[Federal Register: June 1, 2006 (Volume 71, Number 105)]
[Notices]
[Page 31183-31186]
[DOCID:fr01jn06-57]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2005-0096; FRL-8176-7]

Asbestos-Containing Materials in Schools; State Request for
Waiver From Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed approval and request for comments.

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SUMMARY: This action provides notice and an opportunity for public
hearing, and solicits written comments on EPA's proposed waiver of the
requirements of the Federal asbestos-in-schools program for the
Commonwealth of Kentucky. A waiver request will be granted if EPA
determines that the Commonwealth of Kentucky is implementing or intends
to implement a state program of asbestos inspection that is at least as
stringent as the federal program. This action provides notice and an
opportunity for a public hearing, and solicits written comments on the
waiver request submitted by the Commonwealth of Kentucky.

DATES: Written comments under Docket ID Number OPPT-2005-0096 must be
received by July 31, 2006. Each comment must include the name and
address of the submitter. Any request for a public hearing must be in
writing, be received on or before July 31, 2006, and detail specific
objections to the grant of the waiver. If, during the comment period,
EPA receives such a request for a public hearing, EPA will schedule a
public hearing in Kentucky following the comment period. EPA will
announce the date of the public hearing in the Federal Register.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-HQ-
OPPT-2005-0096, by one of the following methods:
    1. http://www.regulations.gov: Follow the on-line instructions for

submitting comments.
    2. E-mail<EMAIL_ADDRESS>    3. Fax:<PHONE_NUMBER>.
    4. Mail: Docked ID Number EPA-HQ-OPPT-2005-0096, Asbestos
Coordinator, Region 4, Environmental Protection Agency, Atlanta Federal
Center, 61 Forsyth Street SW., Atlanta, GA 30303-8960.
    5. Hand Delivery or Courier: John Hund, Asbestos Coordinator,
Region 4, Environmental Protection Agency, Atlanta Federal Center, 61
Forsyth Street SW., Atlanta, GA 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional

Office's official hours of business are Monday through Friday, 8:30 to
4:30, excluding federal holidays.
    Instructions: Direct your comments to Docket ID Number EPA-HQ-OPPT-
2005-0096. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit through http://www.regulations.gov
 or e-mail, information that you consider to be CBI

or otherwise protected. The http://www.regulations.gov Web site is an

``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail address will be

automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/

epahome/ dockets.htm.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov
 or in hard copy at the Asbestos Coordinator, Region

4, Environmental Protection Agency, Atlanta Federal Center, 61 Forsyth
Street SW., Atlanta, GA 30303-8960. EPA requests that if at all
possible, you contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your inspection. The Regional Office's
official hours of business are Monday through Friday, 8:30 to 4:30
excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: John Hund, Asbestos Coordinator,
Region 4, Environmental Protection Agency, Atlanta Federal Center, 61
Forsyth Street SW., Atlanta, GA 30303-8960; telephone number: (404)
562-8978; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

A. What Action Is the Agency Taking?

    EPA is considering granting, with conditions, a waiver of the
asbestos-in-schools program to the Commonwealth of Kentucky. This
notice is issued, and the waiver, if granted, would be issued under
section 203(m) of the Toxic Substances Control Act (TSCA) and 40 CFR
763.98. Section 203 is within Title II of TSCA, the Asbestos Hazard
Emergency Response Act (AHERA).
    The Agency recognizes that a waiver granted to any State would not
encompass schools operated under the defense dependents' education
system (the third type of local education agency (LEA) defined at TSCA
section 202(7) and 40 CFR 763.83), which serve dependents in overseas
areas, and other elementary and secondary schools outside a State's
jurisdiction, which generally includes schools in Indian country. Such
schools would remain subject to EPA's asbestos-in-schools program.

B. What Is the Agency's Authority for Taking This Action?

    In 1987, under TSCA section 203, the Agency promulgated regulations
that require the identification and management of asbestos-containing
material by LEAs in the nation's elementary and secondary school
buildings: the ``AHERA Schools Rule'' (40 CFR part 763, subpart E).
Under section 203(m) of TSCA and 40 CFR 763.98, upon request by a State
Governor and after notice and comment and opportunity for a public
hearing in the State, EPA may waive, in whole or in part, the
requirements of the asbestos-in-schools program (TSCA section 203 and
the AHERA Schools Rule) if EPA determines that the State has
established and is implementing or intends to implement a program of
asbestos inspection and management that contains requirements that are
at least as stringent as those in the Agency's asbestos-in-schools
program. A State seeking a waiver must submit its request to the EPA
Region in which that State is located.

C. When Did Kentucky Submit Its Request for a Waiver and How Is EPA
Proposing To Respond?

    On January 4, 1999, Governor Paul E. Patton, submitted to the EPA
Region 4 Regional Administrator, a letter with supporting documentation
requesting a full waiver of the requirements of EPA's asbestos-in-
schools program pursuant to the AHERA statute and 40 CFR 763.98. The
EPA Region 4 Administrator indicated by letter dated February 19, 1999,
to Kentucky that the request was complete. A subsequent letter dated
August 21, 2000, from the Director of Kentucky Division for Air
Quality, corrected an inadvertent error in the January 4, 1999, letter.
    EPA is hereby issuing a notice in the Federal Register announcing
receipt of the complete Kentucky waiver request and an opportunity for
comment and public hearing, and making the request and supporting
documentation available in the public record for this notice. The
Agency is also describing the information submitted by Kentucky and the
Agency's preliminary determination as to how the waiver request meets
the criteria for the grant of a waiver.

D. What was EPA's Determination With Regard to the Completeness of
Kentucky's Waiver Request?

    The Kentucky waiver request has been deemed complete by EPA with
regard to the required contents specified at 40 CFR 763.98 and contains
the following:
    1. A copy of the Kentucky provisions relating to its program of
asbestos inspection and management in schools for which the request is
made. These consist of the following, as well as other supporting
documentation: (a) Kentucky Revised Statutes (KRS) section 224.20-300
``Asbestos Control: Purpose;'' section 224.99-010(12) ``Penalties;''
section 224.99-020(1) ``Action to recover penalties and costs--
Injunctive relief;'' (b) 401 Kentucky Administrative Regulations (KAR)
58:010 ``Local education agencies;'' (c) Kentucky AHERA Compliance-
Monitoring Protocol, which includes the Neutral Administrative
Inspection Scheme for Asbestos Compliance-Monitoring inspections in
Kentucky; and (d)

Kentucky's Enforcement Protocol for Violations of Certain AHERA
Requirements Associated with Accreditations, Management Plans, and
Recordkeeping. A copy of each of these documents and other supporting
documentation is included in the official record.
    2. The name of the Kentucky agency that is responsible for
administrating and enforcing the requirements for which a waiver is
requested, namely the Natural Resources and Environmental Protection
Cabinet of the Commonwealth of Kentucky (the ``Cabinet''), which
includes the Department of Environmental Protection, and within the
Department, the Division for Air Quality. The officials within the
Division for Air Quality who are responsible for Kentucky's asbestos-
in-schools program are: John S. Lyons, Division Director; Kevin
Flowers, Manager of the Division's Field Operations Branch; and Parker
Moore, Manager of the Division's Special Programs Branch--telephone:
(502) 573-3382.
    3. Detailed reasons, supporting papers, and rationale for
concluding that Kentucky's asbestos inspection and management programs,
for which the waiver request is made, are at least as stringent as the
requirements of the AHERA Schools Rule (40 CFR part 763, subpart E).
    4. A discussion of any special situations, problems, and needs
pertaining to the waiver request accompanied by an explanation of how
the Commonwealth intends to handle them.
    5. A statement of the resources that Kentucky intends to devote to
the administration and enforcement of the provisions relating to the
waiver request.
    6. Copies of any specific or enabling Kentucky laws and regulations
relating to the request, including provisions for assessing criminal
and/or civil penalties.
    7. Assurance from the Governor, that the Cabinet has the legal
authority necessary to carry out the requirements relating to the
waiver request, as indicated in the January, 4, 1999, letter from
Governor Patton of Kentucky to the EPA Region 4 Regional Administrator,
as supplemented by the August 21, 2000, letter.

E. What Are the Criteria for EPA's Grant of the Waiver?

    EPA may waive some or all of the requirements of the Agency's
asbestos-in-schools program if the Agency determines that Kentucky has
met the criteria set forth at 40 CFR 763.98. The criteria and EPA's
preliminary determinations relating to the grant of the waiver to
Kentucky are set forth below:
    1. Kentucky's lead agency has the legal authority necessary to
carry out the provisions of asbestos inspection and management in
schools relating to the waiver request.
EPA's Preliminary Determination
    EPA has determined preliminarily that the statutory and regulatory
provisions cited at Section I.D.1 of this notice give the Kentucky
Division for Air Quality the legal authority necessary to carry out the
provisions of asbestos inspection and management in schools relating to
the waiver request.
    2. Kentucky's program of asbestos inspection and management in
schools and its implementation of the program are or will be at least
as stringent as the requirements of the AHERA Schools Rule.
EPA Preliminary Determination
    EPA has determined preliminarily that Kentucky's program is at
least as stringent as EPA's program. On January 25, 1989, Kentucky
adopted the requirements of 40 CFR part 763, subpart E in their
entirety, with the exception of Sec. Sec.  763.83 (definitions), 763.97
(compliance and enforcement), and 763.98 (waiver; delegation to State),
into the Kentucky Regulation 401 KAR 58:010 ``Local Education
Agencies.'' Kentucky also adopted several provisions which supplement
and clarify this rule.
    3. Kentucky has an enforcement mechanism to allow it to implement
the program described in the waiver request.
EPA's Preliminary Determination
    EPA has determined preliminarily that the compliance and
enforcement provisions of Kentucky's asbestos-in-schools program are
adequate to run the program. The Kentucky Environmental and Public
Protection Cabinet is empowered under KRS 224.10-100 to provide for the
prevention, abatement, and control of air pollution. KRS 224.10-100(5).
This includes the authority to ``enter and inspect any property or
premises for the purpose of investigating either actual or suspected
sources of pollution or contamination or for the purpose of
ascertaining compliance or noncompliance with this chapter, or any
regulation which may be promulgated there under.'' KRS 224.10-100(10).
Any person who violates any provision of state law or any
determination, permit, administrative regulation or order of the
Cabinet relating to the Asbestos Hazard Emergency Response Act (AHERA)
of 1986, Public Law 99-519, is liable to the Commonwealth of Kentucky
for a civil penalty in an amount not to exceed $25,000 for each
violation. KRS 224.99-010(4). A person who knowing violates these
provisions or who knowingly provides false information is guilty of a
Class D felony and punishable by a fine not to exceed $25,000, or by
imprisonment for a term of not less than one year and not more than
five years or by both for each separate violation. The Cabinet also has
the authority to bring an action for an injunction against any person
violating or threatening to violate any provision of the Kentucky
statute, regulation, or order or determination of the cabinet related
to AHERA. KRS 224.99-020.
    To help ensure compliance with its asbestos regulations, the
Division for Air Quality has developed a Neutral Administrative
Inspection Scheme (NAIS) for targeting non-compliant inspections. By
focusing on activities where problems are most likely to occur, the
NAIS is designed to maximize the effectiveness of their inspection/
enforcement efforts toward preventing and controlling asbestos-related
risks to human health and the environment. The NAIS was revised October
9, 1998. The Division for Air Quality under a cooperative agreement
with EPA uses compliance monitoring and enforcement protocols for
overseeing Kentucky's Asbestos-in-Schools Program, pursuant to the
Asbestos Hazard Emergency Response Act and the Kentucky AHERA
regulations. The enforcement protocol includes: Warning Letter (Notice
of Noncompliance), Administrative Action (Notice of Violation), and
Civil Action. The enforcement protocol was revised October 9, 1998.
    4. Kentucky has or will have qualified personnel to carry out the
provisions relating to the waiver request.
EPA's Preliminary Determination
    EPA has determined preliminarily that Kentucky has qualified
personnel to carry out the provisions of the waiver. The existing
program staff includes 14 employees trained to stringently enforce the
requirements of 40 CFR part 763, subpart E. The program will be carried
out by staff in the Kentucky Environmental and Public Protection
Cabinet, Division for Air Quality. The Division's Field Operations
Branch includes seven asbestos inspectors located in seven regional
offices around the Commonwealth. The Division's Special Programs Branch
is responsible for reviewing AHERA management

plans, re-inspections, and issuing AHERA accreditations. The Division's
Enforcement Branch is responsible for enforcement actions involving
AHERA violations. Kentucky commits approximately four persons each year
to AHERA compliance monitoring and enforcement activities under the EPA
TSCA Asbestos Enforcement Grant. Staff is fully-trained and certified
as Contractor/Supervisor, Inspector, and Management Planner.
    5. Kentucky will devote adequate resources to the administration
and enforcement of the asbestos inspection and management provisions
relating to the waiver request.
EPA's Preliminary Determination
    EPA has determined preliminarily that the resources developed by
the Kentucky Division for Air Quality are adequate to effectively
administer and enforce the provisions of the asbestos program in
Kentucky. Kentucky continues to receive funding through an EPA
cooperative agreement in the amount of $60,000 with state matching
funds of $20,000 for a total of $80,000 for FY 2006.
    6. Kentucky gives satisfactory assurances that the necessary steps,
including specific actions it proposes to take and a time schedule for
their accomplishment, will be taken within a reasonable time to conform
with criteria numbers 2-4 above.
EPA's Preliminary Determination
    For EPA to grant a full waiver to Kentucky for its asbestos-in-
schools program, the Commonwealth, as a condition of the grant, would
need to give a written assurance satisfactory to EPA that if, any
provision of either TSCA section 203 or the AHERA Schools Rule is
changed, the Commonwealth would, within a reasonable period of time,
make appropriate changes, as necessary, to the statutory and regulatory
provisions of its asbestos-in-schools program to ensure that the
program remains at least as stringent as the EPA asbestos-in-schools
program.
    In addition, if a waiver is granted and as long as it remains in
effect, Kentucky would need to continue its asbestos-in-schools
implementation and enforcement strategy utilizing adequate resources.
EPA may evaluate periodically the adequacy of Kentucky's program under
40 CFR 763.98, and under circumstances set forth in the regulation, may
in whole or in part rescind the waiver if the Agency determines the
program to be inadequate.

F. What Recordkeeping and Reporting Burden Approvals Apply to the
Kentucky Waiver Request?

    The recordkeeping and reporting burden associated with waiver
requests was approved by the Office of Management and Budget (OMB)
under OMB control number 2070-0091. This document simply announces the
Agency's receipt of the Kentucky waiver request and therefore it
imposes no additional burden beyond that covered under existing OMB
control number 2070-0091.

II. Materials in the Official Record

    The official record, under Docket ID Number EPA-HQ-OPPT-2005-0096,
contains the Kentucky waiver request, and any other supporting or
relevant documents.

    Dated: May 11, 2006.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
 [FR Doc. E6-8399 Filed 5-31-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 35 (Thursday, February 23, 2017)]
[Proposed Rules]
[Pages 11417-11419]
[FR Doc No: 2017-03539]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Docket No. FAA-2016-9591; Airspace Docket No. 16-ASW-21]
RIN 2120-AA66

Proposed Establishment of Temporary Restricted Area R-5602; Fort
Sill, OK

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to establish temporary restricted area R-
5602, over the Fort Sill, OK, R-5601 restricted area complex, to
support the U.S. Army Maneuver & Fires Integration Experiment (MFIX)
2018 scheduled for December 2017. MFIX 2018 is planned to exercise
hazardous laser operations conducting counter unmanned aircraft systems
(UAS) activities. The temporary restricted area would be in effect from
December 4 through December 15, 2017.

DATES: Comments must be received on or before April 10, 2017.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, M-30, 1200 New Jersey Avenue SE.,
West Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
telephone: 1<PHONE_NUMBER>, or telephone:<PHONE_NUMBER>. You must
identify FAA Docket No. FAA-2016-9591 and Airspace Docket No. 16-ASW-
21, at the beginning of your comments. You may also submit comments
through the Internet at www.regulations.gov. You may review the public
docket containing the proposal, any comments received, and any final
disposition in person in the Dockets Office between 9:00a.m. and 5:00
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.
    Comments on environmental and land use aspects to should be
directed to: U.S. Army Garrison, Directorate of Public Works, Attn:
IMSI-PWE (Sarah Sminkey), Environmental Quality Division, Fort Sill, OK
73503-5100;

email<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace Policy Group,
Office of Airspace Services, Federal Aviation Administration, 800
Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-
8783.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
the airspace necessary to ensure the safety of aircraft and the
efficient use of airspace. This regulation is within the scope of that
authority as it would establish temporary restricted area airspace at
Fort Sill, OK, to enhance aviation safety and accommodate essential
U.S. Army hazardous above-the-horizon laser operations conducting
counter UAS activities.

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (FAA Docket No.
FAA-2016-9591 and Airspace Docket No. 16-ASW-21) and be submitted in
triplicate to the Docket Management System (see ADDRESSES section for
address and phone number). You may also submit comments through the
Internet at www.regulations.gov.
    Commenters wishing the FAA to acknowledge receipt of their comments
on this action must submit with those comments a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to FAA Docket No. FAA-2016-9591 and Airspace Docket No. 16-ASW-21.''
The postcard will be date/time stamped and returned to the commenter.
    All communications received on or before the specified closing date
for comments will be considered before taking action on the proposed
rule. The proposal contained in this action may be changed in light of
comments received. All comments submitted will be available for
examination in the public docket both before and after the closing date
for comments. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's Web page at http://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person at the Dockets
Office (see ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. An informal docket may also be examined during normal
business hours at the office of the Operations Support Group, Central
Service Center, Federal Aviation Administration, 10101 Hillwood Blvd.,
Fort Worth, TX 76177.

Background

    As the U.S. Army's Center of Excellence for Fires, Fort Sill has
submitted a proposal to the FAA to establish a temporary restricted
area overlying a portion of the Fort Sill R-5601 restricted area
complex, and extending slightly eastward, to support the Army's
Maneuver & Fires Integration Experiment (MFIX) 2018 planned for
December 4-15, 2017. The proposed restricted area would contain
hazardous laser activities associated with demonstrating and developing
training employment tactics for counter UAS capabilities.
    Specifically intended to destroy unmanned aircraft, the hazardous
laser activities require additional short-term restricted airspace to
supplement the existing Fort Sill R-5601 complex and ensure the
protection of nonparticipating air traffic when hazardous activities
are occurring. Minimal aeronautical impact is anticipated since the
temporary restricted area would be located above the existing R-5601
complex which extends from the surface to 40,000 feet mean sea level
(MSL), and the designated altitudes of the temporary restricted area
would extend upward from 40,000 feet MSL to 60,000 feet MSL.

The Proposal

    The FAA is proposing an amendment to 14 CFR part 73 to establish
temporary restricted area R-5602 in support of MFIX 2018 during the
period December 4-15, 2017, to contain hazardous laser activities
demonstrating counter UAS capabilities. To effectively segregate
nonparticipant air traffic from the hazardous activities associated
with MFIX 2018, R-5602 would extend from 40,000 feet MSL to 60,000 feet
MSL, would be activated daily by a Notice to Airmen (NOTAM), and would
be in effect only during the period of December 4 through December 15,
2017.
    The proposed lateral boundaries for R-5602 would overlie and extend
upward over the ceilings of the R-5601A, R-5601B, and a portion of R-
5601F restricted areas and extend approximately 8 nautical miles (NM)
east beyond the R-5601A and R-5601F eastern boundaries. Collectively,
the R-5602 proposed boundaries and existing R-5601 restricted areas
would fully contain the planned hazardous laser beam trajectories,
within restricted area airspace, from the surface to 60,000 feet MSL.
    The proposed designated altitudes for R-5602 would extend upward
from 40,000 feet MSL to 60,000 feet MSL. The altitudes are defined
relative to MSL to highlight that the proposed area would be used for
other than aircraft operations. From an air traffic perspective,
establishing R-5602 for other than aircraft operations reduces radar
separation requirements for circumnavigating the temporary restricted
area and minimizes impacts to aviation.
    The proposed time of designation for R-5602 is by NOTAM with an
expected usage of approximately 2 hours per day during the MFIX 2018
period of December 4--15. The activation periods are planned for 0930
to 1130 or 1300 to 1500 daily; however, due to the heavy dependence on
favorable weather and unpredictability of seasonal weather patterns,
NOTAM activations could be adjusted as operationally necessary.
Planning to use R-5602 only 2 hours per day during MFIX 2018 further
minimizes impacts to aviation.
    Since R-5602 is a temporary area, it would not be depicted on the
Dallas-Ft. Worth Sectional Aeronautical Chart or the IFR Enroute High
Altitude Chart, H-6. However, a notice and graphic depiction would be
published in the Notices to Airmen Publication (NTAP).

The NTAP is available on line at http://www.faa.gov/air_traffic/publications/notices/.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under
Department of Transportation (DOT) Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979); and (3) does not warrant preparation
of a regulatory evaluation as the anticipated impact is so minimal.
Since this is a routine matter that will only affect air traffic
procedures and air navigation, it is certified that this proposed rule,
when promulgated, will not have a significant economic impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.

