[Federal Register Volume 81, Number 66 (Wednesday, April 6, 2016)]
[Rules and Regulations]
[Pages 19884-19886]
[FR Doc No: 2016-07729]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0189]
RIN 1625-AA00

Safety Zone; Lower Mississippi River Mile 95.7 to 96.7; New
Orleans, LA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone from
Mile Marker (MM) 95.7 to MM 96.7 above Head of Passes (AHP) on the
Lower Mississippi River (LMR) on April 12, 2016. This safety zone is
necessary to protect persons and vessels from potential safety hazards
associated with fireworks displays on or over navigable waterways.
Entry into this zone is prohibited unless specifically authorized by
the Captain of the Port New Orleans or a designated representative.

DATES: This rule is effective from 6:00 p.m. through 11:00 p.m. on
April 12, 2016. Comments and related material must be received by the
Coast Guard on or before May 6, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0189 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander (LCDR) James Gatz, Sector New
Orleans, at<PHONE_NUMBER> or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

AHP Above Head of Passes

BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Public Participation and Comments

    We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. 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.
    We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this rule, and all public
comments, are in our online docket at http://www.regulations.gov and
can be viewed by following that Web site's instructions.
    We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).

III. Background Information and Regulatory History

    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 received information
about this fireworks display on or about January 27, 2016. Due to the
risks associated with an aerial barge-based fireworks display taking
place on and over the waterway, a safety zone is needed. It would be
impracticable to publish a NPRM because the safety zone must be
established on April 12, 2016. This rule provides for a comment period
and comments received will be reviewed and analyzed to assist the Coast
Guard in future rulemakings establishing similar safety zones. The
Coast Guard will notify the public and maritime community that the
safety zone will be in effect and of its enforcement periods via
broadcast notices to mariners (BNM).
    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. Providing a full 30-
days notice would be impracticable because immediate action is needed
to protect persons and property from the hazards associated with an
aerial fireworks display taking place on and over the waterway.

IV. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. On April 12, 2016, a fireworks display 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.

V. Discussion of the Rule

    The Coast Guard is establishing a temporary safety zone on the
Lower Mississippi River, for one hour during the evening of April 12,
2016, to occur between 6 and 11 p.m. The safety zone will include the
entire width of the Lower Mississippi River in New Orleans, LA from MM
95.7 to MM 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
one-hour 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<PHONE_NUMBER>.

VI. 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 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 April 12, 2016. Due to the limited scope and short duration of
the safety zone, the impacts on routine navigation are expected to be
minimal.

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 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 zone
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.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 104-121), we want to assist small
entities in understanding this 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 establishment of a temporary safety zone for all waters
of the Lower Mississippi River from MM 95.7 to MM 96.7 AHP. 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

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the 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; 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.T08-0189 to read as follows:

Sec.  165.T08-0189  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) Enforcement period. This rule is enforceable on April 12, 2016,
for one hour in the evening to occur between 6:00 p.m. and 11:00 p.m.
The one-hour enforcement period will be noticed as indicated under
paragraph (d) of this section.
    (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<PHONE_NUMBER>.
    (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: March 30, 2016.
W.R. Arguin Jr.,
Captain, U.S. Coast Guard, Acting Captain of the Port New Orleans.
[FR Doc. 2016-07729 Filed 4-5-16; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 83, Number 131 (Monday, July 9, 2018)]
[Notices]
[Pages 31756-31757]
[FR Doc No: 2018-14674]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2013-0677; FRL-9979-37]

Receipt of Information Under the Toxic Substances Control Act

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is announcing its receipt of information submitted
pursuant to a rule, order, or consent agreement issued under the Toxic
Substances Control Act (TSCA). As required by TSCA, this document
identifies each chemical substance and/or mixture for which information
has been received; the uses or intended uses of such chemical substance
and/or mixture; and describes the nature of the information received.
Each chemical substance and/or mixture related to this announcement is
identified in Unit I. under SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:
    For technical information contact: John Schaeffer, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number:<PHONE_NUMBER>; email address:
[email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Chemical Substances and/or Mixtures

    Information received about the following chemical substance(s) and/
or mixture(s) is provided in Unit IV.: Acetaldehyde, reaction products
with formaldehyde, by-products from (CASRN 68442-60-4).

II. Authority

    Section 4(d) of TSCA (15 U.S.C. 2603(d)) requires EPA to publish a
notice in the Federal Register reporting the receipt of information
submitted pursuant to a rule, order, or consent agreement promulgated
under TSCA section 4 (15 U.S.C. 2603).

III. Docket Information

    A docket, identified by the docket identification (ID) number EPA-
HQ-OPPT-2013-0677, has been established for this Federal Register
document, which announces the receipt of the information. Upon EPA's
completion of its quality assurance review, the information received
will be added to the docket identified in Unit IV., which represents
the docket used for the TSCA section 4 rule, order, and/or consent
agreement. In addition, once completed, EPA reviews of the information
received will be added to the same docket. Use the docket ID number
provided in Unit IV. to access the information received and any
available EPA review.
    EPA's dockets are available electronically at http://www.regulations.gov or in person at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket), Environmental Protection Agency Docket
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPPT Docket is (202) 566-
0280. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

IV. Information Received

    As specified by TSCA section 4(d), this unit identifies the
information received by EPA: Acetaldehyde, reaction products with
formaldehyde, by-products from (CASRN 68442-60-4).
    1. Chemical use(s): Acetaldehyde, reaction products with
formaldehyde, by-products from, is a chemical intermediate used in
processing as a reactant in the construction industrial sector.
    2. Applicable rule, Order, or Consent agreement: Chemical testing
requirements for third group of high production volume chemicals
(HPV3), 40 CFR 799.5089.
    3. Information received: EPA received the following information:
    [ssquf] Letter of Intent to Conduct Testing.

    The docket ID number assigned to this information is EPA-HQ-OPPT-
2009-0112.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: June 22, 2018.
Lynn Vendinello,
Acting Director, Chemical Control Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2018-14674 Filed 7-6-18; 8:45 am]
 BILLING CODE 6560-50-P