Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New Orleans, LA, 55583-55586 [2015-23264]
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asabaliauskas on DSK7TPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules
United States, the total number of
months the property was in use, the fair
market value of the property, a schedule
of the depreciation deduction taken
with respect to the property, and a
calculation of the amount of
depreciation required to be recaptured.
(iv) Property not transferred for use in
the active conduct of a trade or
business. Describe any property that is
eligible property, as defined in
§ 1.367(a)–2(b) taking into account the
application of § 1.367(a)–2(c), that was
transferred to the foreign corporation
but not for use in the active conduct of
a trade or business outside the United
States (and was therefore not listed
under paragraph (c)(4)(i) of this section).
(v) Property transferred under
compulsion. If property qualifies for the
exception of § 1.367(a)–2(a)(2) under the
rules of paragraph (h) of that section,
provide information supporting the
claimed application of such exception.
(vi) Certain ineligible property.
Describe any property that is described
in § 1.367(a)–2(c) and that therefore
cannot qualify under § 1.367(a)–2(a)(2)
regardless of its use in the active
conduct of a trade or business outside
of the United States. The description
must be divided into the relevant
categories, as follows:
(A) Inventory, etc. Property described
in § 1.367(a)–2(c)(1);
(B) Installment obligations, etc.
Property described in § 1.367(a)–2(c)(2);
(C) Foreign currency, etc. Property
described in § 1.367(a)–2(c)(3); and
(D) Leased property. Property
described in § 1.367(a)–2(c)(4).
(vii) Other property that is ineligible
property. Describe any property, other
than property described in § 1.367(a)–
2(c), that cannot qualify under
§ 1.367(a)–2(a)(2) regardless of its use in
the active conduct of a trade or business
outside of the United States and that is
not subject to the rules of section 367(d)
under § 1.367(a)–1(b)(5). Each item of
property must be separately identified.
(c)(4)(viii) [Reserved]. For further
guidance, see § 1.6038B–1T(c)(4)(viii).
(5) Transfer of foreign branch with
previously deducted losses. If the
property transferred is property of a
foreign branch with previously
deducted losses subject to §§ 1.367(a)–6
and –6T, provide the following
information:
(i) through (iv) [Reserved]. For further
information, see § 1.6038B–1T(c)(5)(i)
through (iv).
*
*
*
*
*
(d)(1) through (1)(iii) [Reserved]. For
further guidance, see § 1.6038B–1T(d)(1)
through (1)(iii).
(iv) Intangible property transferred.
Provide a description of the intangible
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property transferred, including its
adjusted basis. Generally, each item of
intangible property must be separately
identified, including intangible property
described in § 1.367(d)–1(g)(2)(i) or that
is subject to the rules of section 367(d)
under § 1.367(a)–1(b)(5).
(d)(1)(v) through (d)(1)(vi) [Reserved].
For further guidance, see § 1.6038B–
1T(d)(1)(v) through (1)(vi).
(d)(1)(vii) Coordination with loss
rules. List any intangible property
subject to section 367(d) the transfer of
which also gives rise to the recognition
of gain under section 904(f)(3) or
§§ 1.367(a)–6 or –6T. Provide a
calculation of the gain required to be
recognized with respect to such
property, in accordance with the
provisions of § 1.367(d)–1(g)(4).
(d)(1)(viii) through (d)(2) [Reserved].
For further guidance, see § 1.6038B–
1T(d)(1)(viii) through (2).
*
*
*
*
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(g) Effective/applicability dates. (1)
Except as provided in paragraphs (g)(2)
through (g)(7) of this section, this
section applies to transfers occurring on
or after July 20, 1998, except for
transfers of cash made in tax years
beginning on or before February 5, 1999
(which are not required to be reported
under section 6038B), and except for
transfers described in paragraph (e) of
this section, which applies to transfers
that are subject to §§ 1.367(e)–1(f) and
1.367(e)–2(e). * * *
*
*
*
*
*
(7) Paragraphs (c)(4)(i) through (vii),
(c)(5), and (d)(1)(iv) and (vii) of this
section apply to transfers occurring on
or after September 14, 2015, and to
transfers occurring before September 14,
2015, resulting from entity classification
elections made under § 301.7701–3 that
are filed on or after September 14, 2015.
