81_FR_30273 81 FR 30179 - Safety Zone; Upper Mississippi River, Minneapolis, MN

81 FR 30179 - Safety Zone; Upper Mississippi River, Minneapolis, MN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range30179-30181
FR Document2016-11569

The Coast Guard is establishing a temporary safety zone for all waters of the Upper Mississippi River (UMR) from mile 853.2 to mile 854.2. The safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with a fireworks display. 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 94 (Monday, May 16, 2016)
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30179-30181]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11569]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0337]
RIN 1625-AA00


Safety Zone; Upper Mississippi River, Minneapolis, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Upper Mississippi River (UMR) from mile 853.2 to mile 
854.2. The safety zone is needed to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
a fireworks display. 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 10 p.m. until 11 p.m. on June 17, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0337 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
U.S.C. United States Code
UMR Upper Mississippi River

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 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 the Coast Guard was not notified of 
the event until April 19, 2016. After full review of the event details, 
the Coast Guard determined that action is needed to protect people and 
property from the safety hazards associated with a fireworks display on 
the Upper Mississippi River. It would be impracticable to publish a 
NPRM because the safety zone must be established on June 17, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. On June 17, 2016, a fireworks display will take place on the 
Upper Mississippi River between mile 853.2 and mile 854.2 for the 150th 
Celebration of General Mills. The COTP has determined that potential 
hazards associated with the fireworks display will be a safety concern 
for anyone within the area that is designated as the safety zone. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 10 p.m. until 11 p.m. on 
June 17, 2016. The safety zone will cover all navigable waters on the 
Upper Mississippi River between mile 853.2 and mile 854.2. The safety 
zone is intended to protect personnel, vessels, and the marine 
environment in these navigable waters during the fireworks display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

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 temporary final rule establishes a safety zone that will be 
enforced for a limited time period. During the enforcement period, 
vessels are prohibited from entering into or remaining within the 
safety zone unless specifically authorized by the COTP or other 
designated representative. Based on the location and short duration of 
the enforcement period, this rule does not pose a significant 
regulatory impact. Additionally, notice of this safety zone or any 
changes in the planned schedule will be made via Broadcast Notice to 
Mariners and Local Notice to Mariners.

[[Page 30180]]

Deviation from this rule may be requested from the COTP and will be 
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 lasting approximately one hour that will 
prohibit entry between miles 853.2 and 854.2 on the Upper Mississippi 
River. 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.T08-0337 to read as follows:


Sec.  165.T08-0337  Safety Zone; Upper Mississippi River 853.2 to 
854.2; Minneapolis, MN.

    (a) Location. The following area is a safety zone: All waters of 
the Upper Mississippi River between miles 853.2 and 854.2, 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 (COTP) Upper Mississippi River 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.

[[Page 30181]]

    (d) Enforcement period. This rule is effective and will be enforced 
from 10 p.m. until 11 p.m. on June 17, 2016.
    (e) Information broadcasts. The COTP or the COTP's representative 
will inform the public through broadcast notices to mariners of the 
enforcement period for the safety zone as well as any changes in the 
planned schedule.

    Dated: May 9, 2016.
M. L. Malloy,
Captain, U.S. Coast Guard, Captain of the Port Upper Mississippi River.
[FR Doc. 2016-11569 Filed 5-13-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                          30179

                                              The deviation period is from 7 a.m. to               Captain of the Port (COTP). Deviation                 River between mile 853.2 and mile
                                           2 p.m. on June 11, 2016 to accommodate                  from the safety zone may be requested                 854.2 for the 150th Celebration of
                                           the route of the annual Rose Festival                   and will be considered on a case-by-case              General Mills. The COTP has
                                           Parade event. The deviation allows the                  basis as specifically authorized by the               determined that potential hazards
                                           upper deck of the Steel Bridge, mile                    COTP or a designated representative.                  associated with the fireworks display
                                           12.1, and the Burnside Bridge, mile                     DATES: This rule is effective from 10                 will be a safety concern for anyone
                                           12.4, both crossing the Willamette River,               p.m. until 11 p.m. on June 17, 2016.                  within the area that is designated as the
                                           to remain in the closed-to-navigation                   ADDRESSES: To view documents                          safety zone. This rule is needed to
                                           position and need not open for maritime                 mentioned in this preamble as being                   protect personnel, vessels, and the
                                           traffic from 7 a.m. to 2 p.m. on June 11,               available in the docket, go to http://                marine environment in the navigable
                                           2016. Waterway usage on this part of the                www.regulations.gov, type USCG–2016–                  waters within the safety zone during the
                                           Willamette River includes vessels                       0337 in the ‘‘SEARCH’’ box and click                  fireworks display.
                                           ranging from commercial tug and barge                   ‘‘SEARCH.’’ Click on Open Docket                      IV. Discussion of the Rule
                                           to small pleasure craft.                                Folder on the line associated with this
                                              Vessels able to pass through the Steel                                                                        This rule establishes a safety zone
                                                                                                   rule.                                                 from 10 p.m. until 11 p.m. on June 17,
                                           Bridge and Burnside Bridge in the                       FOR FURTHER INFORMATION CONTACT: If
                                           closed positions may do so at any time.                                                                       2016. The safety zone will cover all
                                                                                                   you have questions on this rule, call or              navigable waters on the Upper
                                           The bridges will be able to open for                    email LCDR Sean Peterson, Chief of
                                           emergencies, and there is no immediate                                                                        Mississippi River between mile 853.2
                                                                                                   Prevention, U.S. Coast Guard; telephone               and mile 854.2. The safety zone is
                                           alternate route for vessels to pass. The                314–269–2332, email Sean.M.Peterson@
                                           Coast Guard will also inform the users                                                                        intended to protect personnel, vessels,
                                                                                                   uscg.mil.                                             and the marine environment in these
                                           of the waterways through our Local and
                                                                                                   SUPPLEMENTARY INFORMATION:                            navigable waters during the fireworks
                                           Broadcast Notices to Mariners of the
                                           change in operating schedule for the                    I. Table of Abbreviations                             display. No vessel or person will be
                                           bridges so that vessel operators can                                                                          permitted to enter the safety zone
                                                                                                   BNM Broadcast Notice to Mariners                      without obtaining permission from the
                                           arrange their transits to minimize any                  CFR Code of Federal Regulations
                                           impact caused by the temporary                                                                                COTP or a designated representative.
                                                                                                   COTP Captain of the Port
                                           deviation.                                              DHS Department of Homeland Security                   V. Regulatory Analyses
                                              In accordance with 33 CFR 117.35(e),                 FR Federal Register
                                           the drawbridge must return to its regular               NPRM Notice of proposed rulemaking                      We developed this rule after
                                           operating schedule immediately at the                   § Section                                             considering numerous statutes and
                                           end of the designated time period. This                 U.S.C. United States Code                             Executive Orders related to rulemaking.
                                           deviation from the operating regulations                UMR Upper Mississippi River                           Below we summarize our analyses
                                           is authorized under 33 CFR 117.35.                                                                            based on a number of these statutes and
                                                                                                   II. Background Information and                        Executive Orders, and we discuss First
                                             Dated: May 9, 2016.                                   Regulatory History                                    Amendment rights of protestors.
                                           Steven M. Fischer,                                         The Coast Guard is issuing this
                                           Bridge Administrator, Thirteenth Coast                  temporary rule without prior notice and               A. Regulatory Planning and Review
                                           Guard.                                                  opportunity to comment pursuant to                       Executive Orders 12866 and 13563
                                           [FR Doc. 2016–11381 Filed 5–13–16; 8:45 am]             authority under section 4(a) of the                   direct agencies to assess the costs and
                                           BILLING CODE 9110–04–P                                  Administrative Procedure Act (APA) (5                 benefits of available regulatory
                                                                                                   U.S.C. 553(b)). This provision                        alternatives and, if regulation is
                                                                                                   authorizes an agency to issue a rule                  necessary, to select regulatory
                                           DEPARTMENT OF HOMELAND                                  without prior notice and opportunity to               approaches that maximize net benefits.
                                           SECURITY                                                comment when the agency finds good                    Executive Order 13563 emphasizes the
                                                                                                   cause those procedures are                            importance of quantifying both costs
                                           Coast Guard                                             ‘‘impracticable, unnecessary, or contrary             and benefits, of reducing costs, of
                                                                                                   to the public interest.’’ Under 5 U.S.C.              harmonizing rules, and of promoting
                                           33 CFR Part 165                                         553(b)(B), the Coast Guard finds that                 flexibility. This rule has not been
                                           [Docket Number USCG–2016–0337]                          good cause exists for not publishing a                designated a ‘‘significant regulatory
                                                                                                   notice of proposed rulemaking (NPRM)                  action,’’ under Executive Order 12866.
                                           RIN 1625–AA00                                           with respect to this rule because the                 Accordingly, it has not been reviewed
                                                                                                   Coast Guard was not notified of the                   by the Office of Management and
                                           Safety Zone; Upper Mississippi River,
                                                                                                   event until April 19, 2016. After full                Budget.
                                           Minneapolis, MN                                                                                                  This temporary final rule establishes
                                                                                                   review of the event details, the Coast
                                           AGENCY:    Coast Guard, DHS.                            Guard determined that action is needed                a safety zone that will be enforced for
                                           ACTION:   Temporary final rule.                         to protect people and property from the               a limited time period. During the
                                                                                                   safety hazards associated with a                      enforcement period, vessels are
                                           SUMMARY:   The Coast Guard is                           fireworks display on the Upper                        prohibited from entering into or
                                           establishing a temporary safety zone for                Mississippi River. It would be                        remaining within the safety zone unless
                                           all waters of the Upper Mississippi                     impracticable to publish a NPRM                       specifically authorized by the COTP or
                                           River (UMR) from mile 853.2 to mile                     because the safety zone must be                       other designated representative. Based
                                           854.2. The safety zone is needed to                     established on June 17, 2016.                         on the location and short duration of the
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                                           protect persons, property, and                                                                                enforcement period, this rule does not
                                           infrastructure from potential damage                    III. Legal Authority and Need for Rule                pose a significant regulatory impact.
                                           and safety hazards associated with a                       The Coast Guard is issuing this rule               Additionally, notice of this safety zone
                                           fireworks display. Entry of vessels or                  under authority in 33 U.S.C. 1231. On                 or any changes in the planned schedule
                                           persons into this zone is prohibited                    June 17, 2016, a fireworks display will               will be made via Broadcast Notice to
                                           unless specifically authorized by the                   take place on the Upper Mississippi                   Mariners and Local Notice to Mariners.


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                                           30180               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

                                           Deviation from this rule may be                         effect on the States, on the relationship             to the discovery of a significant
                                           requested from the COTP and will be                     between the national government and                   environmental impact from this rule.
                                           considered on a case-by-case basis.                     the States, or on the distribution of
                                                                                                                                                         G. Protest Activities
                                                                                                   power and responsibilities among the
                                           B. Impact on Small Entities                                                                                     The Coast Guard respects the First
                                                                                                   various levels of government. We have
                                              The Regulatory Flexibility Act of                    analyzed this rule under that Order and               Amendment rights of protesters.
                                           1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 Protesters are asked to contact the
                                           requires Federal agencies to consider                   with the fundamental federalism                       person listed in the FOR FURTHER
                                           the potential impact of regulations on                  principles and preemption requirements                INFORMATION CONTACT section to
                                           small entities during rulemaking. The                   described in Executive Order 13132.                   coordinate protest activities so that your
                                           term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               message can be received without
                                           businesses, not-for-profit organizations                implications under Executive Order                    jeopardizing the safety or security of
                                           that are independently owned and                        13175, Consultation and Coordination                  people, places or vessels.
                                           operated and are not dominant in their                  with Indian Tribal Governments,
                                           fields, and governmental jurisdictions                  because it does not have a substantial                List of Subjects in 33 CFR Part 165
                                           with populations of less than 50,000.                   direct effect on one or more Indian                     Harbors, Marine safety, Navigation
                                           The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               (water), Reporting and recordkeeping
                                           605(b) that this rule will not have a                   Federal Government and Indian tribes,                 requirements, Security measures,
                                           significant economic impact on a                        or on the distribution of power and                   Waterways.
                                           substantial number of small entities.                   responsibilities between the Federal                    For the reasons discussed in the
                                              While some owners or operators of                    Government and Indian tribes. If you                  preamble, the Coast Guard amends 33
                                           vessels intending to transit the safety                 believe this rule has implications for                CFR part 165 as follows:
                                           zone may be small entities, for the                     federalism or Indian tribes, please
                                           reasons stated in section V.A. above,                   contact the person listed in the FOR                  PART 165—REGULATED NAVIGATION
                                           this rule will not have a significant                   FURTHER INFORMATION CONTACT section                   AREAS AND LIMITED ACCESS AREAS
                                           economic impact on any vessel owner                     above.
                                           or operator.                                                                                                  ■ 1. The authority citation for part 165
                                                                                                   E. Unfunded Mandates Reform Act                       continues to read as follows:
                                              Under section 213(a) of the Small
                                           Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                           Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                           we want to assist small entities in                     Federal agencies to assess the effects of             Department of Homeland Security Delegation
                                           understanding this rule. If the rule                    their discretionary regulatory actions. In            No. 0170.1.
                                           would affect your small business,                       particular, the Act addresses actions                 ■ 2. Add § 165.T08–0337 to read as
                                           organization, or governmental                           that may result in the expenditure by a               follows:
                                           jurisdiction and you have questions                     State, local, or tribal government, in the
                                           concerning its provisions or options for                aggregate, or by the private sector of                § 165.T08–0337 Safety Zone; Upper
                                                                                                   $100,000,000 (adjusted for inflation) or              Mississippi River 853.2 to 854.2;
                                           compliance, please contact the person                                                                         Minneapolis, MN.
                                           listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule
                                           CONTACT section.                                        will not result in such an expenditure,                 (a) Location. The following area is a
                                              Small businesses may send comments                   we do discuss the effects of this rule                safety zone: All waters of the Upper
                                           on the actions of Federal employees                     elsewhere in this preamble.                           Mississippi River between miles 853.2
                                           who enforce, or otherwise determine                                                                           and 854.2, extending the entire width of
                                                                                                   F. Environment                                        the river.
                                           compliance with, Federal regulations to
                                           the Small Business and Agriculture                        We have analyzed this rule under                      (b) Definitions. As used in this
                                           Regulatory Enforcement Ombudsman                        Department of Homeland Security                       section, designated representative
                                           and the Regional Small Business                         Management Directive 023–01 and                       means a Coast Guard Patrol
                                           Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                     Commander, including a Coast Guard
                                           Ombudsman evaluates these actions                       which guide the Coast Guard in                        coxswain, petty officer, or other officer
                                           annually and rates each agency’s                        complying with the National                           operating a Coast Guard vessel and a
                                           responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  Federal, State, and local officer
                                           wish to comment on actions by                           U.S.C. 4321–4370f), and have                          designated by or assisting the Captain of
                                           employees of the Coast Guard, call 1–                   determined that this action is one of a               the Port (COTP) Upper Mississippi
                                           888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       River in the enforcement of the safety
                                           Coast Guard will not retaliate against                  individually or cumulatively have a                   zone.
                                           small entities that question or complain                significant effect on the human                         (c) Regulations. (1) Under the general
                                           about this rule or any policy or action                 environment. This rule involves a safety              safety zone regulations in subpart C of
                                           of the Coast Guard.                                     zone lasting approximately one hour                   this part, you may not enter the safety
                                                                                                   that will prohibit entry between miles                zone described in paragraph (a) of this
                                           C. Collection of Information                            853.2 and 854.2 on the Upper                          section unless authorized by the COTP
                                             This rule will not call for a new                     Mississippi River. It is categorically                or the COTP’s designated representative.
                                           collection of information under the                     excluded from further review under                      (2) To seek permission to enter,
                                           Paperwork Reduction Act of 1995 (44                     paragraph 34(g) of Figure 2–1 of the                  contact the COTP or the COTP’s
                                           U.S.C. 3501–3520).                                      Commandant Instruction. An                            representative via VHF–FM channel 16
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                                                                                                   environmental analysis checklist                      or through Coast Guard Sector Upper
                                           D. Federalism and Indian Tribal                         supporting this determination and a                   Mississippi River at 314–269–2332.
                                           Governments                                             Categorical Exclusion Determination are               Those in the safety zone must comply
                                             A rule has implications for federalism                available in the docket where indicated               with all lawful orders or directions
                                           under Executive Order 13132,                            under ADDRESSES. We seek any                          given to them by the COTP or the
                                           Federalism, if it has a substantial direct              comments or information that may lead                 COTP’s designated representative.


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                                                               Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations                                             30181

                                              (d) Enforcement period. This rule is                 City Harbor within a radius of 700 feet               (SIP) to contain adequate provisions
                                           effective and will be enforced from 10                  in approximate position 41°44′41″ N,                  prohibiting air emissions that will have
                                           p.m. until 11 p.m. on June 17, 2016.                    124°11′59″ W (NAD 83) for the Fourth                  certain adverse air quality effects in
                                              (e) Information broadcasts. The COTP                 of July Fireworks, Crescent City in 33                other states. On October 20, 2015, the
                                           or the COTP’s representative will inform                CFR 165.1191, Table 1, Item number 4.                 State of Oregon made a submittal to the
                                           the public through broadcast notices to                 Upon the conclusion of the fireworks                  Environmental Protection Agency (EPA)
                                           mariners of the enforcement period for                  display the safety zone shall terminate.              to address these requirements. The EPA
                                           the safety zone as well as any changes                  This safety zone will be in effect from               is approving the submittal as meeting
                                           in the planned schedule.                                9:30 p.m. to 10 p.m. on July 4, 2016.                 the requirements that each SIP contain
                                             Dated: May 9, 2016.
                                                                                                      Under the provisions of 33 CFR                     adequate provisions to prohibit
                                                                                                   165.1191, unauthorized persons or                     emissions that will contribute
                                           M. L. Malloy,
                                                                                                   vessels are prohibited from entering                  significantly to nonattainment or
                                           Captain, U.S. Coast Guard, Captain of the               into, transiting through, or anchoring in
                                           Port Upper Mississippi River.                                                                                 interfere with maintenance of the 2008
                                                                                                   the safety zone during all applicable                 lead (Pb) and 2010 nitrogen dioxide
                                           [FR Doc. 2016–11569 Filed 5–13–16; 8:45 am]             effective dates and times, unless                     (NO2) National Ambient Air Quality
                                           BILLING CODE 9110–04–P                                  authorized to do so by the PATCOM.                    Standards (NAAQS) in any other state.
                                                                                                   Additionally, each person who receives                DATES: This final rule is effective June
                                                                                                   notice of a lawful order or direction                 15, 2016.
                                           DEPARTMENT OF HOMELAND                                  issued by an official patrol vessel shall
                                           SECURITY                                                                                                      ADDRESSES: The EPA has established a
                                                                                                   obey the order or direction. The
                                                                                                   PATCOM is empowered to forbid entry                   docket for this action under Docket ID
                                           Coast Guard                                                                                                   No. EPA–R10–OAR–2016–0050. All
                                                                                                   into and control the regulated area. The
                                                                                                   PATCOM shall be designated by the                     documents in the docket are listed on
                                           33 CFR Part 165                                                                                               the http://www.regulations.gov Web
                                                                                                   Commander, Coast Guard Sector San
                                           [Docket No. USCG–2016–0136]                             Francisco. The PATCOM may, upon                       site. Although listed in the index, some
                                                                                                   request, allow the transit of commercial              information is not publicly available,
                                           Safety Zone; Fourth of July Fireworks,                  vessels through regulated areas when it               e.g., Confidential Business Information
                                           Crescent City, Crescent City Harbor,                    is safe to do so.                                     (CBI) or other information the disclosure
                                           Crescent City, CA                                          This notice of enforcement is issued               of which is restricted by statute. Certain
                                                                                                   under authority of 33 CFR 165.1191 and                other material, such as copyrighted
                                           AGENCY:   Coast Guard, DHS.                                                                                   material, is not placed on the Internet
                                                                                                   5 U.S.C. 552 (a). In addition to this
                                           ACTION:   Notice of enforcement.                                                                              and will be publicly available only in
                                                                                                   notice of enforcement in the Federal
                                           SUMMARY:   The Coast Guard will enforce                 Register, the Coast Guard plans to                    hard copy form. Publicly available
                                           the safety zone for the Crescent City                   provide the maritime community with                   docket materials are available either
                                           Fourth of July Fireworks display in the                 notification of the safety zone and its               electronically through http://
                                           Captain of the Port, San Francisco area                 enforcement period via the Local Notice               www.regulations.gov or in hard copy at
                                           of responsibility during the dates and                  to Mariners.                                          the Air Programs Unit, Office of Air,
                                           times noted below. This action is                          If the Captain of the Port determines              Waste and Toxics, EPA Region 10, 1200
                                           necessary to protect life and property of               that the regulated area need not be                   Sixth Avenue, Seattle, WA 98101. The
                                           the maritime public from the hazards                    enforced for the full duration stated in              EPA requests that if at all possible, you
                                           associated with the fireworks display.                  this notice, a Broadcast Notice to                    contact the individual listed in the FOR
                                                                                                   Mariners may be used to grant general                 FURTHER INFORMATION CONTACT section to
                                           During the enforcement period,
                                           unauthorized persons or vessels are                     permission to enter the regulated area.               view the hard copy of the docket. You
                                           prohibited from entering into, transiting                 Dated: April 20, 2016.
                                                                                                                                                         may view the hard copy of the docket
                                           through, or anchoring in the safety zone,                                                                     Monday through Friday, 8:00 a.m. to
                                                                                                   Gregory G. Stump,
                                           unless authorized by the Patrol                                                                               4:00 p.m., excluding Federal holidays.
                                                                                                   Captain, U.S. Coast Guard, Captain of the
                                           Commander (PATCOM).                                     Port San Francisco.                                   FOR FURTHER INFORMATION CONTACT:
                                           DATES: The regulations in 33 CFR                        [FR Doc. 2016–11490 Filed 5–13–16; 8:45 am]
                                                                                                                                                         Kristin Hall at (206) 553–6357,
                                           165.1191, Table 1, Item number 4 will                                                                         hall.kristin@epa.gov, or the above EPA,
                                                                                                   BILLING CODE 9110–04–P
                                           be enforced from 9:30 p.m. to 10 p.m.                                                                         Region 10 address.
                                           on July 4, 2016.                                                                                              SUPPLEMENTARY INFORMATION:
                                           FOR FURTHER INFORMATION CONTACT: If                     ENVIRONMENTAL PROTECTION                              Table of Contents
                                           you have questions on this notice of                    AGENCY
                                                                                                                                                         I. Background Information
                                           enforcement, call or email Lieutenant                                                                         II. Final Action
                                           Junior Grade Christina Ramirez, U.S.                    40 CFR Part 52
                                                                                                                                                         III. Statutory and Executive Orders Review
                                           Coast Guard Sector San Francisco;                       [EPA–R10–OAR–2016–0050; FRL–9946–39–
                                           telephone (415) 399–3585 or email at                    Region 10]                                            I. Background Information
                                           D11-PF-MarineEvents@uscg.mil.                                                                                    On October 20, 2015, Oregon made a
                                           SUPPLEMENTARY INFORMATION: The Coast                    Approval and Promulgation of                          submittal to address the interstate
                                           Guard will enforce the safety zone                      Implementation Plans; Oregon:                         transport requirements of CAA section
                                           established in 33 CFR 165.1191, Table 1,                Interstate Transport of Lead and                      110(a)(2)(D)(i)(I) for multiple NAAQS,
                                           Item number 4 on July 4, 2016. Upon                     Nitrogen Dioxide                                      including the 2008 Pb and 2010 NO2
Lhorne on DSK30JT082PROD with RULES




                                           commencement of the 30 minute                           AGENCY:  Environmental Protection                     NAAQS. On March 11, 2016, the EPA
                                           fireworks display, scheduled to begin at                Agency (EPA).                                         proposed to approve the submittal as
                                           9:30 p.m. on July 4, 2016, the safety                   ACTION: Final rule.                                   meeting the interstate transport
                                           zone will encompass the navigable                                                                             requirements of CAA section
                                           waters surrounding the land-based                       SUMMARY:  The Clean Air Act (CAA)                     110(a)(2)(D)(i)(I) for the 2008 Pb and
                                           launch site on the West Jetty of Crescent               requires each State Implementation Plan               2010 NO2 NAAQS (81 FR 12849). An


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Document Created: 2016-05-14 01:16:37
Document Modified: 2016-05-14 01:16:37
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 10 p.m. until 11 p.m. on June 17, 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 30179 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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