81_FR_12635 81 FR 12588 - Safety Zone; Upper Mississippi River 321.4 to 321.6; Quincy, IL

81 FR 12588 - Safety Zone; Upper Mississippi River 321.4 to 321.6; Quincy, IL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 47 (March 10, 2016)

Page Range12588-12590
FR Document2016-05388

The Coast Guard is establishing a temporary safety zone for all waters of the Upper Mississippi River (UMR) from mile 321.4 to mile 321.6. The safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with work being completed on new power lines across the river. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP). Deviation from the safety zone may be requested and will be considered on a case-by-case basis as specifically authorized by the COTP or a designated representative.

Federal Register, Volume 81 Issue 47 (Thursday, March 10, 2016)
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Rules and Regulations]
[Pages 12588-12590]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-05388]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0155]
RIN 1625-AA00


Safety Zone; Upper Mississippi River 321.4 to 321.6; Quincy, IL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Upper Mississippi River (UMR) from mile 321.4 to mile 
321.6. The safety zone is needed to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
work being completed on new power lines across the river. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP). Deviation from the safety 
zone may be requested and will be considered on a case-by-case basis as 
specifically authorized by the COTP or a designated representative.

DATES: This rule is effective from 7:00 a.m. until 5:00 p.m. daily 
beginning on March 21, 2016 through April 1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0155 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast 
Guard; telephone 314-269-2332, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
UMR Upper Mississippi River
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency finds good cause that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because Ameren notified the Coast Guard on 
February 17, 2016, that this work will require helicopters to stretch 
the power lines across the river. Due to the risks associated with this 
work crossing the navigable channel, a closure is needed. It would be 
impracticable to publish a NPRM because the safety zone must be 
established beginning March 21, 2016. Broadcast Notices to Mariners 
(BNM) and information sharing with waterway users will update mariners 
of the safety zone and enforcement times during the operations.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Providing 30 days 
notice would be impracticable because immediate action is needed to 
protect vessels from the hazards associated with the rope crossing the 
navigable channel.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP UMR has determined that potential hazards associated 
with using helicopters to stretch power lines across the navigational 
channel presents safety concerns for anyone within this limited area of 
the UMR. This rule provides additional safety measures, to protect 
persons and vessels, in the form of a safety zone from mile 321.4 to 
mile 321.6 on the UMR to protect those in the area and for the Coast 
Guard to maintain navigational safety.

IV. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone prohibiting 
access to the UMR from mile 321.4 to mile 321.6, extending the entire 
width of the river from 7:00 a.m. until 5:00 p.m. daily beginning on 
March 21, 2016 and scheduled to end on April 1, 2016, or until 
conditions allow for safe navigation, whichever occurs earlier. 
Deviation from the safety zone may be requested and will be considered 
on a case-by-case basis as specifically authorized by the COTP or a 
designated representative. The COTP may be contacted by telephone at 
314-269-2332 or can be reached by VHF-FM channel 16.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget. This rule establishes a temporary safety zone limiting access 
to the UMR from mile 321.4 to mile 321.6. Notifications of enforcement 
times will be communicated to the marine community via BNM. The impacts 
on navigation will be limited to ensure the safety of mariners and 
vessels during the period that the helicopters will be pulling the 
power lines across the navigational channel. Deviation requests

[[Page 12589]]

will be reviewed and considered on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone on the UMR from mile 321.4 to mile 321.6. 
It is categorically excluded from further review under paragraph 34(g) 
of Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority:  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.T08-0155 to read as follows:


Sec.  165.T08-0155  Safety Zone; Upper Mississippi River 321.4 to 
321.6; Quincy, IL.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Mississippi River mile 321.4 to 321.6, extending the entire 
width of the river.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port Upper Mississippi River (COTP) in the enforcement 
of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF-FM channel 16, or through Coast Guard Sector 
Upper Mississippi River at 314-269-2332. Those in the safety zone must 
comply with all lawful orders or directions given to them by the COTP 
or the COTP's designated representative.
    (d) Effective and enforcement period. This rule is effective and 
will be enforced from 7:00 a.m. until 5:00 p.m. daily beginning on 
March 21, 2016 through April 1, 2016.


