80_FR_55762 80 FR 55583 - Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New Orleans, LA

80 FR 55583 - Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New Orleans, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 179 (September 16, 2015)

Page Range55583-55586
FR Document2015-23264

The Coast Guard proposes to establish two temporary safety zones from Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) on the Lower Mississippi River (LMR) on two different dates. These safety zones are necessary to protect persons and vessels from potential safety hazards associated with fireworks displays on or over navigable waterways. Entry into these zones is prohibited unless specifically authorized by the Captain of the Port New Orleans or a designated representative.

Federal Register, Volume 80 Issue 179 (Wednesday, September 16, 2015)
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Proposed Rules]
[Pages 55583-55586]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23264]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0677]
RIN 1625-AA00


Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New 
Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish two temporary safety 
zones from Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) 
on the Lower Mississippi River (LMR) on two different dates. These 
safety zones are necessary to protect persons and vessels from 
potential safety hazards associated with fireworks displays on or over 
navigable waterways. Entry into these zones is prohibited unless 
specifically authorized by the Captain of the Port New Orleans or a 
designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 1, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329. See the 
``Public Participation and Request for Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for further instructions on 
submitting comments. To avoid duplication, please use only one of these 
three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Commander (LCDR) James Gatz, Sector New 
Orleans, at (504) 365-2281 or James.C.Gatz@uscg.mil. If you have 
questions on viewing or submitting material to the docket, call Cheryl 
F. Collins, Program Manager, Docket Operations, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION: 

Table of Acronyms

BNM Broadcast Notice to Mariners

[[Page 55584]]

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.

1. Submitting Comments

    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0677] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0677) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    There is no regulatory history or information related to this newly 
proposed temporary safety zone.

C. Basis and Purpose

    The legal basis for this proposed rule is 33 U.S.C. 1231; 50 U.S.C. 
191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; and Department of 
Homeland Security Delegation No. 0170.1, which collectively authorize 
the Coast Guard to establish and define safety zones.
    AFX Pro, a company specializing in firework displays, informed the 
Coast Guard of two fireworks displays planned for October 2015. Mardi 
Gras World is hosting a private wedding with a fireworks display on 
October 10, 2015, and the Bridgestone Tire Company is sponsoring a 
fireworks display on October 22, 2015. The fireworks displays on both 
dates will be launched from a barge positioned in the waterway adjacent 
to Mardi Gras World, an event venue located at MM 96.2 AHP on the Lower 
Mississippi River, in a high commercial traffic area near a tight river 
bend. Therefore, the Coast Guard has determined that a safety zone is 
needed to ensure safe navigation for all those in the vicinity of these 
fireworks displays. These safety zones are proposed to protect the 
public, mariners, and vessels from the hazards associated with a barge-
based fireworks display on and over the waterway.

D. Discussion of Proposed Rule

    The Coast Guard proposes two temporary safety zones on the Lower 
Mississippi River, for a duration of one hour each during the evenings 
of October 10 and 22, 2015. The safety zones will include the entire 
width of the Lower Mississippi River in New Orleans, LA from mile 
marker 95.7 to mile marker 96.7 AHP. Entry into this zone is prohibited 
unless permission has been granted by the COTP New Orleans, or a 
designated representative.
    The COTP New Orleans will inform the public through BNMs of the 
enforcement period for the safety zone as well as any changes in the 
planned schedule. Mariners and other members of the public may also 
contact Coast Guard Sector New Orleans Command Center to inquire about 
the status of the safety zone, at (504) 365-2200.

E. 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 or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This safety zone will 
only restrict navigation on the Lower Mississippi River from MM 95.7 to 
MM 96.7 AHP, for approximately one hour on October 10, 2015 and one 
hour on October 22, 2015. Due to the limited scope and short duration 
of the safety zones, the impacts on routine navigation are expected to 
be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 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

[[Page 55585]]

fields, and governmental jurisdictions with populations of less than 
50,000.
    This rule may affect the following entities, some of which might be 
small entities: The owners or operators of vessels intending to transit 
the safety zone area during the periods of enforcement. The safety 
zones will not have a significant economic impact on a substantial 
number of small entities because they are limited in scope and will be 
in effect for a short period of time. Before the enforcement periods, 
the Coast Guard COTP will issue maritime advisories widely available to 
waterway users. Deviation from the safety zone established through this 
rulemaking may be requested from the appropriate COTP and requests will 
be considered on a case-by-case basis.
    Therefore, 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.
    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.

3. Assistance for 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 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, above. 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.

4. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    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 
determined that this rulemaking does not have implications for 
federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.

11. Indian Tribal Governments

    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.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.

