Safety Zone; Monongahela River Mile 97.5 to Mile 100.5, Morgantown, WV, 33392-33394 [2016-12371]

Download as PDF 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 http://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 sradovich on DSK3TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 17:45 May 25, 2016 Jkt 238001 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 http:// 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: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 E:\FR\FM\26MYR1.SGM 26MYR1 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 VerDate Sep<11>2014 17:45 May 25, 2016 Jkt 238001 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. PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 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: E:\FR\FM\26MYR1.SGM 26MYR1 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. sradovich on DSK3TPTVN1PROD with RULES [FR Doc. 2016–12371 Filed 5–25–16; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 17:45 May 25, 2016 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 http:// 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: PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://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. E:\FR\FM\26MYR1.SGM 26MYR1

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 http://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