[[Page 12590]]


    Dated: March 3, 2016.
M.L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-05388 Filed 3-9-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                12588             Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations

                                                1610.1(d). If the adult wearing apparel                 www.regulations.gov, type USCG–2016–                  COTP UMR has determined that
                                                is not exempt from testing under 16 CFR                 0155 in the ‘‘SEARCH’’ box and click                  potential hazards associated with using
                                                1610.1(d), none of this policy, the                     ‘‘SEARCH.’’ Click on Open Docket                      helicopters to stretch power lines across
                                                enforcement discretion described in this                Folder on the line associated with this               the navigational channel presents safety
                                                policy nor the implications of such                     rule.                                                 concerns for anyone within this limited
                                                enforcement discretion shall apply. In                  FOR FURTHER INFORMATION CONTACT: If                   area of the UMR. This rule provides
                                                addition, any misrepresentation or                      you have questions on this rule, call or              additional safety measures, to protect
                                                omission regarding the applicable facts                 email LCDR Sean Peterson, Chief of                    persons and vessels, in the form of a
                                                or application of 16 CFR 1610.1(d)                      Prevention, U.S. Coast Guard; telephone               safety zone from mile 321.4 to mile
                                                under the circumstances could subject                   314–269–2332, email Sean.M.Peterson@                  321.6 on the UMR to protect those in the
                                                the applicable firm to applicable                       uscg.mil.                                             area and for the Coast Guard to maintain
                                                compliance or enforcement action and                    SUPPLEMENTARY INFORMATION:                            navigational safety.
                                                potential civil and/or criminal penalties.
                                                                                                        I. Table of Abbreviations                             IV. Discussion of the Rule
                                                   The Commission’s exercise of the
                                                enforcement discretion described in this                BNM Broadcast Notice to Mariners                        The Coast Guard is establishing a
                                                policy is not intended to, does not and                 CFR Code of Federal Regulations                       temporary safety zone prohibiting
                                                may not be relied upon to create any                    COTP Captain of the Port                              access to the UMR from mile 321.4 to
                                                right or benefit, substantive or                        DHS Department of Homeland Security
                                                                                                                                                              mile 321.6, extending the entire width
                                                                                                        FR Federal Register
                                                procedural, enforceable at law by any                   NPRM Notice of proposed rulemaking                    of the river from 7:00 a.m. until 5:00
                                                party against the CPSC or otherwise                     § Section                                             p.m. daily beginning on March 21, 2016
                                                against the United States government.                   UMR Upper Mississippi River                           and scheduled to end on April 1, 2016,
                                                  Dated: February 26, 2016.                             U.S.C. United States Code                             or until conditions allow for safe
                                                Todd A. Stevenson,                                                                                            navigation, whichever occurs earlier.
                                                                                                        II. Background Information and
                                                                                                                                                              Deviation from the safety zone may be
                                                Secretary, Consumer Product Safety                      Regulatory History
                                                Commission.                                                                                                   requested and will be considered on a
                                                                                                           The Coast Guard is issuing this                    case-by-case basis as specifically
                                                [FR Doc. 2016–04533 Filed 3–9–16; 8:45 am]              temporary rule without prior notice and               authorized by the COTP or a designated
                                                BILLING CODE 6355–01–P                                  opportunity to comment pursuant to                    representative. The COTP may be
                                                                                                        authority under section 4(a) of the                   contacted by telephone at 314–269–
                                                                                                        Administrative Procedure Act (APA) (5                 2332 or can be reached by VHF–FM
                                                DEPARTMENT OF HOMELAND                                  U.S.C. 553(b)). This provision                        channel 16.
                                                SECURITY                                                authorizes an agency to issue a rule
                                                                                                        without prior notice and opportunity to               V. Regulatory Analyses
                                                Coast Guard                                             comment when the agency finds good                      We developed this rule after
                                                                                                        cause that those procedures are                       considering numerous statutes and
                                                33 CFR Part 165                                         ‘‘impracticable, unnecessary, or contrary             Executive Orders related to rulemaking.
                                                [Docket Number USCG–2016–0155]                          to the public interest.’’ Under 5 U.S.C.              Below we summarize our analyses
                                                                                                        553(b)(B), the Coast Guard finds that                 based on a number of these statutes and
                                                RIN 1625–AA00                                           good cause exists for not publishing a                Executive Orders, and we discuss First
                                                                                                        notice of proposed rulemaking (NPRM)                  Amendment rights of protestors.
                                                Safety Zone; Upper Mississippi River                    with respect to this rule because
                                                321.4 to 321.6; Quincy, IL                              Ameren notified the Coast Guard on                    A. Regulatory Planning and Review
                                                AGENCY:  Coast Guard, DHS.                              February 17, 2016, that this work will
                                                                                                                                                                 Executive Orders 12866 and 13563
                                                ACTION: Temporary final rule.
                                                                                                        require helicopters to stretch the power
                                                                                                                                                              direct agencies to assess the costs and
                                                                                                        lines across the river. Due to the risks
                                                                                                        associated with this work crossing the                benefits of available regulatory
                                                SUMMARY:   The Coast Guard is                                                                                 alternatives and, if regulation is
                                                establishing a temporary safety zone for                navigable channel, a closure is needed.
                                                                                                        It would be impracticable to publish a                necessary, to select regulatory
                                                all waters of the Upper Mississippi                                                                           approaches that maximize net benefits.
                                                River (UMR) from mile 321.4 to mile                     NPRM because the safety zone must be
                                                                                                        established beginning March 21, 2016.                 Executive Order 13563 emphasizes the
                                                321.6. The safety zone is needed to                                                                           importance of quantifying both costs
                                                protect persons, property, and                          Broadcast Notices to Mariners (BNM)
                                                                                                        and information sharing with waterway                 and benefits, of reducing costs, of
                                                infrastructure from potential damage                                                                          harmonizing rules, and of promoting
                                                and safety hazards associated with work                 users will update mariners of the safety
                                                                                                        zone and enforcement times during the                 flexibility. This rule has not been
                                                being completed on new power lines                                                                            designated a ‘‘significant regulatory
                                                across the river. Entry of vessels or                   operations.
                                                                                                           We are issuing this rule, and under 5              action,’’ under Executive Order 12866.
                                                persons into this zone is prohibited                                                                          Accordingly, it has not been reviewed
                                                unless specifically authorized by the                   U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                        that good cause exists for making it                  by the Office of Management and
                                                Captain of the Port (COTP). Deviation                                                                         Budget. This rule establishes a
                                                from the safety zone may be requested                   effective less than 30 days after
                                                                                                        publication in the Federal Register.                  temporary safety zone limiting access to
                                                and will be considered on a case-by-case                                                                      the UMR from mile 321.4 to mile 321.6.
                                                basis as specifically authorized by the                 Providing 30 days notice would be
                                                                                                        impracticable because immediate action                Notifications of enforcement times will
                                                COTP or a designated representative.
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        is needed to protect vessels from the                 be communicated to the marine
                                                DATES: This rule is effective from 7:00                                                                       community via BNM. The impacts on
                                                                                                        hazards associated with the rope
                                                a.m. until 5:00 p.m. daily beginning on                 crossing the navigable channel.                       navigation will be limited to ensure the
                                                March 21, 2016 through April 1, 2016.                                                                         safety of mariners and vessels during
                                                ADDRESSES: To view documents                            III. Legal Authority and Need for Rule                the period that the helicopters will be
                                                mentioned in this preamble as being                        The Coast Guard is issuing this rule               pulling the power lines across the
                                                available in the docket, go to http://                  under authority in 33 U.S.C. 1231. The                navigational channel. Deviation requests


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                                                                  Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations                                            12589

                                                will be reviewed and considered on a                    between the national government and                   G. Protest Activities
                                                case-by-case basis.                                     the States, or on the distribution of                   The Coast Guard respects the First
                                                                                                        power and responsibilities among the                  Amendment rights of protesters.
                                                B. Impact on Small Entities
                                                                                                        various levels of government. We have                 Protesters are asked to contact the
                                                   The Regulatory Flexibility Act of                    analyzed this rule under that Order and               person listed in the FOR FURTHER
                                                1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 INFORMATION CONTACT section to
                                                requires Federal agencies to consider                   with the fundamental federalism                       coordinate protest activities so that your
                                                the potential impact of regulations on                  principles and preemption requirements                message can be received without
                                                small entities during rulemaking. The                   described in Executive Order 13132.                   jeopardizing the safety or security of
                                                term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               people, places or vessels.
                                                businesses, not-for-profit organizations                implications under Executive Order
                                                that are independently owned and                        13175, Consultation and Coordination                  List of Subjects in 33 CFR Part 165
                                                operated and are not dominant in their                  with Indian Tribal Governments,                         Harbors, Marine safety, Navigation
                                                fields, and governmental jurisdictions                  because it does not have a substantial                (water), Reporting and recordkeeping
                                                with populations of less than 50,000.                   direct effect on one or more Indian                   requirements, Security measures,
                                                The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               Waterways.
                                                605(b) that this rule will not have a                   Federal Government and Indian tribes,                   For the reasons discussed in the
                                                significant economic impact on a                        or on the distribution of power and                   preamble, the Coast Guard amends 33
                                                substantial number of small entities.                   responsibilities between the Federal                  CFR part 165 as follows:
                                                   While some owners or operators of                    Government and Indian tribes. If you
                                                vessels intending to transit the safety                 believe this rule has implications for                PART 165—REGULATED NAVIGATION
                                                zone may be small entities, for the                     federalism or Indian tribes, please                   AREAS AND LIMITED ACCESS AREAS
                                                reasons stated in section V.A. above,                   contact the person listed in the FOR
                                                this rule will not have a significant                                                                         ■ 1. The authority citation for part 165
                                                                                                        FURTHER INFORMATION CONTACT section
                                                economic impact on any vessel owner                                                                           continues to read as follows:
                                                                                                        above.
                                                or operator.                                                                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                   Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Business Regulatory Enforcement                                                                               Department of Homeland Security Delegation
                                                                                                          The Unfunded Mandates Reform Act
                                                Fairness Act of 1996 (Pub. L. 104–121),                                                                       No. 0170.1.
                                                                                                        of 1995 (2 U.S.C. 1531–1538) requires
                                                we want to assist small entities in                                                                           ■ 2. Add § 165.T08–0155 to read as
                                                                                                        Federal agencies to assess the effects of
                                                understanding this rule. If the rule                                                                          follows:
                                                                                                        their discretionary regulatory actions. In
                                                would affect your small business,
                                                                                                        particular, the Act addresses actions                 § 165.T08–0155 Safety Zone; Upper
                                                organization, or governmental
                                                                                                        that may result in the expenditure by a               Mississippi River 321.4 to 321.6; Quincy, IL.
                                                jurisdiction and you have questions
                                                                                                        State, local, or tribal government, in the              (a) Location. The following area is a
                                                concerning its provisions or options for
                                                                                                        aggregate, or by the private sector of                safety zone: All waters of the Upper
                                                compliance, please contact the person
                                                                                                        $100,000,000 (adjusted for inflation) or              Mississippi River mile 321.4 to 321.6,
                                                listed in the FOR FURTHER INFORMATION
                                                                                                        more in any one year. Though this rule                extending the entire width of the river.
                                                CONTACT section.
                                                   Small businesses may send comments                   will not result in such an expenditure,                 (b) Definitions. As used in this
                                                on the actions of Federal employees                     we do discuss the effects of this rule                section, designated representative
                                                who enforce, or otherwise determine                     elsewhere in this preamble.                           means a Coast Guard Patrol
                                                compliance with, Federal regulations to                 F. Environment                                        Commander, including a Coast Guard
                                                the Small Business and Agriculture                                                                            coxswain, petty officer, or other officer
                                                Regulatory Enforcement Ombudsman                           We have analyzed this rule under                   operating a Coast Guard vessel and a
                                                and the Regional Small Business                         Department of Homeland Security                       Federal, State, and local officer
                                                Regulatory Fairness Boards. The                         Management Directive 023–01 and                       designated by or assisting the Captain of
                                                Ombudsman evaluates these actions                       Commandant Instruction M16475.lD,                     the Port Upper Mississippi River
                                                annually and rates each agency’s                        which guide the Coast Guard in                        (COTP) in the enforcement of the safety
                                                responsiveness to small business. If you                complying with the National                           zone.
                                                wish to comment on actions by                           Environmental Policy Act of 1969 (42                    (c) Regulations. (1) Under the general
                                                employees of the Coast Guard, call                      U.S.C. 4321–4370f), and have                          safety zone regulations in subpart C of
                                                1–888–REG–FAIR (1–888–734–3247).                        determined that this action is one of a               this part, you may not enter the safety
                                                The Coast Guard will not retaliate                      category of actions that do not                       zone described in paragraph (a) of this
                                                against small entities that question or                 individually or cumulatively have a                   section unless authorized by the COTP
                                                complain about this rule or any policy                  significant effect on the human                       or the COTP’s designated representative.
                                                or action of the Coast Guard.                           environment. This rule involves a safety                (2) To seek permission to enter,
                                                                                                        zone on the UMR from mile 321.4 to                    contact the COTP or the COTP’s
                                                C. Collection of Information                            mile 321.6. It is categorically excluded              representative via VHF–FM channel 16,
                                                  This rule will not call for a new                     from further review under paragraph                   or through Coast Guard Sector Upper
                                                collection of information under the                     34(g) of Figure 2–1 of the Commandant                 Mississippi River at 314–269–2332.
                                                Paperwork Reduction Act of 1995 (44                     Instruction. An environmental analysis                Those in the safety zone must comply
                                                U.S.C. 3501–3520).                                      checklist supporting this determination               with all lawful orders or directions
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        and a Categorical Exclusion                           given to them by the COTP or the
                                                D. Federalism and Indian Tribal                         Determination are available in the                    COTP’s designated representative.
                                                Governments                                             docket where indicated under                            (d) Effective and enforcement period.
                                                   A rule has implications for federalism               ADDRESSES. We seek any comments or                    This rule is effective and will be
                                                under Executive Order 13132,                            information that may lead to the                      enforced from 7:00 a.m. until 5:00 p.m.
                                                Federalism, if it has a substantial direct              discovery of a significant environmental              daily beginning on March 21, 2016
                                                effect on the States, on the relationship               impact from this rule.                                through April 1, 2016.


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                                                12590             Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Rules and Regulations

                                                  Dated: March 3, 2016.                                 Background                                            included a compliance date of May 7,
                                                M.L. Malloy,                                                                                                  2012.
                                                                                                           Under Title VIII of the Alaska                        On October 23, 2009, Secretary of the
                                                Captain, U.S. Coast Guard, Captain of the
                                                Port Upper Mississippi River.                           National Interest Lands Conservation                  Interior Ken Salazar announced the
                                                                                                        Act (ANILCA) (16 U.S.C. 3111–3126),                   initiation of a Departmental review of
                                                [FR Doc. 2016–05388 Filed 3–9–16; 8:45 am]
                                                                                                        the Secretary of the Interior and the                 the Federal Subsistence Management
                                                BILLING CODE 9110–04–P
                                                                                                        Secretary of Agriculture (Secretaries)                Program in Alaska; Secretary of
                                                                                                        jointly implement the Federal                         Agriculture Tom Vilsack later concurred
                                                                                                        Subsistence Management Program                        with this course of action. The
                                                DEPARTMENT OF AGRICULTURE                               (Program). This program provides a                    Secretaries announced the findings of
                                                                                                        preference for take of fish and wildlife              the review, which included several
                                                Forest Service                                          resources for subsistence uses on                     proposed administrative and regulatory
                                                                                                        Federal public lands and waters in                    reviews and/or revisions to strengthen
                                                36 CFR Part 242                                         Alaska. Only residents of areas                       the Program and make it more
                                                                                                        identified as rural are eligible to                   responsive to those who rely on it for
                                                DEPARTMENT OF THE INTERIOR                              participate in the Program on Federal                 their subsistence uses. One proposal
                                                                                                        public lands in Alaska. Because this                  called for a review, with Council input,
                                                Fish and Wildlife Service                               program is a joint effort between Interior            of the rural determination process and,
                                                                                                        and Agriculture, these regulations are                if needed, recommendations for
                                                50 CFR Part 100                                         located in two titles of the Code of                  regulatory changes.
                                                [Docket No. FWS–R7–SM–2015–0156;                        Federal Regulations (CFR): Title 36,                     The Board met on January 20, 2012,
                                                FXRS12610700000–156–FF07J00000; FBMS                    ‘‘Parks, Forests, and Public Property,’’              and, among other things, decided to
                                                #4500087231]                                            and Title 50, ‘‘Wildlife and Fisheries,’’             extend the compliance date of its 2007
                                                RIN 1018–BA82
                                                                                                        at 36 CFR 242.1–242.28 and 50 CFR                     final rule on rural determinations. A
                                                                                                        100.1–100.28, respectively.                           final rule published March 1, 2012 (77
                                                Subsistence Management Regulations                         Consistent with these regulations, the             FR 12477), that extended the
                                                for Public Lands in Alaska; Rural                       Secretaries established a Federal                     compliance date until either the rural
                                                Determinations, Nonrural List                           Subsistence Board (Board) comprising                  determination process and findings
                                                                                                        Federal officials and public members to               review were completed or 5 years,
                                                AGENCY: Forest Service, Agriculture;                    administer the Program. One of the                    whichever came first. The 2007
                                                Fish and Wildlife Service, Interior.                    Board’s responsibilities is to determine              regulations have remained in titles 36
                                                ACTION: Affirmation of direct final rule.               which communities or areas of the State               and 50 of the CFR unchanged since their
                                                                                                        are nonrural. The Secretaries also                    effective date.
                                                SUMMARY:   The Federal Subsistence                                                                               The Board followed that action with
                                                                                                        divided Alaska into 10 subsistence
                                                Board is adopting, without change, a                                                                          a request for comments and
                                                                                                        resource regions, each of which is
                                                direct final rule that revised the list of                                                                    announcement of public meetings (77
                                                                                                        represented by a Regional Advisory
                                                areas in Alaska determined to be                                                                              FR 77005; December 31, 2012) to receive
                                                                                                        Council (Council). The Council
                                                nonrural for purposes of the Federal                                                                          public, Tribal, and Alaska Native
                                                                                                        members represent varied geographical,
                                                Subsistence Program to the list that                                                                          Corporation input on the rural
                                                                                                        cultural, and user interests within each
                                                existed prior to 2007. Accordingly, the                                                                       determination process. At their fall 2013
                                                                                                        region. The Councils provide a forum
                                                community of Saxman and the area of                                                                           meetings, the Councils provided a
                                                                                                        for rural residents with personal
                                                Prudhoe Bay were removed from the                                                                             public forum to hear from residents of
                                                                                                        knowledge of local conditions and
                                                nonrural list. The following areas                                                                            their regions, deliberate on the rural
                                                                                                        resource requirements to have a
                                                continue to be nonrural, but their                                                                            determination process, and provide
                                                                                                        meaningful role in the subsistence
                                                boundaries returned to their previous                                                                         recommendations for changes to the
                                                                                                        management of fish and wildlife on
                                                borders: The Kenai Area; the Wasilla/                                                                         Board. The Board also held hearings in
                                                                                                        Federal public lands in Alaska.
                                                Palmer area; the Homer area; and the                                                                          Barrow, Ketchikan, Sitka, Kodiak,
                                                Ketchikan area. Because we received no                  Related Rulemaking                                    Bethel, Anchorage, Fairbanks, Kotzebue,
                                                substantive adverse comments on the                                                                           Nome, and Dillingham to solicit
                                                direct final rule, it is now effective.                    The Secretaries published a final rule             comments on the rural determination
                                                                                                        (80 FR 68249; November 4, 2015) that                  process, and public testimony was
                                                DATES: The direct final rule published at
                                                                                                        sets forth a new process by which the                 recorded. Government-to-government
                                                80 FR 68245 on November 4, 2015, was                    Board will make rural determinations
                                                effective December 21, 2015.                                                                                  tribal consultations on the rural
                                                                                                        (‘‘Subsistence Management Regulations                 determination process were held
                                                ADDRESSES: The direct final rule may be                 for Public Lands in Alaska; Rural                     between members of the Board and
                                                found online at www.regulations.gov in                  Determination Process’’).                             Federally recognized Tribes of Alaska.
                                                Docket No. FWS–R7–SM–2015–0156.                            Until promulgation of the rule                     Additional consultations were held
                                                FOR FURTHER INFORMATION CONTACT:                        mentioned above, Federal subsistence                  between members of the Board and
                                                Chair, Federal Subsistence Board, c/o                   regulations at 36 CFR 242.15 and 50                   Alaska Native Corporations.
                                                U.S. Fish and Wildlife Service,                         CFR 100.15 had required that the rural                   Altogether, the Board received 475
                                                Attention: Eugene R. Peltola, Jr., Office               or nonrural status of communities or                  substantive comments from various
                                                of Subsistence Management; (907) 786–                   areas be reviewed every 10 years,                     sources, including individuals,
jstallworth on DSK7TPTVN1PROD with RULES




                                                3888 or subsistence@fws.gov. For                        beginning with the availability of the                members of the Councils, and other
                                                questions specific to National Forest                   2000 census data. In addition, criteria               entities or organizations, such as Alaska
                                                System lands, contact Thomas Whitford,                  for aggregation of communities and                    Native Corporations and borough
                                                Regional Subsistence Program Leader,                    population thresholds were listed. On                 governments. In general, this
                                                USDA, Forest Service, Alaska Region;                    May 7, 2007, the Board published a final              information indicated a broad
                                                (907) 743–9461 or twhitford@fs.fed.us.                  rule that revised the list of nonrural                dissatisfaction with the current rural
                                                SUPPLEMENTARY INFORMATION:                              areas (72 FR 25688), and the rule                     determination process.


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Document Created: 2018-02-02 15:12:12
Document Modified: 2018-02-02 15:12:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7:00 a.m. until 5:00 p.m. daily beginning on March 21, 2016 through April 1, 2016.
ContactIf you have questions on this rule, call or email LCDR Sean Peterson, Chief of Prevention, U.S. Coast Guard; telephone 314-269-2332, email [email protected]
FR Citation81 FR 12588 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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