81_FR_39350 81 FR 39234 - Safety Zone; Verdigris River Mile Marker 444.5 to 443.5

81 FR 39234 - Safety Zone; Verdigris River Mile Marker 444.5 to 443.5

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range39234-39236
FR Document2016-14034

The Coast Guard proposes to establish a permanent safety zone for an annually recurring marine event in the Verdigris River, from Mile Marker (MM) 444.5 to MM 443.5 in Catoosa, Oklahoma. This action is necessary to protect persons and vessels from the potential safety hazards associated with a fireworks display taking place between late June to early July, 2016 and recurring annually thereafter. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port (COTP), Lower Mississippi River or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Proposed Rules]
[Pages 39234-39236]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14034]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0233]
RIN 1625-AA00


Safety Zone; Verdigris River Mile Marker 444.5 to 443.5

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
for an annually recurring marine event in the Verdigris River, from 
Mile Marker (MM) 444.5 to MM 443.5 in Catoosa, Oklahoma. This action is 
necessary to protect persons and vessels from the potential safety 
hazards associated with a fireworks display taking place between late 
June to early July, 2016 and recurring annually thereafter. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless specifically authorized by the Captain of the 
Port (COTP), Lower Mississippi River or a designated representative. We 
invite your comments on this proposed rulemaking.

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

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0233 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 LCDR Krissy Marlin, Sector Lower 
Mississippi River Waterways Management Division, U.S. Coast Guard; 
telephone (901) 521-4725, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 39235]]

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

    The second annual Liberty Fest is planned to take place on the 
Verdigris River on July 4th or the first or second weekend before the 
holiday and is anticipated to continue annually. The Coast Guard 
established a safety zone for the Liberty Fest fireworks display in 
2015 through a temporary final rulemaking. For this year and subsequent 
years, we propose to establish the safety zone as a permanent annually 
recurring regulation to safeguard against the hazards associated with a 
fireworks display on the Verdigris River, near Catoosa, Oklahoma.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231. The purpose of this proposed safety zone is to protect 
both spectators and participants from the hazards associated with a 
fireworks display on or over the waterway.

III. Discussion of Proposed Rule

    The COTP Lower Mississippi River proposes to establish a safety 
zone for approximately 30-45 minutes occurring between 9:00 p.m. and 
11:00 p.m. on one day during July 4th or the first or second weekend 
before the holiday, occurring annually. The proposed safety zone would 
encompass all waters of the Verdigris River from Mile Marker (MM) 444.5 
to (MM) 443.5 and would cover the time period necessary to ensure 
safety on the waterway before, during, and after the display. 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 time, location 
and duration of the safety zone. Vessel traffic would be restricted 
from entering, transiting, or anchoring within a small portion of the 
Verdigris River for approximately 30-45 minutes during the evening, 
when vessel transits are less frequent, on one day on July 4th or the 
first or second weekend before the holiday. Vessels may request 
permission from the COTP to deviate from the restriction and transit 
through the safety zone and notifications to the marine community would 
be made through local notice to mariners (LNM) and broadcast notice to 
mariners (BNM). Therefore, those operating on the waterway would be 
able to plan operations around the proposed safety zone and its 
enforcement times.

B. Impact on Small Entities

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

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under 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 above.

E. Unfunded Mandates Reform Act

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

[[Page 39236]]

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
establishing a temporary safety zone for approximately 30-45 minutes 
during the evening on one day on July 4th or the first or second 
weekend before each year on the Verdigris River from (MM) 444.5 to (MM) 
443.5. Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist and 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

G. Protest Activities

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

V. Public Participation and Request for Comments

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1

0
2. In Sec.  165.801, amend table 6, as proposed to be amended at 81 FR 
17635 on March 30, 2016, by adding an entry for line 14 to read as 
follows:


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

* * * * *

           Table 6 of Sec.   165.801--Sector Lower Mississippi River Annual and Recurring Safety Zones
----------------------------------------------------------------------------------------------------------------
                                                                 Sector lower MS river
                 Date                        Sponsor/name               location               Safety zone
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
14. July 4th or the first or second    LibertyFest............  Verdigris River,         Regulated Area:
 weekend before.                                                 Catoosa, OK.             Verdigris River mile
                                                                                          marker 444.5 to 443.5,
                                                                                          Catoosa, OK.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: June 9, 2016.
J.L. Adams,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Memphis, Tennessee.
[FR Doc. 2016-14034 Filed 6-15-16; 8:45 am]
BILLING CODE 9110-04-P



                                                    39234                   Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Proposed Rules

                                                    the nearest ten dollars to make it easier to            Although the proposed rule does not                    is true that many lessors may receive income
                                                    arrange the small areas into payment                    specifically address the format of HUD’s               from voucher tenants but it is not likely that
                                                    standard groups.                                        publication of Small Area FMRs, in on-line             they will be adversely affected once market
                                                                                                            materials HUD will provide a version of                forces are accounted for. Small PHAs could
                                                    5. Major Policy Alternatives Considered and
                                                                                                            Small Area FMRs formatted and organized so             face an additional administrative burden but
                                                    Rejected
                                                                                                            as to facilitate compliance by PHAs.                   HUD has offered solutions to significantly
                                                       There were several major alternatives to               • Develop a mobile application to                    reduce any burden.
                                                    Small Area FMR rule, all of them either less            automate payment standard determination                [FR Doc. 2016–13939 Filed 6–15–16; 8:45 am]
                                                    effective or more costly than what was finally          and significantly reduce administrative costs
                                                                                                                                                                   BILLING CODE 4210–67–P
                                                    proposed. The obvious alternative was to                of implementing the Small Area FMR rule for
                                                    retaining metro level FMRs at either the 40th           all parties involved (tenant, landlord, PHA).
                                                    or 50th percentile. However, an FMR that                As noted above, HUD will be developing
                                                    does not vary geographically within a                   such an application for PHAs, voucher
                                                    metropolitan area has not achieved the policy                                                                  DEPARTMENT OF HOMELAND
                                                                                                            holders, and landlords.
                                                    objective of promoting location choice. Even              • Allow the rounding of Small Area FMRs              SECURITY
                                                    making the subsidy more generous by                     to the nearest ten dollars to make it easier to
                                                    increasing it from the 40th to 50th percentile          arrange the small areas into payment                   Coast Guard
                                                    has not led to long-term success in                     standard groups. Although the proposed rule
                                                    encouraging geographic mobility.                        does not specify the calculation methods for           33 CFR Part 165
                                                       More appropriate alternatives concern the            Small Area FMR estimates, HUD’s practice in
                                                    implementation of the Small Area FMR by                 the Dallas, TX HUD Metro FMR Area and in               [Docket Number USCG–2016–0233]
                                                    changing the scope of the rule to extend the            the Small Area FMR demonstration sites has
                                                    Small Area FMR to more (or fewer)                       been to round Small Area FMR estimates to              RIN 1625–AA00
                                                    metropolitan areas. The proposed rule                   the nearest $10.00 to make it easier to arrange
                                                    mandates the use of the Small Area FMRs in              small areas into payment standard groups.              Safety Zone; Verdigris River Mile
                                                    metropolitan areas meeting specific criteria            Doing so reduces the number of payment                 Marker 444.5 to 443.5
                                                    and makes it voluntary elsewhere. A                     standards PHAs would be required to
                                                    reasonable alternative to consider would be             administer.                                            AGENCY:   Coast Guard, DHS.
                                                    mandating use of Small Area FMRs                          • Consider an exemption for PHAs                     ACTION:   Notice of proposed rulemaking.
                                                    everywhere. The disadvantage of such an                 administering very few vouchers in Small
                                                    expansive approach is that it may include               Area FMR areas. The proposed rule exempts              SUMMARY:   The Coast Guard proposes to
                                                    metropolitan areas whether one or both of the           HUD Metropolitan FMR Areas with less than              establish a permanent safety zone for an
                                                    following is true: (1) There is no problem to           2,500 HCVs under lease from using Small                annually recurring marine event in the
                                                    be solved (i.e., voucher tenants are not                Area FMRs. HUD is seeking public comment
                                                    especially concentrated in high-poverty
                                                                                                                                                                   Verdigris River, from Mile Marker (MM)
                                                                                                            in this proposed rule on allowing small PHAs
                                                    neighborhoods), and/or (2) the Small Area               in Small Area FMR areas to continue to use
                                                                                                                                                                   444.5 to MM 443.5 in Catoosa,
                                                    FMR is not a viable solution (i.e., nearly all          metropolitan FMRs, particularly if such                Oklahoma. This action is necessary to
                                                    opportunity areas have Small Area FMRs                  PHAs’ tenants are not concentrated in high             protect persons and vessels from the
                                                    within the basic range of the metropolitan              poverty neighborhoods.                                 potential safety hazards associated with
                                                    FMR). The Small Area FMR selection criteria               In addition to the above, the presentation           a fireworks display taking place
                                                    in the proposed rule validate that the HCV              of the information in HUD’s proposed                   between late June to early July, 2016
                                                    population are unevenly distributed before              revision to its PHA administrative fee                 and recurring annually thereafter. This
                                                    implementing the program. If not, then there            formula would also soften any adverse                  proposed rulemaking would prohibit
                                                    is no reason to impose the potential                    impact by providing additional resources to
                                                    administrative costs of a deconcentration
                                                                                                                                                                   persons and vessels from being in the
                                                                                                            small PHAs generally.
                                                    policy. If already deconcentrated, then either                                                                 safety zone unless specifically
                                                    there is no friction in the housing market or           7. Overlapping Federal Regulations                     authorized by the Captain of the Port
                                                    the PHA has found alternative means of                     The Housing Choice Voucher program is               (COTP), Lower Mississippi River or a
                                                    solving this problem. Second, the criteria              the major rental assistance program of the             designated representative. We invite
                                                    ensure that the Small Area FMR is a potential           federal government, providing assistance to            your comments on this proposed
                                                    solution by qualifying only housing markets             2.2 million households. While there are                rulemaking.
                                                    with sufficient housing stock in areas with             many other government policies aimed at
                                                    Small Area FMRs above the basic range                   providing affordable housing, the Small Area           DATES:  Comments and related material
                                                    (more than 110 percent) of the metropolitan             FMR change in policy will not adversely                must be received by the Coast Guard on
                                                    FMR. Providing higher rent subsidies for                interact with any one of them. Instead, the            or before June 27, 2016.
                                                    high-rent ZIP codes will have little impact if          rule will make it easier for PHAs to comply            ADDRESSES: You may submit comments
                                                    there is demand but no supply. Thus, the                with HUD’s Affirmatively Furthering Fair               identified by docket number USCG–
                                                    proposed rule is a judicious trade-off                  Housing rule by providing greater access to
                                                    between the mobility gains of voucher                   areas of opportunity. In other efforts, HUD
                                                                                                                                                                   2016–0233 using the Federal
                                                    holders and administrative costs of PHAs.               has cooperated with other federal agencies             eRulemaking Portal at http://
                                                                                                            through the Rental Policy Working Group to             www.regulations.gov. See the ‘‘Public
                                                    6. Alternatives Which Minimize Impact on                                                                       Participation and Request for
                                                                                                            identify and eliminate overlap or duplication
                                                    Small Entities                                                                                                 Comments’’ portion of the
                                                                                                            that increase the cost of providing affordable
                                                       Under the Initial Regulatory Flexibility             housing.                                               SUPPLEMENTARY INFORMATION section for
                                                    Analysis, HUD must discuss alternatives that                                                                   further instructions on submitting
                                                    minimize the economic impact on small                   8. Conclusion
                                                                                                                                                                   comments.
                                                    entities. In order to lessen the burden on                 The majority of lessors of residential real
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    PHAs, and specifically small PHAs, HUD has              estate and a substantial fraction of PHAs are          FOR FURTHER INFORMATION CONTACT:   If
                                                    taken, or is committed to taking, several               characterized as small. If there were                  you have questions about this proposed
                                                    measures in implementing Small Area FMRs                disproportionate effects on small entities,            rulemaking, call or email LCDR Krissy
                                                    designed to facilitate transition to this               then a more detailed regulatory flexibility            Marlin, Sector Lower Mississippi River
                                                    approach and minimize costs and burdens.                analysis would be merited. However, after an           Waterways Management Division, U.S.
                                                    Specifically, HUD is pursuing the following             in-depth discussion of the industry structure
                                                    strategies to mitigate adverse impacts:                 and impact of the rule, HUD cannot conclude
                                                                                                                                                                   Coast Guard; telephone (901) 521–4725,
                                                       • Publish Small Area FMRs grouped by                 that there is a significant and                        email Krissy.a.Marlin@uscg.mil.
                                                    overlapping potential payment standards.                disproportionate impact on small entities. It          SUPPLEMENTARY INFORMATION:



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                                                                            Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Proposed Rules                                           39235

                                                    I. Table of Abbreviations                               necessary, to select regulatory                        we want to assist small entities in
                                                    CFR Code of Federal Regulations
                                                                                                            approaches that maximize net benefits.                 understanding this proposed rule. If the
                                                    DHS Department of Homeland Security                     Executive Order 13563 emphasizes the                   rule would affect your small business,
                                                    FR Federal Register                                     importance of quantifying both costs                   organization, or governmental
                                                    NPRM Notice of proposed rulemaking                      and benefits, of reducing costs, of                    jurisdiction and you have questions
                                                    § Section                                               harmonizing rules, and of promoting                    concerning its provisions or options for
                                                    U.S.C. United States Code                               flexibility. This NPRM has not been                    compliance, please contact the person
                                                                                                            designated a ‘‘significant regulatory                  listed in the FOR FURTHER INFORMATION
                                                    II. Background, Purpose, and Legal
                                                                                                            action,’’ under Executive Order 12866.                 CONTACT section. The Coast Guard will
                                                    Basis
                                                                                                            Accordingly, the NPRM has not been                     not retaliate against small entities that
                                                       The second annual Liberty Fest is                    reviewed by the Office of Management                   question or complain about this
                                                    planned to take place on the Verdigris                  and Budget.                                            proposed rule or any policy or action of
                                                    River on July 4th or the first or second                   This regulatory action determination                the Coast Guard.
                                                    weekend before the holiday and is                       is based on the time, location and
                                                    anticipated to continue annually. The                   duration of the safety zone. Vessel                    C. Collection of Information
                                                    Coast Guard established a safety zone                   traffic would be restricted from entering,               This proposed rule would not call for
                                                    for the Liberty Fest fireworks display in               transiting, or anchoring within a small                a new collection of information under
                                                    2015 through a temporary final                          portion of the Verdigris River for                     the Paperwork Reduction Act of 1995
                                                    rulemaking. For this year and                           approximately 30–45 minutes during                     (44 U.S.C. 3501–3520).
                                                    subsequent years, we propose to                         the evening, when vessel transits are
                                                    establish the safety zone as a permanent                less frequent, on one day on July 4th or               D. Federalism and Indian Tribal
                                                    annually recurring regulation to                        the first or second weekend before the                 Governments
                                                    safeguard against the hazards associated                holiday. Vessels may request permission                   A rule has implications for federalism
                                                    with a fireworks display on the                         from the COTP to deviate from the                      under Executive Order 13132,
                                                    Verdigris River, near Catoosa,                          restriction and transit through the safety             Federalism, if it has a substantial direct
                                                    Oklahoma.                                               zone and notifications to the marine                   effect on the States, on the relationship
                                                       The Coast Guard proposes this                        community would be made through                        between the national government and
                                                    rulemaking under authority in 33 U.S.C.                 local notice to mariners (LNM) and                     the States, or on the distribution of
                                                    1231. The purpose of this proposed                      broadcast notice to mariners (BNM).                    power and responsibilities among the
                                                    safety zone is to protect both spectators               Therefore, those operating on the                      various levels of government. We have
                                                    and participants from the hazards                       waterway would be able to plan                         analyzed this proposed rule under that
                                                    associated with a fireworks display on                  operations around the proposed safety                  order and have determined that it is
                                                    or over the waterway.                                   zone and its enforcement times.                        consistent with the fundamental
                                                    III. Discussion of Proposed Rule                        B. Impact on Small Entities                            federalism principles and preemption
                                                                                                               The Regulatory Flexibility Act of                   requirements described in Executive
                                                       The COTP Lower Mississippi River
                                                                                                            1980, 5 U.S.C. 601–612, as amended,                    Order 13132.
                                                    proposes to establish a safety zone for
                                                    approximately 30–45 minutes occurring                   requires Federal agencies to consider                     Also, this proposed rule does not have
                                                    between 9:00 p.m. and 11:00 p.m. on                     the potential impact of regulations on                 tribal implications under Executive
                                                    one day during July 4th or the first or                 small entities during rulemaking. The                  Order 13175, Consultation and
                                                    second weekend before the holiday,                      term ‘‘small entities’’ comprises small                Coordination with Indian Tribal
                                                    occurring annually. The proposed safety                 businesses, not-for-profit organizations               Governments, because it would not have
                                                    zone would encompass all waters of the                  that are independently owned and                       a substantial direct effect on one or
                                                    Verdigris River from Mile Marker (MM)                   operated and are not dominant in their                 more Indian tribes, on the relationship
                                                    444.5 to (MM) 443.5 and would cover                     fields, and governmental jurisdictions                 between the Federal Government and
                                                    the time period necessary to ensure                     with populations of less than 50,000.                  Indian tribes, or on the distribution of
                                                    safety on the waterway before, during,                  The Coast Guard certifies under 5 U.S.C.               power and responsibilities between the
                                                    and after the display. No vessel or                     605(b) that this proposed rule would not               Federal Government and Indian tribes.
                                                    person would be permitted to enter the                  have a significant economic impact on                  If you believe this proposed rule has
                                                    safety zone without obtaining                           a substantial number of small entities.                implications for federalism or Indian
                                                    permission from the COTP or a                              While some owners or operators of                   tribes, please contact the person listed
                                                    designated representative. The                          vessels intending to transit the safety                in the FOR FURTHER INFORMATION
                                                    regulatory text we are proposing appears                zone may be small entities, for the                    CONTACT section above.
                                                    at the end of this document.                            reasons stated in section IV.A above this              E. Unfunded Mandates Reform Act
                                                                                                            proposed rule would not have a
                                                    IV. Regulatory Analyses                                 significant economic impact on any                        The Unfunded Mandates Reform Act
                                                      We developed this proposed rule after                 vessel owner or operator.                              of 1995 (2 U.S.C. 1531–1538) requires
                                                    considering numerous statutes and                          If you think that your business,                    Federal agencies to assess the effects of
                                                    Executive orders related to rulemaking.                 organization, or governmental                          their discretionary regulatory actions. In
                                                    Below we summarize our analyses                         jurisdiction qualifies as a small entity               particular, the Act addresses actions
                                                    based on a number of these statutes and                 and that this rule would have a                        that may result in the expenditure by a
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    Executive orders, and we discuss First                  significant economic impact on it,                     State, local, or tribal government, in the
                                                    Amendment rights of protestors.                         please submit a comment (see                           aggregate, or by the private sector of
                                                                                                            ADDRESSES) explaining why you think it                 $100,000,000 (adjusted for inflation) or
                                                    A. Regulatory Planning and Review                       qualifies and how and to what degree                   more in any one year. Though this
                                                       Executive Orders 12866 and 13563                     this rule would economically affect it.                proposed rule would not result in such
                                                    direct agencies to assess the costs and                    Under section 213(a) of the Small                   an expenditure, we do discuss the
                                                    benefits of available regulatory                        Business Regulatory Enforcement                        effects of this rule elsewhere in this
                                                    alternatives and, if regulation is                      Fairness Act of 1996 (Pub. L. 104–121),                preamble.


