81_FR_35778 81 FR 35671 - Safety Zones; Safety Zones Within the Captain of the Port New Orleans Zone; New Orleans to Baton Rouge, LA

81 FR 35671 - Safety Zones; Safety Zones Within the Captain of the Port New Orleans Zone; New Orleans to Baton Rouge, LA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 107 (June 3, 2016)

Page Range35671-35674
FR Document2016-13119

The Coast Guard proposes to establish temporary safety zones for multiple locations and dates within the Captain of the Port New Orleans' zone. These safety zones are necessary to protect persons and vessels from potential safety hazards associated with fireworks displays on or over federal waterways. Entry into these zones is prohibited unless specifically authorized by the Captain of the Port New Orleans or a designated representative.

Federal Register, Volume 81 Issue 107 (Friday, June 3, 2016)
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Proposed Rules]
[Pages 35671-35674]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13119]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0340]
RIN 1625-AA00


Safety Zones; Safety Zones Within the Captain of the Port New 
Orleans Zone; New Orleans to Baton Rouge, LA

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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[[Page 35672]]

SUMMARY: The Coast Guard proposes to establish temporary safety zones 
for multiple locations and dates within the Captain of the Port New 
Orleans' zone. These safety zones are necessary to protect persons and 
vessels from potential safety hazards associated with fireworks 
displays on or over federal waterways. Entry into these zones is 
prohibited unless specifically authorized by the Captain of the Port 
New Orleans or a designated representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 20, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0340 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 Lieutenant Commander (LCDR) James 
Gatz, Sector New Orleans, at (504) 365-2281 or [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
MSIB Marine Safety Information Bulletin
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Coast Guard proposes establishment of temporary safety zones 
for the following upcoming fireworks displays:
    (1) A corporate event scheduled for one hour in the evening between 
6:00 p.m. and 11:00 p.m. on June 15, 2016. The fireworks barge will be 
positioned adjacent to the foot of Dumaine Street in New Orleans, LA, 
at approximate mile marker 94.5 above Head of Passes on the Lower 
Mississippi River. The Coast Guard was notified about this event on 
April 18, 2016.
    (2) The Llamasoft Convention scheduled for one hour in the evening 
between 6:00 p.m. and 11:00 p.m. on June 16, 2016. The fireworks barge 
will be positioned adjacent to Spanish Plaza in New Orleans, LA, at 
approximate mile marker 95.0 above Head of Passes on the Lower 
Mississippi River. The Coast Guard was notified about this event on 
April 1, 2016.
    (3) The U.S. Travel Association's ``IPW'' Conference scheduled for 
one hour in the evening between 6:00 p.m. and 11:00 p.m. on June 22, 
2016. The fireworks barge will be positioned adjacent to Mardi Gras 
World in New Orleans, LA, at approximate mile marker 96.2 above Head of 
Passes on the Lower Mississippi River. The Coast Guard was notified 
about this event on April 1, 2016.
    (4) The St. John the Baptist Parish Independence Day Celebration 
scheduled for one hour in the evening between 6:00 p.m. and 11:00 p.m. 
on June 30, 2016. The fireworks barge will be positioned adjacent to 
the Parish Courthouse in Edgard, LA, at approximate mile marker 138.0 
above Head of Passes on the Lower Mississippi River. The Coast Guard 
was notified about this event on March 15, 2016. This is an annually 
recurring event that is published in 33 CFR 165.801, Table 5, line no. 
2. This year's occurrence is scheduled for a different date and 
location than currently listed in the CFR. Should a permanent change be 
necessary for this safety zone, we will include it in a future 
rulemaking proposing permanent updates to 33 CFR 165.801, Table 5.
    (5) The L'Auberge Casino Independence Day Celebration scheduled for 
one hour in the evening between 6:00 p.m. and 11:00 p.m. on July 4, 
2016. The fireworks barge will be positioned adjacent to the L'Auberge 
Casino in Baton Rouge, LA, at approximate mile marker 216.5 above Head 
of Passes on the Lower Mississippi River. The Coast Guard was notified 
about this event on January 27, 2016. This is an annually-recurring 
event that is not currently published in Table 5 of 33 CFR 165.801. We 
plan to include it in a future rulemaking proposing permanent updates 
to 33 CFR 165.801, Table 5.
    (6) The City of Mandeville Independence Day Celebration scheduled 
for one hour in the evening between 6:00 p.m. and 11:00 p.m. on July 4, 
2016. The fireworks barge will be positioned adjacent to the Mandeville 
City Lakefront in Mandeville, LA, at approximate position 30[deg] 
21.200 N., 90[deg] 04.500 W. The Coast Guard was notified about this 
event on March 14, 2016. A safety zone was established in 2015 for a 
similar event. Based on the history of this event and safety zone need, 
we are considering making this safety zone a permanent recurring 
regulation, and may include it in a future rulemaking proposing 
permanent updates to 33 CFR 165.801, Table 5.
    (7) The American Psychological Association Convention scheduled for 
one hour in the evening between 6:00 p.m. and 11:00 p.m. on September 
23, 2016. The fireworks barge will be positioned adjacent to Dumaine 
Street in New Orleans, LA, at approximate mile marker 94.5 above Head 
of Passes on the Lower Mississippi River. The Coast Guard was notified 
about this event on February 24, 2016.
    Due to the risks associated with aerial barge-based fireworks 
displays taking place on and over these sections of navigable 
waterways, the proposed safety zones are needed to protect persons and 
property. The Coast Guard would notify the public and maritime 
community of the proposed safety zones and their respective enforcement 
periods via broadcast notices to mariners (BNM). The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish multiple temporary safety 
zones within the Captain of the Port New Orleans (COTP) Zone on several 
different dates and in several different locations. The safety zones to 
be established would be enforced on the respective dates listed above 
and in the proposed regulatory text as provided at the end of this 
document. Each safety zone will be limited to a duration of one hour, 
and will occur during the evenings on the dates specified, between the 
hours of 6:00 p.m. and 11:00 p.m. Entry into these safety zones is 
prohibited unless permission has been granted by the COTP New Orleans, 
or a designated representative.
    The COTP New Orleans will inform the public through BNMs of the 
enforcement period for each safety zone as well as any changes in the 
planned schedule. Mariners and other members of the public may also 
contact Coast Guard Sector New Orleans Command Center to inquire about 
the status of the safety zone by calling (504) 365-2200.

