81_FR_7284 81 FR 7256 - Safety Zone; Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC

81 FR 7256 - Safety Zone; Cooper River Bridge Run, Cooper River, and Town Creek Reaches, Charleston, SC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 28 (February 11, 2016)

Page Range7256-7259
FR Document2016-02621

The Coast Guard proposes to establish a safety zone on the waters of Cooper River and Town Creek Reaches in Charleston, South Carolina during the Cooper River Bridge Run on April 2, 2016 from 7:30 a.m. to 10:30 a.m. The Cooper River Bridge Run is a 10-K run across the Arthur Ravenel Bridge. The safety zone is necessary for the safety of the runners and the general public during this event. This proposed rulemaking would prohibit persons and vessels from entering, transiting through, anchoring in, or remaining within the safety zone unless authorized by the Captain of the Port Charleston or a designated representative.

Federal Register, Volume 81 Issue 28 (Thursday, February 11, 2016)
[Federal Register Volume 81, Number 28 (Thursday, February 11, 2016)]
[Proposed Rules]
[Pages 7256-7259]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02621]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0022]
RIN 1625-AA08


Safety Zone; Cooper River Bridge Run, Cooper River, and Town 
Creek Reaches, Charleston, SC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a safety zone on the 
waters of

[[Page 7257]]

Cooper River and Town Creek Reaches in Charleston, South Carolina 
during the Cooper River Bridge Run on April 2, 2016 from 7:30 a.m. to 
10:30 a.m. The Cooper River Bridge Run is a 10-K run across the Arthur 
Ravenel Bridge. The safety zone is necessary for the safety of the 
runners and the general public during this event. This proposed 
rulemaking would prohibit persons and vessels from entering, transiting 
through, anchoring in, or remaining within the safety zone unless 
authorized by the Captain of the Port Charleston or a designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before February 26, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0022 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Lieutenant John Downing, Sector 
Charleston Office of Waterways Management, Coast Guard; telephone (843) 
740-3184, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code
COTP Captain of the Port

II. Background, Purpose, and Legal Basis

    The legal basis for this proposed rule is the Coast Guard's 
authority to establish regulated safety zones and other limited access 
areas: 33 U.S.C. 1231; 50 U.S.C. 191, 33 CFR 1.05-1, 6.04-1, 6.04-6, 
160.5; and Department of Homeland Security Delegation No. 0170.
    The purpose of the rule is to ensure the safety of the runners, and 
the general public during the scheduled event.

III. Discussion of Proposed Rule

    The Coast Guard proposes to establish a safety zone on the waters 
of the Cooper River and Town Creek Reaches in Charleston, South 
Carolina during the Cooper River Bridge Run. The race is scheduled to 
take place from 7:30 a.m.10:30 a.m. April 2, 2016 Approximately 40,000 
runners are anticipated to participate in the race. Persons and vessels 
desiring to enter, transit through, anchor in, or remain within the 
proposed safety zone may contact the Captain of the Port Charleston by 
telephone at (843) 740-7050, or a designated representative via VHF 
radio on channel 16, to request authorization. If authorization to 
enter, transit through, anchor in, or remain within the proposed safety 
zone is granted by the Captain of the Port Charleston or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Charleston 
or a designated representative. The Coast Guard will provide notice of 
the safety zone by Local Notice to Mariners, Broadcast Notice to 
Mariners, and on-scene designated representatives.

IV. Regulatory Analyses

    We developed this proposed 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.

A. Regulatory Planning and Review

    E.O.s 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. 
E.O.13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This NPRM has not been designated a ``significant 
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget. This proposed 
rule is not a significant regulatory action under section 3(f) of 
Executive Order 12866, Regulatory Planning and Review, as supplemented 
by Executive Order 13563, Improving Regulation and Regulatory Review, 
and does not require an assessment of potential costs and benefits 
under section 6(a)(3) of Executive Order 12866 or under section 1 of 
Executive Order 13563. The Office of Management and Budget has not 
reviewed it under those Orders.
    The economic impact of this rule is not significant for the 
following reasons: (1) The safety zone will only be enforced for a 
total of three hours; (2) although persons and vessels may not enter, 
transit through, anchor in, or remain within the safety zone without 
authorization from the Captain of the Port Charleston or a designated 
representative, they may operate in the surrounding area during the 
enforcement period; and (3) the Coast Guard will provide advance 
notification of the safety zone to the local maritime community by 
Local Notice to Mariners and Broadcast Notice to Mariners.

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'' 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 proposed rule would not have a significant 
economic impact on a substantial number of small entities. We have 
considered the impact of this proposed rule on small entities. This 
rule may affect the following entities, some of which may be small 
entities: the owner or operators of vessels intending to enter, transit 
through, anchor in, or remain within the regulated area during the 
enforcement period. For the reasons discussed in Regulatory Planning 
and Review section above, this rule will not have a significant 
economic impact on a substantial number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    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 proposed 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. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

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

[[Page 7258]]

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 proposed rule under that Order and 
have determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in E.O. 13132.
    Also, this proposed rule does not have tribal implications under 
E.O. 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would 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 proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves safety 
zone prohibiting vessel traffic from a limited area surrounding the 
Cooper River Bridge on the waters of the Cooper River and Town Creek 
Reaches for a 3 hour period. This rule is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

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

PART 165--SAFETY OF LIFE ON NAVIGABLE WATERS

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, 160.5; and Department of Homeland Security Delegation No. 
0170.

0
2. Add a temporary Sec.  165.35T07-0022 to read as follows:


Sec.  165.35T07-0022  Safety Zone; Cooper River Bridge Run, Charleston 
SC.

    (a) Location. All waters of the Cooper River, and Town Creek 
Reaches encompassed within the following points:

    (1) 32[deg]48'32'' N./079[deg]56'08'' W.,
    (2) 32[deg]48'20'' N./079[deg]54'20'' W.,
    (3) 32[deg]47'20'' N./079[deg]54'29'' W.,
    (4) 32[deg]47'20'' N./079[deg]55'28'' W.

    (b) Definition. The term ``designated representative'' means Coast 
Guard Patrol Commanders, including Coast Guard coxswains, petty 
officers, and other officers operating Coast Guard vessels, and 
Federal, state, and local officers designated by or assisting the 
Captain of the Port Charleston in the enforcement of the regulated 
areas.
    (c) Regulations. (1) All persons and vessels are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area unless authorized by the Captain of the Port Charleston 
or a designated representative.
    (2) Persons and vessels desiring to enter, transit through, or 
remain within the regulated area may contact the Captain of the Port 
Charleston by telephone at 843-740-7050, or a designated representative 
via VHF radio on channel 16, to request authorization. If authorization 
to enter, transit through, or remain within the regulated area is 
granted by the Captain of the Port Charleston or a designated 
representative, all persons and vessels receiving such authorization 
must comply with the instructions of the Captain of the Port Charleston 
or a designated representative.
    (3) The Coast Guard will provide notice of the regulated area by 
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene 
designated representatives.
    (d) Enforcement Period. This proposed rule will be enforced from 
7:30 a.m. until 10:30 a.m. on April 2, 2016.


[[Page 7259]]


    Dated: January 29, 2016.
G.L. Tomasulo,
Captain, U.S. Coast Guard, Captain of the Port Charleston.
[FR Doc. 2016-02621 Filed 2-10-16; 8:45 am]
BILLING CODE 9110-04-P



                                                    7256                  Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules

                                                    would have been if, holding constant                    Proposed Amendments to the                            described in paragraph (d)(8)(i)(C) of
                                                    the benefit formula, work history, and                  Regulations                                           this section than the reduction that is
                                                    all other relevant factors used to                        Accordingly, 26 CFR part 1 is                       applied to benefits described in
                                                    determine benefits, those benefits were                 proposed to be amended as follows:                    paragraph (d)(8)(i)(B) of this section.
                                                    attributable to service with any other                                                                        This requirement is satisfied if no
                                                    employer).                                              PART 1—INCOME TAXES                                   participant’s benefits that are directly
                                                       All comments will be available for                                                                         attributable to service with an employer
                                                    public inspection and copying at                        ■ Paragraph 1. The authority citation                 described in paragraph (d)(8)(i)(C) of
                                                    www.regulations.gov or upon request.                    for part 1 continues to read in part as               this section are reduced more than that
                                                    Please Note: All comments will be made                  follows:                                              participant’s benefits would have been
                                                    available to the public. Do not include                                                                       reduced if, holding the benefit formula,
                                                                                                                Authority: 26 U.S.C. 7805 * * *
                                                    any personally identifiable information                                                                       work history, and all relevant factors
                                                    (such as Social Security number, name,                  ■ Par. 2. Section 1.432(e)(9)–1 is added              used to compute benefits constant, those
                                                    address, or other contact information) or               to read as follows:                                   benefits were attributable to service
                                                    confidential business information that                                                                        with an employer that is not described
                                                                                                            § 1.432(e)(9)–1 Benefit suspensions for
                                                    you do not want publicly disclosed. All                 multiemployer plans in critical and                   in paragraph (d)(8)(i)(C) of this section.
                                                    comments may be posted on the Internet                  declining status.                                        (B) Application of limitation to
                                                    and can be retrieved by most Internet                                                                         benefits of participants with respect to
                                                                                                               (a) through (c) [Reserved]
                                                    search engines.                                                                                               which the employer has not assumed
                                                       A public hearing on these proposed                      (d) Limitations on suspension. (1)
                                                                                                            through (7) [Reserved]                                liability. Benefits under a plan that are
                                                    regulations has been scheduled for                                                                            directly attributable to a participant’s
                                                    March 22, 2016 beginning at 10 a.m. in                     (8) Additional rules for plans
                                                                                                            described in section 432(e)(9)(D)(vii)—               service with an employer described in
                                                    the Auditorium, Internal Revenue                                                                              paragraph (d)(8)(i)(C) of this section
                                                    Service, 1111 Constitution Avenue NW.,                  (i) In general. In the case of a plan that
                                                                                                            includes the benefits described in                    include all such benefits without regard
                                                    Washington, DC. Due to building                                                                               to whether the employer has assumed
                                                    security procedures, visitors must enter                paragraph (d)(8)(i)(C) of this section, any
                                                                                                            suspension of benefits under this                     liability for providing benefits to the
                                                    at the Constitution Avenue entrance. In                                                                       participant that were reduced as a result
                                                    addition, all visitors must present photo               section shall—
                                                                                                               (A) First, be applied to the maximum               of the financial status of the plan as
                                                    identification to enter the building.                                                                         described in paragraph (d)(8)(i)(C)(2) of
                                                    Because of access restrictions, visitors                extent permissible to benefits
                                                                                                            attributable to a participant’s service for           this section. Thus, all benefits under a
                                                    will not be admitted beyond the                                                                               plan that are directly attributable to a
                                                    immediate entrance area more than 30                    an employer that withdrew from the
                                                                                                            plan and failed to pay (or is delinquent              participant’s service with an employer
                                                    minutes before the hearing starts. For                                                                        described in paragraph (d)(8)(i)(C) of
                                                    information about having your name                      with respect to paying) the full amount
                                                                                                            of its withdrawal liability under section             this section are subject to the limitation
                                                    placed on the building access list to                                                                         in paragraph (d)(8)(ii)(A) of this section,
                                                    attend the hearing, see the FOR FURTHER                 4201(b)(1) of ERISA or an agreement
                                                                                                            with the plan;                                        even if the employer has not, pursuant
                                                    INFORMATION CONTACT section of this                                                                           to a collective bargaining agreement that
                                                                                                               (B) Second, except as provided by
                                                    preamble.                                                                                                     satisfies the requirements of paragraph
                                                       The rules of 26 CFR 601.601(a)(3)                    paragraph (d)(8)(i)(C) of this section, be
                                                                                                            applied to all other benefits that may be             (d)(8)(i)(C)(2) of this section, assumed
                                                    apply to the hearing. Persons who wish                                                                        liability for providing those benefits to
                                                    to present oral comments at the hearing                 suspended under this section; and
                                                                                                               (C) Third, be applied to benefits under            participants and beneficiaries of the
                                                    must submit written or electronic                                                                             plan.
                                                    comments by March 15, 2016, and an                      a plan that are directly attributable to a
                                                    outline of topics to be discussed and the               participant’s service with any employer               John Dalrymple,
                                                    amount of time to be devoted to each                    that has, prior to December 16, 2014—                 Deputy Commissioner for Services and
                                                    topic by March 15, 2016. A period of 10                    (1) Withdrawn from the plan in a                   Enforcement.
                                                    minutes will be allotted to each person                 complete withdrawal under section                     [FR Doc. 2016–02772 Filed 2–9–16; 4:15 pm]
                                                    for making comments. An agenda                          4203 of ERISA and paid the full amount
                                                                                                                                                                  BILLING CODE 4830–01–P
                                                    showing the scheduling of the speakers                  of the employer’s withdrawal liability
                                                    will be prepared after the deadline for                 under section 4201(b)(1) of ERISA or an
                                                    receiving outlines has passed. Copies of                agreement with the plan, and
                                                                                                               (2) Pursuant to a collective bargaining            DEPARTMENT OF HOMELAND
                                                    the agenda will be available free of                                                                          SECURITY
                                                    charge at the hearing.                                  agreement, assumed liability for
                                                                                                            providing benefits to participants and
                                                    Contact Information                                                                                           Coast Guard
                                                                                                            beneficiaries of the plan under a
                                                       For general questions regarding these                separate, single-employer plan
                                                                                                                                                                  33 CFR Part 100
                                                    regulations, please contact the                         sponsored by the employer, in an
                                                    Department of the Treasury MPRA                         amount equal to any amount of benefits                [Docket Number USCG–2016–0022]
                                                    guidance information line at (202) 622–                 for such participants and beneficiaries
                                                                                                            reduced as a result of the financial                  RIN 1625–AA08
                                                    1559 (not a toll-free number). For
                                                                                                            status of the plan.
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    information regarding a specific                                                                              Safety Zone; Cooper River Bridge Run,
                                                    application for a suspension of benefits,                  (ii) Application of suspensions to
                                                                                                                                                                  Cooper River, and Town Creek
                                                    please contact the Treasury Department                  benefits that are directly attributable to
                                                                                                                                                                  Reaches, Charleston, SC
                                                    at (202) 622–1534 (not a toll-free                      a participant’s service with certain
                                                    number).                                                employers—(A) Greater reduction in                    AGENCY:   Coast Guard, DHS.
                                                                                                            certain benefits not permitted. A                     ACTION:   Notice of proposed rulemaking.
                                                    List of Subjects in 26 CFR Part 1                       suspension of benefits under this
                                                      Income taxes, Reporting and                           section must not be applied to provide                SUMMARY:   The Coast Guard proposes to
                                                    recordkeeping requirements.                             for a greater reduction in benefits                   establish a safety zone on the waters of


                                               VerDate Sep<11>2014   14:10 Feb 10, 2016   Jkt 238001   PO 00000   Frm 00008   Fmt 4702   Sfmt 4702   E:\FR\FM\11FEP1.SGM   11FEP1


                                                                          Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules                                          7257

                                                    Cooper River and Town Creek Reaches                     scheduled to take place from 7:30                     authorization from the Captain of the
                                                    in Charleston, South Carolina during the                a.m.10:30 a.m. April 2, 2016                          Port Charleston or a designated
                                                    Cooper River Bridge Run on April 2,                     Approximately 40,000 runners are                      representative, they may operate in the
                                                    2016 from 7:30 a.m. to 10:30 a.m. The                   anticipated to participate in the race.               surrounding area during the
                                                    Cooper River Bridge Run is a 10–K run                   Persons and vessels desiring to enter,                enforcement period; and (3) the Coast
                                                    across the Arthur Ravenel Bridge. The                   transit through, anchor in, or remain                 Guard will provide advance notification
                                                    safety zone is necessary for the safety of              within the proposed safety zone may                   of the safety zone to the local maritime
                                                    the runners and the general public                      contact the Captain of the Port                       community by Local Notice to Mariners
                                                    during this event. This proposed                        Charleston by telephone at (843) 740–                 and Broadcast Notice to Mariners.
                                                    rulemaking would prohibit persons and                   7050, or a designated representative via
                                                                                                                                                                  B. Impact on Small Entities
                                                    vessels from entering, transiting                       VHF radio on channel 16, to request
                                                    through, anchoring in, or remaining                     authorization. If authorization to enter,                The Regulatory Flexibility Act of
                                                    within the safety zone unless authorized                transit through, anchor in, or remain                 1980, (5 U.S.C. 601–612), as amended
                                                    by the Captain of the Port Charleston or                within the proposed safety zone is                    requires Federal agencies to consider
                                                    a designated representative.                            granted by the Captain of the Port                    the potential impact of regulations on
                                                    DATES: Comments and related material                    Charleston or a designated                            ‘‘small entities’’ comprises small
                                                                                                            representative, all persons and vessels               businesses, not-for-profit organizations
                                                    must be received by the Coast Guard on
                                                                                                            receiving such authorization must                     that are independently owned and
                                                    or before February 26, 2016.
                                                                                                            comply with the instructions of the                   operated and are not dominant in their
                                                    ADDRESSES: You may submit comments
                                                                                                            Captain of the Port Charleston or a                   fields, and governmental jurisdictions
                                                    identified by docket number USCG–                                                                             with populations of less than 50,000.
                                                    2016–0022 using the Federal                             designated representative. The Coast
                                                                                                            Guard will provide notice of the safety               The Coast Guard certifies under 5 U.S.C.
                                                    eRulemaking Portal at http://                                                                                 605(b) that this proposed rule would not
                                                                                                            zone by Local Notice to Mariners,
                                                    www.regulations.gov. See the ‘‘Public                                                                         have a significant economic impact on
                                                                                                            Broadcast Notice to Mariners, and on-
                                                    Participation and Request for                                                                                 a substantial number of small entities.
                                                                                                            scene designated representatives.
                                                    Comments’’ portion of the                                                                                     We have considered the impact of this
                                                    SUPPLEMENTARY INFORMATION section for                   IV. Regulatory Analyses                               proposed rule on small entities. This
                                                    further instructions on submitting                        We developed this proposed rule after               rule may affect the following entities,
                                                    comments.                                               considering numerous statutes and                     some of which may be small entities:
                                                    FOR FURTHER INFORMATION CONTACT: If                     executive orders related to rulemaking.               the owner or operators of vessels
                                                    you have questions about this proposed                  Below we summarize our analyses                       intending to enter, transit through,
                                                    rulemaking, call or email Lieutenant                    based on a number of these statutes and               anchor in, or remain within the
                                                    John Downing, Sector Charleston Office                  executive orders.                                     regulated area during the enforcement
                                                    of Waterways Management, Coast                          A. Regulatory Planning and Review                     period. For the reasons discussed in
                                                    Guard; telephone (843) 740–3184, email                                                                        Regulatory Planning and Review section
                                                    John.Z.Downing@uscg.mil.                                   E.O.s 12866 and 13563 direct agencies              above, this rule will not have a
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            to assess the costs and benefits of                   significant economic impact on a
                                                                                                            available regulatory alternatives and, if             substantial number of small entities.
                                                    I. Table of Abbreviations                               regulation is necessary, to select                       If you think that your business,
                                                    CFR Code of Federal Regulations                         regulatory approaches that maximize                   organization, or governmental
                                                    DHS Department of Homeland Security                     net benefits. E.O.13563 emphasizes the                jurisdiction qualifies as a small entity
                                                    E.O. Executive order                                    importance of quantifying both costs                  and that this rule would have a
                                                    FR Federal Register                                     and benefits, of reducing costs, of                   significant economic impact on it,
                                                    NPRM Notice of proposed rulemaking                      harmonizing rules, and of promoting                   please submit a comment (see
                                                    Pub. L. Public Law                                      flexibility. This NPRM has not been                   ADDRESSES) explaining why you think it
                                                    § Section
                                                                                                            designated a ‘‘significant regulatory                 qualifies and how and to what degree
                                                    U.S.C. United States Code
                                                    COTP Captain of the Port                                action,’’ under E.O. 12866. Accordingly,              this rule would economically affect it.
                                                                                                            the NPRM has not been reviewed by the                    Under section 213(a) of the Small
                                                    II. Background, Purpose, and Legal                      Office of Management and Budget. This                 Business Regulatory Enforcement
                                                    Basis                                                   proposed rule is not a significant                    Fairness Act of 1996 (Pub. L. 104–121),
                                                       The legal basis for this proposed rule               regulatory action under section 3(f) of               we want to assist small entities in
                                                    is the Coast Guard’s authority to                       Executive Order 12866, Regulatory                     understanding this proposed rule. If the
                                                    establish regulated safety zones and                    Planning and Review, as supplemented                  rule would affect your small business,
                                                    other limited access areas: 33 U.S.C.                   by Executive Order 13563, Improving                   organization, or governmental
                                                    1231; 50 U.S.C. 191, 33 CFR 1.05–1,                     Regulation and Regulatory Review, and                 jurisdiction and you have questions
                                                    6.04–1, 6.04–6, 160.5; and Department                   does not require an assessment of                     concerning its provisions or options for
                                                    of Homeland Security Delegation No.                     potential costs and benefits under                    compliance, please contact the person
                                                    0170.                                                   section 6(a)(3) of Executive Order 12866              listed in the FOR FURTHER INFORMATION
                                                       The purpose of the rule is to ensure                 or under section 1 of Executive Order                 CONTACT section. The Coast Guard will
                                                    the safety of the runners, and the                      13563. The Office of Management and                   not retaliate against small entities that
                                                    general public during the scheduled                     Budget has not reviewed it under those
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                                                                                                                                  question or complain about this
                                                    event.                                                  Orders.                                               proposed rule or any policy or action of
                                                                                                               The economic impact of this rule is                the Coast Guard.
                                                    III. Discussion of Proposed Rule                        not significant for the following reasons:
                                                       The Coast Guard proposes to establish                (1) The safety zone will only be                      C. Collection of Information
                                                    a safety zone on the waters of the                      enforced for a total of three hours; (2)                This proposed rule would not call for
                                                    Cooper River and Town Creek Reaches                     although persons and vessels may not                  a new collection of information under
                                                    in Charleston, South Carolina during the                enter, transit through, anchor in, or                 the Paperwork Reduction Act of 1995
                                                    Cooper River Bridge Run. The race is                    remain within the safety zone without                 (44 U.S.C. 3501–3520).


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                                                    7258                  Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules

                                                    D. Federalism and Indian Tribal                         review under paragraph 34(g) of Figure                  For the reasons discussed in the
                                                    Governments                                             2–1 of the Commandant Instruction. We                 preamble, the Coast Guard proposes to
                                                       A rule has implications for federalism               seek any comments or information that                 amend 33 CFR part 165 as follows:
                                                    under E.O. 13132, Federalism, if it has                 may lead to the discovery of a
                                                                                                            significant environmental impact from                 PART 165—SAFETY OF LIFE ON
                                                    a substantial direct effect on the States,                                                                    NAVIGABLE WATERS
                                                    on the relationship between the national                this rule.
                                                    government and the States, or on the                    G. Protest Activities                                 ■ 1. The authority citation for part 165
                                                    distribution of power and                                                                                     continues to read as follows:
                                                    responsibilities among the various                        The Coast Guard respects the First
                                                    levels of government. We have analyzed                  Amendment rights of protesters.                         Authority: 33 U.S.C. 1231; 50 U.S.C. 191,
                                                                                                            Protesters are asked to contact the                   33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; and
                                                    this proposed rule under that Order and                                                                       Department of Homeland Security Delegation
                                                    have determined that it is consistent                   person listed in the FOR FURTHER
                                                                                                            INFORMATION CONTACT section to                        No. 0170.
                                                    with the fundamental federalism
                                                    principles and preemption requirements                  coordinate protest activities so that your            ■ 2. Add a temporary § 165.35T07–0022
                                                    described in E.O. 13132.                                message can be received without                       to read as follows:
                                                       Also, this proposed rule does not have               jeopardizing the safety or security of
                                                                                                            people, places, or vessels.                           § 165.35T07–0022 Safety Zone; Cooper
                                                    tribal implications under E.O. 13175,                                                                         River Bridge Run, Charleston SC.
                                                    Consultation and Coordination with                      V. Public Participation and Request for                  (a) Location. All waters of the Cooper
                                                    Indian Tribal Governments, because it                   Comments                                              River, and Town Creek Reaches
                                                    would not have a substantial direct                                                                           encompassed within the following
                                                    effect on one or more Indian tribes, on                    We view public participation as
                                                                                                            essential to effective rulemaking, and                points:
                                                    the relationship between the Federal
                                                    Government and Indian tribes, or on the                 will consider all comments and material                  (1) 32°48′32″ N./079°56′08″ W.,
                                                    distribution of power and                               received during the comment period.                      (2) 32°48′20″ N./079°54′20″ W.,
                                                    responsibilities between the Federal                    Your comment can help shape the                          (3) 32°47′20″ N./079°54′29″ W.,
                                                    Government and Indian tribes. If you                    outcome of this rulemaking. If you
                                                                                                                                                                     (4) 32°47′20″ N./079°55′28″ W.
                                                    believe this proposed rule has                          submit a comment, please include the
                                                                                                            docket number for this rulemaking,                       (b) Definition. The term ‘‘designated
                                                    implications for federalism or Indian                                                                         representative’’ means Coast Guard
                                                    tribes, please contact the person listed                indicate the specific section of this
                                                                                                            document to which each comment                        Patrol Commanders, including Coast
                                                    in the FOR FURTHER INFORMATION                                                                                Guard coxswains, petty officers, and
                                                    CONTACT section above.
                                                                                                            applies, and provide a reason for each
                                                                                                            suggestion or recommendation.                         other officers operating Coast Guard
                                                    E. Unfunded Mandates Reform Act                            We encourage you to submit                         vessels, and Federal, state, and local
                                                                                                            comments through the Federal                          officers designated by or assisting the
                                                       The Unfunded Mandates Reform Act
                                                                                                            eRulemaking Portal at http://                         Captain of the Port Charleston in the
                                                    of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                            www.regulations.gov. If your material                 enforcement of the regulated areas.
                                                    Federal agencies to assess the effects of
                                                    their discretionary regulatory actions. In              cannot be submitted using http://                        (c) Regulations. (1) All persons and
                                                    particular, the Act addresses actions                   www.regulations.gov, contact the person               vessels are prohibited from entering,
                                                    that may result in the expenditure by a                 in the FOR FURTHER INFORMATION                        transiting through, anchoring in, or
                                                    State, local, or tribal government, in the              CONTACT section of this document for                  remaining within the regulated area
                                                    aggregate, or by the private sector of                  alternate instructions.                               unless authorized by the Captain of the
                                                    $100,000,000 (adjusted for inflation) or                   We accept anonymous comments. All                  Port Charleston or a designated
                                                    more in any one year. Though this                       comments received will be posted                      representative.
                                                    proposed rule would not result in such                  without change to http://                                (2) Persons and vessels desiring to
                                                    an expenditure, we do discuss the                       www.regulations.gov and will include                  enter, transit through, or remain within
                                                    effects of this rule elsewhere in this                  any personal information you have                     the regulated area may contact the
                                                    preamble.                                               provided. For more about privacy and                  Captain of the Port Charleston by
                                                                                                            the docket, you may review a Privacy                  telephone at 843–740–7050, or a
                                                    F. Environment                                          Act notice regarding the Federal Docket               designated representative via VHF radio
                                                       We have analyzed this proposed rule                  Management System in the March 24,                    on channel 16, to request authorization.
                                                    under Department of Homeland                            2005, issue of the Federal Register (70               If authorization to enter, transit through,
                                                    Security Management Directive 023–01                    FR 15086).                                            or remain within the regulated area is
                                                    and Commandant Instruction                                 Documents mentioned in this NPRM                   granted by the Captain of the Port
                                                    M16475.lD, which guide the Coast                        as being available in the docket, and all             Charleston or a designated
                                                    Guard in complying with the National                    public comments, will be in our online                representative, all persons and vessels
                                                    Environmental Policy Act of 1969 (42                    docket at http://www.regulations.gov                  receiving such authorization must
                                                    U.S.C. 4321–4370f), and have made a                     and can be viewed by following that                   comply with the instructions of the
                                                    preliminary determination that this                     Web site’s instructions. Additionally, if             Captain of the Port Charleston or a
                                                    action is one of a category of actions that             you go to the online docket and sign up               designated representative.
                                                    do not individually or cumulatively                     for email alerts, you will be notified                   (3) The Coast Guard will provide
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    have a significant effect on the human                  when comments are posted or a final                   notice of the regulated area by Local
                                                    environment. This proposed rule                         rule is published.                                    Notice to Mariners, Broadcast Notice to
                                                    involves safety zone prohibiting vessel                                                                       Mariners, and on-scene designated
                                                                                                            List of Subjects in 33 CFR Part 165                   representatives.
                                                    traffic from a limited area surrounding
                                                    the Cooper River Bridge on the waters                     Harbors, Marine safety, Navigation                     (d) Enforcement Period. This
                                                    of the Cooper River and Town Creek                      (water), Reporting and recordkeeping                  proposed rule will be enforced from
                                                    Reaches for a 3 hour period. This rule                  requirements, Security measures,                      7:30 a.m. until 10:30 a.m. on April 2,
                                                    is categorically excluded from further                  Waterways.                                            2016.


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                                                                          Federal Register / Vol. 81, No. 28 / Thursday, February 11, 2016 / Proposed Rules                                           7259

                                                      Dated: January 29, 2016.                              additional submission methods, please                 ENVIRONMENTAL PROTECTION
                                                    G.L. Tomasulo,                                          contact the person identified in the FOR              AGENCY
                                                    Captain, U.S. Coast Guard, Captain of the               FURTHER INFORMATION CONTACT section.
                                                    Port Charleston.                                        For the full EPA public comment policy,               40 CFR Part 52
                                                    [FR Doc. 2016–02621 Filed 2–10–16; 8:45 am]             information about CBI or multimedia                   [EPA–R04–OAR–2015–0155; FRL–9942–19–
                                                    BILLING CODE 9110–04–P                                  submissions, and general guidance on                  Region 4]
                                                                                                            making effective comments, please visit
                                                                                                            http://www2.epa.gov/dockets/                          Approval and Promulgation of
                                                    ENVIRONMENTAL PROTECTION                                commenting-epa-dockets.                               Implementation Plans; Mississippi;
                                                    AGENCY                                                                                                        Infrastructure Requirements for the
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      2010 Sulfur Dioxide National Ambient
                                                    40 CFR Part 52                                          Andrew Steckel, EPA Region IX, (415)                  Air Quality Standard
                                                                                                            947–4115, email: steckel.andrew@
                                                    [EPA–R09–OAR–2016–0028; FRL–9942–02–                    epa.gov.                                              AGENCY:  Environmental Protection
                                                    Region 9]                                                                                                     Agency.
                                                                                                            SUPPLEMENTARY INFORMATION:       In the               ACTION: Proposed rule.
                                                    Approval of Air Plan Revisions;                         ‘‘Rules and Regulations’’ section of this
                                                    Arizona; Rescissions and Corrections                                                                          SUMMARY:   The Environmental Protection
                                                                                                            Federal Register, the EPA is approving
                                                    AGENCY:  Environmental Protection                       the rescissions from the Arizona SIP,                 Agency (EPA) is proposing to approve,
                                                    Agency (EPA).                                           and correcting the errors from previous               in part, and disapprove in part, portions
                                                                                                            Arizona SIP rulemakings, in a direct                  of the State Implementation Plan (SIP)
                                                    ACTION: Proposed rule.
                                                                                                            final action without prior proposal                   submission, submitted by the State of
                                                    SUMMARY:    The Environmental Protection                because we believe the SIP revision and               Mississippi, through the Mississippi
                                                    Agency (EPA) is proposing to approve                    error corrections are not controversial.              Department of Environmental Quality
                                                    revisions to the Arizona State                          The rescissions involve statutory and                 (MDEQ), on June 20, 2013, to
                                                    Implementation Plan (SIP) under the                                                                           demonstrate that the State meets the
                                                                                                            regulatory provisions related to
                                                    Clean Air Act. These revisions include                                                                        infrastructure requirements of the Clean
                                                                                                            declarations of policy and legal
                                                    rescissions of certain statutory                                                                              Air Act (CAA or Act) for the 2010 1-
                                                                                                            authority, jurisdiction over Indian                   hour sulfur dioxide (SO2) national
                                                    provisions, administrative and                          lands, prohibitory rules, and test
                                                    prohibitory rules, and test methods. The                                                                      ambient air quality standard (NAAQS).
                                                                                                            methods and performance test                          The CAA requires that each state adopt
                                                    EPA is also proposing to correct certain
                                                                                                            specifications. The error corrections                 and submit a SIP for the
                                                    errors in previous actions on prior
                                                                                                            relate to an inadvertent listing of a rule            implementation, maintenance and
                                                    revisions to the Arizona SIP and to
                                                    make certain other corrections. The                     on which the EPA did not take action                  enforcement of each NAAQS
                                                    intended effect is to rescind                           in the Arizona SIP, a typographical                   promulgated by EPA, which is
                                                    unnecessary provisions from the                         error, and erroneous approvals of non-                commonly referred to as an
                                                    applicable SIP and to correct certain                   SIP submittals as part of the SIP.                    ‘‘infrastructure’’ SIP. MDEQ certified
                                                    errors in previous SIP actions.                            A detailed rationale for the approval              that the Mississippi SIP contains
                                                    DATES: Comments must be received by                     of the rescissions and the correction of              provisions that ensure the 2010 1-hour
                                                    March 14, 2016.                                         the errors is set forth in the direct final           SO2 NAAQS is implemented, enforced,
                                                                                                            rule. If we receive adverse comments,                 and maintained in Mississippi. With the
                                                    ADDRESSES: Submit your comments,
                                                                                                            however, we will publish a timely                     exception of the state board majority
                                                    identified by Docket ID No. EPA–R09–                                                                          requirements respecting significant
                                                    OAR–2016–0028 at http://                                withdrawal of the direct final rule and
                                                                                                            address the comments in a subsequent                  portion of income, for which EPA is
                                                    www.regulations.gov, or via email to                                                                          proposing to disapprove, EPA is
                                                    Andrew Steckel, Rules Office Chief, at                  final rule based on this proposed rule.
                                                                                                                                                                  proposing to determine that portions of
                                                    Steckel.Andrew@epa.gov. For comments                    Please note that if the EPA receives
                                                                                                                                                                  Mississippi’s infrastructure submission,
                                                    submitted at Regulations.gov, follow the                adverse comment on an amendment,                      submitted to EPA on June 20, 2013,
                                                    online instructions for submitting                      paragraph, or section of this rule and if             satisfy certain required infrastructure
                                                    comments. Once submitted, comments                      that provision may be severed from the                elements for the 2010 1-hour SO2
                                                    cannot be edited or removed from                        remainder of the rule, the EPA may                    NAAQS.
                                                    Regulations.gov. For either manner of                   adopt as final those provisions of the
                                                    submission, the EPA may publish any                     rule that are not the subject of an                   DATES:  Written comments must be
                                                    comment received to its public docket.                  adverse comment.                                      received on or before March 14, 2016.
                                                    Do not submit electronically any                                                                              ADDRESSES: Submit your comments,
                                                                                                               We do not plan to open a second
                                                    information you consider to be                                                                                identified by Docket ID No. EPA–R04–
                                                    Confidential Business Information (CBI)                 comment period, so anyone interested                  OAR–2015–0155, by one of the
                                                    or other information whose disclosure is                in commenting should do so at this                    following methods:
                                                    restricted by statute. Multimedia                       time. If we do not receive adverse                      1. www.regulations.gov: Follow the
                                                    submissions (audio, video, etc.) must be                comments, no further activity is                      on-line instructions for submitting
                                                    accompanied by a written comment.                       planned. For further information, see                 comments.
jstallworth on DSK7TPTVN1PROD with PROPOSALS




                                                    The written comment is considered the                   please see the direct final action.                     2. Email: R4–ARMS@epa.gov.
                                                    official comment and should include                       Dated: January 25, 2016.                              3. Fax: (404) 562–9019.
                                                    discussion of all points you wish to                    Jared Blumenfeld,                                       4. Mail: ‘‘EPA–R04–OAR–2015–
                                                    make. The EPA will generally not                                                                              0155,’’ Air Regulatory Management
                                                                                                            Regional Administrator, Region IX.
                                                    consider comments or comment                                                                                  Section, Air Planning and
                                                                                                            [FR Doc. 2016–02724 Filed 2–10–16; 8:45 am]
                                                    contents located outside of the primary                                                                       Implementation Branch, Air, Pesticides
                                                    submission (i.e., on the Web, cloud, or                 BILLING CODE 6560–50–P                                and Toxics Management Division, U.S.
                                                    other file sharing system). For                                                                               Environmental Protection Agency,


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Document Created: 2016-02-11 00:03:30
Document Modified: 2016-02-11 00:03:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before February 26, 2016.
ContactIf you have questions about this proposed rulemaking, call or email Lieutenant John Downing, Sector Charleston Office of Waterways Management, Coast Guard; telephone (843) 740-3184, email [email protected]
FR Citation81 FR 7256 
RIN Number1625-AA08

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