81_FR_45549 81 FR 45414 - Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, PA

81 FR 45414 - Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, PA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 135 (July 14, 2016)

Page Range45414-45416
FR Document2016-16711

The Coast Guard is creating temporary safety zones around each tall ship visiting the Great Lakes during the Tall Ships Challenge 2016 race series. These safety zones will provide for the regulation of vessel traffic in the vicinity of each tall ship in the navigable waters of the United States. The Coast Guard is taking this action to safeguard participants and spectators from the hazards associated with the limited maneuverability of these tall ships and to ensure public safety during tall ships events.

Federal Register, Volume 81 Issue 135 (Thursday, July 14, 2016)
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45414-45416]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16711]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0267]
RIN 1625-AA00


Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport 
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, 
PA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is creating temporary safety zones around each 
tall ship visiting the Great Lakes during the Tall Ships Challenge 2016 
race series. These safety zones will provide for the regulation of 
vessel traffic in the vicinity of each tall ship in the navigable 
waters of the United States. The Coast Guard is taking this action to 
safeguard participants and spectators from the hazards associated with 
the limited maneuverability of these tall ships and to ensure public 
safety during tall ships events.

DATES: This rule is effective without actual notice from July 14, 2016 
through 12:01 a.m. on September 12, 2016. For the purposes of 
enforcement, actual notice will be used from 12:01 a.m. July 6, 2016 
through July 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0267 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 Mark Bobal, Ninth District Inspections and Investigations 
Branch, Passenger Vessel Safety Specialist, U.S. Coast Guard; telephone 
216-902-6052, email Mark.D.Bobal@uscg.mil.

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

    During the Tall Ships Challenge Great Lakes 2016, tall ships will 
be participating in parades and then mooring in the harbors of Fairport 
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, 
PA. This is a tri-annual event that teaches character building and 
leadership through sail training. The Tall Ships event seeks to educate 
the public about both the historical aspects of sailing ships as well 
as their current use as training vessels for students. Tall ships are 
large, traditionally-rigged sailing vessels. The event will consist of 
festivals at each port of call, sail training cruises, tall ship 
parades, and races between the ports. More information regarding the 
Tall Ships Challenge 2016 and the participating vessels can be found at 
http://www.sailtraining.org/tallships/2016greatlakes/TSC2016index.php
    The Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Safety Zone; Tall Ships Challenge Great Lakes 2016, Fairport 
Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Duluth, MN, Erie, 
PA (USCG-2016-0267, 81 FR 26767, May 4, 2016). There we stated why we 
issued the NPRM, and invited comments on our proposed regulatory action 
related. During the comment period that ended June 3, 2016, we received 
one comment.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Ninth District Commander has determined that potential 
hazards associated with tall ships operating in crowded harbors in 
close proximity to spectator craft necessitate a safety zone. The 
purpose of this rule is to ensure the safety of all vessels during the 
Tall Ship events.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comments on our NPRM published May 
4, 2016. The comment was directed at a rule pertaining to a fireworks 
show

[[Page 45415]]

during a university graduation and did not apply to this rule. There 
are no changes in the regulatory text of this rule from the proposed 
rule in the NPRM.
    This rule establishes a safety zone from 12:01 a.m. July 6, 2016, 
that is established around each Tall Ship participating in this event. 
The safety zone covers all navigable waters within 100 yards of a tall 
ship in the Great Lakes. The duration of the zone is intended to ensure 
the safety of vessels and these navigable waters during the 2016 Tall 
Ships Challenge. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. If the tall ships are operating in a confined area such 
as a small harbor and there is not adequate room for vessels to stay 
out of the safety zone because of a lack of navigable water, then 
vessels will be permitted to operate within the safety zone and shall 
travel at the minimum speed necessary to maintain a safe course. The 
navigation rules apply at all times within the safety zone. The safety 
zone terminates at 12:01 a.m. on September 12, 2016.

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 safety zone. Vessel traffic 
will be able to safely transit around this safety zone. Commercial 
traffic does not typically come within the boundaries of the safety 
zone, and would be permitted to pass through the safety zone in 
accordance with the rule. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone and the rule allows vessels to seek permission to enter the zone.

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 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

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

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that will prohibit vessels from passing 
within 100 yards of a tall ship without coming to a slow speed. 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

[[Page 45416]]

Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T09-0073 to read as follows:


Sec.  165.T09-0073  Safety Zone; Tall Ships Challenge Great Lakes 2016; 
Fairport Harbor, OH, Bay City, MI, Chicago, IL, Green Bay, WI, Sturgeon 
Bay, WI, Duluth, MN, Erie, PA.

    (a) Definitions. The following definitions apply to this section:
    (1) Navigation Rules means the Navigation Rules, International and 
Inland (See, 1972 COLREGS and 33 U.S.C. 2001 et seq.).
    (2) Official Patrol means those persons designated by Captain of 
the Port Buffalo, Detroit, Sault Ste. Marie, Duluth and Lake Michigan 
to monitor a tall ship safety zone, permit entry into the zone, give 
legally enforceable orders to persons or vessels within the zone, and 
take other actions authorized by the cognizant Captain of the Port.
    (3) Public Vessel means vessels owned, chartered, or operated by 
the United States or by a State or political subdivision thereof.
    (4) Tall Ship means any sailing vessel participating in the Tall 
Ships Challenge 2016 in the Great Lakes.
    (b) Location. The following areas are safety zones: all navigable 
waters of the United States located in the Ninth Coast Guard District 
within a 100 yard radius of any tall ship.
    (c) Regulations. (1) No person or vessel is allowed within the 
safety zone unless authorized by the cognizant Captain of the Port, 
their designated representative, or the on-scene official patrol.
    (2) Persons or vessels operating within a confined harbor or 
channel, where there is not sufficient navigable water outside of the 
safety zone to safely maneuver are allowed to operate within the safety 
zone and shall travel at the minimum speed necessary to maintain a safe 
course. Vessels operating within the safety zone shall not come within 
25 yards of a tall ship unless authorized by the cognizant Captain of 
the Port, their designated representative, or the on-scene official 
patrol.
    (3) When a tall ship approaches any vessel that is moored or 
anchored, the stationary vessel must stay moored or anchored while it 
remains within the tall ship's safety zone unless ordered by or given 
permission from the cognizant Captain of the Port, their designated 
representative, or the on-scene official patrol to do otherwise.
    (d) Effective period. This rule is effective from 12:01 a.m. on 
Wednesday, July 6, 2016 through 12:01 a.m. on Monday, September 12, 
2016.
    (e) Navigation Rules. The Navigation Rules shall apply at all times 
within a tall ships safety zone.

    Dated: July 5, 2016.
J.E. Ryan,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2016-16711 Filed 7-13-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                45414              Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations

                                                (Procedure and Administration).                          applicable to summonses issued on or                  Passenger Vessel Safety Specialist, U.S.
                                                However, other personnel from the                        after September 10, 2002 or under                     Coast Guard; telephone 216–902–6052,
                                                Treasury Department and the IRS                          paragraph (b)(3) that are applicable to               email Mark.D.Bobal@uscg.mil.
                                                participated in their development.                       summons interviews conducted on or                    SUPPLEMENTARY INFORMATION:
                                                                                                         after June 18, 2014, see 26 CFR
                                                List of Subjects in 26 CFR Part 301                                                                            I. Table of Abbreviations
                                                                                                         301.7602–1T (revised as of April 1,
                                                  Employment taxes, Estate taxes,                        2016).                                                CFR Code of Federal Regulations
                                                Excise taxes, Gift taxes, Income taxes,                                                                        DHS Department of Homeland Security
                                                Penalties, Reporting and recordkeeping                   John Dalrymple,                                       FR Federal Register
                                                requirements.                                            Deputy Commissioner for Services and                  NPRM Notice of proposed rulemaking
                                                                                                         Enforcement.                                          § Section
                                                Adoption of Amendments to the                              Approved: May 27, 2016.                             U.S.C. United States Code
                                                Regulations                                              Mark J. Mazur,
                                                  Accordingly, 26 CFR part 301 is                                                                              II. Background Information and
                                                                                                         Assistant Secretary of the Treasury (Tax
                                                amended as follows:                                      Policy).                                              Regulatory History
                                                                                                         [FR Doc. 2016–16606 Filed 7–12–16; 4:15 pm]              During the Tall Ships Challenge Great
                                                PART 301—PROCEDURE AND                                   BILLING CODE 4830–01–P                                Lakes 2016, tall ships will be
                                                ADMINISTRATION                                                                                                 participating in parades and then
                                                                                                                                                               mooring in the harbors of Fairport
                                                ■ Paragraph 1. The authority citation                                                                          Harbor, OH, Bay City, MI, Chicago, IL,
                                                for part 301 continues to read in part as                DEPARTMENT OF HOMELAND
                                                                                                         SECURITY                                              Green Bay, WI, Duluth, MN, Erie, PA.
                                                follows:                                                                                                       This is a tri-annual event that teaches
                                                    Authority: 26 U.S.C. 7805 * * *                      Coast Guard                                           character building and leadership
                                                                                                                                                               through sail training. The Tall Ships
                                                § 301.7602–1T     [Removed]
                                                                                                         33 CFR Part 165                                       event seeks to educate the public about
                                                ■ Par. 2. Section 301.7602–1T is                                                                               both the historical aspects of sailing
                                                removed.                                                 [Docket Number USCG–2016–0267]
                                                                                                                                                               ships as well as their current use as
                                                ■ Par. 3. Section 301.7602–1 is                          RIN 1625–AA00                                         training vessels for students. Tall ships
                                                amended by adding paragraph (b)(3) and                                                                         are large, traditionally-rigged sailing
                                                revising paragraph (d) to read as                        Safety Zone; Tall Ships Challenge                     vessels. The event will consist of
                                                follows:                                                 Great Lakes 2016, Fairport Harbor, OH,                festivals at each port of call, sail training
                                                                                                         Bay City, MI, Chicago, IL, Green Bay,                 cruises, tall ship parades, and races
                                                § 301.7602–1     Examination of books and
                                                witnesses.                                               WI, Duluth, MN, Erie, PA                              between the ports. More information
                                                *      *    *     *     *                                AGENCY:    Coast Guard, DHS.                          regarding the Tall Ships Challenge 2016
                                                   (b)(3) Participation of a person                                                                            and the participating vessels can be
                                                                                                         ACTION:   Temporary final rule.
                                                described in section 6103(n). For                                                                              found at http://www.sailtraining.org/
                                                purposes of this paragraph (b), a person                 SUMMARY:   The Coast Guard is creating                tallships/2016greatlakes/
                                                authorized to receive returns or return                  temporary safety zones around each tall               TSC2016index.php
                                                information under section 6103(n) and                    ship visiting the Great Lakes during the                 The Coast Guard published a notice of
                                                § 301.6103(n)–1(a) of the regulations                    Tall Ships Challenge 2016 race series.                proposed rulemaking (NPRM) titled
                                                may receive and review books, papers,                    These safety zones will provide for the               Safety Zone; Tall Ships Challenge Great
                                                records, or other data produced in                       regulation of vessel traffic in the vicinity          Lakes 2016, Fairport Harbor, OH, Bay
                                                compliance with a summons and, in the                    of each tall ship in the navigable waters             City, MI, Chicago, IL, Green Bay, WI,
                                                presence and under the guidance of an                    of the United States. The Coast Guard is              Duluth, MN, Erie, PA (USCG–2016–
                                                IRS officer or employee, participate                     taking this action to safeguard                       0267, 81 FR 26767, May 4, 2016). There
                                                fully in the interview of a witness                      participants and spectators from the                  we stated why we issued the NPRM,
                                                summoned by the IRS to provide                           hazards associated with the limited                   and invited comments on our proposed
                                                testimony under oath. Fully                              maneuverability of these tall ships and               regulatory action related. During the
                                                participating in an interview includes,                  to ensure public safety during tall ships             comment period that ended June 3,
                                                but is not limited to, receipt, review,                  events.                                               2016, we received one comment.
                                                and use of summoned books, papers,                       DATES: This rule is effective without                 III. Legal Authority and Need for Rule
                                                records, or other data; being present                    actual notice from July 14, 2016 through
                                                                                                                                                                  The Coast Guard is issuing this rule
                                                during summons interviews;                               12:01 a.m. on September 12, 2016. For
                                                                                                                                                               under authority in 33 U.S.C. 1231. The
                                                questioning the person providing                         the purposes of enforcement, actual
                                                                                                                                                               Ninth District Commander has
                                                testimony under oath; and asking a                       notice will be used from 12:01 a.m. July
                                                                                                                                                               determined that potential hazards
                                                summoned person’s representative to                      6, 2016 through July 14, 2016.
                                                                                                                                                               associated with tall ships operating in
                                                clarify an objection or assertion of                     ADDRESSES: To view documents                          crowded harbors in close proximity to
                                                privilege.                                               mentioned in this preamble as being                   spectator craft necessitate a safety zone.
                                                *      *    *     *     *                                available in the docket, go to http://                The purpose of this rule is to ensure the
                                                   (d) Applicability date. This section is               www.regulations.gov, type USCG–2016–                  safety of all vessels during the Tall Ship
                                                applicable after September 3, 1982,                      0267 in the ‘‘SEARCH’’ box and click                  events.
mstockstill on DSK3G9T082PROD with RULES




                                                except for paragraphs (b)(1) and (2) of                  ‘‘SEARCH.’’ Click on Open Docket
                                                this section which are applicable on and                 Folder on the line associated with this               IV. Discussion of Comments, Changes,
                                                after April 1, 2005 and paragraph (b)(3)                 rule.                                                 and the Rule
                                                of this section which applies to                         FOR FURTHER INFORMATION CONTACT: If                      As noted above, we received one
                                                summons interviews conducted on or                       you have questions on this rule, call or              comments on our NPRM published May
                                                after July 14, 2016. For rules under                     email Mark Bobal, Ninth District                      4, 2016. The comment was directed at
                                                paragraphs (b)(1) and (2) that are                       Inspections and Investigations Branch,                a rule pertaining to a fireworks show


                                           VerDate Sep<11>2014   15:55 Jul 13, 2016   Jkt 238001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\14JYR1.SGM   14JYR1


                                                                   Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations                                         45415

                                                during a university graduation and did                   to Mariners via VHF–FM marine                         D. Federalism and Indian Tribal
                                                not apply to this rule. There are no                     channel 16 about the zone and the rule                Governments
                                                changes in the regulatory text of this                   allows vessels to seek permission to                     A rule has implications for federalism
                                                rule from the proposed rule in the                       enter the zone.                                       under Executive Order 13132,
                                                NPRM.                                                                                                          Federalism, if it has a substantial direct
                                                   This rule establishes a safety zone                   B. Impact on Small Entities
                                                                                                                                                               effect on the States, on the relationship
                                                from 12:01 a.m. July 6, 2016, that is                       The Regulatory Flexibility Act of                  between the national government and
                                                established around each Tall Ship                        1980, 5 U.S.C. 601–612, as amended,                   the States, or on the distribution of
                                                participating in this event. The safety                  requires Federal agencies to consider
                                                zone covers all navigable waters within                                                                        power and responsibilities among the
                                                                                                         the potential impact of regulations on                various levels of government. We have
                                                100 yards of a tall ship in the Great                    small entities during rulemaking. The
                                                Lakes. The duration of the zone is                                                                             analyzed this rule under that Order and
                                                                                                         term ‘‘small entities’’ comprises small               have determined that it is consistent
                                                intended to ensure the safety of vessels                 businesses, not-for-profit organizations
                                                and these navigable waters during the                                                                          with the fundamental federalism
                                                                                                         that are independently owned and                      principles and preemption requirements
                                                2016 Tall Ships Challenge. No vessel or                  operated and are not dominant in their
                                                person will be permitted to enter the                                                                          described in Executive Order 13132.
                                                                                                         fields, and governmental jurisdictions                   Also, this rule does not have tribal
                                                safety zone without obtaining                            with populations of less than 50,000.
                                                permission from the COTP or a                                                                                  implications under Executive Order
                                                                                                         The Coast Guard received no comments                  13175, Consultation and Coordination
                                                designated representative. If the tall                   from the Small Business Administration
                                                ships are operating in a confined area                                                                         with Indian Tribal Governments,
                                                                                                         on this rulemaking. The Coast Guard                   because it does not have a substantial
                                                such as a small harbor and there is not                  certifies under 5 U.S.C. 605(b) that this
                                                adequate room for vessels to stay out of                                                                       direct effect on one or more Indian
                                                                                                         rule will not have a significant                      tribes, on the relationship between the
                                                the safety zone because of a lack of
                                                                                                         economic impact on a substantial                      Federal Government and Indian tribes,
                                                navigable water, then vessels will be
                                                                                                         number of small entities.                             or on the distribution of power and
                                                permitted to operate within the safety
                                                zone and shall travel at the minimum                        While some owners or operators of                  responsibilities between the Federal
                                                speed necessary to maintain a safe                       vessels intending to transit the safety               Government and Indian tribes. If you
                                                course. The navigation rules apply at all                zone may be small entities, for the                   believe this rule has implications for
