending 300
meters (984 feet) in all directions around all entry points of lava
flow into the ocean. The entry points of the lava vary, and the safety
zone will vary accordingly. The safety zone is needed to protect
persons and vessels from the potential hazards associated with molten
lava entering the ocean resulting in explosions of large chunks of hot
rock and debris upon impact, collapses of the sea cliff into the ocean,
hot lava arching out and falling into the ocean, and the release of
toxic gases. Entry of persons or vessels into this safety zone is
prohibited unless specifically authorized by the Captain of the Port
(COTP) Honolulu or his 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 June 2, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0234 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 Lieutenant Commander Nicolas Jarboe,
Waterways Management Division, U.S. Coast Guard; telephone 808-541-
4359, 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

    Lava has been entering the ocean at Kamokuna on K[imacr]lauea
Volcano's south coast since July of 2016. As with all ocean entries
during this long-lived K[imacr]lauea eruption, hazards to people nearby
on land and sea include: A plume of corrosive seawater laden with
hydrochloric acid and fine volcanic particles that can irritate the
skin, eyes, and lungs; explosions of debris and scalding water as hot
rock interacts with the ocean; sudden collapse of lava deltas (new land
formed as lava accumulates above sea level extending out from the base
of the existing sea cliff); waves associated with explosions,
collapses; plumes of hot water. For more information, please see:
https://pubs.usgs.gov/fs/2000/fs152-00/.
    On New Year's Eve 2016, a large portion of the new lava delta
collapsed into the ocean producing waves and explosions of debris.
Following this collapse, portions of the adjacent sea cliff continued
to collapse into the ocean producing localized ocean waves and showers
of debris. As of late March 2017, a new delta has begun to form at the
Kamokuna ocean entry. Additionally, cracks parallel to the sea cliff in
the surrounding area persist, indicating further collapses with very
little or no warning are possible.
    Based on a review of nearly 30 years of delta collapse and ejecta
distance observations in the Hawaii Volcano Observatory records, a
radius of 300 meters was determined as a reasonable minimum high hazard
zone around a point of ocean entry.
    The purpose of this proposed rulemaking is to protect persons and
vessels from the potential hazards associated with molten lava entering
the ocean resulting in explosions of large chunks of hot rock and
debris upon impact, collapses of the sea cliff into the ocean, hot lava
arching out and falling into the ocean, and the release of toxic gases.
The safety zone's intended objectives include but not limited to
protection of the public, mitigation of potential lava flow entry
hazards to nearby vessels, and enhancing public safety. The Coast Guard
proposes this rulemaking under authority in 33 U.S.C. 1231, which gives
the Coast Guard, under a delegation from the Secretary of the
Department of Homeland Security, regulatory authority to enforce the
Ports and Waterways Safety Act.
    On March 28, 2017 the COTP issued a temporary final rule, published
elsewhere in this issue of the Federal Register, 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)]. The temporary
final rule established a temporary safety zone to immediately protect
persons and vessels from the potential hazards associated with
Kilauea's active lava flow entry into the Pacific Ocean on the
southeast side of the Island of Hawaii, HI. The safety zone encompassed
all waters extending 300 meters (984 feet) in all directions around all
entry points of lava flow into the ocean. The entry points of the lava
vary, and the safety zone will vary accordingly. The temporary final
rule will remain in effect throughout this notice of proposed
rulemaking unless otherwise canceled or modified by the COTP.

III. Discussion of Proposed Rule

    The COTP Honolulu proposes to establish a permanent safety zone
around the lava flow entry point on the Kamokuna lava delta. The entry
point of the lava does change based on flow, however the safety zone
will encompass all waters extending 300 meters (984 feet) in all
directions around the entry point of lava flow into the ocean
associated with the lava flow at the Kamokuna lava delta. The safety
zone is needed to protect persons and vessels from potential hazards
associated with molten lava entering the ocean resulting in explosions
of large chunks of hot rock and debris upon impact, hot lava arching
out and falling into the ocean, and the release of toxic gases. No
persons or vessels will be permitted to enter the safety zone without
express authorization from the COTP Honolulu 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 southeast side of the Island of
Hawaii, HI. 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 for reasons stated in section IV.
A. above.
    Some owners or operators of vessels, which may be small entities,
conduct tours in the vicinity of the proposed safety zone where lava
flow enters the ocean. Some of these owners or operators reportedly
navigate closer than 300 meters from the lava entry into the ocean.
This rule may affect their operations. The safety zone does not
prohibit ocean tours; the safety zone simply requires operators and
vessel owners to navigate at a safe distance. It also allows vessels to
seek permission of the COTP Honolulu to get closer.
    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 permanent
safety zone that would prohibit entry within prohibit persons and
vessels from entry into the 300 meters (984 feet) safety zone extending
in all directions around the entry of lava flow into the Pacific Ocean.
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.
    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.
    We plan to hold one public meeting on May 08, 2017 at 5 p.m. at the
East Hawaii County Building (Hilo) Aupuni Center Conference Room
located at 101 Pauahi St. #7, Hilo, Hawaii 96720. For information on
facilities or services for individuals with disabilities or to request
special assistance at the public meeting, contact the person named in
the FOR FURTHER INFORMATION CONTACT section, above.