For guidance with respect to paragraphs
(c)(4), (c)(5), and (d)(1) of this section
before this section is applicable, see
§§ 1.6038B–1 and 1.6038B–1T as
contained in 26 CFR part 1 revised as of
April 1, 2015.
John M. Dalrymple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2015–23279 Filed 9–14–15; 11:15 am]
BILLING CODE 4830–01–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2015–0677]
RIN 1625–AA00
Safety Zones; Lower Mississippi River
Miles 95.7 to 96.7; New Orleans, LA
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish two temporary safety zones
from Mile Marker (MM) 95.7 to MM
96.7 above Head of Passes (AHP) on the
Lower Mississippi River (LMR) on two
different dates. These safety zones are
necessary to protect persons and vessels
from potential safety hazards associated
with fireworks displays on or over
navigable waterways. Entry into these
zones is prohibited unless specifically
authorized by the Captain of the Port
New Orleans or a designated
representative.
DATES: Comments and related material
must be received by the Coast Guard on
or before October 1, 2015.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329. See the ‘‘Public Participation
and Request for Comments’’ portion of
the SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Commander (LCDR)
James Gatz, Sector New Orleans, at (504)
365–2281 or James.C.Gatz@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Cheryl F. Collins, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
BNM
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Broadcast Notice to Mariners
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COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
asabaliauskas on DSK7TPTVN1PROD with PROPOSALS
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking, indicate the specific section
of this document to which each
comment applies, and provide a reason
for each suggestion or recommendation.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2015–0677] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2015–0677) in
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the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
There is no regulatory history or
information related to this newly
proposed temporary safety zone.
C. Basis and Purpose
The legal basis for this proposed rule
is 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR
1.05–1; 6.04–1, 6.04–6, and 160.5; and
Department of Homeland Security
Delegation No. 0170.1, which
collectively authorize the Coast Guard
to establish and define safety zones.
AFX Pro, a company specializing in
firework displays, informed the Coast
Guard of two fireworks displays
planned for October 2015. Mardi Gras
World is hosting a private wedding with
a fireworks display on October 10, 2015,
and the Bridgestone Tire Company is
sponsoring a fireworks display on
October 22, 2015. The fireworks
displays on both dates will be launched
from a barge positioned in the waterway
adjacent to Mardi Gras World, an event
venue located at MM 96.2 AHP on the
Lower Mississippi River, in a high
commercial traffic area near a tight river
bend. Therefore, the Coast Guard has
determined that a safety zone is needed
to ensure safe navigation for all those in
the vicinity of these fireworks displays.
These safety zones are proposed to
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protect the public, mariners, and vessels
from the hazards associated with a
barge-based fireworks display on and
over the waterway.
D. Discussion of Proposed Rule
The Coast Guard proposes two
temporary safety zones on the Lower
Mississippi River, for a duration of one
hour each during the evenings of
October 10 and 22, 2015. The safety
zones will include the entire width of
the Lower Mississippi River in New
Orleans, LA from mile marker 95.7 to
mile marker 96.7 AHP. Entry into this
zone is prohibited unless permission
has been granted by the COTP New
Orleans, or a designated representative.
The COTP New Orleans will inform
the public through BNMs of the
enforcement period for the safety zone
as well as any changes in the planned
schedule. Mariners and other members
of the public may also contact Coast
Guard Sector New Orleans Command
Center to inquire about the status of the
safety zone, at (504) 365–2200.
E. 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 or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This safety zone will only
restrict navigation on the Lower
Mississippi River from MM 95.7 to MM
96.7 AHP, for approximately one hour
on October 10, 2015 and one hour on
October 22, 2015. Due to the limited
scope and short duration of the safety
zones, the impacts on routine navigation
are expected to be minimal.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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
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fields, and governmental jurisdictions
with populations of less than 50,000.
This rule may affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit the safety
zone area during the periods of
enforcement. The safety zones will not
have a significant economic impact on
a substantial number of small entities
because they are limited in scope and
will be in effect for a short period of
time. Before the enforcement periods,
the Coast Guard COTP will issue
maritime advisories widely available to
waterway users. Deviation from the
safety zone established through this
rulemaking may be requested from the
appropriate COTP and requests will be
considered on a case-by-case basis.
Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed
rule will not have a significant
economic impact on a substantial
number of small entities.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this proposed rule. If the
rule would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact the person
listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
asabaliauskas on DSK7TPTVN1PROD with PROPOSALS
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520.).
5. Federalism
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
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Order and determined that this
rulemaking does not have implications
for federalism.
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
6. Protest Activities
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
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.
7. 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.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
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
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13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. 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
(NEPA) (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 establishing a temporary
safety zone for all waters of the Lower
Mississippi River from MM 95.7 to MM
96.7 AHP. This proposed rule is
categorically excluded under section
2.B.2, figure 2–1, paragraph (34)(g) of
the Instruction because it involves
establishment of safety zones. An
Environmental analysis and a
categorical exclusion determination will
be made available in the docket as
indicated under ADDRESSES. We seek
any comments or information that may
lead to the discovery of a significant
environmental impact from this
proposed rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
PART 165—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; 50 U.S.C. 191;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0677 to subpart F
under the undesignated center heading
■
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Federal Register / Vol. 80, No. 179 / Wednesday, September 16, 2015 / Proposed Rules
Eighth Coast Guard District to read as
follows:
ENVIRONMENTAL PROTECTION
AGENCY
§ 165.T08–0677 Safety Zones; Lower
Mississippi River Miles 95.7 to 96.7; New
Orleans, LA
40 CFR Part 52
[EPA–R07–OAR–2015–0520; FRL–9933–99–
Region 7]
asabaliauskas on DSK7TPTVN1PROD with PROPOSALS
(a) Location. The following area is a
safety zone: All waters of the Lower
Mississippi River from mile marker 95.7
to mile marker 96.7 Above Head of
Passes, New Orleans, LA.
(b) Effective date and enforcement
period. This rule is effective and
enforceable with actual notice on
October 10, 2015 and on October 22,
2015, for one hour in the evening of
each date.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless specifically
authorized by the Captain of the Port
(COTP) New Orleans or designated
personnel. Designated personnel
include commissioned, warrant and
petty officers of the U.S. Coast Guard
assigned to units under the operational
control of USCG Sector New Orleans.
For this rule the COTP’s designated
representative is Vessel Traffic Service
Lower Mississippi River.
(2) Vessels requiring deviation from
this rule must request permission from
the COTP New Orleans or a COTP New
Orleans designated representative. They
may be contacted on VHF–FM Channel
16 or 67, or through Vessel Traffic
Service Lower Mississippi River at 504–
365–2415.
(3) Persons and vessels permitted to
deviate from this safety zone regulation
and enter the restricted area must transit
at the slowest safe speed and comply
with all lawful directions issued by the
COTP New Orleans or the designated
representative.
(d) Information broadcasts. The COTP
New Orleans or a COTP New Orleans
designated representative will inform
the public through broadcast notices to
mariners of the enforcement period for
the safety zone as well as any changes
in the planned schedule.
Dated: August 14, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the
Port New Orleans.
[FR Doc. 2015–23264 Filed 9–15–15; 8:45 am]
BILLING CODE 9110–04–P
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Approval and Promulgation of Air
Quality Implementation Plans; State of
Missouri; Control of NOX Emissions
From Large Stationary Internal
Combustion Engines
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the State Implementation
Plan (SIP) for the State of Missouri
submitted on October 17, 2013. These
revisions remove definitions that were
in this rule but have been moved to the
state’s general definitions rule. The
revisions also add text and corrects a
wording error found in the rule. EPA’s
approval of these rule revisions is being
done in accordance with the
requirements of the Clean Air Act
(CAA).
SUMMARY:
Comments on this proposed
action must be received in writing by
October 16, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0520, by mail to Lachala
Kemp, Environmental Protection
Agency, Air Planning and Development
Branch, 11201 Renner Boulevard,
Lenexa, Kansas 66219. Comments may
also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Lachala Kemp, Environmental
Protection Agency, Air Planning and
Development Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219 at
(913) 551–7214 or by email at
kemp.lachala@epa.gov.