                                                times within the safety zone. The safety                 reasons stated in section V.A above, this             federalism or Indian tribes, please
                                                zone terminates at 12:01 a.m. on                         rule will not have a significant                      contact the person listed in the FOR
                                                September 12, 2016.                                      economic impact on any vessel owner                   FURTHER INFORMATION CONTACT section.
                                                                                                         or operator.                                          E. Unfunded Mandates Reform Act
                                                V. Regulatory Analyses
                                                                                                            Under section 213(a) of the Small
                                                  We developed this rule after                           Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                considering numerous statutes and                        Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                Executive orders related to rulemaking.                  we want to assist small entities in                   Federal agencies to assess the effects of
                                                Below we summarize our analyses                          understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                based on a number of these statutes and                  would affect your small business,                     particular, the Act addresses actions
                                                Executive orders, and we discuss First                   organization, or governmental                         that may result in the expenditure by a
                                                Amendment rights of protestors.                          jurisdiction and you have questions                   State, local, or tribal government, in the
                                                                                                         concerning its provisions or options for              aggregate, or by the private sector of
                                                A. Regulatory Planning and Review                                                                              $100,000,000 (adjusted for inflation) or
                                                                                                         compliance, please contact the person
                                                   Executive Orders 12866 and 13563                                                                            more in any one year. Though this rule
                                                                                                         listed in the FOR FURTHER INFORMATION
                                                direct agencies to assess the costs and                                                                        will not result in such an expenditure,
                                                                                                         CONTACT section.
                                                benefits of available regulatory                                                                               we do discuss the effects of this rule
                                                alternatives and, if regulation is                          Small businesses may send comments                 elsewhere in this preamble.
                                                necessary, to select regulatory                          on the actions of Federal employees
                                                                                                         who enforce, or otherwise determine                   F. Environment
                                                approaches that maximize net benefits.
                                                Executive Order 13563 emphasizes the                     compliance with, Federal regulations to                 We have analyzed this rule under
                                                importance of quantifying both costs                     the Small Business and Agriculture                    Department of Homeland Security
                                                and benefits, of reducing costs, of                      Regulatory Enforcement Ombudsman                      Management Directive 023–01 and
                                                harmonizing rules, and of promoting                      and the Regional Small Business                       Commandant Instruction M16475.lD,
                                                flexibility. This rule has not been                      Regulatory Fairness Boards. The                       which guide the Coast Guard in
                                                designated a ‘‘significant regulatory                    Ombudsman evaluates these actions                     complying with the National
                                                action,’’ under Executive Order 12866.                   annually and rates each agency’s                      Environmental Policy Act of 1969 (42
                                                Accordingly, it has not been reviewed                    responsiveness to small business. If you              U.S.C. 4321–4370f), and have
                                                by the Office of Management and                          wish to comment on actions by                         determined that this action is one of a
                                                Budget.                                                  employees of the Coast Guard, call 1–                 category of actions that do not
                                                   This regulatory action determination                  888–REG–FAIR (1–888–734–3247). The                    individually or cumulatively have a
                                                is based on the size, location, duration,                Coast Guard will not retaliate against                significant effect on the human
                                                and time-of-day of the safety zone.                      small entities that question or complain              environment. This rule involves a safety
                                                Vessel traffic will be able to safely                    about this rule or any policy or action               zone that will prohibit vessels from
mstockstill on DSK3G9T082PROD with RULES




                                                transit around this safety zone.                         of the Coast Guard.                                   passing within 100 yards of a tall ship
                                                Commercial traffic does not typically                    C. Collection of Information                          without coming to a slow speed. It is
                                                come within the boundaries of the                                                                              categorically excluded from further
                                                safety zone, and would be permitted to                     This rule will not call for a new                   review under paragraph 34(h) of Figure
                                                pass through the safety zone in                          collection of information under the                   2–1 of the Commandant Instruction. An
                                                accordance with the rule. Moreover, the                  Paperwork Reduction Act of 1995 (44                   environmental analysis checklist
                                                Coast Guard will issue Broadcast Notice                  U.S.C. 3501–3520).                                    supporting this determination and a


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                                                45416              Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Rules and Regulations

                                                Categorical Exclusion Determination are                  Guard District within a 100 yard radius               procedures, which requires EPA to take
                                                available in the docket where indicated                  of any tall ship.                                     certain actions if an adverse comment is
                                                under ADDRESSES. We seek any                               (c) Regulations. (1) No person or                   received. EPA received adverse
                                                comments or information that may lead                    vessel is allowed within the safety zone              comments regarding the SNURs
                                                to the discovery of a significant                        unless authorized by the cognizant                    identified in this document. Therefore,
                                                environmental impact from this rule.                     Captain of the Port, their designated                 the Agency is withdrawing the direct
                                                                                                         representative, or the on-scene official              final rule SNURs identified in this
                                                G. Protest Activities                                    patrol.                                               document, as required under the direct
                                                  The Coast Guard respects the First                        (2) Persons or vessels operating                   final rulemaking procedures.
                                                Amendment rights of protesters.                          within a confined harbor or channel,                  DATES: This rule is effective July 15,
                                                Protesters are asked to contact the                      where there is not sufficient navigable               2016.
                                                person listed in the FOR FURTHER                         water outside of the safety zone to safely
                                                                                                                                                               ADDRESSES: The docket for this action,
                                                INFORMATION CONTACT section to                           maneuver are allowed to operate within
                                                                                                                                                               identified by docket identification (ID)
                                                coordinate protest activities so that your               the safety zone and shall travel at the
                                                                                                                                                               number EPA–HQ–OPPT–2015–0810, is
                                                message can be received without                          minimum speed necessary to maintain a
                                                                                                                                                               available at http://www.regulations.gov
                                                jeopardizing the safety or security of                   safe course. Vessels operating within the
                                                                                                                                                               or at the Office of Pollution Prevention
                                                people, places or vessels.                               safety zone shall not come within 25
                                                                                                                                                               and Toxics Docket (OPPT Docket),
                                                                                                         yards of a tall ship unless authorized by
                                                List of Subjects in 33 CFR Part 165                                                                            Environmental Protection Agency
                                                                                                         the cognizant Captain of the Port, their
                                                                                                                                                               Docket Center (EPA/DC), West William
                                                  Harbors, Marine safety, Navigation                     designated representative, or the on-
                                                                                                                                                               Jefferson Clinton Bldg., Rm. 3334, 1301
                                                (water), Reporting and recordkeeping                     scene official patrol.
                                                                                                                                                               Constitution Ave. NW., Washington,
                                                requirements, Security measures,                            (3) When a tall ship approaches any
                                                                                                                                                               DC. The Public Reading Room is open
                                                Waterways.                                               vessel that is moored or anchored, the
                                                                                                                                                               from 8:30 a.m. to 4:30 p.m., Monday
                                                  For the reasons discussed in the                       stationary vessel must stay moored or
                                                                                                                                                               through Friday, excluding legal
                                                preamble, the Coast Guard amends 33                      anchored while it remains within the
                                                                                                                                                               holidays. The telephone number for the
                                                CFR part 165 as follows:                                 tall ship’s safety zone unless ordered by
                                                                                                                                                               Public Reading Room is (202) 566–1744,
                                                                                                         or given permission from the cognizant
                                                                                                                                                               and the telephone number for the OPPT
                                                PART 165—REGULATED NAVIGATION                            Captain of the Port, their designated
                                                                                                                                                               Docket is (202) 566–0280. Please review
                                                AREAS AND LIMITED ACCESS AREAS                           representative, or the on-scene official
                                                                                                                                                               the visitor instructions and additional
                                                                                                         patrol to do otherwise.
                                                ■ 1. The authority citation for part 165                    (d) Effective period. This rule is                 information about the docket available
                                                continues to read as follows:                            effective from 12:01 a.m. on Wednesday,               at http://www.epa.gov/dockets.
                                                                                                         July 6, 2016 through 12:01 a.m. on                    FOR FURTHER INFORMATION CONTACT:
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;             Monday, September 12, 2016.                              For technical information contact:
                                                Department of Homeland Security Delegation                  (e) Navigation Rules. The Navigation               Kenneth Moss, Chemical Control
                                                No. 0170.1.                                              Rules shall apply at all times within a               Division (7405M), Office of Pollution
                                                ■ 2. Add § 165.T09–0073 to read as                       tall ships safety zone.                               Prevention and Toxics, Environmental
                                                follows:                                                                                                       Protection Agency, 1200 Pennsylvania
                                                                                                            Dated: July 5, 2016.                               Ave. NW., Washington, DC 20460–0001;
                                                § 165.T09–0073 Safety Zone; Tall Ships                   J.E. Ryan,                                            telephone number: (202) 564–9232;
                                                Challenge Great Lakes 2016; Fairport                     Rear Admiral, U.S. Coast Guard, Commander,            email address: moss.kenneth@epa.gov.
                                                Harbor, OH, Bay City, MI, Chicago, IL, Green             Ninth Coast Guard District.                              For general information contact: The
                                                Bay, WI, Sturgeon Bay, WI, Duluth, MN, Erie,             [FR Doc. 2016–16711 Filed 7–13–16; 8:45 am]           TSCA-Hotline, ABVI-Goodwill, 422
                                                PA.                                                      BILLING CODE 9110–04–P                                South Clinton Ave., Rochester, NY
                                                  (a) Definitions. The following                                                                               14620; telephone number: (202) 554–
                                                definitions apply to this section:                                                                             1404; email address: TSCA-Hotline@
                                                   (1) Navigation Rules means the                        ENVIRONMENTAL PROTECTION                              epa.gov.
                                                Navigation Rules, International and                      AGENCY                                                SUPPLEMENTARY INFORMATION:
                                                Inland (See, 1972 COLREGS and 33
                                                U.S.C. 2001 et seq.).                                    40 CFR Parts 9 and 721                                I. Does this action apply to me?
                                                   (2) Official Patrol means those                       [EPA–HQ–OPPT–2015–0810; FRL–9948–81]                     A list of potentially affected entities is
                                                persons designated by Captain of the                                                                           provided in the Federal Register of May
                                                Port Buffalo, Detroit, Sault Ste. Marie,                 RIN 2070–AB27                                         16, 2016 (81 FR 30452) (FRL–9944–77).
                                                Duluth and Lake Michigan to monitor a                                                                          If you have questions regarding the
                                                tall ship safety zone, permit entry into                 Significant New Use Rules on Certain
                                                                                                                                                               applicability of this action to a
                                                the zone, give legally enforceable orders                Chemical Substances; Withdrawal
                                                                                                                                                               particular entity, consult the technical
                                                to persons or vessels within the zone,                   AGENCY:   Environmental Protection                    person listed under FOR FURTHER
                                                and take other actions authorized by the                 Agency (EPA).                                         INFORMATION CONTACT.
                                                cognizant Captain of the Port.                           ACTION: Partial withdrawal of direct
                                                   (3) Public Vessel means vessels                                                                             II. What direct final SNURs are being
                                                                                                         final rule.                                           withdrawn?
                                                owned, chartered, or operated by the
                                                United States or by a State or political                 SUMMARY:   EPA is withdrawing                            In the May 16, 2016 Federal Register,
mstockstill on DSK3G9T082PROD with RULES




                                                subdivision thereof.                                     significant new use rules (SNURs)                     EPA issued direct final SNURs for the
                                                   (4) Tall Ship means any sailing vessel                promulgated under the Toxic                           chemical substances that are identified
                                                participating in the Tall Ships Challenge                Substances Control Act (TSCA) for three               in this document. These direct final
                                                2016 in the Great Lakes.                                 chemical substances, which were the                   SNURs were issued under the
                                                   (b) Location. The following areas are                 subject of premanufacture notices                     procedures in 40 CFR part 721, subpart
                                                safety zones: all navigable waters of the                (PMNs). EPA published these SNURs                     D. Because the Agency received notices
                                                United States located in the Ninth Coast                 using direct final rulemaking                         of intent to submit adverse comments,


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Document Created: 2016-07-14 01:55:17
Document Modified: 2016-07-14 01:55:17
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 without actual notice from July 14, 2016 through 12:01 a.m. on September 12, 2016. For the purposes of enforcement, actual notice will be used from 12:01 a.m. July 6, 2016 through July 14, 2016.
ContactIf you have questions on this rule, call or email Mark Bobal, Ninth District Inspections and Investigations Branch, Passenger Vessel Safety Specialist, U.S. Coast Guard; telephone 216-902-6052, email [email protected]
FR Citation81 FR 45414 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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