81_FR_42654 81 FR 42528 - Safety Zone; Ohio River Mile 317-318, Ashland, KY

81 FR 42528 - Safety Zone; Ohio River Mile 317-318, Ashland, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range42528-42530
FR Document2016-15572

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River from mile 317 to mile 318, Ashland, KY. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during a fireworks display on or over a 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 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 42528-42530]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15572]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0616]
RIN 1625-AA00


Safety Zone; Ohio River Mile 317-318, Ashland, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River from mile 317 to mile 318, Ashland, KY. 
This temporary safety zone is necessary to protect persons and property 
from potential damage and safety hazards during a fireworks display on 
or over a 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 a designated 
representative.

DATES: This rule is effective from 9:35 to 10:45 p.m. on July 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0616 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 fireworks displays on or over the 
navigable waterway poses 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 Party in the Park event, listed in Table 1, 
Line 13 of 33 CFR 165.801. For 2016, the event sponsor requested that 
the event be held on July 2 instead of 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 2, 2016. If the event sponsor decides to continue 
to hold the event annually on July 2, 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

[[Page 42529]]

the navigable waters within the safety zone during the fireworks 
display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 9:35 until 10:45 
p.m. on July 2, 2016 for all waters of the Ohio River from mile 317 to 
mile 318, for the Party in the Park Fireworks Display in Ashland, KY. 
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 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

[[Page 42530]]

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.T08-0616 to read as follows:


Sec.  165.T08-0616  Safety Zone; Ohio River, Mile 317 to Mile 318, 
Ashland, KY.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River from mile 317 to mile 318.
    (b) Enforcement period. This safety zone will be enforced from 9:35 
until 10:45 p.m. on July 2, 2016. Actual notice will be used for 
enforcement purposes.
    (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. 2016-15572 Filed 6-29-16; 8:45 am]
BILLING CODE 9110-04-P



                                              42528              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              connecting the following points:                        DEPARTMENT OF HOMELAND                                 ‘‘impracticable, unnecessary, or contrary
                                              Beginning at Point 1 in position                        SECURITY                                               to the public interest.’’ Under 5 U.S.C.
                                              25°48′38″ N, 80°10′40″ W; thence east to                                                                       553(b)(B), the Coast Guard finds that
                                              Point 2 in position 25°48′38″ N,                        Coast Guard                                            good cause exists for not publishing a
                                              80°10′30″ W; thence southwest to Point                                                                         notice of proposed rulemaking (NPRM)
                                              3 in position 25°46′41″ N, 80°10′54″ W;                 33 CFR Part 165                                        with respect to this rule because
                                              thence southeast to Point 4 in position                 [Docket Number USCG–2016–0616]                         fireworks displays on or over the
                                              25°46′17″ N, 80°10′43″ W; thence                                                                               navigable waterway poses safety
                                                                                                      RIN 1625–AA00                                          concerns for waterway users. On March
                                              southwest to Point 5 in position
                                              25°45′05″ N, 80°10′50″ W; thence                                                                               7, 2016, the Coast Guard published a
                                                                                                      Safety Zone; Ohio River Mile 317–318,                  notice of proposed rulemaking (NPRM)
                                              southeast to Point 6 in position                        Ashland, KY
                                              25°44′47″ N, 80°10′44″ W; thence                                                                               entitled, ‘‘Sector Ohio Valley Annual
                                              southeast to Point 7 in position                        AGENCY:    Coast Guard, DHS.                           and Recurring Safety Zones Update’’ (81
                                              25°43′29″ N, 80°09′37″ W; thence                        ACTION:   Temporary final rule.                        FR 11706). In the NPRM, the Coast
                                              southwest to Point 8 in position                                                                               Guard proposed to amend and update
                                                                                                      SUMMARY:   The Coast Guard is                          its list of recurring safety zone
                                              25°42′39″ N, 80°10′35″ W; thence
                                                                                                      establishing a temporary safety zone for               regulations that take place in the Coast
                                              southwest to Point 9 in position
                                                                                                      all waters of the Ohio River from mile                 Guard Sector Ohio Valley area of
                                              25°31′11″ N, 80°13′06″ W; thence
                                                                                                      317 to mile 318, Ashland, KY. This                     responsibility (AOR). The public
                                              northwest to Point 10 in position
                                                                                                      temporary safety zone is necessary to                  comment period ended on June 6, 2016.
                                              25°31′31″ N, 80°17′48″ W; thence                        protect persons and property from                      The Coast Guard did not receive
                                              northeast to Point 11 in position                       potential damage and safety hazards                    comments on the NPRM. The Coast
                                              25°43′25″ N, 80°13′17″ W; thence                        during a fireworks display on or over a                Guard issued a final rule on June 14,
                                              northeast to Point 12 in position                       navigable waterway. During the period                  2016, finalizing the events proposed in
                                              25°43′59″ N, 80°12′04″ W; thence                        of enforcement entry into this safety                  the NPRM, and the rule became
                                              northeast to Point 13 in position                       zone is prohibited unless specifically                 effective on June 14, 2016 (see 81 FR
                                              25°44′46″ N, 80°11′23″ W; thence                        authorized by the Captain of the Port                  38595).
                                              northeast to Point 14 in position                       (COTP) Ohio Valley or a designated                        Before the comment period closed,
                                              25°46′10″ N, 80°10′59″ W; thence                        representative.                                        the Coast Guard received new
                                              northwest to Point 15 in position                                                                              information regarding the Party in the
                                              25°46′20″ N, 80°11′04″ W; thence                        DATES:  This rule is effective from 9:35 to
                                                                                                      10:45 p.m. on July 2, 2016.                            Park event, listed in Table 1, Line 13 of
                                              northeast to Point 16 in position                                                                              33 CFR 165.801. For 2016, the event
                                              25°46′44″ N, 80°10′59″ W; thence                        ADDRESSES: To view documents
                                                                                                      mentioned in this preamble as being                    sponsor requested that the event be held
                                              northwest to Point 17 in position                                                                              on July 2 instead of July 4, which was
                                              25°47′15″ N, 80°11′06″ W; thence                        available in the docket, go to http://
                                                                                                      www.regulations.gov, type USCG–2016–                   the date proposed in the NPRM. Due to
                                              northeast to Point 18 in position                                                                              the date of the event, it is impracticable
                                              25°47′24″ N, 80°11′00″ W; thence north                  0616 in the ‘‘SEARCH’’ box and click
                                                                                                      ‘‘SEARCH.’’ Click on Open Docket                       to publish an NPRM for this date change
                                              to Point 19 in position 25°47′36″ N,                                                                           because we must establish this safety
                                              80°11′00″ W; thence back to origin. All                 Folder on the line associated with this
                                                                                                      rule.                                                  zone by July 2, 2016. If the event
                                              coordinates are North American Datum                                                                           sponsor decides to continue to hold the
                                              1983.                                                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                             event annually on July 2, the Coast
                                                                                                      you have questions on this rule, call or               Guard will publish an NPRM in the
                                                 (b) Definition. The term ‘‘designated                email Petty Officer Third Class Robert
                                              representative’’ means Coast Guard                                                                             Federal Register to permanently change
                                                                                                      Miller; telephone (304) 733–0198, email                the event date.
                                              Patrol Commanders, including Coast                      STL-PF-MSUHUNTINGTON-MEC@
                                              Guard coxswains, petty officers, and                                                                              We are issuing this rule, and under 5
                                                                                                      uscg.mil.
                                              other officers operating Coast Guard                                                                           U.S.C. 553(d)(3), the Coast Guard finds
                                              vessels, and Federal, state, and local                  SUPPLEMENTARY INFORMATION:                             that good cause exists for making the
                                              officers designated by or assisting the                 I. Table of Abbreviations                              rule effective less than 30 days after
                                              Captain of the Port Miami in the                                                                               publication in the Federal Register.
                                                                                                      CFR Code of Federal Regulations                        Delaying the effective date of the rule is
                                              enforcement of the regulated area.                      COTP Captain of the Port                               contrary to the public interest as it
                                                 (c) Regulations. All vessels within the              DHS Department of Homeland Security
                                                                                                                                                             would delay the effectiveness of the
                                              regulated area are required to transit at               FR Federal Register
                                                                                                      NPRM Notice of proposed rulemaking                     temporary safety zone needed to
                                              no more than 15 knots; are subject to                                                                          respond to potential related safety
                                              control by the Coast Guard officers and                 § Section
                                                                                                      U.S.C. United States Code                              hazards until after the planned
                                              petty officers; and must follow the                                                                            fireworks display.
                                              instructions of designated                              II. Background Information and
                                              representatives.                                        Regulatory History                                     III. Legal Authority and Need for Rule
                                                 (d) Enforcement period. This section                   The Coast Guard is issuing this                        The Coast Guard is issuing this rule
                                              will be in enforced with actual notice                  temporary rule without prior notice and                under authority in 33 U.S.C. 1231. The
                                              from 7 p.m. to 11:59 on July 4, 2016.                   opportunity to comment pursuant to                     COTP has determined that potential
srobinson on DSK5SPTVN1PROD with RULES




                                                Dated: June 24, 2016.
                                                                                                      authority under section 4(a) of the                    hazards associated with fireworks
                                                                                                      Administrative Procedure Act (APA) (5                  displays taking place on or over this
                                              A.J. Gould,                                             U.S.C. 553(b)). This provision                         section of navigable waterway will be a
                                              Captain, U.S. Coast Guard, Acting                       authorizes an agency to issue a rule                   safety concern for anyone within the
                                              Commander, Seventh Coast Guard District.                without prior notice and opportunity to                area designated as the safety zone. This
                                              [FR Doc. 2016–15508 Filed 6–29–16; 8:45 am]             comment when the agency finds good                     rule is needed to protect personnel,
                                              BILLING CODE 9110–04–P                                  cause that those procedures are                        vessels, and the marine environment in


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                                                                 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations                                          42529

                                              the navigable waters within the safety                  the potential impact of regulations on                 principles and preemption requirements
                                              zone during the fireworks display.                      small entities during rulemaking. The                  described in Executive Order 13132.
                                                                                                      term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                              IV. Discussion of the Rule                                                                                     implications under Executive Order
                                                                                                      businesses, not-for-profit organizations
                                                This rule establishes a temporary                     that are independently owned and                       13175, Consultation and Coordination
                                              safety zone from 9:35 until 10:45 p.m.                  operated and are not dominant in their                 with Indian Tribal Governments,
                                              on July 2, 2016 for all waters of the Ohio              fields, and governmental jurisdictions                 because it does not have a substantial
                                              River from mile 317 to mile 318, for the                with populations of less than 50,000.                  direct effect on one or more Indian
                                              Party in the Park Fireworks Display in                  The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                              Ashland, KY. This safety zone is                        605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                              intended to protect personnel, vessels,                 significant economic impact on a                       or on the distribution of power and
                                              and the marine environment in these                     substantial number of small entities.                  responsibilities between the Federal
                                              navigable waters during the fireworks                      While some owners or operators of                   Government and Indian tribes. If you
                                              display. No vessel or person will be                    vessels intending to transit the safety                believe this rule has implications for
                                              permitted to enter the safety zone                      zone may be small entities, for the                    federalism or Indian tribes, please
                                              without obtaining permission from the                   reasons stated in section V.A. above,                  contact the person listed in the FOR
                                              COTP or a designated representative.                    this rule will not have a significant                  FURTHER INFORMATION CONTACT section
                                                                                                      economic impact on any vessel owner                    above.
                                              V. Regulatory Analyses                                  or operator.
                                                We developed this rule after                             Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                              considering numerous statutes and                       Business Regulatory Enforcement                          The Unfunded Mandates Reform Act
                                              Executive Orders related to rulemaking.                 Fairness Act of 1996 (Pub. L. 104–121),                of 1995 (2 U.S.C. 1531–1538) requires
                                              Below we summarize our analyses                         we want to assist small entities in                    Federal agencies to assess the effects of
                                              based on a number of these statutes and                 understanding this rule. If the rule                   their discretionary regulatory actions. In
                                              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                                                                           F. Environment
                                                                                                      compliance with, Federal regulations to
                                              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                                                                        will limit access to a specific area on the
                                              specifically authorized by the COTP or                  C. Collection of Information                           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.                                                                                 supporting this determination and a
                                                                                                      D. Federalism and Indian Tribal
                                              Additionally, notice of the safety zone                                                                        Categorical Exclusion Determination are
                                                                                                      Governments
                                              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.
srobinson on DSK5SPTVN1PROD with RULES




                                              designated representative and will be                   between the national government and
                                                                                                      the States, or on the distribution of                  G. Protest Activities
                                              considered on a case-by-case basis.
                                                                                                      power and responsibilities among the                     The Coast Guard respects the First
                                              B. Impact on Small Entities                             various levels of government. We have                  Amendment rights of protesters.
                                                The Regulatory Flexibility Act of                     analyzed this rule under that Order and                Protesters are asked to contact the
                                              1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                  person listed in the FOR FURTHER
                                              requires Federal agencies to consider                   with the fundamental federalism                        INFORMATION CONTACT section to



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                                              42530              Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

                                              coordinate protest activities so that your              DEPARTMENT OF HOMELAND                                 ‘‘impracticable, unnecessary, or contrary
                                              message can be received without                         SECURITY                                               to the public interest.’’ Under 5 U.S.C.
                                              jeopardizing the safety or security of                                                                         553(b)(B), the Coast Guard finds that
                                              people, places or vessels.                              Coast Guard                                            good cause exists for not publishing a
                                                                                                                                                             notice of proposed rulemaking (NPRM)
                                              List of Subjects in 33 CFR Part 165                     33 CFR Part 165                                        with respect to this rule because
                                                Harbors, Marine safety, Navigation                                                                           fireworks displays on or over the
                                                                                                      [Docket Number USCG–2016–0502]
                                              (water), Reporting and recordkeeping                                                                           navigable waterway poses safety
                                              requirements, Security measures,                        RIN 1625–AA00                                          concerns for waterway users. On March
                                              Waterways.                                                                                                     7, 2016, the Coast Guard published a
                                                For the reasons discussed in the                      Safety Zone; Ohio River Mile 607.5 to                  notice of proposed rulemaking (NPRM)
                                              preamble, the Coast Guard amends 33                     608.6, Indiana                                         entitled, ‘‘Sector Ohio Valley Annual
                                              CFR part 165 as follows:                                AGENCY:    Coast Guard, DHS.                           and Recurring Safety Zones Update’’ (81
                                                                                                                                                             FR 11706). In the NPRM, the Coast
                                              PART 165—REGULATED NAVIGATION                           ACTION:   Temporary final rule.
                                                                                                                                                             Guard proposed to amend and update
                                              AREAS AND LIMITED ACCESS AREAS                          SUMMARY:   The Coast Guard is                          its list of recurring safety zone
                                                                                                      establishing a temporary safety zone for               regulations that take place in the Coast
                                              ■ 1. The authority citation for part 165
                                                                                                      all waters of the Ohio River from mile                 Guard Sector Ohio Valley area of
                                              continues to read as follows:
                                                                                                      607.5 to mile 608.6. This temporary                    responsibility (AOR). The public
                                                Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    comment period ended on June 6, 2016.
                                              33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                                                                      safety zone is necessary to protect
                                                                                                      persons and property from potential                    The Coast Guard did not receive
                                              Department of Homeland Security Delegation
                                                                                                      damage and safety hazards during a                     comments on the NPRM. The Coast
                                              No. 0170.1.
                                                                                                      fireworks display on or over the                       Guard issued a final rule on June 14,
                                              ■ 2. Add § 165.T08–0616 to read as                                                                             2016, finalizing the events proposed in
                                                                                                      navigable waterway. During the period
                                              follows:                                                                                                       the NPRM, and the rule became
                                                                                                      of enforcement, entry into this safety
                                              § 165.T08–0616 Safety Zone; Ohio River,                 zone is prohibited unless specifically                 effective on June 14, 2016 (see 81 FR
                                              Mile 317 to Mile 318, Ashland, KY.                      authorized by the Captain of the Port                  38595).
                                                                                                      (COTP) Ohio Valley or a designated                        Before the comment period closed,
                                                 (a) Location. The following area is a
                                                                                                      representative.                                        the Coast Guard received new
                                              safety zone: All waters of the Ohio River
                                                                                                                                                             information regarding the Riverfront
                                              from mile 317 to mile 318.                              DATES: This rule is effective from 10:30