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

[[Page 35673]]

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.
    Six of these proposed safety zones would be no greater than 1 river 
mile in length and would restrict navigation on the Lower Mississippi 
River for no longer than one hour each. The remaining proposed safety 
zone would be limited to a circular area 1200 feet in diameter located 
along the North Shore of Lake Pontchartrain, in an area with ample room 
for other traffic to navigate around the safety zone, and would be in 
effect for no longer than one hour. Due to the limited scope and short 
duration of each proposed safety zone, the impacts on routine 
navigation are expected to be minimal. Additionally, the Coast Guard 
would issue maritime notices widely available to waterway users and 
deviation from the proposed safety zones may be requested and 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 have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zones 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 (Public Law 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 rule proposes to establish seven 
temporary safety zones within the Captain of the Port New Orleans 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

[[Page 35674]]

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.T08-0340 to read as follows:


Sec.  165.T08-0340  Safety Zones; Captain of the Port New Orleans Zone; 
New Orleans to Baton Rouge, LA.

    (a) Safety zones. The following areas are safety zones:
    (1) Fireworks display, New Orleans, LA. (i) Location. All waters of 
the Lower Mississippi River from mile marker 94.0 to mile marker 95.0 
Above Head of Passes.
    (ii) Effective date and time. June 15, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (2) LLamasoft Convention fireworks display, New Orleans, LA. (i) 
Location. All waters of the Lower Mississippi River from mile marker 
94.5 to mile marker 95.5 Above Head of Passes.
    (ii) Effective date and time. June 16, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (3) U.S. Travel Association fireworks display, New Orleans, LA. (i) 
Location. All waters of the Lower Mississippi River from mile marker 
95.7 to mile marker 96.7 Above Head of Passes.
    (ii) Effective date and time. June 22, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (4) St. John the Baptist Independence Day Celebration fireworks 
display, Edgard, LA. (i) Location. All waters of the Lower Mississippi 
River from mile marker 137.5 to mile marker 138.5 Above Head of Passes.
    (ii) Effective date and time. June 30, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (5) L'Auberge Casino Independence Day Celebration fireworks 
display, Baton Rouge, LA. (i) Location. All waters of the Lower 
Mississippi River from mile marker 216.0 to mile 217.0 Above Head of 
Passes.
    (ii) Effective date and time. July 4, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (6) City of Mandeville Independence Day Celebration fireworks 
display, Mandeville, LA. (i) Location. All waters of Lake Pontchartrain 
extending 600 feet in any direction from 30[deg] 21.200 N., 090[deg] 
04.500 W.
    (ii) Effective date and time. July 4, 2016, for one hour in the 
evening between the hours of 6:00 p.m. and 11:00 p.m.
    (7) American Psychological Association Convention fireworks 
display, New Orleans, LA. (i) Location. All waters of the Lower 
Mississippi River from mile marker 94.0 to mile marker 95.0 Above Head 
of Passes.
    (ii) Effective date and time. September 23, 2016, for one hour in 
the evening between the hours of 6:00 p.m. and 11:00 p.m.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into these zones is prohibited unless 
specifically authorized by the Captain of the Port (COTP) New Orleans 
or designated personnel. Designated personnel include commissioned, 
warrant and petty officers of the U.S. Coast Guard assigned to units 
under the operational control of USCG Sector New Orleans. For each 
event, the COTP New Orleans designated representative will be announced 
via Marine Safety Information Bulletin and Notice to Mariners.
    (2) Vessels requiring deviation from this rule must request 
permission from the COTP New Orleans or a COTP New Orleans designated 
representative. They may be contacted via the U.S. Coast Guard Sector 
New Orleans Command Center, via VHF-FM Channel 16 or by phone at (504) 
365-2200.
    (3) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted areas must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP New 
Orleans or the designated representative.
    (c) Information Broadcasts. The COTP New Orleans or designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement periods for the safety zones as well as any 
changes in the planned schedules.

    Dated: May 13, 2016.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2016-13119 Filed 6-2-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                               Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                                 35671

                                                    commodities, money services                             PART 1010—GENERAL PROVISIONS                           such correspondents may not provide a
                                                    businesses, and mutual funds.                                                                                  North Korean financial institution with
                                                      Estimated Number of Affected                          ■  1. The authority citation for part 1010             access to the correspondent account
                                                    Financial Institutions: 5,000.                          is revised to read as follows:                         maintained at the covered financial
                                                      Estimated Average Annual Burden in                       Authority: 12 U.S.C. 1829b and 1951–                institution; and
                                                    Hours Per Affected Financial                            1959; 31 U.S.C. 5311–5314, 5316–5332; Title               (B) Taking reasonable steps to identify
                                                    Institution: The estimated average                      III, sec. 314 Pub. L. 107–56, 115 Stat. 307.           any use of its foreign correspondent
                                                    burden associated with the collection of                ■   2. Add § 1010.659 to read as follows:              accounts by a North Korean financial
                                                    information in this proposed rule is one                                                                       institution, to the extent that such use
                                                    hour per affected financial institution.                § 1010.659 Special measures against                    can be determined from transactional
                                                                                                            North Korea.                                           records maintained in the covered
                                                      Estimated Total Annual Burden:
                                                    5,000 hours.                                               (a) Definitions. For purposes of this               financial institution’s normal course of
                                                      FinCEN specifically invites comments                  section:                                               business.
                                                                                                               (1) North Korean financial institution                 (ii) A covered financial institution
                                                    on: (a) Whether the proposed collection
                                                                                                            means all branches, offices, or                        shall take a risk-based approach when
                                                    of information is necessary for the
                                                                                                            subsidiaries of any foreign financial                  deciding what, if any, other due
                                                    proper performance of the mission of
                                                                                                            institution, as defined at § 1010.605(f),              diligence measures it reasonably must
                                                    FinCEN, including whether the
                                                                                                            chartered or licensed by North Korea,                  adopt to guard against the use of its
                                                    information would have practical
                                                                                                            wherever located, including any                        foreign correspondent accounts to
                                                    utility; (b) the accuracy of FinCEN’s
                                                                                                            branches, offices, or subsidiaries of such             process transactions involving North
                                                    estimate of the burden of the proposed
                                                                                                            financial institution operating in any                 Korean financial institutions.
                                                    collection of information; (c) ways to
                                                                                                            jurisdiction, and any branch or office                    (iii) A covered financial institution
                                                    enhance the quality, utility, and clarity
                                                                                                            within North Korea of any foreign                      that knows or has reason to believe that
                                                    of the information required to be
                                                                                                            financial institution.                                 a foreign banking institution’s
                                                    maintained; (d) ways to minimize the                       (2) Foreign banking institution has the
                                                    burden of the required collection of                                                                           correspondent account has been or is
                                                                                                            same meaning as provided in                            being used to process transactions
                                                    information, including through the use                  § 1010.100(u).
                                                    of automated collection techniques or                                                                          involving a North Korean financial
                                                                                                               (3) Correspondent account has the                   institution shall take all appropriate
                                                    other forms of information technology;                  same meaning as provided in
                                                    and (e) estimates of capital or start-up                                                                       steps to further investigate and prevent
                                                                                                            § 1010.605(c)(1)(i).                                   such access, including the notification
                                                    costs and costs of operation,                              (4) Covered financial institution has
                                                    maintenance, and purchase of services                                                                          of its correspondent account holder
                                                                                                            the same meaning as provided in                        under paragraph (b)(3)(i)(A) of this
                                                    to report the information.                              § 1010.605(e)(1).                                      section and, where necessary,
                                                      An agency may not conduct or                             (5) Subsidiary means a company of                   termination of the correspondent
                                                    sponsor, and a person is not required to                which more than 50 percent of the                      account.
                                                    respond to, a collection of information                 voting stock or analogous equity interest                 (4) Recordkeeping and reporting. (i) A
                                                    unless it displays a valid OMB control                  is owned by another company.                           covered financial institution is required
                                                    number.                                                    (b) Prohibition on accounts and due                 to document its compliance with the
                                                    VII. Executive Order 12866                              diligence requirements for covered                     notice requirement set forth in
                                                                                                            financial institutions—(1) Opening or                  paragraph (b)(3)(i)(A) of this section.
                                                       Executive Orders 12866 and 13563                     maintenance of correspondent                              (ii) Nothing in this paragraph (b) shall
                                                    direct agencies to assess costs and                     accounts. A covered financial                          require a covered financial institution to
                                                    benefits of available regulatory                        institution shall not open or maintain in              report any information not otherwise
                                                    alternatives and, if regulation is                      the United States a correspondent                      required to be reported by law or
                                                    necessary, to select regulatory                         account for, or on behalf of, a North                  regulation.
                                                    approaches that maximize net benefits                   Korean banking institution.
                                                    (including potential economic,                             (2) Prohibition on use of                           Jamal El-Hindi,
                                                    environmental, public health and safety                 correspondent accounts. A covered                      Acting Director, Financial Crimes
                                                    effects, distributive impacts, and                      financial institution shall not process a              Enforcement Network.
                                                    equity). Executive Order 13563                          transaction for the correspondent                      [FR Doc. 2016–13037 Filed 6–2–16; 8:45 am]
                                                    emphasizes the importance of                            account of a foreign banking institution               BILLING CODE 4810–02–P
                                                    quantifying both costs and benefits, of                 in the United States if such transaction
                                                    reducing costs, of harmonizing rules,                   involves a North Korean financial
                                                    and of promoting flexibility. It has been               institution.                                           DEPARTMENT OF HOMELAND
                                                    determined that the proposed rule is not                   (3) Special due diligence of                        SECURITY
                                                    a ‘‘significant regulatory action’’ for                 correspondent accounts to prohibit use.
                                                    purposes of Executive Order 12866.                      (i) A covered financial institution shall              Coast Guard
                                                                                                            apply special due diligence to its foreign
                                                    List of Subjects in 31 CFR Part 1010
                                                                                                            correspondent accounts that is                         33 CFR Part 165
                                                      Administrative practice and                           reasonably designed to guard against
                                                                                                                                                                   [Docket Number USCG–2016–0340]
                                                    procedure, Banks and banking, Brokers,                  their use to process transactions
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Counter-money laundering, Counter-                      involving North Korean financial                       RIN 1625–AA00
                                                    terrorism, Foreign banking.                             institutions. At a minimum, that special
                                                                                                            due diligence must include:                            Safety Zones; Safety Zones Within the
                                                    Authority and Issuance                                                                                         Captain of the Port New Orleans Zone;
                                                                                                               (A) Notifying those foreign
                                                       For the reasons set forth in the                     correspondent account holders that the                 New Orleans to Baton Rouge, LA
                                                    preamble, part 1010, chapter X of title                 covered financial institution knows or                 AGENCY:   Coast Guard, DHS.
                                                    31 of the Code of Federal Regulations,                  has reason to believe provide services to
                                                                                                                                                                   ACTION:   Notice of proposed rulemaking.
                                                    is proposed to be amended as follows:                   a North Korean financial institution that


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                                                    35672                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    SUMMARY:   The Coast Guard proposes to                  Coast Guard was notified about this                      (7) The American Psychological
                                                    establish temporary safety zones for                    event on April 1, 2016.                                Association Convention scheduled for
                                                    multiple locations and dates within the                    (3) The U.S. Travel Association’s                   one hour in the evening between 6:00
                                                    Captain of the Port New Orleans’ zone.                  ‘‘IPW’’ Conference scheduled for one                   p.m. and 11:00 p.m. on September 23,
                                                    These safety zones are necessary to                     hour in the evening between 6:00 p.m.                  2016. The fireworks barge will be
                                                    protect persons and vessels from                        and 11:00 p.m. on June 22, 2016. The                   positioned adjacent to Dumaine Street
                                                    potential safety hazards associated with                fireworks barge will be positioned                     in New Orleans, LA, at approximate
                                                    fireworks displays on or over federal                   adjacent to Mardi Gras World in New                    mile marker 94.5 above Head of Passes
                                                    waterways. Entry into these zones is                    Orleans, LA, at approximate mile                       on the Lower Mississippi River. The
                                                    prohibited unless specifically                          marker 96.2 above Head of Passes on the                Coast Guard was notified about this
                                                    authorized by the Captain of the Port                   Lower Mississippi River. The Coast                     event on February 24, 2016.
                                                    New Orleans or a designated                             Guard was notified about this event on                   Due to the risks associated with aerial
                                                    representative.                                         April 1, 2016.                                         barge-based fireworks displays taking
                                                                                                               (4) The St. John the Baptist Parish                 place on and over these sections of
                                                    DATES: Comments and related material
                                                                                                            Independence Day Celebration                           navigable waterways, the proposed
                                                    must be received by the Coast Guard on                  scheduled for one hour in the evening
                                                    or before June 20, 2016.                                                                                       safety zones are needed to protect
                                                                                                            between 6:00 p.m. and 11:00 p.m. on                    persons and property. The Coast Guard
                                                    ADDRESSES: You may submit comments                      June 30, 2016. The fireworks barge will                would notify the public and maritime
                                                    identified by docket number USCG–                       be positioned adjacent to the Parish                   community of the proposed safety zones
                                                    2016–0340 using the Federal                             Courthouse in Edgard, LA, at                           and their respective enforcement
                                                    eRulemaking Portal at http://                           approximate mile marker 138.0 above                    periods via broadcast notices to
                                                    www.regulations.gov. See the ‘‘Public                   Head of Passes on the Lower Mississippi                mariners (BNM). The Coast Guard
                                                    Participation and Request for                           River. The Coast Guard was notified                    proposes this rulemaking under
                                                    Comments’’ portion of the                               about this event on March 15, 2016.                    authority in 33 U.S.C. 1231.
                                                    SUPPLEMENTARY INFORMATION section for                   This is an annually recurring event that
                                                    further instructions on submitting                      is published in 33 CFR 165.801, Table                  III. Discussion of Proposed Rule
                                                    comments.                                               5, line no. 2. This year’s occurrence is                  The Coast Guard proposes to establish
                                                    FOR FURTHER INFORMATION CONTACT: If                     scheduled for a different date and                     multiple temporary safety zones within
                                                    you have questions about this proposed                  location than currently listed in the                  the Captain of the Port New Orleans
                                                    rulemaking, call or email Lieutenant                    CFR. Should a permanent change be                      (COTP) Zone on several different dates
                                                    Commander (LCDR) James Gatz, Sector                     necessary for this safety zone, we will                and in several different locations. The
                                                    New Orleans, at (504) 365–2281 or                       include it in a future rulemaking                      safety zones to be established would be
                                                    James.C.Gatz@uscg.mil.                                  proposing permanent updates to 33 CFR                  enforced on the respective dates listed
                                                                                                            165.801, Table 5.                                      above and in the proposed regulatory
