[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Proposed Rules]
[Pages 39234-39236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14034]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0233]
RIN 1625-AA00


Safety Zone; Verdigris River Mile Marker 444.5 to 443.5

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a permanent safety zone 
for an annually recurring marine event in the Verdigris River, from 
Mile Marker (MM) 444.5 to MM 443.5 in Catoosa, Oklahoma. This action is 
necessary to protect persons and vessels from the potential safety 
hazards associated with a fireworks display taking place between late 
June to early July, 2016 and recurring annually thereafter. This 
proposed rulemaking would prohibit persons and vessels from being in 
the safety zone unless specifically authorized by the Captain of the 
Port (COTP), Lower Mississippi River or a designated representative. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 27, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0233 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 about this 
proposed rulemaking, call or email LCDR Krissy Marlin, Sector Lower 
Mississippi River Waterways Management Division, U.S. Coast Guard; 
telephone (901) 521-4725, email [email protected].

SUPPLEMENTARY INFORMATION:

[[Page 39235]]

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, Purpose, and Legal Basis

    The second annual Liberty Fest is planned to take place on the 
Verdigris River on July 4th or the first or second weekend before the 
holiday and is anticipated to continue annually. The Coast Guard 
established a safety zone for the Liberty Fest fireworks display in 
2015 through a temporary final rulemaking. For this year and subsequent 
years, we propose to establish the safety zone as a permanent annually 
recurring regulation to safeguard against the hazards associated with a 
fireworks display on the Verdigris River, near Catoosa, Oklahoma.
    The Coast Guard proposes this rulemaking under authority in 33 
U.S.C. 1231. The purpose of this proposed safety zone is to protect 
both spectators and participants from the hazards associated with a 
fireworks display on or over the waterway.

III. Discussion of Proposed Rule

    The COTP Lower Mississippi River proposes to establish a safety 
zone for approximately 30-45 minutes occurring between 9:00 p.m. and 
11:00 p.m. on one day during July 4th or the first or second weekend 
before the holiday, occurring annually. The proposed safety zone would 
encompass all waters of the Verdigris River from Mile Marker (MM) 444.5 
to (MM) 443.5 and would cover the time period necessary to ensure 
safety on the waterway before, during, and after the display. No vessel 
or person would be permitted to enter the safety zone without obtaining 
permission from the COTP or a designated representative. The regulatory 
text we are proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes 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 NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the time, location 
and duration of the safety zone. Vessel traffic would be restricted 
from entering, transiting, or anchoring within a small portion of the 
Verdigris River for approximately 30-45 minutes during the evening, 
when vessel transits are less frequent, on one day on July 4th or the 
first or second weekend before the holiday. Vessels may request 
permission from the COTP to deviate from the restriction and transit 
through the safety zone and notifications to the marine community would 
be made through local notice to mariners (LNM) and broadcast notice to 
mariners (BNM). Therefore, those operating on the waterway would be 
able to plan operations around the proposed safety zone and its 
enforcement times.

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 
proposed 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 
IV.A above this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

[[Page 39236]]

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made 
a preliminary determination that this action is one of a category of 
actions that do not individually or cumulatively have a significant 
effect on the human environment. This proposed rule involves 
establishing a temporary safety zone for approximately 30-45 minutes 
during the evening on one day on July 4th or the first or second 
weekend before each year on the Verdigris River from (MM) 444.5 to (MM) 
443.5. Normally such actions are categorically excluded from further 
review under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary 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 
proposed 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.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    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).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1

0
2. In Sec.  165.801, amend table 6, as proposed to be amended at 81 FR 
17635 on March 30, 2016, by adding an entry for line 14 to read as 
follows:


Sec.  165.801  Annual fireworks displays and other events in the Eighth 
Coast Guard District requiring safety zones.

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           Table 6 of Sec.   165.801--Sector Lower Mississippi River Annual and Recurring Safety Zones
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                                                                 Sector lower MS river
                 Date                        Sponsor/name               location               Safety zone
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                                                  * * * * * * *
14. July 4th or the first or second    LibertyFest............  Verdigris River,         Regulated Area:
 weekend before.                                                 Catoosa, OK.             Verdigris River mile
                                                                                          marker 444.5 to 443.5,
                                                                                          Catoosa, OK.
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    Dated: June 9, 2016.
J.L. Adams,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port, 
Memphis, Tennessee.
[FR Doc. 2016-14034 Filed 6-15-16; 8:45 am]
BILLING CODE 9110-04-P