14. 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. This proposed rule 
involves establishing a temporary safety zone for all waters of the 
Lower Mississippi River from MM 95.7 to MM 96.7 AHP. This proposed rule 
is categorically excluded under section 2.B.2, figure 2-1, paragraph 
(34)(g) of the Instruction because it involves establishment of safety 
zones. An Environmental analysis and a categorical exclusion 
determination will be made available in the docket as indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0677 to subpart F under the undesignated center 
heading

[[Page 55586]]

Eighth Coast Guard District to read as follows:


Sec.  165.T08-0677  Safety Zones; Lower Mississippi River Miles 95.7 to 
96.7; New Orleans, LA

    (a) Location. The following area is a safety zone: All waters of 
the Lower Mississippi River from mile marker 95.7 to mile marker 96.7 
Above Head of Passes, New Orleans, LA.
    (b) Effective date and enforcement period. This rule is effective 
and enforceable with actual notice on October 10, 2015 and on October 
22, 2015, for one hour in the evening of each date.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) New Orleans 
or designated personnel. Designated personnel include commissioned, 
warrant and petty officers of the U.S. Coast Guard assigned to units 
under the operational control of USCG Sector New Orleans. For this rule 
the COTP's designated representative is Vessel Traffic Service Lower 
Mississippi River.
    (2) Vessels requiring deviation from this rule must request 
permission from the COTP New Orleans or a COTP New Orleans designated 
representative. They may be contacted on VHF-FM Channel 16 or 67, or 
through Vessel Traffic Service Lower Mississippi River at 504-365-2415.
    (3) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted area must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP New 
Orleans or the designated representative.
    (d) Information broadcasts. The COTP New Orleans or a COTP New 
Orleans designated representative will inform the public through 
broadcast notices to mariners of the enforcement period for the safety 
zone as well as any changes in the planned schedule.

    Dated: August 14, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2015-23264 Filed 9-15-15; 8:45 am]
BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules                                                55583

                                                      United States, the total number of                      property transferred, including its                   DEPARTMENT OF HOMELAND
                                                      months the property was in use, the fair                adjusted basis. Generally, each item of               SECURITY
                                                      market value of the property, a schedule                intangible property must be separately
                                                      of the depreciation deduction taken                     identified, including intangible property             Coast Guard
                                                      with respect to the property, and a                     described in § 1.367(d)–1(g)(2)(i) or that
                                                      calculation of the amount of                            is subject to the rules of section 367(d)             33 CFR Part 165
                                                      depreciation required to be recaptured.                 under § 1.367(a)–1(b)(5).                             [Docket Number USCG–2015–0677]
                                                         (iv) Property not transferred for use in
                                                      the active conduct of a trade or                           (d)(1)(v) through (d)(1)(vi) [Reserved].           RIN 1625–AA00
                                                      business. Describe any property that is                 For further guidance, see § 1.6038B–
                                                      eligible property, as defined in                        1T(d)(1)(v) through (1)(vi).                          Safety Zones; Lower Mississippi River
                                                      § 1.367(a)–2(b) taking into account the                                                                       Miles 95.7 to 96.7; New Orleans, LA
                                                                                                                 (d)(1)(vii) Coordination with loss
                                                      application of § 1.367(a)–2(c), that was                rules. List any intangible property                   AGENCY:   Coast Guard, DHS.
                                                      transferred to the foreign corporation                  subject to section 367(d) the transfer of             ACTION:   Notice of proposed rulemaking.
                                                      but not for use in the active conduct of                which also gives rise to the recognition
                                                      a trade or business outside the United                  of gain under section 904(f)(3) or                    SUMMARY:    The Coast Guard proposes to
                                                      States (and was therefore not listed                    §§ 1.367(a)–6 or –6T. Provide a                       establish two temporary safety zones
                                                      under paragraph (c)(4)(i) of this section).             calculation of the gain required to be                from Mile Marker (MM) 95.7 to MM
                                                         (v) Property transferred under                                                                             96.7 above Head of Passes (AHP) on the
                                                                                                              recognized with respect to such
                                                      compulsion. If property qualifies for the                                                                     Lower Mississippi River (LMR) on two
                                                                                                              property, in accordance with the                      different dates. These safety zones are
                                                      exception of § 1.367(a)–2(a)(2) under the
                                                                                                              provisions of § 1.367(d)–1(g)(4).                     necessary to protect persons and vessels
                                                      rules of paragraph (h) of that section,
                                                      provide information supporting the                         (d)(1)(viii) through (d)(2) [Reserved].            from potential safety hazards associated
                                                      claimed application of such exception.                  For further guidance, see § 1.6038B–                  with fireworks displays on or over
                                                         (vi) Certain ineligible property.                    1T(d)(1)(viii) through (2).                           navigable waterways. Entry into these
                                                      Describe any property that is described                 *      *     *      *    *                            zones is prohibited unless specifically
                                                      in § 1.367(a)–2(c) and that therefore                                                                         authorized by the Captain of the Port
                                                      cannot qualify under § 1.367(a)–2(a)(2)                    (g) Effective/applicability dates. (1)             New Orleans or a designated
                                                      regardless of its use in the active                     Except as provided in paragraphs (g)(2)               representative.
                                                      conduct of a trade or business outside                  through (g)(7) of this section, this
                                                                                                                                                                    DATES: Comments and related material
                                                      of the United States. The description                   section applies to transfers occurring on
                                                                                                                                                                    must be received by the Coast Guard on
                                                      must be divided into the relevant                       or after July 20, 1998, except for
                                                                                                                                                                    or before October 1, 2015.
                                                      categories, as follows:                                 transfers of cash made in tax years
                                                                                                                                                                    ADDRESSES: You may submit comments
                                                         (A) Inventory, etc. Property described               beginning on or before February 5, 1999
                                                                                                                                                                    identified by docket number using any
                                                      in § 1.367(a)–2(c)(1);                                  (which are not required to be reported                one of the following methods:
                                                         (B) Installment obligations, etc.                    under section 6038B), and except for                    (1) Federal eRulemaking Portal:
                                                      Property described in § 1.367(a)–2(c)(2);               transfers described in paragraph (e) of               http://www.regulations.gov.
                                                         (C) Foreign currency, etc. Property                  this section, which applies to transfers                (2) Fax: 202–493–2251.
                                                      described in § 1.367(a)–2(c)(3); and                    that are subject to §§ 1.367(e)–1(f) and                 (3) Mail or Delivery: Docket
                                                         (D) Leased property. Property                        1.367(e)–2(e). * * *                                  Management Facility (M–30), U.S.
                                                      described in § 1.367(a)–2(c)(4).                                                                              Department of Transportation, West
                                                         (vii) Other property that is ineligible              *      *     *      *    *
                                                                                                                                                                    Building Ground Floor, Room W12–140,
                                                      property. Describe any property, other                     (7) Paragraphs (c)(4)(i) through (vii),            1200 New Jersey Avenue SE.,
                                                      than property described in § 1.367(a)–                  (c)(5), and (d)(1)(iv) and (vii) of this              Washington, DC 20590–0001. Deliveries
                                                      2(c), that cannot qualify under                         section apply to transfers occurring on               accepted between 9 a.m. and 5 p.m.,
                                                      § 1.367(a)–2(a)(2) regardless of its use in             or after September 14, 2015, and to                   Monday through Friday, except federal
                                                      the active conduct of a trade or business               transfers occurring before September 14,              holidays. The telephone number is 202–
                                                      outside of the United States and that is                2015, resulting from entity classification            366–9329. See the ‘‘Public Participation
                                                      not subject to the rules of section 367(d)              elections made under § 301.7701–3 that                and Request for Comments’’ portion of
                                                      under § 1.367(a)–1(b)(5). Each item of                  are filed on or after September 14, 2015.             the SUPPLEMENTARY INFORMATION section
                                                      property must be separately identified.                 For guidance with respect to paragraphs               below for further instructions on
                                                         (c)(4)(viii) [Reserved]. For further                                                                       submitting comments. To avoid
                                                                                                              (c)(4), (c)(5), and (d)(1) of this section
                                                      guidance, see § 1.6038B–1T(c)(4)(viii).                                                                       duplication, please use only one of
                                                         (5) Transfer of foreign branch with                  before this section is applicable, see
                                                                                                              §§ 1.6038B–1 and 1.6038B–1T as                        these three methods.
                                                      previously deducted losses. If the
                                                                                                              contained in 26 CFR part 1 revised as of              FOR FURTHER INFORMATION CONTACT: If
                                                      property transferred is property of a
                                                      foreign branch with previously                          April 1, 2015.                                        you have questions on this rule, call or
                                                      deducted losses subject to §§ 1.367(a)–6                                                                      email Lieutenant Commander (LCDR)
                                                                                                              John M. Dalrymple,                                    James Gatz, Sector New Orleans, at (504)
                                                      and –6T, provide the following
                                                                                                              Deputy Commissioner for Services and                  365–2281 or James.C.Gatz@uscg.mil. If
                                                      information:
asabaliauskas on DSK7TPTVN1PROD with PROPOSALS




                                                                                                              Enforcement.                                          you have questions on viewing or
                                                         (i) through (iv) [Reserved]. For further
                                                      information, see § 1.6038B–1T(c)(5)(i)                  [FR Doc. 2015–23279 Filed 9–14–15; 11:15 am]          submitting material to the docket, call
                                                      through (iv).                                           BILLING CODE 4830–01–P                                Cheryl F. Collins, Program Manager,
                                                                                                                                                                    Docket Operations, telephone (202)
                                                      *       *    *      *    *
                                                         (d)(1) through (1)(iii) [Reserved]. For                                                                    366–9826.
                                                      further guidance, see § 1.6038B–1T(d)(1)                                                                      SUPPLEMENTARY INFORMATION:
                                                      through (1)(iii).                                                                                             Table of Acronyms
                                                         (iv) Intangible property transferred.
                                                      Provide a description of the intangible                                                                       BNM      Broadcast Notice to Mariners



                                                 VerDate Sep<11>2014   17:11 Sep 15, 2015   Jkt 235001   PO 00000   Frm 00020   Fmt 4702   Sfmt 4702   E:\FR\FM\16SEP1.SGM   16SEP1


                                                      55584             Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

                                                      COTP Captain of the Port                                the ‘‘SEARCH’’ box and click                          protect the public, mariners, and vessels
                                                      DHS Department of Homeland Security                     ‘‘SEARCH.’’ Click on Open Docket                      from the hazards associated with a
                                                      FR Federal Register                                     Folder on the line associated with this               barge-based fireworks display on and
                                                      NPRM Notice of Proposed Rulemaking
                                                                                                              rulemaking. You may also visit the                    over the waterway.
                                                      A. Public Participation and Request for                 Docket Management Facility in Room
                                                                                                                                                                    D. Discussion of Proposed Rule
                                                      Comments                                                W12–140 on the ground floor of the
                                                                                                              Department of Transportation West                       The Coast Guard proposes two
                                                        We encourage you to participate in                    Building, 1200 New Jersey Avenue SE.,                 temporary safety zones on the Lower
                                                      this rulemaking by submitting                           Washington, DC 20590, between 9 a.m.                  Mississippi River, for a duration of one
                                                      comments and related materials. All                     and 5 p.m., Monday through Friday,                    hour each during the evenings of
                                                      comments received will be posted                        except Federal holidays.                              October 10 and 22, 2015. The safety
                                                      without change to http://                                                                                     zones will include the entire width of
                                                      www.regulations.gov and will include                    3. Privacy Act                                        the Lower Mississippi River in New
                                                      any personal information you have                          Anyone can search the electronic                   Orleans, LA from mile marker 95.7 to
                                                      provided.                                               form of comments received into any of                 mile marker 96.7 AHP. Entry into this
                                                      1. Submitting Comments                                  our dockets by the name of the                        zone is prohibited unless permission
                                                                                                              individual submitting the comment (or                 has been granted by the COTP New
                                                         If you submit a comment, please                      signing the comment, if submitted on                  Orleans, or a designated representative.
                                                      include the docket number for this                      behalf of an association, business, labor               The COTP New Orleans will inform
                                                      rulemaking, indicate the specific section               union, etc.). You may review a Privacy                the public through BNMs of the
                                                      of this document to which each                          Act notice regarding our public dockets               enforcement period for the safety zone
                                                      comment applies, and provide a reason                   in the January 17, 2008, issue of the                 as well as any changes in the planned
                                                      for each suggestion or recommendation.                  Federal Register (73 FR 3316).                        schedule. Mariners and other members
                                                      You may submit your comments and                                                                              of the public may also contact Coast
                                                      material online at http://                              4. Public Meeting                                     Guard Sector New Orleans Command
                                                      www.regulations.gov, or by fax, mail, or                   We do not now plan to hold a public                Center to inquire about the status of the
                                                      hand delivery, but please use only one                  meeting. But you may submit a request                 safety zone, at (504) 365–2200.
                                                      of these means. If you submit a                         for one, using one of the methods
                                                      comment online, it will be considered                   specified under ADDRESSES. Please                     E. Regulatory Analyses
                                                      received by the Coast Guard when you                    explain why you believe a public                        We developed this proposed rule after
                                                      successfully transmit the comment. If                   meeting would be beneficial. If we                    considering numerous statutes and
                                                      you fax, hand deliver, or mail your                     determine that one would aid this                     executive orders related to rulemaking.
                                                      comment, it will be considered as                       rulemaking, we will hold one at a time                Below we summarize our analyses
                                                      having been received by the Coast                       and place announced by a later notice                 based on a number of these statutes or
                                                      Guard when it is received at the Docket                 in the Federal Register.                              executive orders.
                                                      Management Facility. We recommend
                                                                                                              B. Regulatory History and Information                 1. Regulatory Planning and Review
                                                      that you include your name and a
                                                      mailing address, an email address, or a                   There is no regulatory history or                      This proposed rule is not a significant
                                                      telephone number in the body of your                    information related to this newly                     regulatory action under section 3(f) of
                                                      document so that we can contact you if                  proposed temporary safety zone.                       Executive Order 12866, Regulatory
                                                      we have questions regarding your                                                                              Planning and Review, as supplemented
                                                                                                              C. Basis and Purpose                                  by Executive Order 13563, Improving
                                                      submission.
                                                         To submit your comment online, go to                    The legal basis for this proposed rule             Regulation and Regulatory Review, and
                                                      http://www.regulations.gov, type the                    is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR              does not require an assessment of
                                                      docket number [USCG–2015–0677] in                       1.05–1; 6.04–1, 6.04–6, and 160.5; and                potential costs and benefits under
                                                      the ‘‘SEARCH’’ box and click                            Department of Homeland Security                       section 6(a)(3) of Executive Order 12866
                                                      ‘‘SEARCH.’’ Click on ‘‘Submit a                         Delegation No. 0170.1, which                          or under section 1 of Executive Order
                                                      Comment’’ on the line associated with                   collectively authorize the Coast Guard                13563. The Office of Management and
                                                      this rulemaking.                                        to establish and define safety zones.                 Budget has not reviewed it under those
                                                         If you submit your comments by mail                     AFX Pro, a company specializing in                 Orders. This safety zone will only
                                                      or hand delivery, submit them in an                     firework displays, informed the Coast                 restrict navigation on the Lower
                                                      unbound format, no larger than 81⁄2 by                  Guard of two fireworks displays                       Mississippi River from MM 95.7 to MM
                                                      11 inches, suitable for copying and                     planned for October 2015. Mardi Gras                  96.7 AHP, for approximately one hour
                                                      electronic filing. If you submit                        World is hosting a private wedding with               on October 10, 2015 and one hour on
                                                      comments by mail and would like to                      a fireworks display on October 10, 2015,              October 22, 2015. Due to the limited
                                                      know that they reached the Facility,                    and the Bridgestone Tire Company is                   scope and short duration of the safety
                                                      please enclose a stamped, self-addressed                sponsoring a fireworks display on                     zones, the impacts on routine navigation
                                                      postcard or envelope. We will consider                  October 22, 2015. The fireworks                       are expected to be minimal.
                                                      all comments and material received                      displays on both dates will be launched
                                                                                                              from a barge positioned in the waterway               2. Impact on Small Entities
                                                      during the comment period and may
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                                                      change the rule based on your                           adjacent to Mardi Gras World, an event                   The Regulatory Flexibility Act of 1980
                                                      comments.                                               venue located at MM 96.2 AHP on the                   (RFA), 5 U.S.C. 601–612, as amended,
                                                                                                              Lower Mississippi River, in a high                    requires federal agencies to consider the
                                                      2. Viewing Comments and Documents                       commercial traffic area near a tight river            potential impact of regulations on small
                                                         To view comments, as well as                         bend. Therefore, the Coast Guard has                  entities during rulemaking. The term
                                                      documents mentioned in this preamble                    determined that a safety zone is needed               ‘‘small entities’’ comprises small
                                                      as being available in the docket, go to                 to ensure safe navigation for all those in            businesses, not-for-profit organizations
                                                      http://www.regulations.gov, type the                    the vicinity of these fireworks displays.             that are independently owned and
                                                      docket number (USCG–2015–0677) in                       These safety zones are proposed to                    operated and are not dominant in their


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                                                                        Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules                                           55585

                                                      fields, and governmental jurisdictions                  Order and determined that this                        Indian tribes, or on the distribution of
                                                      with populations of less than 50,000.                   rulemaking does not have implications                 power and responsibilities between the
                                                         This rule may affect the following                   for federalism.                                       Federal Government and Indian tribes.
                                                      entities, some of which might be small
                                                      entities: The owners or operators of                    6. Protest Activities                                 12. Energy Effects
                                                      vessels intending to transit the safety                   The Coast Guard respects the First                     This proposed rule is not a
                                                      zone area during the periods of                         Amendment rights of protesters.                       ‘‘significant energy action’’ under
                                                      enforcement. The safety zones will not                  Protesters are asked to contact the                   Executive Order 13211, Actions
                                                      have a significant economic impact on                   person listed in the ‘‘For Further                    Concerning Regulations That
                                                      a substantial number of small entities                  Information Contact’’ section to                      Significantly Affect Energy Supply,
                                                      because they are limited in scope and                   coordinate protest activities so that your            Distribution, or Use.
                                                      will be in effect for a short period of                 message can be received without                       13. Technical Standards
                                                      time. Before the enforcement periods,                   jeopardizing the safety or security of
                                                      the Coast Guard COTP will issue                         people, places or vessels.                              This proposed rule does not use
                                                      maritime advisories widely available to                                                                       technical standards. Therefore, we did
                                                                                                              7. Unfunded Mandates Reform Act                       not consider the use of voluntary
                                                      waterway users. Deviation from the
                                                      safety zone established through this                       The Unfunded Mandates Reform Act                   consensus standards.
                                                      rulemaking may be requested from the                    of 1995 (2 U.S.C. 1531–1538) requires                 14. Environment
                                                      appropriate COTP and requests will be                   Federal agencies to assess the effects of
                                                                                                              their discretionary regulatory actions. In              We have analyzed this proposed rule
                                                      considered on a case-by-case basis.
                                                         Therefore, the Coast Guard certifies                 particular, the Act addresses actions                 under Department of Homeland
                                                      under 5 U.S.C. 605(b) that this proposed                that may result in the expenditure by a               Security Management Directive 023–01
                                                      rule will not have a significant                        State, local, or tribal government, in the            and Commandant Instruction
                                                      economic impact on a substantial                        aggregate, or by the private sector of                M16475.lD, which guide the Coast
                                                      number of small entities.                               $100,000,000 (adjusted for inflation) or              Guard in complying with the National
                                                         If you think that your business,                     more in any one year. Though this                     Environmental Policy Act of 1969
                                                      organization, or governmental                           proposed rule would not result in such                (NEPA) (42 U.S.C. 4321–4370f), and
                                                      jurisdiction qualifies as a small entity                an expenditure, we do discuss the                     have made a preliminary determination
                                                      and that this rule would have a                         effects of this rule elsewhere in this                that this action is one of a category of
                                                      significant economic impact on it,                      preamble.                                             actions that do not individually or
                                                      please submit a comment (see                                                                                  cumulatively have a significant effect on
                                                                                                              8. Taking of Private Property                         the human environment. This proposed
                                                      ADDRESSES) explaining why you think it
                                                      qualifies and how and to what degree                      This proposed rule would not cause a                rule involves establishing a temporary
                                                      this rule would economically affect it.                 taking of private property or otherwise               safety zone for all waters of the Lower
                                                                                                              have taking implications under                        Mississippi River from MM 95.7 to MM
                                                      3. Assistance for Small Entities                        Executive Order 12630, Governmental                   96.7 AHP. This proposed rule is
                                                         Under section 213(a) of the Small                    Actions and Interference with                         categorically excluded under section
                                                      Business Regulatory Enforcement                         Constitutionally Protected Property                   2.B.2, figure 2–1, paragraph (34)(g) of
                                                      Fairness Act of 1996 (Pub. L. 104–121),                 Rights.                                               the Instruction because it involves
                                                      we want to assist small entities in                                                                           establishment of safety zones. An
                                                                                                              9. Civil Justice Reform                               Environmental analysis and a
                                                      understanding this proposed rule. If the
                                                      rule would affect your small business,                     This proposed rule meets applicable                categorical exclusion determination will
                                                      organization, or governmental                           standards in sections 3(a) and 3(b)(2) of             be made available in the docket as
                                                      jurisdiction and you have questions                     Executive Order 12988, Civil Justice                  indicated under ADDRESSES. We seek
                                                      concerning its provisions or options for                Reform, to minimize litigation,                       any comments or information that may
                                                      compliance, please contact the person                   eliminate ambiguity, and reduce                       lead to the discovery of a significant
                                                      listed in the FOR FURTHER INFORMATION                   burden.                                               environmental impact from this
                                                      CONTACT, above. The Coast Guard will                                                                          proposed rule.
                                                                                                              10. Protection of Children From
                                                      not retaliate against small entities that               Environmental Health Risks                            List of Subjects in 33 CFR Part 165
                                                      question or complain about this
                                                      proposed rule or any policy or action of                   We have analyzed this proposed rule                  Marine safety, Navigation (water),
                                                      the Coast Guard.                                        under Executive Order 13045,                          Reporting and recordkeeping
                                                                                                              Protection of Children from                           requirements, Security measures,
                                                      4. Collection of Information                            Environmental Health Risks and Safety                 Waterways.
                                                         This proposed rule will not call for a               Risks. This rule is not an economically                 For the reasons discussed in the
                                                      new collection of information under the                 significant rule and would not create an              preamble, the Coast Guard proposes to
                                                      Paperwork Reduction Act of 1995 (44                     environmental risk to health or risk to               amend 33 CFR part 165 as follows:
                                                      U.S.C. 3501–3520.).                                     safety that might disproportionately
                                                                                                              affect children.                                      PART 165—REGULATED NAVIGATION
                                                      5. Federalism                                                                                                 AREAS AND LIMITED ACCESS AREAS
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                                                         A rule has implications for federalism               11. Indian Tribal Governments
                                                      under Executive Order 13132,                               This proposed rule does not have                   ■ 1. The authority citation for part 165
                                                      Federalism, if it has a substantial direct              tribal implications under Executive                   continues to read as follows:
                                                      effect on the States, on the relationship               Order 13175, Consultation and                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                      between the national government and                     Coordination with Indian Tribal                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                      the States, or on the distribution of                   Governments, because it would not have                Department of Homeland Security Delegation
                                                      power and responsibilities among the                    a substantial direct effect on one or                 No. 0170.1.
                                                      various levels of government. We have                   more Indian tribes, on the relationship               ■ 2. Add § 165.T08–0677 to subpart F
                                                      analyzed this proposed rule under that                  between the Federal Government and                    under the undesignated center heading


