Safety Zones; Marine Events Held in the Sector Boston Captain of the Port Zone
| Published date | 21 September 2020 |
| Citation | 85 FR 59254 |
| Record Number | 2020-20097 |
| Section | Proposed rules |
| Court | Coast Guard |
59254
Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules
[FR Doc. 2020–18896 Filed 9–18–20; 8:45 am]
BILLING CODE 4210–67–C
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0328]
RIN 1625–AA00
Safety Zones; Marine Events Held in
the Sector Boston Captain of the Port
Zone
AGENCY
: Coast Guard, DHS.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The Coast Guard is proposing
to establish a temporary safety zone for
certain waters of the Atlantic Ocean.
This action is necessary to provide for
the safety of life on these navigable
waters near Sandy Beach, Cohasset, MA,
during a fireworks display on November
28, 2020. This proposed rulemaking
would prohibit persons and vessels
from being in the safety zone unless
authorized by the Captain of the Port
Boston 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 October 21, 2020.
ADDRESSES
: You may submit comments
identified by docket number USCG–
2020–0328 using the Federal
eRulemaking Portal at https://
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 MSTC Jae L.
Ramirez, Waterways Management
Representative; telephone 617–447–
6120 or Jae.L.Ramirez@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On May 26, 2020, the Cohasset 250th
Anniversary 2020 Committee notified
the Coast Guard that it will be
conducting a fireworks display from 9
p.m. to 10 p.m. on November 28, 2020,
to commemorate the 250th anniversary
of Cohasset. The fireworks are to be
launched from a barge in the Atlantic
Ocean approximately 1000 feet north of
the Sandy Beach in Cohasset, MA.
Hazards from firework displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Boston (COTP) has determined
that potential hazards associated with
the fireworks to be used in this display
would be a safety concern for anyone
within a 420-foot radius of the barge.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within a 420-foot
radius of the fireworks barge before,
during, and after the scheduled event.
The Coast Guard is proposing this
rulemaking under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 9 p.m. to 10 p.m. on
November 28, 2020. The safety zone
would cover all navigable waters within
420 feet of a barge in the Atlantic Ocean
located approximately 1000 feet north of
Sandy Beach, Cohasset, MA. The
duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 9 p.m. to 10 p.m.
fireworks display. No vessel or person
would be permitted to enter the safety
zone without obtaining permission from
the COTP or a 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 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 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 Atlantic Ocean
for one hour during the evening when
vessel traffic is normally low. Moreover,
the Coast Guard would issue a
Broadcast Notice to Mariners via VHF–
FM marine channel 16 about the zone,
and the rule would allow vessels to seek
permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this proposed rule would not
have a significant economic impact on
a substantial number of small entities.
While some owners or operators of
vessels intending to transit the safety
zone may be small entities, for the
reasons stated in section IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES
) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email 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.
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules
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 call or email 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 Directive 023–01, Rev. 1,
associated implementing instructions,
and Environmental Planning
COMDTINST 5090.1 (series), which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (42 U.S.C. 4321–4370f), and
have made a preliminary determination
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This proposed
rule involves a safety zone lasting one
hour that would prohibit entry within
420 feet of a fireworks barge. 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. 1. A preliminary Record of
Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES
section of this preamble. 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 call or email 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 https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, call or email 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 https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
submissions in response to this
document, see DHS’s eRulemaking
System of Records notice (85 FR 14226,
March 11, 2020).
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://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 Coast Guard is proposing
to amend 33 CFR part 165 as follows:
PART 165—SAFETY ZONE FOR
COHASSET FIREWORKS DISPLAY
■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.
■2. Add a new § 165.T01–0328 to read
as follows:
§ 165.T01–0328 Safety Zone—Cohasset
Fireworks—Atlantic Ocean, Cohasset,
Massachusetts.
(a) Location. The following area is a
safety zone: All navigable waters within
a 420-foot radius of the fireworks barge
positioned in the Atlantic Ocean
approximately 1000 feet north of the
Sandy Beach in Cohasset, MA, before,
during, and after the fireworks display.
(b) Effective and enforcement period.
This rule will be effective on November
28, 2020, from 9 p.m. to 10 p.m.
(c) Regulations. While this safety zone
is being enforced, the following
regulations, along with those contained
in § 165.23 apply:
(1) No person or vessel may enter or
remain in this safety zone without the
permission of the Captain of the Port
(COTP) or the COTP’s representatives.
However, any vessel that is granted
permission by the COTP or the COTP’s
representatives must proceed through
the area with caution and operate at a
speed no faster than that speed
necessary to maintain a safe course,
unless otherwise required by the
Navigation Rules.
(2) Any person or vessel permitted to
enter the safety zone shall comply with
the directions and orders of the COTP
or the COTP’s representatives. Upon
being hailed by a U.S. Coast Guard
vessel by siren, radio, flashing lights, or
other means, the operator of a vessel
within the zone shall proceed as
directed. Any person or vessel within
the safety zone shall exit the zone when
directed by the COTP or the COTP’s
representatives.
(3) To obtain permissions required by
this regulation, individuals may reach
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Federal Register / Vol. 85, No. 183 / Monday, September 21, 2020 / Proposed Rules
1
District SIP submission, September 5, 2019, p.
72.
the COTP or a COTP representative via
VHF channel 16 or 617–223–5757
(Sector Boston Command Center).
(d) Penalties. Those who violate this
section are subject to the penalties set
forth in 46 U.S.C. 70036 and 46 U.S.C.
70053.
(e) Notification. Coast Guard Sector
Boston will give notice through the
Local Notice to Mariners and Broadcast
Notice to Mariners for the purpose of
enforcement of this temporary safety
zone. Sector Boston will also notify the
public to the greatest extent possible of
any period in which the Coast Guard
will suspend enforcement of this safety
zone.
(f) COTP representative. The COTP’s
representative may be any Coast Guard
commissioned, or petty officer or any
federal, state, or local law enforcement
officer who has been designated by the
COTP to act on the COTP’s behalf. The
COTP’s representative may be on a
Coast Guard vessel, a Coast Guard
Auxiliary vessel, a state or local law
enforcement vessel, or a location on
shore.
Dated: September 8, 2020.
E.J. Doucette,
Captain, U.S. Coast Guard, Captain of the
Port Boston.
[FR Doc. 2020–20097 Filed 9–18–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2020–0092; FRL–10014–
12–Region 4]
Air Plan Approval; KY; Jefferson
County; Existing and New VOC
Storage Vessels Rule Changes
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the Jefferson County portion
of the Kentucky State Implementation
Plan (SIP), submitted by the
Commonwealth of Kentucky, through
the Energy and Environment Cabinet
(Cabinet) on September 5, 2019. The
revisions were submitted by the Cabinet
on behalf of the Louisville Metro Air
Pollution Control District (District or
APCD) and make changes to the
regulations for new and existing storage
vessels for volatile organic compounds
(VOCs). EPA is proposing to approve the
portions of the revisions that regulate
new and existing storage vessels for
VOCs because the changes are
consistent with the Clean Air Act (CAA
or Act).
DATES
: Comments must be received on
or before October 21, 2020.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2020–0092 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. EPA will generally
not consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commenting-
epa-dockets.
FOR FURTHER INFORMATION CONTACT
:
Sarah LaRocca, Air Regulatory
Management Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
8994. Ms. LaRocca can also be reached
via electronic mail at larocca.sarah@
epa.gov.
SUPPLEMENTARY INFORMATION
:
I. EPA’s Proposed Action
In this rulemaking, EPA is proposing
to approve changes to Regulation 6.13,
Standards of Performance for Existing
Storage Vessels for Volatile Organic
Compounds, and Regulation 7.12,
Standards of Performance for New
Storage Vessels for Volatile Organic
Compounds, of the Louisville Metro Air
Pollution Control District portion of the
Kentucky SIP, submitted by the
Commonwealth on September 5, 2019.
These modifications update the current
SIP-approved version of Regulation 6.13
(Version 7) and Regulation 7.12 (Version
7) to Version 8 of each.
II. EPA’s Analysis of the Revisions
The Commonwealth of Kentucky
previously submitted SIP revisions
related to this action on March 23, 2018,
which included changes to APCD
Regulations 6.13 and 7.12. Those SIP
revisions were approved by EPA on
October 1, 2019. See 84 FR 51983. In the
District’s March 23, 2018, submittals,
Section 1 (Applicability) of APCD
Regulation 6.13 and Regulation 7.12
were revised to include an additional
criteria of ‘‘true vapor pressure of the
VOCs as stored equal to or greater than
78 mm Hg [millimeters of mercury] (1.5
psia [pounds per square inch
absolute]).’’ This change was consistent
with the minimum true vapor pressure
of VOCs subject to the emission control
standards provided in Section 3
(Standard for Volatile Organic
Compounds) of these regulations.
Section 5 (Monitoring of Operations),
however, continued to contain
monitoring requirements under
subsection 5.1 that applied to certain
vessels ‘‘having a true vapor pressure
greater than 7.0 kPa [kilopascal] (1.0
psia).’’ As noted in EPA’s June 5, 2019,
proposed action, the District explained
that the monitoring requirements in
subsections 5.1 and 5.2 would continue
to apply to sources that store a liquid
having a true vapor pressure greater
than 1.0 psia despite the addition of the
1.5 psia criteria to Section 1.
In their September 9, 2019,
submittals, the District includes a
modification that changes the true vapor
pressure criteria of subsection 5.1 from
1.0 psia to 1.5 psia to better align with
the general applicability provision of
Section 1 of Regulations 6.13 and 7.12.
Subsection 5.1 is a monitoring
requirement which applies only to
storage vessels that (1) have an external
floating roof, (2) have a capacity of
greater than 40,000 gallons, and (3) are
not equipped with a secondary seal or
approved alternative control technology.
The District notes that because
subsection 3.4 of Regulations 6.13 and
7.12 explicitly requires secondary seals
for nearly all storage tanks with capacity
of greater than 40,000 gallons, there are
very few tanks which could be subject
to subsection 5.1. The only exceptions
to the subsection 3.4 requirement for
installing secondary seals would be, as
described in subsections 3.4.1 through
3.4.3, for welded tanks storing liquids
with a true vapor pressure of less than
4.0 psia and for certain types of primary
seals, which the District states are ‘‘a
very small portion of the hundreds of
facilities to which [Regulations 6.13 and
7.12] are applicable.’’
1
In addition, the
District states that they currently permit
no external floating roof tanks without
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