Establishment of Three Danger Zones for the Naval Support Activity Annapolis, Annapolis, Maryland, in the Waters of Carr Creek and Whitehall Bay, 3372-3373 [2023-00889]

Download as PDF 3372 Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Proposed Rules TABLE 1 TO § 100.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING MARINE EVENTS—Continued Date 74. 1 day—One Sunday in September. 75. 1 Day—One weekend in September. 76. 2 days—One of the last three weekends in September. 77. 1 day—Third Sunday in September. 78. 1 day—Fourth or fifth weekend in September. 79. 1 day—Fourth or fifth Sunday in September. 80. 1 day—One of the last two weekends in September. 81. 2 days—One of the last three weekends in September or the first weekend in October. 82. 3 days—One of the last three weekends in September or one of the first two weekends in October. 83. 1 day—Last weekend in September. 84. 3 days—Last weekend of September and/or first weekend in October. 85. 2 days—First weekend of October. 86. 1 day in October ................... 87. 1 day in October ................... 88. 1 day in October ................... 89. 1 day—First or second weekend in October. 90. 1 day in October ................... 91. 2 days in October .................. 92. 2 days—First or second week of October. 93. 2 days—One of the first three weekends in October. 94. 2 days—Two days in October 95. 3 days—First weekend in November. 96. 1 day—Second weekend in December. * * * * Event/sponsor Ohio valley location Ohio River Sternwheel Festival Committee Sternwheel race reenactment. Parkesburg Paddle Fest ............ Marietta, OH ............... Ohio River, Mile 170.5–172.5 (Ohio). Parkersburg, WV ........ Ohio River, Mile 184.3–188 (West Virginia). Madison Vintage Thunder .......... Madison, IN ................ Ohio River, Mile 556.5–559.5 (Indiana). Team Rocket Tri Club/Swim Hobbs Island. Knoxville Open Water Swimmers/Bridges to Bluffs. Green Umbrella/Great Ohio River Swim. Ohio River Open Water Swim ... Huntsville, AL ............. Tennessee River, Mile 332.3–338.0 (Alabama). Knoxville, TN .............. Prospect, KY .............. Tennessee River, Mile 641.0–648.0 (Tennessee). Ohio River, Mile 468.8–471.2 (Ohio and Kentucky). Ohio River, Mile 587.0–591.0 (Kentucky). Captain Quarters Regatta .......... Louisville, KY .............. Ohio River, Mile 594.0–598.0 (Kentucky). Owensboro Air Show ................. Owensboro, KY .......... Ohio River, Mile 754.0–760.0 (Kentucky). World Triathlon Corporation/ Chattanooga, TN ........ IRONMAN Chattanooga. New Martinsville Records and New Martinsville, WV Regatta Challenge Committee. Tennessee River, Mile 462.7–467.5 (Tennessee). Ohio River, Mile 128–129 (West Virginia). Three Rivers Rowing AssociaPittsburgh, PA ............ tion/Head of the Ohio Regatta. Chattajack .................................. Chattanooga, TN ........ Allegheny River mile 0.0–5.0 (Pennsylvania). Nashville, TN .............. Florence, AL ............... Nashville, TN .............. Pittsburgh, PA ............ Tennessee River, Miles 452.0–454.5 (Tennessee). Tennessee River, Mile 463.0–468.0 (Tennessee). Tennessee River 255–257 (Alabama). Cumberland River 190–195 (Tennessee). Allegheny River, Mile 0.0–3.0 (Pennsylvania). Norton Healthcare/Ironman Triathlon. Secret City Head Race Regatta Atlanta Rowing Club/Head of the Hooch Rowing Regatta. Charleston Lighted Boat Parade Louisville, KY .............. Ohio River, Mile 600.5–605.5 (Kentucky). Oak Ridge, TN ........... Chattanooga, TN ........ Clinch River, Mile 49.0–54.0 (Tennessee). Tennessee River, Mile 463.0–468.0 (Tennessee). Kanawha River, Mile 54.3–60.3 (West Virginia). * [FR Doc. 2023–00925 Filed 1–18–23; 8:45 am] BILLING CODE 9110–04–P Chattanooga, TN ........ Chattanooga, TN ........ Charleston, WV .......... Proposed rule; reopening of comment period. DEPARTMENT OF DEFENSE ACTION: Department of the Army, Corps of Engineers SUMMARY: 33 CFR Part 334 [Docket Number COE–2022–0009] Establishment of Three Danger Zones for the Naval Support Activity Annapolis, Annapolis, Maryland, in the Waters of Carr Creek and Whitehall Bay AGENCY: U.S. Army Corps of Engineers, DoD. VerDate Sep<11>2014 17:06 Jan 18, 2023 Tennessee River, Miles 462.7–465.5 (Tennessee). Cumberland River, Mile 189.7–192.1 (Tennessee). Cumberland River Compact/ Cumberland River Dragon Boat Festival. Outdoor Chattanooga/Swim the Suck. Lookout Rowing Club/Chattanooga Head Race. Shoals Scholar Dollar ................ Music City Head Race ............... Head of the Ohio Rowing Race Dated: January 11, 2023. H.R. Mattern, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. khammond on DSKJM1Z7X2PROD with PROPOSALS Cincinnati, OH ............ Regulated area Jkt 259001 PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 On December 5, 2022, the U.S. Army Corps of Engineers (Corps) published a proposed rule to establish three danger zones in the waters of Carr Creek and Whitehall Bay in the vicinity of the Naval Support Activity Annapolis. The comment period ended on January 4, 2023. The Corps received numerous requests to extend the comment period, so we are reopening the comment period for 45 days. Comments previously submitted on the proposed rule do not need to be resubmitted, as they have already been incorporated into the administrative E:\FR\FM\19JAP1.SGM 19JAP1 khammond on DSKJM1Z7X2PROD with PROPOSALS Federal Register / Vol. 88, No. 12 / Thursday, January 19, 2023 / Proposed Rules record and will be fully considered in the Corps’ decision-making process for this rulemaking action. DATES: The comment period for the proposed rule published at 87 FR 74348 on December 5, 2022 is reopened. Written comments must be submitted on or before March 6, 2023. ADDRESSES: You may submit comments, identified by docket number COE– 2022–0009, by any of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Email: david.b.olson@usace.army.mil. Include the docket number, COE–2022– 0009 in the subject line of the message. Mail: U.S. Army Corps of Engineers, Attn: CECW–CO–R (David B. Olson), 441 G Street NW, Washington, DC 20314–1000. Hand Delivery/Courier: Due to security requirements, we cannot receive comments by hand delivery or courier. Instructions: Instructions for submitting comments are provided in the proposed rule published on December 5, 2022 (87 FR 74348). Consideration will be given to all comments received by March 6, 2023. FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, Operations and Regulatory Division, Washington, DC at 202–761–4922. SUPPLEMENTARY INFORMATION: In the December 5, 2022, issue of the Federal Register (87 FR 74348), the Corps published a proposed rule to establish three permanent danger zones in the waters of Carr Creek and Whitehall Bay in the vicinity of the Naval Support Activity Annapolis, Annapolis, Maryland. The establishment of the proposed danger zone in Carr Creek is necessary to enable safe operation of the United States Naval Academy firing range and to reflect the routine and periodic usage of the firing range for training Sailors, Midshipmen, and law enforcement personnel. The establishment of the two proposed danger zones in Whitehall Bay is necessary to enable the safe operation of the United States Naval Academy firing range and to reflect irregular and infrequent usage of the range for training Sailors, Midshipmen, and law enforcement personnel. The firing range faces Carr Creek and, during times of operation, may present a danger to vessels located in the proposed danger zones. According to the installation, the firing range is normally in operation for live firing approximately 4 to 6 times per year. VerDate Sep<11>2014 17:06 Jan 18, 2023 Jkt 259001 The Corps has received numerous requests for an extension of the comment period for the proposed rule. Because the original comment period ended on January 4, 2023, we are reopening the comment period for 45 days. Comments must be received by March 6, 2023. Thomas P. Smith, Chief, Operations and Regulatory Division. [FR Doc. 2023–00889 Filed 1–18–23; 8:45 am] BILLING CODE 3720–58–P DEPARTMENT OF THE INTERIOR Office of the Secretary 43 CFR Part 11 [Docket No. DOI–DOI–2022–0016; 23XD1618EN, DS61600000, DMNHQ0000.000000] RIN 1090–AB26 Natural Resource Damages for Hazardous Substances Office of Restoration and Damage Assessment, Interior. ACTION: Advance notice of proposed rulemaking; request for public comment. AGENCY: The Office of Restoration and Damage Assessment (ORDA) is seeking comments and suggestions from state, tribal, and federal natural resource cotrustees, other affected parties, and the interested public on revising the simplified Type A procedures in the regulations for conducting natural resource damage assessments and restoration (NRDAR) for hazardous substance releases. DATES: We will accept comments through March 20, 2023. ADDRESSES: You may submit comments to ORDA on this advance notice of proposed rulemaking (ANPRM); request for public comment by any of the following methods. Please reference the Regulation Identifier Number (RIN) 1090–AB26 in your comments. • Electronically: Go to https:// www.regulations.gov. In the ‘‘Search’’ box enter ‘‘DOI–2022–0016.’’ Follow the instructions to submit public comments. We will post all comments. • Hand deliver or mail comments to the Office of Restoration and Damage Assessment, U.S. Department of the Interior, 1849 C Street Northwest, Mail Stop/Room 2627, Washington, DC 20240. SUMMARY: FOR FURTHER INFORMATION CONTACT: Emily Joseph, Director, Office of Restoration and Damage Assessment at PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 3373 (202) 208–4438 or email to emily_ joseph@ios.doi.gov. SUPPLEMENTARY INFORMATION: We are proposing to revise the simplified (Type A) procedures for assessment of natural resource damages resulting from releases of hazardous substances. The Department of the Interior has previously developed two types of natural resource damage assessment regulations: Standard procedures for simplified assessments requiring minimal field observations (Type A Rule); and site-specific procedures for detailed assessments in individual cases (Type B Rule). The Type B Rule was last revised in 2008 to emphasize natural resource restoration over economic damages, resolve a timing inconsistency, and respond to two previous Court decisions addressing the regulations: State of Ohio v. U.S. Department of the Interior, 880 F.2d 432 (D.C. Cir. 1989); and Kennecott Utah Copper Corp. v. U.S. Department of the Interior, 88 F.3rd 1191 (D.C. Cir. 1996). The Type A Rule was last revised in November 1997. It provides two distinct formulas for modeling damages for natural resource injuries caused by hazardous substance releases to coastal and marine environments and Great Lakes environments, respectively. In accordance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (CERCLA) 42 U.S.C. 9601 et seq., damages calculated in accordance with Type A or Type B procedures are entitled to a ‘‘rebuttable presumption’’ of correctness in any administrative or judicial proceeding. The rebuttable presumption for the Type A procedure under the current version of the rule is limited to damages of $100,000 or less. Background Since its promulgation, the Type A Rule has rarely been utilized to resolve CERCLA Natural Resource Damage Assessment and Restoration (NRDAR) claims. This may be partly due to the Type A Rule’s restrictive scope—to two specific aquatic environments when relatively low-impact, single substance spills occur. Additionally, the model equation for each Type A environment is the functional part of the rule itself— with no provisions to reflect evolving toxicology, ecology, technology, or other scientific understanding without a formal amendment to the Type A Rule each time a parameter is modified. The result is an inefficient and inflexible rule that is not currently useful as a means to resolve NRDAR claims and promote natural resource restoration. E:\FR\FM\19JAP1.SGM 19JAP1

Agencies

[Federal Register Volume 88, Number 12 (Thursday, January 19, 2023)]
[Proposed Rules]
[Pages 3372-3373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00889]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334

[Docket Number COE-2022-0009]


Establishment of Three Danger Zones for the Naval Support 
Activity Annapolis, Annapolis, Maryland, in the Waters of Carr Creek 
and Whitehall Bay

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: On December 5, 2022, the U.S. Army Corps of Engineers (Corps) 
published a proposed rule to establish three danger zones in the waters 
of Carr Creek and Whitehall Bay in the vicinity of the Naval Support 
Activity Annapolis. The comment period ended on January 4, 2023. The 
Corps received numerous requests to extend the comment period, so we 
are reopening the comment period for 45 days. Comments previously 
submitted on the proposed rule do not need to be resubmitted, as they 
have already been incorporated into the administrative

[[Page 3373]]

record and will be fully considered in the Corps' decision-making 
process for this rulemaking action.

DATES: The comment period for the proposed rule published at 87 FR 
74348 on December 5, 2022 is reopened. Written comments must be 
submitted on or before March 6, 2023.

ADDRESSES: You may submit comments, identified by docket number COE-
2022-0009, by any of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2022-0009 in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO-R (David B. 
Olson), 441 G Street NW, Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Instructions for submitting comments are provided in 
the proposed rule published on December 5, 2022 (87 FR 74348). 
Consideration will be given to all comments received by March 6, 2023.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Division, Washington, DC at 202-761-4922.

SUPPLEMENTARY INFORMATION: In the December 5, 2022, issue of the 
Federal Register (87 FR 74348), the Corps published a proposed rule to 
establish three permanent danger zones in the waters of Carr Creek and 
Whitehall Bay in the vicinity of the Naval Support Activity Annapolis, 
Annapolis, Maryland. The establishment of the proposed danger zone in 
Carr Creek is necessary to enable safe operation of the United States 
Naval Academy firing range and to reflect the routine and periodic 
usage of the firing range for training Sailors, Midshipmen, and law 
enforcement personnel. The establishment of the two proposed danger 
zones in Whitehall Bay is necessary to enable the safe operation of the 
United States Naval Academy firing range and to reflect irregular and 
infrequent usage of the range for training Sailors, Midshipmen, and law 
enforcement personnel. The firing range faces Carr Creek and, during 
times of operation, may present a danger to vessels located in the 
proposed danger zones. According to the installation, the firing range 
is normally in operation for live firing approximately 4 to 6 times per 
year.
    The Corps has received numerous requests for an extension of the 
comment period for the proposed rule. Because the original comment 
period ended on January 4, 2023, we are reopening the comment period 
for 45 days. Comments must be received by March 6, 2023.

Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2023-00889 Filed 1-18-23; 8:45 am]
BILLING CODE 3720-58-P

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