81_FR_90532 81 FR 90292 - East Pearl River, Within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, Mississippi; Danger Zone

81 FR 90292 - East Pearl River, Within the Acoustic Buffer Area of the John C. Stennis Space Center, and Adjacent to Lands, in Hancock County, Mississippi; Danger Zone

DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers

Federal Register Volume 81, Issue 240 (December 14, 2016)

Page Range90292-90294
FR Document2016-30013

The U.S. Army Corps of Engineers (Corps) is proposing to revise the existing regulations for a danger zone at the Naval Special Warfare Center (NSWC) N31 Branch within the acoustic buffer of the John C. Stennis Space Center on the East Pearl River, in Hancock County, Mississippi. The Navy requested establishment of a danger zone on waterways and tributaries of the East Pearl that are used by Naval Special Warfare units to conduct riverine training. The purpose of the proposed danger zone is to ensure public safety by restricting access within the danger zone during training events. This amendment to the existing regulation is necessary to minimizing potential conflicts between local populace activities and ongoing military training in the subject area.

Federal Register, Volume 81 Issue 240 (Wednesday, December 14, 2016)
[Federal Register Volume 81, Number 240 (Wednesday, December 14, 2016)]
[Proposed Rules]
[Pages 90292-90294]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30013]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 334


East Pearl River, Within the Acoustic Buffer Area of the John C. 
Stennis Space Center, and Adjacent to Lands, in Hancock County, 
Mississippi; Danger Zone

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking and request for comments.

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

SUMMARY: The U.S. Army Corps of Engineers (Corps) is proposing to 
revise the existing regulations for a danger zone at the Naval Special 
Warfare Center (NSWC) N31 Branch within the acoustic buffer of the John 
C. Stennis Space Center on the East Pearl River, in Hancock County, 
Mississippi. The Navy requested establishment of a danger zone on 
waterways and tributaries of the

[[Page 90293]]

East Pearl that are used by Naval Special Warfare units to conduct 
riverine training. The purpose of the proposed danger zone is to ensure 
public safety by restricting access within the danger zone during 
training events. This amendment to the existing regulation is necessary 
to minimizing potential conflicts between local populace activities and 
ongoing military training in the subject area.

DATES: Written comments must be submitted on or before January 13, 
2017.

ADDRESSES: You may submit comments, identified by docket number COE-
2016-0014, by any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    Email: [email protected]. Include the docket number, 
COE-2016-0014, in the subject line of the message.
    Mail: U.S. Army Corps of Engineers, Attn: CECW-CO (David B. Olson), 
441 G Street NW., Washington, DC 20314-1000.
    Hand Delivery/Courier: Due to security requirements, we cannot 
receive comments by hand delivery or courier.
    Instructions: Direct your comments to docket number COE-2016-0014. 
All comments received will be included in the public docket without 
change and may be made available on-line at http://www.regulations.gov, 
including any personal information provided, unless the commenter 
indicates that the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI, or otherwise protected, through regulations.gov or 
email. The regulations.gov Web site is an anonymous access system, 
which means we will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
directly to the Corps without going through regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, we recommend that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If we cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, we may not be able to consider your comment. Electronic 
comments should avoid the use of any special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: For access to the docket to read background documents or 
comments received, go to www.regulations.gov. All documents in the 
docket are listed. Although listed in the index, some information is 
not publicly available, such as CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the internet and will be 
publicly available only in hard copy form.

FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters, 
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Ms. Kristi Hall, U.S. Army Corps of Engineers, Vicksburg 
District, Regulatory Branch at 601-631-7528.

SUPPLEMENTARY INFORMATION: 

Background

    Pursuant to its authorities in Section 7 of the Rivers and Harbors 
Act of 1917 (40 Stat 266; 33 U.S.C. 1) and Chapter XIX of the Army 
Appropriations Act of 1919 (40 Stat 892; 33 U.S.C. 3) the Corps is 
proposing to revise the regulations at 33 CFR part 334 by establishing 
a danger zone along the East Pearl River. The amendment to this 
regulation will allow the Commanding Officer of the Naval Construction 
Battalion Center, Gulfport, MS to restrict passage of persons, 
watercraft, and vessels in the waters within the danger zone during 
Department of Defense training for conducting coastal and riverine 
special operations in support of global military missions. This area is 
referred to as a danger zone due to the use of short-range tactical 
ammunition within riverine areas.

Procedural Requirements

    a. Review Under Executive Order 12866. The proposed rule is issued 
with respect to a military function of the Department of Defense and 
the provisions of Executive Order 12866 do not apply.
    b. Review Under the Regulatory Flexibility Act. This proposed rule 
has been reviewed under the Regulatory Flexibility Act (Pub. L. 96-
354). The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to 
notice-and-comment rulemaking requirements under the Administrative 
Procedure Act or any other statute unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities (i.e., small businesses and small 
governments). The danger zone is necessary to protect public safety 
during training exercises. Small entities can utilize navigable waters 
outside of the danger zone when the danger zone is activated. Unless 
information is obtained to the contrary during the comment period, the 
Corps certifies that the proposed rule would have no significant 
economic impact on the public. After considering the economic impacts 
of this proposed danger zone regulation on small entities, I certify 
that this action will not have a significant impact on a substantial 
number of small entities.
    c. Review Under the National Environmental Policy Act. Due to the 
administrative nature of this action and because there is no intended 
change in the use of the area, the Corps expects that this regulation, 
if adopted, will not have a significant impact on the quality of the 
human environment and, therefore, preparation of an environmental 
impact statement will not be required. An environmental assessment will 
be prepared after the public notice period is closed and all comments 
have been received and considered.
    d. Unfunded Mandates Act. This proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and Tribal governments, in the aggregate, or the 
private sector in any one year. Therefore, this proposed rule is not 
subject to the requirements of Sections 202 and 205 of the Unfunded 
Mandates Reform Act (UMRA). The proposed rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. Therefore, the proposed rule is not subject to the 
requirements of Section 203 of UMRA.

List of Subjects in 33 CFR Part 334

    Danger zones, Navigation (water), Restricted areas, Waterways.

    For the reasons set out in the preamble, the Corps proposes to 
amend 33 CFR part 334 as follows:

PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS

0
1. The authority citation for part 334 continues to read as follows:

    Authority:  40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
U.S.C. 3).

0
2. Add Sec.  334.784 to read as follows:

[[Page 90294]]

Sec.  334.784   East Pearl River, within the acoustic buffer area of 
the John C. Stennis Space Center, and adjacent to lands, in Hancock 
County, Mississippi; danger zone.

    (a) The area. A danger zone is established in and to the extent of 
waters of the United States, as defined in 33 CFR part 329, in the 
following reaches of the East Pearl River south of a point, on the left 
descending bank, located at latitude 30.4030[deg] N., longitude -
89.6815[deg] W., to a point below the confluence of Mikes River, 
located at latitude 30.3561[deg] N., longitude -89.6514[deg] W. The 
datum is NAD83.
    (b) The regulation. (1) No person, vessel, or other watercraft, 
other than a vessel owned and operated by the United States, shall 
enter or remain in the danger zone, or within a portion or portions 
thereof, when closed to public access, as provided in paragraph (b)(2) 
of this section, below, except by permission of Commander, Naval 
Construction Battalion Center, Gulfport or such other person(s) as he 
or she may designate.
    (2) The danger zone, or a portion or portions thereof, will be 
closed, for riverine, weapons, or other dangerous naval training, by 
placement of Government picket boats at the northern and southern 
boundaries in the East Pearl River, or at such other location(s) within 
the danger zone as may be determined to be sufficient to protect the 
public. Prior to closure, picket boats will transit the area(s) to be 
closed, to ensure that no persons, vessels, or other watercraft are 
present. Once the danger zone, or location(s) within the zone, has been 
cleared, picket boats will remain in position, upstream and downstream, 
until it is safe to re-open the area(s) to public access.
    (3) Riverine, weapons, and other dangerous naval training may occur 
on any day of the week, typically, but not exclusively, in periods of 
two to eight hours, between 6 a.m. and 6 p.m. Training may occur at 
night, in darkness.
    (c) Enforcement. The restrictions on public access in this section 
shall be enforced by Commander, Naval Construction Battalion Center, 
Gulfport or by such other person(s) as he or she may designate.

    Dated: December 1, 2016.
Susan S. Whittington,
Chief, Operations and Regulatory Division, Directorate of Civil Works.
[FR Doc. 2016-30013 Filed 12-13-16; 8:45 am]
 BILLING CODE 3720-58-P



                                                  90292             Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  BILLING CODE 5001–03–C                                     (b) Fee estimate. When a requestor is              reduce them to an electronic format for
                                                  § 516.11 Witnesses before foreign                       assessed fees for processing a request,               delivery.
                                                  tribunals.                                              the responding office must provide an                   (h) Release of records of other
                                                                                                          estimate of assessable fees if requested.             agencies. An individual requesting
                                                     (a) Referral to the SJA. Requests or
                                                                                                             (c) Requestor. Requestors should                   records originating in agencies outside
                                                  subpoenas from a foreign government or
                                                                                                          indicate a willingness to pay fees                    DA (e.g., FBI reports, local police
                                                  tribunal for present DA personnel
                                                                                                          associated with the processing of their               reports, civilian hospital records) that
                                                  stationed or employed within that
                                                                                                          request before the responding office                  are also included in Army records
                                                  country to be interviewed or to appear
                                                                                                          begins processing the request for official            should be advised to direct his or her
                                                  as witnesses will be forwarded to the
                                                                                                          information. No work on a request for                 inquiry to the originating agency.
                                                  SJA of the command exercising general
                                                                                                          official information should begin if: A               Nevertheless, referring requesters to
                                                  court-martial jurisdiction over the unit
                                                                                                          requestor is unwilling to pay fees                    other agencies does not absolve DA
                                                  to which the individual is assigned,
                                                                                                          associated with a request; the requestor              personnel of the requirements to
                                                  attached, or employed. The SJA will
                                                                                                          is past due in the payment of fees from               respond to court orders or subpoenas.
                                                  determine the following:
                                                     (1) Whether a consideration listed in                a previous request for official
                                                                                                                                                                § 516.13   News media and other inquiries.
                                                  §§ 516.3 (a)(1)–(7) above applies.                      information; or the requestor disagrees
                                                                                                          with the fee estimate. If fees are                       News media inquiries regarding
                                                     (2) Whether the information requested                                                                      litigation or potential litigation will be
                                                  is releasable under the principles                      assessed, responding offices should
                                                                                                          receive payment before releasing the                  referred to the appropriate public affairs
                                                  established in this subpart.                                                                                  office. DA personnel will not comment
                                                     (3) Whether the approval of the                      documents.
                                                                                                                                                                on any matter currently or potentially in
                                                  American Embassy should be obtained                        (d) Computation of fees. The
                                                                                                                                                                litigation without proper clearance.
                                                  because the person is attached to the                   Schedule of Fees and Rates in 32 CFR
                                                                                                                                                                Local public affairs officers will refer
                                                  Embassy staff or a question of                          204.9 will be used to compute the direct
                                                                                                                                                                press inquiries to HQDA (SAPA–OSR),
                                                  diplomatic immunity may be involved.                    costs of the search, review, and
                                                                                                                                                                WASHINGTON, DC 20310–1500, with
                                                     (4) Whether coordination with OTJAG                  duplication associated with processing a
                                                                                                                                                                appropriate recommendations for
                                                  International Law office is necessary to                given request for official information.
                                                                                                                                                                review and approval by the Office of the
                                                  respond to the request.                                 Fees should reflect direct costs (i.e.,
                                                                                                                                                                Chief of Public Affairs. All releases of
                                                     (b) United States has an interest in the             expenditures actually incurred) for
                                                                                                                                                                information regarding actual or
                                                  litigation. If the SJA determines that the              search, review, and duplication of
                                                                                                                                                                potential litigation will be coordinated
                                                  United States has an interest in the                    responsive documents. DA Personnel
                                                                                                                                                                with Litigation Division prior to release.
                                                  litigation, the commander may                           will ensure that no fee is assessed for
                                                                                                                                                                Normally, DOJ is responsible for
                                                  authorize the interview or order the                    the benefits listed in 32 CFR 204.8 or
                                                                                                                                                                responding to media inquiries regarding
                                                  individual’s attendance in a temporary                  where otherwise prohibited.
                                                                                                                                                                cases in federal litigation.
                                                  duty status. The United States will be                     (e) Search. The term ‘‘search’’
                                                                                                          includes all time spent looking, both                   For the Judge Advocate General.
                                                  deemed to have an interest in the
                                                                                                          manually and electronically, for                      Francis P. King,
                                                  litigation if it is bound by treaty or other
                                                  international agreement to ensure the                   material that is responsive to a request.             Colonel, Judge Advocate, Executive Officer.
                                                  attendance of such personnel.                           Search also includes a page-by-page or                [FR Doc. 2016–29835 Filed 12–13–16; 8:45 am]
                                                     (c) United States has no interest in the             line-by-line identification (if necessary)            BILLING CODE 5001–03–P
                                                  litigation. If the SJA determines that the              of material in the record to determine if
                                                  United States does not have an interest                 it, or portions thereof are responsive to
                                                  in the litigation, the commander may                    the request. Responding offices should                DEPARTMENT OF DEFENSE
                                                  authorize the interview or the                          ensure that searches are done in the
                                                  appearance of the witness under the                     most efficient and least expensive                    Department of the Army, Corps of
                                                  principles established in § 516.8.                      manner so as to minimize costs for both               Engineers
                                                     (d) Witnesses located outside the                    the responding office and the requestor.
                                                  requestor’s country. If the requested                      (f) Review. The term ‘‘review’’ refers             33 CFR Part 334
                                                  witness is stationed in a country other                 to the process of examining documents
                                                                                                          located in response to a request for                  East Pearl River, Within the Acoustic
                                                  than the requestor’s, the matter will be
                                                                                                          official information to determine                     Buffer Area of the John C. Stennis
                                                  referred to the General Litigation
                                                                                                          whether release is appropriate under                  Space Center, and Adjacent to Lands,
                                                  Branch, Litigation Division.
                                                                                                          this subpart. It also includes processing             in Hancock County, Mississippi;
                                                  § 516.12   Fees and expenses.                           the documents for disclosure, such as                 Danger Zone
                                                    (a) Fees and charges. DA personnel                    redaction prior to release. Review does               AGENCY:    U.S. Army Corps of Engineers,
                                                  who respond to requests for official                    not include the time spent resolving                  DoD.
                                                  information may collect fees from the                   general legal or policy issues regarding              ACTION:Notice of proposed rulemaking
                                                  requestor for the direct costs of the                   the release determination.                            and request for comments.
                                                  search, duplication, and review of                         (g) Duplication. The term
                                                  responsive information pursuant to the                  ‘‘duplication’’ refers to the process of              SUMMARY:   The U.S. Army Corps of
                                                  authority granted in 31 U.S.C. 9701 and                 making a copy of a document in                        Engineers (Corps) is proposing to revise
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  according to the fee schedule and                       response to a request for official                    the existing regulations for a danger
                                                  processing guidance outlined in DOD                     information. For duplication of                       zone at the Naval Special Warfare
                                                  Instruction 7000.14, DOD Financial                      electronic information for delivery in an             Center (NSWC) N31 Branch within the
                                                  Management Policy and Procedures,                       electronic format, the actual cost,                   acoustic buffer of the John C. Stennis
                                                  Volume 11, Chapter 4 of DOD 7000.14–                    including the operator’s time, will be                Space Center on the East Pearl River, in
                                                  R, Financial Management Regulation,                     charged, but not a ‘‘per page’’ charge                Hancock County, Mississippi. The Navy
                                                  OMB Circular A–25 ‘‘User Charges’’,                     unless hardcopy documents were                        requested establishment of a danger
                                                  and 32 CFR 204 ‘‘User Fees.’’                           duplicated and handled in order to                    zone on waterways and tributaries of the


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                                                                    Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules                                              90293

                                                  East Pearl that are used by Naval Special               special characters, any form of                       number of small entities (i.e., small
                                                  Warfare units to conduct riverine                       encryption, and be free of any defects or             businesses and small governments). The
                                                  training. The purpose of the proposed                   viruses.                                              danger zone is necessary to protect
                                                  danger zone is to ensure public safety by                  Docket: For access to the docket to                public safety during training exercises.
                                                  restricting access within the danger                    read background documents or                          Small entities can utilize navigable
                                                  zone during training events. This                       comments received, go to                              waters outside of the danger zone when
                                                  amendment to the existing regulation is                 www.regulations.gov. All documents in                 the danger zone is activated. Unless
                                                  necessary to minimizing potential                       the docket are listed. Although listed in             information is obtained to the contrary
                                                  conflicts between local populace                        the index, some information is not                    during the comment period, the Corps
                                                  activities and ongoing military training                publicly available, such as CBI or other              certifies that the proposed rule would
                                                  in the subject area.                                    information whose disclosure is                       have no significant economic impact on
                                                  DATES: Written comments must be                         restricted by statute. Certain other
                                                                                                                                                                the public. After considering the
                                                  submitted on or before January 13, 2017.                material, such as copyrighted material,
                                                                                                                                                                economic impacts of this proposed
                                                  ADDRESSES: You may submit comments,
                                                                                                          is not placed on the internet and will be
                                                                                                          publicly available only in hard copy                  danger zone regulation on small entities,
                                                  identified by docket number COE–                                                                              I certify that this action will not have a
                                                  2016–0014, by any of the following                      form.
                                                                                                                                                                significant impact on a substantial
                                                  methods:                                                FOR FURTHER INFORMATION CONTACT:  Mr.                 number of small entities.
                                                     Federal eRulemaking Portal: http://                  David Olson, Headquarters, Operations
                                                  www.regulations.gov. Follow the                         and Regulatory Community of Practice,                    c. Review Under the National
                                                  instructions for submitting comments.                   Washington, DC at 202–761–4922 or Ms.                 Environmental Policy Act. Due to the
                                                     Email: david.b.olson@usace.army.mil.                 Kristi Hall, U.S. Army Corps of                       administrative nature of this action and
                                                  Include the docket number, COE–2016–                    Engineers, Vicksburg District,                        because there is no intended change in
                                                  0014, in the subject line of the message.               Regulatory Branch at 601–631–7528.                    the use of the area, the Corps expects
                                                     Mail: U.S. Army Corps of Engineers,                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                that this regulation, if adopted, will not
                                                  Attn: CECW–CO (David B. Olson), 441                                                                           have a significant impact on the quality
                                                  G Street NW., Washington, DC 20314–                     Background                                            of the human environment and,
                                                  1000.                                                      Pursuant to its authorities in Section             therefore, preparation of an
                                                     Hand Delivery/Courier: Due to                        7 of the Rivers and Harbors Act of 1917               environmental impact statement will
                                                  security requirements, we cannot                        (40 Stat 266; 33 U.S.C. 1) and Chapter                not be required. An environmental
                                                  receive comments by hand delivery or                    XIX of the Army Appropriations Act of                 assessment will be prepared after the
                                                  courier.                                                1919 (40 Stat 892; 33 U.S.C. 3) the Corps             public notice period is closed and all
                                                     Instructions: Direct your comments to                is proposing to revise the regulations at             comments have been received and
                                                  docket number COE–2016–0014. All                        33 CFR part 334 by establishing a                     considered.
                                                  comments received will be included in                   danger zone along the East Pearl River.                  d. Unfunded Mandates Act. This
                                                  the public docket without change and                    The amendment to this regulation will                 proposed rule does not contain a
                                                  may be made available on-line at http://                allow the Commanding Officer of the
                                                  www.regulations.gov, including any                                                                            Federal mandate that may result in
                                                                                                          Naval Construction Battalion Center,                  expenditures of $100 million or more
                                                  personal information provided, unless                   Gulfport, MS to restrict passage of
                                                  the commenter indicates that the                                                                              for State, local, and Tribal governments,
                                                                                                          persons, watercraft, and vessels in the
                                                  comment includes information claimed                                                                          in the aggregate, or the private sector in
                                                                                                          waters within the danger zone during
                                                  to be Confidential Business Information                                                                       any one year. Therefore, this proposed
                                                                                                          Department of Defense training for
                                                  (CBI) or other information whose                                                                              rule is not subject to the requirements
                                                                                                          conducting coastal and riverine special
                                                  disclosure is restricted by statute. Do                 operations in support of global military              of Sections 202 and 205 of the
                                                  not submit information that you                         missions. This area is referred to as a               Unfunded Mandates Reform Act
                                                  consider to be CBI, or otherwise                        danger zone due to the use of short-                  (UMRA). The proposed rule contains no
                                                  protected, through regulations.gov or                   range tactical ammunition within                      regulatory requirements that might
                                                  email. The regulations.gov Web site is                  riverine areas.                                       significantly or uniquely affect small
                                                  an anonymous access system, which                                                                             governments. Therefore, the proposed
                                                  means we will not know your identity                    Procedural Requirements                               rule is not subject to the requirements
                                                  or contact information unless you                         a. Review Under Executive Order                     of Section 203 of UMRA.
                                                  provide it in the body of your comment.                 12866. The proposed rule is issued with
                                                                                                                                                                List of Subjects in 33 CFR Part 334
                                                  If you send an email directly to the                    respect to a military function of the
                                                  Corps without going through                             Department of Defense and the                           Danger zones, Navigation (water),
                                                  regulations.gov, your email address will                provisions of Executive Order 12866 do                Restricted areas, Waterways.
                                                  be automatically captured and included                  not apply.
                                                  as part of the comment that is placed in                  b. Review Under the Regulatory                        For the reasons set out in the
                                                  the public docket and made available on                 Flexibility Act. This proposed rule has               preamble, the Corps proposes to amend
                                                  the Internet. If you submit an electronic               been reviewed under the Regulatory                    33 CFR part 334 as follows:
                                                  comment, we recommend that you                          Flexibility Act (Pub. L. 96–354). The
                                                  include your name and other contact                     Regulatory Flexibility Act generally                  PART 334—DANGER ZONE AND
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  information in the body of your                         requires an agency to prepare a                       RESTRICTED AREA REGULATIONS
                                                  comment and with any disk or CD–ROM                     regulatory flexibility analysis of any rule
                                                  you submit. If we cannot read your                      subject to notice-and-comment                         ■ 1. The authority citation for part 334
                                                  comment because of technical                            rulemaking requirements under the                     continues to read as follows:
                                                  difficulties and cannot contact you for                 Administrative Procedure Act or any                     Authority: 40 Stat. 266 (33 U.S.C. 1) and
                                                  clarification, we may not be able to                    other statute unless the agency certifies             40 Stat. 892 (33 U.S.C. 3).
                                                  consider your comment. Electronic                       that the rule will not have a significant
                                                  comments should avoid the use of any                    economic impact on a substantial                      ■   2. Add § 334.784 to read as follows:


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                                                  90294                   Federal Register / Vol. 81, No. 240 / Wednesday, December 14, 2016 / Proposed Rules

                                                  § 334.784 East Pearl River, within the                                  Dated: December 1, 2016.                                 eRulemaking Portal: http://
                                                  acoustic buffer area of the John C. Stennis                           Susan S. Whittington,                                      www.regulations.gov. Follow the online
                                                  Space Center, and adjacent to lands, in                               Chief, Operations and Regulatory Division,                 instructions for submitting comments.
                                                  Hancock County, Mississippi; danger zone.                             Directorate of Civil Works.                                Once submitted, comments cannot be
                                                    (a) The area. A danger zone is                                      [FR Doc. 2016–30013 Filed 12–13–16; 8:45 am]               edited or withdrawn from
                                                  established in and to the extent of                                   BILLING CODE 3720–58–P                                     Regulations.gov. The EPA may publish
                                                  waters of the United States, as defined                                                                                          any comment received to its public
                                                  in 33 CFR part 329, in the following                                                                                             docket. Do not submit electronically any
                                                  reaches of the East Pearl River south of                              ENVIRONMENTAL PROTECTION                                   information you consider to be
                                                  a point, on the left descending bank,                                 AGENCY                                                     Confidential Business Information (CBI)
                                                  located at latitude 30.4030° N.,                                                                                                 or other information whose disclosure is
                                                  longitude ¥89.6815° W., to a point                                    40 CFR Parts 79 and 80                                     restricted by statute. Multimedia
                                                  below the confluence of Mikes River,                                                                                             submissions (audio, video, etc.) must be
                                                  located at latitude 30.3561° N.,                                      [EPA–HQ–OAR–2016–0041; FRL–9956–44–
                                                                                                                        OAR]
                                                                                                                                                                                   accompanied by a written comment.
                                                  longitude ¥89.6514° W. The datum is                                                                                              The written comment is considered the
                                                  NAD83.                                                                RIN 2060–AS66                                              official comment and should include
                                                     (b) The regulation. (1) No person,                                                                                            discussion of all points you wish to
                                                  vessel, or other watercraft, other than a                             Notice of Data Availability Concerning                     make. The EPA will generally not
                                                  vessel owned and operated by the                                      the Renewables Enhancement and                             consider comments or comment
                                                  United States, shall enter or remain in                               Growth Support Rule                                        contents located outside of the primary
                                                  the danger zone, or within a portion or                               AGENCY: Environmental Protection                           submission (i.e., on the web, cloud, or
                                                  portions thereof, when closed to public                               Agency (EPA).                                              other file sharing system). For
                                                  access, as provided in paragraph (b)(2)                               ACTION: Notice of data availability.                       additional submission methods, the full
                                                  of this section, below, except by                                                                                                EPA public comment policy,
                                                  permission of Commander, Naval                                        SUMMARY:    This Notice provides an                        information about CBI or multimedia
                                                  Construction Battalion Center, Gulfport                               opportunity to comment on new                              submissions, and general guidance on
                                                  or such other person(s) as he or she may                              information that pertains to the                           making effective comments, please visit
                                                  designate.                                                            proposed provisions for ethanol flex                       http://www2.epa.gov/dockets/
                                                     (2) The danger zone, or a portion or                               fuel contained in the Renewables                           commenting-epa-dockets.
                                                  portions thereof, will be closed, for                                 Enhancement and Growth Support                             FOR FURTHER INFORMATION CONTACT: Julia
                                                  riverine, weapons, or other dangerous                                 (REGS) rule which was published in the                     MacAllister, Assessment and Standards
                                                  naval training, by placement of                                       Federal Register on November 16, 2016.                     Division, Office of Transportation and
                                                  Government picket boats at the northern                               The new information is contained in the                    Air Quality, Environmental Protection
                                                  and southern boundaries in the East                                   report titled ‘‘Property Analysis of                       Agency, 2000 Traverwood Drive, Ann
                                                  Pearl River, or at such other location(s)                             Ethanol—Natural Gasoline—BOB                               Arbor, MI 48105; telephone number:
                                                  within the danger zone as may be                                      Blends to Make Flex Fuel’’ that has been                   (734) 214–4131; email address:
                                                  determined to be sufficient to protect                                placed in the public docket for this                       macallister.julia@epa.gov.
                                                  the public. Prior to closure, picket boats                            action. In the proposed REGS rule, the
                                                  will transit the area(s) to be closed, to                             EPA proposed volatility standards for                      Outline of This Preamble
                                                  ensure that no persons, vessels, or other                             ethanol flex fuel (EFF) to prevent                         I. General Information
                                                  watercraft are present. Once the danger                               excessive evaporative emissions that                          A. Does this action apply to me?
                                                  zone, or location(s) within the zone, has                             could adversely affect the emissions                          B. What is the Agency’s authority for
                                                  been cleared, picket boats will remain in                             control systems of flexible fuel vehicles                       taking this action?
                                                  position, upstream and downstream,                                    (FFVs) and human health. The EPA                           II. Request for Comment
                                                  until it is safe to re-open the area(s) to                            proposed a fuel volatility compliance                         A. Background
                                                                                                                        tool for use by regulated entities to                         B. Potential Changes to the Proposed
                                                  public access.
                                                                                                                                                                                        Ethanol Flex Fuel Volatility Compliance
                                                     (3) Riverine, weapons, and other                                   demonstrate compliance with the
                                                                                                                                                                                        Tool
                                                  dangerous naval training may occur on                                 proposed volatility standards for EFF.
                                                                                                                        The new information being made                             SUPPLEMENTARY INFORMATION:
                                                  any day of the week, typically, but not
                                                  exclusively, in periods of two to eight                               available by this notice indicates that                    I. General Information
                                                  hours, between 6 a.m. and 6 p.m.                                      the proposed compliance tool may need
                                                  Training may occur at night, in                                       to be modified to adequately estimate                      A. Does this action apply to me?
                                                  darkness.                                                             the volatility of EFF when natural                           This action relates to provisions in a
                                                     (c) Enforcement. The restrictions on                               gasoline is used as a blendstock.                          previously promulgated Proposed Rule
                                                  public access in this section shall be                                DATES: Comments. Comments must be                          that would potentially affect companies
                                                  enforced by Commander, Naval                                          received on or before January 17, 2017.                    involved with the production,
                                                  Construction Battalion Center, Gulfport                               ADDRESSES: Submit your comments,                           distribution, and sale of blends of
                                                  or by such other person(s) as he or she                               identified by Docket ID No. EPA–HQ–                        ethanol and gasoline. Potentially
                                                  may designate.                                                        OAR–2016–0041, to the Federal                              regulated categories include:
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                       Category                                  NAICS 1 code                                                        Examples of potentially affected entities

                                                  Industry   ..............   211112 .....................................................   Natural gas liquids extraction and fractionation.
                                                  Industry   ..............   211112, 324110 ......................................          Ethanol denaturant manufacturers.
                                                  Industry   ..............   324110 .....................................................   Petroleum refineries (including importers).
                                                  Industry   ..............   325110 .....................................................   Butane and pentane manufacturers.
                                                  Industry   ..............   325193 .....................................................   Ethyl alcohol manufacturing.
                                                  Industry   ..............   424710, 424720 ......................................          Petroleum Bulk Stations and Terminals; Petroleum and Petroleum Products
                                                                                                                                               Wholesalers.



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Document Created: 2016-12-14 00:48:37
Document Modified: 2016-12-14 00:48:37
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 and request for comments.
DatesWritten comments must be submitted on or before January 13, 2017.
ContactMr. David Olson, Headquarters, Operations and Regulatory Community of Practice, Washington, DC at 202- 761-4922 or Ms. Kristi Hall, U.S. Army Corps of Engineers, Vicksburg District, Regulatory Branch at 601-631-7528.
FR Citation81 FR 90292 
CFR AssociatedDanger Zones; Navigation (water); Restricted Areas and Waterways

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