Special Local Regulation; Arkansas River; Little Rock, AR, 68934-68936 [2016-24071]
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations
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USDA Nondiscrimination Statement
ehiers on DSK5VPTVN1PROD with RULES
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docs/2012/Complain_combined_6_8_
12.pdf, or write a letter signed by you
or your authorized representative.
Send your completed complaint form
or letter to USDA by mail, fax, or email:
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Done at Washington, DC on: September 29,
2016.
Alfred V. Almanza,
Acting Administrator.
Example 10. * * *
Internal Revenue Service
*
26 CFR Part 1
[TD 9784]
RIN 1545–BM05
Definition of Real Estate Investment
Trust Real Property; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document contains
corrections to final regulations (TD
9784) that were published in the
Federal Register on Wednesday, August
31, 2016 (81 FR 59849). The final
regulations that clarify the definition of
real property for purposes of real estate
investment trust provisions of the
Internal Revenue Code (Code).
DATES: This correction is effective
October 5, 2016 and is applicable on or
after August 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Julanne Allen of the Office of Associate
Chief Counsel (Financial Institutions
and Products) at (202) 317–6945 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The final regulations (TD 9784) that
are the subject of this correction are
under section 856 of the Internal
Revenue Code.
Need for Correction
As published, the final regulations
(TD 9784) contain errors that may prove
to be misleading and are in need of
clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.856–10(g) is
amended by revising the first sentence
of Example 10 paragraph (iv) and
revising the fourth sentence of Example
10 paragraph (v) to read as follows:
■
[FR Doc. 2016–24067 Filed 10–4–16; 8:45 am]
§ 1.856–10
Definition of real property.
BILLING CODE 3410–DM–P
*
*
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(g) * * *
DEPARTMENT OF THE TREASURY
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*
*
(iv) The factors described in this paragraph
(g) Example 10 (iii)(A) through (C) and (iii)(E)
through (H) support the conclusion that the
isolation valves and vents and pressure
control and relief valves are structural
components of REIT J’s pipelines within the
meaning of paragraph (d)(3) of this section
and, therefore, are real property. * * *
*
*
*
*
*
(v) * * * The meters and compressors do
not serve the pipelines in their passive
function of providing a conduit for the
natural gas, and are used in connection with
the production of income from the sale and
transportation of natural gas, rather than as
consideration for the use or occupancy of
space within the pipelines.
*
*
*
*
*
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2016–23991 Filed 10–4–16; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2016–0887]
RIN 1625–AA08
Special Local Regulation; Arkansas
River; Little Rock, AR
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation controlling movement of
vessels for certain waters of the
Arkansas River. This rule is necessary to
provide for the safety of life on
navigable waters during a rowing regatta
on October 14 and 15, 2016. This
regulation prohibits entry by all vessels,
mariners, and persons into the event
area, a 1.2 mile stretch of the Arkansas
River extending 25-yards from the left
descending bank. All vessels transiting
the regulated area outside of the 25-yard
zone will be limited to slowest speed for
safe navigation to minimize wake unless
specifically authorized by the Captain of
the Port Memphis.
DATES: This rule is effective from 7 a.m.
on October 14, 2016 until 7 p.m. on
October 15, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to
SUMMARY:
E:\FR\FM\05OCR1.SGM
05OCR1
Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations
https://www.regulations.gov, type USCG–
2016–0887 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 about this rule, call
or email Petty Officer Todd Manow,
Waterways Management, Sector Lower
Mississippi River, U.S. Coast Guard,
telephone 901–521–4813, email
Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
ehiers on DSK5VPTVN1PROD with RULES
II. Background Information and
Regulatory Hostory
The Coast Guard is issuing this
temporary final 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 doing
so would be impracticable. While the
Arkansas Boathouse Club notified the
Coast Guard that it will be conducting
a rowing regatta, the ‘‘Six Bridges
Regatta’’, from 7 a.m. until 7 p.m. on
October 14 and 15, 2016, the final
details of this event were not made
known to the Coast Guard until early
September, leaving an insufficient
amount of time remaining to publish an
NPRM. It is impracticable to publish an
NPRM because we must establish this
safety zone by October 14, 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 this
temporary rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable.
III. Legal Authority and Need for a Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
COTP has determined that potential
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18:09 Oct 04, 2016
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68935
hazards posed to participants of a
rowing regatta in this section of river
would be a safety concern for anyone
transiting the river from mile marker
117.4 to 118.6. The purpose of this
rulemaking is to ensure the safety of
event participants and other waterway
users in U.S. navigable waters from mile
marker 117.4 to 118.6 before, during,
and after the scheduled event.
mile marker 117.4 to mile marker 118.6
at the slowest speed for safe navigation
to minimize wake unless specifically
authorized by the Captain of the Port
Memphis. Overall, the Coast Guard
expects minimal impact to vessel
movement from the enforcement of this
special local regulation.
IV. Discussion of the Rule
This rule establishes a special local
regulation, enforced from 7 a.m. until 7
p.m. each day on October 14 and 15,
2016. In light of the aforementioned
hazards, the COTP has determined that
a special local regulation is necessary to
protect spectators, vessels, and
participants. The special local
regulation will encompass the following
waterway: All waters of the Arkansas
River between mile markers 117.4 and
118.6 in the vicinity of Little Rock, AR.
This regulation prohibits entry by all
vessels, mariners, and persons into the
event area, a 1.2 mile stretch of the
Arkansas River extending 25-yards from
the left descending bank. All vessels
transiting the regulated area outside of
the 25-yard zone will be limited to
slowest speed for safe navigation to
minimize wake unless specifically
authorized by the Captain of the Port
Memphis.
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.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
this portion of the Arkansas River in the
vicinity of Little Rock, AR between 7
a.m. on October 14, 2016 and 7 p.m. on
October 15, 2016.
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 will
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
V. Regulatory Analyses
We developed this 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 (E.O.) 12866 and
13563 direct agencies to assess the costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
E.O. 13563 emphasizes the importance
of quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has not been designated a ‘‘significant
regulatory action,’’ under E.O. 12866.
Accordingly, it has not been reviewed
by the Office of Management and
Budget.
The Coast Guard’s use of this special
local regulation will be only 12 hours in
duration each day on a Friday and a
Saturday, and it is designed to minimize
the impact on navigation. Moreover,
vessels will be allowed to transit the
marked navigation channel outside the
25 yards from left descending bank from
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Frm 00003
Fmt 4700
Sfmt 4700
B. Impact on Small Entities
FOR FURTHER INFORMATION CONTACT
section. 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 E.O. 13132, Federalism, if it has
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that Order and have
determined that it is consistent with the
fundamental federalism principles and
E:\FR\FM\05OCR1.SGM
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68936
Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Rules and Regulations
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
will 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.
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 expenditure, we
do discuss the effects of this rule
elsewhere in this preamble.
ehiers on DSK5VPTVN1PROD with RULES
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 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 rule involves the
establishment of a special local
regulation lasting 12 hours each day
over the course of a Friday and
Saturday. Normally such actions are
categorically excluded from further
review under paragraph 34(h) of Figure
2–1 of the Commandant Instruction. An
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 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
VerDate Sep<11>2014
15:06 Oct 04, 2016
Jkt 241001
message can be received without
jeopardizing the safety or security of
people, places, or vessels.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 100 as follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Add § 100.35T08–0887 to read as
follows:
■
§ 100.35T08–0887 Special Local
Regulation; Arkansas River, Little Rock, AR.
(a) Regulated area. (1) A regulated
area is established to encompass the
following waterway: All waters of the
Arkansas River mile 117.4 through mile
118.6.
(2) All vessels are prohibited from
entering the event area which extends
out 25-yards from the left descending
bank within the regulated area. All
vessels transiting the regulated area
outside of 25 yards from the left
descending bank zone are limited to
slowest speed for safe navigation to
minimize wake unless specifically
authorized by the COTP.
(b) Effective period. This section is
effective from 7 a.m. on October 14,
2016 until 7 p.m. on October 15, 2016
and will be enforced each day from 7
a.m. until 7 p.m.
(c) Regulations. (1) In accordance with
the general regulations in § 100.801 of
this part, all vessels, mariners, and
persons are prohibited from entering the
event area, without permission of the
Captain of the Port Memphis (COTP).
All vessel operators desiring to operate
in the event area of this special local
regulation must contact the COTP or a
designated representative to request
permission to do so. The COTP or a
designated representative may be
contacted via VHF Channel 16 or by
telephone at 1–866–777–2784.
(2) During enforcement, all vessels
transiting the marked navigation
channel from mile marker 117.4 to mile
marker 118.6 will be limited to slowest
speed for safe navigation to minimize
wake unless specifically authorized by
the COTP.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of the
enforcement period for the regulated
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
area as well as any changes in the dates
and times of enforcement.
Dated: September 27, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the
Port, Memphis, Tennessee.
[FR Doc. 2016–24071 Filed 10–4–16; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2016–0489; FRL–9953–64–
Region 4]
Air Plan Approval; Georgia: Volatile
Organic Compounds
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving portions of
two revisions to the Georgia State
Implementation Plan (SIP) submitted by
the Georgia Department of
Environmental Protection (GA EPD) on
July 25, 2014, and November 1, 2015.
These revisions modify the definition of
‘‘volatile organic compounds’’ (VOC).
Specifically, these revisions add two
compounds to the list of those excluded
from the VOC definition on the basis
that these compounds make a negligible
contribution to tropospheric ozone
formation. This action is being taken
pursuant to the Clean Air Act (CAA or
Act).
DATES: This direct final rule is effective
December 5, 2016 without further
notice, unless EPA receives adverse
comment by November 4, 2016. If EPA
receives such comments, it will publish
a timely withdrawal of the direct final
rule in the Federal Register and inform
the public that the rule will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2016–0489 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
SUMMARY:
E:\FR\FM\05OCR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Rules and Regulations]
[Pages 68934-68936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24071]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0887]
RIN 1625-AA08
Special Local Regulation; Arkansas River; Little Rock, AR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation controlling movement of vessels for certain waters of the
Arkansas River. This rule is necessary to provide for the safety of
life on navigable waters during a rowing regatta on October 14 and 15,
2016. This regulation prohibits entry by all vessels, mariners, and
persons into the event area, a 1.2 mile stretch of the Arkansas River
extending 25-yards from the left descending bank. All vessels
transiting the regulated area outside of the 25-yard zone will be
limited to slowest speed for safe navigation to minimize wake unless
specifically authorized by the Captain of the Port Memphis.
DATES: This rule is effective from 7 a.m. on October 14, 2016 until 7
p.m. on October 15, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to
[[Page 68935]]
https://www.regulations.gov, type USCG-2016-0887 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 about this rule,
call or email Petty Officer Todd Manow, Waterways Management, Sector
Lower Mississippi River, U.S. Coast Guard, telephone 901-521-4813,
email Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory Hostory
The Coast Guard is issuing this temporary final 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 doing so would be
impracticable. While the Arkansas Boathouse Club notified the Coast
Guard that it will be conducting a rowing regatta, the ``Six Bridges
Regatta'', from 7 a.m. until 7 p.m. on October 14 and 15, 2016, the
final details of this event were not made known to the Coast Guard
until early September, leaving an insufficient amount of time remaining
to publish an NPRM. It is impracticable to publish an NPRM because we
must establish this safety zone by October 14, 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 this temporary rule
effective less than 30 days after publication in the Federal Register.
For the same reasons discussed in the preceding paragraph, waiting for
a 30 day notice period to run would be impracticable.
III. Legal Authority and Need for a Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP has determined that potential hazards posed to
participants of a rowing regatta in this section of river would be a
safety concern for anyone transiting the river from mile marker 117.4
to 118.6. The purpose of this rulemaking is to ensure the safety of
event participants and other waterway users in U.S. navigable waters
from mile marker 117.4 to 118.6 before, during, and after the scheduled
event.
IV. Discussion of the Rule
This rule establishes a special local regulation, enforced from 7
a.m. until 7 p.m. each day on October 14 and 15, 2016. In light of the
aforementioned hazards, the COTP has determined that a special local
regulation is necessary to protect spectators, vessels, and
participants. The special local regulation will encompass the following
waterway: All waters of the Arkansas River between mile markers 117.4
and 118.6 in the vicinity of Little Rock, AR.
This regulation prohibits entry by all vessels, mariners, and
persons into the event area, a 1.2 mile stretch of the Arkansas River
extending 25-yards from the left descending bank. All vessels
transiting the regulated area outside of the 25-yard zone will be
limited to slowest speed for safe navigation to minimize wake unless
specifically authorized by the Captain of the Port Memphis.
V. Regulatory Analyses
We developed this 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 (E.O.) 12866 and 13563 direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. E.O. 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This rule has not been designated a
``significant regulatory action,'' under E.O. 12866. Accordingly, it
has not been reviewed by the Office of Management and Budget.
The Coast Guard's use of this special local regulation will be only
12 hours in duration each day on a Friday and a Saturday, and it is
designed to minimize the impact on navigation. Moreover, vessels will
be allowed to transit the marked navigation channel outside the 25
yards from left descending bank from mile marker 117.4 to mile marker
118.6 at the slowest speed for safe navigation to minimize wake unless
specifically authorized by the Captain of the Port Memphis. Overall,
the Coast Guard expects minimal impact to vessel movement from the
enforcement of this special local regulation.
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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of the Arkansas River in the vicinity
of Little Rock, AR between 7 a.m. on October 14, 2016 and 7 p.m. on
October 15, 2016.
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 will 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 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 E.O. 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and
[[Page 68936]]
preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it will 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.
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 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 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 rule involves the establishment of a special local
regulation lasting 12 hours each day over the course of a Friday and
Saturday. Normally such actions are categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. An 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 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.35T08-0887 to read as follows:
Sec. 100.35T08-0887 Special Local Regulation; Arkansas River, Little
Rock, AR.
(a) Regulated area. (1) A regulated area is established to
encompass the following waterway: All waters of the Arkansas River mile
117.4 through mile 118.6.
(2) All vessels are prohibited from entering the event area which
extends out 25-yards from the left descending bank within the regulated
area. All vessels transiting the regulated area outside of 25 yards
from the left descending bank zone are limited to slowest speed for
safe navigation to minimize wake unless specifically authorized by the
COTP.
(b) Effective period. This section is effective from 7 a.m. on
October 14, 2016 until 7 p.m. on October 15, 2016 and will be enforced
each day from 7 a.m. until 7 p.m.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.801 of this part, all vessels, mariners, and persons are
prohibited from entering the event area, without permission of the
Captain of the Port Memphis (COTP). All vessel operators desiring to
operate in the event area of this special local regulation must contact
the COTP or a designated representative to request permission to do so.
The COTP or a designated representative may be contacted via VHF
Channel 16 or by telephone at 1-866-777-2784.
(2) During enforcement, all vessels transiting the marked
navigation channel from mile marker 117.4 to mile marker 118.6 will be
limited to slowest speed for safe navigation to minimize wake unless
specifically authorized by the COTP.
(d) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the dates and times of enforcement.
Dated: September 27, 2016.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2016-24071 Filed 10-4-16; 8:45 am]
BILLING CODE 9110-04-P
