81_FR_33720 81 FR 33617 - Safety Zone; Allegheny River Mile 43.5 to 44.5, Kittanning, Pennsylvania

81 FR 33617 - Safety Zone; Allegheny River Mile 43.5 to 44.5, Kittanning, Pennsylvania

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 103 (May 27, 2016)

Page Range33617-33619
FR Document2016-12628

The Coast Guard proposes to establish a temporary safety zone for all navigable waters of the Allegheny River from mile 43.5 to mile 44.5. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created from a barge-based firework display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Pittsburgh or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 103 (Friday, May 27, 2016)
[Federal Register Volume 81, Number 103 (Friday, May 27, 2016)]
[Proposed Rules]
[Pages 33617-33619]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-12628]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0323]
RIN 1625-AA00


Safety Zone; Allegheny River Mile 43.5 to 44.5, Kittanning, 
Pennsylvania

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
for all navigable waters of the Allegheny River from mile 43.5 to mile 
44.5. The safety zone is needed to protect personnel, vessels, and the 
marine environment from potential hazards created from a barge-based 
firework display. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Pittsburgh or a designated representative. We invite your comments on 
this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 27, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0323 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email MST1 Jennifer Haggins, Marine Safety 
Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, 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, Purpose, and Legal Basis

    On March 10, 2016, the Fort Armstrong Folk Festival notified the 
Coast Guard that it will be conducting a 30-minute fireworks display 
between 9 p.m. and 10 p.m. on August 6, 2016. The fireworks will be 
launched from a barge in the vicinity of Allegheny River mile 43.5 to 
mile 44.5. Hazards from fireworks displays include accidental discharge 
of fireworks, dangerous projectiles, and falling hot embers or other 
debris.
    The purpose of this rulemaking is to ensure the safety of vessels 
and the navigable waters before, during, and after the scheduled event 
by establishing a 90-minute safety zone beginning 30 minutes before the 
display until 30 minutes after the display is over during the hours of 
8 p.m. to 11 p.m. on the same date. The Coast Guard proposes this 
rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Captain of the Port Pittsburgh (COTP) proposes to establish a 
safety zone lasting 90 minutes between the hours of 8 p.m. and 11 p.m. 
on August 6, 2016. The safety zone would cover all navigable waters of 
the Allegheny River from mile 43.5. to mile 44.5. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the fireworks display scheduled to 
take place for 30 minutes between 9 p.m. and 10 p.m. on the same date. 
No vessel or person would be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative. The 
regulatory text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, and duration, of the safety zone and the low traffic nature 
of this area. The safety zone will close a small section of the 
Allegheny River for less than two hours. Moreover, the Coast Guard 
would issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 
about the zone, and the rule would allow other waterway users to seek 
permission to enter the zone. Requests to transit the safety zone area 
would 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 
proposed rule would not

[[Page 33618]]

have a significant economic impact on a substantial number of small 
entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A. above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

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

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0323 under the undesignated center heading Eighth 
Coast Guard District to read as follows:


Sec.  165.T08-0323  Safety Zone; Allegheny River Mile 43.5 to Mile 
44.5, Kittanning, PA

    (a) Location. The following area is a safety zone: All navigable 
waters of the Allegheny River from mile 43.5 to mile 44.5.
    (b) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol

[[Page 33619]]

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 Pittsburgh 
(COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23, 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 at 412-221-0807. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement period. This section will be enforced for 90 
minutes during the hours of 9 p.m. to 11 p.m. on August 6, 2016.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the enforcement period.

    Dated: April 25, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-12628 Filed 5-26-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                           Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules                                         33617

                                                   (2) Before using any approved AMOC,                   authorized by the Captain of the Port                 duration of the zone is intended to
                                                 notify your appropriate principal inspector,            Pittsburgh or a designated                            ensure the safety of vessels and these
                                                 or lacking a principal inspector, the manager           representative. We invite your                        navigable waters before, during, and
                                                 of the local flight standards district office/
                                                                                                         comments on this proposed rulemaking.                 after the fireworks display scheduled to
                                                 certificate holding district office.
                                                   (3) An AMOC that provides an acceptable               DATES: Comments and related material                  take place for 30 minutes between 9
                                                 level of safety may be used for any repair,             must be received by the Coast Guard on                p.m. and 10 p.m. on the same date. No
                                                 modification, or alteration required by this            or before June 27, 2016.                              vessel or person would be permitted to
                                                 AD if it is approved by the Boeing                      ADDRESSES: You may submit comments                    enter the safety zone without obtaining
                                                 Commercial Airplanes Organization                                                                             permission from the COTP or a
                                                                                                         identified by docket number USCG–
                                                 Designation Authorization (ODA) that has                                                                      designated representative. The
                                                 been authorized by the Manager, Seattle                 2016–0323 using the Federal
                                                                                                         eRulemaking Portal at http://                         regulatory text we are proposing appears
                                                 ACO, to make those findings. To be
                                                                                                         www.regulations.gov. See the ‘‘Public                 at the end of this document.
                                                 approved, the repair method, modification
                                                 deviation, or alteration deviation must meet            Participation and Request for                         IV. Regulatory Analyses
                                                 the certification basis of the airplane and the         Comments’’ portion of the
                                                 approval must specifically refer to this AD.            SUPPLEMENTARY INFORMATION section for                   We developed this proposed rule after
                                                                                                         further instructions on submitting                    considering numerous statutes and
                                                 (m) Related Information
                                                                                                         comments.                                             Executive orders related to rulemaking.
                                                   (1) For more information about this AD,                                                                     Below we summarize our analyses
                                                 contact Francis Smith, Aerospace Engineer,              FOR FURTHER INFORMATION CONTACT:   If                 based on a number of these statutes and
                                                 Cabin Safety and Environmental Controls                 you have questions about this proposed
                                                 Branch, ANM–150S, FAA, Seattle ACO, 1601                                                                      Executive orders and we discuss First
                                                                                                         rulemaking, call or email MST1 Jennifer               Amendment rights of protestors.
                                                 Lind Avenue SW., Renton, WA 98057–3356;
                                                                                                         Haggins, Marine Safety Unit Pittsburgh,
                                                 phone: 425–917–6596; fax: 425–917–6590;                                                                       A. Regulatory Planning and Review
                                                 email: francis.smith@faa.gov.                           U.S. Coast Guard; telephone 412–221–
                                                   (2) For service information identified in             0807, email Jennifer.L.Haggins@                          Executive Orders 12866 and 13563
                                                 this AD, contact Boeing Commercial                      uscg.mil.                                             direct agencies to assess the costs and
                                                 Airplanes, Attention: Data & Services                   SUPPLEMENTARY INFORMATION:                            benefits of available regulatory
                                                 Management, P.O. Box 3707, MC 2H–65,
                                                                                                                                                               alternatives and, if regulation is
                                                 Seattle, WA 98124–2207; telephone: 206–                 I. Table of Abbreviations
                                                 544–5000, extension 1; fax: 206–766–5680;                                                                     necessary, to select regulatory
                                                 Internet https://www.myboeingfleet.com. You             CFR Code of Federal Regulations                       approaches that maximize net benefits.
                                                 may review copies of the referenced service             DHS Department of Homeland Security                   Executive Order 13563 emphasizes the
                                                 information at the FAA, Transport Airplane              FR Federal Register                                   importance of quantifying both costs
                                                 Directorate, 1601 Lind Avenue SW., Renton,              NPRM Notice of proposed rulemaking                    and benefits, of reducing costs, of
                                                 WA. For information on the availability of              § Section
                                                                                                         U.S.C. United States Code
                                                                                                                                                               harmonizing rules, and of promoting
                                                 this material at the FAA, call 425–227–1221.                                                                  flexibility. This NPRM has not been
                                                   Issued in Renton, Washington, on May 17,              II. Background, Purpose, and Legal                    designated a ‘‘significant regulatory
                                                 2016.                                                   Basis                                                 action,’’ under Executive Order 12866.
                                                 Dionne Palermo,                                            On March 10, 2016, the Fort                        Accordingly, the NPRM has not been
                                                 Acting Manager, Transport Airplane                      Armstrong Folk Festival notified the                  reviewed by the Office of Management
                                                 Directorate, Aircraft Certification Service.            Coast Guard that it will be conducting                and Budget.
                                                 [FR Doc. 2016–12353 Filed 5–26–16; 8:45 am]             a 30-minute fireworks display between                    This regulatory action determination
                                                 BILLING CODE 4910–13–P                                  9 p.m. and 10 p.m. on August 6, 2016.                 is based on the size, location, and
                                                                                                         The fireworks will be launched from a                 duration, of the safety zone and the low
                                                                                                         barge in the vicinity of Allegheny River              traffic nature of this area. The safety
                                                 DEPARTMENT OF HOMELAND                                  mile 43.5 to mile 44.5. Hazards from                  zone will close a small section of the
                                                 SECURITY                                                fireworks displays include accidental                 Allegheny River for less than two hours.
                                                                                                         discharge of fireworks, dangerous                     Moreover, the Coast Guard would issue
                                                 Coast Guard                                             projectiles, and falling hot embers or                a Broadcast Notice to Mariners via
                                                                                                         other debris.                                         VHF–FM marine channel 16 about the
                                                 33 CFR Part 165                                            The purpose of this rulemaking is to               zone, and the rule would allow other
                                                                                                         ensure the safety of vessels and the                  waterway users to seek permission to
                                                 [Docket Number USCG–2016–0323]
                                                                                                         navigable waters before, during, and                  enter the zone. Requests to transit the
                                                 RIN 1625–AA00                                           after the scheduled event by                          safety zone area would be considered on
                                                                                                         establishing a 90-minute safety zone                  a case-by-case basis.
                                                 Safety Zone; Allegheny River Mile 43.5                  beginning 30 minutes before the display
                                                 to 44.5, Kittanning, Pennsylvania                                                                             B. Impact on Small Entities
                                                                                                         until 30 minutes after the display is over
                                                 AGENCY: Coast Guard, DHS.                               during the hours of 8 p.m. to 11 p.m. on                 The Regulatory Flexibility Act of
                                                 ACTION: Notice of proposed rulemaking.                  the same date. The Coast Guard                        1980, 5 U.S.C. 601–612, as amended,
                                                                                                         proposes this rulemaking under                        requires Federal agencies to consider
                                                 SUMMARY:   The Coast Guard proposes to                  authority in 33 U.S.C. 1231.                          the potential impact of regulations on
                                                 establish a temporary safety zone for all                                                                     small entities during rulemaking. The
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                                                 navigable waters of the Allegheny River                 III. Discussion of Proposed Rule                      term ‘‘small entities’’ comprises small
                                                 from mile 43.5 to mile 44.5. The safety                    The Captain of the Port Pittsburgh                 businesses, not-for-profit organizations
                                                 zone is needed to protect personnel,                    (COTP) proposes to establish a safety                 that are independently owned and
                                                 vessels, and the marine environment                     zone lasting 90 minutes between the                   operated and are not dominant in their
                                                 from potential hazards created from a                   hours of 8 p.m. and 11 p.m. on August                 fields, and governmental jurisdictions
                                                 barge-based firework display. Entry of                  6, 2016. The safety zone would cover all              with populations of less than 50,000.
                                                 vessels or persons into this zone is                    navigable waters of the Allegheny River               The Coast Guard certifies under 5 U.S.C.
                                                 prohibited unless specifically                          from mile 43.5. to mile 44.5. The                     605(b) that this proposed rule would not


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                                                 33618                     Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules

                                                 have a significant economic impact on                   implications for federalism or Indian                 outcome of this rulemaking. If you
                                                 a substantial number of small entities.                 tribes, please contact the person listed              submit a comment, please include the
                                                    While some owners or operators of                    in the FOR FURTHER INFORMATION                        docket number for this rulemaking,
                                                 vessels intending to transit the safety                 CONTACT section.                                      indicate the specific section of this
                                                 zone may be small entities, for the                                                                           document to which each comment
                                                 reasons stated in section IV.A. above                   E. Unfunded Mandates Reform Act
                                                                                                                                                               applies, and provide a reason for each
                                                 this proposed rule would not have a                        The Unfunded Mandates Reform Act                   suggestion or recommendation.
                                                 significant economic impact on any                      of 1995 (2 U.S.C. 1531–1538) requires                    We encourage you to submit
                                                 vessel owner or operator.                               Federal agencies to assess the effects of             comments through the Federal
                                                    If you think that your business,                     their discretionary regulatory actions. In            eRulemaking Portal at http://
                                                 organization, or governmental                           particular, the Act addresses actions                 www.regulations.gov. If your material
                                                 jurisdiction qualifies as a small entity                that may result in the expenditure by a               cannot be submitted using http://
                                                 and that this rule would have a                         State, local, or tribal government, in the            www.regulations.gov, contact the person
                                                 significant economic impact on it,                      aggregate, or by the private sector of                in the FOR FURTHER INFORMATION
                                                 please submit a comment (see                            $100,000,000 (adjusted for inflation) or              CONTACT section of this document for
                                                 ADDRESSES) explaining why you think it                  more in any one year. Though this                     alternate instructions.
                                                 qualifies and how and to what degree                    proposed rule would not result in such                   We accept anonymous comments. All
                                                 this rule would economically affect it.                 an expenditure, we do discuss the                     comments received will be posted
                                                    Under section 213(a) of the Small                    effects of this rule elsewhere in this                without change to http://
                                                 Business Regulatory Enforcement                         preamble.                                             www.regulations.gov and will include
                                                 Fairness Act of 1996 (Pub. L. 104–121),                                                                       any personal information you have
                                                 we want to assist small entities in                     F. Environment
                                                                                                                                                               provided. For more about privacy and
                                                 understanding this proposed rule. If the                  We have analyzed this proposed rule                 the docket, you may review a Privacy
                                                 rule would affect your small business,                  under Department of Homeland                          Act notice regarding the Federal Docket
                                                 organization, or governmental                           Security Management Directive 023–01                  Management System in the March 24,
                                                 jurisdiction and you have questions                     and Commandant Instruction                            2005, issue of the Federal Register (70
                                                 concerning its provisions or options for                M16475.lD, which guide the Coast                      FR 15086).
                                                 compliance, please contact the person                   Guard in complying with the National                     Documents mentioned in this NPRM
                                                 listed in the FOR FURTHER INFORMATION                   Environmental Policy Act of 1969 (42                  as being available in the docket, and all
                                                 CONTACT section. The Coast Guard will                   U.S.C. 4321–4370f), and have made a                   public comments, will be in our online
                                                 not retaliate against small entities that               preliminary determination that this                   docket at http://www.regulations.gov
                                                 question or complain about this                         action is one of a category of actions that           and can be viewed by following that
                                                 proposed rule or any policy or action of                do not individually or cumulatively                   Web site’s instructions. Additionally, if
                                                 the Coast Guard.                                        have a significant effect on the human                you go to the online docket and sign up
                                                                                                         environment. This proposed rule                       for email alerts, you will be notified
                                                 C. Collection of Information                            involves a safety zone lasting less than              when comments are posted or a final
                                                   This proposed rule would not call for                 two hours that would prohibit entry into              rule is published.
                                                 a new collection of information under                   the safety zone. Normally such actions
                                                 the Paperwork Reduction Act of 1995                     are categorically excluded from further               List of Subjects in 33 CFR Part 165
                                                 (44 U.S.C. 3501–3520).                                  review under paragraph 34(g) of Figure                  Marine safety, Navigation (water),
                                                 D. Federalism and Indian Tribal                         2–1 of Commandant Instruction                         Reporting and recordkeeping
                                                 Governments                                             M16475.lD. A preliminary                              requirements, Security measures,
                                                                                                         environmental analysis checklist and                  Waterways.
                                                    A rule has implications for federalism               Categorical Exclusion Determination are                 For the reasons discussed in the
                                                 under Executive Order 13132,                            available in the docket where indicated               preamble, the Coast Guard proposes to
                                                 Federalism, if it has a substantial direct              under ADDRESSES. We seek any                          amend 33 CFR part 165 as follows:
                                                 effect on the States, on the relationship               comments or information that may lead
                                                 between the national government and                     to the discovery of a significant                     PART 165—REGULATED NAVIGATION
                                                 the States, or on the distribution of                   environmental impact from this                        AREAS AND LIMITED ACCESS AREAS
                                                 power and responsibilities among the                    proposed rule.
                                                 various levels of government. We have                                                                         ■ 1. The authority citation for part 165
                                                 analyzed this proposed rule under that                  G. Protest Activities                                 continues to read as follows:
                                                 Order and have determined that it is                      The Coast Guard respects the First                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                 consistent with the fundamental                         Amendment rights of protesters.                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                 federalism principles and preemption                    Protesters are asked to contact the                   Department of Homeland Security Delegation
                                                 requirements described in Executive                     person listed in the FOR FURTHER                      No. 0170.1.
                                                 Order 13132.                                            INFORMATION CONTACT section to                        ■ 2. Add § 165.T08–0323 under the
                                                    Also, this proposed rule does not have               coordinate protest activities so that your            undesignated center heading Eighth
                                                 tribal implications under Executive                     message can be received without                       Coast Guard District to read as follows:
                                                 Order 13175, Consultation and                           jeopardizing the safety or security of
                                                 Coordination with Indian Tribal                         people, places, or vessels.                           § 165.T08–0323 Safety Zone; Allegheny
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                                                 Governments, because it would not have                                                                        River Mile 43.5 to Mile 44.5, Kittanning, PA
                                                 a substantial direct effect on one or                   V. Public Participation and Request for                 (a) Location. The following area is a
                                                 more Indian tribes, on the relationship                 Comments                                              safety zone: All navigable waters of the
                                                 between the Federal Government and                        We view public participation as                     Allegheny River from mile 43.5 to mile
                                                 Indian tribes, or on the distribution of                essential to effective rulemaking, and                44.5.
                                                 power and responsibilities between the                  will consider all comments and material                 (b) Definitions. As used in this
                                                 Federal Government and Indian tribes.                   received during the comment period.                   section, designated representative
                                                 If you believe this proposed rule has                   Your comment can help shape the                       means a Coast Guard Patrol


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                                                                           Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules                                            33619

                                                 Commander, including a Coast Guard                      incentivizing more timely filing or                   Office with respect to such Trademark
                                                 coxswain, petty officer, or other officer               examination of applications and other                 and TTAB operations. The Director may
                                                 operating a Coast Guard vessel and a                    filings and more efficient resolution of              set individual fees at, below, or above
                                                 Federal, State, and local officer                       appeals and trials; and promoting the                 their respective cost. Section 10
                                                 designated by or assisting the Captain of               efficiency of the process, in large part              authority includes flexibility to set
                                                 the Port Pittsburgh (COTP) in the                       through lower-cost electronic filing                  individual fees in a way that furthers
                                                 enforcement of the safety zone.                         options.                                              key policy considerations, while taking
                                                    (c) Regulations. (1) Under the general               DATES: Written comments must be                       into account the cost of the respective
                                                 safety zone regulations in § 165.23, you                received on or before July 11, 2016.                  services. Section 10 also establishes
                                                 may not enter the safety zone described                                                                       certain procedural requirements for
                                                                                                         ADDRESSES: The USPTO prefers that
                                                 in paragraph (a) of this section unless                                                                       setting or adjusting fee regulations, such
                                                                                                         comments be submitted via electronic
                                                 authorized by the COTP or the COTP’s                                                                          as public hearings and input from the
                                                                                                         mail message to TMFRNotices@
                                                 designated representative.                                                                                    Trademark Public Advisory Committee
                                                                                                         uspto.gov. Written comments also may
                                                    (2) To seek permission to enter,                                                                           (TPAC) and oversight by Congress.
                                                                                                         be submitted by mail to the
                                                 contact the COTP or the COTP’s                                                                                Accordingly, on October 14, 2015, the
                                                                                                         Commissioner for Trademarks, P.O. Box
                                                 representative at 412–221–0807. Those                                                                         Director notified the TPAC of the
                                                                                                         1451, Alexandria, VA 22313–1451,
                                                 in the safety zone must comply with all                                                                       Office’s intent to set or adjust trademark
                                                                                                         attention Jennifer Chicoski; by hand
                                                 lawful orders or directions given to                                                                          fees and submitted a preliminary
                                                                                                         delivery to the Trademark Assistance
                                                 them by the COTP or the COTP’s                                                                                trademark fee proposal with supporting
                                                                                                         Center, Concourse Level, James Madison
                                                 designated representative.                                                                                    materials. The preliminary trademark
                                                                                                         Building-East Wing, 600 Dulany Street,
                                                    (d) Enforcement period. This section                                                                       fee proposal and associated materials
                                                                                                         Alexandria, VA 22314, attention
                                                 will be enforced for 90 minutes during                                                                        are available at http://www.uspto.gov/
                                                                                                         Jennifer Chicoski; or by electronic mail
                                                 the hours of 9 p.m. to 11 p.m. on August                                                                      about-us/performance-and-planning/
                                                                                                         message via the Federal eRulemaking
                                                 6, 2016.                                                                                                      fee-setting-and-adjusting. The fee
                                                                                                         Portal. See the Federal eRulemaking
                                                    (e) Informational broadcasts. The                                                                          proposal had three objectives to achieve
                                                                                                         Portal Web site (http://
                                                 COTP or a designated representative                                                                           the goals of recovering prospective
                                                                                                         www.regulations.gov) for additional
                                                 will inform the public through                                                                                aggregate costs of operation while
                                                                                                         instructions on providing comments via
                                                 broadcast notices to mariners of the                                                                          furthering key policy considerations: (1)
                                                                                                         the Federal eRulemaking Portal. All
                                                 enforcement period for the safety zone                                                                        To better align fees with full costs; (2)
                                                                                                         comments submitted directly to the
                                                 as well as any changes in the                                                                                 to protect the integrity of the register;
                                                                                                         USPTO or provided on the Federal
                                                 enforcement period.                                                                                           and (3) to promote the efficiency of the
                                                                                                         eRulemaking Portal should include the
                                                   Dated: April 25, 2016.                                                                                      trademark process.
                                                                                                         docket number (PTO–T–2016–0005).
                                                                                                                                                                  The TPAC held a public hearing in
                                                 L. McClain, Jr.,                                           The comments will be available for
                                                                                                                                                               Alexandria, Virginia on November 3,
                                                 Commander, U.S. Coast Guard, Captain of                 public inspection on the USPTO’s Web
                                                                                                                                                               2015. Transcripts of this hearing and
                                                 the Port Pittsburgh.                                    site at http://www.uspto.gov, on the
                                                                                                                                                               comments submitted to the TPAC in
                                                 [FR Doc. 2016–12628 Filed 5–26–16; 8:45 am]             Federal eRulemaking Portal, and at the
                                                                                                                                                               writing are available for review at http://
                                                 BILLING CODE 9110–04–P                                  Office of the Commissioner for
                                                                                                                                                               www.uspto.gov/about-us/performance-
                                                                                                         Trademarks, Madison East, Tenth Floor,
                                                                                                                                                               and-planning/fee-setting-and-adjusting.
                                                                                                         600 Dulany Street, Alexandria, VA
                                                                                                                                                               The TPAC released its report regarding
                                                 DEPARTMENT OF COMMERCE                                  22314. Because comments will be made
                                                                                                                                                               the preliminary proposed fees on
                                                                                                         available for public inspection,
                                                                                                                                                               November 30, 2015. The report can be
                                                 Patent and Trademark Office                             information that is not desired to be
                                                                                                                                                               found online at http://www.uspto.gov/
                                                                                                         made public, such as an address or
                                                                                                                                                               about-us/performance-and-planning/
                                                 37 CFR Parts 2 and 7                                    phone number, should not be included.                 fee-setting-and-adjusting. The Office has
                                                                                                         FOR FURTHER INFORMATION CONTACT:                      considered the comments, advice, and
                                                 [Docket No. PTO–T–2016–0005]
                                                                                                         Jennifer Chicoski, Office of the Deputy               recommendations received from the
                                                 RIN 0651–AD08                                           Commissioner for Trademark                            TPAC and the public in setting the fees
                                                                                                         Examination Policy, by email at                       proposed herein.
                                                 Trademark Fee Adjustment                                TMPolicy@uspto.gov, or by telephone at                   In the report, the TPAC expressed
                                                 AGENCY: United States Patent and                        (571) 272–8943.                                       general support for an increase in fees
                                                 Trademark Office, Commerce.                             SUPPLEMENTARY INFORMATION:                            in order to recover full costs and
                                                 ACTION: Notice of proposed rulemaking.                     Purpose: Section 10 of the AIA                     maintain a sufficient operating reserve.
                                                                                                         (Section 10) authorizes the Director of               The TPAC also expressed concerns over
                                                 SUMMARY:   The United States Patent and                 the USPTO (Director) to set or adjust by              some of the fee increases and the
                                                 Trademark Office (Office or USPTO)                      rule any fee established, authorized, or              potential impact on customers and
                                                 proposes to set or increase certain                     charged under the Trademark Act of                    included alternative fee proposals. The
                                                 trademark fees, as authorized by the                    1946, 15 U.S.C. 1051 et seq., as                      USPTO has reviewed the report and has
                                                 Leahy-Smith America Invents Act                         amended (the Trademark Act or the Act)                amended the initial fee proposal to
                                                 (AIA). The proposed fees will allow the                 for any services performed by, or                     address some of the concerns, where
                                                 Office to recover the aggregate estimated               materials furnished by, the Office. See               possible, so as to remain consistent with
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 cost of Trademark and Trademark Trial                   section 10 of the AIA, Public Law 112–                the rulemaking goals and objectives.
                                                 and Appeal Board (TTAB) operations                      29, 125 Stat. 284, 316–17. Section 10                    The TPAC expressed general support
                                                 and USPTO administrative services that                  prescribes that fees may be set or                    for the stated goals of full cost recovery
                                                 support Trademark operations. The                       adjusted only to recover the aggregate                with an increase in certain trademark
                                                 proposals will further USPTO strategic                  estimated costs to the Office for                     fees and, in particular, for the goal of
                                                 objectives by: Better aligning fees with                processing, activities, services, and                 recovering more of the costs for TTAB
                                                 the full cost of products and services;                 materials relating to trademarks,                     operations. The report specifically
                                                 protecting the integrity of the register by             including administrative costs to the                 expressed uniform support for the


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Document Created: 2018-02-07 15:10:16
Document Modified: 2018-02-07 15:10:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 27, 2016.
ContactIf you have questions about this proposed rulemaking, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation81 FR 33617 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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