81 FR 17635 - Safety Zone; Louisiana Dragon Boat Race, Red River Mile Marker, (MM) 88.0 to (MM) 88.5

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 61 (March 30, 2016)

Page Range		17635-17637
FR Document		2016-06909

The Coast Guard proposes to establish a permanent safety zone for an annually recurring marine event in the Red River, from MM 88.0 to MM 88.5. This action is necessary to protect persons and vessels from the potential safety hazards associated with a dragon boat race taking place in early May, 2016 and recurring annually thereafter. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port (COTP), Lower Mississippi River or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)

[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Proposed Rules]
[Pages 17635-17637]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06909]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0171]
RIN 1625-AA00


Safety Zone; Louisiana Dragon Boat Race, Red River Mile Marker, 
(MM) 88.0 to (MM) 88.5

AGENCY: Coast Guard, DHS.

ACTION: Notice of Proposed Rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
for an annually recurring marine event in the Red River, from MM 88.0 
to MM 88.5. This action is necessary to protect persons and vessels 
from the potential safety hazards associated with a dragon boat race 
taking place in early May, 2016 and recurring annually thereafter. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless specifically authorized by the Captain of the 
Port (COTP), Lower Mississippi River or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 14, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0171 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email LT Tyrone Conner, Sector Lower 
Mississippi River Waterways Management Division, U.S. Coast Guard; 
telephone (901)521-4725, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    This is the sixth annual Louisiana Dragon Boat Race, occurring each 
year on the Red River during the first few weeks in May. We have 
established a safety zone for the race event in past years through a 
temporary final rulemaking each year. For this year and subsequent 
years, we propose to establish the safety zone as a permanent annually 
recurring regulation to safeguard against the hazards associated with a 
race event on the Red River, near Alexandria, Louisiana.
    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231. The purpose of this proposed safety zone is to protect 
both spectators and participants from the hazards associated with the 
race event.

III. Discussion of Proposed Rule

    The COTP Lower Mississippi River proposes to establish a safety 
zone approximately 7:00 a.m. to 5:00 p.m. for approximately 10 hours on 
the first or second Saturday in May, recurring annually. The proposed 
safety zone would encompass all waters of the Red River from Mile 
Marker (MM) 88.0 to (MM) 88.5. All persons and vessels, except those 
persons and vessels participating in the dragon boat race and those 
vessels enforcing the areas, would be prohibited from entering, 
transiting through, anchoring in, or remaining within the safety zone. 
No vessel or person would be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget.
    This regulatory action determination is based on the time, location 
and duration of the safety zone. Vessel traffic would be restricted 
from entering,

[[Page 17636]]

transiting, or anchoring within a small portion of the Red River during 
one day each May. Vessels may request permission from the COTP to 
deviate from the restriction and transit through the safety zone and 
notifications to the marine community will be made through local notice 
to mariners (LNM) and broadcast notice to mariners (BNM). Therefore, 
those operating on the waterway will be able to plan operations around 
the proposed safety zone and its enforcement times.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (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 approximately 10 hours on one 
day in May each year on the Red River from (MM) 88.0 to (MM) 88.5. 
Normally such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist and 
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 
proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

[[Page 17637]]

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, 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, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1

0
2. In Sec.  165.801, amend Table 6 by adding line 13 to read as 
follows:


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

* * * * *

           Table 6 of Sec.   165.801--Sector Lower Mississippi River Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                              Sector lower MS river
                Date                      Sponsor/name              location                 Safety zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
13. First or Second Saturday in May  Louisiana Dragon Boat   Red River, Alexandria,  Regulated Area: Red River
                                      Race.                   LA.                     mile marker 88.0 to 88.5,
                                                                                      Alexandria, LA.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: March 16, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Lower Mississippi 
River.
[FR Doc. 2016-06909 Filed 3-29-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules 17635

§§ 842.120 and 842.121 [Removed] DEPARTMENT OF HOMELAND on the Red River during the first few
■ 101. Remove newly-redesignated SECURITY weeks in May. We have established a
safety zone for the race event in past
§§ 842.120 and 842.121. Coast Guard years through a temporary final
§§ 842.122 through 842.124 [Redesignated rulemaking each year. For this year and
as §§ 842.120 through 842.122] 33 CFR Part 165 subsequent years, we propose to
[Docket Number USCG–2016–0171] establish the safety zone as a permanent
■ 102. Newly redesignated §§ 842.122 annually recurring regulation to
through 842.124 are further RIN 1625–AA00 safeguard against the hazards associated
redesignated as §§ 842.120 through with a race event on the Red River, near
842.122, respectively. Safety Zone; Louisiana Dragon Boat Alexandria, Louisiana.
Race, Red River Mile Marker, (MM) 88.0 The legal basis and authorities for this
Subpart Q—[Redesignated as Subpart to (MM) 88.5 rule are found in 33 U.S.C. 1231. The
O] AGENCY: Coast Guard, DHS. purpose of this proposed safety zone is
ACTION: Notice of Proposed Rulemaking. to protect both spectators and
■ 103. Redesignate subpart Q, consisting participants from the hazards associated
of §§ 842.144 through 842.150, as SUMMARY: The Coast Guard proposes to with the race event.
subpart O, consisting of §§ 842.123 establish a permanent safety zone for an
through 842.129. annually recurring marine event in the III. Discussion of Proposed Rule
■ 104. Revise newly redesignated Red River, from MM 88.0 to MM 88.5. The COTP Lower Mississippi River
§ 842.123 to read as follows: This action is necessary to protect proposes to establish a safety zone
persons and vessels from the potential approximately 7:00 a.m. to 5:00 p.m. for
§ 842.123 Scope of this subpart. safety hazards associated with a dragon approximately 10 hours on the first or
boat race taking place in early May, second Saturday in May, recurring
This subpart tells how to make an 2016 and recurring annually thereafter. annually. The proposed safety zone
advance payment before a claim is filed This proposed rulemaking would would encompass all waters of the Red
or finalized under the Military Claims, prohibit persons and vessels from being River from Mile Marker (MM) 88.0 to
Foreign Claims and National Guard in the safety zone unless specifically (MM) 88.5. All persons and vessels,
Claims Acts. authorized by the Captain of the Port except those persons and vessels
■ 105. In newly redesignated § 842.124, (COTP), Lower Mississippi River or a participating in the dragon boat race and
revise paragraph (c)(4) to read as designated representative. We invite those vessels enforcing the areas, would
follows: your comments on this proposed be prohibited from entering, transiting
rulemaking. through, anchoring in, or remaining
§ 842.124 Delegation of authority. within the safety zone. No vessel or
DATES: Comments and related material
* * * * * must be received by the Coast Guard on person would be permitted to enter the
(c) * * * or before April 14, 2016. safety zone without obtaining
ADDRESSES: You may submit comments permission from the COTP or a
* * * * * designated representative. The
identified by docket number USCG–
(4) SJAs of the Air Force component 2016–0171 using the Federal regulatory text we are proposing appears
commander of the US Geographic eRulemaking Portal at http:// at the end of this document.
combatant commands for claims arising www.regulations.gov. See the ‘‘Public IV. Regulatory Analyses
within their respective combatant Participation and Request for
command areas of responsibility. We developed this proposed rule after
Comments’’ portion of the
considering numerous statutes and
* * * * * SUPPLEMENTARY INFORMATION section for
executive orders (E.O.s) related to
further instructions on submitting
■ 106. In newly redesignated § 842.126, rulemaking. Below we summarize our
comments.
revise paragraph (b) to read as follows: analyses based on a number of these
FOR FURTHER INFORMATION CONTACT: If statutes and E.O.s, and we discuss First
§ 842.126 When authorized. you have questions about this proposed Amendment rights of protestors.
* * * * * rulemaking, call or email LT Tyrone
Conner, Sector Lower Mississippi River A. Regulatory Planning and Review
(b) The potential claimant has an
Waterways Management Division, U.S. E.O.s 12866 and 13563 direct agencies
immediate need amounting to a
Coast Guard; telephone (901)521–4725, to assess the costs and benefits of
hardship for food, shelter, medical or email Tyrone.L.Conner@uscg.mil. available regulatory alternatives and, if
burial expenses, or other necessities. In regulation is necessary, to select
SUPPLEMENTARY INFORMATION:
the case of a commercial enterprise, regulatory approaches that maximize
severe financial loss or bankruptcy will I. Table of Abbreviations net benefits. E.O. 13563 emphasizes the
result if the Air Force does not make an CFR Code of Federal Regulations importance of quantifying both costs
advance payment. DHS Department of Homeland Security and benefits, of reducing costs, of
* * * * * E.O. Executive order harmonizing rules, and of promoting
FR Federal Register flexibility. This NPRM has not been
mstockstill on DSK4VPTVN1PROD with PROPOSALS

Henry Williams, NPRM Notice of proposed rulemaking
Pub. L. Public Law designated a ‘‘significant regulatory
Acting Air Force Federal Liaison Officer. action,’’ under E.O. 12866. Accordingly,
§ Section
[FR Doc. 2016–06896 Filed 3–29–16; 8:45 am] U.S.C. United States Code the NPRM has not been reviewed by the
BILLING CODE 5001–10–P Office of Management and Budget.
II. Background, Purpose, and Legal This regulatory action determination
Basis is based on the time, location and
This is the sixth annual Louisiana duration of the safety zone. Vessel
Dragon Boat Race, occurring each year traffic would be restricted from entering,

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Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Proposed Rules 17637

List of Subjects in 33 CFR Part 165 PART 165— REGULATED Department of Homeland Security Delegation
NAVIGATION AREAS AND LIMITED No. 0170.1
Marine safety, Navigation (water),
ACCESS AREAS ■ 2. In § 165.801, amend Table 6 by
Reporting and recordkeeping adding line 13 to read as follows:
requirements, Waterways.
■ 1. The authority citation for part 165
§ 165.801 Annual fireworks displays and
For the reasons discussed in the continues to read as follows: other events in the Eighth Coast Guard
preamble, the Coast Guard proposes to Authority: 33 U.S.C. 1231; 50 U.S.C. 191, District requiring safety zones.
amend 33 CFR part 165 as follows: 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; * * * * *

TABLE 6 OF § 165.801—SECTOR LOWER MISSISSIPPI RIVER ANNUAL AND RECURRING SAFETY ZONES
Sector lower MS river
Date Sponsor/name Safety zone
location

* * * * * * *
13. First or Second Satur- Louisiana Dragon Boat Red River, Alexandria, LA Regulated Area: Red River mile marker 88.0 to 88.5,
day in May. Race. Alexandria, LA.

* * * * * * *

* * * * * SUPPLEMENTARY INFORMATION: In the Authority: 5 U.S.C. App.3; 39 U.S.C.
course of conducting official 401(2) and 1001.
Dated: March 16, 2016.
T.J. Wendt,
investigations, Special Agents of the
United States Postal Service Office of ■ 2. Add the subpart C to read as
Captain, U.S. Coast Guard, Captain of the follows:
Port, Lower Mississippi River.
Inspector General frequently recover
property lost or stolen from the mail and
[FR Doc. 2016–06909 Filed 3–29–16; 8:45 am] Subpart C—Rules of Procedure
obtain custody of property needed for
BILLING CODE 9110–04–P Relating to the Disposition of Stolen
use as evidence in proceedings to
Mail Matter and Property Acquired by
enforce various provisions of the United
the Office of Inspector General for Use
States Code. In most cases, such
POSTAL SERVICE as Evidence
property is returned to the owner at the
conclusion of the investigation or any Sec.
39 CFR Part 230
resulting administrative or judicial 230.30 Scope.
Procedures Relating to the Disposition proceedings. In some cases, however, 230.31 Definitions.
of Property Acquired by the United the owners fail to claim property, and it 230.32 Disposition of property of apparent
States Postal Service Office of therefore remains in the custody of the owners where property is valued over
Inspector General for Use as Evidence Office of Inspector General after it is no $200.
longer needed. The proposed rule 230.33 Disposition of property of apparent
AGENCY: Postal Service. would establish a fair and uniform owners where property is valued at $200
ACTION: Proposed rule. procedure to identify the owners of such or less.
property, afford them an opportunity to 230.34 Disposition of property of unknown
SUMMARY: This proposed rule claim its return, and in the event a valid owners where property is valued over
establishes procedures for the claim is not received, treat such $200.
disposition of abandoned property held property as abandoned and direct that it 230.35 Disposition of property of unknown
by the United States Postal Service be sold or put to official use. Apparent owners where property is valued at $200
Office of Inspector General. The rule owners would be notified of their right or less.
establishes procedures for determining to claim property, and where no 230.36 Contraband and property subject to
the ownership of abandoned property, court order.
apparent owner is known and the value
the advertisement of abandoned items 230.37 Determination of type of property.
of the property in question exceeds
with no apparent owner held by the 230.38 Disposition of abandoned property;
$200, notice would be published on the
Office of Inspector General, and the additional period for filing claims.
Office of Inspector General’s Web site 230.39 Submission of claims.
disposal of items declared abandoned. inviting the owner to submit a claim for 230.40 Determination of claims.
DATES: Comments must be received on its return. 230.41 Reconsideration of claims.
or before April 29, 2016. 230.42 Disposition of property declared
List of Subjects in 39 CFR Part 230
ADDRESSES: Written comments should abandoned where title vests in the
be directed to the Office of Inspector Administrative practice and government.
General, Office of General Counsel, 1735 procedure, Claims, Law enforcement,
North Lynn Street, Arlington, Virginia Property (abandoned). § 230.30 Scope.
mstockstill on DSK4VPTVN1PROD with PROPOSALS

22209–2013. Copies of all written For the reasons stated in the
This subpart prescribes procedures
comments will be available at that preamble, the Postal Service proposes to
governing the disposition of any
address for inspection and copying amend 39 CFR part 230 as follows:
property (real, personal, tangible, or
between 9 a.m. and 4 p.m., Monday intangible) obtained by the United
PART 230—OFFICE OF INSPECTOR
through Friday. States Postal Service Office of Inspector
GENERAL
FOR FURTHER INFORMATION CONTACT: General (Office of Inspector General) for
Gladis Griffith, Office of General ■ 1. The authority citation for part 230 possible use as evidence after the need
Counsel, (703) 248–4683. continues to read as follows: to retain such property no longer exists.

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Document Created: 2016-03-30 09:28:12
Document Modified: 2016-03-30 09:28:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of Proposed Rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before April 14, 2016.
Contact		If you have questions about this proposed rulemaking, call or email LT Tyrone Conner, Sector Lower Mississippi River Waterways Management Division, U.S. Coast Guard; telephone (901)521-4725, email [email protected]
FR Citation		81 FR 17635
RIN Number		1625-AA00
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

81 FR 17635 - Safety Zone; Louisiana Dragon Boat Race, Red River Mile Marker, (MM) 88.0 to (MM) 88.5

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 61 (March 30, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard