82 FR 5482 - Safety Zones; San Francisco, CA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 11 (January 18, 2017)
Coast Guard
Federal Register Volume 82, Issue 11 (January 18, 2017)
| Page Range | 5482-5485 | |
| FR Document | 2017-01050 |
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)] [Proposed Rules] [Pages 5482-5485] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-01050] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2016-0836] RIN 1625-AA00 Safety Zones; San Francisco, CA AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to amend, add, and delete several permanent safety zones located in the Captain of the Port San Francisco zone that are established to protect public safety during annual firework displays. These amendments will update listed events to accurately reflect the firework display locations. This proposed rulemaking would limit the movement of vessels within the established firework display areas unless authorized by the Captain of the Port (COTP) San Francisco or a designated representative. We invite your comments on this proposed rulemaking. DATES: Comments and related material must be received by the Coast Guard on or before February 17, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0836 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of theSUPPLEMENTARY INFORMATION section for further instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions about this proposed rulemaking, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415-399-3585, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking PATCOM Patrol Commander Sec. Section U.S.C. United States Code II. Background, Purpose, and Legal Basis The Coast Guard is conducting this rulemaking under the authority of 33 U.S.C. 1231. Fireworks displays are held annually on a recurring basis on the navigable waters within the COTP San Francisco zone. One of the published annual fireworks events that require safety zones does not currently reflect the accurate location of the respective display sites. Three annual fireworks events that require safety zones are not published in 33 CFR 165.1191 and one published fireworks event has not occurred since 2009. These safety zones are necessary to provide for the safety of the crew, spectators, participants of the event, participating vessels, and other users and vessels of the waterway from the hazards associated with firework displays. The effect of these proposed safety zones will be to restrict general navigation in the vicinity of the events, from the start of each event until the conclusion of that event. Except for the persons or vessels authorized by the COTP San Francisco or a designated representative, no person or vessel may enter or remain in the regulated area. These regulations are needed to keep spectators and vessels a safe distance away from the fireworks displays to ensure the safety of participants, spectators, and transiting vessels. III. Discussion of Proposed Rule The Coast Guard has reviewed 33 CFR 165.1191 for accuracy. The Coast Guard is proposing to amend Table 1 in Sec. 1191 to modify one event to reflect the current event locations, add three events, and delete one outdated event. The event proposed to be modified is listed numerically in Table 1 of this section as item 9, ``Fourth of July Fireworks, City of Richmond.'' The display location currently listed, Richmond Harbor, has been deemed undesirable or hazardous by the event sponsors, and so it is being changed to a barge located in the harbor, and the area of the safety zone would be the area around the barge. We are also proposing to add three events to Table 1 of 33 CFR 165.1191, as items 28, 29, and 30. These events are titled Execpro Services Fourth of July Fireworks, Monte Foundation Fireworks, Lake Tahoe, and Sausalito Lighted Boat Parade Fireworks, respectively. The events proposed to be added have taken place in 2011, 2013, and 2014, and we believe that they will likely be regularly scheduled in the future. For those reasons, we believe it is beneficial to include them in the permanent regulation. Finally, we propose to remove item 2, ``KFOG KaBoom,'' as this event is outdated. It is unlikely to reoccur and its continued inclusion in the regulation offers the possibility of confusion. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. [[Page 5483]] 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation No. 0170.1. 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 and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This NPRM has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget. This regulatory action determination is based on the size, location, duration, and time-of-day of each safety zone. Vessel traffic would be able to safely transit around each safety zone which would impact a small designated area of the COTP San Francisco zone for less than 1 hour during the evening when vessel traffic is normally low. Moreover, the Coast Guard would issue a Local Notice to Mariner and Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule would allow vessels to seek permission to enter the zones. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator. 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 (Public Law 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). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this proposed rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this proposed rule does not have tribal implications under Executive Order 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. 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 a safety zones lasting less than 1 hour that would prohibit entry within 1,000 feet of a fireworks barge. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary environmental analysis checklist and Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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 [[Page 5484]] 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 to 33 CFR part 165 as follows: 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; Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 165.1191, in Table 1 to Sec. 165.1191, remove and reserve item 2, revise item 9, and add items 28, 29, and 30, to read as follows: Sec. 165.1191 Northern California and Lake Tahoe Area Annual Fireworks Events. * * * * * Table 1 to Sec. 165.1191 ------------------------------------------------------------------------ ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ 2. [Reserved] ------------------------------------------------------------------------ * * * * * * * ------------------------------------------------------------------------ 9. Fourth of July Fireworks, City of Richmond ------------------------------------------------------------------------ Sponsor...................... Various Sponsors. Event Description............ Fireworks Display. Date......................... Week of July 4th. Location..................... A barge located in Richmond Harbor in approximate position 37[deg]54'40'' N, 122[deg]21'05'' W, Richmond, CA. Regulated Area............... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 560- foot radius upon commencement of the fireworks display. * * * * * * * ------------------------------------------------------------------------ 28. Execpro Services Fourth of July Fireworks ------------------------------------------------------------------------ Sponsor...................... Execpro Services Inc. Event Description............ Fireworks Display. Date......................... Week of July 4th. Location..................... Off-shore from Incline Village, NV. Regulated Area............... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000- foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 29. Monte Foundation Fireworks, Lake Tahoe ------------------------------------------------------------------------ Sponsor...................... Monte Foundation. Event Description............ Fireworks Display. Date......................... Week of Labor Day. Location..................... Carnelian Bay, Lake Tahoe, CA. Regulated Area............... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000- foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ 30. Sausalito Lighted Boat Parade Fireworks ------------------------------------------------------------------------ Sponsor...................... Various Sponsors. Event Description............ Fireworks Display. Date......................... A Saturday or Sunday in December. Location..................... Off-shore from Sausalito Point, Sausalito, CA. Regulated Area............... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the scheduled display. Increases to a 1,000- foot radius upon commencement of the fireworks display. ------------------------------------------------------------------------ [[Page 5485]] Dated: December 13, 2016. Anthony J. Ceraolo, Captain, U.S. Coast Guard,Captain of the Port San Francisco. [FR Doc. 2017-01050 Filed 1-17-17; 8:45 am] BILLING CODE 9110-04-P
![5482 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules
during the weeks of Veterans Day and DEPARTMENT OF HOMELAND navigable waters within the COTP San
Thanksgiving Day. The Captain of the SECURITY Francisco zone. One of the published
Port Honolulu, will establish annual fireworks events that require
enforcement dates that will be Coast Guard safety zones does not currently reflect
announced by Notice of Enforcement, the accurate location of the respective
Local Notice to Mariners, Broadcast 33 CFR Part 165 display sites. Three annual fireworks
Notice to Mariners, on-scene designated [Docket Number USCG–2016–0836]
events that require safety zones are not
representatives, and outreach. published in 33 CFR 165.1191 and one
RIN 1625–AA00 published fireworks event has not
(c) Regulations. (1) All persons and occurred since 2009. These safety zones
vessels not registered with the sponsor Safety Zones; San Francisco, CA are necessary to provide for the safety of
as participants or support/enforcement the crew, spectators, participants of the
AGENCY: Coast Guard, DHS.
vessels are considered spectators. The event, participating vessels, and other
‘‘support/enforcement vessels’’ consist ACTION: Notice of proposed rulemaking.
users and vessels of the waterway from
of any territory, or local law SUMMARY: The Coast Guard proposes to the hazards associated with firework
enforcement and sponsor provided amend, add, and delete several displays. The effect of these proposed
vessels assigned or approved by the permanent safety zones located in the safety zones will be to restrict general
Captain of the Port Honolulu to patrol Captain of the Port San Francisco zone navigation in the vicinity of the events,
the regulated area. that are established to protect public from the start of each event until the
safety during annual firework displays. conclusion of that event. Except for the
(2) No spectator shall anchor, block,
These amendments will update listed persons or vessels authorized by the
loiter or impede the transit of
events to accurately reflect the firework COTP San Francisco or a designated
participants or support/enforcement representative, no person or vessel may
vessels in the regulated area during the display locations. This proposed
rulemaking would limit the movement enter or remain in the regulated area.
enforcement dates and times, unless These regulations are needed to keep
cleared for entry by or through a of vessels within the established
firework display areas unless authorized spectators and vessels a safe distance
support/enforcement vessel. away from the fireworks displays to
by the Captain of the Port (COTP) San
(3) Spectator vessels may be moored Francisco or a designated ensure the safety of participants,
to a waterfront facility within the representative. We invite your spectators, and transiting vessels.
regulated area in such a way that they comments on this proposed rulemaking. III. Discussion of Proposed Rule
shall not interfere with the progress of DATES: Comments and related material The Coast Guard has reviewed 33 CFR
the event. Such mooring must be must be received by the Coast Guard on 165.1191 for accuracy. The Coast Guard
complete at least 30 minutes prior to the or before February 17, 2017. is proposing to amend Table 1 in § 1191
establishment of the regulated area and ADDRESSES: You may submit comments to modify one event to reflect the
remain moored through the duration of identified by docket number USCG– current event locations, add three
the event. 2016–0836 using the Federal events, and delete one outdated event.
(d) Informational Broadcasts. The eRulemaking Portal at http:// The event proposed to be modified is
Captain of the Port Honolulu, will www.regulations.gov. See the ‘‘Public listed numerically in Table 1 of this
establish enforcement dates and times Participation and Request for section as item 9, ‘‘Fourth of July
with a Notice of Enforcement. If Comments’’ portion of Fireworks, City of Richmond.’’ The
circumstances render enforcement of theSUPPLEMENTARY INFORMATION section display location currently listed,
the regulated area unnecessary for the for further instructions on submitting Richmond Harbor, has been deemed
entirety of these periods, the Captain of comments. undesirable or hazardous by the event
the Port or his designated representative sponsors, and so it is being changed to
FOR FURTHER INFORMATION CONTACT: If
will inform the public through a barge located in the harbor, and the
you have questions about this proposed
broadcast notices to mariners that the area of the safety zone would be the area
rulemaking, call or email Lieutenant
around the barge.
regulated area is no longer being Junior Grade Christina Ramirez, U.S.
We are also proposing to add three
enforced. The harbor will remain closed Coast Guard Sector San Francisco;
events to Table 1 of 33 CFR 165.1191,
until the Coast Guard issues an ‘‘All telephone 415–399–3585, email D11-PF-
as items 28, 29, and 30. These events are
Clear’’ for the harbor after the race has MarineEvents@uscg.mil.
titled Execpro Services Fourth of July
concluded and the harbor is deemed SUPPLEMENTARY INFORMATION: Fireworks, Monte Foundation
safe for normal operations. Fireworks, Lake Tahoe, and Sausalito
I. Table of Abbreviations
(e) Penalties. Vessels or persons Lighted Boat Parade Fireworks,
CFR Code of Federal Regulations respectively. The events proposed to be
violating this rule may be subject to the COTP Captain of the Port
penalties set forth in 33 U.S.C. 1233. DHS Department of Homeland Security
added have taken place in 2011, 2013,
FR Federal Register and 2014, and we believe that they will
Dated: January 10, 2017.
NPRM Notice of proposed rulemaking likely be regularly scheduled in the
M.C. Long, future. For those reasons, we believe it
PATCOM Patrol Commander
Captain, U.S. Coast Guard, Captain of the is beneficial to include them in the
mstockstill on DSK3G9T082PROD with PROPOSALS
§ Section
Port Honolulu. U.S.C. United States Code permanent regulation.
[FR Doc. 2017–00861 Filed 1–17–17; 8:45 am] Finally, we propose to remove item 2,
II. Background, Purpose, and Legal
BILLING CODE 9110–04–P ‘‘KFOG KaBoom,’’ as this event is
Basis
outdated. It is unlikely to reoccur and
The Coast Guard is conducting this its continued inclusion in the regulation
rulemaking under the authority of 33 offers the possibility of confusion.
U.S.C. 1231. Fireworks displays are held The Coast Guard proposes this
annually on a recurring basis on the rulemaking under authority in 33 U.S.C.
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![5484 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules
applies, and provide a reason for each Management System in the March 24, For the reasons discussed in the
suggestion or recommendation. 2005, issue of the Federal Register (70 preamble, the Coast Guard proposes to
We encourage you to submit FR 15086). amend to 33 CFR part 165 as follows:
comments through the Federal Documents mentioned in this NPRM
eRulemaking Portal at http:// as being available in the docket, and all ■ 1. The authority citation for Part 165
www.regulations.gov. If your material public comments, will be in our online continues to read as follows:
cannot be submitted using http:// docket at http://www.regulations.gov Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
www.regulations.gov, contact the person and can be viewed by following that 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
in the FOR FURTHER INFORMATION Web site’s instructions. Additionally, if Department of Homeland Security Delegation
CONTACT section of this document for you go to the online docket and sign up No. 0170.1.
alternate instructions. for email alerts, you will be notified
We accept anonymous comments. All when comments are posted or a final ■ 2. In § 165.1191, in Table 1 to
comments received will be posted rule is published. § 165.1191, remove and reserve item 2,
without change to http:// revise item 9, and add items 28, 29, and
www.regulations.gov and will include List of Subjects in 33 CFR Part 165 30, to read as follows:
any personal information you have Harbors, Marine safety, Navigation
provided. For more about privacy and (water), Reporting and recordkeeping § 165.1191 Northern California and Lake
the docket, you may review a Privacy requirements, Security measures, Tahoe Area Annual Fireworks Events.
Act notice regarding the Federal Docket Waterways. * * * * *
TABLE 1 TO § 165.1191
* * * * * * *
2. [Reserved]
* * * * * * *
9. Fourth of July Fireworks, City of Richmond
Sponsor ................................ Various Sponsors.
Event Description ................. Fireworks Display.
Date ...................................... Week of July 4th.
Location ................................ A barge located in Richmond Harbor in approximate position 37°54′40″ N, 122°21′05″ W, Richmond, CA.
Regulated Area .................... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the
scheduled display. Increases to a 560-foot radius upon commencement of the fireworks display.
* * * * * * *
28. Execpro Services Fourth of July Fireworks
Sponsor ................................ Execpro Services Inc.
Event Description ................. Fireworks Display.
Date ...................................... Week of July 4th.
Location ................................ Off-shore from Incline Village, NV.
Regulated Area .................... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the
scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.
29. Monte Foundation Fireworks, Lake Tahoe
Sponsor ................................ Monte Foundation.
Event Description ................. Fireworks Display.
Date ...................................... Week of Labor Day.
Location ................................ Carnelian Bay, Lake Tahoe, CA.
Regulated Area .................... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the
scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.
30. Sausalito Lighted Boat Parade Fireworks
Sponsor ................................ Various Sponsors.
Event Description ................. Fireworks Display.
Date ...................................... A Saturday or Sunday in December.
Location ................................ Off-shore from Sausalito Point, Sausalito, CA.
mstockstill on DSK3G9T082PROD with PROPOSALS
Regulated Area .................... 100-foot radius around the fireworks barge during the loading, transit, setup, and until the commencement of the
scheduled display. Increases to a 1,000-foot radius upon commencement of the fireworks display.
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![Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules 5485
Dated: December 13, 2016. menu and selecting ‘‘Smoking’’ from the clarify these matters before establishing
Anthony J. Ceraolo, list of policy subjects. any appropriate restrictions on
Captain, U.S. Coast Guard,Captain of the Port disclosures to contractors,
Michael Bean,
San Francisco. subcontractors and legal representatives.
Principal Deputy Assistant Secretary for Fish
[FR Doc. 2017–01050 Filed 1–17–17; 8:45 am] DATES: To be assured consideration,
and Wildlife and Parks.
BILLING CODE 9110–04–P comments must be received at one of
[FR Doc. 2017–01060 Filed 1–17–17; 8:45 am]
the addresses provided below, no later
BILLING CODE 4312–52–P
than 5 p.m. on February 17, 2017.
ADDRESSES: You may submit comments,
DEPARTMENT OF THE INTERIOR identified by Regulatory Information
DEPARTMENT OF HEALTH AND Number (RIN) 0930–AA21, by any of the
National Park Service HUMAN SERVICES following methods:
Electronically: Federal eRulemaking
36 CFR Parts 1 and 2 Office of the Secretary Portal: Go to http://www.regulations.gov
and follow the instructions for
42 CFR Part 2 submitting comments.
[NPS–WASO–REGS–17326; GPO Deposit
Account 4311H2] [SAMHSA–4162–20] Regular, Express or Overnight Mail, or
Hand Delivery or Courier: Written
RIN 0930–ZA07 comments sent by hand delivery, or
RIN 1024–AE30
mailed by regular, express, or overnight
Confidentiality of Substance Use mail must be sent to the following
Withdrawal of the Proposed Rule To Disorder Patient Records
Revise General Provisions; Electronic address ONLY: The Substance Abuse
Cigarettes AGENCY: Substance Abuse and Mental and Mental Health Services
Health Services Administration, HHS. Administration, Department of Health
AGENCY: National Park Service; Interior. and Human Services, Attn: Danielle
ACTION: Supplemental notice of
Tarino, SAMHSA, 5600 Fishers Lane,
ACTION: Proposed rule; withdrawal. proposed rulemaking.
Room 13E89A, Rockville, Maryland
SUMMARY: On Feb. 9, 2016, the 20857.
SUMMARY: The National Park Service Substance Abuse and Mental Health Please allow sufficient time for mailed
withdraws the proposed rule that would Services Administration (SAMHSA) comments to be received before the
revise the regulation that defines published a Notice of Proposed close of the comment period.
smoking to include the use of electronic Rulemaking (NPRM) that proposed Instructions: To avoid duplication,
cigarettes and other electronic nicotine policy changes to update and modernize please submit only one copy of your
delivery systems; and would allow a the Confidentiality of Alcohol and Drug comments by only one method. All
superintendent to close an area, Abuse Patient Records (42 CFR part 2). submissions received must include the
building, structure, or facility to SAMHSA explained in the NPRM that agency name and docket number or RIN
smoking when necessary to maintain these changes were intended to better for this rulemaking. All comments
public health and safety. The align the regulations with advances in received will become a matter of public
withdrawal is based upon a need to the U.S. health care delivery system record and will be posted without
engage in additional interagency while retaining important privacy change to http://www.regulations.gov,
coordination and review of the protections for individuals seeking including any personal information
proposal. treatment for substance use disorders. provided. For detailed instructions on
The last substantive update to these submitting comments and additional
DATES: The January 6, 2017, proposed information on the rulemaking process
rule (82 FR 1647) is withdrawn as of regulations was in 1987. SAMHSA is
issuing this Supplemental Notice of and viewing public comments, see the
January 18, 2017. ‘‘Request for Public Comments’’ heading
Proposed Rulemaking (SNPRM) to
ADDRESSES: The withdrawal of the propose additional clarifications to the of the SUPPLEMENTARY INFORMATION
proposed rule, and comments, are part 2 regulations as amended by the section of this document.
available at www.regulations.gov by concurrently issued final rule. As noted Docket: For access to the docket to
searching for Regulation Identifier in the final rule, 42 CFR part 2 read background documents or
Number (RIN) 1024–AE30. Confidentiality of Substance Use comments received, go to http://
Disorder Patient Records, questions www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sara FOR FURTHER INFORMATION CONTACT:
raised by commenters highlighted
Newman, Director, Office of Public Danielle Tarino, SAMHSA, 5600 Fishers
varying interpretations of the 1987
Health, by telephone 202–513–7225, or Lane, Room 13E89A, Rockville,
rule’s restrictions on lawful holders and
email sara_newman@nps.gov. Maryland 20857, 240–276–2857, Email
their contractors and subcontractors’ use
SUPPLEMENTARY INFORMATION: This and disclosure of part 2-covered data for address: Danielle.Tarino@
withdrawal does not affect Director’s purposes of carrying out payment, samhsa.hhs.gov
Order #50D (Smoking Policy), originally health care operations, and other health SUPPLEMENTARY INFORMATION:
issued in 2003 and then revised and care related activities. In consideration
mstockstill on DSK3G9T082PROD with PROPOSALS
reissued in 2009, and Policy of this feedback and given the critical Background
Memorandum 15–03 (Use of Electronic role that third-party payers, other lawful On February 9, 2016, SAMHSA
Nicotine Delivery Systems), issued on holders, and their contractors, published an NPRM in the Federal
September 10, 2015, which remain in subcontractors, and legal representatives Register (81 FR 6987) proposing updates
effect and are available online on the play in the provision of health care to regulations for the Confidentiality of
NPS Office of Policy Web site at http:// services, SAMHSA is issuing this Alcohol and Drug Abuse Patient
www.nps.gov/applications/npspolicy/ SNPRM to seek further comments on Records (42 CFR part 2). These
index.cfm by clicking on the drop-down our proposals to address and help regulations implement title 42, section
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Document Created: 2018-02-01 15:19:27
Document Modified: 2018-02-01 15:19:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and related material must be received by the Coast Guard on or before February 17, 2017. | |
| Contact | If you have questions about this proposed rulemaking, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone 415-399-3585, email [email protected] | |
| FR Citation | 82 FR 5482 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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