81_FR_42647 81 FR 42521 - Safety Zone; Fireworks Display; Ohio River Mile 408 to 409, Maysville, KY

81 FR 42521 - Safety Zone; Fireworks Display; Ohio River Mile 408 to 409, Maysville, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42521-42523
FR Document2016-15504

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River, surface to bottom, extending 500 feet from the Kentucky shoreline, from mile 408 to 409. This action is necessary to provide for the safety of life on these navigable waters near Maysville, KY, during the City of Maysville Fireworks Display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Ohio Valley (COTP) or a designated representative.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016)
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42521-42523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15504]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0596]
RIN 1625-AA00


Safety Zone; Fireworks Display; Ohio River Mile 408 to 409, 
Maysville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for

[[Page 42522]]

all waters of the Ohio River, surface to bottom, extending 500 feet 
from the Kentucky shoreline, from mile 408 to 409. This action is 
necessary to provide for the safety of life on these navigable waters 
near Maysville, KY, during the City of Maysville Fireworks Display. 
Entry of vessels or persons into this zone is prohibited unless 
specifically authorized by the Captain of the Port, Ohio Valley (COTP) 
or a designated representative.

DATES: This rule is effective from 10:00 p.m. to 11:00 p.m. on July 4, 
2016

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0596 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 
rulemaking, call or email Petty Officer Caloeb Gandy, Sector Ohio 
Valley, U.S. Coast Guard; telephone 502-779-5334, 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 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 event sponsor submitted the event 
application on May 11, 2016. This late submission did not give the 
Coast Guard enough time to complete the full NPRM process. This action 
is necessary to ensure the safety of the life and property during the 
fireworks display on or over this navigable waterway. It is 
impracticable to publish an NPRM because we must establish this safety 
zone by July 4, 2016.
    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. Delaying this rule 
would be contrary to the public interest of ensuring the safety of 
spectators and vessels during the event and immediate action is 
necessary to prevent possible loss of life and property.

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 Ohio Valley (COTP) has determined that 
potential hazards associated with the fireworks display on July 4, 2016 
will be a safety concern for all waters of the Ohio River, surface to 
bottom, extending 500 feet from the Kentucky shoreline, from mile 408 
to 409. The purpose of this rule is to ensure safety of life on the 
navigable waters in the temporary safety zone before, during, and after 
the City of Maysville Fireworks Display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone on July 4, 2016. The 
temporary safety zone will cover all waters of the Ohio River, surface 
to bottom, extending 500 feet from the Kentucky shoreline, from mile 
408 to 409. Transit into and through this area is prohibited from 10:00 
p.m. to 11:00 p.m. on July 4, 2016. The duration of the temporary 
safety zone is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled fireworks 
displays. No vessel or person will be permitted to enter the temporary 
safety zone without obtaining permission from the COTP or a designated 
representative. Deviation requests will be considered and reviewed on a 
case-by-case basis. The COTP Ohio Valley may be contacted by telephone 
at 1-800-253-7475 or can be reached by VHF-FM channel 16. Public 
notifications will be made to the local maritime community prior to the 
event through the Local Notice to Mariners, and Broadcast notice to 
Mariners.

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, duration, and time-of-year of the temporary safety zone. The 
temporary safety zone will only be in effect for 60 minutes and covers 
an area of the waterway stretching less than one mile and extending 500 
feet from the shoreline. The Coast Guard expects minimum adverse impact 
to mariners from the temporary safety zone activation as the event has 
been advertised to the public. Also, mariners may request authorization 
from the COTP Ohio Valley or a designated representative to transit the 
temporary safety 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

[[Page 42523]]

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 $165,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a temporary safety zone lasting less than two hours that 
will prohibit entry on all waters of the Ohio River, surface to bottom, 
extending 500 feet from the Kentucky shoreline, from mile 408 to 409. 
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.

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.T08-0596 to read as follows:


Sec.  165.T08-0596  Safety Zone; Ohio River Between Mile 408 and 409, 
Maysville, KY.

    (a) Location. The following area is a temporary safety zone for all 
waters, surface to bottom, of the Ohio River between mile 408 and mile 
409, Maysville, KY, extending 500 feet from the Kentucky shoreline.
    (b) Enforcement period. This temporary safety zone will be enforced 
from 10:00 p.m. to 11:00 p.m. on July 4, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless specifically 
authorized by the Captain of the Port Ohio Valley (COTP) or designated 
personnel. Persons or vessels desiring to enter into or pass through 
the zone must request permission from the COTP or a designated 
representative. They may be contacted on VHF-FM radio channel 16 or 
phone at 1-800-253-7465.
    (2) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted area must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP or 
the designated representative.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-15504 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                               42521

                                              Fairness Act of 1996 (Pub. L. 104–121),                 E. Unfunded Mandates Reform Act                          Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                              we want to assist small entities in                                                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                        The Unfunded Mandates Reform Act                     Department of Homeland Security Delegation
                                              understanding this rule. If the rule                    of 1995 (2 U.S.C. 1531–1538) requires                  No. 0170.1.
                                              would affect your small business,                       Federal agencies to assess the effects of
                                              organization, or governmental                           their discretionary regulatory actions. In             ■ 2. Add § 165.T08–0614 to read as
                                              jurisdiction and you have questions                     particular, the Act addresses actions                  follows:
                                              concerning its provisions or options for                that may result in the expenditure by a
                                              compliance, please contact the person                                                                          § 165.T08–0614 Safety Zone; Ohio River
                                                                                                      State, local, or tribal government, in the             Between Mile 469.6 and 470.2, Newport, KY.
                                              listed in the FOR FURTHER INFORMATION                   aggregate, or by the private sector of
                                              CONTACT section.                                        $165,000,000 (adjusted for inflation) or                  (a) Location. The following area is a
                                                                                                      more in any one year. Though this rule                 temporary safety zone for all waters,
                                                 Small businesses may send comments                                                                          surface to bottom, of the Ohio River
                                              on the actions of Federal employees                     will not result in such expenditure, we
                                                                                                      do discuss the effects of this rule                    between mile 469.6 and mile 470.2,
                                              who enforce, or otherwise determine                                                                            Newport, KY.
                                              compliance with, Federal regulations to                 elsewhere in this preamble.
                                                                                                                                                                (b) Enforcement period. This
                                              the Small Business and Agriculture                      F. Environment                                         temporary safety zone will be enforced
                                              Regulatory Enforcement Ombudsman                          We have analyzed this rule under                     from 10:00 p.m. to 11:00 p.m. on July 3,
                                              and the Regional Small Business                         Department of Homeland Security                        2016. Actual notice will be used for
                                              Regulatory Fairness Boards. The                         Management Directive 023–01 and                        enforcement purposes.
                                              Ombudsman evaluates these actions                       Commandant Instruction M16475.lD,                         (c) Regulations. (1) In accordance with
                                              annually and rates each agency’s                        which guide the Coast Guard in                         the general regulations in § 165.23, entry
                                              responsiveness to small business. If you                complying with the National                            into this zone is prohibited unless
                                              wish to comment on actions by                           Environmental Policy Act of 1969 (42                   specifically authorized by the Captain of
                                              employees of the Coast Guard, call 1–                   U.S.C. 4321–4370f), and have                           the Port Ohio Valley (COTP) or
                                              888–REG–FAIR (1–888–734–3247). The                      determined that this action is one of a                designated personnel. Persons or vessels
                                              Coast Guard will not retaliate against                  category of actions that do not                        desiring to enter into or pass through
                                              small entities that question or complain                individually or cumulatively have a                    the zone must request permission from
                                              about this rule or any policy or action                 significant effect on the human                        the COTP or a designated
                                              of the Coast Guard.                                     environment. This rule involves a                      representative. They may be contacted
                                                                                                      temporary safety zone lasting less than                on VHF–FM radio channel 16 or phone
                                              C. Collection of Information                                                                                   at 1–800–253–7465.
                                                                                                      two hours that will prohibit entry on all
                                                This rule will not call for a new                     waters of the Ohio River, surface to                      (2) Persons and vessels permitted to
                                              collection of information under the                     bottom, extending 500 feet from the                    deviate from this safety zone regulation
                                              Paperwork Reduction Act of 1995 (44                     Kentucky shoreline, from mile 469.6 to                 and enter the restricted area must transit
                                              U.S.C. 3501–3520).                                      470.2. It is categorically excluded from               at the slowest safe speed and comply
                                                                                                      further review under paragraph 34(g) of                with all lawful directions issued by the
                                              D. Federalism and Indian Tribal                         Figure 2–1 of the Commandant                           COTP or a designated representative.
                                              Governments                                             Instruction. An environmental analysis                    (d) Informational broadcasts. The
                                                                                                      checklist supporting this determination                COTP Ohio Valley or a designated
                                                 A rule has implications for federalism                                                                      representative will inform the public
                                                                                                      and a Categorical Exclusion
                                              under Executive Order 13132,                            Determination are available in the                     through broadcast notices to mariners of
                                              Federalism, if it has a substantial direct              docket where indicated under                           the enforcement period for the
                                              effect on the States, on the relationship               ADDRESSES.                                             temporary safety zone as well as any
                                              between the national government and                                                                            changes in the planned schedule.
                                              the States, or on the distribution of                   G. Protest Activities
                                                                                                                                                             R.V. Timme,
                                              power and responsibilities among the                      The Coast Guard respects the First
                                              various levels of government. We have                                                                          Captain, U.S. Coast Guard, Captain of the
                                                                                                      Amendment rights of protesters.                        Port Ohio Valley.
                                              analyzed this rule under that Order and                 Protesters are asked to contact the
                                                                                                                                                             [FR Doc. 2016–15507 Filed 6–29–16; 8:45 am]
                                              have determined that it is consistent                   person listed in the FOR FURTHER
                                              with the fundamental federalism                                                                                BILLING CODE 9110–04–P
                                                                                                      INFORMATION CONTACT section to
                                              principles and preemption requirements                  coordinate protest activities so that your
                                              described in Executive Order 13132.                     message can be received without
                                                                                                                                                             DEPARTMENT OF HOMELAND
                                                 Also, this rule does not have tribal                 jeopardizing the safety or security of
                                                                                                                                                             SECURITY
                                              implications under Executive Order                      people, places or vessels.
                                              13175, Consultation and Coordination                    List of Subjects in 33 CFR Part 165                    Coast Guard
                                              with Indian Tribal Governments,
                                                                                                        Harbors, Marine safety, Navigation
                                              because it does not have a substantial                                                                         33 CFR Part 165
                                                                                                      (water), Reporting and recordkeeping
                                              direct effect on one or more Indian
                                                                                                      requirements, Security measures,                       [Docket Number USCG–2016–0596]
                                              tribes, on the relationship between the
                                                                                                      Waterways.                                             RIN 1625–AA00
                                              Federal Government and Indian tribes,
                                              or on the distribution of power and                       For the reasons discussed in the
                                                                                                      preamble, the Coast Guard amends 33                    Safety Zone; Fireworks Display; Ohio
srobinson on DSK5SPTVN1PROD with RULES




                                              responsibilities between the Federal
                                              Government and Indian tribes. If you                    CFR part 165 as follows:                               River Mile 408 to 409, Maysville, KY
                                              believe this rule has implications for                  PART 165—REGULATED NAVIGATION                          AGENCY:    Coast Guard, DHS.
                                              federalism or Indian tribes, please                     AREAS AND LIMITED ACCESS AREAS                         ACTION:   Temporary final rule.
                                              contact the person listed in the FOR
                                              FURTHER INFORMATION CONTACT section                     ■ 1. The authority citation for part 165               SUMMARY:   The Coast Guard is
                                              above.                                                  continues to read as follows:                          establishing a temporary safety zone for


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                                              42522              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              all waters of the Ohio River, surface to                that good cause exists for making it                   approaches that maximize net benefits.
                                              bottom, extending 500 feet from the                     effective less than 30 days after                      Executive Order 13563 emphasizes the
                                              Kentucky shoreline, from mile 408 to                    publication in the Federal Register.                   importance of quantifying both costs
                                              409. This action is necessary to provide                Delaying this rule would be contrary to                and benefits, of reducing costs, of
                                              for the safety of life on these navigable               the public interest of ensuring the safety             harmonizing rules, and of promoting
                                              waters near Maysville, KY, during the                   of spectators and vessels during the                   flexibility. This rule has not been
                                              City of Maysville Fireworks Display.                    event and immediate action is necessary                designated a ‘‘significant regulatory
                                              Entry of vessels or persons into this                   to prevent possible loss of life and                   action,’’ under Executive Order 12866.
                                              zone is prohibited unless specifically                  property.                                              Accordingly, it has not been reviewed
                                              authorized by the Captain of the Port,                                                                         by the Office of Management and
                                              Ohio Valley (COTP) or a designated                      III. Legal Authority and Need for Rule                 Budget.
                                              representative.                                            The Coast Guard is issuing this rule                   This regulatory action determination
                                              DATES: This rule is effective from 10:00
                                                                                                      under authority in 33 U.S.C. 1231. The                 is based on the size, location, duration,
                                              p.m. to 11:00 p.m. on July 4, 2016                      Captain of the Port Ohio Valley (COTP)                 and time-of-year of the temporary safety
                                                                                                      has determined that potential hazards                  zone. The temporary safety zone will
                                              ADDRESSES: To view documents
                                                                                                      associated with the fireworks display on               only be in effect for 60 minutes and
                                              mentioned in this preamble as being
                                                                                                      July 4, 2016 will be a safety concern for              covers an area of the waterway
                                              available in the docket, go to http://
                                                                                                      all waters of the Ohio River, surface to               stretching less than one mile and
                                              www.regulations.gov, type USCG–2016–
                                                                                                      bottom, extending 500 feet from the                    extending 500 feet from the shoreline.
                                              0596 in the ‘‘SEARCH’’ box and click
                                                                                                      Kentucky shoreline, from mile 408 to                   The Coast Guard expects minimum
                                              ‘‘SEARCH.’’ Click on Open Docket
                                                                                                      409. The purpose of this rule is to                    adverse impact to mariners from the
                                              Folder on the line associated with this
                                                                                                      ensure safety of life on the navigable                 temporary safety zone activation as the
                                              rule.
                                                                                                      waters in the temporary safety zone                    event has been advertised to the public.
                                              FOR FURTHER INFORMATION CONTACT: If                                                                            Also, mariners may request
                                                                                                      before, during, and after the City of
                                              you have questions about this                           Maysville Fireworks Display.                           authorization from the COTP Ohio
                                              rulemaking, call or email Petty Officer                                                                        Valley or a designated representative to
                                              Caloeb Gandy, Sector Ohio Valley, U.S.                  IV. Discussion of the Rule                             transit the temporary safety zone.
                                              Coast Guard; telephone 502–779–5334,                       This rule establishes a temporary
                                              email Caloeb.l.gandy@uscg.mil.                                                                                 B. Impact on Small Entities
                                                                                                      safety zone on July 4, 2016. The
                                              SUPPLEMENTARY INFORMATION:                              temporary safety zone will cover all                      The Regulatory Flexibility Act of
                                                                                                      waters of the Ohio River, surface to                   1980, 5 U.S.C. 601–612, as amended,
                                              I. Table of Abbreviations
                                                                                                      bottom, extending 500 feet from the                    requires Federal agencies to consider
                                              CFR Code of Federal Regulations                         Kentucky shoreline, from mile 408 to                   the potential impact of regulations on
                                              DHS Department of Homeland Security                                                                            small entities during rulemaking. The
                                                                                                      409. Transit into and through this area
                                              FR Federal Register                                                                                            term ‘‘small entities’’ comprises small
                                              NPRM Notice of proposed rulemaking                      is prohibited from 10:00 p.m. to 11:00
                                              § Section                                               p.m. on July 4, 2016. The duration of the              businesses, not-for-profit organizations
                                              U.S.C. United States Code                               temporary safety zone is intended to                   that are independently owned and
                                                                                                      ensure the safety of vessels and these                 operated and are not dominant in their
                                              II. Background Information and                          navigable waters before, during, and                   fields, and governmental jurisdictions
                                              Regulatory History                                      after the scheduled fireworks displays.                with populations of less than 50,000.
                                                 The Coast Guard is issuing this                      No vessel or person will be permitted to               The Coast Guard certifies under 5 U.S.C.
                                              temporary rule without prior notice and                 enter the temporary safety zone without                605(b) that this rule will not have a
                                              opportunity to comment pursuant to                      obtaining permission from the COTP or                  significant economic impact on a
                                              authority under section 4(a) of the                     a designated representative. Deviation                 substantial number of small entities.
                                              Administrative Procedure Act (APA) (5                   requests will be considered and                           While some owners or operators of
                                              U.S.C. 553(b)). This provision                          reviewed on a case-by-case basis. The                  vessels intending to transit the safety
                                              authorizes an agency to issue a rule                    COTP Ohio Valley may be contacted by                   zone may be small entities, for the
                                              without prior notice and opportunity to                 telephone at 1–800–253–7475 or can be                  reasons stated in section V.A above, this
                                              comment when the agency for good                        reached by VHF–FM channel 16. Public                   rule will not have a significant
                                              cause finds that those procedures are                   notifications will be made to the local                economic impact on any vessel owner
                                              ‘‘impracticable, unnecessary, or contrary               maritime community prior to the event                  or operator.
                                              to the public interest.’’ Under 5 U.S.C.                through the Local Notice to Mariners,                     Under section 213(a) of the Small
                                              553(b)(B), the Coast Guard finds that                   and Broadcast notice to Mariners.                      Business Regulatory Enforcement
                                              good cause exists for not publishing a                                                                         Fairness Act of 1996 (Pub. L. 104–121),
                                              notice of proposed rulemaking (NPRM)                    V. Regulatory Analyses                                 we want to assist small entities in
                                              with respect to this rule because the                     We developed this rule after                         understanding this rule. If the rule
                                              event sponsor submitted the event                       considering numerous statutes and                      would affect your small business,
                                              application on May 11, 2016. This late                  Executive Orders related to rulemaking.                organization, or governmental
                                              submission did not give the Coast Guard                 Below we summarize our analyses                        jurisdiction and you have questions
                                              enough time to complete the full NPRM                   based on a number of these statutes and                concerning its provisions or options for
                                              process. This action is necessary to                    Executive Orders, and we discuss First                 compliance, please contact the person
                                              ensure the safety of the life and property              Amendment rights of protestors.                        listed in the FOR FURTHER INFORMATION
srobinson on DSK5SPTVN1PROD with RULES




                                              during the fireworks display on or over                                                                        CONTACT section.
                                              this navigable waterway. It is                          A. Regulatory Planning and Review                         Small businesses may send comments
                                              impracticable to publish an NPRM                           Executive Orders 12866 and 13563                    on the actions of Federal employees
                                              because we must establish this safety                   direct agencies to assess the costs and                who enforce, or otherwise determine
                                              zone by July 4, 2016.                                   benefits of available regulatory                       compliance with, Federal regulations to
                                                 We are issuing this rule, and under 5                alternatives and, if regulation is                     the Small Business and Agriculture
                                              U.S.C. 553(d)(3), the Coast Guard finds                 necessary, to select regulatory                        Regulatory Enforcement Ombudsman


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                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                               42523

                                              and the Regional Small Business                         Management Directive 023–01 and                        from 10:00 p.m. to 11:00 p.m. on July 4,
                                              Regulatory Fairness Boards. The                         Commandant Instruction M16475.lD,                      2016.
                                              Ombudsman evaluates these actions                       which guide the Coast Guard in                            (c) Regulations. (1) In accordance with
                                              annually and rates each agency’s                        complying with the National                            the general regulations in § 165.23, entry
                                              responsiveness to small business. If you                Environmental Policy Act of 1969 (42                   into this zone is prohibited unless
                                              wish to comment on actions by                           U.S.C. 4321–4370f), and have                           specifically authorized by the Captain of
                                              employees of the Coast Guard, call 1–                   determined that this action is one of a                the Port Ohio Valley (COTP) or
                                              888–REG–FAIR (1–888–734–3247). The                      category of actions that do not                        designated personnel. Persons or vessels
                                              Coast Guard will not retaliate against                  individually or cumulatively have a                    desiring to enter into or pass through
                                              small entities that question or complain                significant effect on the human                        the zone must request permission from
                                              about this rule or any policy or action                 environment. This rule involves a                      the COTP or a designated
                                              of the Coast Guard.                                     temporary safety zone lasting less than                representative. They may be contacted
                                                                                                      two hours that will prohibit entry on all              on VHF–FM radio channel 16 or phone
                                              C. Collection of Information                                                                                   at 1–800–253–7465.
                                                                                                      waters of the Ohio River, surface to
                                                This rule will not call for a new                     bottom, extending 500 feet from the                       (2) Persons and vessels permitted to
                                              collection of information under the                     Kentucky shoreline, from mile 408 to                   deviate from this safety zone regulation
                                              Paperwork Reduction Act of 1995 (44                     409. It is categorically excluded from                 and enter the restricted area must transit
                                              U.S.C. 3501–3520).                                      further review under paragraph 34(g) of                at the slowest safe speed and comply
                                                                                                      Figure 2–1 of the Commandant                           with all lawful directions issued by the
                                              D. Federalism and Indian Tribal
                                                                                                      Instruction. An environmental analysis                 COTP or the designated representative.
                                              Governments                                                                                                       (d) Informational broadcasts. The
                                                                                                      checklist supporting this determination
                                                 A rule has implications for federalism               and a Categorical Exclusion                            COTP Ohio Valley or a designated
                                              under Executive Order 13132,                            Determination are available in the                     representative will inform the public
                                              Federalism, if it has a substantial direct              docket where indicated under                           through broadcast notices to mariners of
                                              effect on the States, on the relationship               ADDRESSES.                                             the enforcement period for the
                                              between the national government and                                                                            temporary safety zone as well as any
                                              the States, or on the distribution of                   G. Protest Activities                                  changes in the planned schedule.
                                              power and responsibilities among the                      The Coast Guard respects the First
                                              various levels of government. We have                                                                          R.V. Timme,
                                                                                                      Amendment rights of protesters.                        Captain, U.S. Coast Guard, Captain of the
                                              analyzed this rule under that Order and                 Protesters are asked to contact the
                                              have determined that it is consistent                                                                          Port Ohio Valley.
                                                                                                      person listed in the FOR FURTHER                       [FR Doc. 2016–15504 Filed 6–29–16; 8:45 am]
                                              with the fundamental federalism                         INFORMATION CONTACT section to
                                              principles and preemption requirements                  coordinate protest activities so that your
                                                                                                                                                             BILLING CODE 9110–04–P

                                              described in Executive Order 13132.                     message can be received without
                                                 Also, this rule does not have tribal                 jeopardizing the safety or security of
                                              implications under Executive Order                                                                             DEPARTMENT OF HOMELAND
                                                                                                      people, places or vessels.                             SECURITY
                                              13175, Consultation and Coordination
                                              with Indian Tribal Governments,                         List of Subjects in 33 CFR Part 165
                                                                                                                                                             Coast Guard
                                              because it does not have a substantial                    Harbors, Marine safety, Navigation
                                              direct effect on one or more Indian                     (water), Reporting and recordkeeping                   33 CFR Part 165
                                              tribes, on the relationship between the                 requirements, Security measures,
                                              Federal Government and Indian tribes,                   Waterways.
                                                                                                                                                             [Docket No. USCG–2016–0479]
                                              or on the distribution of power and
                                              responsibilities between the Federal                      For the reasons discussed in the                     Safety Zones; Superior Man Triathlon,
                                              Government and Indian tribes. If you                    preamble, the Coast Guard amends 33                    Duluth, MN
                                              believe this rule has implications for                  CFR part 165 as follows:
                                                                                                                                                             AGENCY:  Coast Guard, DHS.
                                              federalism or Indian tribes, please                                                                            ACTION: Notice of enforcement of
                                                                                                      PART 165—REGULATED NAVIGATION
                                              contact the person listed in the FOR                                                                           regulation.
                                                                                                      AREAS AND LIMITED ACCESS AREAS
                                              FURTHER INFORMATION CONTACT section
                                              above.                                                  ■ 1. The authority citation for part 165               SUMMARY:   The Coast Guard will enforce
                                                                                                      continues to read as follows:                          the Safety Zone for the Superior Man
                                              E. Unfunded Mandates Reform Act
                                                                                                                                                             Triathlon in Duluth, MN August 28,
                                                The Unfunded Mandates Reform Act                        Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            2016. This action is necessary to protect
                                              of 1995 (2 U.S.C. 1531–1538) requires                   33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                      Department of Homeland Security Delegation
                                                                                                                                                             the participants during the event.
                                              Federal agencies to assess the effects of                                                                      During the enforcement period, entry
                                                                                                      No. 0170.1.
                                              their discretionary regulatory actions. In                                                                     into, transiting, or anchoring within the
                                              particular, the Act addresses actions                   ■ 2. Add § 165.T08–0596 to read as                     safety zone is prohibited unless
                                              that may result in the expenditure by a                 follows:                                               authorized by the Captain of the Port
                                              State, local, or tribal government, in the                                                                     Duluth or his designated on-scene
                                                                                                      § 165.T08–0596 Safety Zone; Ohio River
                                              aggregate, or by the private sector of                                                                         representative.
                                                                                                      Between Mile 408 and 409, Maysville, KY.
                                              $165,000,000 (adjusted for inflation) or
                                                                                                        (a) Location. The following area is a                DATES: The regulations in 33 CFR
                                              more in any one year. Though this rule
srobinson on DSK5SPTVN1PROD with RULES




                                                                                                      temporary safety zone for all waters,                  165.943(b) will be enforced from 5:30
                                              will not result in such expenditure, we
                                                                                                      surface to bottom, of the Ohio River                   a.m. through 9:30 a.m. on August 28,
                                              do discuss the effects of this rule
                                                                                                      between mile 408 and mile 409,                         2016.
                                              elsewhere in this preamble.
                                                                                                      Maysville, KY, extending 500 feet from                 FOR FURTHER INFORMATION CONTACT: If
                                              F. Environment                                          the Kentucky shoreline.                                you have questions about this notice of
                                                We have analyzed this rule under                        (b) Enforcement period. This                         enforcement, call or email Lieutenant
                                              Department of Homeland Security                         temporary safety zone will be enforced                 Junior Grade John Mack, Waterways


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Document Created: 2018-02-08 07:45:10
Document Modified: 2018-02-08 07:45:10
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 from 10:00 p.m. to 11:00 p.m. on July 4, 2016
ContactIf you have questions about this rulemaking, call or email Petty Officer Caloeb Gandy, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5334, email [email protected]
FR Citation81 FR 42521 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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