81 FR 36800 - Safety Zone; Cincinnati Reds Season Fireworks

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 110 (June 8, 2016)

Page Range		36800-36801
FR Document		2016-13584

The Coast Guard will enforce a safety zone for the Cincinnati Reds Season Fireworks on the Ohio River, from mile marker 470.1 and ending at 470.4, extending 500 feet from the State of Ohio shoreline. This rule is effective during specific home games during the Major League Baseball season. Should the Cincinnati Reds make the playoffs and have additional home games; the Coast Guard will provide notification of enforcement periods via Broadcast Notices to Mariners, Local Notices to Mariners, and/or Marine Safety Information Bulletins as appropriate. This action is needed to protect vessels transiting the area and event spectators from the hazards associated with the Cincinnati Reds Barge-based fireworks. During the enforcement period, entry into or transiting in the safety zone is prohibited to all vessels not registered with the sponsor as participants or official patrol vessels.

Federal Register, Volume 81 Issue 110 (Wednesday, June 8, 2016)

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Rules and Regulations]
[Pages 36800-36801]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13584]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2016-0145]


Safety Zone; Cincinnati Reds Season Fireworks

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce a safety zone for the Cincinnati 
Reds Season Fireworks on the Ohio River, from mile marker 470.1 and 
ending at 470.4, extending 500 feet from the State of Ohio shoreline. 
This rule is effective during specific home games during the Major 
League Baseball season. Should the Cincinnati Reds make the playoffs 
and have additional home games; the Coast Guard will provide 
notification of enforcement periods via Broadcast Notices to Mariners, 
Local Notices to Mariners, and/or Marine Safety Information Bulletins 
as appropriate. This action is needed to protect vessels transiting the 
area and event spectators from the hazards associated with the 
Cincinnati Reds Barge-based fireworks. During the enforcement period, 
entry into or transiting in the safety zone is prohibited to all 
vessels not registered with the sponsor as participants or official 
patrol vessels.

DATES:  The regulations in 33 CFR 165.801, Table No. 1, Line no. 2 will 
be enforced from 9:00 p.m. through 11:30 p.m. on April 6, April 8, 
April 22, May 6, May 20, June 3, June 10, June 24, July 15, July 22, 
July 31, August 19, September 2, September 16, and September 30, 2016.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
notice of enforcement, call or email Caloeb Gandy, Sector Ohio Valley, 
U.S. Coast Guard at telephone 502-779-5334, email 
[email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone 
for the Cincinnati Reds Season Fireworks listed in 33 CFR 165.801, 
Table no. 1, Line no. 2. These regulations can be found in the Code of 
Federal Regulations, under 33 CFR 165.801 or in the Federal Register 
(77 FR 12460). As specified in Sec.  165.801, during the enforcement 
period no vessel may transit this safety zone without approval from the 
Captain of the Port Ohio Valley (COTP). If permission is granted, all 
persons and vessels shall comply with the instructions of the COTP or 
designated representative.

[[Page 36801]]

    This notice of enforcement is issued under authority of 33 CFR part 
165 and 5 U.S.C. 552(a). In addition to this notice of enforcement in 
the Federal Register, the Coast Guard will provide the maritime 
community with advanced notification of this enforcement period via 
Local Notice to Mariners (LNM) and Broadcast Notice to Mariners (BNM). 
If the COTP Ohio Valley determines that the regulated area need not be 
enforced for the full duration, a BNM to grant general permission to 
enter the safety zone may be used.

    Dated: March 24, 2016.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-13584 Filed 6-7-16; 8:45 am]
 BILLING CODE 9110-04-P

36800 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations

about this rule or any policy or action figure 2–1, paragraph (32)(e), of the DEPARTMENT OF HOMELAND
of the Coast Guard. Instruction. SECURITY
C. Collection of Information Under figure 2–1, paragraph (32)(e), of
Coast Guard
This rule calls for no new collection the Instruction, an environmental
of information under the Paperwork analysis checklist and a categorical 33 CFR Part 165
Reduction Act of 1995 (44 U.S.C. 3501– exclusion determination are not
required for this rule. [Docket No. USCG–2016–0145]
3520).
D. Federalism and Indian Tribal G. Protest Activities Safety Zone; Cincinnati Reds Season
Government Fireworks
The Coast Guard respects the First
A rule has implications for federalism Amendment rights of protesters. AGENCY: Coast Guard, DHS.
under Executive Order 13132, Protesters are asked to contact the ACTION: Notice of enforcement of
Federalism, if it has a substantial direct person listed in the FOR FURTHER regulation.
effect on the States, on the relationship INFORMATION CONTACT section to
between the national government and SUMMARY: The Coast Guard will enforce
coordinate protest activities so that your a safety zone for the Cincinnati Reds
the States, or on the distribution of message can be received without
power and responsibilities among the Season Fireworks on the Ohio River,
jeopardizing the safety or security of from mile marker 470.1 and ending at
various levels of government. We have people, places or vessels.
analyzed this rule under that Order and 470.4, extending 500 feet from the State
have determined that it is consistent List of Subjects in 33 CFR Part 117 of Ohio shoreline. This rule is effective
with the fundamental federalism during specific home games during the
principles and preemption requirements Bridges. Major League Baseball season. Should
described in E.O. 13132. the Cincinnati Reds make the playoffs
For the reasons discussed in the and have additional home games; the
Also, this rule does not have tribal preamble, the Coast Guard amends 33
implications under Executive Order Coast Guard will provide notification of
CFR part 117 as follows: enforcement periods via Broadcast
13175, Consultation and Coordination
with Indian Tribal Governments, Notices to Mariners, Local Notices to
PART 117—DRAWBRIDGE
because it does not have a substantial Mariners, and/or Marine Safety
OPERATION REGULATIONS Information Bulletins as appropriate.
direct effect on one or more Indian
tribes, on the relationship between the This action is needed to protect vessels
■ 1. The authority citation for part 117 transiting the area and event spectators
Federal Government and Indian tribes, continues to read as follows:
or on the distribution of power and from the hazards associated with the
responsibilities between the Federal Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Cincinnati Reds Barge-based fireworks.
Government and Indian tribes. Department of Homeland Security Delegation During the enforcement period, entry
No. 0170.1. into or transiting in the safety zone is
E. Unfunded Mandates Reform Act prohibited to all vessels not registered
■ 2. Add § 117.293 to read as follows: with the sponsor as participants or
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires § 117.293 Indian Creek. official patrol vessels.
Federal agencies to assess the effects of DATES: The regulations in 33 CFR
their discretionary regulatory actions. In The draw of the 63rd Street Bridge, 165.801, Table No. 1, Line no. 2 will be
particular, the Act addresses actions Indian Creek mile 4.0, at Miami Beach, enforced from 9:00 p.m. through 11:30
that may result in the expenditure by a shall open on signal except as follows: p.m. on April 6, April 8, April 22, May
State, local, or tribal government, in the (a) From 7 a.m. to 7 p.m., Monday 6, May 20, June 3, June 10, June 24, July
aggregate, or by the private sector of through Friday except Federal holidays, 15, July 22, July 31, August 19,
$100,000,000 (adjusted for inflation) or the draw need open only on the hour September 2, September 16, and
more in any one year. Though this rule and half-hour. September 30, 2016.
will not result in such an expenditure, FOR FURTHER INFORMATION CONTACT: If
(b) From 7:10 a.m. to 9:55 a.m. and
we do discuss the effects of this rule you have questions about this notice of
4:05 p.m. to 6:59 p.m., Monday through
elsewhere in this preamble. enforcement, call or email Caloeb
Friday except Federal holidays, the
Gandy, Sector Ohio Valley, U.S. Coast
F. Environment draw need not open for the passage of
Guard at telephone 502–779–5334,
We have analyzed this rule under vessels. email caloeb.l.gandy@uscg.mil.
Department of Homeland Security (c) In February of each year during the SUPPLEMENTARY INFORMATION: The Coast
Management Directive 023–01 and period seven days prior to the City of Guard will enforce the safety zone for
Commandant Instruction M16475.lD, Miami Beach Yacht and Brokerage the Cincinnati Reds Season Fireworks
which guides the Coast Guard in Show and the four days following the listed in 33 CFR 165.801, Table no. 1,
complying with the National show, from 10 a.m. to 4 p.m., the bridge Line no. 2. These regulations can be
Environmental Policy Act of 1969 need not open except for 10 minutes at found in the Code of Federal
(NEPA) (42 U.S.C. 4321–4370f), and the top of the hour. At all other times Regulations, under 33 CFR 165.801 or in
have made a determination that this the bridge shall operate on its normal the Federal Register (77 FR 12460). As
action is one of a category of actions schedule. specified in § 165.801, during the
which do not individually or enforcement period no vessel may
ehiers on DSK5VPTVN1PROD with RULES

Dated: June 2, 2016.
cumulatively have a significant effect on transit this safety zone without approval
the human environment. This rule S.A. Buschman,
from the Captain of the Port Ohio Valley
simply promulgates the operating Rear Admiral, U.S. Coast Guard, Commander, (COTP). If permission is granted, all
regulations or procedures for Seventh Coast Guard District. persons and vessels shall comply with
drawbridges. This action is categorically [FR Doc. 2016–13458 Filed 6–7–16; 8:45 am] the instructions of the COTP or
excluded from further review, under BILLING CODE 9110–04–P designated representative.

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Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Rules and Regulations 36801

This notice of enforcement is issued • Fax: 301–837–0319. Include RIN provided to such individual, except to
under authority of 33 CFR part 165 and 3095–AB91 in the subject line of the fax the extent that the disclosure of such
5 U.S.C. 552(a). In addition to this cover sheet. material would reveal the identity of a
notice of enforcement in the Federal • Mail (for paper, disk, or CD–ROM source who furnished information to the
Register, the Coast Guard will provide submissions. Include RIN 3095–AB91 on Government under an express promise
the maritime community with advanced the submission): Regulations Comment that the identity of the source would be
notification of this enforcement period Desk (External Policy Program, Strategy held in confidence, or, prior to the
via Local Notice to Mariners (LNM) and & Performance Division (SP)); Suite effective date of this section [September
Broadcast Notice to Mariners (BNM). If 4100; National Archives and Records 27, 1975], under an implied promise
the COTP Ohio Valley determines that Administration; 8601 Adelphi Road; that the identity of the source would be
the regulated area need not be enforced College Park, MD 20740–6001. held in confidence.’’ 5 U.S.C. 552a(k)(2).
for the full duration, a BNM to grant • Hand delivery or courier: Deliver NARA currently exempts Office of
general permission to enter the safety comments to front desk at the address Inspector General investigative files
zone may be used. above. under the (k)(2) exemption. See 36 CFR
Instructions: All submissions must 1202.92. For similar reasons, we are
Dated: March 24, 2016.
include NARA’s name and the now adding the insider threat program
R.V. Timme, files to the same regulation section
regulatory information number for this
Captain, U.S. Coast Guard, Captain of the rulemaking (RIN 3095–AB91). We may because the Insider Threat Program
Port Ohio Valley. Records system of records contains
publish any comments we receive
[FR Doc. 2016–13584 Filed 6–7–16; 8:45 am] investigatory material of actual,
without changes, including any
BILLING CODE 9110–04–P personal information you include. potential, or alleged violations,
FOR FURTHER INFORMATION CONTACT: compiled for law enforcement purposes.
Kimberly Keravuori, by email at Under Office of Management and
NATIONAL ARCHIVES AND RECORDS regulation_comments@nara.gov, or by Budget (OMB) Guidelines on the
ADMINISTRATION telephone at 301–837–3151. Privacy Act, to qualify for this
exemption the agency must compile the
36 CFR Part 1202 SUPPLEMENTARY INFORMATION: The
material for some investigative ‘‘law
National Archives and Records enforcement’’ purpose, such as a civil or
[FDMS No. NARA–16–0005; NARA–2016– Administration (NARA) is adding a
021] criminal investigation. Multiple court
system of records to its existing decisions have upheld the exemption
RIN 3095–AB91 inventory of systems subject to the for investigative records covering a
Privacy Act of 1974, as amended (5 range of purposes from discrimination
Privacy Act of 1974; Exemptions U.S.C. 552(a)) (‘‘Privacy Act’’). The new complaints (see, e.g., Menchu v. HHS,
system is NARA 45, Insider Threat 965 F. Supp. 2d 1238, 1248 (D. Or.
AGENCY: National Archives and Records Program records (we are publishing the
Administration (NARA). 2013)), fraud, waste, and abuse
NARA 45 SORN concurrently with this complaints (see, e.g., Gowan v. Air
ACTION: Direct final rule. regulation), and it comprises records Force, 148 F.3d 1182, 1188–89 (10th Cir.
gathered for purposes of investigating 1998)), and taxpayer audits (see, e.g.,
SUMMARY: The National Archives and threats to NARA facilities, personnel, or
Records Administration (NARA) is Welsh v. IRS, No. 85–1024, slip op. at
systems, or national security. The 2–3 (D.N.M. Oct. 21, 1986)), to civil
revising its Privacy Act regulations to system contains investigatory material
add a new insider threat system of trust fund recovery penalty
of actual, potential, or alleged criminal, investigations (see, e.g., Berger v. IRS,
records to the records exempt from civil, or administrative violations and
release under the law enforcement 487 F. Supp. 2d 482, 497–98 (D.N.J.
law enforcement actions. 2007), aff’d 288 F. App’x 829 (3d Cir.
exemption of the Privacy Act. This The Privacy Act generally grants
action is necessary to protect 2008), cert. denied, 129 S. Ct. 2789
individuals the right to access agency (2009)) and deportation investigations
investigatory information from release records maintained about themselves,
that could compromise or damage the (see, e.g., Shewchun v. INS, No. 95–
and the right to request that the agency 1920, slip op. at 3, 8–9 (D.D.C. Dec. 10,
investigation, result in evidence amend those records if they are not
tampering or destruction, undue 1996), summary affirmance granted, No.
accurate, relevant, timely, or complete. 97–5044 (D.C. Cir. June 5, 1997)). In
influence of witnesses, danger to However, the Privacy Act also exempts,
individuals, and similar harmful effects. addition, courts have also determined
by means of ten specific exemptions, an that this exemption covers
DATES: This rule is effective July 18, agency from granting a person access to investigations into potential threats to
2016, without further action, unless information about themselves that the national security (see, e.g., Strang v.
NARA receives adverse comments agency compiles for certain types of law U.S. Arms Control & Disarmament
warranting action by July 8, 2016. If enforcement or investigatory actions. Agency, 864 F.2d 859, 862–63 n.2 (D.C.
NARA receives an adverse comment Specifically for the purposes of this Cir. 1989) (‘‘this case involves not a job
warranting further action, it will publish rulemaking, the Privacy Act exempts an applicant undergoing a routine check of
a timely withdrawal of the rule in the agency from granting access to his background and his ability to
Federal Register. ‘‘investigatory material compiled for law perform the job, but an existing agency
ADDRESSES: You may submit comments, enforcement purposes, other than employee investigated for violating
identified by RIN 3095–AB91, by any of material within the scope of subsection national security regulations.’’)
the following methods: (j)(2) of this section: Provided, however, Routine background investigation
ehiers on DSK5VPTVN1PROD with RULES

• Federal eRulemaking Portal: http:// that if any individual is denied any files are generally not exempt under the
www.regulations.gov. Follow the right, privilege, or benefit that he would (k)(2) exemption of the Privacy Act, but
instructions for submitting comments. otherwise be entitled by Federal law, or in some limited cases portions of them
• Email: Regulation_comments@ for which he would otherwise be may be exempt under (k)(2) because
nara.gov. Include RIN 3095–AB91 in the eligible, as a result of the maintenance they also include information that
subject line of the message. of such material, such material shall be would be the subject of a law

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Document Created: 2016-06-08 03:10:42
Document Modified: 2016-06-08 03:10:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notice of enforcement of regulation.
Dates		The regulations in 33 CFR 165.801, Table No. 1, Line no. 2 will be enforced from 9:00 p.m. through 11:30 p.m. on April 6, April 8, April 22, May 6, May 20, June 3, June 10, June 24, July 15, July 22, July 31, August 19, September 2, September 16, and September 30, 2016.
Contact		If you have questions about this notice of enforcement, call or email Caloeb Gandy, Sector Ohio Valley, U.S. Coast Guard at telephone 502-779-5334, email [email protected]
FR Citation		81 FR 36800

81 FR 36800 - Safety Zone; Cincinnati Reds Season Fireworks

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 110 (June 8, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard