81 FR 42524 - Safety Zone; Ohio River mile 307.8-308.8 Huntington, WV

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		42524-42526
FR Document		2016-15570

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River from mile 307.8 to mile 308.8, Huntington, WV. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during a fireworks display on or over the navigable waterway. During the period of enforcement, entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or other 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 42524-42526]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15570]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0279]
RIN 1625-AA00


Safety Zone; Ohio River mile 307.8-308.8 Huntington, WV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River from mile 307.8 to mile 308.8, Huntington, 
WV. This temporary safety zone is necessary to protect persons and 
property from potential damage and safety hazards during a fireworks 
display on or over the navigable waterway. During the period of 
enforcement, entry into this safety zone is prohibited unless 
specifically authorized by the Captain of the Port (COTP) Ohio Valley 
or other designated representative.

DATES: This rule is effective from 9:30 to 11:00 p.m. on July 1, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0279 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 Petty Officer Third Class Robert Miller; telephone (304) 
733-0198, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
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 finds good cause 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 firework displays on or over the 
navigable waterway pose safety concerns for waterway users. On March 7, 
2016, the Coast Guard published a notice of proposed rulemaking (NPRM) 
entitled, ``Sector Ohio Valley Annual and Recurring Safety Zones 
Update'' (81 FR 11706). In the NPRM, the Coast Guard proposed to amend 
and update its list of recurring safety zone regulations that take 
place in the Coast Guard Sector Ohio Valley area of responsibility 
(AOR). The public comment period ended on June 6, 2016. The Coast Guard 
did not receive comments on the NPRM. The Coast Guard issued a final 
rule on June 14, 2016, finalizing the events proposed in the NPRM, and 
the rule became effective on June 14, 2016 (see 81 FR 38595).
    Before the comment period closed, the Coast Guard received new 
information regarding the Kindred Communications/Dawg Dazzle event, 
listed in Table 1 of 33 CFR 165.801, Line 56. For 2016, the event 
sponsor requested that the event be held on July 1 instead of the July 
4, which was the date proposed in the NPRM. Due to the date of the 
event, it is impracticable to publish an NPRM for this date change 
because we must establish this safety zone by July 1, 2016. If the 
event sponsor decides to continue to hold the event annually on July 1, 
the Coast Guard will publish an NPRM in the Federal Register to 
permanently change the event date.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making the rule effective less 
than 30 days after publication in the Federal Register. Delaying the 
effective date of the rule is contrary to the public interest as it 
would delay the effectiveness of the temporary safety zone needed to 
respond to potential related safety hazards until after the planned 
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
fireworks displays taking place on or over this section of navigable 
waterway will be a safety concern for anyone within the area designated 
as the safety zone. This rule is needed to protect personnel, vessels, 
and the marine environment in the navigable waters within the safety 
zone during the fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9:30 until 11:00 
p.m. on July 1, 2016 for all waters of the Ohio River from mile 307.8 
to mile 308.8, for the Dawg Dazzle Fireworks Display in Huntington, WV. 
This safety zone is intended to protect personnel, vessels, and the 
marine environment in these navigable waters during the fireworks 
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

[[Page 42525]]

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 temporary final rule establishes a safety zone that will be 
enforced for a limited time period. During the enforcement period, 
vessels are prohibited from entering into or remaining within the 
safety zone unless specifically authorized by the COTP or a designated 
representative. Based on the location, limited safety zone size, and 
short duration of the enforcement period, this rule does not pose a 
significant regulatory impact. Additionally, notice of the safety zone 
or any changes in the planned schedule will be made via Broadcast 
Notices to Mariners and Local Notices to Mariners. Deviation from this 
rule may be requested from the COTP or a designated representative and 
will be considered on a case-by-case basis.

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 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 the 
actions are 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 limit 
access to a specific area on the Ohio River. This safety zone 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

    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.

[[Page 42526]]


0
2. Add Sec.  165.T08-0279 to read as follows:


Sec.  165.T08-0279  Safety Zone; Ohio River, Mile 307.8 to Mile 308.8, 
Huntington, WV.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River from mile 307.8 to mile 308.8.
    (b) Enforcement period. This safety zone will be enforced from 9:30 
p.m. until 11:00 p.m. on July 1, 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 
a designated representative.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public through Broadcast Notices to Mariners, Local 
Notices to Mariners, and/or Safety Marine Information Broadcasts as 
appropriate of the enforcement period for each safety zone as well as 
any changes in the planned and published dates and times of 
enforcement.

R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-15570 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 42525

Executive Orders, and we discuss First would affect your small business, particular, the Act addresses actions
Amendment rights of protestors. organization, or governmental that may result in the expenditure by a
jurisdiction and you have questions State, local, or tribal government, in the
A. Regulatory Planning and Review
concerning its provisions or options for aggregate, or by the private sector of
Executive Orders 12866 and 13563 compliance, please contact the person $100,000,000 (adjusted for inflation) or
direct agencies to assess the costs and listed in the FOR FURTHER INFORMATION more in any one year. Though this rule
benefits of available regulatory CONTACT section. will not result in such expenditure, we
alternatives and, if regulation is Small businesses may send comments do discuss the effects of this rule
necessary, to select regulatory on the actions of Federal employees elsewhere in this preamble.
approaches that maximize net benefits. who enforce, or otherwise determine
Executive Order 13563 emphasizes the compliance with, Federal regulations to F. Environment
importance of quantifying both costs the Small Business and Agriculture We have analyzed this rule under
and benefits, of reducing costs, of Regulatory Enforcement Ombudsman Department of Homeland Security
harmonizing rules, and of promoting and the Regional Small Business Management Directive 023–01 and
flexibility. This rule has not been Regulatory Fairness Boards. The Commandant Instruction M16475.lD,
designated a ‘‘significant regulatory Ombudsman evaluates these actions which guide the Coast Guard in
action,’’ under Executive Order 12866. annually and rates each agency’s complying with the National
Accordingly, it has not been reviewed responsiveness to small business. If you Environmental Policy Act of 1969 (42
by the Office of Management and wish to comment on actions by U.S.C. 4321–4370f), and have
Budget. employees of the Coast Guard, call 1– determined that the actions are one of
This temporary final rule establishes 888–REG–FAIR (1–888–734–3247). The a category of actions that do not
a safety zone that will be enforced for Coast Guard will not retaliate against individually or cumulatively have a
a limited time period. During the small entities that question or complain significant effect on the human
enforcement period, vessels are about this rule or any policy or action environment. This rule involves a safety
prohibited from entering into or of the Coast Guard. zone lasting less than two hours that
remaining within the safety zone unless
C. Collection of Information will limit access to a specific area on the
specifically authorized by the COTP or
Ohio River. This safety zone is
a designated representative. Based on This rule will not call for a new categorically excluded from further
the location, limited safety zone size, collection of information under the review under paragraph 34(g) of Figure
and short duration of the enforcement Paperwork Reduction Act of 1995 (44 2–1 of the Commandant Instruction. An
period, this rule does not pose a U.S.C. 3501–3520). environmental analysis checklist
significant regulatory impact.
D. Federalism and Indian Tribal supporting this determination and a
Additionally, notice of the safety zone
Governments Categorical Exclusion Determination are
or any changes in the planned schedule
available in the docket where indicated
will be made via Broadcast Notices to A rule has implications for federalism
under ADDRESSES. We seek any
Mariners and Local Notices to Mariners. under Executive Order 13132,
comments or information that may lead
Deviation from this rule may be Federalism, if it has a substantial direct
to the discovery of a significant
requested from the COTP or a effect on the States, on the relationship
environmental impact from this rule.
designated representative and will be between the national government and
considered on a case-by-case basis. the States, or on the distribution of G. Protest Activities
power and responsibilities among the
B. Impact on Small Entities various levels of government. We have The Coast Guard respects the First
The Regulatory Flexibility Act of analyzed this rule under that Order and Amendment rights of protesters.
1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent Protesters are asked to contact the
requires Federal agencies to consider with the fundamental federalism person listed in the FOR FURTHER
the potential impact of regulations on INFORMATION CONTACT section to
principles and preemption requirements
small entities during rulemaking. The described in Executive Order 13132. coordinate protest activities so that your
term ‘‘small entities’’ comprises small Also, this rule does not have tribal message can be received without
businesses, not-for-profit organizations implications under Executive Order jeopardizing the safety or security of
that are independently owned and 13175, Consultation and Coordination people, places or vessels.
operated and are not dominant in their with Indian Tribal Governments, List of Subjects in 33 CFR Part 165
fields, and governmental jurisdictions because it does not have a substantial
with populations of less than 50,000. direct effect on one or more Indian Harbors, Marine safety, Navigation
The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the (water), Reporting and recordkeeping
605(b) that this rule will not have a Federal Government and Indian tribes, requirements, Security measures,
significant economic impact on a or on the distribution of power and Waterways.
substantial number of small entities. responsibilities between the Federal For the reasons discussed in the
While some owners or operators of Government and Indian tribes. If you preamble, the Coast Guard amends 33
vessels intending to transit the safety believe this rule has implications for CFR part 165 as follows:
zone may be small entities, for the federalism or Indian tribes, please
reasons stated in section V.A. above, contact the person listed in the FOR PART 165—REGULATED NAVIGATION
this rule will not have a significant FURTHER INFORMATION CONTACT section AREAS AND LIMITED ACCESS AREAS
srobinson on DSK5SPTVN1PROD with RULES

economic impact on any vessel owner above.
or operator. ■ 1. The authority citation for part 165
Under section 213(a) of the Small E. Unfunded Mandates Reform Act continues to read as follows:
Business Regulatory Enforcement The Unfunded Mandates Reform Act Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
we want to assist small entities in Federal agencies to assess the effects of Department of Homeland Security Delegation
understanding this rule. If the rule their discretionary regulatory actions. In No. 0170.1.

VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1

Document Created: 2018-02-08 07:44:46
Document Modified: 2018-02-08 07:44:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Temporary final rule.
Dates		This rule is effective from 9:30 to 11:00 p.m. on July 1, 2016.
Contact		If you have questions on this rule, call or email Petty Officer Third Class Robert Miller; telephone (304) 733-0198, email [email protected]
FR Citation		81 FR 42524
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 42524 - Safety Zone; Ohio River mile 307.8-308.8 Huntington, WV

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard