Safety Zone; Monongahela River Mile 97.5 to Mile 100.5, Morgantown, WV, 33392-33394 [2016-12371]
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33392
Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Rules and Regulations
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Coleman
Memorial Bridge (US 17) across the
York River, mile 7.0, Yorktown, VA.
The deviation is necessary to perform
bridge maintenance. This deviation
allows the bridge to remain in the
closed-to-navigation position.
DATES: This deviation is effective
without actual notice from May 26, 2016
to 7 p.m. on July 17, 2016. For the
purposes of enforcement, actual notice
will be used from 7 a.m. on May 22,
2016, until May 26, 2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0360] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mrs. Traci
Whitfield, Bridge Administration
Branch Fifth District, Coast Guard;
telephone (757) 398–6629, email
Traci.G.Whitfield@uscg.mil.
SUPPLEMENTARY INFORMATION: Virginia
Department of Transportation (VDOT),
the owner of the Coleman Memorial
Bridge (US 17), has requested a
temporary deviation from the current
operating regulation to perform repairs.
VDOT needs to perform mechanical
work that cannot be accomplished when
the bridge is moveable. The bridge must
be in the closed-to-navigation position
to perform the maintenance. The bridge
is a single bascule span and has a
vertical clearance in the closed position
of seven feet above mean high water.
The York River is used by a variety of
vessels including deep draft ocean-going
vessels, U. S. government vessels, Small
commercial fishing vessels, recreational
vessels and tug and barge traffic. The
Coast Guard has carefully coordinated
the restrictions with U. S. government
and commercial waterway users.
Under this temporary deviation, the
bridge will remain in the closed-tonavigation position from 7 a.m. to 7
p.m. as follows: Sunday, May 22, 2016;
Sunday, June 5, 2016 with an inclement
weather date on Sunday, June 12, 2016;
Sunday, June 19, 2016 with an
inclement weather date on Sunday, June
26, 2016; and Sunday, July 10, 2016
with an inclement weather date on
Sunday, July 17, 2016. At all other
times, the bridge will operate in
accordance with the operating
regulations set out in 33 CFR 117.1025.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
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to open for emergencies and there is no
immediate alternate route for vessels
unable to pass through the bridge in the
closed position. The Coast Guard will
also inform the users of the waterways
through our Local and Broadcast
Notices to Mariners of the change in
operating schedule for the bridge so that
vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 19, 2016.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard
District.
[FR Doc. 2016–12405 Filed 5–25–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0202]
RIN 1625–AA00
Safety Zone; Monongahela River Mile
97.5 to Mile 100.5, Morgantown, WV
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
navigable waters of the Monongahela
River from mile 97.5 to mile 100.5. The
safety zone is needed to protect
spectators, participants, and personnel
involved in the West Virginia Triathlon.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Pittsburgh.
DATES: This rule is effective from 6 a.m.
until 10 a.m. on June 19, 2016.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2016–
0202 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, at telephone 412–221–0807,
email Jennifer.L.Haggins@uscg.mil.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
authority under section 4(a) of the
Administrative Procedure Act (APA) (5
U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because the
Coast Guard received notice on March 1,
2016, that this event would take place.
After receiving and fully reviewing the
event information, circumstances and
exact location, the Coast Guard
determined that a safety zone is
necessary to protect spectators,
participants, and the personnel involved
in the West Virginia Triathlon. It would
be impracticable to complete the full
NPRM process for this safety zone
because it needs to be established by
June, 19, 2016. The triathlon event has
been advertised and the local
community has prepared for the event.
For the same reasons, under 5 U.S.C.
553(d)(3), we find good cause for
making this rule effective less than 30
days after publication.
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 a safety zone is
needed on June 19, 2016. This rule is
needed to protect personnel, spectators,
and participants in navigable waters
during the swimming portion of the
West Virginia Triathlon.
IV. Discussion of the Rule
This rule establishes a safety zone on
June 19, 2016, from 6 a.m. until 10 a.m.
The safety zone will cover all navigable
waters on the Monongahela River from
mile 97.5 to mile 100.5. The duration of
the safety zone is intended to protect
personnel, spectators, and participants
while the swimming portion of the West
Virginia Triathlon takes place. No vessel
or person will be permitted to enter the
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Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Rules and Regulations
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 order 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.
sradovich on DSK3TPTVN1PROD with RULES
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, and
duration of the safety zone. This safety
zone impacts a small portion of the
waterway and for a limited duration of
four hours. Vessel traffic will be
informed about the safety zone through
local notices to mariners. Moreover, the
Coast Guard will issue Broadcast
Notices to Mariners via VHF–FM marine
channel 16 about the zone and the rule
allows vessels to seek permission to
transit 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 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
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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.
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33393
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 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 four hours that will
prohibit entry on all waters of the
Monongahela River from mile 97.5 to
mile 100.5 during the swimming portion
of West Virginia Triathlon. 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:
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33394
Federal Register / Vol. 81, No. 102 / Thursday, May 26, 2016 / Rules and Regulations
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
ENVIRONMENTAL PROTECTION
AGENCY
1. The authority citation for part 165
continues to read as follows:
40 CFR Part 52
■
[EPA–R01–OAR–2015–0801; A–1–FRL–
9946–94–Region 1]
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.
2. Add § 165.T08–0202 to read as
follows:
■
(a) Location. The following area is a
safety zone: all waters of the
Monongahela River, from mile 97.5 to
100.5, extending the entire width of the
waterway.
(b) Effective period. This section is
effective, and will be enforced, from 6
a.m. until 10 a.m. on June 19, 2016.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into this zone is
prohibited unless authorized by the
Captain of the Port Pittsburgh or a
designated representative.
(2) Persons or vessels requiring entry
into or passage through the zone must
request permission from the Captain of
the Port Pittsburgh or a designated
representative. The Captain of the
Pittsburgh representative may be
contacted at 412–221–0807.
(3) All persons and vessels shall
comply with the instructions of the
Captain of the Port Pittsburgh or their
designated representative. Designated
Captain of the Port representatives
include United States Coast Guard
commissioned, warrant, and petty
officers.
(d) Information broadcasts. The
Captain of the Port Pittsburgh 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 planned schedule.
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[FR Doc. 2016–12371 Filed 5–25–16; 8:45 am]
BILLING CODE 9110–04–P
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Jkt 238001
Environmental Protection
Agency.
ACTION: Direct final rule.
AGENCY:
§ 165.T08–0202 Safety Zone, Monongahela
River, Pittsburgh, PA.
Dated: April 25, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of
the Port Pittsburgh.
Air Plan Approval; ME; Control of
Volatile Organic Compound Emissions
From Fiberglass Boat Manufacturing
and Surface Coating Facilities
The Environmental Protection
Agency (EPA) is approving State
Implementation Plan (SIP) revisions
submitted by the State of Maine. These
revisions establish Reasonably Available
Control Technology (RACT)
requirements for reducing volatile
organic compound (VOC) emissions
from fiberglass boat manufacturing and
surface coating operations. The
intended effect of this action is to
approve these requirements into the
Maine SIP. This action is being taken in
accordance with the Clean Air Act.
DATES: This direct final rule will be
effective July 25, 2016, unless EPA
receives adverse comments by June 27,
2016. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final rule in the Federal
Register informing the public that the
rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R01–
OAR–2015–0801 at https://
www.regulations.gov, or via email to
Mackintosh.David@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the ‘‘For
Further Information Contact’’ section.
For the full EPA public comment policy,
SUMMARY:
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information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
David L. Mackintosh, Air Quality
Planning Unit, U.S. Environmental
Protection Agency, EPA New England
Regional Office, 5 Post Office Square—
Suite 100, (Mail code OEP05–2), Boston,
MA 02109–3912, tel. 617–918–1584, fax
617–918–0668, email
Mackintosh.David@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. Organization of this document.
The following outline is provided to aid
in locating information in this preamble.
I. What action is EPA taking?
II. What is the background for this action?
III. What is included in Maine’s submittals?
IV. EPA’s Evaluation of Maine’s Submittals
V. Final Action
VI. Incorporation by Reference
VII. Statutory and Executive Order Reviews
I. What action is EPA taking?
EPA is approving Maine’s Chapter
162, ‘‘Fiberglass Boat Manufacturing
Materials,’’ submitted on July 1, 2014, to
address EPA’s Control Techniques
Guidelines (CTG) for Fiberglass Boat
Manufacturing Materials (EPA–453/R–
08–004, September 2008). EPA is also
approving Maine’s revised Chapter 129,
‘‘Surface Coating Facilities,’’ submitted
on August 18, 2015, to address EPA’s
CTG for Miscellaneous Metal and
Plastic Parts Coatings (EPA–453/R–08–
003, September 2008). These two Maine
regulations implement RACT for the
applicable facility operations. Lastly,
EPA is approving Maine’s negative
declarations for two CTGs, Automobile
and Light-Duty Truck Assembly
Coatings (EPA–453/R–08–006,
September 2008) and Large Appliance
Coatings (EPA–453/R–07–004,
September 2007), which were submitted
on April 23, 2013.
II. What is the background for this
action?
Maine is part of the Ozone Transport
Region (OTR) under Section 184(a) of
the CAA. Sections 182(b)(2) and 184 of
the CAA compel states with moderate
and above ozone nonattainment areas,
as well as areas in the OTR,
respectively, to submit a SIP revision
requiring the implementation of RACT
for sources covered by a CTG and for all
major sources. A CTG is a document
issued by EPA which establishes a
‘‘presumptive norm’’ for RACT for a
specific VOC source category.
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]]>Agencies
[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Rules and Regulations]
[Pages 33392-33394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12371]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0202]
RIN 1625-AA00
Safety Zone; Monongahela River Mile 97.5 to Mile 100.5,
Morgantown, WV
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Monongahela River from mile 97.5 to mile 100.5.
The safety zone is needed to protect spectators, participants, and
personnel involved in the West Virginia Triathlon. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port Pittsburgh.
DATES: This rule is effective from 6 a.m. until 10 a.m. on June 19,
2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2016-0202 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, at telephone 412-221-0807, email
Jennifer.L.Haggins@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because the Coast Guard received notice on
March 1, 2016, that this event would take place. After receiving and
fully reviewing the event information, circumstances and exact
location, the Coast Guard determined that a safety zone is necessary to
protect spectators, participants, and the personnel involved in the
West Virginia Triathlon. It would be impracticable to complete the full
NPRM process for this safety zone because it needs to be established by
June, 19, 2016. The triathlon event has been advertised and the local
community has prepared for the event. For the same reasons, under 5
U.S.C. 553(d)(3), we find good cause for making this rule effective
less than 30 days after publication.
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 a
safety zone is needed on June 19, 2016. This rule is needed to protect
personnel, spectators, and participants in navigable waters during the
swimming portion of the West Virginia Triathlon.
IV. Discussion of the Rule
This rule establishes a safety zone on June 19, 2016, from 6 a.m.
until 10 a.m. The safety zone will cover all navigable waters on the
Monongahela River from mile 97.5 to mile 100.5. The duration of the
safety zone is intended to protect personnel, spectators, and
participants while the swimming portion of the West Virginia Triathlon
takes place. No vessel or person will be permitted to enter the
[[Page 33393]]
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 order 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, and duration of the safety zone. This safety zone impacts a
small portion of the waterway and for a limited duration of four hours.
Vessel traffic will be informed about the safety zone through local
notices to mariners. Moreover, the Coast Guard will issue Broadcast
Notices to Mariners via VHF-FM marine channel 16 about the zone and the
rule allows vessels to seek permission to transit 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 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
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 four hours that will prohibit entry
on all waters of the Monongahela River from mile 97.5 to mile 100.5
during the swimming portion of West Virginia Triathlon. 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:
[[Page 33394]]
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.T08-0202 to read as follows:
Sec. 165.T08-0202 Safety Zone, Monongahela River, Pittsburgh, PA.
(a) Location. The following area is a safety zone: all waters of
the Monongahela River, from mile 97.5 to 100.5, extending the entire
width of the waterway.
(b) Effective period. This section is effective, and will be
enforced, from 6 a.m. until 10 a.m. on June 19, 2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port Pittsburgh or a designated
representative.
(2) Persons or vessels requiring entry into or passage through the
zone must request permission from the Captain of the Port Pittsburgh or
a designated representative. The Captain of the Pittsburgh
representative may be contacted at 412-221-0807.
(3) All persons and vessels shall comply with the instructions of
the Captain of the Port Pittsburgh or their designated representative.
Designated Captain of the Port representatives include United States
Coast Guard commissioned, warrant, and petty officers.
(d) Information broadcasts. The Captain of the Port Pittsburgh 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 planned schedule.
Dated: April 25, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Captain of the Port Pittsburgh.
[FR Doc. 2016-12371 Filed 5-25-16; 8:45 am]
BILLING CODE 9110-04-P
