81_FR_38713 81 FR 38599 - Safety Zone; Ohio River Mile 43.2 to Mile 43.6, East Liverpool, OH

81 FR 38599 - Safety Zone; Ohio River Mile 43.2 to Mile 43.6, East Liverpool, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 114 (June 14, 2016)

Page Range38599-38601
FR Document2016-14027

The Coast Guard is establishing a temporary safety zone for navigable waters of the Ohio River from mile 43.2 to mile 43.6. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created from a barge-based fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Pittsburgh.

Federal Register, Volume 81 Issue 114 (Tuesday, June 14, 2016)
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38599-38601]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14027]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0389]
RIN 1625-AA00


Safety Zone; Ohio River Mile 43.2 to Mile 43.6, East Liverpool, 
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Ohio River from mile 43.2 to mile 43.6. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created from a barge-based fireworks 
display. Entry of vessels or persons into this zone is prohibited 
unless specifically authorized by the Captain of the Port Pittsburgh.

DATES: This rule is effective on July 2, 2016, from 9 p.m. until 10:30 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0389 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 on this rule, 
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, 
U.S. Coast Guard, at telephone 412-221-0807, email 
[email protected].

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

    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

[[Page 38600]]

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 notice on April 26, 2016 that 
this fireworks display would take place. After receiving and fully 
reviewing the event information, circumstances, and exact location, the 
Coast Guard determined that a safety zone is necessary to protect 
personnel, vessels, and the marine environment from potential hazards 
created from a barge-based fireworks display on the navigable waterway. 
It would be impracticable to complete the full NPRM process for this 
safety zone because it needs to be established by July 2, 2016. The 
fireworks display has been advertised and the local community has 
prepared for the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For these same reasons, the Coast 
Guard finds good cause for implementing this rule less than thirty days 
before the effective date of the rule.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Pittsburgh (COTP) has determined that a 
safety zone is needed on July 2, 2016. This rule is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created from a barge-based fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 2, 2016 from 10:00 p.m. 
until 11:30 p.m. The safety zone will cover all navigable waters on the 
Ohio River from mile 43.2 to mile 43.6. The duration of the safety zone 
is intended to protect personnel, vessels, and the marine environment 
from potential hazards created from a barge-based firework display. No 
vessel or person will be permitted to enter the safety zone without 
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

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

A. Regulatory Planning and Review

    Executive Orders 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 size, 
location, and duration of the safety zone. This safety zone impacts a 
small portion of the waterway and for a limited duration of less than 
two hours. Vessel traffic will be informed about the safety zone 
through local notices to mariners. Moreover, the Coast Guard will issue 
Broadcast Notices to Mariners via VHF-FM marine channel 16 about the 
zone and the rule allows vessels to seek permission to transit 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 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.
    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 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 expenditure, we

[[Page 38601]]

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 a safety zone lasting less than two hours that will 
prohibit entry on the Ohio River between mile 43.2 and mile 43.6, 
during the barge-based firework event. 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.T08-0389 to read as follows:


Sec.  165.T08-0389  Safety Zone, Ohio River, East Liverpool, OH.

    (a) Location. The following area is a safety zone: Ohio River mile 
43.2 to mile 43.6.
    (b) Enforcement. This rule will be enforced, from 10:00 p.m. until 
11:30 p.m. on July 2, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
authorized by the Captain of the Port Pittsburgh or a designated 
representative.
    (2) Persons or vessels requiring entry into or passage through the 
zone must request permission from the Captain of the Port Pittsburgh or 
a designated representative. The Captain of the Pittsburgh 
representative may be contacted at 412-221-0807.
    (3) All persons and vessels shall comply with the instructions of 
the Captain of the Port Pittsburgh or their designated representative. 
Designated Captain of the Port representatives include United States 
Coast Guard commissioned, warrant, and petty officers.
    (d) Information broadcasts. The Captain of the Port Pittsburgh or a 
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: May 27, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Acting Captain of the Port Pittsburgh.
[FR Doc. 2016-14027 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                    Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations                                                          38599

                                                                   Date                                         Sponsor/name                                 Location                             Safety zone

                                              48. 1 day—Week of July 4th ...............          Three Rivers Regatta Fireworks/EQT                 Pittsburgh, PA ...........      Ohio River, Mile 0.0–0.5, Allegheny
                                                                                                    4th of July Celebration.                                                           River,     Mile     0.0–0.5,    and
                                                                                                                                                                                       Monongahela River, Mile 0.0–0.5
                                                                                                                                                                                       (Pennsylvania).
                                              49. 1 day—3rd or 4th of July ...............        City of Paducah, KY ............................   Paducah, KY .............       Ohio River, Mile 934.0–936.0; Ten-
                                                                                                                                                                                       nessee River, mile 0.0–1.0 (Ken-
                                                                                                                                                                                       tucky).
                                              50. 1 day—3rd or 4th of July ...............        City of Hickman, KY ............................   Hickman, KY ..............      Lower Mississippi River, Mile 921.0–
                                                                                                                                                                                       923.0 (Kentucky).
                                              51. 1 day—During the first week of                  Evansville Freedom Celebration .........           Evansville, IN ............     Ohio River, Miles 791.0–795.0 (Indi-
                                                July.                                                                                                                                  ana).
                                              52. 3 days—One of the first two week-               Madison Regatta, Inc./Madison Re-                  Madison, IN ...............     Ohio River, Miles 555.0–560.0 (Indi-
                                                ends in July.                                       gatta.                                                                             ana).
                                              53. 1 day—July 4th ..............................   Cities of Cincinnati, OH and Newport,              Newport, KY ..............      Ohio River, Miles 469.6–470.2 (Ken-
                                                                                                    KY/July 4th Fireworks.                                                             tucky and Ohio).
                                              54. 2 days—second weekend in July ..                Marietta     Riverfront  Roar/Marietta             Marietta, OH ..............     Ohio River, Mile 171.6–172.6 (Ohio).
                                                                                                    Riverfront Roar.
                                              55. 1 day—1st weekend in July ..........            Gallia County Chamber of Commerce/                 Gallipolis, OH ............     Ohio River, Mile 269.5–270.5 (Ohio).
                                                                                                    Gallipolis River Recreation Festival.
                                              56. 1 day—July 4th ..............................   Kindred Communications/Dawg Daz-                   Huntington, WV .........        Ohio River, Mile 307.8–308.8 (West
                                                                                                    zle.                                                                              Virginia).
                                              57. 1 day—Last weekend in August ...                Swiss Wine Festival/Swiss Wine Fes-                Ghent, KY ..................    Ohio River, Mile 537 (Kentucky).
                                                                                                    tival Fireworks Show.
                                              58. 1 day—Saturday of Labor Day                     University of Pittsburgh Athletic De-              Pittsburgh, PA ...........      Allegheny River, Mile 0.0–0.25 (Penn-
                                                weekend.                                            partment/University of Pittsburgh                                                   sylvania).
                                                                                                    Fireworks.
                                              59. Sunday, Monday, or Thursday                     Pittsburgh Steelers Fireworks .............        Pittsburgh, PA ...........      Ohio River, Mile 0.3–Allegheny River,
                                                from September through January.                                                                                                       Mile 0.2 (Pennsylvania).
                                              60. 3 days—Third weekend in Sep-                    Wheeling Heritage Port Sternwheel                  Wheeling, WV ...........        Ohio River, Mile 90.2–90.7 (West Vir-
                                                tember.                                             Festival Foundation/Wheeling Herit-                                               ginia).
                                                                                                    age Port Sternwheel Festival.
                                              61. 1 day—Second Saturday in Sep-                   Ohio River Sternwheel Festival Com-                Marietta, OH ..............     Ohio River, Mile 171.5–172.5 (Ohio).
                                                tember.                                             mittee fireworks.
                                              62. 1 day—Second weekend of Octo-                   Leukemia and Lymphoma Society/                     Nashville, TN .............     Cumberland River, Mile 190.0–192.0
                                                ber.                                                Light the Night Walk Fireworks.                                                     (Tennessee).
                                              63. 1 day—First Saturday in October ..              West Virginia Motor Car Festival ........          Charleston, WV .........        Kanawha River, Mile 58–59 (West Vir-
                                                                                                                                                                                        ginia).
                                              64. 1 day—Friday before Thanksgiving                Kittanning Light Up Night Firework                 Kittanning, PA ...........      Allegheny River, Mile 44.5–45.5
                                                                                                    Display.                                                                            (Pennsylvania).
                                              65. 1 day—First week in October ........            Leukemia & Lymphoma Society/Light                  Pittsburgh, PA ...........      Ohio River, Mile 0.0–0.4 (Pennsyl-
                                                                                                    the Night.                                                                          vania).
                                              66. 1 day—Friday before Thanksgiving                Duquesne Light/Santa Spectacular .....             Pittsburgh, PA ...........      Monongahela River, Mile 0.00–0.22,
                                                                                                                                                                                        Allegheny River, Mile 0.00–0.25,
                                                                                                                                                                                        and Ohio River, Mile 0.0–0.3 (Penn-
                                                                                                                                                                                        sylvania).



                                              *      *       *       *        *                             ACTION:    Temporary final rule.                             FOR FURTHER INFORMATION CONTACT:     If
                                                Dated: June 9, 2016.                                                                                                     you have questions on this rule, call or
                                                                                                            SUMMARY:   The Coast Guard is                                email MST1 Jennifer Haggins, Marine
                                              R.V. Timme,
                                                                                                            establishing a temporary safety zone for                     Safety Unit Pittsburgh, U.S. Coast
                                              Captain, U.S. Coast Guard, Captain of the                     navigable waters of the Ohio River from
                                              Port Ohio Valley.
                                                                                                                                                                         Guard, at telephone 412–221–0807,
                                                                                                            mile 43.2 to mile 43.6. The safety zone                      email Jennifer.L.Haggins@uscg.mil.
                                              [FR Doc. 2016–14030 Filed 6–13–16; 8:45 am]                   is needed to protect personnel, vessels,                     SUPPLEMENTARY INFORMATION:
                                              BILLING CODE 9110–04–P                                        and the marine environment from
                                                                                                            potential hazards created from a barge-                      I. Table of Abbreviations
                                                                                                            based fireworks display. Entry of vessels
                                              DEPARTMENT OF HOMELAND                                        or persons into this zone is prohibited                      CFR Code of Federal Regulations
                                              SECURITY                                                      unless specifically authorized by the                        DHS Department of Homeland Security
                                                                                                                                                                         FR Federal Register
                                              Coast Guard                                                   Captain of the Port Pittsburgh.                              NPRM Notice of proposed rulemaking
                                                                                                            DATES: This rule is effective on July 2,                     § Section
                                              33 CFR Part 165                                               2016, from 9 p.m. until 10:30 p.m.                           U.S.C. United States Code
                                                                                                            ADDRESSES: To view documents
                                                                                                                                                                         II. Background Information and
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                                              [Docket Number USCG–2016–0389]                                mentioned in this preamble as being
                                                                                                            available in the docket, go to http://                       Regulatory History
                                              RIN 1625–AA00                                                 www.regulations.gov, type USCG–2016–                           The Coast Guard is issuing this
                                              Safety Zone; Ohio River Mile 43.2 to                          0389 in the ‘‘SEARCH’’ box and click                         temporary rule without prior notice and
                                              Mile 43.6, East Liverpool, OH                                 ‘‘SEARCH.’’ Click on Open Docket                             opportunity to comment pursuant to
                                                                                                            Folder on the line associated with this                      authority under section 4(a) of the
                                              AGENCY:     Coast Guard, DHS.                                 rule.                                                        Administrative Procedure Act (APA) (5


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                                              38600              Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations

                                              U.S.C. 553(b)). This provision                          Executive orders, and we discuss First                   Small businesses may send comments
                                              authorizes an agency to issue a rule                    Amendment rights of protestors.                        on the actions of Federal employees
                                              without prior notice and opportunity to                                                                        who enforce, or otherwise determine
                                                                                                      A. Regulatory Planning and Review
                                              comment when the agency for good                                                                               compliance with, Federal regulations to
                                              cause finds that those procedures are                      Executive Orders 12866 and 13563                    the Small Business and Agriculture
                                              ‘‘impracticable, unnecessary, or contrary               direct agencies to assess the costs and                Regulatory Enforcement Ombudsman
                                              to the public interest.’’ Under 5 U.S.C.                benefits of available regulatory                       and the Regional Small Business
                                              553(b)(B), the Coast Guard finds that                   alternatives and, if regulation is                     Regulatory Fairness Boards. The
                                              good cause exists for not publishing a                  necessary, to select regulatory                        Ombudsman evaluates these actions
                                              notice of proposed rulemaking (NPRM)                    approaches that maximize net benefits.                 annually and rates each agency’s
                                              with respect to this rule because the                   Executive Order 13563 emphasizes the                   responsiveness to small business. If you
                                              Coast Guard received notice on April                    importance of quantifying both costs                   wish to comment on actions by
                                              26, 2016 that this fireworks display                    and benefits, of reducing costs, of                    employees of the Coast Guard, call 1–
                                              would take place. After receiving and                   harmonizing rules, and of promoting                    888–REG–FAIR (1–888–734–3247). The
                                              fully reviewing the event information,                  flexibility. This rule has not been                    Coast Guard will not retaliate against
                                              circumstances, and exact location, the                  designated a ‘‘significant regulatory                  small entities that question or complain
                                              Coast Guard determined that a safety                    action,’’ under Executive Order 12866.                 about this rule or any policy or action
                                              zone is necessary to protect personnel,                 Accordingly, it has not been reviewed                  of the Coast Guard.
                                              vessels, and the marine environment                     by the Office of Management and
                                                                                                      Budget.                                                C. Collection of Information
                                              from potential hazards created from a
                                              barge-based fireworks display on the                       This regulatory action determination                  This rule will not call for a new
                                              navigable waterway. It would be                         is based on the size, location, and                    collection of information under the
                                              impracticable to complete the full                      duration of the safety zone. This safety               Paperwork Reduction Act of 1995 (44
                                              NPRM process for this safety zone                       zone impacts a small portion of the                    U.S.C. 3501–3520).
                                              because it needs to be established by                   waterway and for a limited duration of
                                                                                                      less than two hours. Vessel traffic will               D. Federalism and Indian Tribal
                                              July 2, 2016. The fireworks display has                                                                        Governments
                                              been advertised and the local                           be informed about the safety zone
                                              community has prepared for the event.                   through local notices to mariners.                        A rule has implications for federalism
                                                 Under 5 U.S.C. 553(d)(3), the Coast                  Moreover, the Coast Guard will issue                   under Executive Order 13132,
                                              Guard finds that good cause exists for                  Broadcast Notices to Mariners via VHF–                 Federalism, if it has a substantial direct
                                              making this rule effective less than 30                 FM marine channel 16 about the zone                    effect on the States, on the relationship
                                              days after publication in the Federal                   and the rule allows vessels to seek                    between the national government and
                                              Register. For these same reasons, the                   permission to transit the zone.                        the States, or on the distribution of
                                              Coast Guard finds good cause for                                                                               power and responsibilities among the
                                                                                                      B. Impact on Small Entities                            various levels of government. We have
                                              implementing this rule less than thirty
                                              days before the effective date of the rule.                The Regulatory Flexibility Act of                   analyzed this rule under that Order and
                                                                                                      1980, 5 U.S.C. 601–612, as amended,                    have determined that it is consistent
                                              III. Legal Authority and Need for Rule                  requires Federal agencies to consider                  with the fundamental federalism
                                                 The Coast Guard is issuing this rule                 the potential impact of regulations on                 principles and preemption requirements
                                              under authority in 33 U.S.C. 1231. The                  small entities during rulemaking. The                  described in Executive Order 13132.
                                              Captain of the Port Pittsburgh (COTP)                   term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                              has determined that a safety zone is                    businesses, not-for-profit organizations               implications under Executive Order
                                              needed on July 2, 2016. This rule is                    that are independently owned and                       13175, Consultation and Coordination
                                              needed to protect personnel, vessels,                   operated and are not dominant in their                 with Indian Tribal Governments,
                                              and the marine environment from                         fields, and governmental jurisdictions                 because it does not have a substantial
                                              potential hazards created from a barge-                 with populations of less than 50,000.                  direct effect on one or more Indian
                                              based fireworks display.                                The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                                                                                      605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                              IV. Discussion of the Rule                              significant economic impact on a                       or on the distribution of power and
                                                This rule establishes a safety zone on                substantial number of small entities.                  responsibilities between the Federal
                                              July 2, 2016 from 10:00 p.m. until 11:30                   While some owners or operators of                   Government and Indian tribes. If you
                                              p.m. The safety zone will cover all                     vessels intending to transit the safety                believe this rule has implications for
                                              navigable waters on the Ohio River from                 zone may be small entities, for the                    federalism or Indian tribes, please
                                              mile 43.2 to mile 43.6. The duration of                 reasons stated in section V.A above, this              contact the person listed in the FOR
                                              the safety zone is intended to protect                  rule will not have a significant                       FURTHER INFORMATION CONTACT section
                                              personnel, vessels, and the marine                      economic impact on any vessel owner                    above.
                                              environment from potential hazards                      or operator.
                                                                                                         Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                              created from a barge-based firework
                                              display. No vessel or person will be                    Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                              permitted to enter the safety zone                      Fairness Act of 1996 (Pub. L. 104–121),                of 1995 (2 U.S.C. 1531–1538) requires
                                              without obtaining permission from the                   we want to assist small entities in                    Federal agencies to assess the effects of
                                              COTP or a designated representative.                    understanding this rule. If the rule                   their discretionary regulatory actions. In
sradovich on DSK3TPTVN1PROD with RULES




                                                                                                      would affect your small business,                      particular, the Act addresses actions
                                              V. Regulatory Analyses                                  organization, or governmental                          that may result in the expenditure by a
                                                We developed this rule after                          jurisdiction and you have questions                    State, local, or tribal government, in the
                                              considering numerous statutes and                       concerning its provisions or options for               aggregate, or by the private sector of
                                              Executive orders related to rulemaking.                 compliance, please contact the person                  $100,000,000 (adjusted for inflation) or
                                              Below we summarize our analyses                         listed in the FOR FURTHER INFORMATION                  more in any one year. Though this rule
                                              based on a number of these statutes and                 CONTACT section.                                       will not result in such expenditure, we


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                                                                 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations                                           38601

                                              do discuss the effects of this rule                     § 165.T08–0389 Safety Zone, Ohio River,                the existing tolerance for egg that was
                                              elsewhere in this preamble.                             East Liverpool, OH.                                    inadvertently omitted in a previous
                                                                                                        (a) Location. The following area is a                action.
                                              F. Environment                                          safety zone: Ohio River mile 43.2 to                   DATES:  This regulation is effective June
                                                We have analyzed this rule under                      mile 43.6.                                             14, 2016. Objections and requests for
                                              Department of Homeland Security                           (b) Enforcement. This rule will be                   hearings must be received on or before
                                              Management Directive 023–01 and                         enforced, from 10:00 p.m. until 11:30                  August 15, 2016, and must be filed in
                                                                                                      p.m. on July 2, 2016.                                  accordance with the instructions
                                              Commandant Instruction M16475.lD,
                                                                                                        (c) Regulations. (1) In accordance with              provided in 40 CFR part 178 (see also
                                              which guide the Coast Guard in
                                                                                                      the general regulations in § 165.23 of                 Unit I.C. of the SUPPLEMENTARY
                                              complying with the National                             this part, entry into this zone is
                                              Environmental Policy Act of 1969, (42                                                                          INFORMATION).
                                                                                                      prohibited unless authorized by the
                                              U.S.C. 4321–4370f), and have                            Captain of the Port Pittsburgh or a                    ADDRESSES:    The docket for this action,
                                              determined that this action is one of a                 designated representative.                             identified by docket identification (ID)
                                              category of actions that do not                           (2) Persons or vessels requiring entry               number EPA–HQ–OPP–2013–0235, is
                                              individually or cumulatively have a                     into or passage through the zone must                  available at http://www.regulations.gov
                                              significant effect on the human                         request permission from the Captain of                 or at the Office of Pesticide Programs
                                              environment. This rule involves a safety                the Port Pittsburgh or a designated                    Regulatory Public Docket (OPP Docket)
                                              zone lasting less than two hours that                   representative. The Captain of the                     in the Environmental Protection Agency
                                              will prohibit entry on the Ohio River                   Pittsburgh representative may be                       Docket Center (EPA/DC), West William
                                              between mile 43.2 and mile 43.6, during                 contacted at 412–221–0807.                             Jefferson Clinton Bldg., Rm. 3334, 1301
                                              the barge-based firework event. It is                     (3) All persons and vessels shall                    Constitution Ave. NW., Washington, DC
                                              categorically excluded from further                     comply with the instructions of the                    20460–0001. The Public Reading Room
                                              review under paragraph 34 (g) of Figure                 Captain of the Port Pittsburgh or their                is open from 8:30 a.m. to 4:30 p.m.,
                                              2–1 of the Commandant Instruction. An                   designated representative. Designated                  Monday through Friday, excluding legal
                                              environmental analysis checklist                        Captain of the Port representatives                    holidays. The telephone number for the
                                                                                                      include United States Coast Guard                      Public Reading Room is (202) 566–1744,
                                              supporting this determination and a
                                                                                                      commissioned, warrant, and petty                       and the telephone number for the OPP
                                              Categorical Exclusion Determination are
                                                                                                      officers.                                              Docket is (703) 305–5805. Please review
                                              available in the docket where indicated
                                                                                                        (d) Information broadcasts. The                      the visitor instructions and additional
                                              under ADDRESSES. We seek any
                                                                                                      Captain of the Port Pittsburgh or a                    information about the docket available
                                              comments or information that may lead                                                                          at http://www.epa.gov/dockets.
                                              to the discovery of a significant                       designated representative will inform
                                                                                                      the public through broadcast notices to                FOR FURTHER INFORMATION CONTACT:
                                              environmental impact from this rule.
                                                                                                      mariners of the enforcement period for                 Susan Lewis, Registration Division
                                              G. Protest Activities                                   the safety zone as well as any changes                 (7505P), Office of Pesticide Programs,
                                                                                                      in the planned schedule.                               Environmental Protection Agency, 1200
                                                The Coast Guard respects the First                                                                           Pennsylvania Ave. NW., Washington,
                                                                                                        Dated: May 27, 2016.
                                              Amendment rights of protesters.                                                                                DC 20460–0001; main telephone
                                              Protesters are asked to contact the                     L. McClain, Jr.,
                                                                                                                                                             number: (703) 305–7090; email address:
                                              person listed in the FOR FURTHER                        Commander, U.S. Coast Guard, Acting
                                                                                                      Captain of the Port Pittsburgh.
                                                                                                                                                             RDFRNotices@epa.gov.
                                              INFORMATION CONTACT section to                                                                                 SUPPLEMENTARY INFORMATION:
                                                                                                      [FR Doc. 2016–14027 Filed 6–13–16; 8:45 am]
                                              coordinate protest activities so that your
                                              message can be received without                         BILLING CODE 9110–04–P                                 I. General Information
                                              jeopardizing the safety or security of                                                                         A. Does this action apply to me?
                                              people, places or vessels.
                                                                                                      ENVIRONMENTAL PROTECTION                                  You may be potentially affected by
                                              List of Subjects in 33 CFR Part 165                     AGENCY                                                 this action if you are an agricultural
                                                                                                                                                             producer, food manufacturer, or
                                                Marine safety, Navigation (water),                    40 CFR Part 180                                        pesticide manufacturer. The following
                                              Reporting and recordkeeping                                                                                    list of North American Industrial
                                              requirements, Security measures,                        [EPA–HQ–OPP–2013–0235; FRL–9946–75]
                                                                                                                                                             Classification System (NAICS) codes is
                                              Waterways.                                              Chlorantraniliprole; Pesticide                         not intended to be exhaustive, but rather
                                                For the reasons discussed in the                      Tolerances                                             provides a guide to help readers
                                              preamble, the Coast Guard amends 33                                                                            determine whether this document
                                                                                                      AGENCY:  Environmental Protection                      applies to them. Potentially affected
                                              CFR part 165 as follows:                                Agency (EPA).                                          entities may include:
                                              PART 165—REGULATED NAVIGATION                           ACTION: Final rule.                                       • Crop production (NAICS code 111).
                                              AREAS AND LIMITED ACCESS AREAS                                                                                    • Animal production (NAICS code
                                                                                                      SUMMARY:  This regulation establishes                  112).
                                                                                                      tolerances for residues of                                • Food manufacturing (NAICS code
                                              ■ 1. The authority citation for part 165                chlorantraniliprole in or on multiple                  311).
                                              continues to read as follows:                           commodities which are identified and                      • Pesticide manufacturing (NAICS
sradovich on DSK3TPTVN1PROD with RULES




                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;             discussed later in this document.                      code 32532).
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;               Interregional Research Project Number 4
                                              Department of Homeland Security Delegation              (IR–4) requested the tolerances                        B. How can I get electronic access to
                                              No. 0170.1.                                             associated with pesticide petition                     other related information?
                                                                                                      number (PP) 5E8371, under the Federal                    You may access a frequently updated
                                              ■ 2. Add § 165.T08–0389 to read as                      Food, Drug, and Cosmetic Act (FFDCA).                  electronic version of EPA’s tolerance
                                              follows:                                                Additionally, the Agency is amending                   regulations at 40 CFR part 180 through


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Document Created: 2016-06-14 02:58:26
Document Modified: 2016-06-14 02:58:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective on July 2, 2016, from 9 p.m. until 10:30 p.m.
ContactIf you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard, at telephone 412-221-0807, email [email protected]
FR Citation81 FR 38599 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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