[Federal Register Volume 83, Number 64 (Tuesday, April 3, 2018)]
[Proposed Rules]
[Pages 14226-14232]
[FR Doc No: 2018-06739]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0065]
RIN 1625-AA00

Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to amend its safety zone regulations
for annual events in Coast Guard Sector Ohio Valley that are listed in
the SUPPLEMENTARY INFORMATION section in this document. This proposed
rule would add 23 new recurring safety zones and amend the event/
sponsor, dates, and/or regulated areas for 31 recurring safety zones
already listed in the current table. This action in necessary to
protect spectators, participants, and vessels from the hazards
associated with annual marine events. This proposed rulemaking would
restrict vessel traffic from the safety zones during the events unless
authorized by the Captain of the Port Sector Ohio Valley 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 April 18, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0065 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 on this proposed
rule, call or email Petty Officer Joshua Herriott, Sector Ohio Valley,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
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

    The Captain of the Port Sector Ohio Valley (COTP) proposes to amend
33 CFR 165.801 to update the table of annual fireworks displays and
other marine-related events in Coast Guard Sector Ohio Valley. The
current list of annual and recurring safety zones occurring in Sector
Ohio Valley is published in Table 1 of 33 CFR 165.801. That most recent
table was created through the final rule published on June 6, 2017 (82
FR 25965). The current table in 33 CFR 165.801 needs to be amended to
include new safety zones expected to recur annually or biannually and
provide new information on existing safety zones.
    The proposed annually recurring safety zones are necessary to
provide for the safety of life on navigable waters during the events.
Based on the nature of these marine events, large numbers of

participants and spectators, and event locations, the COTP has
determined that the events listed in this proposed rule could pose a
risk to participants or waterways users if the normal vessel traffic
were to interfere with the events. Possible hazards include risks of
injury or death from near or actual contact among participant vessels
and spectators or mariners traversing through the regulated area. In
order to protect the safety of all waterway users, including event
participants and spectators, this proposed rule would establish safety
zones for the time and location of each marine event.
    This purpose of this proposed rulemaking is to ensure the safety of
vessels on the navigable waters in the safety zones during the
scheduled events. Vessels would not be permitted to enter the safety
zone unless authorized by the COTP or a designated representative. The
Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.
    The Coast Guard is issuing this notice of proposed rulemaking
(NPRM) with a 15-day prior notice and opportunity to comment pursuant
to section (d)(3) of the Administrative Procedure Act (APA) (5 U.S.C.
553(d)). This provision authorizes an agency to publish a rule in less
than 30 days before its effective date for ``good cause found and
published with the rule.'' Under 5 U.S.C. 553(b)(B), the Coast Guard
finds that good cause exists for publishing this NPRM with a 15-day
comment period because it is impractical to provide a 30-day comment
period. These proposed safety zones are necessary to ensure the safety
of vessels and persons during the marine events. It is impracticable to
publish an NPRM with a 30-day comment period because we must establish
some of these updates as early as the end of April 2018. A 15-day
comment period would allow the Coast Guard to provide for public notice
and comment, but also update the safety zones soon enough that the
length of the notice and comment period does not compromise public
safety.

III. Discussion of the Proposed Rule

    The COTP proposes to amend its safety zone regulations for annual
events in Coast Guard Sector Ohio Valley listed in Table 1 of 33 CFR
165.801. This section requires amendment from time to time to properly
reflect the recurring safety zone regulations in Sector Ohio Valley.
This rule would add 23 new recurring safety zones and amend the event/
sponsor, dates, and/or regulated areas for 31 recurring safety zones
already listed in the current table. Other than these 23 new safety
zones and 31 changes to the event/sponsor, dates, and/or locations of
certain events, the regulations of 33 CFR 165.801 and the other
provisions in Table 1 of Sec.  165.801 would remain unchanged.
    The Coast Guard proposes to revise regulations at 33 CFR 165.801
Table 1 by adding 23 new safety zones. The 23 safety zones being added
to Table 1 are below:

----------------------------------------------------------------------------------------------------------------
               Date                   Event/sponsor             Ohio Valley location            Regulated area
----------------------------------------------------------------------------------------------------------------
1 day--Third week of November....  Gallipolis in        Gallipolis, OH.....................  Ohio River, Mile
                                    Lights.                                                   269.2-270 (Ohio).
1 day--One weekend in September..  Tribute to the       Point Pleasant, WV.................  Ohio River, Mile
                                    River.                                                    264.6-265.6 (West
                                                                                Virginia).
1 day--Labor Day or first week of  Labor Day Fireworks  Marmet, WV.........................  Kanawha River, Mile
 September.                         Show.                                                     67.5-68 (West
                                                                                Virginia).
1 day--One weekend in August.....  Ravenswood River     Ravenswood, WV.....................  Ohio River, Mile
                                    Festival.                                                 220-221 (West
                                                                                Virginia).
1 day--First weekend or week in    Queen's Landing      Greenup, KY........................  Ohio River, Mile
 July.                              Fireworks.                                                339.3-340.3 (West
                                                                                Virginia).
1 day--First weekend in June.....  Cumberland River     Nashville, TN......................  Cumberland River,
                                    Compact/Nashville                                         Mile 189.7-192.1
                                    Splash Bash.                                              (Tennessee).
1 day--Second weekend in           Nashville Symphony/  Nashville, TN......................  Cumberland River,
 September.                         Concert Fireworks.                                        Mile 190.1-192.3
                                                                                (Tennessee).
1 day--Second or third weekend in  Outdoor Chattanooga/ Chattanooga, TN....................  Tennessee River,
 October.                           Swim the Suck.                                            Mile 452.0-454.5
                                                                                (Tennessee).
1 day--Friday or Saturday after    Friends of the       Chattanooga, TN....................  Tennessee River,
 Thanksgiving.                      Festival/Cheer at                                         Mile 462.7-465.2
                                    the Pier.                                                 (Tennessee).
1 day--July 3rd..................  Chattanooga          Chattanooga, TN....................  Tennessee River,
                                    Presents/Pops on                                          Mile 462.7-465.2
                                    the River.                                                (Tennessee).
7 days--Scheduled home games.....  University of        Knoxville, TN......................  Tennessee River,
                                    Tennessee/UT                                              Mile 645.6-648.3
                                    Football Fireworks.                                       (Tennessee).
1 day--July 3rd..................  Randy Boyd/          Knoxville, TN......................  Tennessee River,
                                    Independence                                              Mile 625.0-628.0
                                    Celebration                                               (Tennessee).
                                    Fireworks Display.
1 day--Second weekend in           City of Clarksville/ Clarksville, TN....................  Cumberland River,
 September.                         Clarksville                                               Mile 124.5-127.0
                                    Riverfest.                                                (Tennessee).
1 day--Fourth weekend in October.  Chattajack.........  Chattanooga, TN....................  Tennessee River,
                                                                                Mile 462.7-465.5
                                                                                (Tennessee).
1 day--First week in May.........  Belterra Park        Cincinnati, OH.....................  Ohio River, Mile
                                    Gaming Fireworks.                                         460.0-462.0
                                                                                (Ohio).
1 day--First week of July........  Cincinnati Symphony  Cincinnati, OH.....................  Ohio River, Mile
                                    Orchestra.                                                460.0-462.0
                                                                                (Ohio).
1 day--First week in August......  Gliers Goetta Fest   Newport, KY........................  Ohio River, Mile
                                    LLC.                                                      469.0-471.0.
1 day--last 2 weekends in August/  Wheeling Dragon      Wheeling, WV.......................  Ohio River mile
 first week of September.           Boat Race.                                                90.4-91.5 (West
                                                                                Virginia).
1 day--week of July 4th..........  Chester Fireworks..  Chester, WV........................  Ohio River mile
                                                                                42.0-44.0 (West
                                                                                Virginia).
1 day--week of July 4th..........  Wheeling Symphony    Wheeling, WV.......................  Ohio River mile 90-
                                    fireworks.                                                92 (West
                                                                                Virginia).
1 day--First week of August......  Kittaning Folk       Kittanning, PA.....................  Allegheny River
                                    Festival.                                                 mile 44.0-46.0
                                                                                (Pennsylvania).
2 days--One weekend in August....  Powerboat Nationals- Parkersburg, WV....................  Ohio River mile
                                    Parkersburg                                               183.5-185.5 (West
                                    Regatta/                                                  Virginia).
                                    Parkersburg
                                    Homecoming
                                    Festival.

1 day--One weekend in August.....  Parkersburg          Parkersburg, WV....................  Ohio River mile
                                    Homecoming                                                183.5-185.5 (West
                                    Festival-Fireworks.                                       Virginia).
----------------------------------------------------------------------------------------------------------------

    The Coast Guard also proposes to revise regulations at 33 CFR
165.801 Table 1 by amending 31 existing safety zones listed in the
current table. The amendments involve changes to marine event dates
and/or regulated areas, with reference by line number to the current
Table 1 of 33 CFR 165.801. The 31 safety zones being amended are below:

----------------------------------------------------------------------------------------------------------------
                                                                                Revision (date/
  Line          Date         Sponsor/name     Sector Ohio Valley location      Safety zone           area)
----------------------------------------------------------------------------------------------------------------
3.......  2 days--Third    Thunder Over     Louisville, KY.................  Ohio River,      area.
           Friday and       Louisville/                                       Mile 601.0-
           Saturday in      Thunder Over                                      607.0
           April.           Louisville.                                       (Kentucky).
8.......  1 day--One       West Virginia    Charleston, WV.................  Kanawha River,   date.
           weekend in       Symphony                                          Mile 59.5-60.5
           June.            Orchestra/                                        (West
                            Symphony                                          Virginia).
                            Sunday.
9.......  1 day--Saturday  Riverfest/       Nitro, WV......................  Kanawha River,   area.
           before 4th of    Riverfest Inc.                                    Mile 43.1-44.2
           July.                                                              (West
                                                                              Virginia).
13......  1 day--Last      Riverview Park   Louisville, KY.................  Ohio River,      area.
           weekend in       Independence                                      Mile 617.5-
           June or first    Festival.                                         620.5
           weekend in                                                         (Kentucky).
           July.
17......  1 day--During    Louisville Bats  Louisville, KY.................  Ohio River,      area.
           the first week   Baseball Club/                                    Mile 602.0-
           of July.         Louisville                                        605.0
                            Bats Firework                                     (Kentucky).
                            Show.
18......  1 day--During    Waterfront       Louisville, KY.................  Ohio River,      date and area.
           the first week   Independence                                      Mile 602.0-
           of July.         Festival/                                         605.0
                            Louisville                                        (Kentucky).
                            Orchestra
                            Waterfront 4th.
19......  1 day--During    Celebration of   Owensboro, KY..................  Ohio River,      area.
           the first week   the American                                      Mile 754.0-
           of July.         Spirit                                            760.0
                            Fireworks/All                                     (Kentucky).
                            American 4th
                            of July.
20......  1 day--During    Riverfront       New Albany, IN.................  Ohio River,      area.
           the first week   Independence                                      Mile 606.5-
           of July.         Festival                                          609.6
                            Fireworks.                                        (Indiana).
21......  1 day--July 4th  Shoals Radio     Florence, AL...................  Tennessee        area.
                            Group/Spirit                                      River, Mile
                            of Freedom                                        254.5-257.4
                            Fireworks.                                        (Alabama).
22......  1 day--Saturday  Town of          Cumberland City, TN............  Cumberland       area.
           before July      Cumberland                                        River, Mile
           4th.             City/Lighting                                     103.0-105.5
                            up the                                            (Tennessee).
                            Cumberlands.
23......  1 day--July 4th  City of          Knoxville, TN..................  Tennessee        event/sponsor and
                            Knoxville/                                        River, Mile      area.
                            Knoxville                                         646.3-648.7
                            Festival on                                       (Tennessee).
                            the 4th.
24......  1 day--July 4th  Nashville NCVC/  Nashville, TN..................  Cumberland       area.
                            Independence                                      River, Mile
                            Celebration.                                      189.7-192.3
                                                                              (Tennessee).
25......  1 day--Saturday  Grand Harbor     Counce, TN.....................  Tennessee-       area.
           before July      Marina/Grand                                      Tombigbee
           4th, or          Harbor Marina                                     Waterway, Mile
           Saturday after   July 4th                                          448.5-451.0
           July 4th.        Celebration.                                      (Tennessee).
26......  1 day--One of    City of          Bellevue, KY...................  Ohio River,      date.
           the first two    Bellevue, KY/                                     Mile 468.2-
           weekends in      Bellevue Beach                                    469.2
           July.            Park Concert                                      (Kentucky and
                            Fireworks.                                        Ohio).
27......  2 days--Sunday   Cincinnati       Cincinnati, OH.................  Ohio River,      date.
           before Labor     Bell, WEBN,                                       Mile 469.2-
           Day and Labor    and Proctor                                       470.5
           Day.             and Gamble/                                       (Kentucky and
                            Riverfest.                                        Ohio) and
                                                                              Licking River
                                                                              Mile 0.0-3.0
                                                                              (Kentucky).
30......  1 day--First     City of          Charleston, WV.................  Kanawha River,   date.
           week or          Charleston/                                       Mile 58.1-59.1
           weekend in       City of                                           (West
           July.            Charleston                                        Virginia).
                            Independence
                            Day
                            Celebration.
31......  1 day--First     Portsmouth       Portsmouth, OH.................  Ohio River,      event/sponsor and
           week or          River Days.                                       Mile 355.5-      date.
           weekend in                                                         356.5 (Ohio).
           July.
39......  3 days--One of   Hadi Shrine/     Evansville, IN.................  Ohio River,      date and area.
           the last three   Evansville                                        Miles 790.0-
           weekends in      Freedom                                           796.0
           June.            Festival Air                                      (Indiana).
                            Show.
40......  1 day--Second    Friends of the   Chattanooga, TN................  Tennessee        area.
           or third         Festival, Inc./                                   River, Mile
           Saturday in      Riverbend                                         462.7-465.2
           June, the last   Festival                                          (Tennessee).
           day of the       Fireworks.
           Riverbend
           Festival.
41......  2 days--Second   City of          Newport, KY....................  Ohio River,      area.
           Friday and       Newport, KY/                                      Miles 468.6-
           Saturday in      Italianfest.                                      471.0
           June.                                                              (Kentucky and
                                                                              Ohio).
42......  1 day--Last      City of Aurora/  Aurora, IN.....................  Ohio River       date.
           weekend in       Aurora                                            Mile, 496.7;
           June or first    Firecracker                                       1400 ft.
           weekend in       Festival.                                         radius from
           July.                                                              the
                                                                              Consolidated
                                                                              Grain Dock
                                                                              located along
                                                                              the State of
                                                                              Indiana
                                                                              shoreline at
                                                                              (Indiana and
                                                                              Kentucky).
47......  1 day--Week of   EQT Pittsburgh   Pittsburgh, PA.................  Ohio River mile  event/sponsor.
           July 4th.        4th of July                                       0.0-0.5,
                            fireworks.                                        Monongahela
                                                                              River mile 0.0-
                                                                              0.5, Allegheny
                                                                              River mile 0.0-
                                                                              0.5.
50......  1 day--Last      Evansville       Evansville, IN.................  Ohio River,      date and area.
           weekend in       Freedom                                           Miles 790.0-
           June or first    Celebration/                                      796.0
           week in July.    4th of July                                       (Indiana).
                            Fireworks.
51......  1 day--One of    Madison          Madison, IN....................  Ohio River,      area.
           the first two    Regatta, Inc./                                    Miles 554.0-
           weekends in      Madison                                           561.0
           July.            Regatta.                                          (Indiana).
53......  2 days--One      Marietta         Marietta, OH...................  Ohio River,      date.
           weekend in       Riverfront                                        Mile 171.6-
           July.            Roar Fireworks.                                   172.6 (Ohio).
54......  1 day--First     Gallia County    Gallipolis, OH.................  Ohio River,      date.
           week or          Chamber of                                        Mile 269.5-
           weekend in       Commerce/                                         270.5 (Ohio).
           July.            Gallipolis
                            River
                            Recreation
                            Festival.
55......  1 day--First     Kindred          Huntington, WV.................  Ohio River,      date.
           week or          Communications/                                   Mile 307.8-
           weekend in       Dawg Dazzle.                                      308.8 (West
           July.                                                              Virginia).
59......  1 day--One       Ohio River       Marietta, OH...................  Ohio River,      date.
           weekend in       Sternwheel                                        Mile 171.5-
           September.       Festival                                          172.5 (Ohio).
                            Committee
                            fireworks.

60......  1 day--Second    Leukemia and     Nashville, TN..................  Cumberland       area.
           weekend of       Lymphoma                                          River, Mile
           October.         Society/Light                                     189.7-192.1
                            the Night Walk                                    (Tennessee).
                            Fireworks.
61......  1 day--One       West Virginia    Charleston, WV.................  Kanawha River,   date.
           weekend in       Motor Car                                         Mile 58-59
           October.         Festival.                                         (West
                                                                              Virginia).
69......  1 day--Last      Newburgh         Newburgh, IN...................  Ohio River,      date.
           week in June     Fireworks                                         Mile 777.3-
           or first week    Display.                                          778.3
           of July.                                                           (Indiana).
----------------------------------------------------------------------------------------------------------------

    The amendments to this rule are necessary to ensure the safety of
vessels and people during annual events taking place on or near
navigable waters in Sector Ohio Valley. Although this proposed rule
would be in effect year-round, the specific safety zones listed in
Table 1 of 33 CFR 165.801 would only be enforced during a specified
period of time coinciding with the happening of the annual events
listed. In accordance with the regulations listed in 33 CFR 165.801(a)-
(d), entry into these safety zones is prohibited unless authorized by
the COTP or a designated representative. The regulatory text of the
updated Table 1 of Sec.  165.801 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 13771 directs agencies to control
regulatory costs through a budgeting process. 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 (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 duration of the safety zones. These safety zones are
limited in size and duration, and are usually positioned away from high
vessel traffic zones. Moreover, the Coast Guard would issue a Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the zones, and
the rule would allow vessels to seek permission to enter the zones.

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 will not have a significant economic impact on a
substantial number of small entities.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed 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 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 proposed 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 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 (NEPA) (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. Normally such actions are
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
preliminary Record of Environmental Consideration supporting this
determination is available in the docket where indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

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, visit http://www.regulations.gov/privacyNotice.
    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 website'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 U.S. 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. In Sec.  165.801, revise Table 1 to read as follows:

Sec.  165.801  Annual fireworks displays and other events in the Eighth
Coast Guard District requiring safety zones.

* * * * *

                 Table 1 of Sec.   165.801--Sector Ohio Valley Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                  Sector Ohio Valley
               Date                        Sponsor/name                location               Safety zone
----------------------------------------------------------------------------------------------------------------
1. Multiple days--April through     Pittsburgh Pirates/         Pittsburgh, PA.......  Allegheny River, Mile 0.2-
 November.                           Pittsburgh Pirates                                 0.9 (Pennsylvania).
                                     Fireworks.
2. Multiple days--April through     Cincinnati Reds/Cincinnati  Cincinnati, OH.......  Ohio River, Mile 470.1-
 November.                           Reds Season Fireworks.                             470.4; extending 500 ft.
                                                                                from the State of Ohio
                                                                                shoreline (Ohio).
3. 2 days--Third Friday and         Thunder Over Louisville/    Louisville, KY.......  Ohio River, Mile 601.0-
 Saturday in April.                  Thunder Over Louisville.                           607.0 (Kentucky).
4. Last Sunday in May.............  Friends of Ironton........  Ironton, OH..........  Ohio River, Mile 326.7-
                                                                                327.7 (Ohio).
5. 1 day--A Saturday in July......  Paducah Parks and           Paducah, KY..........  Ohio River, Mile 934.0-
                                     Recreation Department/                             936.0 (Kentucky).
                                     Cross River Swim.
6. 1 day--First or second weekend   Bellaire All-American Days  Bellaire, OH.........  Ohio River, Mile 93.5-
 in June.                                                                               94.5 (Ohio).
7. 2 days--Second weekend of June.  Rice's Landing Riverfest..  Rices Landing, PA....  Monongahela River, Mile
                                                                                68.0-68.8
                                                                                (Pennsylvania).
8. 1 day--One weekend in June.....  West Virginia Symphony      Charleston, WV.......  Kanawha River, Mile 59.5-
                                     Orchestra/Symphony Sunday.                         60.5 (West Virginia).
9. 1 day--Saturday before 4th of    Riverfest/Riverfest Inc...  Nitro, WV............  Kanawha River, Mile 43.1-
 July.                                                                                44.2 (West Virginia).
10. 1 day--First week or weekend    Greenup City..............  Greenup, KY..........  Ohio River, Mile 335.2-
 in July.                                                                               336.2 (Kentucky).
11. 1 day--First week or weekend    Middleport Community        Middleport, OH.......  Ohio River, Mile 251.5-
 in July.                            Association.                                       252.5 (Ohio).
12. 1 day--First week or weekend    People for the Point Party  South Point, OH......  Ohio River, Mile 317-318
 in July.                            in the Park.                                       (Ohio).
13. 1 day--Last weekend in June or  Riverview Park              Louisville, KY.......  Ohio River, Mile 617.5-
 first weekend in July.              Independence Festival.                             620.5 (Kentucky).
14. 1 day--Third or fourth week in  Upper Ohio Valley Italian   Wheeling, WV.........  Ohio River, Mile 90.0-
 July.                               Heritage Festival/Upper                            90.5 (West Virginia).
                                     Ohio Valley Italian
                                     Heritage Festival
                                     Fireworks.
15. 1 day--4th or 5th of July.....  City of Cape Girardeau      Cape Girardeau, MO...  Upper Mississippi River,
                                     July 4th Fireworks Show                            Mile 50.0-52.0.
                                     on the River.
16. 1 day--Third or fourth of July  Harrah's Casino/Metropolis  Metropolis, IL.......  Ohio River, Mile 942.0-
                                     Fireworks.                                         945.0 (Illinois).
17. 1 day--During the first week    Louisville Bats Baseball    Louisville, KY.......  Ohio River, Mile 602.0-
 of July.                            Club/Louisville Bats                               605.0 (Kentucky).
                                     Firework Show.
18. 1 day--During the first week    Waterfront Independence     Louisville, KY.......  Ohio River, Mile 602.0-
 of July.                            Festival/Louisville                                605.0 (Kentucky).
                                     Orchestra Waterfront 4th.
19. 1 day--During the first week    Celebration of the          Owensboro, KY........  Ohio River, Mile 754.0-
 of July.                            American Spirit Fireworks/                         760.0 (Kentucky).
                                     All American 4th of July.
20. 1 day--During the first week    Riverfront Independence     New Albany, IN.......  Ohio River, Mile 606.5-
 of July.                            Festival Fireworks.                                609.6 (Indiana).
21. 1 day--July 4th...............  Shoals Radio Group/Spirit   Florence, AL.........  Tennessee River, Mile
                                     of Freedom Fireworks.                              254.5-257.4 (Alabama).
22. 1 day--Saturday before July     Town of Cumberland City/    Cumberland City, TN..  Cumberland River, Mile
 4th.                                Lighting up the                                    103.0-105.5 (Tennessee).
                                     Cumberlands.
23. 1 day--July 4th...............  City of Knoxville/          Knoxville, TN........  Tennessee River, Mile
                                     Knoxville Festival on the                          646.3-648.7 (Tennessee).
                                     4th.
24. 1 day--July 4th...............  Nashville NCVC/             Nashville, TN........  Cumberland River, Mile
                                     Independence Celebration.                          189.7-192.3 (Tennessee).
25. 1 day--Saturday before July     Grand Harbor Marina/Grand   Counce, TN...........  Tennessee-Tombigbee
 4th, or Saturday after July 4th.    Harbor Marina July 4th                             Waterway, Mile 448.5-
                                     Celebration.                                       451.0 (Tennessee).
26. 1 day--One of the first two     City of Bellevue, KY/       Bellevue, KY.........  Ohio River, Mile 468.2-
 weekends in July.                   Bellevue Beach Park                                469.2 (Kentucky and
                                     Concert Fireworks.                                 Ohio).

27. 2 days--Sunday before Labor     Cincinnati Bell, WEBN, and  Cincinnati, OH.......  Ohio River, Mile 469.2-
 Day and Labor Day.                  Proctor and Gamble/                                470.5 (Kentucky and
                                     Riverfest.                                         Ohio) and Licking River
                                                                                Mile 0.0-3.0 (Kentucky).
28. 1 day--July 4th...............  Summer Motions Inc./Summer  Ashland, KY..........  Ohio River, Mile 322.1-
                                     Motion.                                            323.1 (Kentucky).
29. 1 day--Last weekend in June or  City of Point Pleasant/     Point Pleasant, WV...  Ohio River, Mile 265.2-
 First weekend in July.              Point Pleasant Sternwheel                          266.2, Kanawha River
                                     Fireworks.                                         Mile 0.0-0.5 (West
                                                                                Virginia).
30. 1 day--First week or weekend    City of Charleston/City of  Charleston, WV.......  Kanawha River, Mile 58.1-
 in July.                            Charleston Independence                            59.1 (West Virginia).
                                     Day Celebration.
31. 1 day--First week or weekend    Portsmouth River Days.....  Portsmouth, OH.......  Ohio River, Mile 355.5-
 in July.                                                                               356.5 (Ohio).
32. 1 day--Second Saturday in       Guyasuta Days Festival/     Pittsburgh, PA.......  Allegheny River, Mile
 August.                             Borough of Sharpsburg.                             005.5-006.0
                                                                                (Pennsylvania).
33. 1 day--Second or third week of  Pittsburgh Foundation/Bob   Pittsburgh, PA.......  Ohio River, Mile 0.0-0.5
 August.                             O'Connor Cookie Cruise.                            (Pennsylvania).
34. 1 day--Second full week of      PA FOB Fireworks Display..  Pittsburgh, PA.......  Allegheny River, Mile 0.8-
 August.                                                                                1.0 (Pennsylvania).
35. 1 day--Third week of August...  Beaver River Regatta        Beaver, PA...........  Ohio River, Mile 25.2-
                                     Fireworks.                                         25.8 (Pennsylvania).
36. 1 day--December 31............  Pittsburgh Cultural Trust/  Pittsburgh, PA.......  Allegheny River Mile, 0.5-
                                     Highmark First Night                               1.0 (Pennsylvania).
                                     Pittsburgh.
37. 1 day--Friday before            Pittsburgh Downtown         Pittsburgh, PA.......  Allegheny River, Mile 0.0-
 Thanksgiving.                       Partnership/Light Up                               1.0 (Pennsylvania).
                                     Night.
38. Multiple days--April through    Pittsburgh Riverhounds/     Pittsburgh, PA.......  Monongahela River, Mile
 November.                           Riverhounds Fireworks.                             0.22-0.77
                                                                                (Pennsylvania).
39. 3 days--One of the last three   Hadi Shrine/Evansville      Evansville, IN.......  Ohio River, Miles 790.0-
 weekends in June.                   Freedom Festival Air Show.                         796.0 (Indiana).
40. 1 day--Second or third          Friends of the Festival,    Chattanooga, TN......  Tennessee River, Mile
 Saturday in June, the last day of   Inc./Riverbend Festival                            462.7-465.2 (Tennessee).
 the Riverbend Festival.             Fireworks.
41. 2 days--Second Friday and       City of Newport, KY/        Newport, KY..........  Ohio River, Miles 468.6-
 Saturday in June.                   Italianfest.                                       471.0 (Kentucky and
                                                                                Ohio).
42. 1 day--Last weekend in June or  City of Aurora/Aurora       Aurora, IN...........  Ohio River Mile, 496.7;
 first weekend in July.              Firecracker Festival.                              1400 ft. radius from the
                                                                                Consolidated Grain Dock
                                                                                located along the State
                                                                                of Indiana shoreline at
                                                                                (Indiana and Kentucky).
43. 1 day--second weekend in June.  City of St. Albans/St.      St. Albans, WV.......  Kanawha River, Mile 46.3-
                                     Albans Town Fair.                                  47.3 (West Virginia).
44. 1 day--Last week of June or     PUSH Beaver County/Beaver   Beaver, PA...........  Ohio River, Mile 25.2-
 first week of July.                 County Boom.                                       25.6 (Pennsylvania).
45. 1 day--4th of July (Rain date-- Monongahela Area Chamber    Monongahela, PA......  Monongahela River, Mile
 July 5th).                          of Commerce/Monongahela                            032.0-033.0
                                     4th of July Celebration.                           (Pennsylvania).
46. 1 day--Saturday Third or        Oakmont Yacht Club/Oakmont  Oakmont, PA..........  Allegheny River, Mile
 Fourth full week of July (Rain      Yacht Club Fireworks.                              12.0-12.5
 date--following Sunday).                                                               (Pennsylvania).
47. 1 day--Week of July 4th.......  EQT 4th of July             Pittsburgh, PA.......  Ohio River, Mile 0.0-0.5,
                                     Celebration.                                       Allegheny River, Mile
                                                                                0.0-0.5, and Monongahela
                                                                                River, Mile 0.0-0.5
                                                                                (Pennsylvania).
48. 1 day--3rd or 4th of July.....  City of Paducah, KY.......  Paducah, KY..........  Ohio River, Mile 934.0-
                                                                                936.0; Tennessee River,
                                                                                mile 0.0-1.0 (Kentucky).
49. 1 day--3rd or 4th of July.....  City of Hickman, KY.......  Hickman, KY..........  Lower Mississippi River,
                                                                                Mile 921.0-923.0
                                                                                (Kentucky).
50. 1 day--Last weekend in June or  Evansville Freedom          Evansville, IN.......  Ohio River, Miles 790.0-
 first week in July.                 Celebration/4th of July                            796.0 (Indiana).
                                     Fireworks.
51. 1 day--One of the first two     Madison Regatta, Inc./      Madison, IN..........  Ohio River, Miles 554.0-
 weekends in July.                   Madison Regatta.                                   561.0 (Indiana).
52. 1 day--July 4th...............  Cities of Cincinnati, OH    Newport, KY..........  Ohio River, Miles 469.6-
                                     and Newport, KY/July 4th                           470.2 (Kentucky and
                                     Fireworks.                                         Ohio).
53. 2 days--One weekend in July...  Marietta Riverfront Roar    Marietta, OH.........  Ohio River, Mile 171.6-
                                     Fireworks.                                         172.6 (Ohio).
54. 1 day--First week or weekend    Gallia County Chamber of    Gallipolis, OH.......  Ohio River, Mile 269.5-
 in July.                            Commerce/Gallipolis River                          270.5 (Ohio).
                                     Recreation Festival.
55. 1 day--First week or weekend    Kindred Communications/     Huntington, WV.......  Ohio River, Mile 307.8-
 in July.                            Dawg Dazzle.                                       308.8 (West Virginia).
56. Multiple days--September        University of Pittsburgh    Pittsburgh, PA.......  Ohio River mile 0.0-0.1,
 through January.                    Athletic Department/                               Monongahela River mile
                                     University of Pittsburgh                           0.0-0.1, Allegheny River
                                     Fireworks.                                         mile 0.0-0.25
                                                                                (Pennsylvania).
57. Sunday, Monday, or Thursday     Pittsburgh Steelers         Pittsburgh, PA.......  Allegheny River mile 0.0-
 from August through February.       Fireworks.                                         0.25, Ohio River mile
                                                                                0.0-0.1, Monongahela
                                                                                River mile 0.0-0.1.
58. 3 days--Third week in           Wheeling Heritage Port      Wheeling, WV.........  Ohio River, Mile 90.2-
 September.                          Sternwheel Festival                                90.7 (West Virginia).
                                     Foundation/Wheeling
                                     Heritage Port Sternwheel
                                     Festival.
59. 1 day--One weekend in           Ohio River Sternwheel       Marietta, OH.........  Ohio River, Mile 171.5-
 September.                          Festival Committee                                 172.5 (Ohio).
                                     fireworks.
60. 1 day--Second weekend of        Leukemia and Lymphoma       Nashville, TN........  Cumberland River, Mile
 October.                            Society/Light the Night                            189.7-192.1 (Tennessee).
                                     Walk Fireworks.
61. 1 day--One weekend in October.  West Virginia Motor Car     Charleston, WV.......  Kanawha River, Mile 58-59
                                     Festival.                                          (West Virginia).
62. 1 day--Friday before            Kittanning Light Up Night   Kittanning, PA.......  Allegheny River, Mile
 Thanksgiving.                       Firework Display.                                  44.5-45.5
                                                                                (Pennsylvania).
63. 1 day--First week in October..  Leukemia & Lymphoma         Pittsburgh, PA.......  Ohio River, Mile 0.0-0.4
                                     Society/Light the Night.                           (Pennsylvania).
64. 1 day--Friday before            Duquesne Light/Santa        Pittsburgh, PA.......  Monongahela River, Mile
 Thanksgiving.                       Spectacular.                                       0.00-0.22, Allegheny
                                                                                River, Mile 0.00-0.25,
                                                                                and Ohio River, Mile 0.0-
                                                                                0.3 (Pennsylvania).

65. 1 day--During the first two     City of Maysville           Maysville, KY........  Ohio River, Mile
 weeks of July.                      Fireworks.                                        408-409 (Kentucky).
66. 1 day--Saturday before          Venture Outdoors/Venture    Pittsburgh, PA.......  Allegheny River, Mile 0.0-
 Memorial Day.                       Outdoors Festival.                                 0.25; Monongahela River,
                                                                                Mile 0.0-0.25
                                                                                (Pennsylvania).
67. 1 day--Third Saturday in July.  Pittsburgh Irish Rowing     Pittsburgh, PA.......  Ohio River, Mile 7.0-9.0
                                     Club/St. Brendan's Cup                             (Pennsylvania).
                                     Currach Regatta.
68. 1 day--July 4th...............  Wellsburg 4th of July       Wellsburg, WV........  Ohio River, Mile 73.5-
                                     Committee/Wellsburg 4th                            74.5 (West Virginia).
                                     of July Freedom
                                     Celebration.
69. 1 day--Last week in June or     Newburgh Fireworks Display  Newburgh, IN.........  Ohio River, Mile 777.3-
 first week of July.                                                                    778.3 (Indiana).
70. 3 days--Third or Fourth         Henderson Tri-Fest/         Henderson, KY........  Ohio River, Mile 802.5-
 weekend in April.                   Henderson Breakfast Lions                          805.5 (Kentucky).
                                     Club.
71. 1 day--Third week of November.  Gallipolis in Lights......  Gallipolis, OH.......  Ohio River, Mile 269.2-
                                                                                270 (Ohio).
72. 1 day--One weekend in           Tribute to the River......  Point Pleasant, WV...  Ohio River, Mile 264.6-
 September.                                                                             265.6 (West Virginia).
73. 1 day--Labor Day or first week  Labor Day Fireworks Show..  Marmet, WV...........  Kanawha River, Mile 67.5-
 of September.                                                                          68 (West Virginia).
74. 1 day--One weekend in August..  Ravenswood River Festival.  Ravenswood, WV.......  Ohio River, Mile 220-221
                                                                                (West Virginia).
75. 1 day--First weekend or week    Queen's Landing Fireworks.  Greenup, KY..........  Ohio River, Mile 339.3-
 in July.                                                                               340.3 (West Virginia).
76. 1 day--First weekend in June..  Cumberland River Compact/   Nashville, TN........  Cumberland River, Mile
                                     Nashville Splash Bash.                             189.7-192.1 (Tennessee).
77. 1 day--Second weekend in        Nashville Symphony/Concert  Nashville, TN........  Cumberland River, Mile
 September.                          Fireworks.                                         190.1-192.3 (Tennessee).
78. 1 day--Second or third weekend  Outdoor Chattanooga/Swim    Chattanooga, TN......  Tennessee River, Mile
 in October.                         the Suck.                                          452.0-454.5 (Tennessee).
79. 1 day--Friday or Saturday       Friends of the Festival/    Chattanooga, TN......  Tennessee River, Mile
 after Thanksgiving.                 Cheer at the Pier.                                 462.7-465.2 (Tennessee).
80. 1 day--July 3rd...............  Chattanooga Presents/Pops   Chattanooga, TN......  Tennessee River, Mile
                                     on the River.                                      462.7-465.2 (Tennessee).
81. 7 days--Scheduled home games..  University of Tennessee/UT  Knoxville, TN........  Tennessee River, Mile
                                     Football Fireworks.                                645.6-648.3 (Tennessee).
82. 1 day--July 3rd...............  Randy Boyd/Independence     Knoxville, TN........  Tennessee River, Mile
                                     Celebration Fireworks                              625.0-628.0 (Tennessee).
                                     Display.
83. 1 day--Second weekend in        City of Clarksville/        Clarksville, TN......  Cumberland River, Mile
 September.                          Clarksville Riverfest.                             124.5-127.0 (Tennessee).
84. 1 day--Fourth weekend in        Chattajack................  Chattanooga, TN......  Tennessee River, Mile
 October.                                                                               462.7-465.5 (Tennessee).
85. 1 day--First week in May......  Belterra Park Gaming        Cincinnati, OH.......  Ohio River, Mile 460.0-
                                     Fireworks.                                         462.0 (Ohio).
86. 1 day--First week of July.....  Cincinnati Symphony         Cincinnati, OH.......  Ohio River, Mile 460.0-
                                     Orchestra.                                         462.0 (Ohio).
87. 1 day--First week in August...  Gliers Goetta Fest LLC....  Newport, KY..........  Ohio River, Mile 469.0-
                                                                                471.0.
88. 1 day--last 2 weekends in       Wheeling Dragon Boat Race.  Wheeling, WV.........  Ohio River mile 90.4-91.5
 August/first week of September.                                                        (West Virginia).
89. 1 day--week of July 4th.......  Wheeling Symphony           Wheeling, WV.........  Ohio River mile 90-92
                                     fireworks.                                         (West Virginia).
90. 1 day--week of July 4th.......  Chester Fireworks.........  Chester, WV..........  Ohio River mile 42.0-44.0
                                                                                (West Virginia).
91. 1 day--First week of August...  Kittaning Folk Festival...  Kittanning, PA.......  Allegheny River mile 44.0-
                                                                                46.0 (Pennsylvania).
92. 2 days--One weekend in August.  Powerboat Nationals--       Parkersburg, WV......  Ohio River mile 183.5-
                                     Parkersburg Regatta/                               185.5 (West Virginia).
                                     Parkersburg Homecoming
                                     Festival.
93. 1 day--One weekend in August..  Parkersburg Homecoming      Parkersburg, WV......  Ohio River mile 183.5-
                                     Festival--Fireworks.                               185.5 (West Virginia).
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: March 27, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-06739 Filed 4-2-18; 8:45 am]
 BILLING CODE 9110-04-P


North Carolina Recommendation for Person County The purpose of this paper is to discuss the rationale for recommending the township of Bushy Fork in Person County, rather than the entire county, as nonattainment for the 8 hour ozone standard.

  First, this area has a marginal 8 hour ozone problem, with a design value in 2000 2002 of 0.090 ppm, and a design value in 2001 2003 of 0.091 ppm.   Second, based on 1997 emissions inventories, Person County has 221.37 tons per day of NOx ( state total is 2529 tons per day) and the county has 7.11 tons per day of VOC ( state total is 1842 tons per day   anthropogenic only). The majority of the NOx ( 217.72 tons per day) comes from two major NOx utility sources in Person County ( Roxboro and Mayo facilities) that are subject to the NOx SIP Call and the Clean Smokestacks Act. The expected NOx emissions in 2007 from the Roxboro and Mayo facilities are 23 and 6 tons per day, respectively. The next largest source of NOx emissions is from mobile sources ( 2.14 tons per day), and the combined Federal and State control programs will address these emissions. Low sulfur gasoline will be required statewide.   Third, 35,623 people live in Person County, 2,353 people live in the townships recommended as nonattainment. The entire county is very rural, with 4 large census tracts of 50 100 people per square mile. The two remaining small tracts have 250 500 people per square mile. The area recommended as nonattainment is adjacent to Orange County nonattainment area and the monitor is located in the Bushy Fork township.   Winds in Person County are climatologically from the southwest during the ozone season. With this climatological wind pattern, the county is not in an upwind sector that would routinely have an impact on air quality in any portion of North Carolina. On the days when the monitor exceeds the 8 hour standard, it appears to be measuring the urban plume or pollution from the other urban areas, particularly the Triad, and on a limited number of days, the Triangle. As the pollution in the nearest urban areas is reduced, and as controls required by the NOx SIP Call and the Clean Smokestacks Act are implemented, the monitor should observe lower ozone levels.   Finally, North Carolina expects this area to attain by 2007 based on the most recent air quality modeling analysis. The future ( 2007) design value  which is based on an application of the US EPA's modeled attainment test  at the monitor in Person County ( Bushy Fork) is projected to be 0.078 ppm.   Based on the information presented above, North Carolina continues to believe this is an appropriate boundary for this region. This site is clearly a " downwind" area from the emissions of any consequence and the Bushy Fork monitor was sited at that location to be the downwind monitor for the upwind source area that North Carolina is recommending for non attainment. The county is a rural county. Additionally, the major sources in the county will be reducing the NOx emissions significantly due to compliance with the NOx SIP Call and the Clean Smokestacks Act.


[Federal Register Volume 86, Number 203 (Monday, October 25, 2021)]
[Notices]
[Pages 58905-58906]
[FR Doc No: 2021-23122]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2015-0688; FRL-9137-01-OMS]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Allegations of Significant Adverse Reactions
to Human Health or the Environment (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), ``Allegations of Significant
Adverse Reactions to Human Health or the Environment'' (EPA ICR Number
1031.12 and OMB Control Number 2070-0017) 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 October 31, 2021. Public comments were
previously requested via the Federal Register on March 29, 2021 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
not conduct or sponsor and a person is not required to respond to a
collection of information unless it displays a currently valid OMB
control number.

DATES: Additional comments may be submitted on or before November 24,
2021.

ADDRESSES: Submit your comments to EPA, referencing Docket ID No. EPA-
HQ-OPPT-2015-0688, 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 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.
    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: Virginia Lee, Data Gathering and
Analysis Division (7401M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected].

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, WJC 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: Under section 8(c) of the Toxic Substances Control Act
(TSCA), 15 U.S.C. 2607(c), companies that manufacture, process, or
distribute chemicals are required to maintain records of significant
adverse reactions to health or the environment alleged to have been
caused by such chemicals. Since TSCA section 8(c) includes no automatic
reporting provision, EPA can obtain and use the information contained
in company files only by inspecting those files or requiring reporting
of records that relate to specific substances of concern. Therefore,
under certain conditions, and using the provisions found in 40 CFR part
717, EPA may require companies to report such allegations to the
Agency. EPA uses such information on a case specific basis to
corroborate suspected adverse health or environmental effects of
chemicals already under review by EPA. The information is also useful
to identify trends of adverse effects across the industry that may not
be apparent to any one chemical company. This ICR addresses the
information reporting and

recordkeeping requirements found in 40 CFR part 717. Respondents may
claim all or part of a notice confidential.
    Form Numbers: None.
    Respondents/Affected Entities: Companies that manufacture, process,
import, or distribute in commerce chemical substances or mixtures.
    Respondent's obligation to respond: Mandatory (40 CFR part 717).
    Estimated number of respondents: 13,160 (total).
    Frequency of response: 1.
    Total Estimated burden: 25,527 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total Estimated cost: $4,701,622 (per year) includes $0 annualized
capital or operation and maintenance costs.
    Changes in the Estimates: There is no change in the estimated
annual burden compared with the ICR currently approved by OMB. There
is, however, an increase in the estimated total burden cost from
$1,987,487 to $4,701,622 that is related to an adjustment in the burden
cost calculation associated with projected compliance determination
activities. This change is an adjustment.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2021-23122 Filed 10-22-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Notices]
[Pages 37371-37372]
[FR Doc No: 2019-16217]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86471; File No. SR-EMERALD-2019-26]

Self-Regulatory Organizations; MIAX Emerald, LLC; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Make
Corrective Edits to Exchange Rule 503, Openings on the Exchange

July 25, 2019.
    Pursuant to the provisions of Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that on July 16, 2019, MIAX Emerald, LLC (``MIAX
Emerald'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') a proposed rule change as described in
Items I, II, and III below, which Items have been prepared by the
Exchange. The Commission is publishing this notice to solicit comments
on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 503,
Openings on the Exchange, to make minor non-substantive corrective
edits to the rule text.
    The text of the proposed rule change is available on the Exchange's
website at http://www.miaxoptions.com/rule-filings/emerald at MIAX
Emerald's principal office, and at the Commission's Public Reference
Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Exchange Rule 503, Openings on the
Exchange, to make minor non-substantive corrective edits to the rule
text. Currently, subsection (b) of Exchange Rule 503 provides as
follows:
    The procedure described in this Rule will be used to reopen an
option class after a trading halt. The order types that may participate
in the opening process are set forth in Rule 516 (the ``Opening
Process''). Post-Only OQs may participate in the Opening Process,
however, the Post-Only instruction will be ignored for Post-Only OQs
that participate in the Opening Process.
    The Exchange proposes to relocate the parenthetical ``(the
``Opening Process'')'' from the end of the second sentence in
subsection (b) to immediately follow the first time the lowercased
words ``opening process'' appear in that subsection. This is because
the term ``Opening Process'' is a capitalized, defined term that is
used throughout the rest of the rule text. Further, Exchange Rule 516
is titled ``Order Types Defined,'' and is not the correct rule citation
for the Opening Process. Accordingly, because it is not the correct
title for the citation to Exchange Rule 516, the Exchange also proposes
to relocate the parenthetical ``(the ``Opening Process'')'' from the
end of the second sentence of subsection (b) and replace it with the
correct text for the title of Exchange Rule 516, Order Types Defined.
With the proposed changes, subsection (b) will provide as follows:

    The procedure described in this Rule will be used to reopen an
option class after a trading halt. The order types that may participate
in the opening process (the ``Opening Process'') are set forth in Rule
516, Order Types Defined. Post-Only OQs may participate in the Opening
Process, however, the Post-Only instruction will be ignored for Post-
Only OQs that participate in the Opening Process.
    The Exchange does not propose to make any further changes or
substantive changes.
2. Statutory Basis
    The Exchange believes that its proposed rule change is consistent
with Section 6(b) of the Act \3\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \4\ in particular, in that it
is designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, to remove impediments to and perfect the
mechanisms of a free and open market and a national market system and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes its proposal to relocate the parenthetical
``(the ``Opening Process'')'' from the end of the second sentence in
subsection (b) of Exchange Rule 503 and then replace the citation to
Exchange Rule 516 with the correct title, removes impediments to and
perfects the mechanisms of a free and open market by providing an
accurate citation to Exchange Rule 516 and accurately defining a
capitalized term throughout the Exchange's rulebook. The Exchange
believes clarity and transparency benefits investors and the public and
allows investors and the public to make informed decisions regarding
the submission of orders to the Exchange and eliminates the potential
for confusion.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The Exchange does not believe
that the proposed rule change will impose any burden on inter-market
competition as the proposed rule changes make minor, non-substantive
corrective edits to the rule text and clarify a citation in Exchange
Rule 503 to Exchange Rule 516, as well as to the defined term, the
``Opening Process.''
    Additionally, the Exchange does not believe that the proposed rule
change will impose any burden on intra-market competition as the
proposed changes affect all market participants equally, and only seek
to clarify an incorrect citation in the Exchange's rulebook and
capitalize a defined term. The Exchange does not believe that the
proposed changes impose a burden on intra-market competition as the
proposed changes are designed to provide clarity in the Exchange's
rules and are not intended to influence competition among Members or
market participants.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to 19(b)(3)(A) of the Act \5\ and Rule 19b-4(f)(6) \6\
thereunder.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
    \6\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-EMERALD-2019-26 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-EMERALD-2019-26. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549, on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-EMERALD-2019-26 and should be submitted
on or before August 21, 2019.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\7\
---------------------------------------------------------------------------

    \7\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-16217 Filed 7-30-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: December 30, 2008 (Volume 73, Number 250)]
[Notices]
[Page 79875-79876]
[DOCID:fr30de08-78]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER96-1361-013, ER99-2781-011, ER98-4138-009, ER00-1770-
019, ER02-453-010, ER98-3096-015, ER07-903-002, ER05-1054-003, ER01-
202-008, ER04-472-007]

Atlantic City Electric Company, Delmarva Power & Light Company,
Potomac Electric Power Company, Conectiv Energy Supply, Inc., Conectiv
Atlantic Generation, LLC, Conectiv Delmarva, Generation LLC, Conectiv
Bethlehem, LLC, Pepco Energy Services, Inc., Bethlehem Renewable
Energy, LLC, Eastern Landfill Gas, LLC, Potomac Power Resources, LLC,
Fauquier Landfill Gas, LLC; Notice of Filing

December 22, 2008.
    Take notice that on December 5, 2008, Atlantic City Electric
Company, Delmarva Power & Light Company, Potomac Electric Power
Company, Conectiv Energy Supply, Inc., Conectiv Atlantic Generation,
LLC, Conectiv Delmarva Generation, LLC, Conectiv Bethlehem, LLC, Pepco
Energy Services, Inc., Bethlehem Renewable Energy, LLC, Eastern
Landfill Gas, LLC, Potomac Power Resources, LLC, and Fauquier Landfill
Gas filed a request for continuation of waivers of the affiliate
restrictions, as previously granted by the Commission, pursuant to
Order 697.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on December 29, 2008.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-30923 Filed 12-29-08; 8:45 am]

BILLING CODE 6717-01-P