Environmental Review

    This proposal will be subjected to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures,'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 73

    Airspace, Prohibited Areas, Restricted Areas.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 73 as follows:

PART 73--SPECIAL USE AIRSPACE

0
1. The authority citation for part 73 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  73.56  Oklahoma [Amended]

0
2. Sec.  73.56 is amended as follows:
* * * * *

R-5602 Fort Sill, OK [Temporary]

    Boundaries. Beginning at lat. 34[deg]49'30'' N., long.
98[deg]08'43'' W.; to lat. 34[deg]36'36'' N., long. 98[deg]08'43''
W.; to lat. 34[deg]36'36'' N., long. 98[deg]17'01'' W.; to lat.
34[deg]38'15'' N., long. 98[deg]17'01'' W.; to lat. 34[deg]38'15''
N., long. 98[deg]37'57'' W.; to lat. 34[deg]40'54'' N., long.
98[deg]37'56'' W.; to lat. 34[deg]42'07'' N., long. 98[deg]37'20''
W.; to lat. 34[deg]43'21'' N., long. 98[deg]36'02'' W.; to lat.
34[deg]43'30'' N., long. 98[deg]35'40'' W.; to lat. 34[deg]45'03''
N., long. 98[deg]29'46'' W.; to lat. 34[deg]46'15'' N., long.
98[deg]25'01'' W.; to lat. 34[deg]47'00'' N., long. 98[deg]17'46''
W.; to lat. 34[deg]46'45'' N., long. 98[deg]17'01'' W.; to lat.
34[deg]49'30'' N., long. 98[deg]17'01'' W.; to the point of
beginning.
    Designated altitudes. 40,000 feet MSL to 60,000 feet MSL.
    Time of designation. December 4--15, 2017, by NOTAM.
    Controlling agency. FAA, Fort Worth ARTCC.
    Using agency. U. S. Army, Commanding General, U. S. Army Fires
Center of Excellence, Fort Sill, OK.

    Issued in Washington, DC on February 8, 2017.
Leslie M. Swann,
Acting Manager, Airspace Policy Group.
[FR Doc. 2017-03539 Filed 2-22-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Notices]
[Pages 18586-18587]
[FR Doc No: 2021-06945]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket Number: FAA-2021-0179]

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Airport Noise
Compatibility Planning

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the
Federal Aviation Administration (FAA) invites public comments about our
intention to request the Office of Management and Budget's (OMB)
approval to renew an information collection. The collection involves
information on voluntary airport noise compatibility programs. The
information to be collected is necessary because noise compatibility
program measures are eligible for Federal grants in-aid if they are
provided to FAA for review and approval in advance. The respondents are
airport sponsors that voluntarily submit noise exposure maps and noise
compatibility programs to the FAA for review and approval.

DATES: Send comments on or before June 8, 2021.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA. Comments can be submitted via electronic mail to
<EMAIL_ADDRESS>or by the following additional options:

By mail to: The Office of Information and Regulatory Affairs, Office of
Management and Budget, Docket Library, Room 10102, 725 17th Street NW,
Washington, DC 20503 or
By fax to:<PHONE_NUMBER>
By Electronic Docket: www.regulations.gov (Enter docket number into
search field).

FOR FURTHER INFORMATION CONTACT: Susan Staehle by electronic mail at:
<EMAIL_ADDRESS>or by phone at:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0517.
    Title: Airport Noise Compatibility Planning.

    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an Information Collection.
    Background: The voluntarily submitted information from the current
collection process pursuant to Tile 14 Code of Federal Regulations
(CFR) part 150, (e.g., airport noise exposure maps and airport noise
compatibility programs, or their revisions) is used by the FAA to
conduct reviews of the submissions to determine if an airport sponsor's
noise compatibility program is eligible for Federal grant funds. If
airport sponsors did not voluntarily submit noise exposure maps and
noise compatibility programs for FAA review and approval, the airport
sponsor would not be eligible for the set aside of discretionary grant
funds.
    Respondents: Approximately 15 airport sponsors.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 3,744 hours.
    Estimated Total Annual Burden: 56,160 hours.

    Issued in: Washington, DC, March 31, 2021.
Susan Staehle,
Environmental Protection Specialist, Office of Airports, Planning and
Environmental Division, APP-400.
[FR Doc. 2021-06945 Filed 4-8-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Rules and Regulations]
[Pages 20258-20259]
[FR Doc No: 2019-09466]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0298; Airspace Docket No. 19-ACE-6]
RIN 2120-AA66

Amendment of Class E Airspace; Columbus, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule, technical amendment.

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SUMMARY: This action amends the header of the airspace legal
description for the Class E airspace designated as an extension to the
Class E surface area at Columbus Municipal Airport, Columbus, NE, by
correcting the state listed in the header from MO to NE. This action
does not affect the boundaries or operating requirements of the
airspace.

DATES: Effective 0901 UTC, August 15, 2019. The Director of the Federal
Register approves this incorporation by reference action under Title 1
Code of Federal Regulations part 51, subject to the annual revision of
FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11C, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at http://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11C at NARA, call<PHONE_NUMBER>, or go
to https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it corrects an error in the header of the airspace legal description
of the Class E airspace designated as an extension to the Class E
surface area at Columbus Municipal Airport, Columbus, NE.

History

    The FAA discovered an error in the header of the airspace legal
description for the Class E airspace designated as an extension to the
Class E surface area at Columbus Municipal Airport, Columbus, NE,
published in the Federal Register (83 FR 38253; August 6, 2018). The
state in the header of the airspace

legal description incorrectly listed MO instead of NE as listed in the
city and state in the header. This action corrects that error and does
not affect the boundaries or operating requirements of the airspace.
    Class E airspace designations are published in paragraph 6004 of
FAA Order 7400.11C, dated August 13, 2018, and effective September 15,
2018, which is incorporated by reference in 14 CFR 71.1. The Class E
airspace designations listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11C, Airspace Designations and
Reporting Points, dated August 13, 2018, and effective September 15,
2018. FAA Order 7400.11C is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11C lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 by correcting the state (formerly MO) listed in the header of
the airspace legal description for the Class E airspace designated as
an extension to the Class E surface area at Columbus Municipal Airport,
Columbus, NE.
    This is an administrative change that does not affect the airspace
boundaries or operating requirements, and, therefore, notice and public
procedure under 5 U.S.C. 553(b) are unnecessary.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current, is
non-controversial and unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a ``significant regulatory action''
under Executive Order 12866; (2) is not a ``significant rule'' under
DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that only affects air traffic procedures and air navigation, it is
certified that this rule, when promulgated, does not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5.a. This airspace action is not expected
to cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11C,
Airspace Designations and Reporting Points, dated August 13, 2018, and
effective September 15, 2018, is amended as follows:

Paragraph 6004 Class E Airspace Areas Designated as an Extension to
a Class D or Class E Surface Area.

* * * * *

ACE NE E4 Columbus, NE [New]

Columbus Municipal Airport, NE
    (Lat. 41[deg]26'55'' N, long. 97[deg]20'27'' W)
Columbus VOR/DME
    (Lat. 41[deg]27'00'' N, long. 97[deg]20'27'' W)

    That airspace extending upward from the surface within 2.4 miles
each side of the Columbus VOR/DME 150[deg] radial extending from the
4.2-mile radius of Columbus Municipal Airport to 7.0 miles southeast
of the airport, and within 2.4 miles each side of the Columbus VOR/
DME 309[deg] radial extending from the 4.2-mile radius of Columbus
Municipal Airport to 7.7 miles northwest of the airport.

    Issued in Fort Worth, Texas, on May 1, 2019.
John A. Witucki,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2019-09466 Filed 5-8-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Rules and Regulations]
[Pages 35619-35621]
[FR Doc No: 2016-13108]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0162]
RIN 1625-AA00

Safety Zone; Richland Regatta, Columbia River, Richland, WA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Columbia River in the vicinity of Howard Amon
Park, Richland, WA, between River Miles 337 and 338, during hydroplane
boat races from June 3, 2016, through June 5, 2016. This action is
necessary to provide for the safety of life on the navigable waters of
the Columbia River during the event. This regulation prohibits persons
and vessels from being in the safety zone unless authorized by the
Captain of the Port Sector Columbia River or a designated
representative.

DATES: This rule is effective from June 3, 2016, through June 5, 2016.
The rule will be enforced from 7 a.m. to 7 p.m. each day it is
effective.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0162 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 Mr. Ken Lawrenson, Waterways Management Division, MSU
Portland, OR, U.S. Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On December 21, 2015, the Northwest Power Boat Association notified
the Coast Guard that it will be conducting hydroplane boat races from 7
a.m. to 7 p.m. daily from June 3, 2016 through June 5, 2016, as part of
the Richland Regatta. The races will be held in the vicinity of Howard
Amon Park, Richland, WA. In response, on March 21, 2016, the Coast
Guard published a notice of proposed rulemaking (NPRM) titled Safety
Zone; Richland Regatta, Columbia River, Richland, WA (81 FR 14998).
There we stated why we issued the NPRM, and invited comments on our
proposed regulatory action related to this marine event. During the
comment period that ended April 20, 2016, we received no comments.
    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. Due to delays in
processing this regulation, it would be impracticable to delay the
effective date until 30 days after publication, as this delay would
eliminate the safety zone's effectiveness and usefulness in preventing
the potential dangers to the public caused by the racing of vessels at
high speeds.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under the authority in 33
U.S.C. 1231. The Captain of the Port Columbia River (COTP) has
determined that potential hazards associated with the hydroplane races
on June 3, 2016, through June 5, 2016, will be a safety concern for all
waterway users on the Columbia River between River Miles 337 and 338
during the event. The hydroplane races pose significant dangers to the
maritime public including excessive noise, vessels racing at high
speeds in proximity to other vessels, and flying debris in the event of
an accident. The purpose of this rule is to ensure the safety of
vessels and the navigable waters before, during and after the scheduled
event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published March
21, 2016. There are no changes in the regulatory text of this rule from
the proposed rule in the NPRM.
    This rule establishes a safety zone from 7 a.m. to 7 p.m. on June
3, 2016, through June 5, 2016. The safety zone will include all
navigable waters of the Columbia River in the vicinity of Howard Amon
Park, Richland, WA between River Miles 337 and 338. The duration of the
zone is intended to ensure the safety of vessels and these navigable
waters during the scheduled hydroplane races. No vessel or person will
be permitted to enter, transit through, anchor in, or remain within the
regulated area unless authorized by Captain of the Port Sector Columbia
River or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize on analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This rule has not been designated
a ``significant regulatory action,'' under Executive Order 12866.
Accordingly, it has not been reviewed by the Office of Management and
Budget.
    This regulatory action determination is based on the following
factors. The safety zone will only be effective for twelve hours daily
over a three day period, and while non-participant vessels will be
unable to enter, transit through, anchor in, or remain within the event
area without authorization from the Captain of the Port Sector Columbia
River or a designated representative, they may operate in the
surrounding areas during the enforcement period. Additionally, non-
participant vessels may still enter, transit through, anchor in, or
remain within the event area during the enforcement period if
authorized by the COTP Sector Columbia River or a designated
representative. The Coast Guard would issue a Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone.

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 received no comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule would not have a significant economic
impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A. above this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions

concerning its provisions or options for compliance, please contact the
person listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.

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 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 a safety zone from 7 a.m. to 7 p.m. daily from June 3,
2016 through June 5, 2016. The safety zone would cover all navigable
waters of the Columbia River in the vicinity of Howard Amon Park,
Richland, WA. It is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the 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.T13-0162 to read as follows:

Sec.  165.T13-0162  Safety Zone; Richland Regatta, Columbia River,
Richland, WA.

    (a) Regulated area. The following regulated area is a safety zone.
The safety zone will include all navigable waters of the Columbia River
in the vicinity of Howard Amon Park, Richland, WA, between River Miles
337 and 338.
    (b) Definitions. (1) The term ``designated representative'' means
Coast Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Sector Columbia River in the enforcement of the
regulated area.
    (2) The term ``Non-participant persons and vessels'' means a vessel
or person not participating in the event as a participant, spectator,
or event attendee.
    (c) Regulations. (1) In accordance with the general regulations in
subpart C of this part, non-participant persons and vessels are
prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area unless authorized by Captain of the
Port Sector Columbia River or a designated representative.
    (2) Non-participant persons and vessels may request authorization
to enter, transit through, anchor in, or remain within the regulated
area by contacting the Captain of the Port Sector Columbia River or a
designated representative via VHF radio on channel 16. If authorization
is granted by the Captain of the Port Sector Columbia River or a
designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the Captain of the
Port Sector Columbia River or a designated representative.
    (d) Enforcement period. This safety zone as described in paragraph
(a) of this section will be enforced from 7 a.m. to 7 p.m. each day on
June 3, 2016, through June 5, 2016.

    Dated: May 27, 2016.
D.J. Travers,
Captain, U.S. Coast Guard, Captain of the Port, Sector Columbia River.
[FR Doc. 2016-13108 Filed 6-2-16; 8:45 am]
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