81_FR_66075 81 FR 65889 - Safety Zone; Arkansas River, Little Rock, AR

81 FR 65889 - Safety Zone; Arkansas River, Little Rock, AR

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 186 (September 26, 2016)

Page Range65889-65891
FR Document2016-23122

The Coast Guard is establishing a temporary safety zone for all waters of the Arkansas River beginning at mile marker 118.6 and ending at mile marker 119.6. The safety zone is necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with the demolition of the Broadway Bridge. This rulemaking would impose a speed restriction and prohibit persons and vessels from entering the safety zone area during certain operations unless authorized by the Captain of the Port Memphis or a designated representative.

Federal Register, Volume 81 Issue 186 (Monday, September 26, 2016)
[Federal Register Volume 81, Number 186 (Monday, September 26, 2016)]
[Rules and Regulations]
[Pages 65889-65891]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23122]



[[Page 65889]]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0885]
RIN 1625-AA00


Safety Zone; Arkansas River, Little Rock, AR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Arkansas River beginning at mile marker 118.6 and 
ending at mile marker 119.6. The safety zone is necessary to protect 
persons, property, and infrastructure from potential damage and safety 
hazards associated with the demolition of the Broadway Bridge. This 
rulemaking would impose a speed restriction and prohibit persons and 
vessels from entering the safety zone area during certain operations 
unless authorized by the Captain of the Port Memphis or a designated 
representative.

DATES: This rule is effective from 7 a.m. on October 1, 2016 through 10 
p.m. on November 1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0885 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 Todd Manow, Sector Lower Mississippi River 
Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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

    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. Although the Coast Guard received initial 
notification of this planned bridge demolition in February of the 
previous year, the dates of each phase of demolition were not finalized 
and submitted until August 29, 2016. Immediate action is needed to 
respond to potential safety hazards related to a bridge demolition on 
or over this navigable waterway. It is impracticable and contrary to 
the public interest to publish an NPRM because we must establish this 
safety zone by October 1, 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 respond to the potential safety hazards 
associated with demolition of the Broadway Bridge.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with a 
bridge demolition starting October 1, 2016 will be a safety concern for 
anyone desiring to transit this section of the Arkansas River. This 
rule is needed to protect personnel, vessels, and infrastructure in the 
navigable waters within the safety zone while bridge demolition is 
occurring.

IV. Discussion of the Rule

    This rule establishes a safety zone from 7 a.m. on October 1, 2016 
through 10 p.m. on November 1, 2016. The safety zone will cover all 
navigable waters within one half mile on either side of the Broadway 
Bridge. Vessels will be prohibited from entering the safety zone from 
30 minutes prior to, until 30 minutes after, any blasting or large-
scale removal operation that takes place on the Broadway Bridge; 
designated representatives will be on-scene to stop or reroute traffic 
during these evolutions. No vessel or person will be permitted to enter 
the safety zone without obtaining permission from the COTP or a 
designated representative. During the entire effective period of this 
safety zone, regardless of operations, all vessel traffic will be 
required to maintain slowest speeds for safe navigation; marker buoys 
will be placed informing waterway users of a no-wake zone. This safety 
zone is intended to protect personnel, vessels, and infrastructure in 
these navigable waters while the bridge is being demolished.

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 and 
location of the safety zone, a one-mile section of the Arkansas River 
in the vicinity of Little Rock, AR. Although in effect from October 1, 
2016 until November 1, 2016, traffic will only be excluded from this 
safety zone from 30 minutes before until 30 minutes after any blasting 
or large-scale removal operation that takes place on the Broadway 
Bridge. During periods of non-exclusion, vessel traffic will be allowed 
to transit at slowest speeds for safe navigation through this safety 
zone. 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 certifies under 5 U.S.C.

[[Page 65890]]

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 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 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 month-long safety zone limiting vessel speed and 
intermittently prohibiting entry into a one-mile area of the Arkansas 
River adjacent to the Broadway Bridge during demolition operations. 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 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, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Temporary Sec.  [thinsp]165.35T08-0885 is added to read as follows:


Sec.  [thinsp]165.35T08-0885   Safety Zone; Arkansas River; Little 
Rock, AR.

    (a) Location. All waters of the Arkansas River beginning at mile 
marker 118.6 and ending at mile marker 119.6 in the vicinity of Little 
Rock, AR.
    (b) Periods of enforcement. This temporary safety zone will be 
enforced from 7 a.m. on October 1, 2016 through 10 p.m. on November 1, 
2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  [thinsp]165.23 of this part, entry into this area during blasting 
or large-scale removal operations is prohibited unless authorized by 
the COTP or a designated representative. All persons and vessels 
permitted to deviate from the safety zone requirements, as well as 
enter the restricted area must transit at the slowest safe speed and 
comply with all lawful directions issued by the COTP or a designated 
representative.
    (2) Buoys marked ``No-Wake'' will be placed along the navigation 
channel while this safety zone is in effect.
    (3) Persons or vessels requiring entry into or passage through this 
safety zone during prohibited entry periods must request permission 
from the COTP or a designated representative. They may be contacted on 
VHF Channel 16 or at 1-800-777-2784.
    (4) A ``designated representative'' of the COTP is any Coast Guard 
commissioned, warrant, or petty officer, or a Federal, State, or local 
law enforcement officer designated by the COTP to act on his behalf.
    (d) Informational broadcasts. The COTP Memphis or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone, as well as any 
changes in the dates and times of enforcement.


[[Page 65891]]


    Dated: September 20, 2016.
J.L. Adams,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Memphis, Tennessee.
[FR Doc. 2016-23122 Filed 9-23-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations                                         65889

