81_FR_43216 81 FR 43089 - Safety Zone; Ohio River Mile 42.5 to 43.0, Chester, West Virginia

81 FR 43089 - Safety Zone; Ohio River Mile 42.5 to 43.0, Chester, West Virginia

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 127 (July 1, 2016)

Page Range43089-43091
FR Document2016-15689

The Coast Guard is establishing a temporary safety zone for all water extending 300 feet from the left descending bank into the Ohio River from mile 42.5 to mile 43.0. This action is necessary to protect personnel, vessels, and the marine environment from potential hazards created by a land-based fireworks display. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port Pittsburgh or a designated representative.

Federal Register, Volume 81 Issue 127 (Friday, July 1, 2016)
[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Rules and Regulations]
[Pages 43089-43091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15689]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0335]
RIN 1625-AA00


Safety Zone; Ohio River Mile 42.5 to 43.0, Chester, West Virginia

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all water extending 300 feet from the left descending bank into the 
Ohio River from mile 42.5 to mile 43.0. This action is necessary to 
protect personnel, vessels, and the marine environment from potential 
hazards created by a land-based fireworks display. This regulation 
prohibits persons and vessels from being in the safety zone unless 
authorized by the Captain of the Port Pittsburgh or a designated 
representative.

DATES: This rule is effective from 9:30 p.m. to 11:00 p.m. on July 4, 
2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0335 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, 
U.S. Coast Guard; telephone 412-221-0807, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

[[Page 43090]]

II. Background Information and Regulatory History

    On April 6, 2016, the Chester Volunteer Fire Department notified 
the Coast Guard that from 9:30 p.m. to 11:00 p.m. on July 4, 2016, it 
will be conducting a fireworks display launched from land in the 
vicinity of the Ohio River, Chester, WV. In response, on June 8, 2016 
the Coast Guard published a notice of proposed rulemaking (NPRM) titled 
Safety Zone; Ohio River Mile 42.5 to 43.0, Chester, West Virginia, 81 
FR 36831. There we stated why we issued the NPRM, and invited comments 
on our proposed regulatory action related to this fireworks display. 
During the comment period that ended June 20, 2016 we received no 
comments.
    We are issuing this final rule, and under 5 U.S.C. 553(d)(3), the 
Coast Guard finds that good cause exists for making it effective less 
than 30 days after publication in the Federal Register. Though we are 
not providing a full 30-day notice period, the Coast Guard did provide 
notice and opportunity to comment through the NPRM process. This event 
is advertised to the local community and this rule is necessary for 
safety during the fireworks event. Delaying this rule to provide a full 
30-days notice is impracticable because this rule must be effective 
July 4, 2016.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Pittsburgh (COTP) has determined that 
potential hazards associated with the fireworks to be used in this July 
4, 2016 display will be a safety concern for anyone in proximity of the 
land-based site. The purpose of this rule is to ensure safety of 
vessels and the navigable waters in the safety zone before, during, and 
after the scheduled event.

IV. Discussion of Comments, Changes, and the Final Rule

    As noted above, we received no comments on our NPRM published June 
8, 2016. There are no changes in the regulatory text of this rule from 
the proposed rule in the NPRM.
    This rule establishes a safety zone from 9:30 p.m. to 11:00 p.m. on 
July 4, 2016. The safety zone will cover all navigable waters extending 
300 feet from the left descending bank into the Ohio River from mile 
42.5 to mile 43.0 in Chester, WV. The duration of the zone is intended 
to ensure the safety of vessels and these navigable waters before, 
during, and after the scheduled 9:30 p.m. to 11:00 p.m. 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 regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
will be able to safely transit around this safety zone which will 
impact a small designated area of the Ohio River for less than 2 hours. 
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via 
VHF-FM marine channel 16 about the zone and the rule allows vessels to 
seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received 00 comments from the Small Business 
Administration on this rulemaking. 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

[[Page 43091]]

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 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting less than 2 hours that will 
prohibit entry 300 feet from the left descending bank into the Ohio 
River from mile 42.5 to mile 43.0. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES. We seek any comments or 
information that may lead to the discovery of a significant 
environmental impact from this rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.


0
2. Add Sec.  165.T08-0335 to read as follows:


Sec.  165.T08-0335  Safety Zone; Ohio River Mile 42.5 to Mile 43.0, 
Chester, WV.

    (a) Location. The following area is a safety zone: All waters 
extending 300 feet from the left descending bank into the Ohio River 
from mile 42.5 to mile 43.0.
    (b) 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 Pittsburgh (COTP) in the enforcement of the safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
Sec.  165.23, 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 the COTP's 
representative at 412-221-0807. Those in the safety zone must comply 
with all lawful orders or directions given to them by the COTP or the 
COTP's designated representative.
    (d) Enforcement period. This section will be enforced from 9:30 
p.m. to 11:00 p.m. on July 4, 2016.
    (e) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the safety zone as well as any 
changes in the dates and times of enforcement.

L. Mcclain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-15689 Filed 6-30-16; 8:45 am]
BILLING CODE 9110-04-P



                                                                        Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations                                               43089

                                                  or on the distribution of power and                       For the reasons discussed in the                       (d) Enforcement period. This section
                                                  responsibilities between the Federal                    preamble, the Coast Guard amends 33                    will be enforced from 8 p.m. through
                                                  Government and Indian tribes. If you                    CFR part 165 as follows:                               10:45 p.m. on July 2, 2016.
                                                  believe this rule has implications for                                                                           Dated: June 15, 2016.
                                                  federalism or Indian tribes, please                     PART 165—REGULATED NAVIGATION
                                                                                                          AREAS AND LIMITED ACCESS AREAS                         Christopher S. Keane,
                                                  contact the person listed in the FOR
                                                                                                                                                                 Captain, U.S. Coast Guard, Captain of the
                                                  FURTHER INFORMATION CONTACT section
                                                                                                          ■ 1. The authority citation for part 165               Port Hampton Roads.
                                                  above.
                                                                                                          continues to read as follows:                          [FR Doc. 2016–15608 Filed 6–30–16; 8:45 am]
                                                  E. Unfunded Mandates Reform Act                           Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            BILLING CODE 9110–04–P
                                                    The Unfunded Mandates Reform Act                      33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5;
                                                  of 1995 (2 U.S.C. 1531–1538) requires                   Department of Homeland Security Delegation
                                                  Federal agencies to assess the effects of               No. 0170.1.                                            DEPARTMENT OF HOMELAND
                                                  their discretionary regulatory actions. In              ■ 2. Add § 165.T05–0331 to read as                     SECURITY
                                                  particular, the Act addresses actions                   follows:                                               Coast Guard
                                                  that may result in the expenditure by a
                                                  State, local, or tribal government, in the              § 165.T05–0331 Safety Zone, Confluence
                                                                                                          of James River and Appomattox River;                   33 CFR Part 165
                                                  aggregate, or by the private sector of                  Hopewell, VA.
                                                  $100,000,000 (adjusted for inflation) or
                                                                                                             (a) Definitions. For the purposes of                [Docket Number USCG–2016–0335]
                                                  more in any one year. Though this rule
                                                                                                          this section—
                                                  will not result in such an expenditure,                    Captain of the Port means the
                                                  we do discuss the effects of this rule                  Commander, Sector Hampton Roads.
                                                                                                                                                                 RIN 1625–AA00
                                                  elsewhere in this preamble.                                Designated representative means any                 Safety Zone; Ohio River Mile 42.5 to
                                                  F. Environment                                          Coast Guard commissioned, warrant or                   43.0, Chester, West Virginia
                                                    We have analyzed this rule under                      petty officer who has been authorized to
                                                  Department of Homeland Security                         act on the behalf of the Captain of the                AGENCY:  Coast Guard, DHS.
                                                  Management Directive 023–01 and                         Port.                                                  ACTION: Temporary final rule.
                                                                                                             Participants mean individuals and
                                                  Commandant Instruction M16475.lD,
                                                                                                          vessels involved in explosives training.               SUMMARY:   The Coast Guard is
                                                  which guide the Coast Guard in                             (b) Location. The following area is a
                                                  complying with the National                                                                                    establishing a temporary safety zone for
                                                                                                          safety zone: All waters in the confluence              all water extending 300 feet from the left
                                                  Environmental Policy Act of 1969 (42                    of the James River and the Appomattox
                                                  U.S.C. 4321–4370f), and have                                                                                   descending bank into the Ohio River
                                                                                                          River, within a 700-foot radius of the                 from mile 42.5 to mile 43.0. This action
                                                  determined that this action is one of a                 fireworks display barge in approximate
                                                  category of actions that do not                                                                                is necessary to protect personnel,
                                                                                                          position 37°19′27.74″ N., 077°16′45.22″                vessels, and the marine environment
                                                  individually or cumulatively have a                     W. (NAD 1983).
                                                  significant effect on the human                                                                                from potential hazards created by a
                                                                                                             (c) Regulations. (1) All persons are
                                                  environment. This rule involves a safety                                                                       land-based fireworks display. This
                                                                                                          required to comply with the general
                                                  zone lasting less than 3 hours that will                                                                       regulation prohibits persons and vessels
                                                                                                          regulations governing safety zones in
                                                  prohibit entry within a 700-foot radius                                                                        from being in the safety zone unless
                                                                                                          § 165.23.
                                                  of the fireworks barge. It is categorically                                                                    authorized by the Captain of the Port
                                                                                                             (2) With the exception of participants,
                                                  excluded from further review under                                                                             Pittsburgh or a designated
                                                                                                          entry into or remaining in this safety
                                                  paragraph 34(g) of Figure 2–1 of the                                                                           representative.
                                                                                                          zone is prohibited unless authorized by
                                                  Commandant Instruction. An                              the Captain of the Port, Hampton Roads                 DATES: This rule is effective from 9:30
                                                  environmental analysis checklist                        or his designated representative.                      p.m. to 11:00 p.m. on July 4, 2016.
                                                  supporting this determination and a                        (3) All vessels underway within this                ADDRESSES: To view documents
                                                  Categorical Exclusion Determination are                 safety zone at the time it is implemented
                                                  available in the docket where indicated                                                                        mentioned in this preamble as being
                                                                                                          are to depart the zone immediately.                    available in the docket, go to http://
                                                  under ADDRESSES. We seek any                               (4) The Captain of the Port, Hampton
                                                  comments or information that may lead                                                                          www.regulations.gov, type USCG–2016–
                                                                                                          Roads or his designated representative
                                                  to the discovery of a significant                                                                              0335 in the ‘‘SEARCH’’ box and click
                                                                                                          can be contacted at telephone number
                                                  environmental impact from this rule.                                                                           ‘‘SEARCH.’’ Click on Open Docket
                                                                                                          (757) 668–5555.
                                                                                                             (5) The Coast Guard and designated                  Folder on the line associated with this
                                                  G. Protest Activities                                                                                          rule.
                                                                                                          security vessels enforcing the safety
                                                    The Coast Guard respects the First                    zone can be contacted on VHF–FM                        FOR FURTHER INFORMATION CONTACT: If
                                                  Amendment rights of protesters.                         marine band radio channel 13 (165.65                   you have questions on this rule, call or
                                                  Protesters are asked to contact the                     Mhz) and channel 16 (156.8 Mhz).                       email MST1 Jennifer Haggins, Marine
                                                  person listed in the FOR FURTHER                           (6) This section applies to all persons             Safety Unit Pittsburgh, U.S. Coast
                                                  INFORMATION CONTACT section to                          or vessels wishing to transit through the              Guard; telephone 412–221–0807, email
                                                  coordinate protest activities so that your              safety zone except participants and                    Jennifer.L.Haggins@uscg.mil.
                                                  message can be received without                         vessels that are engaged in the following              SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  jeopardizing the safety or security of                  operations:
                                                  people, places or vessels.                                 (i) Enforcing laws;                                 I. Table of Abbreviations
                                                                                                             (ii) Servicing aids to navigation, and              CFR Code of Federal Regulations
                                                  List of Subjects in 33 CFR Part 165                        (iii) Emergency response vessels.                   DHS Department of Homeland Security
                                                    Harbors, Marine safety, Navigation                       (7) The U.S. Coast Guard may be                     FR Federal Register
                                                  (water), Reporting and recordkeeping                    assisted in the patrol and enforcement                 NPRM Notice of proposed rulemaking
                                                  requirements, Security measures,                        of the safety zone by Federal, State, and              § Section
                                                  Waterways.                                              local agencies.                                        U.S.C. United States Code



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                                                  43090                 Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations

                                                  II. Background Information and                          9:30 p.m. to 11:00 p.m. fireworks                      economic impact on any vessel owner
                                                  Regulatory History                                      display. No vessel or person will be                   or operator.
                                                     On April 6, 2016, the Chester                        permitted to enter the safety zone                        Under section 213(a) of the Small
                                                  Volunteer Fire Department notified the                  without obtaining permission from the                  Business Regulatory Enforcement
                                                  Coast Guard that from 9:30 p.m. to 11:00                COTP or a designated representative.                   Fairness Act of 1996 (Pub. L. 104–121),
                                                  p.m. on July 4, 2016, it will be                        V. Regulatory Analyses                                 we want to assist small entities in
                                                  conducting a fireworks display                                                                                 understanding this rule. If the rule
                                                                                                            We developed this rule after                         would affect your small business,
                                                  launched from land in the vicinity of                   considering numerous statutes and
                                                  the Ohio River, Chester, WV. In                                                                                organization, or governmental
                                                                                                          Executive orders related to rulemaking.                jurisdiction and you have questions
                                                  response, on June 8, 2016 the Coast                     Below we summarize our analyses
                                                  Guard published a notice of proposed                                                                           concerning its provisions or options for
                                                                                                          based on a number of these statutes and                compliance, please contact the person
                                                  rulemaking (NPRM) titled Safety Zone;                   Executive Orders, and we discuss First
                                                  Ohio River Mile 42.5 to 43.0, Chester,                                                                         listed in the FOR FURTHER INFORMATION
                                                                                                          Amendment rights of protestors.                        CONTACT section.
                                                  West Virginia, 81 FR 36831. There we
                                                  stated why we issued the NPRM, and                      A. Regulatory Planning and Review                         Small businesses may send comments
                                                  invited comments on our proposed                           Executive Orders 12866 and 13563                    on the actions of Federal employees
                                                  regulatory action related to this                       direct agencies to assess the costs and                who enforce, or otherwise determine
                                                  fireworks display. During the comment                   benefits of available regulatory                       compliance with, Federal regulations to
                                                  period that ended June 20, 2016 we                      alternatives and, if regulation is                     the Small Business and Agriculture
                                                  received no comments.                                   necessary, to select regulatory                        Regulatory Enforcement Ombudsman
                                                     We are issuing this final rule, and                  approaches that maximize net benefits.                 and the Regional Small Business
                                                  under 5 U.S.C. 553(d)(3), the Coast                     Executive Order 13563 emphasizes the                   Regulatory Fairness Boards. The
                                                  Guard finds that good cause exists for                  importance of quantifying both costs                   Ombudsman evaluates these actions
                                                  making it effective less than 30 days                   and benefits, of reducing costs, of                    annually and rates each agency’s
                                                  after publication in the Federal                        harmonizing rules, and of promoting                    responsiveness to small business. If you
                                                  Register. Though we are not providing                   flexibility. This rule has not been                    wish to comment on actions by
                                                  a full 30-day notice period, the Coast                  designated a ‘‘significant regulatory                  employees of the Coast Guard, call 1–
                                                  Guard did provide notice and                            action,’’ under Executive Order 12866.                 888–REG–FAIR (1–888–734–3247). The
                                                  opportunity to comment through the                      Accordingly, it has not been reviewed                  Coast Guard will not retaliate against
                                                  NPRM process. This event is advertised                  by the Office of Management and                        small entities that question or complain
                                                  to the local community and this rule is                 Budget.                                                about this rule or any policy or action
                                                  necessary for safety during the fireworks                  This regulatory action determination                of the Coast Guard.
                                                  event. Delaying this rule to provide a                  is based on the size, location, duration,              C. Collection of Information
                                                  full 30-days notice is impracticable                    and time-of-day of the safety zone.
                                                  because this rule must be effective July                Vessel traffic will be able to safely                    This rule will not call for a new
                                                  4, 2016.                                                transit around this safety zone which                  collection of information under the
                                                                                                          will impact a small designated area of                 Paperwork Reduction Act of 1995 (44
                                                  III. Legal Authority and Need for Rule                                                                         U.S.C. 3501–3520).
                                                                                                          the Ohio River for less than 2 hours.
                                                    The Coast Guard is issuing this rule                  Moreover, the Coast Guard will issue                   D. Federalism and Indian Tribal
                                                  under authority in 33 U.S.C. 1231. The                  Broadcast Notice to Mariners via VHF–                  Governments
                                                  Captain of the Port Pittsburgh (COTP)                   FM marine channel 16 about the zone
                                                  has determined that potential hazards                   and the rule allows vessels to seek                       A rule has implications for federalism
                                                  associated with the fireworks to be used                permission to enter the zone.                          under Executive Order 13132,
                                                  in this July 4, 2016 display will be a                                                                         Federalism, if it has a substantial direct
                                                  safety concern for anyone in proximity                  B. Impact on Small Entities                            effect on the States, on the relationship
                                                  of the land-based site. The purpose of                     The Regulatory Flexibility Act of                   between the national government and
                                                  this rule is to ensure safety of vessels                1980, 5 U.S.C. 601–612, as amended,                    the States, or on the distribution of
                                                  and the navigable waters in the safety                  requires Federal agencies to consider                  power and responsibilities among the
                                                  zone before, during, and after the                      the potential impact of regulations on                 various levels of government. We have
                                                  scheduled event.                                        small entities during rulemaking. The                  analyzed this rule under that Order and
                                                                                                          term ‘‘small entities’’ comprises small                have determined that it is consistent
                                                  IV. Discussion of Comments, Changes,                                                                           with the fundamental federalism
                                                                                                          businesses, not-for-profit organizations
                                                  and the Final Rule                                                                                             principles and preemption requirements
                                                                                                          that are independently owned and
                                                     As noted above, we received no                       operated and are not dominant in their                 described in Executive Order 13132.
                                                  comments on our NPRM published June                     fields, and governmental jurisdictions                    Also, this rule does not have tribal
                                                  8, 2016. There are no changes in the                    with populations of less than 50,000.                  implications under Executive Order
                                                  regulatory text of this rule from the                   The Coast Guard received 00 comments                   13175, Consultation and Coordination
                                                  proposed rule in the NPRM.                              from the Small Business Administration                 with Indian Tribal Governments,
                                                     This rule establishes a safety zone                  on this rulemaking. The Coast Guard                    because it does not have a substantial
                                                  from 9:30 p.m. to 11:00 p.m. on July 4,                 certifies under 5 U.S.C. 605(b) that this              direct effect on one or more Indian
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  2016. The safety zone will cover all                    rule will not have a significant                       tribes, on the relationship between the
                                                  navigable waters extending 300 feet                     economic impact on a substantial                       Federal Government and Indian tribes,
                                                  from the left descending bank into the                  number of small entities.                              or on the distribution of power and
                                                  Ohio River from mile 42.5 to mile 43.0                     While some owners or operators of                   responsibilities between the Federal
                                                  in Chester, WV. The duration of the                     vessels intending to transit the safety                Government and Indian tribes. If you
                                                  zone is intended to ensure the safety of                zone may be small entities, for the                    believe this rule has implications for
                                                  vessels and these navigable waters                      reasons stated in section V.A above, this              federalism or Indian tribes, please
                                                  before, during, and after the scheduled                 rule will not have a significant                       contact the person listed in the FOR