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                                                    39236                    Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Proposed Rules

                                                    F. Environment                                          INFORMATION CONTACT    section to                      2005, issue of the Federal Register (70
                                                                                                            coordinate protest activities so that your             FR 15086).
                                                       We have analyzed this proposed rule
                                                                                                            message can be received without                          Documents mentioned in this NPRM
                                                    under Department of Homeland
                                                                                                            jeopardizing the safety or security of                 as being available in the docket, and all
                                                    Security Management Directive 023–01
                                                                                                            people, places, or vessels.                            public comments, will be in our online
                                                    and Commandant Instruction
                                                                                                                                                                   docket at http://www.regulations.gov
                                                    M16475.lD, which guide the Coast                        V. Public Participation and Request for
                                                                                                                                                                   and can be viewed by following that
                                                    Guard in complying with the National                    Comments
                                                                                                                                                                   Web site’s instructions. Additionally, if
                                                    Environmental Policy Act of 1969 (42
                                                                                                               We view public participation as                     you go to the online docket and sign up
                                                    U.S.C. 4321–4370f), and have made a
                                                                                                            essential to effective rulemaking, and                 for email alerts, you will be notified
                                                    preliminary determination that this
                                                                                                            will consider all comments and material                when comments are posted or a final
                                                    action is one of a category of actions that
                                                                                                            received during the comment period.                    rule is published.
                                                    do not individually or cumulatively
                                                    have a significant effect on the human                  Your comment can help shape the                        List of Subjects in 33 CFR Part 165
                                                    environment. This proposed rule                         outcome of this rulemaking. If you
                                                                                                            submit a comment, please include the                     Marine safety, Navigation (water),
                                                    involves establishing a temporary safety                                                                       Reporting and recordkeeping
                                                    zone for approximately 30–45 minutes                    docket number for this rulemaking,
                                                                                                            indicate the specific section of this                  requirements, Waterways.
                                                    during the evening on one day on July
                                                    4th or the first or second weekend                      document to which each comment                           For the reasons discussed in the
                                                    before each year on the Verdigris River                 applies, and provide a reason for each                 preamble, the Coast Guard proposes to
                                                    from (MM) 444.5 to (MM) 443.5.                          suggestion or recommendation.                          amend 33 CFR part 165 as follows:
                                                    Normally such actions are categorically                    We encourage you to submit
                                                                                                            comments through the Federal                           PART 165—REGULATED NAVIGATION
                                                    excluded from further review under                                                                             AREAS AND LIMITED ACCESS AREAS
                                                    paragraph 34(g) of Figure 2–1 of                        eRulemaking Portal at http://
                                                    Commandant Instruction M16475.lD. A                     www.regulations.gov. If your material                  ■ 1. The authority citation for part 165
                                                    preliminary environmental analysis                      cannot be submitted using http://                      continues to read as follows:
                                                    checklist and Categorical Exclusion                     www.regulations.gov, contact the person
                                                                                                            in the FOR FURTHER INFORMATION                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                                    Determination are available in the                                                                             195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                    docket where indicated under                            CONTACT section of this document for
                                                                                                                                                                   Department of Homeland Security Delegation
                                                    ADDRESSES. We seek any comments or                      alternate instructions.                                No. 0170.1
                                                    information that may lead to the                           We accept anonymous comments. All                   ■ 2. In § 165.801, amend table 6, as
                                                    discovery of a significant environmental                comments received will be posted                       proposed to be amended at 81 FR 17635
                                                    impact from this proposed rule.                         without change to http://                              on March 30, 2016, by adding an entry
                                                                                                            www.regulations.gov and will include                   for line 14 to read as follows:
                                                    G. Protest Activities
                                                                                                            any personal information you have
                                                      The Coast Guard respects the First                    provided. For more about privacy and                   § 165.801 Annual fireworks displays and
                                                    Amendment rights of protesters.                         the docket, you may review a Privacy                   other events in the Eighth Coast Guard
                                                    Protesters are asked to contact the                     Act notice regarding the Federal Docket                District requiring safety zones.
                                                    person listed in the FOR FURTHER                        Management System in the March 24,                     *       *    *    *     *

