Safety Zone; Ohio River Mile 43.2 to Mile 43.6, East Liverpool, OH, 38599-38601 [2016-14027]

Download as PDF Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38599 Date Sponsor/name Location Safety zone 48. 1 day—Week of July 4th ............... Three Rivers Regatta Fireworks/EQT 4th of July Celebration. Pittsburgh, PA ........... 49. 1 day—3rd or 4th of July ............... City of Paducah, KY ............................ Paducah, KY ............. 50. 1 day—3rd or 4th of July ............... City of Hickman, KY ............................ Hickman, KY .............. 51. 1 day—During the first week of July. 52. 3 days—One of the first two weekends in July. 53. 1 day—July 4th .............................. Evansville Freedom Celebration ......... Evansville, IN ............ Madison Regatta, Inc./Madison Regatta. Cities of Cincinnati, OH and Newport, KY/July 4th Fireworks. Marietta Riverfront Roar/Marietta Riverfront Roar. Gallia County Chamber of Commerce/ Gallipolis River Recreation Festival. Kindred Communications/Dawg Dazzle. Swiss Wine Festival/Swiss Wine Festival Fireworks Show. University of Pittsburgh Athletic Department/University of Pittsburgh Fireworks. Pittsburgh Steelers Fireworks ............. Madison, IN ............... Marietta, OH .............. Ohio River, Mile 0.0–0.5, Allegheny River, Mile 0.0–0.5, and Monongahela River, Mile 0.0–0.5 (Pennsylvania). Ohio River, Mile 934.0–936.0; Tennessee River, mile 0.0–1.0 (Kentucky). Lower Mississippi River, Mile 921.0– 923.0 (Kentucky). Ohio River, Miles 791.0–795.0 (Indiana). Ohio River, Miles 555.0–560.0 (Indiana). Ohio River, Miles 469.6–470.2 (Kentucky and Ohio). Ohio River, Mile 171.6–172.6 (Ohio). Gallipolis, OH ............ Ohio River, Mile 269.5–270.5 (Ohio). Huntington, WV ......... Ohio River, Mile 307.8–308.8 (West Virginia). Ohio River, Mile 537 (Kentucky). 54. 2 days—second weekend in July .. 55. 1 day—1st weekend in July .......... 56. 1 day—July 4th .............................. 57. 1 day—Last weekend in August ... 58. 1 day—Saturday of Labor Day weekend. 59. Sunday, Monday, or Thursday from September through January. 60. 3 days—Third weekend in September. 61. 1 day—Second Saturday in September. 62. 1 day—Second weekend of October. 63. 1 day—First Saturday in October .. 64. 1 day—Friday before Thanksgiving 65. 1 day—First week in October ........ 66. 1 day—Friday before Thanksgiving * * * * Wheeling Heritage Port Sternwheel Festival Foundation/Wheeling Heritage Port Sternwheel Festival. Ohio River Sternwheel Festival Committee fireworks. Leukemia and Lymphoma Society/ Light the Night Walk Fireworks. West Virginia Motor Car Festival ........ Kittanning Light Up Night Firework Display. Leukemia & Lymphoma Society/Light the Night. Duquesne Light/Santa Spectacular ..... * ACTION: Dated: June 9, 2016. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016–14030 Filed 6–13–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard sradovich on DSK3TPTVN1PROD with RULES 33 CFR Part 165 [Docket Number USCG–2016–0389] RIN 1625–AA00 Safety Zone; Ohio River Mile 43.2 to Mile 43.6, East Liverpool, OH AGENCY: Coast Guard, DHS. VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 Newport, KY .............. Ghent, KY .................. Pittsburgh, PA ........... Allegheny River, Mile 0.0–0.25 (Pennsylvania). Pittsburgh, PA ........... Ohio River, Mile 0.3–Allegheny River, Mile 0.2 (Pennsylvania). Ohio River, Mile 90.2–90.7 (West Virginia). Wheeling, WV ........... Marietta, OH .............. Ohio River, Mile 171.5–172.5 (Ohio). Nashville, TN ............. Cumberland River, Mile 190.0–192.0 (Tennessee). Kanawha River, Mile 58–59 (West Virginia). Allegheny River, Mile 44.5–45.5 (Pennsylvania). Ohio River, Mile 0.0–0.4 (Pennsylvania). Monongahela River, Mile 0.00–0.22, Allegheny River, Mile 0.00–0.25, and Ohio River, Mile 0.0–0.3 (Pennsylvania). Charleston, WV ......... Kittanning, PA ........... Pittsburgh, PA ........... Pittsburgh, PA ........... Temporary final rule. The Coast Guard is establishing a temporary safety zone for navigable waters of the Ohio River from mile 43.2 to mile 43.6. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created from a bargebased fireworks display. 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 on July 2, 2016, from 9 p.m. until 10:30 p.m. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0389 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. SUMMARY: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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: FOR FURTHER INFORMATION CONTACT: 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 E:\FR\FM\14JNR1.SGM 14JNR1 38600 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 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 April 26, 2016 that this fireworks display 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 personnel, vessels, and the marine environment from potential hazards created from a barge-based fireworks display on the navigable waterway. It would be impracticable to complete the full NPRM process for this safety zone because it needs to be established by July 2, 2016. The fireworks display has been advertised and the local community has prepared for the event. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. For these same reasons, the Coast Guard finds good cause for implementing this rule less than thirty days before the effective date of the rule. sradovich on DSK3TPTVN1PROD with RULES 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 July 2, 2016. This rule is needed to protect personnel, vessels, and the marine environment from potential hazards created from a bargebased fireworks display. IV. Discussion of the Rule This rule establishes a safety zone on July 2, 2016 from 10:00 p.m. until 11:30 p.m. The safety zone will cover all navigable waters on the Ohio River from mile 43.2 to mile 43.6. The duration of the safety zone is intended to protect personnel, vessels, and the marine environment from potential hazards created from a barge-based firework 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 VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 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 less than two 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. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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 E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations § 165.T08–0389 Safety Zone, Ohio River, East Liverpool, OH. 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 two hours that will prohibit entry on the Ohio River between mile 43.2 and mile 43.6, during the barge-based firework event. 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. sradovich on DSK3TPTVN1PROD with RULES 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. 16:33 Jun 13, 2016 Jkt 238001 This regulation is effective June 14, 2016. Objections and requests for hearings must be received on or before August 15, 2016, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). DATES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2013–0235, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: A. Does this action apply to me? ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: 1. The authority citation for part 165 continues to read as follows: the existing tolerance for egg that was inadvertently omitted in a previous action. I. General Information BILLING CODE 9110–04–P Chlorantraniliprole; Pesticide Tolerances ■ VerDate Sep<11>2014 [FR Doc. 2016–14027 Filed 6–13–16; 8:45 am] [EPA–HQ–OPP–2013–0235; FRL–9946–75] PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 2. Add § 165.T08–0389 to read as follows: Dated: May 27, 2016. L. McClain, Jr., Commander, U.S. Coast Guard, Acting Captain of the Port Pittsburgh. 40 CFR Part 180 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: ■ (a) Location. The following area is a safety zone: Ohio River mile 43.2 to mile 43.6. (b) Enforcement. This rule will be enforced, from 10:00 p.m. until 11:30 p.m. on July 2, 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. 38601 This regulation establishes tolerances for residues of chlorantraniliprole in or on multiple commodities which are identified and discussed later in this document. Interregional Research Project Number 4 (IR–4) requested the tolerances associated with pesticide petition number (PP) 5E8371, under the Federal Food, Drug, and Cosmetic Act (FFDCA). Additionally, the Agency is amending SUMMARY: PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. The following list of North American Industrial Classification System (NAICS) codes is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. Potentially affected entities may include: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). B. How can I get electronic access to other related information? You may access a frequently updated electronic version of EPA’s tolerance regulations at 40 CFR part 180 through E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38599-38601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14027]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0389]
RIN 1625-AA00


Safety Zone; Ohio River Mile 43.2 to Mile 43.6, East Liverpool, 
OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
navigable waters of the Ohio River from mile 43.2 to mile 43.6. The 
safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created from a barge-based fireworks 
display. 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 on July 2, 2016, from 9 p.m. until 10:30 
p.m.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0389 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

[[Page 38600]]

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 April 26, 2016 that 
this fireworks display 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 
personnel, vessels, and the marine environment from potential hazards 
created from a barge-based fireworks display on the navigable waterway. 
It would be impracticable to complete the full NPRM process for this 
safety zone because it needs to be established by July 2, 2016. The 
fireworks display has been advertised and the local community has 
prepared for the event.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. For these same reasons, the Coast 
Guard finds good cause for implementing this rule less than thirty days 
before the effective date of the rule.

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 July 2, 2016. This rule is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created from a barge-based fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone on July 2, 2016 from 10:00 p.m. 
until 11:30 p.m. The safety zone will cover all navigable waters on the 
Ohio River from mile 43.2 to mile 43.6. The duration of the safety zone 
is intended to protect personnel, vessels, and the marine environment 
from potential hazards created from a barge-based firework 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, and duration of the safety zone. This safety zone impacts a 
small portion of the waterway and for a limited duration of less than 
two 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

[[Page 38601]]

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 two hours that will 
prohibit entry on the Ohio River between mile 43.2 and mile 43.6, 
during the barge-based firework event. 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.T08-0389 to read as follows:


Sec.  165.T08-0389  Safety Zone, Ohio River, East Liverpool, OH.

    (a) Location. The following area is a safety zone: Ohio River mile 
43.2 to mile 43.6.
    (b) Enforcement. This rule will be enforced, from 10:00 p.m. until 
11:30 p.m. on July 2, 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: May 27, 2016.
L. McClain, Jr.,
Commander, U.S. Coast Guard, Acting Captain of the Port Pittsburgh.
[FR Doc. 2016-14027 Filed 6-13-16; 8:45 am]
 BILLING CODE 9110-04-P