                                                    SUPPLEMENTARY INFORMATION:                                 (5) The L’Auberge Casino                            text as provided at the end of this
                                                    I. Table of Abbreviations                               Independence Day Celebration                           document. Each safety zone will be
                                                    BNM Broadcast Notice to Mariners
                                                                                                            scheduled for one hour in the evening                  limited to a duration of one hour, and
                                                    CFR Code of Federal Regulations                         between 6:00 p.m. and 11:00 p.m. on                    will occur during the evenings on the
                                                    DHS Department of Homeland Security                     July 4, 2016. The fireworks barge will be              dates specified, between the hours of
                                                    FR Federal Register                                     positioned adjacent to the L’Auberge                   6:00 p.m. and 11:00 p.m. Entry into
                                                    MSIB Marine Safety Information Bulletin                 Casino in Baton Rouge, LA, at                          these safety zones is prohibited unless
                                                    NPRM Notice of proposed rulemaking                      approximate mile marker 216.5 above                    permission has been granted by the
                                                    § Section                                               Head of Passes on the Lower Mississippi                COTP New Orleans, or a designated
                                                    U.S.C. United States Code                               River. The Coast Guard was notified                    representative.
                                                                                                            about this event on January 27, 2016.                     The COTP New Orleans will inform
                                                    II. Background, Purpose, and Legal                      This is an annually-recurring event that
                                                    Basis                                                                                                          the public through BNMs of the
                                                                                                            is not currently published in Table 5 of               enforcement period for each safety zone
                                                       The Coast Guard proposes                             33 CFR 165.801. We plan to include it                  as well as any changes in the planned
                                                    establishment of temporary safety zones                 in a future rulemaking proposing                       schedule. Mariners and other members
                                                    for the following upcoming fireworks                    permanent updates to 33 CFR 165.801,                   of the public may also contact Coast
                                                    displays:                                               Table 5.                                               Guard Sector New Orleans Command
                                                       (1) A corporate event scheduled for                     (6) The City of Mandeville                          Center to inquire about the status of the
                                                    one hour in the evening between 6:00                    Independence Day Celebration                           safety zone by calling (504) 365–2200.
                                                    p.m. and 11:00 p.m. on June 15, 2016.                   scheduled for one hour in the evening
                                                    The fireworks barge will be positioned                  between 6:00 p.m. and 11:00 p.m. on                    IV. Regulatory Analyses
                                                    adjacent to the foot of Dumaine Street in               July 4, 2016. The fireworks barge will be                We developed this proposed rule after
                                                    New Orleans, LA, at approximate mile                    positioned adjacent to the Mandeville                  considering numerous statutes and
                                                    marker 94.5 above Head of Passes on the                 City Lakefront in Mandeville, LA, at                   Executive orders related to rulemaking.
                                                    Lower Mississippi River. The Coast                      approximate position 30° 21.200 N., 90°                Below we summarize our analyses
                                                    Guard was notified about this event on                  04.500 W. The Coast Guard was notified                 based on a number of these statutes and
                                                    April 18, 2016.                                         about this event on March 14, 2016. A                  Executive orders and we discuss First
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                                                       (2) The Llamasoft Convention                         safety zone was established in 2015 for                Amendment rights of protestors.
                                                    scheduled for one hour in the evening                   a similar event. Based on the history of
                                                    between 6:00 p.m. and 11:00 p.m. on                     this event and safety zone need, we are                A. Regulatory Planning and Review
                                                    June 16, 2016. The fireworks barge will                 considering making this safety zone a                     Executive Orders 12866 and 13563
                                                    be positioned adjacent to Spanish Plaza                 permanent recurring regulation, and                    direct agencies to assess the costs and
                                                    in New Orleans, LA, at approximate                      may include it in a future rulemaking                  benefits of available regulatory
                                                    mile marker 95.0 above Head of Passes                   proposing permanent updates to 33 CFR                  alternatives and, if regulation is
                                                    on the Lower Mississippi River. The                     165.801, Table 5.                                      necessary, to select regulatory


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                                                                               Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules                                            35673

                                                    approaches that maximize net benefits.                  understanding this proposed rule. If the               F. Environment
                                                    Executive Order 13563 emphasizes the                    rule would affect your small business,                   We have analyzed this proposed rule
                                                    importance of quantifying both costs                    organization, or governmental                          under Department of Homeland
                                                    and benefits, of reducing costs, of                     jurisdiction and you have questions                    Security Management Directive 023–01
                                                    harmonizing rules, and of promoting                     concerning its provisions or options for               and Commandant Instruction
                                                    flexibility. This NPRM has not been                     compliance, please contact the person                  M16475.lD, which guide the Coast
                                                    designated a ‘‘significant regulatory                   listed in the FOR FURTHER INFORMATION                  Guard in complying with the National
                                                    action,’’ under Executive Order 12866.                  CONTACT section. The Coast Guard will
                                                                                                                                                                   Environmental Policy Act of 1969 (42
                                                    Accordingly, the NPRM has not been                      not retaliate against small entities that              U.S.C. 4321–4370f), and have made a
                                                    reviewed by the Office of Management                    question or complain about this                        preliminary determination that this
                                                    and Budget.                                             proposed rule or any policy or action of
                                                       Six of these proposed safety zones                                                                          action is one of a category of actions that
                                                                                                            the Coast Guard.                                       do not individually or cumulatively
                                                    would be no greater than 1 river mile in
                                                    length and would restrict navigation on                 C. Collection of Information                           have a significant effect on the human
                                                    the Lower Mississippi River for no                                                                             environment. This rule proposes to
                                                                                                              This proposed rule would not call for                establish seven temporary safety zones
                                                    longer than one hour each. The
                                                                                                            a new collection of information under                  within the Captain of the Port New
                                                    remaining proposed safety zone would
                                                                                                            the Paperwork Reduction Act of 1995                    Orleans zone. Normally such actions are
                                                    be limited to a circular area 1200 feet in
                                                                                                            (44 U.S.C. 3501–3520).                                 categorically excluded from further
                                                    diameter located along the North Shore
                                                    of Lake Pontchartrain, in an area with                                                                         review under paragraph 34(g) of Figure
                                                                                                            D. Federalism and Indian Tribal
                                                    ample room for other traffic to navigate                                                                       2–1 of Commandant Instruction
                                                                                                            Governments
                                                    around the safety zone, and would be in                                                                        M16475.lD. A preliminary
                                                    effect for no longer than one hour. Due                    A rule has implications for federalism              environmental analysis checklist and
                                                    to the limited scope and short duration                 under Executive Order 13132,                           Categorical Exclusion Determination are
                                                    of each proposed safety zone, the                       Federalism, if it has a substantial direct             available in the docket where indicated
                                                    impacts on routine navigation are                       effect on the States, on the relationship              under ADDRESSES. We seek any
                                                    expected to be minimal. Additionally,                   between the national government and                    comments or information that may lead
                                                    the Coast Guard would issue maritime                    the States, or on the distribution of                  to the discovery of a significant
                                                    notices widely available to waterway                    power and responsibilities among the                   environmental impact from this
                                                    users and deviation from the proposed                   various levels of government. We have                  proposed rule.
                                                    safety zones may be requested and                       analyzed this proposed rule under that                 G. Protest Activities
                                                    would be considered on a case-by-case                   Order and have determined that it is
                                                    basis.                                                  consistent with the fundamental                          The Coast Guard respects the First
                                                                                                            federalism principles and preemption                   Amendment rights of protesters.
                                                    B. Impact on Small Entities                                                                                    Protesters are asked to contact the
                                                                                                            requirements described in Executive
                                                       The Regulatory Flexibility Act of                    Order 13132.                                           person listed in the FOR FURTHER
                                                    1980, 5 U.S.C. 601–612, as amended,                                                                            INFORMATION CONTACT section to
                                                                                                               Also, this proposed rule does not have              coordinate protest activities so that your
                                                    requires Federal agencies to consider
                                                                                                            tribal implications under Executive                    message can be received without
                                                    the potential impact of regulations on
                                                                                                            Order 13175, Consultation and                          jeopardizing the safety or security of
                                                    small entities during rulemaking. The
                                                                                                            Coordination with Indian Tribal                        people, places, or vessels.
                                                    term ‘‘small entities’’ comprises small
                                                                                                            Governments, because it would not have
                                                    businesses, not-for-profit organizations                                                                       V. Public Participation and Request for
                                                                                                            a substantial direct effect on one or
                                                    that are independently owned and                                                                               Comments
                                                                                                            more Indian tribes, on the relationship
                                                    operated and are not dominant in their
                                                                                                            between the Federal Government and                        We view public participation as
                                                    fields, and governmental jurisdictions
                                                                                                            Indian tribes, or on the distribution of               essential to effective rulemaking, and
                                                    with populations of less than 50,000.
                                                                                                            power and responsibilities between the                 will consider all comments and material
                                                    The Coast Guard certifies under 5 U.S.C.
                                                                                                            Federal Government and Indian tribes.                  received during the comment period.
                                                    605(b) that this proposed rule would not
                                                                                                            If you believe this proposed rule has                  Your comment can help shape the
                                                    have a significant economic impact on
                                                                                                            implications for federalism or Indian                  outcome of this rulemaking. If you
                                                    a substantial number of small entities.
                                                       While some owners or operators of                    tribes, please contact the person listed               submit a comment, please include the
                                                    vessels intending to transit the safety                 in the FOR FURTHER INFORMATION                         docket number for this rulemaking,
                                                    zones may be small entities, for the                    CONTACT section.                                       indicate the specific section of this
                                                    reasons stated in section IV.A above this               E. Unfunded Mandates Reform Act                        document to which each comment
                                                    proposed rule would not have a                                                                                 applies, and provide a reason for each
                                                    significant economic impact on any                         The Unfunded Mandates Reform Act                    suggestion or recommendation.
                                                    vessel owner or operator. If you think                  of 1995 (2 U.S.C. 1531–1538) requires                     We encourage you to submit
                                                    that your business, organization, or                    Federal agencies to assess the effects of              comments through the Federal
                                                    governmental jurisdiction qualifies as a                their discretionary regulatory actions. In             eRulemaking Portal at http://
                                                    small entity and that this rule would                   particular, the Act addresses actions                  www.regulations.gov. If your material
                                                    have a significant economic impact on                   that may result in the expenditure by a                cannot be submitted using http://
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                                                    it, please submit a comment (see                        State, local, or tribal government, in the             www.regulations.gov, contact the person
                                                    ADDRESSES) explaining why you think it                  aggregate, or by the private sector of                 in the FOR FURTHER INFORMATION
                                                    qualifies and how and to what degree                    $100,000,000 (adjusted for inflation) or               CONTACT section of this document for
                                                    this rule would economically affect it.                 more in any one year. Though this                      alternate instructions.
                                                       Under section 213(a) of the Small                    proposed rule would not result in such                    We accept anonymous comments. All
                                                    Business Regulatory Enforcement                         an expenditure, we do discuss the                      comments received will be posted
                                                    Fairness Act of 1996 (Public Law 104–                   effects of this rule elsewhere in this                 without change to http://
                                                    121), we want to assist small entities in               preamble.                                              www.regulations.gov and will include


