81_FR_47431 81 FR 47291 - Safety Zone; Tennessee River 385.0-387.0; Scottsboro, AL

81 FR 47291 - Safety Zone; Tennessee River 385.0-387.0; Scottsboro, AL

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range47291-47293
FR Document2016-17333

The Coast Guard is establishing a safety zone for all waters of the Tennessee River beginning at mile marker 385.0 and ending at mile marker 387.0. This safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with the demolition of the B.B. Comer Bridge. This rulemaking would prohibit persons and vessels from entering the safety zone area unless authorized by the Captain of the Port Ohio Valley or a designated representative.

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47291-47293]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17333]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0467]
RIN 1625-AA00


Safety Zone; Tennessee River 385.0-387.0; Scottsboro, AL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for all waters 
of the Tennessee River beginning at mile marker 385.0 and ending at 
mile marker 387.0. This safety zone is necessary to protect persons, 
property, and infrastructure from potential damage and safety hazards 
associated with the demolition of the B.B. Comer Bridge. This 
rulemaking would prohibit persons and vessels from entering the safety 
zone area unless authorized by the Captain of the Port Ohio Valley or a 
designated representative.

DATES: This rule is effective without actual notice from July 21, 2016 
until August 1, 2016. For the purposes of enforcement, actual notice 
will be used from May 31, 2016 until July 21, 2016.

[[Page 47292]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0467 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 May 27, 2016, the Contract Drilling and Blasting representative 
submitted a CG-4260 to the Coast Guard for blasting operations that 
would take place from May 31, 2016 to August 1, 2016 during the 
demolition of the B.B. Comer Bridge on the Tennessee River at mile 
marker 386.0. The blasting operations will take place at various times 
and dates determined by environmental factors. The Captain of the Port 
Ohio Valley (COTP) has determined that this safety zone is necessary to 
protect persons, property, and infrastructure before, during, and after 
blasting operations.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the Coast Guard was informed of this 
project in early May, but full details of blasting operations on or 
over a Navigable Waterway were not provided until May 27, 2016 with a 
start date of May 31, 2016. The notification of blasting requirements 
were made only a few days before the project is scheduled to begin. 
Immediate action is needed to respond to potential safety hazards 
related to blasting operations on or over this navigable waterway. It 
is impracticable to publish an NPRM because we must establish this 
safety zone by May 31, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying the effective 
date of this rule would be contrary to public interest because 
immediate action is needed to establish a safety zone to protect 
persons, property, and infrastructure whenever blasting operations take 
place on the B.B. Comer Bridge from May 31, 2016 until August 1, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Ohio Valley (COTP) has determined the 
need to protect persons, property, and infrastructure during the 
blasting operations taking place on the B.B. Comer Bridge on the 
Tennessee River at mile marker 386.0. This rule is needed to protect 
personnel, vessels, and these navigable waters before, during, and 
after blasting operations take place.

IV. Discussion of the Rule

    The Captain of the Port Ohio Valley is establishing this safety 
zone from May 31, 2016 through August 1, 2016, for all waters of the 
Tennessee River beginning at mile marker 385.0 and ending at mile 
marker 387.0. The periods of enforcement will be 30 minutes prior to, 
during, and 30 minutes after any blasting operation that takes place on 
the B.B. Comer Bridge. The Coast Guard was informed that there would be 
between 9 and 12 blasting operations that will take place during 
daylight hours and will last approximately one hour on each occurrence. 
Safety zone enforcement times will be announced via Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), or through other 
public notice and at least 12-24 hour notice will be provided before 
each enforcement period. Any deviation from this rule are prohibited 
unless specifically authorized by the COTP Ohio Valley, or a designated 
representative. Deviations requests will be considered and reviewed on 
a case-by-case basis. The COTP Ohio Valley may be contacted by 
telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.
    The duration of each safety zone enforcement period is intended to 
protect persons, property, and infrastructure from safety hazards 
associated with blasting operations. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
establishing appears at the end of this document.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive order 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.
    This safety zone prohibits transit on the Tennessee River from mile 
385.0 to mile 387.0, 30 minutes prior to, during, and 30 minutes after 
blasting operations on the B.B. Comer bridge from May 31, 2016 through 
August 1, 2016. Broadcast Notices to Mariners and Local Notices to 
Mariners will also inform the community of the safety zone enforcement 
periods through BNM, LNM and other forms of public notice so that they 
may plan accordingly for each short enforcement period restricting 
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 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.

[[Page 47293]]

    While some owners or operators of vessels intending to transit the 
safety zone area may be small entities, for the reasons stated in 
section V.A above this rule would 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 above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this 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 area safety zone that would prohibit entry to 
unauthorized vessels. It is categorically excluded from further review 
under paragraph 34(g) 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. 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 U.S. 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.


0
2. A new temporary Sec.  165.35T08-0467 is added to read as follows:


Sec.  165.35T08-0467  Safety Zone; Tennessee River Mile 385.0 to 387.0 
Scottsboro, AL.

    (a) Location. All waters of the Tennessee River beginning at mile 
marker 385.0 and ending at mile marker 387.0 Scottsboro, AL.
    (b) Effective date. This rule is effective from May 31, 2016 
through August 1, 2016.
    (c) Periods of Enforcement. This rule will be enforced from 30 
minutes prior to and 30 minutes after all blasting operations on the 
B.B. Comer Bridge. The Captain of the Port Ohio Valley or a designated 
representative will inform the public through Broadcast Notice to 
Mariners (BNM), Local Notices to Mariners (LNM), or through other 
public notice and at least 12-24 in advance of each enforcement period.
    (d) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 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: May 31, 2016.
R. V. Timme,
Captain, U. S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-17333 Filed 7-20-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations                                                47291

                                           another reference on the label in a                      PART 9—AMERICAN VITICULTURAL                           becomes the southern boundary of
                                           misleading manner, the bottler would                     AREAS                                                  Cheboygan County, and continuing
                                           have to obtain approval of a new label.                                                                         along the Cheboygan county line to the
                                           Different rules apply if a wine has a                    ■ 1. The authority citation for part 9                 intersection of the Cheboygan county
                                           brand name containing an AVA name                        continues to read as follows:                          line with the eastern boundary of
                                           that was used as a brand name on a                            Authority: 27 U.S.C. 205.                         Charlevoix County; then
                                           label approved before July 7, 1986. See                                                                            (6) Proceed south then east along the
                                           27 CFR 4.39(i)(2) for details.                           Subpart C—Approved American                            Charlevoix county line to the
                                                                                                    Viticultural Areas                                     intersection of the Charlevoix county
                                              With the establishment of this AVA,                                                                          line with the eastern boundary of
                                           its name, ‘‘Tip of the Mitt,’’ will be                   ■ 2. Subpart C is amended by adding                    Antrim County; then
                                           recognized as a name of viticultural                     § 9.257 to read as follows:                               (7) Proceed south along the Antrim
                                           significance under § 4.39(i)(3) of the                                                                          county line to the point where the
                                           TTB regulations (27 CFR 4.39(i)(3)). The                 § 9.257    Tip of the Mitt.
                                                                                                                                                           county line turns due east; then
                                           text of the regulation clarifies this point.                (a) Name. The name of the viticultural                 (8) Proceed west in a straight line to
                                           Consequently, wine bottlers using the                    area described in this section is ‘‘Tip of             the eastern shoreline of Grand Traverse
                                           name ‘‘Tip of the Mitt’’ in a brand name,                the Mitt’’. For purposes of part 4 of this             Bay; then
                                           including a trademark, or in another                     chapter, ‘‘Tip of the Mitt’’ is a term of                 (9) Proceed north-northeasterly along
                                           label reference as to the origin of the                  viticultural significance.                             the shorelines of Grand Traverse Bay,
                                           wine, will have to ensure that the                          (b) Approved maps. The 2 United                     Lake Michigan, Little Traverse Bay,
                                           product is eligible to use the AVA name                  States Geological Survey (USGS)                        Sturgeon Bay, Trails End Bay, and the
                                           as an appellation of origin.                             1:250,000 scale topographic maps used                  Straits of Mackinac, returning to the
                                                                                                    to determine the boundary of the Tip of                beginning point.
                                              The establishment of the Tip of the                   the Mitt viticultural area are titled:
                                           Mitt AVA will not affect any existing                                                                             Signed: June 29, 2016.
                                                                                                       (1) Cheboygan, Michigan, 1955;
                                           AVA. The establishment of the Tip of                                                                            John J. Manfreda,
                                                                                                    revised 1981; and
                                           the Mitt AVA will allow vintners to use                     (2) Alpena, Mich., US–Ontario, Can.;                Administrator.
                                           ‘‘Tip of the Mitt’’ as an appellation of                 1954.                                                    Approved: July 10, 2016.
                                           origin for wines made primarily from                        (c) Boundary. The Tip of the Mitt                   Timothy E. Skud,
                                           grapes grown within the Tip of the Mitt                  viticultural area is located in all or                 Deputy Assistant Secretary (Tax, Trade, and
                                           AVA if the wines meet the eligibility                    portions of Charlevoix, Emmet,                         Tariff Policy).
                                           requirements for the appellation.                        Cheboygan, Presque Isle, Alpena, and                   [FR Doc. 2016–17274 Filed 7–20–16; 8:45 am]
                                                                                                    Antrim Counties in Michigan. The                       BILLING CODE 4310–31–P
                                           Regulatory Flexibility Act
                                                                                                    boundary of the Tip of the Mitt
                                              TTB certifies that this regulation will               viticultural area is as described below:
                                           not have a significant economic impact                      (1) The beginning point is on the                   DEPARTMENT OF HOMELAND
                                           on a substantial number of small                         Cheboygan map, at the point where the                  SECURITY
                                           entities. The regulation imposes no new                  Mackinac Bridge intersects the southern
                                                                                                    shoreline of the Straits of Mackinac.                  Coast Guard
                                           reporting, recordkeeping, or other
                                           administrative requirement. Any benefit                  From the beginning point, proceed east-
                                                                                                    southeasterly along the shoreline of the               33 CFR Part 165
                                           derived from the use of an AVA name
                                           would be the result of a proprietor’s                    South Channel of the Straits of                        [Docket Number USCG–2016–0467]
                                           efforts and consumer acceptance of                       Mackinac and Lake Huron, crossing
                                                                                                    onto the Alpena map and continuing to                  RIN 1625–AA00
                                           wines from that area. Therefore, no
                                                                                                    follow the Lake Huron shoreline and
                                           regulatory flexibility analysis is                                                                              Safety Zone; Tennessee River 385.0–
                                                                                                    then the Thunder Bay shoreline to the
                                           required.                                                                                                       387.0; Scottsboro, AL
                                                                                                    point where the Thunder Bay shoreline
                                           Executive Order 12866                                    intersects the common T31N/T30N                        AGENCY:    Coast Guard, DHS.
                                                                                                    township line south of the city of                     ACTION:   Temporary final rule.
                                             It has been determined that this final                 Alpena and north of Bare Point; then
                                           rule is not a significant regulatory action                 (2) Proceed northwesterly in a straight             SUMMARY:   The Coast Guard is
                                           as defined by Executive Order 12866 of                   line to the intersection of an unnamed                 establishing a safety zone for all waters
                                           September 30, 1993. Therefore, no                        medium-duty road known locally as                      of the Tennessee River beginning at mile
                                           regulatory assessment is required.                       Long Rapids Road and an unnamed                        marker 385.0 and ending at mile marker
                                                                                                    light-duty road known locally as Cathro                387.0. This safety zone is necessary to
                                           Drafting Information                                                                                            protect persons, property, and
                                                                                                    Road; then
                                             Karen A. Thornton of the Regulations                      (3) Proceed west in a straight line to              infrastructure from potential damage
                                           and Rulings Division drafted this final                  the line’s intersection with State                     and safety hazards associated with the
                                           rule.                                                    Highway 65 and an unnamed light-duty                   demolition of the B.B. Comer Bridge.
                                                                                                    road known locally as Hibner Road;                     This rulemaking would prohibit persons
                                           List of Subjects in 27 CFR Part 9                        then                                                   and vessels from entering the safety
                                                                                                       (4) Proceed northwesterly in a straight             zone area unless authorized by the
                                              Wine.                                                 line to the intersection of the Presque                Captain of the Port Ohio Valley or a
Lhorne on DSK30JT082PROD with RULES




                                           The Regulatory Amendment                                 Isle, Alpena, and Montmorency county                   designated representative.
                                                                                                    lines; then                                            DATES: This rule is effective without
                                              For the reasons discussed in the                         (5) Proceed west along the southern                 actual notice from July 21, 2016 until
                                           preamble, TTB amends title 27, chapter                   boundary of Presque Isle County,                       August 1, 2016. For the purposes of
                                           I, part 9, Code of Federal Regulations, as               crossing onto the Cheboygan map, to the                enforcement, actual notice will be used
                                           follows:                                                 point where the Presque Isle county line               from May 31, 2016 until July 21, 2016.


                                      VerDate Sep<11>2014   14:56 Jul 20, 2016   Jkt 238001   PO 00000    Frm 00007   Fmt 4700   Sfmt 4700   E:\FR\FM\21JYR1.SGM   21JYR1


                                           47292              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations

                                           ADDRESSES:   To view documents                           impracticable to publish an NPRM                      permission from the COTP or a
                                           mentioned in this preamble as being                      because we must establish this safety                 designated representative. The
                                           available in the docket, go to http://                   zone by May 31, 2016.                                 regulatory text we are establishing
                                           www.regulations.gov, type USCG–2016–                        We are issuing this rule, and under 5              appears at the end of this document.
                                           0467 in the ‘‘SEARCH’’ box and click                     U.S.C. 553(d)(3), the Coast Guard finds
                                                                                                    that good cause exists for making it                  V. Regulatory Analyses
                                           ‘‘SEARCH.’’ Click on Open Docket
                                           Folder on the line associated with this                  effective less than 30 days after                       We developed this rule after
                                           rule.                                                    publication in the Federal Register.                  considering numerous statutes and
                                           FOR FURTHER INFORMATION CONTACT: If                      Delaying the effective date of this rule              Executive order related to rulemaking.
                                           you have questions on this rule, call or                 would be contrary to public interest                  Below we summarize our analyses
                                           email Petty Officer Ashley Schad, MSD                    because immediate action is needed to                 based on a number of these statutes and
                                           Nashville, Nashville, TN, at 615–736–                    establish a safety zone to protect                    Executive Orders, and we discuss First
                                           5421 or at Ashley.M.Schad@uscg.mil.                      persons, property, and infrastructure                 Amendment rights of protestors.
                                           SUPPLEMENTARY INFORMATION:
                                                                                                    whenever blasting operations take place
                                                                                                    on the B.B. Comer Bridge from May 31,                 A. Regulatory Planning and Review
                                           I. Table of Abbreviations                                2016 until August 1, 2016.                               Executive Orders 12866 and 13563
                                           CFR Code of Federal Regulations                          III. Legal Authority and Need for Rule                direct agencies to assess the costs and
                                           DHS Department of Homeland Security                                                                            benefits of available regulatory
                                           FR Federal Register                                         The Coast Guard is issuing this rule               alternatives and, if regulation is
                                           NPRM Notice of proposed rulemaking                       under authority in 33 U.S.C. 1231. The                necessary, to select regulatory
                                           § Section                                                Captain of the Port Ohio Valley (COTP)                approaches that maximize net benefits.
                                           U.S.C. United States Code                                has determined the need to protect                    Executive Order 13563 emphasizes the
                                           II. Background Information and                           persons, property, and infrastructure
                                                                                                                                                          importance of quantifying both costs
                                           Regulatory History                                       during the blasting operations taking
                                                                                                                                                          and benefits, of reducing costs, of
                                                                                                    place on the B.B. Comer Bridge on the
                                              On May 27, 2016, the Contract                                                                               harmonizing rules, and of promoting
                                                                                                    Tennessee River at mile marker 386.0.
                                           Drilling and Blasting representative                                                                           flexibility. This rule has not been
                                                                                                    This rule is needed to protect personnel,
