81_FR_43616 81 FR 43488 - Special Local Regulation; Cumberland River, Mile 190.0 to 191.5; Nashville, TN

81 FR 43488 - Special Local Regulation; Cumberland River, Mile 190.0 to 191.5; Nashville, TN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 128 (July 5, 2016)

Page Range43488-43490
FR Document2016-15741

The Coast Guard is establishing a special local regulation for all waters of the Cumberland River beginning at mile marker 190.0 and ending at mile marker 191.5 from 9 a.m. until noon on July 30, 2016. This special regulation is necessary to provide safety for the participants in the ``Music City SUP Race'' marine event. This rulemaking prohibits persons and vessels from being in the special local regulated area unless authorized by the Captain of the Port Ohio Valley or a designated representative.

Federal Register, Volume 81 Issue 128 (Tuesday, July 5, 2016)
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Pages 43488-43490]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15741]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0169]
RIN 1625-AA08


Special Local Regulation; Cumberland River, Mile 190.0 to 191.5; 
Nashville, TN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation for 
all waters of the Cumberland River beginning at mile marker 190.0 and 
ending at mile marker 191.5 from 9 a.m. until noon on July 30, 2016. 
This special regulation is necessary to provide safety for the 
participants in the ``Music City SUP Race'' marine event. This 
rulemaking prohibits persons and vessels from being in the special 
local regulated area unless authorized by the Captain of the Port Ohio 
Valley or a designated representative.

DATES: This rule is effective from 9 a.m. until noon on July 30, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0169 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, 
at 615-736-5421 or at [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On January 28, 2016, the Nashville Paddle Company notified the 
Coast Guard that it will be conducting a rowing race from 9 a.m. to 
noon on July 30, 2016. The event will consist of at least 75 
participants on various sized stand up paddle boards and kayaks on the 
Cumberland River. The Captain of the Port Ohio Valley (COTP) determined 
that additional safety measures are necessary to protect participants, 
spectators, and waterway users during this event. In response, on June 
10, 2016, the Coast Guard published a notice of proposed rulemaking 
(NPRM) Special Local Regulation; Cumberland River, Mile 190.0 to 191.5; 
Nashville, TN (81 FR 37562).
    There we stated why we issued the NPRM, and invited comments on our 
proposed regulatory action related to this marine event. During the 
comment period that ended June 27, 2016 we received no comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Ohio Valley (COTP) has determined that 
potential hazards associated with the marine event in this July 30, 
2016, event will be a safety concern for the participants of the event. 
The purpose of this rule is to ensure safety of vessels and 
participants and the navigable waters in the special local regulation 
area before, during, and after the scheduled event.

[[Page 43489]]

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published May 
15, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM other than providing the final 
enforcement times and date.
    This rule establishes a special local regulation for all waters of 
the Cumberland River beginning at mile marker 190.0 and ending at mile 
marker 191.5 from 9 a.m. until noon on July 30, 2016. The duration of 
the regulated area is intended to ensure the safety of vessels and 
participants and these navigable waters before, during, and after the 
scheduled 9 a.m. to noon marine event. No vessel or person will be 
permitted to enter the regulated area without obtaining permission from 
the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
This rule restricts transit on the Cumberland River from mile 190.0 to 
191.5, for a short duration of 3 hours on one day; Broadcast Notice to 
Mariners and Local Notices to Mariners will also inform the community 
of this special local regulation so that they may plan accordingly for 
this short restriction on transit. Vessel traffic may request 
permission from the COTP Ohio Valley or a designated representative to 
enter the restricted area.

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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
special local regulated area may be small entities, for the reasons 
stated in section V.A above, this rule will not have a significant 
economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969(42 U.S.C. 4321-4370f), and have determined that this 
action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulated area lasting 3 hours that will 
prohibit entry within the regulated area. It is categorically excluded 
from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES.

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

[[Page 43490]]

coordinate protest activities so that your message can be received 
without jeopardizing the safety or security of people, places or 
vessels.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  33 U.S.C. 1233.

0
2. Add Sec.  100.35T08-0169 to read as follows:

Sec.  100.35T08-0169  Special Local Regulation; Cumberland River Mile 
190.0 to Mile 191.5; Nashville, TN.

    (a) Location. All waters of the Cumberland River beginning at mile 
marker 190.0 and ending at mile marker 191.5 at Nashville, TN.
    (b) Enforcement period. This special local regulation will be 
enforced from 9 a.m. until noon on July 30, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.801 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port Ohio Valley or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the Captain of the Port Ohio Valley 
or a designated representative. U. S. Coast Guard Sector Ohio Valley 
may be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: June 28, 2016.
R. V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-15741 Filed 7-1-16; 8:45 am]
 BILLING CODE 9110-04-P



                                              43488                Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations

                                                 (6) You may view this service information             List of Subjects in 26 CFR Part 301                    regulated area unless authorized by the
                                              at the FAA, Transport Airplane Directorate,                                                                     Captain of the Port Ohio Valley or a
                                              1601 Lind Avenue SW., Renton, WA. For                      Employment taxes, Estate taxes,
                                                                                                       Excise taxes, Gift taxes, Income taxes,                designated representative.
                                              information on the availability of this
                                              material at the FAA, call 425–227–1221.                  Penalties, Reporting and recordkeeping                 DATES: This rule is effective from 9 a.m.
                                                 (7) You may view this service information             requirements.                                          until noon on July 30, 2016.
                                              that is incorporated by reference at the                                                                        ADDRESSES: To view documents
                                              National Archives and Records                            Correction of Publication
                                                                                                                                                              mentioned in this preamble as being
                                              Administration (NARA). For information on                  Accordingly, 26 CFR part 301 is                      available in the docket, go to http://
                                              the availability of this material at NARA, call          corrected by making the following
                                              202–741–6030, or go to http://
                                                                                                                                                              www.regulations.gov, type USCG–2016–
                                                                                                       correcting amendment:                                  0169 in the ‘‘SEARCH’’ box and click
                                              www.archives.gov/federal-register/cfr/ibr-
                                              locations.html.                                                                                                 ‘‘SEARCH.’’ Click on Open Docket
                                                                                                       PART 301—PROCEDURE AND                                 Folder on the line associated with this
                                                Issued in Renton, Washington, on June 21,              ADMINISTRATION
                                              2016.
                                                                                                                                                              rule.
                                              Dorr Anderson,                                           ■ Paragraph 1. The authority citation                  FOR FURTHER INFORMATION CONTACT: If
                                              Acting Manager, Transport Airplane                       for part 301 continues to read in part as              you have questions on this rule, call or
                                              Directorate, Aircraft Certification Service.             follows:                                               email Petty Officer Ashley Schad, MSD
                                              [FR Doc. 2016–15291 Filed 7–1–16; 8:45 am]
                                                                                                                                                              Nashville, Nashville, TN, at 615–736–
                                                                                                            Authority: 26 U.S.C. 7805 * * *
                                                                                                                                                              5421 or at Ashley.M.Schad@uscg.mil.
                                              BILLING CODE 4910–13–P
                                                                                                       ■ Par. 2. Section 301.7701–2T is                       SUPPLEMENTARY INFORMATION:
                                                                                                       amended by revising paragraph (e)(8)(ii)
                                                                                                       to read as follows:                                    I. Table of Abbreviations
                                              DEPARTMENT OF THE TREASURY                                                                                      CFR Code of Federal Regulations
                                                                                                       § 301.7701–2T Business entities;
                                                                                                       definitions (temporary).                               DHS Department of Homeland Security
                                              Internal Revenue Service                                                                                        FR Federal Register
                                                                                                       *      *    *     *    *                               NPRM Notice of proposed rulemaking
                                              26 CFR Part 301                                            (e) * * *                                            § Section
                                                                                                         (8) * * *                                            U.S.C. United States Code
                                              [TD 9766]                                                  (ii) Expiration date. The applicability
                                                                                                                                                              II. Background Information and
                                                                                                       of paragraph (c)(2)(iv)(C)(2) of this
                                                                                                                                                              Regulatory History
                                              RIN 1545–BM87                                            section expires on or before May 3,
                                                                                                       2019, or such earlier date as may be                     On January 28, 2016, the Nashville
                                              Self-Employment Tax Treatment of                         determined under amendments to the                     Paddle Company notified the Coast
                                              Partners in a Partnership That Owns a                    regulations issued after May 3, 2016.                  Guard that it will be conducting a
                                              Disregarded Entity; Correction                                                                                  rowing race from 9 a.m. to noon on July
                                                                                                       Martin V. Franks,
                                              AGENCY:  Internal Revenue Service (IRS),                                                                        30, 2016. The event will consist of at
                                                                                                       Chief, Publications and Regulations Branch,            least 75 participants on various sized
                                              Treasury.                                                Legal Processing Division, Associate Chief
                                                                                                                                                              stand up paddle boards and kayaks on
                                              ACTION: Final and temporary                              Counsel (Procedure and Administration).
                                                                                                                                                              the Cumberland River. The Captain of
                                              regulations; correcting amendment.                       [FR Doc. 2016–15739 Filed 7–1–16; 8:45 am]
                                                                                                                                                              the Port Ohio Valley (COTP) determined
                                                                                                       BILLING CODE 4830–01–P
                                              SUMMARY:  This document contains a                                                                              that additional safety measures are
                                              correction to final and temporary                                                                               necessary to protect participants,
                                              regulations (TD 9766) that were                                                                                 spectators, and waterway users during
                                                                                                       DEPARTMENT OF HOMELAND                                 this event. In response, on June 10,
                                              published in the Federal Register on
                                                                                                       SECURITY                                               2016, the Coast Guard published a
                                              May 4, 2016 (81 FR 26693). The final
                                              and temporary regulations clarify the                                                                           notice of proposed rulemaking (NPRM)
                                                                                                       Coast Guard                                            Special Local Regulation; Cumberland
                                              employment tax treatment of partners in
                                              a partnership that owns a disregarded                                                                           River, Mile 190.0 to 191.5; Nashville,
                                                                                                       33 CFR Part 100                                        TN (81 FR 37562).
                                              entity.
                                                                                                       [Docket Number USCG–2016–0169]                           There we stated why we issued the
                                              DATES:  This correction is effective on                                                                         NPRM, and invited comments on our
                                              July 5, 2016 and applicable on May 4,                    RIN 1625–AA08
                                                                                                                                                              proposed regulatory action related to
                                              2016.                                                                                                           this marine event. During the comment
                                                                                                       Special Local Regulation; Cumberland
                                              FOR FURTHER INFORMATION CONTACT:                                                                                period that ended June 27, 2016 we
                                                                                                       River, Mile 190.0 to 191.5; Nashville, TN
                                              Andrew Holubeck at (202) 317–4774                                                                               received no comments.
                                              (not a toll free number).                                AGENCY:     Coast Guard, DHS.
                                                                                                                                                              III. Legal Authority and Need for Rule
                                              SUPPLEMENTARY INFORMATION:                               ACTION:    Temporary final rule.
                                                                                                                                                                The Coast Guard is issuing this rule
                                              Background                                               SUMMARY:   The Coast Guard is                          under authority in 33 U.S.C. 1233. The
                                                The final and temporary regulations                    establishing a special local regulation                Captain of the Port Ohio Valley (COTP)
                                              (TD 9766) that are the subject of this                   for all waters of the Cumberland River                 has determined that potential hazards
                                              correction are under section 7701 of the                 beginning at mile marker 190.0 and                     associated with the marine event in this
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                                              Internal Revenue Code.                                   ending at mile marker 191.5 from 9 a.m.                July 30, 2016, event will be a safety
                                                                                                       until noon on July 30, 2016. This special              concern for the participants of the event.
                                              Need for Correction                                      regulation is necessary to provide safety              The purpose of this rule is to ensure
                                                As published, the final and temporary                  for the participants in the ‘‘Music City               safety of vessels and participants and
                                              regulations (TD 9766) contains an error                  SUP Race’’ marine event. This                          the navigable waters in the special local
                                              that may prove to be misleading and is                   rulemaking prohibits persons and                       regulation area before, during, and after
                                              in need of clarification.                                vessels from being in the special local                the scheduled event.


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                                                                   Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations                                         43489

                                              IV. Discussion of Comments, Changes,                     requires Federal agencies to consider                 various levels of government. We have
                                              and the Rule                                             the potential impact of regulations on                analyzed this rule under that Order and
                                                 As noted above, we received no                        small entities during rulemaking. The                 have determined that it is consistent
                                              comments on our NPRM published May                       term ‘‘small entities’’ comprises small               with the fundamental federalism
                                              15, 2016. There are no changes in the                    businesses, not-for-profit organizations              principles and preemption requirements
                                              regulatory text of this rule from the                    that are independently owned and                      described in Executive Order 13132.
                                              proposed rule in the NPRM other than                     operated and are not dominant in their                   Also, this rule does not have tribal
                                              providing the final enforcement times                    fields, and governmental jurisdictions                implications under Executive Order
                                              and date.                                                with populations of less than 50,000.                 13175, Consultation and Coordination
                                                 This rule establishes a special local                 The Coast Guard received no comments                  with Indian Tribal Governments,
                                              regulation for all waters of the                         from the Small Business Administration                because it does not have a substantial
                                              Cumberland River beginning at mile                       on this rulemaking. The Coast Guard                   direct effect on one or more Indian
                                              marker 190.0 and ending at mile marker                   certifies under 5 U.S.C. 605(b) that this             tribes, on the relationship between the
                                              191.5 from 9 a.m. until noon on July 30,                 rule will not have a significant                      Federal Government and Indian tribes,
                                              2016. The duration of the regulated area                 economic impact on a substantial                      or on the distribution of power and
                                              is intended to ensure the safety of                      number of small entities.                             responsibilities between the Federal
                                              vessels and participants and these                          While some owners or operators of                  Government and Indian tribes. If you
                                              navigable waters before, during, and                     vessels intending to transit the special              believe this rule has implications for
                                              after the scheduled 9 a.m. to noon                       local regulated area may be small                     federalism or Indian tribes, please
                                              marine event. No vessel or person will                   entities, for the reasons stated in section           contact the person listed in the FOR
                                              be permitted to enter the regulated area                 V.A above, this rule will not have a                  FURTHER INFORMATION CONTACT section.
                                              without obtaining permission from the                    significant economic impact on any
                                                                                                                                                             E. Unfunded Mandates Reform Act
                                              COTP or a designated representative.                     vessel owner or operator.
                                                                                                          Under section 213(a) of the Small                    The Unfunded Mandates Reform Act
                                              V. Regulatory Analyses                                   Business Regulatory Enforcement                       of 1995 (2 U.S.C. 1531–1538) requires
                                                We developed this rule after                           Fairness Act of 1996 (Pub. L. 104–121),               Federal agencies to assess the effects of
                                              considering numerous statutes and                        we want to assist small entities in                   their discretionary regulatory actions. In
                                              Executive orders related to rulemaking.                  understanding this rule. If the rule                  particular, the Act addresses actions
                                              Below we summarize our analyses                          would affect your small business,                     that may result in the expenditure by a
                                              based on a number of these statutes and                  organization, or governmental                         State, local, or tribal government, in the
                                              Executive orders, and we discuss First                   jurisdiction and you have questions                   aggregate, or by the private sector of
                                              Amendment rights of protestors.                          concerning its provisions or options for              $100,000,000 (adjusted for inflation) or
                                                                                                       compliance, please contact the person                 more in any one year. Though this rule
                                              A. Regulatory Planning and Review                        listed in the FOR FURTHER INFORMATION                 will not result in such an expenditure,
                                                 Executive Orders 12866 and 13563                      CONTACT section.                                      we do discuss the effects of this rule
                                              direct agencies to assess the costs and                     Small businesses may send comments                 elsewhere in this preamble.
                                              benefits of available regulatory                         on the actions of Federal employees
                                                                                                                                                             F. Environment
                                              alternatives and, if regulation is                       who enforce, or otherwise determine
                                              necessary, to select regulatory                          compliance with, Federal regulations to                 We have analyzed this rule under
                                              approaches that maximize net benefits.                   the Small Business and Agriculture                    Department of Homeland Security
                                              Executive Order 13563 emphasizes the                     Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                              importance of quantifying both costs                     and the Regional Small Business                       Commandant Instruction M16475.lD,
                                              and benefits, of reducing costs, of                      Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                              harmonizing rules, and of promoting                      Ombudsman evaluates these actions                     complying with the National
                                              flexibility. This rule has not been                      annually and rates each agency’s                      Environmental Policy Act of 1969(42
                                              designated a ‘‘significant regulatory                    responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                              action,’’ under Executive Order 12866.                   wish to comment on actions by                         determined that this action is one of a
                                              Accordingly, it has not been reviewed                    employees of the Coast Guard, call 1–                 category of actions that do not
                                              by the Office of Management and                          888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                              Budget.                                                  Coast Guard will not retaliate against                significant effect on the human
                                                 This regulatory action determination                  small entities that question or complain              environment. This rule involves a
                                              is based on the size, location, duration,                about this rule or any policy or action               special local regulated area lasting 3
                                              and time-of-day of the special local                     of the Coast Guard.                                   hours that will prohibit entry within the
                                              regulation. This rule restricts transit on                                                                     regulated area. It is categorically
                                              the Cumberland River from mile 190.0                     C. Collection of Information                          excluded from further review under
                                              to 191.5, for a short duration of 3 hours                  This rule will not call for a new                   paragraph 34(h) of Figure 2–1 of the
                                              on one day; Broadcast Notice to                          collection of information under the                   Commandant Instruction. An
                                              Mariners and Local Notices to Mariners                   Paperwork Reduction Act of 1995 (44                   environmental analysis checklist
                                              will also inform the community of this                   U.S.C. 3501–3520).                                    supporting this determination and a
                                              special local regulation so that they may                                                                      Categorical Exclusion Determination are
                                                                                                       D. Federalism and Indian Tribal
                                              plan accordingly for this short                                                                                available in the docket where indicated
                                                                                                       Governments
                                              restriction on transit. Vessel traffic may                                                                     under ADDRESSES.
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                                              request permission from the COTP Ohio                       A rule has implications for federalism
                                                                                                       under Executive Order 13132,                          G. Protest Activities
                                              Valley or a designated representative to
                                              enter the restricted area.                               Federalism, if it has a substantial direct              The Coast Guard respects the First
                                                                                                       effect on the States, on the relationship             Amendment rights of protesters.
                                              B. Impact on Small Entities                              between the national government and                   Protesters are asked to contact the
                                                The Regulatory Flexibility Act of                      the States, or on the distribution of                 person listed in the FOR FURTHER
                                              1980, 5 U.S.C. 601–612, as amended,                      power and responsibilities among the                  INFORMATION CONTACT section to



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                                              43490                Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules and Regulations

                                              coordinate protest activities so that your               ACTION:   Direct final rule.                          documents in the docket are listed in
                                              message can be received without                                                                                the index, some information may be
                                              jeopardizing the safety or security of                   SUMMARY:   The Environmental Protection               publicly available only at the hard copy
                                              people, places or vessels.                               Agency (EPA) is proposing to approve a                location (e.g., copyrighted material), and
                                                                                                       revision to the State Implementation                  some may not be publicly available at
                                              List of Subjects in 33 CFR Part 100                      Plan (SIP) submitted by the Louisiana                 either location (e.g., CBI).
                                                Marine safety, Navigation (water),                     Department of Environmental Quality                   FOR FURTHER INFORMATION CONTACT: Ms.
                                              Reporting and recordkeeping                              (LDEQ) to address the emissions                       Nevine Salem, 214–665–7222,
                                              requirements, and Waterways.                             inventory (EI) requirement for the Baton              salem.nevine@epa.gov. To inspect the
                                                For the reasons discussed in the                       Rouge ozone nonattainment area                        hard copy materials, please schedule an
                                              preamble, the Coast Guard amends 33                      (BRNA) for the 2008 8-hour ozone                      appointment with Ms. Salem or Mr. Bill
                                              CFR part 100 as follows:                                 National Ambient Air Quality Standards                Deese at 214–665–7253.
                                                                                                       (NAAQS). The Clean Air Act (CAA)
                                                                                                                                                             SUPPLEMENTARY INFORMATION:
                                              PART 100—SAFETY OF LIFE ON                               requires an EI for all ozone                          Throughout this document wherever
                                              NAVIGABLE WATERWAYS                                      nonattainment areas. The inventory                    ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                                                                       includes emission data for Nitrogen                   the EPA.
                                              ■ 1. The authority citation for part 100                 Oxides (NOX) and Volatile Organic
                                              continues to read as follows:                            Compounds (VOCs). EPA is approving                    I. Background
                                                  Authority: 33 U.S.C. 1233.                           the revisions pursuant to section 110                 A. The 2008 Ozone National Ambient
                                              ■ 2. Add § 100.35T08–0169 to read as                     and part D of the CAA and EPA’s                       Air Quality Standards (NAAQS) and
                                              follows:                                                 regulations.                                          Emissions Inventory Requirements
                                                                                                       DATES:  This rule is effective on                       On March 12, 2008 EPA revised the
                                              § 100.35T08–0169 Special Local                           September 6, 2016 without further
                                              Regulation; Cumberland River Mile 190.0 to                                                                     eight-hour ozone NAAQS from 0.08 part
                                              Mile 191.5; Nashville, TN.
                                                                                                       notice, unless the EPA receives relevant              per million (ppm) to 0.075 ppm. (73 FR
                                                                                                       adverse comment by August 4, 2016. If                 16436, March 27, 2008). In 2012, EPA
                                                (a) Location. All waters of the
                                                                                                       the EPA receives such comment, the                    designated nonattainment areas for the
                                              Cumberland River beginning at mile
                                                                                                       EPA will publish a timely withdrawal in               2008 ozone NAAQS (2008 ozone
                                              marker 190.0 and ending at mile marker
                                                                                                       the Federal Register informing the                    nonattainment areas) (77 FR 30088, May
                                              191.5 at Nashville, TN.
                                                (b) Enforcement period. This special                   public that this rule will not take effect.           21, 2012).1 The Baton Rouge area was
                                              local regulation will be enforced from 9                 ADDRESSES: Submit your comments,                      designated as nonattainment areas for
                                              a.m. until noon on July 30, 2016.                        identified by Docket No. EPA–R06–                     the 2008 ozone NAAQS. The BRNA
                                                (c) Regulations. (1) In accordance with                OAR–2016–0278, at http://                             consists of five parishes: Ascension,
                                              the general regulations in § 100.801 of                  www.regulations.gov or via email to                   East Baton Rouge, Iberville, Livingston,
                                              this part, entry into this area is                       salem.nevine@epa.gov. Follow the                      and West Baton Rouge.
                                              prohibited unless authorized by the                      online instructions for submitting                      CAA sections 172(c)(3) and 182(a)(1),
                                              Captain of the Port Ohio Valley or a                     comments. Once submitted, comments                    require states to develop and submit, as
                                              designated representative.                               cannot be edited or removed from                      a SIP revision, an EI for all areas
                                                (2) Persons or vessels requiring entry                 Regulations.gov. The EPA may publish                  designated as nonattainment for the
                                              into or passage through the area must                    any comment received to its public                    ozone NAAQS. An EI is an estimation
                                              request permission from the Captain of                   docket. Do not submit electronically any              of actual emissions of air pollutants in
                                              the Port Ohio Valley or a designated                     information you consider to be                        an area. Ground-level ozone, O3, is a gas
                                              representative. U. S. Coast Guard Sector                 Confidential Business Information (CBI)               that is formed by the reaction of volatile
                                              Ohio Valley may be contacted on VHF                      or other information whose disclosure is              organic compounds (VOCs) and oxides
                                              Channel 13 or 16, or at 1–800–253–                       restricted by statute. Multimedia                     of nitrogen (NOX) in the atmosphere in
                                              7465.                                                    submissions (audio, video, etc.) must be              the presence of sunlight. (VOCs and
                                                Dated: June 28, 2016.                                  accompanied by a written comment.                     NOX are referred to as ozone
                                              R. V. Timme,                                             The written comment is considered the                 precursors). Therefore, an EI for ozone
                                                                                                       official comment and should include                   covers the emissions of VOC and NOX.
                                              Captain, U.S. Coast Guard, Captain of the
                                              Port Ohio Valley.                                        discussion of all points you wish to                  These precursor emissions are emitted
                                                                                                       make. The EPA will generally not                      by many types of pollution sources,
                                              [FR Doc. 2016–15741 Filed 7–1–16; 8:45 am]
                                                                                                       consider comments or comment                          including power plants and industrial
                                              BILLING CODE 9110–04–P
                                                                                                       contents located outside of the primary               emissions sources, on-road and off-road
                                                                                                       submission (i.e. on the web, cloud, or                motor vehicles and engines, smaller
                                                                                                       other file sharing system). For                       stationary sources, collectively referred
                                              ENVIRONMENTAL PROTECTION                                 additional submission methods, please                 to as nonpoint sources, and biogenic
                                              AGENCY                                                   contact Ms. Nevine Salem, 214–665–                    sources.2 The EI provides emissions
                                              40 CFR Part 52                                           7222, salem.nevine@epa.gov. For the                   data for a variety of air quality planning
                                                                                                       full EPA public comment policy,                       tasks including establishing baseline
                                              [EPA–R06–OAR–2016–0278 FRL–9948–60-                      information about CBI or multimedia
                                              Region 6]                                                submissions, and general guidance on                     1 On October 1, 2015, the EPA strengthened the

                                                                                                       making effective comments, please visit               ozone standard to 0.070 ppm (80 FR 65292, October
                                              Approval and Promulgation of                                                                                   26, 2015). The EPA has not made area designations
sradovich on DSK3GDR082PROD with RULES




                                                                                                       http://www2.epa.gov/dockets/                          under this new standard and the emissions
                                              Implementation Plans; Louisiana;
                                                                                                       commenting-epa-dockets.                               inventory under evaluation in this rulemaking does
                                              Baton Rouge Nonattainment Area;
                                                                                                          Docket: The index to the docket for                not address that standard.
                                              Base Year Emissions Inventory for the                                                                             2 Biogenic emissions are produced by living
                                                                                                       this action is available electronically at
                                              2008 8-Hour Ozone Standard                                                                                     organisms and are typically not included in the
                                                                                                       www.regulations.gov and in hard copy                  base year emission inventories, but are considered
                                              AGENCY: Environmental Protection                         at EPA Region 6, 1445 Ross Avenue,                    in ozone modeling analyses, which must consider
                                              Agency (EPA).                                            Suite 700, Dallas, Texas. While all                   all emissions in a modeled area.



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Document Created: 2016-07-01 23:50:01
Document Modified: 2016-07-01 23:50:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9 a.m. until noon on July 30, 2016.
ContactIf you have questions on this rule, call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, at 615-736-5421 or at [email protected]
FR Citation81 FR 43488 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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