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.  165.1414 to read as follows:

Sec.  165.1414  Safety Zone; Pacific Ocean, Kilauea Lava Flow Ocean
Entry on Southeast Side of Island of Hawaii, HI.

    (a) Location. The safety zone area is located within the COTP Zone
(See 33 CFR 3.70-10) and encompasses one primary area from the surface
of the water to the ocean floor at the Kilauea active lava flow entry
into the Pacific Ocean on the southeast side of the Island of Hawaii,
HI. The entry point of the lava does change based on flow, however the
safety zone will encompass all waters extending 300 meters (984 feet)
in all directions around the entry point of lava flow into the ocean
associated with the lava flow at the Kamokuna lava delta.
    (b) Enforcement period. The COTP Honolulu will establish the
enforcement dates that will be announced with a notice of enforcement
of regulations published in the Federal Register. The enforcement dates
will also be announced with a Broadcast Notice to Mariners, Local
Notice to Mariners, and Outreach.
    (c) Regulations. The general regulations governing safety zones
contained in Sec.  165.23 apply to the safety zone created by this
rule.
    (1) All persons and vessels are required to comply with the general
regulations governing safety zones found in this part.
    (2) Entry into or remaining in this safety zone is prohibited
unless authorized by the COTP Honolulu or his designated
representative.
    (3) Persons or vessels desiring to transit the safety zone
identified in paragraph (a) of this section may contact the COTP of
Honolulu through his designated representatives at the Command Center
via telephone:<PHONE_NUMBER> and<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
or on VHF channel 16 (156.8 Mhz) to request permission to transit the
safety zone. If permission is granted, all persons and vessels must
comply with the instructions of the COTP Honolulu or his designated
representative and proceed at the minimum speed necessary to maintain a
safe course while in the safety zone.
    (4) The U.S. Coast Guard may be assisted in the patrol and
enforcement of the safety zone by Federal, State, and local agencies.
    (d) Notice of enforcement. The COTP Honolulu will provide notice of
enforcement of the safety zone described in this section by verbal
radio broadcasts and written notice to mariners.
    (e) Definitions. As used in this section, ``designated
representative'' means any Coast Guard commissioned, warrant, or petty
officer who has been authorized by the COTP to assist in enforcing the
safety zone described in paragraph (a) of this section.

    Dated: March 28, 2017.
M.C. Long,
Captain, U.S. Coast Guard, Captain of the Port Honolulu.
[FR Doc. 2017-06474 Filed 3-31-17; 8:45 am]
BILLING CODE 9110-04-P


Page 1 of 2 DRAFT Ms. Allison Jones Executive Vice President National Alliance of Independent Crop Consultants 349 E. Nolley Drive Collierville, TN 38017 Dear Ms. Jones:

The purpose of this letter is to respond to your June 26, 2002 written request seeking EPA's acknowledgment that the Certified Professional Crop Consultant Researcher ( CPCC R) Program of the National Alliance of Independent Crop Consultants ( NAICC) is an appropriate certification program for the WPS crop advisor exemption.

EPA has reviewed NAICC's CPCC R Program and concluded that the program includes all of the requirements set forth in EPA's 1996 Guidance, as described below. Therefore, EPA hereby acknowledges in writing that NAICC's CPCC R Program is appropriate for the WPS crop advisor exemption.