                                           submitted a CG–4260 to the Coast Guard                                                                         designated a ‘‘significant regulatory
                                                                                                    vessels, and these navigable waters
                                           for blasting operations that would take                                                                        action,’’ under Executive Order 12866.
                                                                                                    before, during, and after blasting
                                           place from May 31, 2016 to August 1,                                                                           Accordingly, it has not been reviewed
                                                                                                    operations take place.
                                           2016 during the demolition of the B.B.                                                                         by the Office of Management and
                                           Comer Bridge on the Tennessee River at                   IV. Discussion of the Rule                            Budget.
                                           mile marker 386.0. The blasting                             The Captain of the Port Ohio Valley                   This regulatory action determination
                                           operations will take place at various                    is establishing this safety zone from May             is based on the size, location, duration,
                                           times and dates determined by                            31, 2016 through August 1, 2016, for all              and time-of-day of the safety zone.
                                           environmental factors. The Captain of                    waters of the Tennessee River beginning                  This safety zone prohibits transit on
                                           the Port Ohio Valley (COTP) has                          at mile marker 385.0 and ending at mile               the Tennessee River from mile 385.0 to
                                           determined that this safety zone is                      marker 387.0. The periods of                          mile 387.0, 30 minutes prior to, during,
                                           necessary to protect persons, property,                  enforcement will be 30 minutes prior to,              and 30 minutes after blasting operations
                                           and infrastructure before, during, and                   during, and 30 minutes after any                      on the B.B. Comer bridge from May 31,
                                           after blasting operations.                               blasting operation that takes place on                2016 through August 1, 2016. Broadcast
                                              The Coast Guard is issuing this                       the B.B. Comer Bridge. The Coast Guard                Notices to Mariners and Local Notices to
                                           temporary rule without prior notice and                  was informed that there would be                      Mariners will also inform the
                                           opportunity to comment pursuant to                       between 9 and 12 blasting operations                  community of the safety zone
                                           authority under section 4(a) of the                      that will take place during daylight                  enforcement periods through BNM,
                                           Administrative Procedure Act (APA) (5                    hours and will last approximately one                 LNM and other forms of public notice
                                           U.S.C. 553(b)). This provision                           hour on each occurrence. Safety zone                  so that they may plan accordingly for
                                           authorizes an agency to issue a rule                     enforcement times will be announced                   each short enforcement period
                                           without prior notice and opportunity to                  via Broadcast Notice to Mariners (BNM),               restricting transit. Vessel traffic may
                                           comment when the agency for good                         Local Notices to Mariners (LNM), or                   request permission from the COTP Ohio
                                           cause finds that those procedures are                    through other public notice and at least              Valley or a designated representative to
                                           ‘‘impracticable, unnecessary, or contrary                12–24 hour notice will be provided                    enter the restricted area.
                                           to the public interest.’’ Under 5 U.S.C.                 before each enforcement period. Any                   B. Impact on Small Entities
                                           553(b)(B), the Coast Guard finds that                    deviation from this rule are prohibited
                                           good cause exists for not publishing a                   unless specifically authorized by the                    The Regulatory Flexibility Act of
                                           notice of proposed rulemaking (NPRM)                     COTP Ohio Valley, or a designated                     1980, 5 U.S.C. 601–612, as amended,
                                           with respect to this rule because the                    representative. Deviations requests will              requires Federal agencies to consider
                                           Coast Guard was informed of this                         be considered and reviewed on a case-                 the potential impact of regulations on
                                           project in early May, but full details of                by-case basis. The COTP Ohio Valley                   small entities during rulemaking. The
                                           blasting operations on or over a                         may be contacted by telephone at 1–                   term ‘‘small entities’’ comprises small
                                           Navigable Waterway were not provided                     800–253–7465 or can be reached by                     businesses, not-for-profit organizations
                                           until May 27, 2016 with a start date of                  VHF–FM channel 16.                                    that are independently owned and
                                           May 31, 2016. The notification of                           The duration of each safety zone                   operated and are not dominant in their
Lhorne on DSK30JT082PROD with RULES