                                                 (b) Enforcement period. This safety                                                                         Independence Festival Fireworks
                                                                                                      p.m. until 11:00 p.m. on July 3, 2016.                 Display, listed in Table 1 of 33 CFR
                                              zone will be enforced from 9:35 until
                                              10:45 p.m. on July 2, 2016. Actual                      ADDRESSES: To view documents                           165.801, Line 21. For 2016, the event
                                              notice will be used for enforcement                     mentioned in this preamble as being                    sponsor requested that the event be held
                                              purposes.                                               available in the docket, go to http://                 at Ohio River mile 607.5 to mile 608.6
                                                 (c) Regulations. (1) In accordance with              www.regulations.gov, type USCG–2016–                   instead of Ohio River, mile 602.0 to mile
                                              the general regulations in § 165.23, entry              0502 in the ‘‘SEARCH’’ box and click                   603.5, which is the location listed in the
                                              into this zone is prohibited unless                     ‘‘SEARCH.’’ Click on Open Docket                       NPRM and current CFR. It is
                                              specifically authorized by the Captain of               Folder on the line associated with this                impracticable to publish a NPRM for
                                              the Port Ohio Valley (COTP) or                          rule.                                                  this location change because we must
                                              designated personnel. Persons or vessels                FOR FURTHER INFORMATION CONTACT: If                    establish this safety zone by July 3,
                                              desiring to enter into or pass through                  you have questions on this rule, call or               2016. If the event sponsor decides to
                                              the zone must request permission from                   email Petty Officer James Robinson,                    continue to hold the event annually at
                                              the COTP or a designated                                Sector Ohio Valley, U.S. Coast Guard;                  Ohio River mile 607.5 to mile 608.6, the
                                              representative. They may be contacted                   telephone (502) 779–5347, email                        Coast Guard will publish an NPRM in
                                              on VHF–FM radio channel 16 or phone                     James.C.Robinson@uscg.mil.                             the Federal Register to permanently
                                              at 1–800–253–7465.                                                                                             change the event location.
                                                                                                      SUPPLEMENTARY INFORMATION:
                                                 (2) Persons and vessels permitted to                                                                           We are issuing this rule, and under 5
                                              deviate from this safety zone regulation                I. Table of Abbreviations                              U.S.C. 553(d)(3), the Coast Guard finds
                                              and enter the restricted area must transit                                                                     that good cause exists for making the
                                                                                                      CFR Code of Federal Regulations
                                              at the slowest safe speed and comply                    COTP Captain of the Port
                                                                                                                                                             rule effective less than 30 days after
                                              with all lawful directions issued by the                DHS Department of Homeland Security                    publication in the Federal Register.
                                              COTP or a designated representative.                    FR Federal Register                                    Delaying the effective date of the rule is
                                                 (d) Information broadcasts. The COTP                 NPRM Notice of proposed rulemaking                     contrary to the public interest as it
                                              or a designated representative will                     § Section                                              would delay the effectiveness of the
                                              inform the public through Broadcast                     U.S.C. United States Code                              temporary safety zone needed to
                                              Notices to Mariners, Local Notices to                   II. Background Information and                         respond to potential related safety
                                              Mariners, and/or Safety Marine                          Regulatory History                                     hazards until after the planned
                                              Information Broadcasts as appropriate of                                                                       fireworks display.
                                              the enforcement period for each safety                    The Coast Guard is issuing this
                                                                                                      temporary rule without prior notice and                III. Legal Authority and Need for Rule
                                              zone as well as any changes in the
                                              planned and published dates and times                   opportunity to comment pursuant to                        The Coast Guard is issuing this rule
srobinson on DSK5SPTVN1PROD with RULES




                                              of enforcement.                                         authority under section 4(a) of the                    under authority in 33 U.S.C. 1231. The
                                                                                                      Administrative Procedure Act (APA) (5                  COTP has determined that potential
                                              R.V. Timme,                                             U.S.C. 553(b)). This provision                         hazards associated with fireworks
                                              Captain, U.S. Coast Guard, Captain of the               authorizes an agency to issue a rule                   displays taking place on or over this
                                              Port Ohio Valley.                                       without prior notice and opportunity to                section of navigable waterway will be a
                                              [FR Doc. 2016–15572 Filed 6–29–16; 8:45 am]             comment when the agency finds good                     safety concern for anyone within the
                                              BILLING CODE 9110–04–P                                  cause that those procedures are                        area designated as the safety zone. This


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Document Created: 2018-02-08 07:44:55
Document Modified: 2018-02-08 07:44:55
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 9:35 to 10:45 p.m. on July 2, 2016.
ContactIf you have questions on this rule, call or email Petty Officer Third Class Robert Miller; telephone (304) 733-0198, email [email protected]
FR Citation81 FR 42528 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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