                                                DEPARTMENT OF HOMELAND                                  authorizes an agency to issue a rule                  regardless of operations, all vessel traffic
                                                SECURITY                                                without prior notice and opportunity to               will be required to maintain slowest
                                                                                                        comment when the agency for good                      speeds for safe navigation; marker buoys
                                                Coast Guard                                             cause finds that those procedures are                 will be placed informing waterway
                                                                                                        ‘‘impracticable, unnecessary, or contrary             users of a no-wake zone. This safety
                                                33 CFR Part 165                                         to the public interest.’’ Under 5 U.S.C.              zone is intended to protect personnel,
                                                [Docket Number USCG–2016–0885]
                                                                                                        553(b)(B), the Coast Guard finds that                 vessels, and infrastructure in these
                                                                                                        good cause exists for not publishing a                navigable waters while the bridge is
                                                RIN 1625–AA00                                           notice of proposed rulemaking (NPRM)                  being demolished.
                                                                                                        with respect to this rule. Although the
                                                Safety Zone; Arkansas River, Little                                                                           V. Regulatory Analyses
                                                                                                        Coast Guard received initial notification
                                                Rock, AR                                                of this planned bridge demolition in                    We developed this rule after
                                                                                                        February of the previous year, the dates              considering numerous statutes and
                                                AGENCY:    Coast Guard, DHS.                                                                                  Executive orders related to rulemaking.
                                                                                                        of each phase of demolition were not
                                                ACTION:   Temporary final rule.                         finalized and submitted until August 29,              Below we summarize our analyses
                                                                                                        2016. Immediate action is needed to                   based on a number of these statutes and
                                                SUMMARY:   The Coast Guard is
                                                                                                        respond to potential safety hazards                   Executive orders, and we discuss First
                                                establishing a temporary safety zone for
                                                                                                        related to a bridge demolition on or over             Amendment rights of protestors.
                                                all waters of the Arkansas River
                                                beginning at mile marker 118.6 and                      this navigable waterway. It is                        A. Regulatory Planning and Review
                                                ending at mile marker 119.6. The safety                 impracticable and contrary to the public
                                                                                                        interest to publish an NPRM because we                   Executive Orders 12866 and 13563
                                                zone is necessary to protect persons,                                                                         direct agencies to assess the costs and
                                                property, and infrastructure from                       must establish this safety zone by
                                                                                                        October 1, 2016.                                      benefits of available regulatory
                                                potential damage and safety hazards                                                                           alternatives and, if regulation is
                                                                                                           We are issuing this rule, and under 5
                                                associated with the demolition of the                                                                         necessary, to select regulatory
                                                                                                        U.S.C. 553(d)(3), the Coast Guard finds
                                                Broadway Bridge. This rulemaking                                                                              approaches that maximize net benefits.
                                                                                                        that good cause exists for making it
                                                would impose a speed restriction and                                                                          Executive Order 13563 emphasizes the
                                                                                                        effective less than 30 days after
                                                prohibit persons and vessels from                                                                             importance of quantifying both costs
                                                                                                        publication in the Federal Register.
                                                entering the safety zone area during                                                                          and benefits, of reducing costs, of
                                                                                                        Delaying the effective date of this rule
                                                certain operations unless authorized by                 would be contrary to public interest                  harmonizing rules, and of promoting
                                                the Captain of the Port Memphis or a                    because immediate action is needed to                 flexibility. This rule has not been
                                                designated representative.                              respond to the potential safety hazards               designated a ‘‘significant regulatory
                                                DATES: This rule is effective from 7 a.m.               associated with demolition of the                     action,’’ under Executive Order 12866.
                                                on October 1, 2016 through 10 p.m. on                   Broadway Bridge.                                      Accordingly, it has not been reviewed
                                                November 1, 2016.                                                                                             by the Office of Management and
                                                                                                        III. Legal Authority and Need for Rule                Budget.
                                                ADDRESSES: To view documents
                                                mentioned in this preamble as being                        The Coast Guard is issuing this rule                  This regulatory action determination
                                                available in the docket, go to http://                  under authority in 33 U.S.C. 1231. The                is based on the size and location of the
                                                www.regulations.gov, type USCG–2016–                    COTP has determined that potential                    safety zone, a one-mile section of the
                                                0885 in the ‘‘SEARCH’’ box and click                    hazards associated with a bridge                      Arkansas River in the vicinity of Little
                                                ‘‘SEARCH.’’ Click on Open Docket                        demolition starting October 1, 2016 will              Rock, AR. Although in effect from
                                                Folder on the line associated with this                 be a safety concern for anyone desiring               October 1, 2016 until November 1, 2016,
                                                rule.                                                   to transit this section of the Arkansas               traffic will only be excluded from this
                                                FOR FURTHER INFORMATION CONTACT: If
                                                                                                        River. This rule is needed to protect                 safety zone from 30 minutes before until
                                                you have questions on this rule, call or                personnel, vessels, and infrastructure in             30 minutes after any blasting or large-
                                                email Petty Officer Todd Manow, Sector                  the navigable waters within the safety                scale removal operation that takes place
                                                Lower Mississippi River Prevention                      zone while bridge demolition is                       on the Broadway Bridge. During periods
                                                Department, U.S. Coast Guard;                           occurring.                                            of non-exclusion, vessel traffic will be
                                                telephone 901–521–4813, email                                                                                 allowed to transit at slowest speeds for
                                                                                                        IV. Discussion of the Rule
                                                Todd.M.Manow@uscg.mil.                                                                                        safe navigation through this safety zone.
                                                                                                           This rule establishes a safety zone                Moreover, the Coast Guard will issue
                                                SUPPLEMENTARY INFORMATION:                              from 7 a.m. on October 1, 2016 through                Broadcast Notice to Mariners via VHF–
                                                I. Table of Abbreviations                               10 p.m. on November 1, 2016. The                      FM marine channel 16 about the zone
                                                                                                        safety zone will cover all navigable                  and the rule allows vessels to seek
                                                CFR Code of Federal Regulations                         waters within one half mile on either
                                                COTP Captain of the Port
                                                                                                                                                              permission to enter the zone.
                                                                                                        side of the Broadway Bridge. Vessels
                                                DHS Department of Homeland Security                                                                           B. Impact on Small Entities
                                                FR Federal Register
                                                                                                        will be prohibited from entering the
                                                NPRM Notice of proposed rulemaking                      safety zone from 30 minutes prior to,                    The Regulatory Flexibility Act of
                                                § Section                                               until 30 minutes after, any blasting or               1980, 5 U.S.C. 601–612, as amended,
                                                U.S.C. United States Code                               large-scale removal operation that takes              requires Federal agencies to consider
                                                                                                        place on the Broadway Bridge;                         the potential impact of regulations on
                                                II. Background Information and                          designated representatives will be on-                small entities during rulemaking. The
                                                Regulatory History
mstockstill on DSK3G9T082PROD with RULES




                                                                                                        scene to stop or reroute traffic during               term ‘‘small entities’’ comprises small
                                                  The Coast Guard is issuing this                       these evolutions. No vessel or person                 businesses, not-for-profit organizations
                                                temporary rule without prior notice and                 will be permitted to enter the safety                 that are independently owned and
                                                opportunity to comment pursuant to                      zone without obtaining permission from                operated and are not dominant in their
                                                authority under section 4(a) of the                     the COTP or a designated                              fields, and governmental jurisdictions
                                                Administrative Procedure Act (APA) (5                   representative. During the entire                     with populations of less than 50,000.
                                                U.S.C. 553(b)). This provision                          effective period of this safety zone,                 The Coast Guard certifies under 5 U.S.C.


                                           VerDate Sep<11>2014   20:07 Sep 23, 2016   Jkt 238001   PO 00000   Frm 00037   Fmt 4700   Sfmt 4700   E:\FR\FM\26SER1.SGM   26SER1


                                                65890            Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations

                                                605(b) that this rule will not have a                   Federal Government and Indian tribes,                 List of Subjects in 33 CFR Part 165
                                                significant economic impact on a                        or on the distribution of power and
                                                                                                                                                                Harbors, Marine safety, Navigation
                                                substantial number of small entities.                   responsibilities between the Federal
                                                   While some owners or operators of                                                                          (water), Reporting and recordkeeping
                                                                                                        Government and Indian tribes. If you
                                                vessels intending to transit the safety                                                                       requirements, Security measures,
                                                                                                        believe this rule has implications for
                                                zone may be small entities, for the                                                                           Waterways.
                                                                                                        federalism or Indian tribes, please
                                                reasons stated in section V.A above, this               contact the person listed in the FOR                    For the reasons discussed in the
                                                rule will not have a significant                        FURTHER INFORMATION CONTACT section                   preamble, the Coast Guard amends 33
                                                economic impact on any vessel owner                     above.                                                CFR part 165 as follows:
                                                or operator.
                                                   Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       PART 165—REGULATED NAVIGATION
                                                Business Regulatory Enforcement                                                                               AREAS AND LIMITED ACCESS AREAS
                                                Fairness Act of 1996 (Pub. L. 104–121),                   The Unfunded Mandates Reform Act
                                                we want to assist small entities in                     of 1995 (2 U.S.C. 1531–1538) requires                 ■ 1. The authority citation for part 165
                                                understanding this rule. If the rule                    Federal agencies to assess the effects of             continues to read as follows:
                                                would affect your small business,                       their discretionary regulatory actions. In              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                organization, or governmental                           particular, the Act addresses actions                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                jurisdiction and you have questions                     that may result in the expenditure by a               Department of Homeland Security Delegation
                                                concerning its provisions or options for                State, local, or tribal government, in the            No. 0170.1.
                                                compliance, please contact the person                   aggregate, or by the private sector of
                                                                                                                                                              ■ 2. Temporary § 165.35T08–0885 is
                                                listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or
                                                                                                                                                              added to read as follows:
                                                CONTACT section.                                        more in any one year. Though this rule
                                                   Small businesses may send comments                   will not result in such expenditure, we               § 165.35T08–0885 Safety Zone; Arkansas
                                                on the actions of Federal employees                     do discuss the effects of this rule                   River; Little Rock, AR.
                                                who enforce, or otherwise determine                     elsewhere in this preamble.                             (a) Location. All waters of the
                                                compliance with, Federal regulations to                 F. Environment                                        Arkansas River beginning at mile
                                                the Small Business and Agriculture                                                                            marker 118.6 and ending at mile marker
                                                Regulatory Enforcement Ombudsman                           We have analyzed this rule under                   119.6 in the vicinity of Little Rock, AR.
                                                and the Regional Small Business                         Department of Homeland Security                          (b) Periods of enforcement. This
                                                Regulatory Fairness Boards. The                         Management Directive 023–01 and                       temporary safety zone will be enforced
                                                Ombudsman evaluates these actions                       Commandant Instruction M16475.lD,                     from 7 a.m. on October 1, 2016 through
                                                annually and rates each agency’s                        which guide the Coast Guard in                        10 p.m. on November 1, 2016.
                                                responsiveness to small business. If you                complying with the National                              (c) Regulations. (1) In accordance with
                                                wish to comment on actions by                           Environmental Policy Act of 1969 (42                  the general regulations in § 165.23 of
                                                employees of the Coast Guard, call 1–                   U.S.C. 4321–4370f), and have                          this part, entry into this area during
                                                888–REG–FAIR (1–888–734–3247). The                      determined that this action is one of a               blasting or large-scale removal
                                                Coast Guard will not retaliate against                  category of actions that do not                       operations is prohibited unless
                                                small entities that question or complain                individually or cumulatively have a                   authorized by the COTP or a designated
                                                about this rule or any policy or action                 significant effect on the human                       representative. All persons and vessels
                                                of the Coast Guard.                                     environment. This rule involves a                     permitted to deviate from the safety
                                                C. Collection of Information                            month-long safety zone limiting vessel                zone requirements, as well as enter the
                                                                                                        speed and intermittently prohibiting                  restricted area must transit at the
                                                  This rule will not call for a new                     entry into a one-mile area of the                     slowest safe speed and comply with all
                                                collection of information under the                     Arkansas River adjacent to the                        lawful directions issued by the COTP or
                                                Paperwork Reduction Act of 1995 (44                     Broadway Bridge during demolition                     a designated representative.
                                                U.S.C. 3501–3520).                                      operations. It is categorically excluded                 (2) Buoys marked ‘‘No-Wake’’ will be
                                                D. Federalism and Indian Tribal                         from further review under paragraph                   placed along the navigation channel
                                                Governments                                             34(g) of Figure 2–1 of the Commandant                 while this safety zone is in effect.
                                                   A rule has implications for federalism               Instruction. An environmental analysis                   (3) Persons or vessels requiring entry
                                                under Executive Order 13132,                            checklist supporting this determination               into or passage through this safety zone
                                                Federalism, if it has a substantial direct              and a Categorical Exclusion                           during prohibited entry periods must
                                                effect on the States, on the relationship               Determination are available in the                    request permission from the COTP or a
                                                between the national government and                     docket where indicated under                          designated representative. They may be
                                                                                                        ADDRESSES. We seek any comments or                    contacted on VHF Channel 16 or at 1–
                                                the States, or on the distribution of
                                                power and responsibilities among the                    information that may lead to the                      800–777–2784.
                                                various levels of government. We have                   discovery of a significant environmental                 (4) A ‘‘designated representative’’ of
                                                analyzed this rule under that Order and                 impact from this rule.                                the COTP is any Coast Guard
                                                have determined that it is consistent                   G. Protest Activities                                 commissioned, warrant, or petty officer,
                                                with the fundamental federalism                                                                               or a Federal, State, or local law
                                                principles and preemption requirements                    The Coast Guard respects the First                  enforcement officer designated by the
                                                described in Executive Order 13132.                     Amendment rights of protesters.                       COTP to act on his behalf.
mstockstill on DSK3G9T082PROD with RULES




