Safety Zone; Tennessee River 385.0-387.0; Scottsboro, AL, 47291-47293 [2016-17333]
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
another reference on the label in a
misleading manner, the bottler would
have to obtain approval of a new label.
Different rules apply if a wine has a
brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
With the establishment of this AVA,
its name, ‘‘Tip of the Mitt,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the regulation clarifies this point.
Consequently, wine bottlers using the
name ‘‘Tip of the Mitt’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, will have to ensure that the
product is eligible to use the AVA name
as an appellation of origin.
The establishment of the Tip of the
Mitt AVA will not affect any existing
AVA. The establishment of the Tip of
the Mitt AVA will allow vintners to use
‘‘Tip of the Mitt’’ as an appellation of
origin for wines made primarily from
grapes grown within the Tip of the Mitt
AVA if the wines meet the eligibility
requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this final
rule is not a significant regulatory action
as defined by Executive Order 12866 of
September 30, 1993. Therefore, no
regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this final
rule.
List of Subjects in 27 CFR Part 9
Lhorne on DSK30JT082PROD with RULES
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
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14:56 Jul 20, 2016
Jkt 238001
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.257 to read as follows:
■
§ 9.257
Tip of the Mitt.
(a) Name. The name of the viticultural
area described in this section is ‘‘Tip of
the Mitt’’. For purposes of part 4 of this
chapter, ‘‘Tip of the Mitt’’ is a term of
viticultural significance.
(b) Approved maps. The 2 United
States Geological Survey (USGS)
1:250,000 scale topographic maps used
to determine the boundary of the Tip of
the Mitt viticultural area are titled:
(1) Cheboygan, Michigan, 1955;
revised 1981; and
(2) Alpena, Mich., US–Ontario, Can.;
1954.
(c) Boundary. The Tip of the Mitt
viticultural area is located in all or
portions of Charlevoix, Emmet,
Cheboygan, Presque Isle, Alpena, and
Antrim Counties in Michigan. The
boundary of the Tip of the Mitt
viticultural area is as described below:
(1) The beginning point is on the
Cheboygan map, at the point where the
Mackinac Bridge intersects the southern
shoreline of the Straits of Mackinac.
From the beginning point, proceed eastsoutheasterly along the shoreline of the
South Channel of the Straits of
Mackinac and Lake Huron, crossing
onto the Alpena map and continuing to
follow the Lake Huron shoreline and
then the Thunder Bay shoreline to the
point where the Thunder Bay shoreline
intersects the common T31N/T30N
township line south of the city of
Alpena and north of Bare Point; then
(2) Proceed northwesterly in a straight
line to the intersection of an unnamed
medium-duty road known locally as
Long Rapids Road and an unnamed
light-duty road known locally as Cathro
Road; then
(3) Proceed west in a straight line to
the line’s intersection with State
Highway 65 and an unnamed light-duty
road known locally as Hibner Road;
then
(4) Proceed northwesterly in a straight
line to the intersection of the Presque
Isle, Alpena, and Montmorency county
lines; then
(5) Proceed west along the southern
boundary of Presque Isle County,
crossing onto the Cheboygan map, to the
point where the Presque Isle county line
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Fmt 4700
Sfmt 4700
47291
becomes the southern boundary of
Cheboygan County, and continuing
along the Cheboygan county line to the
intersection of the Cheboygan county
line with the eastern boundary of
Charlevoix County; then
(6) Proceed south then east along the
Charlevoix county line to the
intersection of the Charlevoix county
line with the eastern boundary of
Antrim County; then
(7) Proceed south along the Antrim
county line to the point where the
county line turns due east; then
(8) Proceed west in a straight line to
the eastern shoreline of Grand Traverse
Bay; then
(9) Proceed north-northeasterly along
the shorelines of Grand Traverse Bay,
Lake Michigan, Little Traverse Bay,
Sturgeon Bay, Trails End Bay, and the
Straits of Mackinac, returning to the
beginning point.
Signed: June 29, 2016.
John J. Manfreda,
Administrator.
Approved: July 10, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2016–17274 Filed 7–20–16; 8:45 am]
BILLING CODE 4310–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0467]
RIN 1625–AA00
Safety Zone; Tennessee River 385.0–
387.0; Scottsboro, AL
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a safety zone for all waters
of the Tennessee River beginning at mile
marker 385.0 and ending at mile marker
387.0. This safety zone is necessary to
protect persons, property, and
infrastructure from potential damage
and safety hazards associated with the
demolition of the B.B. Comer Bridge.
This rulemaking would prohibit persons
and vessels from entering the safety
zone area unless authorized by the
Captain of the Port Ohio Valley or a
designated representative.
DATES: This rule is effective without
actual notice from July 21, 2016 until
August 1, 2016. For the purposes of
enforcement, actual notice will be used
from May 31, 2016 until July 21, 2016.
SUMMARY:
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21JYR1
47292
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0467 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Ashley Schad, MSD
Nashville, Nashville, TN, at 615–736–
5421 or at Ashley.M.Schad@uscg.mil.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Table of Abbreviations
Lhorne on DSK30JT082PROD with RULES
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
On May 27, 2016, the Contract
Drilling and Blasting representative
submitted a CG–4260 to the Coast Guard
for blasting operations that would take
place from May 31, 2016 to August 1,
2016 during the demolition of the B.B.
Comer Bridge on the Tennessee River at
mile marker 386.0. The blasting
operations will take place at various
times and dates determined by
environmental factors. The Captain of
the Port Ohio Valley (COTP) has
determined that this safety zone is
necessary to protect persons, property,
and infrastructure before, during, and
after blasting operations.
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard was informed of this
project in early May, but full details of
blasting operations on or over a
Navigable Waterway were not provided
until May 27, 2016 with a start date of
May 31, 2016. The notification of
blasting requirements were made only a
few days before the project is scheduled
to begin. Immediate action is needed to
respond to potential safety hazards
related to blasting operations on or over
this navigable waterway. It is
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14:56 Jul 20, 2016
Jkt 238001
impracticable to publish an NPRM
because we must establish this safety
zone by May 31, 2016.
We are issuing this rule, and under 5
U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
effective less than 30 days after
publication in the Federal Register.
Delaying the effective date of this rule
would be contrary to public interest
because immediate action is needed to
establish a safety zone to protect
persons, property, and infrastructure
whenever blasting operations take place
on the B.B. Comer Bridge from May 31,
2016 until August 1, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Ohio Valley (COTP)
has determined the need to protect
persons, property, and infrastructure
during the blasting operations taking
place on the B.B. Comer Bridge on the
Tennessee River at mile marker 386.0.
This rule is needed to protect personnel,
vessels, and these navigable waters
before, during, and after blasting
operations take place.
IV. Discussion of the Rule
The Captain of the Port Ohio Valley
is establishing this safety zone from May
31, 2016 through August 1, 2016, for all
waters of the Tennessee River beginning
at mile marker 385.0 and ending at mile
marker 387.0. The periods of
enforcement will be 30 minutes prior to,
during, and 30 minutes after any
blasting operation that takes place on
the B.B. Comer Bridge. The Coast Guard
was informed that there would be
between 9 and 12 blasting operations
that will take place during daylight
hours and will last approximately one
hour on each occurrence. Safety zone
enforcement times will be announced
via Broadcast Notice to Mariners (BNM),
Local Notices to Mariners (LNM), or
through other public notice and at least
12–24 hour notice will be provided
before each enforcement period. Any
deviation from this rule are prohibited
unless specifically authorized by the
COTP Ohio Valley, or a designated
representative. Deviations requests will
be considered and reviewed on a caseby-case basis. The COTP Ohio Valley
may be contacted by telephone at 1–
800–253–7465 or can be reached by
VHF–FM channel 16.
The duration of each safety zone
enforcement period is intended to
protect persons, property, and
infrastructure from safety hazards
associated with blasting operations. No
vessel or person would be permitted to
enter the safety zone without obtaining
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Fmt 4700
Sfmt 4700
permission from the COTP or a
designated representative. The
regulatory text we are establishing
appears at the end of this document.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive order related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive Orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ under Executive Order 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
This regulatory action determination
is based on the size, location, duration,
and time-of-day of the safety zone.
This safety zone prohibits transit on
the Tennessee River from mile 385.0 to
mile 387.0, 30 minutes prior to, during,
and 30 minutes after blasting operations
on the B.B. Comer bridge from May 31,
2016 through August 1, 2016. Broadcast
Notices to Mariners and Local Notices to
Mariners will also inform the
community of the safety zone
enforcement periods through BNM,
LNM and other forms of public notice
so that they may plan accordingly for
each short enforcement period
restricting transit. Vessel traffic may
request permission from the COTP Ohio
Valley or a designated representative to
enter the restricted area.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
E:\FR\FM\21JYR1.SGM
21JYR1
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
While some owners or operators of
vessels intending to transit the safety
zone area may be small entities, for the
reasons stated in section V.A above this
rule would not have a significant
economic impact on any vessel owner
or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
Lhorne on DSK30JT082PROD with RULES
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
VerDate Sep<11>2014
14:56 Jul 20, 2016
Jkt 238001
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves area
safety zone that would prohibit entry to
unauthorized vessels. It is categorically
excluded from further review under
paragraph 34(g) of Figure 2–1 of the
Commandant Instruction. An
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
available in the docket where indicated
under ADDRESSES. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the U.S. Coast Guard amends
33 CFR part 165 as follows:
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47293
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231.
2. A new temporary § 165.35T08–0467
is added to read as follows:
■
§ 165.35T08–0467 Safety Zone; Tennessee
River Mile 385.0 to 387.0 Scottsboro, AL.
(a) Location. All waters of the
Tennessee River beginning at mile
marker 385.0 and ending at mile marker
387.0 Scottsboro, AL.
(b) Effective date. This rule is effective
from May 31, 2016 through August 1,
2016.
(c) Periods of Enforcement. This rule
will be enforced from 30 minutes prior
to and 30 minutes after all blasting
operations on the B.B. Comer Bridge.
The Captain of the Port Ohio Valley or
a designated representative will inform
the public through Broadcast Notice to
Mariners (BNM), Local Notices to
Mariners (LNM), or through other public
notice and at least 12–24 in advance of
each enforcement period.
(d) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
into this area is prohibited unless
authorized by the Captain of the Port
Ohio Valley or a designated
representative.
(2) Persons or vessels requiring entry
into or passage through the area must
request permission from the Captain of
the Port Ohio Valley or a designated
representative. U.S. Coast Guard Sector
Ohio Valley may be contacted on VHF
Channel 13 or 16, or at 1–800–253–
7465.
Dated: May 31, 2016.
R. V. Timme,
Captain, U. S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2016–17333 Filed 7–20–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0648]
RIN 1625–AA00
Safety Zone; Hudson River, Edgewater,
NJ.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
E:\FR\FM\21JYR1.SGM
21JYR1
]]>Agencies
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47291-47293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17333]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0467]
RIN 1625-AA00
Safety Zone; Tennessee River 385.0-387.0; Scottsboro, AL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for all waters
of the Tennessee River beginning at mile marker 385.0 and ending at
mile marker 387.0. This safety zone is necessary to protect persons,
property, and infrastructure from potential damage and safety hazards
associated with the demolition of the B.B. Comer Bridge. This
rulemaking would prohibit persons and vessels from entering the safety
zone area unless authorized by the Captain of the Port Ohio Valley or a
designated representative.
DATES: This rule is effective without actual notice from July 21, 2016
until August 1, 2016. For the purposes of enforcement, actual notice
will be used from May 31, 2016 until July 21, 2016.
[[Page 47292]]
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0467 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Ashley Schad, MSD Nashville, Nashville, TN,
at 615-736-5421 or at Ashley.M.Schad@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
On May 27, 2016, the Contract Drilling and Blasting representative
submitted a CG-4260 to the Coast Guard for blasting operations that
would take place from May 31, 2016 to August 1, 2016 during the
demolition of the B.B. Comer Bridge on the Tennessee River at mile
marker 386.0. The blasting operations will take place at various times
and dates determined by environmental factors. The Captain of the Port
Ohio Valley (COTP) has determined that this safety zone is necessary to
protect persons, property, and infrastructure before, during, and after
blasting operations.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard was informed of this
project in early May, but full details of blasting operations on or
over a Navigable Waterway were not provided until May 27, 2016 with a
start date of May 31, 2016. The notification of blasting requirements
were made only a few days before the project is scheduled to begin.
Immediate action is needed to respond to potential safety hazards
related to blasting operations on or over this navigable waterway. It
is impracticable to publish an NPRM because we must establish this
safety zone by May 31, 2016.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Delaying the effective
date of this rule would be contrary to public interest because
immediate action is needed to establish a safety zone to protect
persons, property, and infrastructure whenever blasting operations take
place on the B.B. Comer Bridge from May 31, 2016 until August 1, 2016.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Ohio Valley (COTP) has determined the
need to protect persons, property, and infrastructure during the
blasting operations taking place on the B.B. Comer Bridge on the
Tennessee River at mile marker 386.0. This rule is needed to protect
personnel, vessels, and these navigable waters before, during, and
after blasting operations take place.
IV. Discussion of the Rule
The Captain of the Port Ohio Valley is establishing this safety
zone from May 31, 2016 through August 1, 2016, for all waters of the
Tennessee River beginning at mile marker 385.0 and ending at mile
marker 387.0. The periods of enforcement will be 30 minutes prior to,
during, and 30 minutes after any blasting operation that takes place on
the B.B. Comer Bridge. The Coast Guard was informed that there would be
between 9 and 12 blasting operations that will take place during
daylight hours and will last approximately one hour on each occurrence.
Safety zone enforcement times will be announced via Broadcast Notice to
Mariners (BNM), Local Notices to Mariners (LNM), or through other
public notice and at least 12-24 hour notice will be provided before
each enforcement period. Any deviation from this rule are prohibited
unless specifically authorized by the COTP Ohio Valley, or a designated
representative. Deviations requests will be considered and reviewed on
a case-by-case basis. The COTP Ohio Valley may be contacted by
telephone at 1-800-253-7465 or can be reached by VHF-FM channel 16.
The duration of each safety zone enforcement period is intended to
protect persons, property, and infrastructure from safety hazards
associated with blasting operations. No vessel or person would be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. The regulatory text we are
establishing appears at the end of this document.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive order related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive Orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone.
This safety zone prohibits transit on the Tennessee River from mile
385.0 to mile 387.0, 30 minutes prior to, during, and 30 minutes after
blasting operations on the B.B. Comer bridge from May 31, 2016 through
August 1, 2016. Broadcast Notices to Mariners and Local Notices to
Mariners will also inform the community of the safety zone enforcement
periods through BNM, LNM and other forms of public notice so that they
may plan accordingly for each short enforcement period restricting
transit. Vessel traffic may request permission from the COTP Ohio
Valley or a designated representative to enter the restricted area.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
[[Page 47293]]
While some owners or operators of vessels intending to transit the
safety zone area may be small entities, for the reasons stated in
section V.A above this rule would not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves area safety zone that would prohibit entry to
unauthorized vessels. It is categorically excluded from further review
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the U.S. Coast Guard
amends 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231.
0
2. A new temporary Sec. 165.35T08-0467 is added to read as follows:
Sec. 165.35T08-0467 Safety Zone; Tennessee River Mile 385.0 to 387.0
Scottsboro, AL.
(a) Location. All waters of the Tennessee River beginning at mile
marker 385.0 and ending at mile marker 387.0 Scottsboro, AL.
(b) Effective date. This rule is effective from May 31, 2016
through August 1, 2016.
(c) Periods of Enforcement. This rule will be enforced from 30
minutes prior to and 30 minutes after all blasting operations on the
B.B. Comer Bridge. The Captain of the Port Ohio Valley or a designated
representative will inform the public through Broadcast Notice to
Mariners (BNM), Local Notices to Mariners (LNM), or through other
public notice and at least 12-24 in advance of each enforcement period.
(d) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry into this area is prohibited unless authorized by the
Captain of the Port Ohio Valley or a designated representative.
(2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U.S. Coast Guard Sector Ohio Valley may
be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.
Dated: May 31, 2016.
R. V. Timme,
Captain, U. S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-17333 Filed 7-20-16; 8:45 am]
BILLING CODE 9110-04-P