SUPPLEMENTARY INFORMATION: In the
final rules section of this Federal
Register, EPA is approving the state’s
SIP revision as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
revision amendment and anticipates no
relevant adverse comments to this
action. A detailed rationale for the
approval is set forth in the direct final
rule. If no relevant adverse comments
are received in response to this action,
no further activity is contemplated in
relation to this action. If EPA receives
relevant adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed action. EPA will
not institute a second comment period
on this action. Any parties interested in
commenting on this action should do so
at this time. Please note that if EPA
receives adverse comment on part of
this rule and if that part can be severed
from the remainder of the rule, EPA may
adopt as final those parts of the rule that
are not the subject of an adverse
comment. For additional information,
see the direct final rule which is located
in the rules section of this Federal
Register.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements.
Dated: September 3, 2015.
Becky Weber,
Acting Regional Administrator, Region 7.
[FR Doc. 2015–23177 Filed 9–15–15; 8:45 am]
BILLING CODE 6560–50–P
DATES:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 62
[EPA–R07–OAR–2015–0543; FRL–9933–94–
Region 7]
Approval and Promulgation of Air
Quality Implementation Plans for
Designated Facilities and Pollutants;
Missouri; Sewage Sludge Incinerators
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) proposes to approve
revisions to the state plan for designated
facilities and pollutants developed
under sections 111(d) and 129 of the
Clean Air Act for the State of Missouri.
This proposed rule will amend the state
plan to include a new plan and
associated rule implementing emission
guidelines for Sewage Sludge
Incinerators published in the Federal
Register on March 21, 2011.
DATES: Comments on this proposed
action must be received in writing by
October 16, 2015.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2015–0543, by mail to Paula
Higbee, Environmental Protection
Agency, Air Planning and Development
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 179 (Wednesday, September 16, 2015)]
[Proposed Rules]
[Pages 55583-55586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23264]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-0677]
RIN 1625-AA00
Safety Zones; Lower Mississippi River Miles 95.7 to 96.7; New
Orleans, LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish two temporary safety
zones from Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP)
on the Lower Mississippi River (LMR) on two different dates. These
safety zones are necessary to protect persons and vessels from
potential safety hazards associated with fireworks displays on or over
navigable waterways. Entry into these zones is prohibited unless
specifically authorized by the Captain of the Port New Orleans or a
designated representative.
DATES: Comments and related material must be received by the Coast
Guard on or before October 1, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329. See the
``Public Participation and Request for Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for further instructions on
submitting comments. To avoid duplication, please use only one of these
three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) James Gatz, Sector New
Orleans, at (504) 365-2281 or James.C.Gatz@uscg.mil. If you have
questions on viewing or submitting material to the docket, call Cheryl
F. Collins, Program Manager, Docket Operations, telephone (202) 366-
9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
BNM Broadcast Notice to Mariners
[[Page 55584]]
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2015-0677] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2015-0677) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
There is no regulatory history or information related to this newly
proposed temporary safety zone.
C. Basis and Purpose
The legal basis for this proposed rule is 33 U.S.C. 1231; 50 U.S.C.
191; 33 CFR 1.05-1; 6.04-1, 6.04-6, and 160.5; and Department of
Homeland Security Delegation No. 0170.1, which collectively authorize
the Coast Guard to establish and define safety zones.
AFX Pro, a company specializing in firework displays, informed the
Coast Guard of two fireworks displays planned for October 2015. Mardi
Gras World is hosting a private wedding with a fireworks display on
October 10, 2015, and the Bridgestone Tire Company is sponsoring a
fireworks display on October 22, 2015. The fireworks displays on both
dates will be launched from a barge positioned in the waterway adjacent
to Mardi Gras World, an event venue located at MM 96.2 AHP on the Lower
Mississippi River, in a high commercial traffic area near a tight river
bend. Therefore, the Coast Guard has determined that a safety zone is
needed to ensure safe navigation for all those in the vicinity of these
fireworks displays. These safety zones are proposed to protect the
public, mariners, and vessels from the hazards associated with a barge-
based fireworks display on and over the waterway.
D. Discussion of Proposed Rule
The Coast Guard proposes two temporary safety zones on the Lower
Mississippi River, for a duration of one hour each during the evenings
of October 10 and 22, 2015. The safety zones will include the entire
width of the Lower Mississippi River in New Orleans, LA from mile
marker 95.7 to mile marker 96.7 AHP. Entry into this zone is prohibited
unless permission has been granted by the COTP New Orleans, or a
designated representative.
The COTP New Orleans will inform the public through BNMs of the
enforcement period for the safety zone as well as any changes in the
planned schedule. Mariners and other members of the public may also
contact Coast Guard Sector New Orleans Command Center to inquire about
the status of the safety zone, at (504) 365-2200.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This safety zone will
only restrict navigation on the Lower Mississippi River from MM 95.7 to
MM 96.7 AHP, for approximately one hour on October 10, 2015 and one
hour on October 22, 2015. Due to the limited scope and short duration
of the safety zones, the impacts on routine navigation are expected to
be minimal.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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
[[Page 55585]]
fields, and governmental jurisdictions with populations of less than
50,000.
This rule may affect the following entities, some of which might be
small entities: The owners or operators of vessels intending to transit
the safety zone area during the periods of enforcement. The safety
zones will not have a significant economic impact on a substantial
number of small entities because they are limited in scope and will be
in effect for a short period of time. Before the enforcement periods,
the Coast Guard COTP will issue maritime advisories widely available to
waterway users. Deviation from the safety zone established through this
rulemaking may be requested from the appropriate COTP and requests will
be considered on a case-by-case basis.
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule will not have a significant economic impact on a
substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
3. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. 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.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).
5. Federalism
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
determined that this rulemaking does not have implications for
federalism.
6. 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.
7. 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.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 establishing a temporary safety zone for all waters of the
Lower Mississippi River from MM 95.7 to MM 96.7 AHP. This proposed rule
is categorically excluded under section 2.B.2, figure 2-1, paragraph
(34)(g) of the Instruction because it involves establishment of safety
zones. An Environmental analysis and a categorical exclusion
determination will be made available in the docket as indicated under
ADDRESSES. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.
List of Subjects in 33 CFR Part 165
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:
PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS
0
1. The authority citation for part 165 continues to read as follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.
0
2. Add Sec. 165.T08-0677 to subpart F under the undesignated center
heading
[[Page 55586]]
Eighth Coast Guard District to read as follows:
Sec. 165.T08-0677 Safety Zones; Lower Mississippi River Miles 95.7 to
96.7; New Orleans, LA
(a) Location. The following area is a safety zone: All waters of
the Lower Mississippi River from mile marker 95.7 to mile marker 96.7
Above Head of Passes, New Orleans, LA.
(b) Effective date and enforcement period. This rule is effective
and enforceable with actual notice on October 10, 2015 and on October
22, 2015, for one hour in the evening of each date.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
specifically authorized by the Captain of the Port (COTP) New Orleans
or designated personnel. Designated personnel include commissioned,
warrant and petty officers of the U.S. Coast Guard assigned to units
under the operational control of USCG Sector New Orleans. For this rule
the COTP's designated representative is Vessel Traffic Service Lower
Mississippi River.
(2) Vessels requiring deviation from this rule must request
permission from the COTP New Orleans or a COTP New Orleans designated
representative. They may be contacted on VHF-FM Channel 16 or 67, or
through Vessel Traffic Service Lower Mississippi River at 504-365-2415.
(3) Persons and vessels permitted to deviate from this safety zone
regulation and enter the restricted area must transit at the slowest
safe speed and comply with all lawful directions issued by the COTP New
Orleans or the designated representative.
(d) Information broadcasts. The COTP New Orleans or a COTP New
Orleans designated representative will inform the public through
broadcast notices to mariners of the enforcement period for the safety
zone as well as any changes in the planned schedule.
Dated: August 14, 2015.
P.C. Schifflin,
Captain, U.S. Coast Guard, Captain of the Port New Orleans.
[FR Doc. 2015-23264 Filed 9-15-15; 8:45 am]
BILLING CODE 9110-04-P