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


                                                              *                   *                           *                          *                   *                   *                  *
                                                    14. July 4th or the first or second weekend            LibertyFest .................. Verdigris River,         Regulated Area: Verdigris River mile marker
                                                      before.                                                                               Catoosa, OK.             444.5 to 443.5, Catoosa, OK.



                                                    *      *     *       *      *                           ENVIRONMENTAL PROTECTION                               Management District (YSAQMD) and
                                                       Dated: June 9, 2016.                                 AGENCY                                                 Eastern Kern Air Pollution Control
                                                                                                                                                                   District (EKAPCD) portions of the
                                                    J.L. Adams,                                             40 CFR Part 52                                         California State Implementation Plan
                                                    Lieutenant Commander, U.S. Coast Guard,                                                                        (SIP). These revisions concern,
                                                    Acting Captain of the Port, Memphis,                    [EPA–R09–OAR–2016–0124; FRL–9946–37–
                                                                                                            Region 9]                                              respectively, the definition of volatile
                                                    Tennessee.                                                                                                     organic compounds (VOCs), and
                                                    [FR Doc. 2016–14034 Filed 6–15–16; 8:45 am]             Approval of California Air Plan                        emissions of VOCs from the surface
                                                    BILLING CODE 9110–04–P                                  Revisions, Eastern Kern Air Pollution                  coating operations of wood products.
                                                                                                            Control District and Yolo-Solano Air                   We are approving local rules that
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                            Quality Management District                            regulate these emission sources under
                                                                                                                                                                   the Clean Air Act (CAA or the Act).
                                                                                                            AGENCY:  Environmental Protection
                                                                                                            Agency (EPA).                                          DATES: Any comments on this proposal
                                                                                                                                                                   must arrive by July 18, 2016.
                                                                                                            ACTION: Proposed rule.
                                                                                                                                                                   ADDRESSES: Submit your comments,
                                                                                                            SUMMARY:   The Environmental Protection                identified by Docket ID No. EPA–R09–
                                                                                                            Agency (EPA) is proposing to approve                   OAR–2016–0124 at http://
                                                                                                            revisions to the Yolo-Solano Air Quality               www.regulations.gov, or email to


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Document Created: 2016-06-16 00:37:43
Document Modified: 2016-06-16 00:37:43
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 LCDR Krissy Marlin, Sector Lower Mississippi River Waterways Management Division, U.S. Coast Guard; telephone (901) 521-4725, email [email protected]
FR Citation81 FR 39234 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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