                                                   Also, this rule does not have tribal                 Protesters are asked to contact the                      (d) Informational broadcasts. The
                                                implications under Executive Order                      person listed in the FOR FURTHER                      COTP Memphis or a designated
                                                13175, Consultation and Coordination                    INFORMATION CONTACT section to                        representative will inform the public
                                                with Indian Tribal Governments,                         coordinate protest activities so that your            through broadcast notices to mariners of
                                                because it does not have a substantial                  message can be received without                       the enforcement period for the safety
                                                direct effect on one or more Indian                     jeopardizing the safety or security of                zone, as well as any changes in the dates
                                                tribes, on the relationship between the                 people, places or vessels.                            and times of enforcement.


                                           VerDate Sep<11>2014   20:07 Sep 23, 2016   Jkt 238001   PO 00000   Frm 00038   Fmt 4700   Sfmt 4700   E:\FR\FM\26SER1.SGM   26SER1


                                                                 Federal Register / Vol. 81, No. 186 / Monday, September 26, 2016 / Rules and Regulations                                        65891

                                                   Dated: September 20, 2016.                           SUPPLEMENTARY INFORMATION:                            ensued over a period of 60 days. The
                                                J.L. Adams,                                                                                                   Forest Service received 12 written
                                                                                                        I. Background
                                                Lieutenant Commander, U.S. Coast Guard,                                                                       comments through 10 letters, and all
                                                Acting Captain of the Port, Memphis,                       The Forest Service is issuing this final           were considered in the development of
                                                Tennessee.                                              rule to implement section 8105 of the                 this final rule.
                                                [FR Doc. 2016–23122 Filed 9–23–16; 8:45 am]             2008 Farm Bill (section 8105). Section                   This rule establishes Forest Service
                                                BILLING CODE 9110–04–P
                                                                                                        8105 has also been codified in Title 25               policy for providing Indian tribes with
                                                                                                        of the U.S. Code, chapter 32A—Cultural                trees, portions of trees, or forest
                                                                                                        and Heritage Cooperation Authority (25                products for traditional and cultural
                                                                                                        U.S.C. 3055—Forest Products for                       purposes. Based on the comments
                                                DEPARTMENT OF AGRICULTURE
                                                                                                        Traditional and Cultural Purposes).                   received on the ID during formal
                                                Forest Service                                          Subject to certain statutory limitations,             government-to-government
                                                                                                        section 8105 allows the Secretary of                  consultation, and those received during
                                                36 CFR Part 223                                         Agriculture to provide Indian tribes                  the proposed rulemaking, as well as the
                                                                                                        with trees, portions of trees, or forest              Agency’s experience using the ID to
                                                RIN 0596–AD00                                           products for traditional and cultural                 implement section 8105 over the last 7
                                                                                                        purposes. In this preamble to the final               years, the Agency is now publishing this
                                                Sale and Disposal of National Forest                    rule, the term ‘‘forest products’’ is used            final rule.
                                                System Timber; Forest Products for                      as a shorthand for ‘‘trees, portions of                  This final rule adds § 223.15 to 36
                                                Traditional and Cultural Purposes                       trees, or forest products’’. Specifically,            CFR part 223, subpart A. Section
                                                AGENCY:    Forest Service, USDA.                        section 8105(a) provides that the                     223.15(a) authorizes Regional Foresters
                                                ACTION:   Final rule.                                   Secretary may provide free of charge to               or designated Forest Officers to provide
                                                                                                        Indian tribes any trees, portions of trees,           trees, portions of trees, or forest
                                                SUMMARY:    The USDA Forest Service is                  or forest products from National Forest               products to Indian tribes free of charge
                                                implementing regulations under the                      System land for traditional and cultural              for traditional and cultural purposes.
                                                Food, Conservation, and Energy Act of                   purposes.                                             Section 223.15(b) restates the 2008 Farm
                                                2008 (hereinafter the ‘‘2008 Farm Bill’’).                 However, pursuant to section 8105(b),              Bill’s statutory definitions of ‘‘Indian
                                                This rule provides for the provision of                 Indian tribes are prohibited from using               tribe’’ and ‘‘traditional and cultural
                                                trees, portions of trees, or forest                     any trees, portions of trees, or forest               purpose,’’ and includes the Forest
                                                products from National Forest System                    products provided under section                       Services’ regulatory definition of ‘‘tribal
                                                lands, free of charge, to federally                     8105(a) for commercial purposes. While                officials.’’
                                                recognized Indian tribes (Indian tribes)                the 2008 Farm Bill does not define                       Sections 223.15(c) and (d) describe
                                                for traditional and cultural purposes.                  commercial purposes, it does define                   who can request trees, portions of trees,
                                                This rule implements section 8105 of                    Indian tribe and traditional and cultural             or forest products for traditional and
                                                the 2008 Farm Bill.                                     purpose. Section 8102(5) defines Indian               cultural purposes, and where those
                                                DATES: This rule is effective October 26,
                                                                                                        tribe as any Indian or Alaska Native                  requests should be directed. Tribal
                                                2016.                                                   tribe, band, nation, pueblo, village, or              officials should submit requests for
                                                                                                        other community the name of which is                  trees, portions of trees, or forest
                                                ADDRESSES: Information on this final                    included on a list published by the                   products to their local Forest Service
                                                rule may be obtained via written request                Secretary of the Interior pursuant to                 District Ranger’s office for routing to the
                                                addressed to Director, Forest                           section 104 of the Federally Recognized               appropriate designated authority. In
                                                Management Staff, USDA Forest                           Indian Tribe List Act of 1994 (25 U.S.C.              addition, tribal officials are encouraged
                                                Service, Mail Stop 1103, 1400                           479a–1). In addition, per section                     to explain their requests to the Regional
                                                Independence Avenue SW.,                                8102(9), traditional and cultural                     Forester or designated Forest Officer,
                                                Washington, DC 20250 or by email to                     purpose, with respect to a definable use,             and if necessary, how the request fits a
                                                FarmBillForestProductsRule@fs.fed.us.                   area, or practice, means that the use,                traditional and cultural purpose.
                                                The public may inspect comments                         area, or practice is identified by an                    A designated Forest Officer is an
                                                previously received at the Office of the                Indian tribe as traditional or cultural               individual whom the Regional Forester
                                                Director, Forest Management Staff,                      because of the long-established                       has granted written authority to provide
                                                Sidney Yates Building, Third Floor SW                   significance or ceremonial nature of the              products under § 223.15. Currently,
                                                Wing, 201 14th Street SW., Washington,                  use, area, or practice to the Indian tribe.           there is no limitation on the number of
                                                DC or via the world wide web/Internet                      On December 2, 2009, the Forest                    requests or authorizations per unit of a
                                                at http://www.fs.fed.us/                                Service published an Interim Directive                forest product or the number of requests
                                                forestmanagement/traditional_cultural/                  (ID) to the Forest Service Handbook                   or authorizations per Indian tribe. There
                                                index.shtml. Visitors are encouraged to                 (FSH) 2409.18 to implement section                    is currently no limitation on the amount
                                                call ahead to 202–205–1766 to facilitate                8105 of the 2008 Farm Bill. The ID was                of trees, portions of trees, or forest
                                                entry to the building.                                  reissued, without change, four times                  products that can be requested at any
                                                FOR FURTHER INFORMATION CONTACT: Joe                    (effective March 8, 2011 (ID 2409.18–                 one time. However, Forest Officers
                                                Reddan, Assistant Director, Forest                      2011–1), June 7, 2012 (ID 2409.18–                    cannot grant materials in excess of the
                                                Products, 202–557–6591 or Sharon                        2012–2), December 6, 2013 (ID 2409.18–                value limitations at § 223.15(e) in any
                                                Nygaard-Scott, Forest Service, Forest                   2013–3), and May 14, 2015 (ID 2409.18–                given fiscal year.
                                                Management Staff, 202–205–1766,                         2015–1), and remains in effect until                     Section 223.15(f) explains that the
mstockstill on DSK3G9T082PROD with RULES




                                                during normal business hours.                           November 14, 2016. This final rule will               Forest Service may condition or deny
                                                Individuals who use telecommunication                   replace the Interim Directive, which                  requests for trees, portions of trees, or
                                                devices for the deaf (TDD) may call the                 will be entered in FSH 2409.18, chapter               forest products under § 223.15. Finally,
                                                Federal Information Relay Service                       80, section 82.5.                                     § 223.15(g) provides that all decisions
                                                (FIRS) at 1–800–877–8339 between 8                         The proposed rule was published in                 made under § 223.15 must comply with
                                                a.m. and 8 p.m., Eastern Standard Time,                 the Federal Register on July 31, 2014                 the National Forest Management Act,
                                                Monday through Friday.                                  (79 FR 44327), and a comment period                   relevant land management plans, the


                                           VerDate Sep<11>2014   20:07 Sep 23, 2016   Jkt 238001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\26SER1.SGM   26SER1



Document Created: 2018-02-09 13:22:51
Document Modified: 2018-02-09 13:22:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7 a.m. on October 1, 2016 through 10 p.m. on November 1, 2016.
ContactIf you have questions on this rule, call or email Petty Officer Todd Manow, Sector Lower Mississippi River Prevention Department, U.S. Coast Guard; telephone 901-521-4813, email [email protected]
FR Citation81 FR 65889 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR