81_FR_22987 81 FR 22912 - Regulated Navigation Area; Columbia River, Kalama, WA

81 FR 22912 - Regulated Navigation Area; Columbia River, Kalama, WA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 75 (April 19, 2016)

Page Range22912-22914
FR Document2016-09027

The Coast Guard is establishing a Regulated Navigation Area (RNA) covering the waters of the Columbia River between river miles 71 and 73, in the vicinity of the mouth of the Kalama River. This action is necessary to provide for the safety of the persons and vessels conducting salvage operations on the subject waters at the Port of Kalama in Kalama, WA. Specifically, this regulation implements a no- wake requirement for vessels operating in the RNA during those salvage operations.

Federal Register, Volume 81 Issue 75 (Tuesday, April 19, 2016)
[Federal Register Volume 81, Number 75 (Tuesday, April 19, 2016)]
[Rules and Regulations]
[Pages 22912-22914]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09027]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0237]
RIN 1625-AA11


Regulated Navigation Area; Columbia River, Kalama, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a Regulated Navigation Area 
(RNA) covering the waters of the Columbia River between river miles 71 
and 73, in the vicinity of the mouth of the Kalama River. This action 
is necessary to provide for the safety of the persons and vessels 
conducting salvage operations on the subject waters at the Port of 
Kalama in Kalama, WA. Specifically, this regulation implements a no-
wake requirement for vessels operating in the RNA during those salvage 
operations.

DATES: This rule is effective without actual notice from April 19, 2016 
through April 30, 2016. For the purposes of enforcement, actual notice 
will be used from April 7, 2016 through April 19, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0237 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 Mr. Kenneth Lawrenson, Waterways Management Division, 
Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, 
email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
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 for good cause finds 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 to do so would be impracticable since 
the salvage operations are on-going and delaying promulgation of the 
regulation could result in injury or damage to the persons and vessels 
conducting those 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. Delaying the effective 
date until 30 days after publication would be impracticable since the 
salvage operations are on-going and delaying promulgation of the 
regulation could result in injury or damage to the persons and vessels 
conducting those operations.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Columbia River (COTP) has determined that 
the wake created by vessels transiting the waters of the Columbia 
River, between river miles 71 and 73, creates a safety hazard for the 
persons, including divers, and vessels engaged in salvage operations 
involving the M/V SPARNA at the Port of Kalama in Kalama, WA. As such, 
this rule is necessary to ensure the safety of those persons, including 
divers, and vessels.

IV. Discussion of the Rule

    The on-going salvage operations at the Port of Kalama, in Kalama, 
WA, involve underwater dive operations with support vessels. These 
operations are, by their nature, hazardous and sensitive to water 
movement. Wakes from passing vessels could pose significant risks of 
injury or death to the involved personnel and risks of damage to 
involved vessels. In order to mitigate the safety risks vessel wakes 
pose to these operations, it is necessary to control vessel movement 
through the area. The purpose of this regulation is to ensure the 
safety of waterway users for the duration of this salvage operation. In 
order to minimize such unexpected or uncontrolled movement of water, 
the RNA requires all vessels transiting this area to operate in such a 
manner as to create no wake. The RNA will encompass all waters of the 
Columbia River between river miles 71 and 73.

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

[[Page 22913]]

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 regulatory action determination is based on the limited size, 
location, duration of the RNA. In addition, vessel traffic will be able 
to transit through this RNA at any time.

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 
RNA 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 the temporary establishment of an RNA to deal with an 
emergency situation for one week or longer in duration. 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.T13-0237 to read as follows:


Sec.  165.T13-0237  Regulated Navigation Area; Columbia River, Kalama, 
WA.

    (a) Location. The following area is a Regulated Navigation Area 
(RNA): All waters of the Columbia River between river miles 71 and 73.
    (b) Regulations. All vessels operating within the RNA created in 
paragraph (a) must proceed with caution and operate in such a manner as 
to produce no wake.
    (c) Enforcement period. The RNA created in paragraph (a) is 
effective from April 7, 2016 through April 30, 2016. The Captain of the 
Port, Columbia River will provide any updates regarding the enforcement 
period of the RNA via Broadcast Notice to Mariners, Local Notice to 
Mariners, Marine Safety Information Bulletins, and/or other appropriate 
means.
    (d) Contact information. For questions regarding this RNA and/or to 
report violations contact U.S. Coast Guard

[[Page 22914]]

Sector Columbia River at 503-861-6211 or via VHF-Channel 16.

    Dated: April 6, 2016.
D.L. Cottrell,
Captain, U.S. Coast Guard, Acting Commander, Thirteenth Coast Guard 
District.
[FR Doc. 2016-09027 Filed 4-18-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                22912               Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Rules and Regulations

                                                                                                                    TABLE 2—Continued
                                                                                                                                     • Date: August 6, 2016.
                                                                                                                                     • Time: 09:15 a.m.–1:15 p.m.



                                                  Under the provisions of 33 CFR                        DATES:  This rule is effective without                impracticable since the salvage
                                                165.160, vessels may not enter the safety               actual notice from April 19, 2016                     operations are on-going and delaying
                                                zones unless given permission from the                  through April 30, 2016. For the                       promulgation of the regulation could
                                                COTP or a designated representative.                    purposes of enforcement, actual notice                result in injury or damage to the persons
                                                Spectator vessels may transit outside the               will be used from April 7, 2016 through               and vessels conducting those
                                                safety zones but may not anchor, block,                 April 19, 2016.                                       operations.
                                                loiter in, or impede the transit of other               ADDRESSES: To view documents
                                                                                                                                                              III. Legal Authority and Need for Rule
                                                vessels. The Coast Guard may be                         mentioned in this preamble as being
                                                assisted by other Federal, State, or local              available in the docket, go to http://                   The Coast Guard is issuing this rule
                                                law enforcement agencies in enforcing                   www.regulations.gov, type USCG–2016–                  under authority in 33 U.S.C. 1231. The
                                                this regulation.                                        0237 in the ‘‘SEARCH’’ box and click                  Captain of the Port Columbia River
                                                  This notice is issued under authority                 ‘‘SEARCH.’’ Click on Open Docket                      (COTP) has determined that the wake
                                                of 33 CFR 165.160(a) and 5 U.S.C.                       Folder on the line associated with this               created by vessels transiting the waters
                                                552(a). In addition to this notice in the               rule.                                                 of the Columbia River, between river
                                                Federal Register, the Coast Guard will                  FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                              miles 71 and 73, creates a safety hazard
                                                provide mariners with advanced                          you have questions on this rule, call or              for the persons, including divers, and
                                                notification of enforcement periods via                 email Mr. Kenneth Lawrenson,                          vessels engaged in salvage operations
                                                the Local Notice to Mariners and marine                 Waterways Management Division,                        involving the M/V SPARNA at the Port
                                                information broadcasts. If the COTP                     Marine Safety Unit Portland, U.S. Coast               of Kalama in Kalama, WA. As such, this
                                                determines that a safety zone need not                  Guard; telephone 503–240–9319, email                  rule is necessary to ensure the safety of
                                                be enforced for the full duration stated                msupdxwwm@uscg.mil.                                   those persons, including divers, and
                                                in this notice, a Broadcast Notice to                                                                         vessels.
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                Mariners may be used to grant general                                                                         IV. Discussion of the Rule
                                                permission to enter the safety zone.                    I. Table of Abbreviations
                                                                                                                                                                The on-going salvage operations at the
                                                  Dated: March 18, 2016.                                                                                      Port of Kalama, in Kalama, WA, involve
                                                                                                        CFR Code of Federal Regulations
                                                M.H. Day,                                               DHS Department of Homeland Security                   underwater dive operations with
                                                Captain, U.S. Coast Guard, Captain of the               FR Federal Register                                   support vessels. These operations are,
                                                Port New York.                                          NPRM Notice of proposed rulemaking                    by their nature, hazardous and sensitive
                                                [FR Doc. 2016–09024 Filed 4–18–16; 8:45 am]             § Section                                             to water movement. Wakes from passing
                                                                                                        U.S.C. United States Code
                                                BILLING CODE 9110–04–P                                                                                        vessels could pose significant risks of
                                                                                                        II. Background Information and                        injury or death to the involved
                                                                                                        Regulatory History                                    personnel and risks of damage to
                                                DEPARTMENT OF HOMELAND                                                                                        involved vessels. In order to mitigate the
                                                SECURITY                                                   The Coast Guard is issuing this                    safety risks vessel wakes pose to these
                                                                                                        temporary rule without prior notice and               operations, it is necessary to control
                                                Coast Guard                                             opportunity to comment pursuant to                    vessel movement through the area. The
                                                                                                        authority under section 4(a) of the                   purpose of this regulation is to ensure
                                                33 CFR Part 165                                         Administrative Procedure Act (APA) (5                 the safety of waterway users for the
                                                                                                        U.S.C. 553(b)). This provision                        duration of this salvage operation. In
                                                [Docket Number USCG–2016–0237]                          authorizes an agency to issue a rule                  order to minimize such unexpected or
                                                                                                        without prior notice and opportunity to               uncontrolled movement of water, the
                                                RIN 1625–AA11
                                                                                                        comment when the agency for good                      RNA requires all vessels transiting this
                                                Regulated Navigation Area; Columbia                     cause finds that those procedures are                 area to operate in such a manner as to
                                                River, Kalama, WA                                       ‘‘impracticable, unnecessary, or contrary             create no wake. The RNA will
                                                                                                        to the public interest.’’ Under 5 U.S.C.              encompass all waters of the Columbia
                                                AGENCY:    Coast Guard, DHS.                            553(b)(B), the Coast Guard finds that                 River between river miles 71 and 73.
                                                ACTION:   Temporary final rule.                         good cause exists for not publishing a
                                                                                                        notice of proposed rulemaking (NPRM)                  V. Regulatory Analyses
                                                SUMMARY:   The Coast Guard is                           with respect to this rule because to do                 We developed this rule after
                                                establishing a Regulated Navigation                     so would be impracticable since the                   considering numerous statutes and
                                                Area (RNA) covering the waters of the                   salvage operations are on-going and                   Executive orders related to rulemaking.
                                                Columbia River between river miles 71                   delaying promulgation of the regulation               Below we summarize our analyses
                                                and 73, in the vicinity of the mouth of                 could result in injury or damage to the               based on a number of these statutes and
                                                the Kalama River. This action is                        persons and vessels conducting those                  Executive orders, and we discuss First
                                                necessary to provide for the safety of the              operations.                                           Amendment rights of protestors.
jstallworth on DSK7TPTVN1PROD with RULES




                                                persons and vessels conducting salvage                     We are issuing this rule, and under 5
                                                operations on the subject waters at the                 U.S.C. 553(d)(3), the Coast Guard finds               A. Regulatory Planning and Review
                                                Port of Kalama in Kalama, WA.                           that good cause exists for making it                     Executive Orders 12866 and 13563
                                                Specifically, this regulation implements                effective less than 30 days after                     direct agencies to assess the costs and
                                                a no-wake requirement for vessels                       publication in the Federal Register.                  benefits of available regulatory
                                                operating in the RNA during those                       Delaying the effective date until 30 days             alternatives and, if regulation is
                                                salvage operations.                                     after publication would be                            necessary, to select regulatory


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                                                                    Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Rules and Regulations                                         22913

                                                approaches that maximize net benefits.                  C. Collection of Information                          one week or longer in duration. It is
                                                Executive Order 13563 emphasizes the                      This rule will not call for a new                   categorically excluded from further
                                                importance of quantifying both costs                    collection of information under the                   review under paragraph 34(g) of Figure
                                                and benefits, of reducing costs, of                     Paperwork Reduction Act of 1995 (44                   2–1 of the Commandant Instruction. An
                                                harmonizing rules, and of promoting                     U.S.C. 3501–3520).                                    environmental analysis checklist
                                                flexibility. This rule has not been                                                                           supporting this determination and a
                                                designated a ‘‘significant regulatory                   D. Federalism and Indian Tribal                       Categorical Exclusion Determination are
                                                action,’’ under Executive Order 12866.                  Governments                                           available in the docket where indicated
                                                Accordingly, it has not been reviewed                      A rule has implications for federalism             under ADDRESSES. We seek any
                                                by the Office of Management and                         under Executive Order 13132,                          comments or information that may lead
                                                Budget.                                                 Federalism, if it has a substantial direct            to the discovery of a significant
                                                   This regulatory action determination                 effect on the States, on the relationship             environmental impact from this rule.
                                                is based on the limited size, location,                 between the national government and
                                                duration of the RNA. In addition, vessel                                                                      G. Protest Activities
                                                                                                        the States, or on the distribution of
                                                traffic will be able to transit through this            power and responsibilities among the                    The Coast Guard respects the First
                                                RNA at any time.                                        various levels of government. We have                 Amendment rights of protesters.
                                                B. Impact on Small Entities                             analyzed this rule under that Order and               Protesters are asked to contact the
                                                                                                        have determined that it is consistent                 person listed in the FOR FURTHER
                                                   The Regulatory Flexibility Act of                    with the fundamental federalism                       INFORMATION CONTACT section to
                                                1980, 5 U.S.C. 601–612, as amended,                     principles and preemption requirements                coordinate protest activities so that your
                                                requires Federal agencies to consider                   described in Executive Order 13132.                   message can be received without
                                                the potential impact of regulations on                     Also, this rule does not have tribal               jeopardizing the safety or security of
                                                small entities during rulemaking. The                   implications under Executive Order                    people, places or vessels.
                                                term ‘‘small entities’’ comprises small                 13175, Consultation and Coordination
                                                businesses, not-for-profit organizations                                                                      List of Subjects in 33 CFR Part 165
                                                                                                        with Indian Tribal Governments,
                                                that are independently owned and                        because it does not have a substantial                  Harbors, Marine safety, Navigation
                                                operated and are not dominant in their                  direct effect on one or more Indian                   (water), Reporting and recordkeeping
                                                fields, and governmental jurisdictions                  tribes, on the relationship between the               requirements, Security measures,
                                                with populations of less than 50,000.                   Federal Government and Indian tribes,                 Waterways.
                                                The Coast Guard certifies under 5 U.S.C.                or on the distribution of power and                     For the reasons discussed in the
                                                605(b) that this rule will not have a                   responsibilities between the Federal                  preamble, the Coast Guard amends 33
                                                significant economic impact on a                        Government and Indian tribes. If you                  CFR part 165 as follows:
                                                substantial number of small entities.                   believe this rule has implications for
                                                   While some owners or operators of                    federalism or Indian tribes, please                   PART 165—REGULATED NAVIGATION
                                                vessels intending to transit the RNA                    contact the person listed in the FOR                  AREAS AND LIMITED ACCESS AREAS
                                                may be small entities, for the reasons                  FURTHER INFORMATION CONTACT section
                                                stated in section V.A above, this rule                  above.                                                ■ 1. The authority citation for part 165
                                                will not have a significant economic                                                                          continues to read as follows:
                                                impact on any vessel owner or operator.                 E. Unfunded Mandates Reform Act
                                                                                                                                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                   Under section 213(a) of the Small                      The Unfunded Mandates Reform Act                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Business Regulatory Enforcement                         of 1995 (2 U.S.C. 1531–1538) requires                 Department of Homeland Security Delegation
                                                Fairness Act of 1996 (Pub. L. 104–121),                 Federal agencies to assess the effects of             No. 0170.1.
                                                we want to assist small entities in                     their discretionary regulatory actions. In            ■ 2. Add § 165.T13–0237 to read as
                                                understanding this rule. If the rule                    particular, the Act addresses actions                 follows:
                                                would affect your small business,                       that may result in the expenditure by a
                                                organization, or governmental                           State, local, or tribal government, in the            § 165.T13–0237 Regulated Navigation
                                                jurisdiction and you have questions                     aggregate, or by the private sector of                Area; Columbia River, Kalama, WA.
                                                concerning its provisions or options for                $100,000,000 (adjusted for inflation) or                (a) Location. The following area is a
                                                compliance, please contact the person                   more in any one year. Though this rule                Regulated Navigation Area (RNA): All
                                                listed in the FOR FURTHER INFORMATION                   will not result in such an expenditure,               waters of the Columbia River between
                                                CONTACT section.                                        we do discuss the effects of this rule                river miles 71 and 73.
                                                   Small businesses may send comments                   elsewhere in this preamble.                              (b) Regulations. All vessels operating
                                                on the actions of Federal employees                                                                           within the RNA created in paragraph (a)
                                                who enforce, or otherwise determine                     F. Environment                                        must proceed with caution and operate
                                                compliance with, Federal regulations to                   We have analyzed this rule under                    in such a manner as to produce no
                                                the Small Business and Agriculture                      Department of Homeland Security                       wake.
                                                Regulatory Enforcement Ombudsman                        Management Directive 023–01 and                          (c) Enforcement period. The RNA
                                                and the Regional Small Business                         Commandant Instruction M16475.lD,                     created in paragraph (a) is effective from
                                                Regulatory Fairness Boards. The                         which guide the Coast Guard in                        April 7, 2016 through April 30, 2016.
                                                Ombudsman evaluates these actions                       complying with the National                           The Captain of the Port, Columbia River
                                                annually and rates each agency’s                        Environmental Policy Act of 1969 (42                  will provide any updates regarding the
                                                responsiveness to small business. If you                U.S.C. 4321–4370f), and have                          enforcement period of the RNA via
jstallworth on DSK7TPTVN1PROD with RULES




                                                wish to comment on actions by                           determined that this action is one of a               Broadcast Notice to Mariners, Local
                                                employees of the Coast Guard, call 1–                   category of actions that do not                       Notice to Mariners, Marine Safety
                                                888–REG–FAIR (1–888–734–3247). The                      individually or cumulatively have a                   Information Bulletins, and/or other
                                                Coast Guard will not retaliate against                  significant effect on the human                       appropriate means.
                                                small entities that question or complain                environment. This rule involves the                      (d) Contact information. For questions
                                                about this rule or any policy or action                 temporary establishment of an RNA to                  regarding this RNA and/or to report
                                                of the Coast Guard.                                     deal with an emergency situation for                  violations contact U.S. Coast Guard


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                                                22914               Federal Register / Vol. 81, No. 75 / Tuesday, April 19, 2016 / Rules and Regulations

                                                Sector Columbia River at 503–861–6211                   I. General Information                                instructions for submitting comments.
                                                or via VHF-Channel 16.                                                                                        Do not submit electronically any
                                                                                                        A. Does this action apply to me?
                                                  Dated: April 6, 2016.                                                                                       information you consider to be CBI or
                                                                                                           You may be potentially affected by                 other information whose disclosure is
                                                D.L. Cottrell,
                                                                                                        this action if you are an agricultural                restricted by statute.
                                                Captain, U.S. Coast Guard, Acting                       producer, food manufacturer, or                         • Mail: OPP Docket, Environmental
                                                Commander, Thirteenth Coast Guard District.
                                                                                                        pesticide manufacturer. The following                 Protection Agency Docket Center (EPA/
                                                [FR Doc. 2016–09027 Filed 4–18–16; 8:45 am]             list of North American Industrial                     DC), (28221T), 1200 Pennsylvania Ave.
                                                BILLING CODE 9110–04–P                                  Classification System (NAICS) codes is                NW., Washington, DC 20460–0001.
                                                                                                        not intended to be exhaustive, but rather               • Hand Delivery: To make special
                                                                                                        provides a guide to help readers                      arrangements for hand delivery or
                                                ENVIRONMENTAL PROTECTION                                determine whether this document                       delivery of boxed information, please
                                                AGENCY                                                  applies to them. Potentially affected                 follow the instructions at http://
                                                                                                        entities may include:                                 www.epa.gov/dockets/contacts.html.
                                                40 CFR Part 180                                            • Crop production (NAICS code 111).                  Additional instructions on
                                                                                                           • Animal production (NAICS code                    commenting or visiting the docket,
                                                [EPA–HQ–OPP–2015–0180; FRL–9943–85]                     112).                                                 along with more information about
                                                                                                           • Food manufacturing (NAICS code                   dockets generally, is available at http://
                                                Cyprodinil; Pesticide Tolerances                        311).                                                 www.epa.gov/dockets.
                                                                                                           • Pesticide manufacturing (NAICS
                                                AGENCY:  Environmental Protection                       code 32532).                                          II. Summary of Petitioned-for Tolerance
                                                Agency (EPA).                                                                                                    In the Federal Register of April 22,
                                                ACTION: Final rule.
                                                                                                        B. How can I get electronic access to
                                                                                                                                                              2015 (80 FR 22466) (FRL–9925–79),
                                                                                                        other related information?
                                                                                                                                                              EPA issued a document pursuant to
                                                SUMMARY:   This regulation establishes                     You may access a frequently updated                FFDCA section 408(d)(3), 21 U.S.C.
                                                tolerances for residues of cyprodinil in                electronic version of EPA’s tolerance                 346a(d)(3), announcing the filing of a
                                                or on Nut, Tree, Crop Group 14–12;                      regulations at 40 CFR part 180 through                pesticide petition (PP 4F8333) by
                                                except almond and pistachio. Syngenta                   the Government Printing Office’s e-CFR                Syngenta Crop Protection, LLC, P.O.
                                                Crop Protection, LLC requested these                    site at http://www.ecfr.gov/cgi-bin/text-             Box 18300, Greensboro, NC 27419–
                                                tolerances under the Federal Food,                      idx?&c=ecfr&tpl=/ecfrbrowse/Title40/                  8300. The petition requested that 40
                                                Drug, and Cosmetic Act (FFDCA).                         40tab_02.tpl.                                         CFR 180.532 be amended by
                                                DATES: This regulation is effective April                                                                     establishing tolerances for residues of
                                                                                                        C. How can I file an objection or hearing
                                                19, 2016. Objections and requests for                                                                         the fungicide cyprodinil, 4-cyclopropyl-
                                                                                                        request?
                                                hearings must be received on or before                                                                        6-methyl-N-phenyl-2-pyrimidinamine,
                                                June 20, 2016, and must be filed in                       Under FFDCA section 408(g), 21                      in or on Nut, Tree, Crop Group 14–12;
                                                accordance with the instructions                        U.S.C. 346a, any person may file an                   except almond and pistachio at 0.04
                                                provided in 40 CFR part 178 (see also                   objection to any aspect of this regulation            parts per million (ppm). That document
                                                Unit I.C. of the SUPPLEMENTARY                          and may also request a hearing on those               referenced a summary of the petition
                                                INFORMATION).                                           objections. You must file your objection              prepared by Syngenta Crop Group, LLC,
                                                                                                        or request a hearing on this regulation               the registrant, which is available in the
                                                ADDRESSES:    The docket for this action,
                                                                                                        in accordance with the instructions                   docket, http://www.regulations.gov.
                                                identified by docket identification (ID)
                                                                                                        provided in 40 CFR part 178. To ensure                Comments were received on the notice
                                                number EPA–HQ–OPP–2015–0180, is
                                                                                                        proper receipt by EPA, you must                       of filing. EPA’s response to these
                                                available at http://www.regulations.gov
                                                                                                        identify docket ID number EPA–HQ–                     comments is discussed in Unit IV.C.
                                                or at the Office of Pesticide Programs
                                                                                                        OPP–2015–0180 in the subject line on
                                                Regulatory Public Docket (OPP Docket)                                                                         III. Aggregate Risk Assessment and
                                                                                                        the first page of your submission. All
                                                in the Environmental Protection Agency                                                                        Determination of Safety
                                                                                                        objections and requests for a hearing
                                                Docket Center (EPA/DC), West William                                                                             Section 408(b)(2)(A)(i) of FFDCA
                                                                                                        must be in writing, and must be
                                                Jefferson Clinton Bldg., Rm. 3334, 1301                                                                       allows EPA to establish a tolerance (the
                                                                                                        received by the Hearing Clerk on or
                                                Constitution Ave. NW., Washington, DC                                                                         legal limit for a pesticide chemical
                                                                                                        before June 20, 2016. Addresses for mail
                                                20460–0001. The Public Reading Room                                                                           residue in or on a food) only if EPA
                                                                                                        and hand delivery of objections and
                                                is open from 8:30 a.m. to 4:30 p.m.,                                                                          determines that the tolerance is ‘‘safe.’’
                                                                                                        hearing requests are provided in 40 CFR
                                                Monday through Friday, excluding legal                                                                        Section 408(b)(2)(A)(ii) of FFDCA
                                                                                                        178.25(b).
                                                holidays. The telephone number for the                    In addition to filing an objection or               defines ‘‘safe’’ to mean that ‘‘there is a
                                                Public Reading Room is (202) 566–1744,                  hearing request with the Hearing Clerk                reasonable certainty that no harm will
                                                and the telephone number for the OPP                    as described in 40 CFR part 178, please               result from aggregate exposure to the
                                                Docket is (703) 305–5805. Please review                 submit a copy of the filing (excluding                pesticide chemical residue, including
                                                the visitor instructions and additional                 any Confidential Business Information                 all anticipated dietary exposures and all
                                                information about the docket available                  (CBI)) for inclusion in the public docket.            other exposures for which there is
                                                at http://www.epa.gov/dockets.                          Information not marked confidential                   reliable information.’’ This includes
                                                FOR FURTHER INFORMATION CONTACT:                        pursuant to 40 CFR part 2 may be                      exposure through drinking water and in
                                                Susan Lewis, Registration Division                      disclosed publicly by EPA without prior               residential settings, but does not include
jstallworth on DSK7TPTVN1PROD with RULES




                                                (7505P), Office of Pesticide Programs,                  notice. Submit the non-CBI copy of your               occupational exposure. Section
                                                Environmental Protection Agency, 1200                   objection or hearing request, identified              408(b)(2)(C) of FFDCA requires EPA to
                                                Pennsylvania Ave. NW., Washington,                      by docket ID number EPA–HQ–OPP–                       give special consideration to exposure
                                                DC 20460–0001; main telephone                           2015–0180, by one of the following                    of infants and children to the pesticide
                                                number: (703) 305–7090; email address:                  methods:                                              chemical residue in establishing a
                                                RDFRNotices@epa.gov.                                      • Federal eRulemaking Portal: http://               tolerance and to ‘‘ensure that there is a
                                                SUPPLEMENTARY INFORMATION:                              www.regulations.gov. Follow the online                reasonable certainty that no harm will


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Document Created: 2016-04-19 00:15:44
Document Modified: 2016-04-19 00:15:44
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 without actual notice from April 19, 2016 through April 30, 2016. For the purposes of enforcement, actual notice will be used from April 7, 2016 through April 19, 2016.
ContactIf you have questions on this rule, call or email Mr. Kenneth Lawrenson, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email [email protected]
FR Citation81 FR 22912 
RIN Number1625-AA11
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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