81_FR_68104 81 FR 67913 - Safety Zone; 100th Ore Dock Anniversary Celebration; Chequamegon Bay, Ashland, WI

81 FR 67913 - Safety Zone; 100th Ore Dock Anniversary Celebration; Chequamegon Bay, Ashland, WI

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 191 (October 3, 2016)

Page Range67913-67915
FR Document2016-23712

The Coast Guard is establishing a safety zone within Chequamegon Bay in Ashland, WI. This safety zone is intended to restrict vessels from specified waters in Chequamegon Bay during the 100th Ore Dock Anniversary Celebration Fireworks Display. This safety zone is necessary to protect spectators from the hazards associated with the fireworks display.

Federal Register, Volume 81 Issue 191 (Monday, October 3, 2016)
[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Rules and Regulations]
[Pages 67913-67915]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-23712]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0918]
RIN 1625-AA00


Safety Zone; 100th Ore Dock Anniversary Celebration; Chequamegon 
Bay, Ashland, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a safety zone within 
Chequamegon Bay in Ashland, WI. This safety zone is intended to 
restrict vessels from specified waters in Chequamegon Bay during the 
100th Ore Dock Anniversary Celebration Fireworks Display. This safety 
zone is necessary to protect spectators from the hazards associated 
with the fireworks display.

DATES: This rule is effective from 6:30 p.m. through 7:30 p.m. on 
October 1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0918 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 Lieutenant Junior Grade John Mack, Waterways management, 
MSU Duluth, Coast Guard; telephone 218-725-3818, email 
[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

    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 doing so would be impracticable and 
contrary to the public interest. The event sponsor notified the Coast 
Guard on September 26, 2016 that the fireworks display will be held on 
October 1, 2016, accordingly there is insufficient time to accommodate 
the comment period. Thus, delaying the effective date of this rule to 
wait for the comment period to run would be both impracticable and 
contrary to public interest because it would inhibit the Coast Guard's 
ability to protect spectators and vessels from the hazards associated 
with the event.
    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 as it would 
inhibit the Coast Guard's ability to protect spectator and vessels from 
the hazards associated with the event.

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 Duluth (COTP) has determined that 
potential hazards associated with fireworks displays starting after 
6:30 p.m. on October 1, 2016 will be a safety concern for anyone within 
a 420-foot radius of the launch site. The likely combination of 
recreational vessels, darkness punctuated by bright flashes of light, 
and fireworks debris falling into the water presents risks of 
collisions which could result in serious injuries or fatalities. This 
rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone from 6:30 p.m. through 7:30 
p.m. October 1, 2016. The safety zone will cover all navigable waters 
within an area bounded by a circle with a 420-foot radius of the 
fireworks display launching site located in Ashland, WI at coordinates 
46[deg]36'02'' N., 090[deg]52'49'' W. The duration of the zone is 
intended to protect personnel, vessels, and the marine environment in 
these navigable waters during the fireworks display. No vessel or 
person will be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative.

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

[[Page 67914]]

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-year of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of Superior Bay in Superior, WI for 1 
hour and during a time of year when commercial vessel traffic is 
normally low. 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. 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting no more than 1 hour that will 
prohibit entry within a 420-foot radius from where a fireworks display 
will be conducted. 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 record 
keeping 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. Add Sec.  165.T09-0918 to read as follows:


Sec.  165.T09-0834  Safety zone; 100th Ore Dock Anniversary Celebration 
Fireworks Display, Chequamegon Bay, Ashland, WI.

    (a) Location. All waters of Chequamegon Bay within an area bounded 
by a circle with a 420-foot radius at position 46[deg]36'02'' N., 
090[deg]52'49'' W.
    (b) Effective period. This safety zone is effective from 6:30 p.m. 
through 7:30 p.m. on October 1, 2016.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of 
this part, entry into, transiting, or anchoring within this safety zone 
is prohibited unless authorized by the Captain of the Port Duluth, or 
his designated on-scene representative.

[[Page 67915]]

    (2) This safety zone is closed to all vessel traffic, except as may 
be permitted by the Captain of the Port Duluth or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port is 
any Coast Guard commissioned, warrant, or petty officer who has been 
designated by the Captain of the Port to act on his behalf. The on-
scene representative of the Captain of the Port will be aboard either a 
Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port or 
his designated on-scene representative may be contacted via VHF Channel 
16.
    (4) Vessel operators desiring to enter or operate within the safety 
zone shall contact the Captain of the Port Duluth or his on-scene 
representative to obtain permission to do so. Vessel operators given 
permission to enter or operate in the safety zone must comply with all 
directions given to them by the Captain of the Port Duluth or his on-
scene representative.

    Dated: September 27, 2016.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2016-23712 Filed 9-30-16; 8:45 am]
BILLING CODE 9110-04-P



                                                               Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations                                         67913

                                             § 165.T08–0912 Safety Zone; Allegheny                   Dock Anniversary Celebration                          publication in the Federal Register.
                                             River, Ohio River and Monogahela River,                 Fireworks Display. This safety zone is                Delaying the effective date of this rule
                                             Pittsburgh, PA.                                         necessary to protect spectators from the              would be contrary to public interest as
                                               (a) Location. The following area is a                 hazards associated with the fireworks                 it would inhibit the Coast Guard’s
                                             safety zone: Pittsburgh Steelers                        display.                                              ability to protect spectator and vessels
                                             Fireworks; Allegheny River mile 0.0–                                                                          from the hazards associated with the
                                                                                                     DATES: This rule is effective from 6:30
                                             0.25, Ohio River mile 0.0–0.1,                                                                                event.
                                                                                                     p.m. through 7:30 p.m. on October 1,
                                             Monongahela River mile 0.0–0.1,
                                                                                                     2016.                                                 III. Legal Authority and Need for Rule
                                             Pittsburgh, PA
                                               (b) Enforcement. This safety zone                     ADDRESSES:   To view documents                           The Coast Guard is issuing this rule
                                             described in (a) above will be enforced                 mentioned in this preamble as being                   under authority in 33 U.S.C. 1231. The
                                             from 10 p.m. until 11:30 p.m. on                        available in the docket, go to http://                Captain of the Port Duluth (COTP) has
                                             October 1, 2016.                                        www.regulations.gov, type USCG–2016–                  determined that potential hazards
                                                (c) Regulations. (1) In accordance with              0918 in the ‘‘SEARCH’’ box and click                  associated with fireworks displays
                                             the general regulations in § 165.23 of                  ‘‘SEARCH.’’ Click on Open Docket                      starting after 6:30 p.m. on October 1,
                                             this part, entry into this zone is                      Folder on the line associated with this               2016 will be a safety concern for anyone
                                             prohibited unless authorized by the                     rule.                                                 within a 420-foot radius of the launch
                                             Captain of the Port Pittsburgh (COTP) or                FOR FURTHER INFORMATION CONTACT: If                   site. The likely combination of
                                             a designated representative.                            you have questions on this rule, call or              recreational vessels, darkness
                                                (2) Persons or vessels requiring entry               email Lieutenant Junior Grade John                    punctuated by bright flashes of light,
                                             into or passage through the zone must                   Mack, Waterways management, MSU                       and fireworks debris falling into the
                                             request permission from the COTP or a                   Duluth, Coast Guard; telephone 218–                   water presents risks of collisions which
                                             designated representative. The COTP                     725–3818, email John.V.Mack@uscg.mil.                 could result in serious injuries or
                                             representative may be contacted at 412–                 SUPPLEMENTARY INFORMATION:                            fatalities. This rule is needed to protect
                                             221–0807.                                                                                                     personnel, vessels, and the marine
                                                (3) All persons and vessels shall                    I. Table of Abbreviations                             environment in the navigable waters
                                             comply with the instructions of the                     CFR Code of Federal Regulations                       within the safety zone during the
                                             COTP or their designated representative.                DHS Department of Homeland Security                   fireworks display.
                                             Designated COTP representatives                         FR Federal Register
                                                                                                     NPRM Notice of proposed rulemaking                    IV. Discussion of the Rule
                                             include United States Coast Guard
                                             commissioned, warrant, and petty                        § Section                                                This rule establishes a safety zone
                                             officers.                                               U.S.C. United States Code                             from 6:30 p.m. through 7:30 p.m.
                                                (d) Information broadcasts. The COTP                 II. Background Information and                        October 1, 2016. The safety zone will
                                             or a designated representative will                     Regulatory History                                    cover all navigable waters within an
                                             inform the public through broadcast                                                                           area bounded by a circle with a 420-foot
                                                                                                        The Coast Guard is issuing this                    radius of the fireworks display
                                             notices to mariners of the enforcement
                                                                                                     temporary rule without prior notice and               launching site located in Ashland, WI at
                                             period for the safety zone as well as any
                                                                                                     opportunity to comment pursuant to                    coordinates 46°36′02″ N., 090°52′49″ W.
                                             changes in the dates and times of
                                                                                                     authority under section 4(a) of the                   The duration of the zone is intended to
                                             enforcement.
                                                                                                     Administrative Procedure Act (APA) (5                 protect personnel, vessels, and the
                                             L. McClain, Jr.,                                        U.S.C. 553(b)). This provision                        marine environment in these navigable
                                             Commander, U.S. Coast Guard, Captain of                 authorizes an agency to issue a rule                  waters during the fireworks display. No
                                             the Port Pittsburgh.                                    without prior notice and opportunity to               vessel or person will be permitted to
                                             [FR Doc. 2016–23783 Filed 9–30–16; 8:45 am]             comment when the agency for good                      enter the safety zone without obtaining
                                             BILLING CODE 9110–04–P                                  cause finds that those procedures are                 permission from the COTP or a
                                                                                                     ‘‘impracticable, unnecessary, or contrary             designated representative.
                                                                                                     to the public interest.’’ Under 5 U.S.C.
                                             DEPARTMENT OF HOMELAND                                  553(b)(B), the Coast Guard finds that                 V. Regulatory Analyses
                                             SECURITY                                                good cause exists for not publishing a                  We developed this rule after
                                                                                                     notice of proposed rulemaking (NPRM)                  considering numerous statutes and
                                             Coast Guard                                             with respect to this rule because doing               Executive order related to rulemaking.
                                                                                                     so would be impracticable and contrary                Below we summarize our analyses
                                             33 CFR Part 165                                         to the public interest. The event sponsor             based on a number of these statutes and
                                             [Docket Number USCG–2016–0918]                          notified the Coast Guard on September                 Executive orders, and we discuss First
                                                                                                     26, 2016 that the fireworks display will              Amendment rights of protestors.
                                             RIN 1625–AA00                                           be held on October 1, 2016, accordingly
                                                                                                     there is insufficient time to                         A. Regulatory Planning and Review
                                             Safety Zone; 100th Ore Dock
                                                                                                     accommodate the comment period.                          Executive Orders 12866 and 13563
                                             Anniversary Celebration;
                                                                                                     Thus, delaying the effective date of this             direct agencies to assess the costs and
                                             Chequamegon Bay, Ashland, WI
                                                                                                     rule to wait for the comment period to                benefits of available regulatory
                                             AGENCY:    Coast Guard, DHS.                            run would be both impracticable and                   alternatives and, if regulation is
                                             ACTION:   Temporary final rule.                         contrary to public interest because it                necessary, to select regulatory
                                                                                                                                                           approaches that maximize net benefits.
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                                                                                                     would inhibit the Coast Guard’s ability
                                             SUMMARY:   The Coast Guard is                           to protect spectators and vessels from                Executive Order 13563 emphasizes the
                                             establishing a safety zone within                       the hazards associated with the event.                importance of quantifying both costs
                                             Chequamegon Bay in Ashland, WI. This                       We are issuing this rule, and under 5              and benefits, of reducing costs, of
                                             safety zone is intended to restrict                     U.S.C. 553(d)(3), the Coast Guard finds               harmonizing rules, and of promoting
                                             vessels from specified waters in                        that good cause exists for making it                  flexibility. This rule has not been
                                             Chequamegon Bay during the 100th Ore                    effective less than 30 days after                     designated a ‘‘significant regulatory


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                                             67914             Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations

                                             action,’’ under Executive Order 12866.                  small entities that question or complain              significant effect on the human
                                             Accordingly, it has not been reviewed                   about this rule or any policy or action               environment. This rule involves a safety
                                             by the Office of Management and                         of the Coast Guard.                                   zone lasting no more than 1 hour that
                                             Budget.                                                                                                       will prohibit entry within a 420-foot
                                                This regulatory action determination                 C. Collection of Information
                                                                                                                                                           radius from where a fireworks display
                                             is based on the size, location, duration,                 This rule will not call for a new                   will be conducted. It is categorically
                                             and time-of-year of the safety zone.                    collection of information under the                   excluded from further review under
                                             Vessel traffic will be able to safely                   Paperwork Reduction Act of 1995 (44                   paragraph 34(g) of Figure 2–1 of the
                                             transit around this safety zone which                   U.S.C. 3501–3520).                                    Commandant Instruction. An
                                             will impact a small designated area of                                                                        environmental analysis checklist
                                                                                                     D. Federalism and Indian Tribal
                                             Superior Bay in Superior, WI for 1 hour                                                                       supporting this determination and a
                                                                                                     Governments
                                             and during a time of year when                                                                                Categorical Exclusion Determination are
                                             commercial vessel traffic is normally                      A rule has implications for federalism             available in the docket where indicated
                                             low. Moreover, the Coast Guard will                     under Executive Order 13132,                          under ADDRESSES. We seek any
                                             issue Broadcast Notice to Mariners via                  Federalism, if it has a substantial direct            comments or information that may lead
                                             VHF–FM marine channel 16 about the                      effect on the States, on the relationship             to the discovery of a significant
                                             zone and the rule allows vessels to seek                between the national government and                   environmental impact from this rule.
                                             permission to enter the zone.                           the States, or on the distribution of
                                                                                                     power and responsibilities among the                  G. Protest Activities
                                             B. Impact on Small Entities                             various levels of government. We have                   The Coast Guard respects the First
                                                The Regulatory Flexibility Act of                    analyzed this rule under that Order and               Amendment rights of protesters.
                                             1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 Protesters are asked to contact the
                                             requires Federal agencies to consider                   with the fundamental federalism                       person listed in the FOR FURTHER
                                             the potential impact of regulations on                  principles and preemption requirements                INFORMATION CONTACT section to
                                             small entities during rulemaking. The                   described in Executive Order 13132.                   coordinate protest activities so that your
                                             term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               message can be received without
                                             businesses, not-for-profit organizations                implications under Executive Order                    jeopardizing the safety or security of
                                             that are independently owned and                        13175, Consultation and Coordination                  people, places or vessels.
                                             operated and are not dominant in their                  with Indian Tribal Governments,
                                             fields, and governmental jurisdictions                  because it does not have a substantial                List of Subjects in 33 CFR Part 165
                                             with populations of less than 50,000.                   direct effect on one or more Indian                     Harbors, Marine safety, Navigation
                                             The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               (water), Reporting and record keeping
                                             605(b) that this rule will not have a                   Federal Government and Indian tribes,                 requirements, Security measures,
                                             significant economic impact on a                        or on the distribution of power and                   Waterways.
                                             substantial number of small entities.                   responsibilities between the Federal                    For the reasons discussed in the
                                                While some owners or operators of                    Government and Indian tribes. If you                  preamble, the Coast Guard amends 33
                                             vessels intending to transit the safety                 believe this rule has implications for                CFR part 165 as follows:
                                             zone 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                  PART 165—REGULATED NAVIGATION
                                             rule will not have a significant                        FURTHER INFORMATION CONTACT section                   AREAS AND LIMITED ACCESS AREAS
                                             economic impact on any vessel owner                     above.
                                             or operator.                                                                                                  ■ 1. The authority citation for Part 165
                                                Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       continues to read as follows:
                                             Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                      Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                             Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                             we want to assist small entities in                     Federal agencies to assess the effects of             Department of Homeland Security Delegation
                                             understanding this rule. If the rule                    their discretionary regulatory actions. In            No. 0170.1.
                                             would affect your small business,                       particular, the Act addresses actions                 ■ 2. Add § 165.T09–0918 to read as
                                             organization, or governmental                           that may result in the expenditure by a               follows:
                                             jurisdiction and you have questions                     State, local, or tribal government, in the
                                             concerning its provisions or options for                aggregate, or by the private sector of                § 165.T09–0834 Safety zone; 100th Ore
                                             compliance, please contact the person                   $100,000,000 (adjusted for inflation) or              Dock Anniversary Celebration Fireworks
                                             listed in the FOR FURTHER INFORMATION                   more in any one year. Though this rule                Display, Chequamegon Bay, Ashland, WI.
                                             CONTACT section.                                        will not result in such an expenditure,                  (a) Location. All waters of
                                                Small businesses may send comments                   we do discuss the effects of this rule                Chequamegon Bay within an area
                                             on the actions of Federal employees                     elsewhere in this preamble.                           bounded by a circle with a 420-foot
                                             who enforce, or otherwise determine                                                                           radius at position 46°36′02″ N.,
                                             compliance with, Federal regulations to                 F. Environment                                        090°52′49″ W.
                                             the Small Business and Agriculture                        We have analyzed this rule under                       (b) Effective period. This safety zone
                                             Regulatory Enforcement Ombudsman                        Department of Homeland Security                       is effective from 6:30 p.m. through 7:30
                                             and the Regional Small Business                         Management Directive 023–01 and                       p.m. on October 1, 2016.
                                             Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                        (c) Regulations.
                                             Ombudsman evaluates these actions                       which guide the Coast Guard in                           (1) In accordance with the general
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                                             annually and rates each agency’s                        complying with the National                           regulations in § 165.23 of this part, entry
                                             responsiveness to small business. If you                Environmental Policy Act of 1969 (42                  into, transiting, or anchoring within this
                                             wish to comment on actions by                           U.S.C. 4321–4370f), and have                          safety zone is prohibited unless
                                             employees of the Coast Guard, call 1–                   determined that this action is one of a               authorized by the Captain of the Port
                                             888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                       Duluth, or his designated on-scene
                                             Coast Guard will not retaliate against                  individually or cumulatively have a                   representative.


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                                                               Federal Register / Vol. 81, No. 191 / Monday, October 3, 2016 / Rules and Regulations                                          67915

                                               (2) This safety zone is closed to all                 DATES:  This direct final rule will be                incorporate Federal permitting
                                             vessel traffic, except as may be                        effective December 2, 2016, without                   requirements to address new
                                             permitted by the Captain of the Port                    further notice, unless EPA receives                   construction projects that emit 100,000
                                             Duluth or his designated on-scene                       adverse comment by November 2, 2016.                  tons per year or more of greenhouse
                                             representative.                                         If EPA receives adverse comment, we                   gases, as well as clarifying some rule
                                               (3) The ‘‘on-scene representative’’ of                will publish a timely withdrawal of the               text.
                                             the Captain of the Port is any Coast                    direct final rule in the Federal Register               In the third request dated August 31,
                                             Guard commissioned, warrant, or petty                   informing the public that the rule will               2012, the State of Missouri asked that
                                             officer who has been designated by the                  not take effect.                                      EPA amend the SIP to include recently
                                             Captain of the Port to act on his behalf.               ADDRESSES: Submit your comments,                      promulgated revisions to the state rule
                                             The on-scene representative of the                      identified by Docket ID No. EPA–R07–                  10 CSR 10–6.065 in order to defer for a
                                             Captain of the Port will be aboard either               OAR–2016–0529, to http://                             period of three years the application of
                                             a Coast Guard or Coast Guard Auxiliary                  www.regulations.gov. Follow the online                Title V permitting to carbon dioxide
                                             vessel. The Captain of the Port or his                  instructions for submitting comments.                 emissions from biogenic sources. In
                                             designated on-scene representative may                  Once submitted, comments cannot be                    addition to the biogenic deferral
                                             be contacted via VHF Channel 16.                        edited or removed from Regulations.gov.               language, Missouri included non-
                                               (4) Vessel operators desiring to enter                EPA may publish any comment received                  substantive edits and minor
                                             or operate within the safety zone shall                 to its public docket. Do not submit                   administrative rule revisions in this
                                             contact the Captain of the Port Duluth                                                                        submission. For example, Missouri
                                                                                                     electronically any information you
                                             or his on-scene representative to obtain                                                                      relabeled 10 CSR 10–6.065(3)(A)5 to 10
                                                                                                     consider to be Confidential Business
                                             permission to do so. Vessel operators                                                                         CSR 10–6.065(3)(B), and reworded the
                                                                                                     Information (CBI) or other information
                                             given permission to enter or operate in                                                                       following in that same subsection ‘‘40
                                                                                                     whose disclosure is restricted by statute.
                                             the safety zone must comply with all                                                                          CFR part 63, subpart EEE’’ to ‘‘40 CFR
                                                                                                     Multimedia submissions (audio, video,
                                             directions given to them by the Captain                                                                       63, subpart EEE.’’
                                                                                                     etc.) must be accompanied by a written
                                             of the Port Duluth or his on-scene
                                                                                                     comment. The written comment is                         On July 14, 2016, the State of
                                             representative.
                                                                                                     considered the official comment and                   Missouri modified the 2011 and 2012
                                               Dated: September 27, 2016.                            should include discussion of all points               requests in a letter to EPA. The letter
                                             E.E. Williams,                                          you wish to make. EPA will generally                  addresses the court directed revisions to
                                             Commander, U.S. Coast Guard, Captain of                 not consider comments or comment                      EPA’s GHG permitting provisions.
                                             the Port Duluth.                                        contents located outside of the primary               Specifically, in the July 14, 2016, letter,
                                             [FR Doc. 2016–23712 Filed 9–30–16; 8:45 am]             submission (i.e., on the web, cloud, or               Missouri identified regulatory language
                                             BILLING CODE 9110–04–P                                  other file sharing system). For                       of the earlier submittals that it was
                                                                                                     additional submission methods, the full               withdrawing its request to EPA to
                                                                                                     EPA public comment policy,                            approve into the SIP and notified EPA
                                             ENVIRONMENTAL PROTECTION                                information about CBI or multimedia                   that the state will update its rules in the
                                             AGENCY                                                  submissions, and general guidance on                  future to remove those provisions. The
                                                                                                     making effective comments, please visit               State explained that these changes to
                                             40 CFR Parts 52 and 70                                  http://www2.epa.gov/dockets/                          their earlier submittals are a result of
                                             [EPA–R07–OAR–2016–0529; FRL–9953–34–                    commenting-epa-dockets.                               court decisions by the Supreme Court
                                             Region 7]                                               FOR FURTHER INFORMATION CONTACT:                      (Utility Air Regulatory Group v. EPA,
                                                                                                     Larry Gonzalez at (913) 551–7041, or by               June 23, 2014) and the U.S. Court of
                                             Approval of Missouri’s Air Quality                      email at gonzalez.larry@epa.gov.                      Appeals for the District of Columbia
                                             Implementation Plans and Operating                      SUPPLEMENTARY INFORMATION:                            (Coalition for Responsible Regulation,
                                             Permits Program; Greenhouse Gas                         Throughout this document ‘‘we,’’ ‘‘us,’’              Inc. et al. v. EPA, April 10, 2015), in
                                             Tailoring Rule and Non-Substantive                      and ‘‘our’’ refer to EPA. This section                which the courts vacated certain
                                             Definition and Language Changes                         provides additional information by                    permitting requirements that were
                                                                                                     addressing the following:                             included in Missouri’s August 8, 2011,
                                             AGENCY: Environmental Protection
                                                                                                                                                           submission. In the July 2016 submittal,
                                             Agency (EPA).                                           I. What is being addressed in this document?          the state clarified this earlier request to
                                             ACTION: Direct final rule.                              II. Have the requirements for approval of a
                                                                                                          SIP revision been met?
                                                                                                                                                           EPA as follows:
                                             SUMMARY:    Environmental Protection                    III. What action is EPA taking?                         (1) Missouri requested that in 10 CSR
                                             Agency (EPA) is taking direct final                                                                           10–6.060(8)(A), not include as part of
                                             action to approve revisions to the                      I. What is being addressed in this                    the Missouri SIP the phrase ‘‘including
                                             Missouri State Implementation Plan                      document?                                             the revision published at 75 FR 31606–
                                             (SIP) and the 40 CFR part 70 operating                     EPA is approving revisions to the                  07 (effective August 2, 2010).’’ Instead
                                             permits program. EPA is approving                       Missouri SIP and Operating Permits                    subsection (8)(A) will read ‘‘. . .
                                             revisions to two Missouri rule(s)                       Program requested from four separate                  promulgated as of July 1, 2009 are
                                             entitled, ‘‘Construction Permits                        requests. In the first request dated                  hereby incorporated . . .’’
                                             Required,’’ and ‘‘Operating Permits.’’                  August 8, 2011, the State of Missouri                   (2) Missouri requested that in 10 CSR
                                             This approval action is consistent with                 asked that EPA amend the SIP and the                  10–6.6065(2)(A)2., not include the
                                             the July 12, 2013, U.S. Court of Appeals                state’s operating permits program to                  words ‘‘Except that:’’ and do not include
                                             for the District of Columbia and the June                                                                     the subparagraphs (2)(A)2.A. and
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                     include rule revisions that incorporate
                                             23, 2014, U.S. Supreme Court actions                    Federal permitting requirements for                   (2)(A)2.B. as part of the Missouri SIP.
                                             regarding Greenhouse Gas Prevention of                  greenhouse gas emissions under state                    In addition, Missouri requested that
                                             Significant Deterioration and Title V                   rule 10 CSR 10–6.065.                                 EPA only include into the Missouri SIP
                                             Permitting. This action makes non-                         In the second request, also dated                  the non-substantive wording
                                             substantive changes to definitions, and                 August 8, 2011, the State of Missouri                 clarifications submitted on August 31,
                                             language clarifications.                                asked that EPA amend the SIP to                       2012, without the biogenic deferral


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Document Created: 2018-02-13 14:11:34
Document Modified: 2018-02-13 14:11:34
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 6:30 p.m. through 7:30 p.m. on October 1, 2016.
ContactIf you have questions on this rule, call or email Lieutenant Junior Grade John Mack, Waterways management, MSU Duluth, Coast Guard; telephone 218-725-3818, email [email protected]
FR Citation81 FR 67913 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Record Keeping Requirements; Security Measures and Waterways

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