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                                                      55586             Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules

                                                      Eighth Coast Guard District to read as                  ENVIRONMENTAL PROTECTION                              relevant adverse comments, the direct
                                                      follows:                                                AGENCY                                                final rule will be withdrawn and all
                                                                                                                                                                    public comments received will be
                                                      § 165.T08–0677 Safety Zones; Lower                      40 CFR Part 52                                        addressed in a subsequent final rule
                                                      Mississippi River Miles 95.7 to 96.7; New                                                                     based on this proposed action. EPA will
                                                      Orleans, LA                                             [EPA–R07–OAR–2015–0520; FRL–9933–99–
                                                                                                              Region 7]                                             not institute a second comment period
                                                         (a) Location. The following area is a                                                                      on this action. Any parties interested in
                                                      safety zone: All waters of the Lower                    Approval and Promulgation of Air                      commenting on this action should do so
                                                      Mississippi River from mile marker 95.7                 Quality Implementation Plans; State of                at this time. Please note that if EPA
                                                      to mile marker 96.7 Above Head of                       Missouri; Control of NOX Emissions                    receives adverse comment on part of
                                                      Passes, New Orleans, LA.                                From Large Stationary Internal                        this rule and if that part can be severed
                                                                                                              Combustion Engines                                    from the remainder of the rule, EPA may
                                                         (b) Effective date and enforcement                                                                         adopt as final those parts of the rule that
                                                      period. This rule is effective and                      AGENCY:  Environmental Protection                     are not the subject of an adverse
                                                      enforceable with actual notice on                       Agency (EPA).                                         comment. For additional information,
                                                      October 10, 2015 and on October 22,                     ACTION: Proposed rule.                                see the direct final rule which is located
                                                      2015, for one hour in the evening of                                                                          in the rules section of this Federal
                                                      each date.                                              SUMMARY:   The Environmental Protection
                                                                                                              Agency (EPA) is proposing to approve                  Register.
                                                         (c) Regulations. (1) In accordance with              revisions to the State Implementation                 List of Subjects in 40 CFR Part 52
                                                      the general regulations in § 165.23 of                  Plan (SIP) for the State of Missouri
                                                      this part, entry into this zone is                                                                              Environmental protection, Air
                                                                                                              submitted on October 17, 2013. These
                                                      prohibited unless specifically                                                                                pollution control, Incorporation by
                                                                                                              revisions remove definitions that were
                                                      authorized by the Captain of the Port                                                                         reference, Intergovernmental relations,
                                                                                                              in this rule but have been moved to the
                                                      (COTP) New Orleans or designated                                                                              Ozone, Reporting and recordkeeping
                                                                                                              state’s general definitions rule. The
                                                                                                                                                                    requirements.
                                                      personnel. Designated personnel                         revisions also add text and corrects a
                                                      include commissioned, warrant and                       wording error found in the rule. EPA’s                  Dated: September 3, 2015.
                                                      petty officers of the U.S. Coast Guard                  approval of these rule revisions is being             Becky Weber,
                                                      assigned to units under the operational                 done in accordance with the                           Acting Regional Administrator, Region 7.
                                                      control of USCG Sector New Orleans.                     requirements of the Clean Air Act                     [FR Doc. 2015–23177 Filed 9–15–15; 8:45 am]
                                                      For this rule the COTP’s designated                     (CAA).                                                BILLING CODE 6560–50–P
                                                      representative is Vessel Traffic Service                DATES:   Comments on this proposed
                                                      Lower Mississippi River.                                action must be received in writing by
                                                                                                              October 16, 2015.                                     ENVIRONMENTAL PROTECTION
                                                         (2) Vessels requiring deviation from                                                                       AGENCY
                                                      this rule must request permission from                  ADDRESSES: Submit your comments,
                                                      the COTP New Orleans or a COTP New                      identified by Docket ID No. EPA–R07–                  40 CFR Part 62
                                                      Orleans designated representative. They                 OAR–2015–0520, by mail to Lachala
                                                                                                              Kemp, Environmental Protection                        [EPA–R07–OAR–2015–0543; FRL–9933–94–
                                                      may be contacted on VHF–FM Channel                                                                            Region 7]
                                                      16 or 67, or through Vessel Traffic                     Agency, Air Planning and Development
                                                      Service Lower Mississippi River at 504–                 Branch, 11201 Renner Boulevard,
                                                                                                                                                                    Approval and Promulgation of Air
                                                      365–2415.                                               Lenexa, Kansas 66219. Comments may
                                                                                                                                                                    Quality Implementation Plans for
                                                                                                              also be submitted electronically or
                                                         (3) Persons and vessels permitted to                                                                       Designated Facilities and Pollutants;
                                                                                                              through hand delivery/courier by
                                                      deviate from this safety zone regulation                                                                      Missouri; Sewage Sludge Incinerators
                                                                                                              following the detailed instructions in
                                                      and enter the restricted area must transit              the ADDRESSES section of the direct final             AGENCY:  Environmental Protection
                                                      at the slowest safe speed and comply                    rule located in the rules section of this             Agency (EPA).
                                                      with all lawful directions issued by the                Federal Register.                                     ACTION: Proposed rule.
                                                      COTP New Orleans or the designated                      FOR FURTHER INFORMATION CONTACT:
                                                      representative.                                         Lachala Kemp, Environmental                           SUMMARY:    The Environmental Protection
                                                         (d) Information broadcasts. The COTP                 Protection Agency, Air Planning and                   Agency (EPA) proposes to approve
                                                      New Orleans or a COTP New Orleans                       Development Branch, 11201 Renner                      revisions to the state plan for designated
                                                      designated representative will inform                   Boulevard, Lenexa, Kansas 66219 at                    facilities and pollutants developed
                                                      the public through broadcast notices to                 (913) 551–7214 or by email at                         under sections 111(d) and 129 of the
                                                                                                              kemp.lachala@epa.gov.                                 Clean Air Act for the State of Missouri.
                                                      mariners of the enforcement period for
                                                                                                              SUPPLEMENTARY INFORMATION: In the
                                                                                                                                                                    This proposed rule will amend the state
                                                      the safety zone as well as any changes
                                                                                                              final rules section of this Federal                   plan to include a new plan and
                                                      in the planned schedule.                                                                                      associated rule implementing emission
                                                                                                              Register, EPA is approving the state’s
                                                        Dated: August 14, 2015.                                                                                     guidelines for Sewage Sludge
                                                                                                              SIP revision as a direct final rule
                                                      P.C. Schifflin,                                         without prior proposal because the                    Incinerators published in the Federal
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                                                      Captain, U.S. Coast Guard, Captain of the               Agency views this as a noncontroversial               Register on March 21, 2011.
                                                      Port New Orleans.                                       revision amendment and anticipates no                 DATES: Comments on this proposed
                                                      [FR Doc. 2015–23264 Filed 9–15–15; 8:45 am]             relevant adverse comments to this                     action must be received in writing by
                                                      BILLING CODE 9110–04–P                                  action. A detailed rationale for the                  October 16, 2015.
                                                                                                              approval is set forth in the direct final             ADDRESSES: Submit your comments,
                                                                                                              rule. If no relevant adverse comments                 identified by Docket ID No. EPA–R07–
                                                                                                              are received in response to this action,              OAR–2015–0543, by mail to Paula
                                                                                                              no further activity is contemplated in                Higbee, Environmental Protection
                                                                                                              relation to this action. If EPA receives              Agency, Air Planning and Development


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Document Created: 2018-02-26 10:16:32
Document Modified: 2018-02-26 10:16:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before October 1, 2015.
ContactIf you have questions on this rule, call or email Lieutenant Commander (LCDR) James Gatz, Sector New Orleans, at (504) 365-2281 or [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone (202) 366- 9826.
FR Citation80 FR 55583 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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