81_FR_70555 81 FR 70358 - Safety Zone; Tennessee River, Knoxville, TN, MM TNR 646.9-647.1

81 FR 70358 - Safety Zone; Tennessee River, Knoxville, TN, MM TNR 646.9-647.1

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 197 (October 12, 2016)

Page Range70358-70360
FR Document2016-24642

The Coast Guard is establishing a temporary safety zone for all waters of the Tennessee River beginning at mile marker 646.9 and ending at mile marker 647.1, extending bank to bank. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazard during fireworks displays on or over the navigable waterway. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Ohio Valley or a designated representative.

Federal Register, Volume 81 Issue 197 (Wednesday, October 12, 2016)
[Federal Register Volume 81, Number 197 (Wednesday, October 12, 2016)]
[Rules and Regulations]
[Pages 70358-70360]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24642]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0845]
RIN 1625-AA00


Safety Zone; Tennessee River, Knoxville, TN, MM TNR 646.9-647.1

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Tennessee River beginning at mile marker 646.9 and 
ending at mile marker 647.1, extending bank to bank. This temporary 
safety zone is necessary to protect persons and property from potential 
damage and safety hazard during fireworks displays on or over the 
navigable waterway. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Ohio Valley or a designated representative.

DATES: This rule is effective without actual notice from October 12, 
2016 until November 19, 2016. For the purposes of enforcement, actual 
notice will be used from September 1, 2016 until October 12, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0845 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

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

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because the event sponsor submitted the event 
application on August 9, 2016. This late submission did not give the 
Coast Guard enough time to complete the full NPRM process. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by September 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 this rule 
would be contrary to public interest of ensuring the safety of 
spectators and vessels during the event. Immediate action is necessary 
to prevent possible loss of life and property during the hazards 
created by a barge-based fireworks display near and over the navigable 
waterway.

[[Page 70359]]

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Ohio Valley (COTP) has determined the 
need to protect persons, property, and infrastructure during the 
fireworks display taking place on the left descending bank of Tennessee 
River at mile marker 646.9 to 647.1 during University of Tennessee home 
football games. This rule is needed to protect personnel, vessels, and 
these navigable waters before, during, and after the fireworks display 
take place.

IV. Discussion of the Rule

    The Captain of the Port Ohio Valley is establishing this safety 
zone effective from September 1, 2016 through November 19, 2016, for 
all waters of the Tennessee River beginning at mile marker 646.9 and 
ending at mile marker 647.1. The periods of enforcement will be 30 
minutes prior to, during, and 30 minutes after any fireworks display 
that takes place on the left descending bank during University of 
Tennessee home football games. The Coast Guard was informed that there 
will be a total of seven football games that will have fireworks take 
place. Safety zone enforcement times will be announced via Broadcast 
Notice to Mariners (BNM), Local Notices to Mariners (LNM), or through 
other public notice and at least 12-24 hour notice will be provided 
before each enforcement period. Any deviations from this rule are 
prohibited unless specifically authorized by the COTP Ohio Valley, or a 
designated representative. Deviation requests will be considered and 
reviewed on a case-by-case basis. The COTP Ohio Valley may be contacted 
by telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.
    The duration of each safety zone enforcement period is intended to 
protect persons, property, and infrastructure from safety hazards 
associated with fireworks displays. No vessel or person would be 
permitted to enter the safety zone without obtaining permission from 
the COTP or a designated representative. The regulatory text we are 
establishing appears at the end of this document.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone.
    This safety zone prohibits transit on the Tennessee River from mile 
646.9 to mile 647.1, 30 minutes prior to, during, and 30 minutes after 
fireworks displays from the left descending bank during approximately 
seven University of Tennessee home football games from September 1, 
2016 through November 19, 2016. Broadcast Notices to Mariners and Local 
Notices to Mariners will also inform the community of the safety zone 
enforcement periods through BNM, LNM and other forms of public notice 
so that they may plan accordingly for each short enforcement period 
restricting transit. Vessel traffic may request permission from the 
COTP Ohio Valley or a designated representative to enter the restricted 
area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone area may be small entities, for the reasons stated in 
section V.A above this rule would not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

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

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In

[[Page 70360]]

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. 4321-4370(f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone that would prohibit entry to unauthorized 
vessels. It is categorically excluded from further review under 
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An 
environmental analysis checklist supporting this determination and a 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1231; 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.  165.35T08-0845 is added to read as follows:


Sec.  165.35T08-0845  Safety Zone; Tennessee River, Knoxville, TN.

    (a) Location. All waters of the Tennessee River beginning at mile 
marker 646.9 and ending at mile marker 647.1 Knoxville, TN.
    (b) Effective date. This rule is effective from September 1, 2016 
through November 19, 2016.
    (c) Periods of enforcement. This rule will be enforced from 30 
minutes prior to and 30 minutes after all fireworks displays from the 
left descending bank during University of Tennessee football games. The 
Captain of the Port Ohio Valley or a designated representative will 
inform the public through Broadcast Notice to Mariners (BNM), Local 
Notices to Mariners (LNM), or through other public notice and at least 
12-24 in advance of each enforcement period.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this area is prohibited unless 
authorized by the Captain of the Port Ohio Valley or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
area must request permission from the Captain of the Port Ohio Valley 
or a designated representative. U.S. Coast Guard Sector Ohio Valley may 
be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: September 1, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-24642 Filed 10-11-16; 8:45 am]
BILLING CODE 9110-04-P



                                                70358            Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations

                                                should be described on the basis of                       Dated: September 9, 2016.                            DATES:  This rule is effective without
                                                whether it is granted in order to service                Amanda C. Leiter,                                     actual notice from October 12, 2016
                                                or support either a State or a Federal                   Acting Assistant Secretary—Land and                   until November 19, 2016. For the
                                                lease. Therefore, a holder of a RUE (the                 Minerals Management.                                  purposes of enforcement, actual notice
                                                person to whom the RUE is granted) is                      For the reasons stated in the                       will be used from September 1, 2016
                                                correctly referred to as a ‘‘RUE holder                  preamble, BOEM amends 30 CFR part                     until October 12, 2016.
                                                for a State or Federal lease.’’                          556 as follows:                                       ADDRESSES:   To view documents
                                                III. Final Rule and Response to                                                                                mentioned in this preamble as being
                                                                                                         PART 556—LEASING OF SULFUR OR                         available in the docket, go to http://
                                                Comments                                                 OIL AND GAS AND BONDING                               www.regulations.gov, type USCG–2016–
                                                   BOEM received two comments on the                     REQUIREMENTS IN THE OUTER                             0845 in the ‘‘SEARCH’’ box and click
                                                                                                         CONTINENTAL SHELF
                                                proposed rule. One of those comments                                                                           ‘‘SEARCH.’’ Click on Open Docket
                                                was non-substantive, while the other                     ■ 1. The authority citation for part 556              Folder on the line associated with this
                                                commended BOEM for its efforts to                        continues to read as follows:                         rule.
                                                update and streamline the OCS oil and                                                                          FOR FURTHER INFORMATION CONTACT:     If
                                                                                                           Authority: 30 U.S.C. 1701 note, 30 U.S.C.
                                                gas and sulfur leasing regulations,                      1711, 31 U.S.C. 9701, 42 U.S.C. 6213, 43              you have questions on this rule, call or
                                                including the clarification at issue in                  U.S.C. 1331 note, 43 U.S.C. 1334, 43 U.S.C.           email Petty Officer Ashley Schad, MSD
                                                this rulemaking. Neither comment                         1801–1802.                                            Nashville, Nashville, TN, at 615–736–
                                                recommended any changes to the                           ■ 2. Revise § 556.105 to amend the                    5421 or at Ashley.M.Schad@uscg.mil.
                                                proposed rule’s definition of ‘‘you.’’ As                definition of ‘‘you’’ to read as follows:
                                                a result, neither comment resulted in                                                                          SUPPLEMENTARY INFORMATION:
                                                any changes to the proposed rule.                        § 556.105    Acronyms and definitions.
                                                                                                                                                               I. Table of Abbreviations
                                                Therefore, the final rule incorporates the               *     *     *      *    *
                                                                                                           You, depending on the context of the                CFR Code of Federal Regulations
                                                exact wording of the proposed rule’s
                                                                                                         regulations, means a bidder, a                        DHS Department of Homeland Security
                                                definition of ‘‘you’’ into Section                                                                             FR Federal Register
                                                556.105.                                                 prospective bidder, a lessee (record title
                                                                                                                                                               NPRM Notice of proposed rulemaking
                                                                                                         owner), an operating rights owner, an
                                                   As amended, the definition of ‘‘you’’                                                                       § Section
                                                                                                         applicant seeking to become an assignee               U.S.C. United States Code
                                                in Section 556.105 will read: ‘‘You,                     of record title or operating rights, a
                                                depending on the context of the                          designated operator or agent of the                   II. Background Information and
                                                regulations, means a bidder, a                           lessee, a predecessor lessee, a RUE                   Regulatory History
                                                prospective bidder, a lessee (record title               holder for a State or Federal lease, or a
                                                owner), an operating rights owner, an                    pipeline ROW holder.                                     The Coast Guard is issuing this
                                                applicant seeking to become an assignee                                                                        temporary rule without prior notice and
                                                                                                         *     *     *      *    *                             opportunity to comment pursuant to
                                                of record title or operating rights, a                   [FR Doc. 2016–24586 Filed 10–11–16; 8:45 am]
                                                designated operator or agent of the                                                                            authority under section 4(a) of the
                                                                                                         BILLING CODE 4310–MR–P
                                                lessee, a predecessor lessee, a RUE                                                                            Administrative Procedure Act (APA) (5
                                                holder for a State or Federal lease, or a                                                                      U.S.C. 553(b)). This provision
                                                pipeline ROW holder.’’                                                                                         authorizes an agency to issue a rule
                                                                                                         DEPARTMENT OF HOMELAND                                without prior notice and opportunity to
                                                IV. Procedural Requirements                              SECURITY                                              comment when the agency for good
                                                                                                         Coast Guard                                           cause finds that those procedures are
                                                  Section V, Legal and Regulatory                                                                              ‘‘impracticable, unnecessary, or contrary
                                                Analyses, of the leasing rule issued on                                                                        to the public interest.’’ Under 5 U.S.C.
                                                March 30, 2016 (81 FR 18145),                            33 CFR Part 165
                                                                                                                                                               553(b)(B), the Coast Guard finds that
                                                summarizes BOEM’s analyses of the rule                   [Docket Number USCG–2016–0845]                        good cause exists for not publishing a
                                                pursuant to applicable statutes and                                                                            notice of proposed rulemaking (NPRM)
                                                                                                         RIN 1625–AA00
                                                executive orders. This amendment to                                                                            with respect to this rule because the
                                                that rule would not change any                           Safety Zone; Tennessee River,                         event sponsor submitted the event
                                                conclusion described in that section,                    Knoxville, TN, MM TNR 646.9–647.1                     application on August 9, 2016. This late
                                                because the amendment is only                                                                                  submission did not give the Coast Guard
                                                intended to clarify the meaning of one                   AGENCY:    Coast Guard, DHS.
                                                                                                                                                               enough time to complete the full NPRM
                                                definition in one provision of the                       ACTION:   Temporary final rule.                       process. It is impracticable to publish an
                                                regulatory text in the leasing rule and                                                                        NPRM because we must establish this
                                                                                                         SUMMARY:   The Coast Guard is
                                                would not require any additional                         establishing a temporary safety zone for              safety zone by September 1, 2016.
                                                actions by either BOEM or the regulated                  all waters of the Tennessee River                        We are issuing this rule, and under 5
                                                community. Therefore, no additional                      beginning at mile marker 646.9 and                    U.S.C. 553(d)(3), the Coast Guard finds
                                                analysis is necessary.                                   ending at mile marker 647.1, extending                that good cause exists for making it
                                                List of Subjects in 30 CFR Part 556                      bank to bank. This temporary safety                   effective less than 30 days after
                                                                                                         zone is necessary to protect persons and              publication in the Federal Register.
                                                  Administrative practice and                            property from potential damage and                    Delaying this rule would be contrary to
mstockstill on DSK3G9T082PROD with RULES




                                                procedure, Continental shelf,                            safety hazard during fireworks displays               public interest of ensuring the safety of
                                                Environmental protection, Federal                        on or over the navigable waterway.                    spectators and vessels during the event.
                                                lands, Government contracts,                             Entry of vessels or persons into this                 Immediate action is necessary to
                                                Intergovernmental relations, Oil and gas                 zone is prohibited unless specifically                prevent possible loss of life and
                                                exploration, Outer continental shelf,                    authorized by the Captain of the Port                 property during the hazards created by
                                                Mineral resources, Reporting and                         Ohio Valley or a designated                           a barge-based fireworks display near
                                                recordkeeping requirements.                              representative.                                       and over the navigable waterway.


                                           VerDate Sep<11>2014    16:05 Oct 11, 2016   Jkt 241001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\12OCR1.SGM   12OCR1


                                                                 Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations                                       70359

                                                III. Legal Authority and Need for Rule                   A. Regulatory Planning and Review                     would affect your small business,
                                                                                                            Executive Orders 12866 and 13563                   organization, or governmental
                                                  The Coast Guard is issuing this rule                                                                         jurisdiction and you have questions
                                                under authority in 33 U.S.C. 1231. The                   direct agencies to assess the costs and
                                                                                                         benefits of available regulatory                      concerning its provisions or options for
                                                Captain of the Port Ohio Valley (COTP)                                                                         compliance, please contact the person
                                                has determined the need to protect                       alternatives and, if regulation is
                                                                                                         necessary, to select regulatory                       listed in the FOR FURTHER INFORMATION
                                                persons, property, and infrastructure                                                                          CONTACT section.
                                                during the fireworks display taking                      approaches that maximize net benefits.
                                                                                                                                                                  Small businesses may send comments
                                                place on the left descending bank of                     Executive Order 13563 emphasizes the
                                                                                                                                                               on the actions of Federal employees
                                                Tennessee River at mile marker 646.9 to                  importance of quantifying both costs
                                                                                                                                                               who enforce, or otherwise determine
                                                647.1 during University of Tennessee                     and benefits, of reducing costs, of
                                                                                                                                                               compliance with, Federal regulations to
                                                home football games. This rule is                        harmonizing rules, and of promoting
                                                                                                                                                               the Small Business and Agriculture
                                                needed to protect personnel, vessels,                    flexibility. This rule has not been
                                                                                                                                                               Regulatory Enforcement Ombudsman
                                                and these navigable waters before,                       designated a ‘‘significant regulatory
                                                                                                                                                               and the Regional Small Business
                                                during, and after the fireworks display                  action,’’ under Executive Order 12866.
                                                                                                                                                               Regulatory Fairness Boards. The
                                                take place.                                              Accordingly, it has not been reviewed
                                                                                                                                                               Ombudsman evaluates these actions
                                                                                                         by the Office of Management and
                                                IV. Discussion of the Rule                                                                                     annually and rates each agency’s
                                                                                                         Budget.
                                                                                                                                                               responsiveness to small business. If you
                                                   The Captain of the Port Ohio Valley                      This regulatory action determination
                                                                                                                                                               wish to comment on actions by
                                                is establishing this safety zone effective               is based on the size, location, duration,
                                                                                                                                                               employees of the Coast Guard, call 1–
                                                from September 1, 2016 through                           and time-of-day of the safety zone.
                                                                                                                                                               888–REG–FAIR (1–888–734–3247). The
                                                                                                            This safety zone prohibits transit on
                                                November 19, 2016, for all waters of the                                                                       Coast Guard will not retaliate against
                                                                                                         the Tennessee River from mile 646.9 to
                                                Tennessee River beginning at mile                                                                              small entities that question or complain
                                                                                                         mile 647.1, 30 minutes prior to, during,
                                                marker 646.9 and ending at mile marker                                                                         about this rule or any policy or action