In May 1995, EPA amended the Worker Protection Standard ( WPS), 40 CFR170, to exempt certain certified or licensed crop advisors ( and persons under their direct supervision) performing crop advising tasks from specific WPS requirements ( 60 FR 21948, May 3, 1995) ( hereinafter referred to as the " WPS crop advisor exemption"). In order to qualify for the WPS crop advisor exemption, the crop advisor must be certified or licensed as a crop advisor under a program acknowledged as appropriate in writing by EPA or a State or Tribal lead agency for pesticide enforcement.

In 1996 EPA issued a Guidance to States for Approving and Developing Programs Which Recognize Crop Advisors Qualified for the Worker Protection Standard's Crop Advisor Exemption. The Guidance identifies the minimum requirements that EPA expects in any crop advisor certification or license program acknowledged by EPA for the WPS crop advisor exemption. The Guidance also recommends that these same requirements be included in any certification or license program that a State or Tribe acknowledges or develops for the WPS crop advisor exemption.

In 1996 EPA reviewed the Certified Professional Crop Consultant ( CPCC) Program of the NAICC and the Certified Crop Advisor ( CCA) Program of the Agronomy Society of America ( ASA) and concluded that both programs included all of the requirements set forth in EPA's 1996 Guidance. Accordingly, EPA acknowledged in writing that NAICC's CPCC Program and ASA's Page 2 of 2 CCA Program are appropriate for the WPS crop advisor exemption.

Also, pursuant to your request letter, EPA is informing the State and Tribal lead agencies for pesticide enforcement of this decision today ( see enclosure). To date, EPA has acknowledged in writing that NAICC's CPCC Program and CPCC R Program, as well as ASA's CCA Program, are appropriate for the WPS crop advisor exemption. Accordingly, under EPA's regulations at 40 CFR § § 170.104 and 170.204, provided that all other specified regulatory requirements are met, an individual certified or licensed as a crop advisor under NAICC's CPCC Program, NAICC's CPCC R Program, or ASA's CCA Program, and persons under the direct supervision of that certified individual, are exempt from specific WPS requirements while performing crop advising tasks in treated areas.

If you have any questions, please contact Kevin Keaney, Chief of the Certification and Worker Protection Branch at 703 305 7666.

Sincerely,

Jay Ellenberger, Acting Director Field and External Affairs Division Enclosure cc: Jim Jones Anne Lindsay Kevin Keaney


[Federal Register Volume 78, Number 32 (Friday, February 15, 2013)]
[Notices]
[Pages 11264-11265]
[FR Doc No: 2013-03553]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: National
Flight Data Center Web Portal

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. NFDC Web Portal forms are used to collect aeronautical
information, detailing the physical description and operational status
of all components of the National Airspace System (NAS). This
collection was granted emergency clearance by OMB on January 23, 2012.
This submission includes the additional public burden for the Special
Flight Area processing tool.

DATES: Written comments should be submitted by April 16, 2013.

FOR FURTHER INFORMATION CONTACT: Kathy DePaepe at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0754.
    Title: National Flight Data Center Web Portal.
    Form Numbers: FAA Forms 7900-5, 7900-6, 7900-XX.
    Type of Review: Renewal of an information collection.
    Background: The National Flight Data Center (NFDC) is the
authoritative government source for collecting, validating, storing,
maintaining, and disseminating aeronautical data concerning the United
States and its territories to support real-time aviation activities.
The information collected ensures the safe and efficient navigation of
the national airspace. The information collected is maintained in the
National Airspace System Resources (NASR) database which serves as the
official repository for NAS data and is provided to government,
military, and private producers of aeronautical charts,

publications, and flight management systems.
    Respondents: 7,318 representatives of U.S. public airports, U.S.
privately-owned instrument landing systems, and non-Federal weather
systems.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 25 minutes per response.
    Estimated Total Annual Burden: 1,296 hours.

ADDRESSES: Send comments to the FAA at the following address: Ms. Kathy
DePaepe, Room 126B, Federal Aviation Administration, AES-200, 6500 S.
MacArthur Blvd., Oklahoma City, OK 73169.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

    Issued in Washington, DC on February 11, 2013.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, AES-200.
[FR Doc. 2013-03553 Filed 2-14-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: October 28, 2009 (Volume 74, Number 207)]
[Notices]
[Page 55619-55620]
[DOCID:fr28oc09-137]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2007-42]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number involved and must be received on or before November 17, 2009.

ADDRESSES: You may send comments identified by Docket Number [Insert
docket number, for example, FAA-200X-XXXXX] using any of the following
methods:
     Government-wide rulemaking Web site: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to

http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ralen Gao, Office of Rulemaking, ARM-
209, Federal Aviation Administration, 800 Independent Avenue, SW., Room
810, Washington, DC 20591, fax<PHONE_NUMBER>, telephone<PHONE_NUMBER>.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on October 22, 2009.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-20049-0244.
    Petitioner: NetJets Aviation, Inc.
    Section of 14 CFR Affected: 14 CFR 21.197(c)(2) & (3).
    Description of Relief Sought: NetJets seeks an exemption from the
requirements of Sec.  21.197(c)(2) in order to be eligible for a
special flight permit with continuing authorization for its aircraft,
which are maintained as described in Sec.  135.411(a)(1), so it could
ferry aircraft that may not meet applicable airworthiness requirements
but are capable of safe flight for the purpose of flying aircraft to a
base where maintenance or alterations are to be performed.

[FR Doc. E9-25881 Filed 10-27-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 177 (Thursday, September 12, 2013)]
[Notices]
[Pages 56268-56269]
[FR Doc No: 2013-22161]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2013-0119]

Pipeline Safety: Public Workshop on Integrity Verification
Process, Comment Extension

AGENCY: Pipeline and Hazardous Materials Safety Administration, DOT.

ACTION: Notice of extension of comment period.

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SUMMARY: On May 28, 2013, PHMSA published in the Federal Register a
notice announcing a public workshop on ``Integrity Verification
Process'' which took place on August 7, 2013. The notice also sought
comments on the proposed ``Integrity Verification Process.'' In
response to the comments received, PHMSA has made some revisions to the
proposed ``Integrity

Verification Process'' flowchart. PHMSA is using this notice to
announce the revised ``Integrity Verification Process'' flowchart and
extend the comment period from September 9, 2013, to October 7, 2013.

DATES: The closing date for filing comments is extended from September
9, 2013, to October 7, 2013.

COMMENTS: Comments should reference Docket No. PHMSA-2013-0119.
Comments may be submitted in the following ways:
     E-Gov Web site: http://www.regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140,
Washington, DC 20590.
    Hand Delivery: DOT Docket Management System, Room W12-140, on the
ground floor of the West Building, 1200 New Jersey Avenue SE.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
    Instructions: Identify the docket number at the beginning of your
comments. If you submit your comments by mail, submit two copies. If
you wish to receive confirmation that PHMSA has received your comments,
include a self-addressed stamped postcard. Internet users may submit
comments at http://www.regulations.gov.

    Note: Comments will be posted without changes or edits to http://www.regulations.gov including any personal information provided.
Please see the Privacy Act Statement heading below for additional
information.

    Privacy Act Statement: Anyone may search the electronic form of all
comments received for any of our dockets. You may review DOT's complete
Privacy Act Statement in the Federal Register published April 11, 2000,
(65 FR 19477).

FOR FURTHER INFORMATION CONTACT: Cameron Satterthwaite, Office of
Pipeline Safety, at<PHONE_NUMBER> or by email at
<EMAIL_ADDRESS>regarding the subject matter of this
notice.

SUPPLEMENTARY INFORMATION: On May 28, 2013, PHMSA published in the
Federal Register a notice (78 FR 32010) to solicit comments and
announce a public workshop regarding an ``Integrity Verification
Process.'' The public workshop was held on August 7, 2013. At the
workshop, PHMSA, the National Association of State Pipeline Safety
Representatives and various other stakeholders presented information
regarding the ``Integrity Verification Process'' that will help address
several mandates set forth in Section 23, Maximum Allowable Operating
Pressure, of the Pipeline Safety, Regulatory Certainty, and Job
Creation Act of 2011. Presentations, archived webcast, charts, and
other pertinent information have been made available online at http://www.phmsa.dot.gov/pipeline.
    In response to stakeholder feedback, PHMSA has made some revisions
to the proposed ``Integrity Verification Process.'' The revised
``Integrity Verification Process'' is available in the docket at
www.regulations.gov, Docket Number ``PHMSA-2013-0119''. In an effort to
provide the public with adequate time to comment on the proposed
revision, PHMSA is extending the comment period from September 9, 2013,
to October 7, 2013.

    Issued in Washington, DC, on September 6, 2013, under delegated
authority in 49 CFR 1.97.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2013-22161 Filed 9-11-13; 8:45 am]
BILLING CODE 4910-60-P