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                                                                        Federal Register / Vol. 81, No. 127 / Friday, July 1, 2016 / Rules and Regulations                                                  43091

                                                  FURTHER INFORMATION CONTACT              section        PART 165—REGULATED NAVIGATION                          ENVIRONMENTAL PROTECTION
                                                  above.                                                  AREAS AND LIMITED ACCESS AREAS                         AGENCY
                                                  E. Unfunded Mandates Reform Act                                                                                40 CFR Part 19
                                                                                                          ■ 1. The authority citation for part 165
                                                    The Unfunded Mandates Reform Act                      continues to read as follows:                          [FRL–9948–48–OECA]
                                                  of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                            Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            RIN 2020–AA51
                                                  Federal agencies to assess the effects of
                                                                                                          33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                  their discretionary regulatory actions. In
                                                                                                          Department of Homeland Security Delegation             Civil Monetary Penalty Inflation
                                                  particular, the Act addresses actions                   No. 0170.1.
                                                  that may result in the expenditure by a                                                                        Adjustment Rule
                                                  State, local, or tribal government, in the              ■ 2. Add § 165.T08–0335 to read as                     AGENCY:  Environmental Protection
                                                  aggregate, or by the private sector of                  follows:                                               Agency (EPA).
                                                  $100,000,000 (adjusted for inflation) or
                                                                                                                                                                 ACTION: Interim final rule.
                                                  more in any one year. Though this rule                  § 165.T08–0335 Safety Zone; Ohio River
                                                  will not result in such an expenditure,                 Mile 42.5 to Mile 43.0, Chester, WV.                   SUMMARY:    The Environmental Protection
                                                  we do discuss the effects of this rule                    (a) Location. The following area is a                Agency (EPA) is promulgating this
                                                  elsewhere in this preamble.                             safety zone: All waters extending 300                  interim final rule to adjust the level of
                                                  F. Environment                                          feet from the left descending bank into                statutory civil monetary penalty
                                                                                                          the Ohio River from mile 42.5 to mile                  amounts for the statutes that the agency
                                                     We have analyzed this rule under                     43.0.                                                  administers. This action is mandated by
                                                  Department of Homeland Security                                                                                the Federal Civil Penalties Inflation
                                                  Management Directive 023–01 and                           (b) Definitions. As used in this                     Adjustment Act of 1990, as amended
                                                  Commandant Instruction M16475.lD,                       section, designated representative                     through 2015 (‘‘the 2015 Act’’), which
                                                  which guide the Coast Guard in                          means a Coast Guard Patrol                             prescribes a formula for adjusting
                                                  complying with the National                             Commander, including a Coast Guard                     statutory civil penalties to reflect
                                                  Environmental Policy Act of 1969 (42                    coxswain, petty officer, or other officer              inflation, maintain the deterrent effect
                                                  U.S.C. 4321–4370f), and have                            operating a Coast Guard vessel and a                   of statutory civil penalties, and promote
                                                  determined that this action is one of a                 Federal, State, and local officer                      compliance with the law. The rule does
                                                  category of actions that do not                         designated by or assisting the Captain of              not necessarily revise the penalty
                                                  individually or cumulatively have a                     the Port Pittsburgh (COTP) in the                      amounts that EPA chooses to seek
                                                  significant effect on the human                         enforcement of the safety zone.                        pursuant to its civil penalty policies in
                                                  environment. This rule involves a safety                  (c) Regulations. (1) Under the general               a particular case. EPA’s civil penalty
                                                  zone lasting less than 2 hours that will                safety zone regulations in § 165.23, you               policies, which guide enforcement
                                                  prohibit entry 300 feet from the left                   may not enter the safety zone described                personnel in how to exercise EPA’s
                                                  descending bank into the Ohio River                     in paragraph (a) of this section unless                statutory penalty authorities, take into
                                                  from mile 42.5 to mile 43.0. It is                                                                             account a number of fact-specific
                                                                                                          authorized by the COTP or the COTP’s
                                                  categorically excluded from further                                                                            considerations, e.g., the seriousness of
                                                                                                          designated representative.
                                                  review under paragraph 34(g) of Figure                                                                         the violation, the violator’s good faith
                                                  2–1 of the Commandant Instruction. An                     (2) To seek permission to enter,                     efforts to comply, any economic benefit
                                                  environmental analysis checklist                        contact the COTP or the COTP’s                         gained by the violator as a result of its
                                                  supporting this determination and a                     representative at 412–221–0807. Those                  noncompliance, and a violator’s ability
                                                  Categorical Exclusion Determination are                 in the safety zone must comply with all                to pay.
                                                  available in the docket where indicated                 lawful orders or directions given to                   DATES: This interim final rule is
                                                  under ADDRESSES. We seek any                            them by the COTP or the COTP’s                         effective on August 1, 2016.
                                                  comments or information that may lead                   designated representative.                             FOR FURTHER INFORMATION CONTACT:
                                                  to the discovery of a significant                         (d) Enforcement period. This section                 Susan O’Keefe, Office of Civil
                                                  environmental impact from this rule.                                                                           Enforcement, Office of Enforcement and
                                                                                                          will be enforced from 9:30 p.m. to 11:00
                                                  G. Protest Activities                                   p.m. on July 4, 2016.                                  Compliance Assurance, Environmental
                                                                                                            (e) Informational broadcasts. The                    Protection Agency, 1200 Pennsylvania
                                                    The Coast Guard respects the First                                                                           Avenue NW., Washington, DC 20460,
                                                  Amendment rights of protesters.                         COTP or a designated representative
                                                                                                                                                                 telephone number: (202) 564–4021;
                                                  Protesters are asked to contact the                     will inform the public through
                                                                                                                                                                 okeefe.susan@epa.gov.
                                                  person listed in the FOR FURTHER                        broadcast notices to mariners of the
                                                                                                          enforcement period for the safety zone                 SUPPLEMENTARY INFORMATION:
                                                  INFORMATION CONTACT section to
                                                  coordinate protest activities so that your              as well as any changes in the dates and                I. Background
                                                  message can be received without                         times of enforcement.
                                                                                                                                                                   Since 1990, Federal agencies have
                                                  jeopardizing the safety or security of                  L. Mcclain, Jr.,                                       been required to issue regulations
                                                  people, places or vessels.                                                                                     adjusting for inflation the statutory civil
                                                                                                          Commander, U.S. Coast Guard, Captain of
                                                  List of Subjects in 33 CFR Part 165                     the Port Pittsburgh.                                   penalties 1 that can be imposed under
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                          [FR Doc. 2016–15689 Filed 6–30–16; 8:45 am]
                                                    Marine safety, Navigation (water),                                                                             1 The Federal Civil Penalties Inflation Adjustment
                                                                                                          BILLING CODE 9110–04–P
                                                  Reporting and recordkeeping                                                                                    Act of 1990, Public Law 101–410, 28 U.S.C. 2461
                                                  requirements, Security measures,                                                                               note, defines ‘‘civil monetary penalty’’ as ‘‘any
                                                                                                                                                                 penalty, fine, or other sanction that—(A)(i) is for a
                                                  Waterways.                                                                                                     specific monetary amount as provided by Federal
                                                                                                                                                                 law; or (ii) has a maximum amount provided for by
                                                    For the reasons discussed in the                                                                             Federal law; and (B) is assessed or enforced by an
                                                  preamble, the Coast Guard amends 33                                                                            agency pursuant to Federal law; and (C) is assessed
                                                  CFR part 165 as follows:                                                                                                                                   Continued




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Document Created: 2016-07-14 11:37:25
Document Modified: 2016-07-14 11:37:25
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 9:30 p.m. to 11:00 p.m. on July 4, 2016.
ContactIf you have questions on this rule, call or email MST1 Jennifer Haggins, Marine Safety Unit Pittsburgh, U.S. Coast Guard; telephone 412-221-0807, email [email protected]
FR Citation81 FR 43089 
RIN Number1625-AA00
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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