                                                                                                         and 30 minutes after fireworks displays
                                                647.1. The periods of enforcement will                                                                         of the Coast Guard.
                                                                                                         from the left descending bank during
                                                be 30 minutes prior to, during, and 30
                                                                                                         approximately seven University of                     C. Collection of Information
                                                minutes after any fireworks display that
                                                                                                         Tennessee home football games from                      This rule will not call for a new
                                                takes place on the left descending bank
                                                                                                         September 1, 2016 through November                    collection of information under the
                                                during University of Tennessee home
                                                                                                         19, 2016. Broadcast Notices to Mariners               Paperwork Reduction Act of 1995 (44
                                                football games. The Coast Guard was
                                                                                                         and Local Notices to Mariners will also               U.S.C. 3501–3520).
                                                informed that there will be a total of
                                                                                                         inform the community of the safety zone
                                                seven football games that will have                                                                            D. Federalism and Indian Tribal
                                                                                                         enforcement periods through BNM,
                                                fireworks take place. Safety zone                                                                              Governments
                                                                                                         LNM and other forms of public notice
                                                enforcement times will be announced
                                                                                                         so that they may plan accordingly for                    A rule has implications for federalism
                                                via Broadcast Notice to Mariners (BNM),
                                                                                                         each short enforcement period                         under Executive Order 13132,
                                                Local Notices to Mariners (LNM), or
                                                                                                         restricting transit. Vessel traffic may               federalism, if it has a substantial direct
                                                through other public notice and at least
                                                                                                         request permission from the COTP Ohio                 effect on the States, on the relationship
                                                12–24 hour notice will be provided
                                                                                                         Valley or a designated representative to              between the national government and
                                                before each enforcement period. Any
                                                                                                         enter the restricted area.                            the States, or on the distribution of
                                                deviations from this rule are prohibited
                                                unless specifically authorized by the                    B. Impact on Small Entities                           power and responsibilities among the
                                                COTP Ohio Valley, or a designated                                                                              various levels of government. We have
                                                                                                            The Regulatory Flexibility Act of                  analyzed this rule under that Order and
                                                representative. Deviation requests will                  1980, 5 U.S.C. 601–612, as amended,
                                                be considered and reviewed on a case-                                                                          have determined that it is consistent
                                                                                                         requires Federal agencies to consider                 with the fundamental federalism
                                                by-case basis. The COTP Ohio Valley                      the potential impact of regulations on
                                                may be contacted by telephone at 1–                                                                            principles and preemption requirements
                                                                                                         small entities during rulemaking. The                 described in Executive Order 13132.
                                                800–253–7465 or can be reached by                        term ‘‘small entities’’ comprises small
                                                VHF–FM channel 16.                                                                                                Also, this rule does not have tribal
                                                                                                         businesses, not-for-profit organizations              implications under Executive Order
                                                   The duration of each safety zone                      that are independently owned and                      13175, Consultation and Coordination
                                                enforcement period is intended to                        operated and are not dominant in their                with Indian Tribal Governments,
                                                protect persons, property, and                           fields, and governmental jurisdictions                because it does not have a substantial
                                                infrastructure from safety hazards                       with populations of less than 50,000.                 direct effect on one or more Indian
                                                associated with fireworks displays. No                   The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                                vessel or person would be permitted to                   605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                                enter the safety zone without obtaining                  significant economic impact on a                      or on the distribution of power and
                                                permission from the COTP or a                            substantial number of small entities.                 responsibilities between the Federal
                                                designated representative. The                              While some owners or operators of                  Government and Indian tribes. If you
                                                regulatory text we are establishing                      vessels intending to transit the safety               believe this rule has implications for
                                                appears at the end of this document.                     zone area may be small entities, for the              federalism or Indian tribes, please
                                                V. Regulatory Analyses                                   reasons stated in section V.A above this              contact the person listed in the FOR
                                                                                                         rule would not have a significant                     FURTHER INFORMATION CONTACT section
mstockstill on DSK3G9T082PROD with RULES




                                                  We developed this rule after                           economic impact on any vessel owner                   above.
                                                considering numerous statutes and                        or operator.
                                                Executive orders related to rulemaking.                     Under section 213(a) of the Small                  E. Unfunded Mandates Reform Act
                                                Below we summarize our analyses                          Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                based on a number of these statutes and                  Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                Executive Orders, and we discuss First                   we want to assist small entities in                   Federal agencies to assess the effects of
                                                Amendment rights of protestors.                          understanding this rule. If the rule                  their discretionary regulatory actions. In


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                                                70360            Federal Register / Vol. 81, No. 197 / Wednesday, October 12, 2016 / Rules and Regulations

                                                particular, the Act addresses actions                    § 165.35T08–0845 Safety Zone; Tennessee               goals (RPGs) established for regional
                                                that may result in the expenditure by a                  River, Knoxville, TN.                                 haze and a determination of the
                                                State, local, or tribal government, in the                 (a) Location. All waters of the                     adequacy of the state’s existing Regional
                                                aggregate, or by the private sector of                   Tennessee River beginning at mile                     Haze SIP. In addition, the December 16,
                                                $100,000,000 (adjusted for inflation) or                 marker 646.9 and ending at mile marker                2014 submittal includes a revised
                                                more in any one year. Though this rule                   647.1 Knoxville, TN.                                  regulation that reduces the total
                                                will not result in such expenditure, we                    (b) Effective date. This rule is effective          suspended particulate (TSP) emission
                                                do discuss the effects of this rule                      from September 1, 2016 through                        limit for the state’s sole Tangential-
                                                elsewhere in this preamble.                              November 19, 2016.                                    Firing, Dry-Bottom Boiler.
                                                                                                           (c) Periods of enforcement. This rule               DATES: This rule is effective on
                                                F. Environment
                                                                                                         will be enforced from 30 minutes prior                November 14, 2016.
                                                  We have analyzed this rule under                       to and 30 minutes after all fireworks                 ADDRESSES: EPA has established a
                                                Department of Homeland Security                          displays from the left descending bank                docket for this action under Docket
                                                Management Directive 023–01 and                          during University of Tennessee football               Identification No. EPA–R01–OAR–
                                                Commandant Instruction M16475.lD,                        games. The Captain of the Port Ohio                   2014–0909. All documents in the docket
                                                which guide the Coast Guard in                           Valley or a designated representative                 are listed on the http://
                                                complying with the National                              will inform the public through                        www.regulations.gov Web site. Although
                                                Environmental Policy Act of 1969 (42                     Broadcast Notice to Mariners (BNM),                   listed in the index, some information is
                                                U.S.C. 4321–4370(f), and have                            Local Notices to Mariners (LNM), or                   not publicly available, i.e., CBI or other
                                                determined that this action is one of a                  through other public notice and at least              information whose disclosure is
                                                category of actions that do not                          12–24 in advance of each enforcement                  restricted by statute. Certain other
                                                individually or cumulatively have a                      period.                                               material, such as copyrighted material,
                                                significant effect on the human                             (d) Regulations. (1) In accordance                 is not placed on the Internet and will be
                                                environment. This rule involves a safety                 with the general regulations in § 165.23              publicly available only in hard copy
                                                zone that would prohibit entry to                        of this part, entry into this area is                 form. Publicly available docket
                                                unauthorized vessels. It is categorically                prohibited unless authorized by the                   materials are available at http://
                                                excluded from further review under                       Captain of the Port Ohio Valley or a                  www.regulations.gov or at the U.S.
                                                paragraph 34(g) of Figure 2–1 of the                     designated representative.                            Environmental Protection Agency, EPA
                                                Commandant Instruction. An                                  (2) Persons or vessels requiring entry             New England Regional Office, Office of
                                                environmental analysis checklist                         into or passage through the area must                 Ecosystem Protection, Air Quality
                                                supporting this determination and a                      request permission from the Captain of                Planning Unit, 5 Post Office Square—
                                                Categorical Exclusion Determination are                  the Port Ohio Valley or a designated                  Suite 100, Boston, MA. EPA requests
                                                available in the docket where indicated                  representative. U.S. Coast Guard Sector               that if at all possible, you contact the
                                                under ADDRESSES. We seek any                             Ohio Valley may be contacted on VHF                   contact listed in the FOR FURTHER
                                                comments or information that may lead                    Channel 13 or 16, or at 1–800–253–                    INFORMATION CONTACT section to
                                                to the discovery of a significant                        7465.                                                 schedule your inspection. The Regional
                                                environmental impact from this rule.                                                                           Office’s official hours of business are
                                                                                                           Dated: September 1, 2016.
                                                G. Protest Activities                                    M.B. Zamperini,                                       Monday through Friday, 8:30 a.m. to
                                                  The Coast Guard respects the First                     Captain, U.S. Coast Guard, Captain of the             4:30 p.m., excluding legal holidays.
                                                Amendment rights of protesters.                          Port Ohio Valley.                                     FOR FURTHER INFORMATION CONTACT:
                                                Protesters are asked to contact the                      [FR Doc. 2016–24642 Filed 10–11–16; 8:45 am]          Anne McWilliams, Air Quality Unit,
                                                person listed in the FOR FURTHER                         BILLING CODE 9110–04–P                                U.S. Environmental Protection Agency,
                                                INFORMATION CONTACT section to                                                                                 EPA New England Regional Office, 5
                                                coordinate protest activities so that your                                                                     Post Office Square—Suite 100, (Mail
                                                message can be received without                          ENVIRONMENTAL PROTECTION                              Code OEP05–02), Boston, MA 02109–
                                                jeopardizing the safety or security of                   AGENCY                                                3912, telephone number (617) 918–
                                                people, places or vessels.                                                                                     1697, fax number (617) 918–0697, email
                                                                                                         40 CFR Part 52                                        mcwilliams.anne@epa.gov.
                                                List of Subjects in 33 CFR Part 165                                                                            SUPPLEMENTARY INFORMATION:
                                                                                                         [EPA–R01–OAR–2014–0909; A–1–FRL–
                                                  Harbors, Marine safety, Navigation                     9953–84-Region 1]                                     Throughout this document whenever
                                                (water), Reporting and recordkeeping                                                                           ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
                                                requirements, Security measures,                         Air Plan Approval; NH; Regional Haze                  EPA.
                                                Waterways.                                               5-Year Report                                            Organization of this document. The
                                                  For the reasons discussed in the                                                                             following outline is provided to aid in
                                                preamble, the U.S. Coast Guard amends                    AGENCY:  Environmental Protection                     locating information in this preamble.
                                                33 CFR part 165 as follows:                              Agency (EPA).                                         I. Background.
                                                                                                         ACTION: Final rule.                                   II. Final Action.
                                                PART 165—REGULATED NAVIGATION                                                                                  III. Incorporation by Reference.
                                                AREAS AND LIMITED ACCESS AREAS                           SUMMARY:   The Environmental Protection               IV. Statutory and Executive Order Reviews.
                                                                                                         Agency (EPA) is approving a State
                                                ■ 1. The authority citation for part 165                 Implementation Plan (SIP) revision                    I. Background
mstockstill on DSK3G9T082PROD with RULES




                                                continues to read as follows:                            submitted by the State of New                            States are required to submit a
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              Hampshire on December 16, 2014. New                   progress report in the form of a SIP
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                Hampshire’s SIP revision addresses                    revision every five years that evaluates
                                                Department of Homeland Security Delegation               requirements of the Clean Air Act (CAA)               progress towards the RPGs for each
                                                No. 0170.1.                                              and EPA’s rules that require States to                mandatory Class I Federal area within
                                                ■ 2. Temporary § 165.35T08–0845 is                       submit periodic reports describing                    the state and in each mandatory Class I
                                                added to read as follows:                                progress toward reasonable progress                   Federal area outside the state which


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Document Created: 2016-10-12 00:55:32
Document Modified: 2016-10-12 00:55:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective without actual notice from October 12, 2016 until November 19, 2016. For the purposes of enforcement, actual notice will be used from September 1, 2016 until October 12, 2016.
ContactIf you have questions on this rule, call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN, at 615-736-5421 or at [email protected]
FR Citation81 FR 70358 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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