81 FR 42530 - Safety Zone; Ohio River Mile 607.5 to 608.6, Indiana

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

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

Page Range		42530-42532
FR Document		2016-15571

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River from mile 607.5 to mile 608.6. 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 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 42530-42532]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15571]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0502]
RIN 1625-AA00


Safety Zone; Ohio River Mile 607.5 to 608.6, Indiana

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 607.5 to mile 608.6. 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 a designated 
representative.

DATES: This rule is effective from 10:30 p.m. until 11:00 p.m. on July 
3, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0502 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 James Robinson, Sector Ohio Valley, U.S. 
Coast Guard; telephone (502) 779-5347, 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 Riverfront Independence Festival Fireworks 
Display, listed in Table 1 of 33 CFR 165.801, Line 21. For 2016, the 
event sponsor requested that the event be held at Ohio River mile 607.5 
to mile 608.6 instead of Ohio River, mile 602.0 to mile 603.5, which is 
the location listed in the NPRM and current CFR. It is impracticable to 
publish a NPRM for this location change because we must establish this 
safety zone by July 3, 2016. If the event sponsor decides to continue 
to hold the event annually at Ohio River mile 607.5 to mile 608.6, the 
Coast Guard will publish an NPRM in the Federal Register to permanently 
change the event location.
    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

[[Page 42531]]

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 10:30 p.m. until 
11:00 p.m. on July 03, 2016 for all waters of the Ohio River from mile 
607.5 to mile 608.6, for the Riverfront Independence Festival Fireworks 
Display. 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 other 
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 other 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 an 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.

[[Page 42532]]

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.T08-0502 to read as follows:

Sec.  165.T08-0502  Safety Zone; Ohio River, Mile 607.5 to Mile 608.6.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River from mile 607.5 to mile 608.6.
    (b) Enforcement period. This safety zone will be enforced from 
10:30 p.m. until 11:00 p.m. on July 3, 2016.
    (c) Definitions. As used in this section, designated representative 
means a Coast Guard Patrol Commander, including a Coast Guard coxswain, 
petty officer, or other officer operating a Coast Guard vessel and a 
Federal, State, and local officer designated by or assisting the 
Captain of the Port (COTP) Ohio Valley in the enforcement of the safety 
zone.
    (d) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or designated 
representative via VHF-FM radio channel 16 or phone at 1-800-253-7465.
    (3) All persons and vessels shall comply with the instruction of 
the COTP and designated on-scene personnel.
    (e) 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. 2016-15571 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 42531

rule is needed to protect personnel, B. Impact on Small Entities power and responsibilities among the
vessels, and the marine environment in The Regulatory Flexibility Act of various levels of government. We have
the navigable waters within the safety 1980, 5 U.S.C. 601–612, as amended, analyzed this rule under that Order and
zone during the fireworks display. requires Federal agencies to consider have determined that it is consistent
the potential impact of regulations on with the fundamental federalism
IV. Discussion of the Rule
small entities during rulemaking. The principles and preemption requirements
This rule establishes a temporary term ‘‘small entities’’ comprises small described in Executive Order 13132.
safety zone from 10:30 p.m. until 11:00 businesses, not-for-profit organizations Also, this rule does not have tribal
p.m. on July 03, 2016 for all waters of that are independently owned and implications under Executive Order
the Ohio River from mile 607.5 to mile operated and are not dominant in their 13175, Consultation and Coordination
608.6, for the Riverfront Independence fields, and governmental jurisdictions with Indian Tribal Governments,
Festival Fireworks Display. This safety with populations of less than 50,000. because it does not have a substantial
zone is intended to protect personnel, The Coast Guard certifies under 5 U.S.C. direct effect on one or more Indian
vessels, and the marine environment in 605(b) that this rule will not have a tribes, on the relationship between the
these navigable waters during the significant economic impact on a Federal Government and Indian tribes,
fireworks display. No vessel or person substantial number of small entities. or on the distribution of power and
will be permitted to enter the safety While some owners or operators of responsibilities between the Federal
zone without obtaining permission from vessels intending to transit the safety Government and Indian tribes. If you
the COTP or a designated zone may be small entities, for the believe this rule has implications for
representative. reasons stated in section V.A. above, federalism or Indian tribes, please
this rule will not have a significant contact the person listed in the FOR
V. Regulatory Analyses
economic impact on any vessel owner FURTHER INFORMATION CONTACT section
We developed this rule after or operator. above.
considering numerous statutes and Under section 213(a) of the Small
Business Regulatory Enforcement E. Unfunded Mandates Reform Act
Executive Orders related to rulemaking.
Below we summarize our analyses Fairness Act of 1996 (Pub. L. 104–121), The Unfunded Mandates Reform Act
based on a number of these statutes and we want to assist small entities in of 1995 (2 U.S.C. 1531–1538) requires
Executive Orders, and we discuss First understanding this rule. If the rule
Federal agencies to assess the effects of
Amendment rights of protestors. would affect your small business,
their discretionary regulatory actions. In
organization, or governmental
A. Regulatory Planning and Review particular, the Act addresses actions
jurisdiction and you have questions
that may result in the expenditure by a
concerning its provisions or options for
Executive Orders 12866 and 13563 State, local, or tribal government, in the
compliance, please contact the person
direct agencies to assess the costs and aggregate, or by the private sector of
listed in the FOR FURTHER INFORMATION
benefits of available regulatory $100,000,000 (adjusted for inflation) or
CONTACT section.
alternatives and, if regulation is more in any one year. Though this rule
Small businesses may send comments
necessary, to select regulatory will not result in such an expenditure,
on the actions of Federal employees
approaches that maximize net benefits. we do discuss the effects of this rule
who enforce, or otherwise determine
Executive Order 13563 emphasizes the elsewhere in this preamble.
compliance with, Federal regulations to
importance of quantifying both costs
the Small Business and Agriculture F. Environment
and benefits, of reducing costs, of
Regulatory Enforcement Ombudsman
harmonizing rules, and of promoting We have analyzed this rule under
and the Regional Small Business
flexibility. This rule has not been Department of Homeland Security
Regulatory Fairness Boards. The
designated a ‘‘significant regulatory Management Directive 023–01 and
Ombudsman evaluates these actions
action,’’ under Executive Order 12866. Commandant Instruction M16475.lD,
annually and rates each agency’s
Accordingly, it has not been reviewed which guide the Coast Guard in
responsiveness to small business. If you
by the Office of Management and complying with the National
wish to comment on actions by
Budget. Environmental Policy Act of 1969 (42
employees of the Coast Guard, call 1–
This temporary final rule establishes 888–REG–FAIR (1–888–734–3247). The U.S.C. 4321–4370f), and have
a safety zone that will be enforced for Coast Guard will not retaliate against determined that the actions are one of
a limited time period. During the small entities that question or complain a category of actions that do not
enforcement period, vessels are about this rule or any policy or action individually or cumulatively have a
prohibited from entering into or of the Coast Guard. significant effect on the human
remaining within the safety zone unless environment. This rule involves a safety
specifically authorized by the COTP or C. Collection of Information zone lasting less than two hours that
other designated representative. Based This rule will not call for a new will limit access to a specific area on the
on the location, limited safety zone size, collection of information under the Ohio River. This safety zone is
and short duration of the enforcement Paperwork Reduction Act of 1995 (44 categorically excluded from further
period, this rule does not pose a U.S.C. 3501–3520). review under paragraph 34(g) of Figure
significant regulatory impact. 2–1 of the Commandant Instruction. An
Additionally, notice of the safety zone D. Federalism and Indian Tribal environmental analysis checklist
Governments
srobinson on DSK5SPTVN1PROD with RULES

or any changes in the planned schedule supporting this determination and a
will be made via Broadcast Notices to A rule has implications for federalism Categorical Exclusion Determination are
Mariners and Local Notices to Mariners. under Executive Order 13132, available in the docket where indicated
Deviation from this rule may be Federalism, if it has a substantial direct under ADDRESSES. We seek any
requested from the COTP or other effect on the States, on the relationship comments or information that may lead
designated representative and will be between the national government and to the discovery of a significant
considered on a case-by-case basis. the States, or on the distribution of environmental impact from this rule.

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42532 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations

G. Protest Activities Notices to Mariners, Local Notices to Penalties Inflation Adjustment Act
The Coast Guard respects the First Mariners, and/or Safety Marine Improvements Act of 2016 (February 24,
Amendment rights of protesters. Information Broadcasts as appropriate of 2016), www.whitehouse.gov/omb/
Protesters are asked to contact the the enforcement period for each safety memoranda/2016/m-16-06.
person listed in the FOR FURTHER zone as well as any changes in the First, the Postal Service must make an
INFORMATION CONTACT section to
planned and published dates and times initial ‘‘catch-up’’ adjustment to each of
coordinate protest activities so that your of enforcement. its qualifying civil monetary penalties
message can be received without through an interim final rule by July 1,
R.V. Timme,
jeopardizing the safety or security of 2016. The catch-up adjustment is based
Captain, U.S. Coast Guard, Captain of the on the Consumer Price Index (CPI–U)
people, places or vessels. Port Ohio Valley.
and is calculated for each penalty. The
List of Subjects in 33 CFR Part 165 [FR Doc. 2016–15571 Filed 6–29–16; 8:45 am]
amount of the adjustment is calculated
BILLING CODE 9110–04–P by multiplying the current published
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping penalty amount by an adjustment factor
requirements, Security measures, provided by the Office of Management
POSTAL SERVICE and Budget (OMB). The adjustment
Waterways.
factor varies depending on the year a
For the reasons discussed in the 39 CFR Part 233 penalty was last adjusted. The new
preamble, the Coast Guard amends 33
Inspection Service Authority; Civil penalty amount must be rounded to the
CFR part 165 as follows:
Monetary Penalty Inflation Adjustment nearest dollar.
PART 165—REGULATED NAVIGATION Second, the Postal Service must make
AREAS AND LIMITED ACCESS AREAS AGENCY: Postal Service. an annual adjustment for inflation and
ACTION: Interim final rule. publish the adjustment in the Federal
■ 1. The authority citation for part 165 Register by January 15 of each year,
continues to read as follows: SUMMARY: This rule updates postal beginning in 2017. Each penalty will be
regulations to implement inflation adjusted as instructed by OMB based on
Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
adjustments to civil monetary penalties CPI–U from the most recent October.
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation that may be imposed under consumer The 2015 Act allows the interim final
No. 0170.1. protection and mailability provisions rule and annual inflation adjustments to
enforced by the Postal Service pursuant be published without prior public
■ 2. Add § 165.T08–0502 to read as to the Deceptive Mail Prevention and notice or opportunity for public
follows: Enforcement Act and the Postal comment.
§ 165.T08–0502 Safety Zone; Ohio River,
Accountability and Enhancement Act.
These adjustments are required under Adjustments to Postal Service Civil
Mile 607.5 to Mile 608.6. Monetary Penalties
the Federal Civil Penalties Inflation
(a) Location. The following area is a
Adjustment Act of 1990, as amended by Civil monetary penalties may be
safety zone: All waters of the Ohio River
the Federal Civil Penalties Inflation assessed for postal offenses under
from mile 607.5 to mile 608.6.
Adjustment Act Improvements Act of sections 106 and 108 of the Deceptive
(b) Enforcement period. This safety
2015. This notice also includes the Mail Prevention and Enforcement Act,
zone will be enforced from 10:30 p.m.
statutory civil monetary penalties Public Law 106–168, 113 Stat. 1811,
until 11:00 p.m. on July 3, 2016.
subject to the 2015 Act. 1814 (see, 39 U.S.C. 3012(a), (c)(1), (d),
(c) Definitions. As used in this
section, designated representative DATES: Effective date: August 1, 2016. and 3017(g)(2), (h)(1)(A)); and section
means a Coast Guard Patrol FOR FURTHER INFORMATION CONTACT: 1008 of the Postal Accountability and
Commander, including a Coast Guard Steven Sultan, (202) 268–7385. Enhancement Act, Public Law 109–435,
coxswain, petty officer, or other officer SUPPLEMENTARY INFORMATION: The
120 Stat. 3259–3261 (see, 39 U.S.C. 3018
operating a Coast Guard vessel and a Federal Civil Penalties Inflation (c)(1)(A)). The statutory civil monetary
Federal, State, and local officer Adjustment Act Improvements Act of penalties subject to the 2015 Act and the
designated by or assisting the Captain of 2015 (2015 Act), Public Law 114–74, amount of each penalty after the ‘‘catch-
the Port (COTP) Ohio Valley in the 129 Stat. 584, amended the Federal Civil up’’ adjustment are as follows:
enforcement of the safety zone. Penalties Inflation Adjustment Act of 39 U.S.C. 3012(a)—False
(d) Regulations. (1) Under the general 1990 (1990 Act), Public Law 101–410, representations and lottery orders.
safety zone regulations in subpart C of 104 Stat. 890 (28 U.S.C. 2461 note), to Under 39 U.S.C. 3005(a)(1)–(3), the
this part, you may not enter the safety improve the effectiveness of civil Postal Service may issue administrative
zone described in paragraph (a) of this monetary penalties and to maintain orders prohibiting persons from using
section unless authorized by the COTP their deterrent effect. Section 3 of the the mail to obtain money through false
or the COTP’s designated representative. 1990 Act specifically includes the Postal representations or lotteries. Persons who
(2) To seek permission to enter, Service in the definition of ‘‘agency’’ evade, attempt to evade, or fail to
contact the COTP or designated subject to its provisions. comply with an order to stop such
representative via VHF–FM radio The 2015 Act requires the Postal prohibited practices may be liable to the
channel 16 or phone at 1–800–253– Service to make two types of United States for a civil penalty under
7465. adjustments to civil penalties that meet 39 U.S.C. 3012(a). This section currently
srobinson on DSK5SPTVN1PROD with RULES

(3) All persons and vessels shall the definition of ‘‘civil monetary imposes a $50,000 penalty for each
comply with the instruction of the penalty’’ under the 1990 Act. The Office mailing less than 50,000 pieces,
COTP and designated on-scene of Management and Budget has $100,000 for each mailing 50,000 to
personnel. furnished detailed instructions 100,000 pieces, and $10,000 for each
(e) Information broadcasts. The COTP regarding these adjustments in piece above 100,000 up to a penalty of
or a designated representative will memorandum M–16–06, $2,000,000. These penalties were last
inform the public through Broadcast Implementation of the Federal Civil adjusted in 2000. Based on the guidance

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Document Created: 2018-02-08 07:45:02
Document Modified: 2018-02-08 07:45:02

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 10:30 p.m. until 11:00 p.m. on July 3, 2016.
Contact		If you have questions on this rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email [email protected]
FR Citation		81 FR 42530
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 42530 - Safety Zone; Ohio River Mile 607.5 to 608.6, Indiana

DEPARTMENT OF HOMELAND SECURITYCoast Guard

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

DEPARTMENT OF HOMELAND SECURITY
Coast Guard