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                                                    35674                      Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Proposed Rules

                                                    any personal information you have                       between the hours of 6:00 p.m. and                     transit at the slowest safe speed and
                                                    provided. For more about privacy and                    11:00 p.m.                                             comply with all lawful directions issued
                                                    the docket, you may review a Privacy                      (4) St. John the Baptist Independence                by the COTP New Orleans or the
                                                    Act notice regarding the Federal Docket                 Day Celebration fireworks display,                     designated representative.
                                                    Management System in the March 24,                      Edgard, LA. (i) Location. All waters of                   (c) Information Broadcasts. The COTP
                                                    2005, issue of the Federal Register (70                 the Lower Mississippi River from mile                  New Orleans or designated
                                                    FR 15086).                                              marker 137.5 to mile marker 138.5                      representative will inform the public
                                                      Documents mentioned in this NPRM                      Above Head of Passes.                                  through broadcast notices to mariners of
                                                    as being available in the docket, and all                 (ii) Effective date and time. June 30,               the enforcement periods for the safety
                                                    public comments, will be in our online                  2016, for one hour in the evening                      zones as well as any changes in the
                                                    docket at http://www.regulations.gov                    between the hours of 6:00 p.m. and                     planned schedules.
                                                    and can be viewed by following that                     11:00 p.m.                                               Dated: May 13, 2016.
                                                    Web site’s instructions. Additionally, if                 (5) L’Auberge Casino Independence
                                                                                                                                                                   P.C. Schifflin,
                                                    you go to the online docket and sign up                 Day Celebration fireworks display,
                                                                                                            Baton Rouge, LA. (i) Location. All                     Captain, U.S. Coast Guard, Captain of the
                                                    for email alerts, you will be notified                                                                         Port New Orleans.
                                                    when comments are posted or a final                     waters of the Lower Mississippi River
                                                                                                            from mile marker 216.0 to mile 217.0                   [FR Doc. 2016–13119 Filed 6–2–16; 8:45 am]
                                                    rule is published.
                                                                                                            Above Head of Passes.                                  BILLING CODE 9110–04–P
                                                    List of Subjects in 33 CFR Part 165                       (ii) Effective date and time. July 4,
                                                      Marine safety, Navigation (water),                    2016, for one hour in the evening
                                                    Reporting and recordkeeping                             between the hours of 6:00 p.m. and                     ENVIRONMENTAL PROTECTION
                                                    requirements, Security measures,                        11:00 p.m.                                             AGENCY
                                                    Waterways.                                                (6) City of Mandeville Independence
                                                                                                            Day Celebration fireworks display,                     40 CFR Part 52
                                                      For the reasons discussed in the
                                                    preamble, the Coast Guard proposes to                   Mandeville, LA. (i) Location. All waters               [EPA–R06–OAR–2013–0465; FRL–9947–24–
                                                    amend 33 CFR part 165 as follows:                       of Lake Pontchartrain extending 600 feet               Region 6]
                                                                                                            in any direction from 30° 21.200 N.,
                                                    PART 165—REGULATED NAVIGATION                           090° 04.500 W.                                         Approval and Promulgation of Air
                                                    AREAS AND LIMITED ACCESS AREAS                            (ii) Effective date and time. July 4,                Quality Implementation Plans;
                                                                                                            2016, for one hour in the evening                      Louisiana; Infrastructure State
                                                    ■ 1. The authority citation for part 165                between the hours of 6:00 p.m. and                     Implementation Plan Requirements for
                                                    continues to read as follows:                           11:00 p.m.                                             the National Ambient Air Quality
                                                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;               (7) American Psychological                           Standards
                                                    33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Association Convention fireworks
                                                                                                            display, New Orleans, LA. (i) Location.                AGENCY:  Environmental Protection
                                                    Department of Homeland Security Delegation
                                                    No. 0170.1.                                             All waters of the Lower Mississippi                    Agency (EPA).
                                                                                                            River from mile marker 94.0 to mile                    ACTION: Proposed rule.
                                                    ■ 2. Add § 165.T08–0340 to read as
                                                    follows:                                                marker 95.0 Above Head of Passes.                      SUMMARY:   The Environmental Protection
                                                                                                              (ii) Effective date and time. September
                                                                                                                                                                   Agency (EPA) is proposing to approve
                                                    § 165.T08–0340 Safety Zones; Captain of                 23, 2016, for one hour in the evening
                                                                                                                                                                   elements of a State Implementation Plan
                                                    the Port New Orleans Zone; New Orleans to               between the hours of 6:00 p.m. and
                                                    Baton Rouge, LA.                                                                                               (SIP) submission from the State of
                                                                                                            11:00 p.m.
                                                                                                              (b) Regulations. (1) In accordance                   Louisiana for National Ambient Air
                                                      (a) Safety zones. The following areas
                                                                                                            with the general regulations in § 165.23               Quality Standards (NAAQS) for fine
                                                    are safety zones:
                                                                                                            of this part, entry into these zones is                particulate matter (PM2.5), lead (Pb),
                                                      (1) Fireworks display, New Orleans,
                                                                                                            prohibited unless specifically                         ozone (O3), nitrogen dioxide (NO2), and
                                                    LA. (i) Location. All waters of the Lower
                                                                                                            authorized by the Captain of the Port                  sulfur dioxide (SO2). This submission
                                                    Mississippi River from mile marker 94.0
                                                                                                            (COTP) New Orleans or designated                       addresses how the existing SIP provides
                                                    to mile marker 95.0 Above Head of
                                                                                                            personnel. Designated personnel                        for implementation, maintenance, and
                                                    Passes.
                                                      (ii) Effective date and time. June 15,                include commissioned, warrant and                      enforcement of the NAAQS for these
                                                    2016, for one hour in the evening                       petty officers of the U.S. Coast Guard                 pollutants (also referred to as an
                                                    between the hours of 6:00 p.m. and                      assigned to units under the operational                infrastructure SIP or i-SIP). These i-SIPs
                                                    11:00 p.m.                                              control of USCG Sector New Orleans.                    ensure that the State’s SIP is adequate
                                                      (2) LLamasoft Convention fireworks                    For each event, the COTP New Orleans                   to meet the state’s responsibilities under
                                                    display, New Orleans, LA. (i) Location.                 designated representative will be                      the Federal Clean Air Act (CAA).
                                                    All waters of the Lower Mississippi                     announced via Marine Safety                            DATES: Written comments must be
                                                    River from mile marker 94.5 to mile                     Information Bulletin and Notice to                     received on or before July 5, 2016.
                                                    marker 95.5 Above Head of Passes.                       Mariners.                                              ADDRESSES: Submit your comments,
                                                      (ii) Effective date and time. June 16,                   (2) Vessels requiring deviation from                identified by Docket No. EPA–R06–
                                                    2016, for one hour in the evening                       this rule must request permission from                 OAR–2013–0465, at http://
                                                    between the hours of 6:00 p.m. and                      the COTP New Orleans or a COTP New                     www.regulations.gov or via email to
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                                                    11:00 p.m.                                              Orleans designated representative. They                fuerst.sherry@epa.gov. Follow the
                                                      (3) U.S. Travel Association fireworks                 may be contacted via the U.S. Coast                    online instructions for submitting
                                                    display, New Orleans, LA. (i) Location.                 Guard Sector New Orleans Command                       comments. Once submitted, comments
                                                    All waters of the Lower Mississippi                     Center, via VHF–FM Channel 16 or by                    cannot be edited or removed from
                                                    River from mile marker 95.7 to mile                     phone at (504) 365–2200.                               Regulations.gov. The EPA may publish
                                                    marker 96.7 Above Head of Passes.                          (3) Persons and vessels permitted to                any comment received to its public
                                                      (ii) Effective date and time. June 22,                deviate from this safety zone regulation               docket. Do not submit electronically any
                                                    2016, for one hour in the evening                       and enter the restricted areas must                    information you consider to be


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Document Created: 2018-02-08 07:29:27
Document Modified: 2018-02-08 07:29:27
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 20, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) James Gatz, Sector New Orleans, at (504) 365-2281 or [email protected]
FR Citation81 FR 35671 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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