                                           blasting requirements were made only a                   enforcement period is intended to                     fields, and governmental jurisdictions
                                           few days before the project is scheduled                 protect persons, property, and                        with populations of less than 50,000.
                                           to begin. Immediate action is needed to                  infrastructure from safety hazards                    The Coast Guard certifies under 5 U.S.C.
                                           respond to potential safety hazards                      associated with blasting operations. No               605(b) that this rule will not have a
                                           related to blasting operations on or over                vessel or person would be permitted to                significant economic impact on a
                                           this navigable waterway. It is                           enter the safety zone without obtaining               substantial number of small entities.


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                                                              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations                                               47293

                                              While some owners or operators of                     Government and Indian tribes. If you                  PART 165—REGULATED NAVIGATION
                                           vessels intending to transit the safety                  believe this rule has implications for                AREAS AND LIMITED ACCESS AREAS
                                           zone area may be small entities, for the                 federalism or Indian tribes, please
                                           reasons stated in section V.A above this                 contact the person listed in the FOR                  ■ 1. The authority citation for part 165
                                           rule would not have a significant                        FURTHER INFORMATION CONTACT section                   continues to read as follows:
                                           economic impact on any vessel owner                      above.                                                    Authority: 33 U.S.C. 1231.
                                           or operator.
                                              Under section 213(a) of the Small                     E. Unfunded Mandates Reform Act                       ■  2. A new temporary § 165.35T08–0467
                                           Business Regulatory Enforcement                            The Unfunded Mandates Reform Act                    is added to read as follows:
                                           Fairness Act of 1996 (Pub. L. 104–121),                  of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                                                                          § 165.35T08–0467 Safety Zone; Tennessee
                                           we want to assist small entities in                      Federal agencies to assess the effects of             River Mile 385.0 to 387.0 Scottsboro, AL.
                                           understanding this rule. If the rule                     their discretionary regulatory actions. In
                                                                                                    particular, the Act addresses actions                   (a) Location. All waters of the
                                           would affect your small business,
                                                                                                    that may result in the expenditure by a               Tennessee River beginning at mile
                                           organization, or governmental
                                                                                                    State, local, or tribal government, in the            marker 385.0 and ending at mile marker
                                           jurisdiction and you have questions
                                                                                                    aggregate, or by the private sector of                387.0 Scottsboro, AL.
                                           concerning its provisions or options for
                                                                                                    $100,000,000 (adjusted for inflation) or                 (b) Effective date. This rule is effective
                                           compliance, please contact the person
                                                                                                    more in any one year. Though this rule                from May 31, 2016 through August 1,
                                           listed in the FOR FURTHER INFORMATION
                                                                                                    will not result in such an expenditure,               2016.
                                           CONTACT section.
                                              Small businesses may send comments                    we do discuss the effects of this rule                   (c) Periods of Enforcement. This rule
                                           on the actions of Federal employees                      elsewhere in this preamble.                           will be enforced from 30 minutes prior
                                           who enforce, or otherwise determine                                                                            to and 30 minutes after all blasting
                                                                                                    F. Environment                                        operations on the B.B. Comer Bridge.
                                           compliance with, Federal regulations to
                                           the Small Business and Agriculture                         We have analyzed this rule under                    The Captain of the Port Ohio Valley or
                                           Regulatory Enforcement Ombudsman                         Department of Homeland Security                       a designated representative will inform
                                           and the Regional Small Business                          Management Directive 023–01 and                       the public through Broadcast Notice to
                                           Regulatory Fairness Boards. The                          Commandant Instruction M16475.lD,                     Mariners (BNM), Local Notices to
                                           Ombudsman evaluates these actions                        which guide the Coast Guard in                        Mariners (LNM), or through other public
                                           annually and rates each agency’s                         complying with the National                           notice and at least 12–24 in advance of
                                           responsiveness to small business. If you                 Environmental Policy Act of 1969 (42                  each enforcement period.
                                           wish to comment on actions by                            U.S.C. 4321–4370f), and have                             (d) Regulations.
                                           employees of the Coast Guard, call 1–                    determined that this action is one of a                  (1) In accordance with the general
                                           888–REG–FAIR (1–888–734–3247). The                       category of actions that do not                       regulations in § 165.23 of this part, entry
                                           Coast Guard will not retaliate against                   individually or cumulatively have a                   into this area is prohibited unless
                                           small entities that question or complain                 significant effect on the human                       authorized by the Captain of the Port
                                           about this rule or any policy or action                  environment. This rule involves area                  Ohio Valley or a designated
                                           of the Coast Guard.                                      safety zone that would prohibit entry to              representative.
                                                                                                    unauthorized vessels. It is categorically                (2) Persons or vessels requiring entry
                                           C. Collection of Information                             excluded from further review under                    into or passage through the area must
                                             This rule will not call for a new                      paragraph 34(g) of Figure 2–1 of the                  request permission from the Captain of
                                           collection of information under the                      Commandant Instruction. An                            the Port Ohio Valley or a designated
                                           Paperwork Reduction Act of 1995 (44                      environmental analysis checklist                      representative. U.S. Coast Guard Sector
                                           U.S.C. 3501–3520).                                       supporting this determination and a                   Ohio Valley may be contacted on VHF
                                                                                                    Categorical Exclusion Determination are               Channel 13 or 16, or at 1–800–253–
                                           D. Federalism and Indian Tribal                                                                                7465.
                                                                                                    available in the docket where indicated
                                           Governments
                                                                                                    under ADDRESSES. We seek any                            Dated: May 31, 2016.
                                              A rule has implications for federalism                comments or information that may lead                 R. V. Timme,
                                           under Executive Order 13132,                             to the discovery of a significant                     Captain, U. S. Coast Guard, Captain of the
                                           Federalism, if it has a substantial direct               environmental impact from this rule.                  Port Ohio Valley.
                                           effect on the States, on the relationship
                                                                                                    G. Protest Activities                                 [FR Doc. 2016–17333 Filed 7–20–16; 8:45 am]
                                           between the national government and
                                                                                                                                                          BILLING CODE 9110–04–P
                                           the States, or on the distribution of                      The Coast Guard respects the First
                                           power and responsibilities among the                     Amendment rights of protesters.
                                           various levels of government. We have                    Protesters are asked to contact the
                                                                                                                                                          DEPARTMENT OF HOMELAND
                                           analyzed this rule under that Order and                  person listed in the FOR FURTHER
                                                                                                                                                          SECURITY
                                           have determined that it is consistent                    INFORMATION CONTACT section to
                                           with the fundamental federalism                          coordinate protest activities so that your            Coast Guard
                                           principles and preemption requirements                   message can be received without
                                           described in Executive Order 13132.                      jeopardizing the safety or security of                33 CFR Part 165
                                              Also, this rule does not have tribal                  people, places or vessels.
                                           implications under Executive Order                                                                             [Docket Number USCG–2016–0648]
                                           13175, Consultation and Coordination                     List of Subjects in 33 CFR Part 165
                                           with Indian Tribal Governments,                            Harbors, Marine safety, Navigation                  RIN 1625–AA00
Lhorne on DSK30JT082PROD with RULES




                                           because it does not have a substantial                   (water), Reporting and recordkeeping
                                           direct effect on one or more Indian                      requirements, Security measures,                      Safety Zone; Hudson River, Edgewater,
                                           tribes, on the relationship between the                  Waterways.                                            NJ.
                                           Federal Government and Indian tribes,                      For the reasons discussed in the                    AGENCY:    Coast Guard, DHS.
                                           or on the distribution of power and                      preamble, the U.S. Coast Guard amends
                                                                                                                                                          ACTION:   Temporary final rule.
                                           responsibilities between the Federal                     33 CFR part 165 as follows:


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Document Created: 2018-02-08 07:58:54
Document Modified: 2018-02-08 07:58:54
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 21, 2016 until August 1, 2016. For the purposes of enforcement, actual notice will be used from May 31, 2016 until July 21, 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 47291 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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