Safety Zone; Ohio River Mile 607.5 to 608.6, Indiana, 42530-42532 [2016-15571]

Download as PDF 42530 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: [Docket Number USCG–2016–0502] RIN 1625–AA00 Safety Zone; Ohio River Mile 607.5 to 608.6, Indiana 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. 2. Add § 165.T08–0616 to read as follows: ■ srobinson on DSK5SPTVN1PROD with RULES § 165.T08–0616 Safety Zone; Ohio River, Mile 317 to Mile 318, Ashland, KY. (a) Location. The following area is a safety zone: All waters of the Ohio River from mile 317 to mile 318. (b) Enforcement period. This safety zone will be enforced from 9:35 until 10:45 p.m. on July 2, 2016. Actual notice will be used for enforcement purposes. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Ohio Valley (COTP) or designated personnel. Persons or vessels desiring to enter into or pass through the zone must request permission from the COTP or a designated representative. They may be contacted on VHF–FM radio channel 16 or phone at 1–800–253–7465. (2) Persons and vessels permitted to deviate from this safety zone regulation and enter the restricted area must transit at the slowest safe speed and comply with all lawful directions issued by the COTP or a designated representative. (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts as appropriate of the enforcement period for each safety zone as well as any changes in the planned and published dates and times of enforcement. BILLING CODE 9110–04–P VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 Coast Guard, DHS. Temporary final rule. AGENCY: ■ [FR Doc. 2016–15572 Filed 6–29–16; 8:45 am] Coast Guard 33 CFR Part 165 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. DEPARTMENT OF HOMELAND SECURITY ACTION: The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River from mile 607.5 to mile 608.6. This temporary safety zone is necessary to protect persons and property from potential damage and safety hazards during a fireworks display on or over the navigable waterway. During the period of enforcement, entry into this safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative. SUMMARY: This rule is effective from 10:30 p.m. until 11:00 p.m. on July 3, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0502 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779–5347, email James.C.Robinson@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency finds good cause that those procedures are PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because fireworks displays on or over the navigable waterway poses safety concerns for waterway users. On March 7, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) entitled, ‘‘Sector Ohio Valley Annual and Recurring Safety Zones Update’’ (81 FR 11706). In the NPRM, the Coast Guard proposed to amend and update its list of recurring safety zone regulations that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). The public comment period ended on June 6, 2016. The Coast Guard did not receive comments on the NPRM. The Coast Guard issued a final rule on June 14, 2016, finalizing the events proposed in the NPRM, and the rule became effective on June 14, 2016 (see 81 FR 38595). Before the comment period closed, the Coast Guard received new information regarding the Riverfront Independence Festival Fireworks Display, listed in Table 1 of 33 CFR 165.801, Line 21. For 2016, the event sponsor requested that the event be held at Ohio River mile 607.5 to mile 608.6 instead of Ohio River, mile 602.0 to mile 603.5, which is the location listed in the NPRM and current CFR. It is impracticable to publish a NPRM for this location change because we must establish this safety zone by July 3, 2016. If the event sponsor decides to continue to hold the event annually at Ohio River mile 607.5 to mile 608.6, the Coast Guard will publish an NPRM in the Federal Register to permanently change the event location. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making the rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of the rule is contrary to the public interest as it would delay the effectiveness of the temporary safety zone needed to respond to potential related safety hazards until after the planned fireworks display. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The COTP has determined that potential hazards associated with fireworks displays taking place on or over this section of navigable waterway will be a safety concern for anyone within the area designated as the safety zone. This E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone during the fireworks display. IV. Discussion of the Rule This rule establishes a temporary safety zone from 10:30 p.m. until 11:00 p.m. on July 03, 2016 for all waters of the Ohio River from mile 607.5 to mile 608.6, for the Riverfront Independence Festival Fireworks Display. This safety zone is intended to protect personnel, vessels, and the marine environment in these navigable waters during the fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protestors. srobinson on DSK5SPTVN1PROD 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 temporary final rule establishes a safety zone that will be enforced for a limited time period. During the enforcement period, vessels are prohibited from entering into or remaining within the safety zone unless specifically authorized by the COTP or other designated representative. Based on the location, limited safety zone size, and short duration of the enforcement period, this rule does not pose a significant regulatory impact. Additionally, notice of the safety zone or any changes in the planned schedule will be made via Broadcast Notices to Mariners and Local Notices to Mariners. Deviation from this rule may be requested from the COTP or other designated representative and will be considered on a case-by-case basis. VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 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 PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 42531 power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that the actions are one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting less than two hours that will limit access to a specific area on the Ohio River. This safety zone is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. E:\FR\FM\30JNR1.SGM 30JNR1 42532 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations G. Protest Activities Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts as appropriate of the enforcement period for each safety zone as well as any changes in the planned and published dates and times of enforcement. 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. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. List of Subjects in 33 CFR Part 165 [FR Doc. 2016–15571 Filed 6–29–16; 8:45 am] BILLING CODE 9110–04–P Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: POSTAL SERVICE 39 CFR Part 233 Inspection Service Authority; Civil Monetary Penalty Inflation Adjustment PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ACTION: 1. The authority citation for part 165 continues to read as follows: ■ 2. Add § 165.T08–0502 to read as follows: ■ srobinson on DSK5SPTVN1PROD with RULES § 165.T08–0502 Safety Zone; Ohio River, Mile 607.5 to Mile 608.6. (a) Location. The following area is a safety zone: All waters of the Ohio River from mile 607.5 to mile 608.6. (b) Enforcement period. This safety zone will be enforced from 10:30 p.m. until 11:00 p.m. on July 3, 2016. (c) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port (COTP) Ohio Valley in the enforcement of the safety zone. (d) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or designated representative via VHF–FM radio channel 16 or phone at 1–800–253– 7465. (3) All persons and vessels shall comply with the instruction of the COTP and designated on-scene personnel. (e) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast 20:00 Jun 29, 2016 Jkt 238001 This rule updates postal regulations to implement inflation adjustments to civil monetary penalties that may be imposed under consumer protection and mailability provisions enforced by the Postal Service pursuant to the Deceptive Mail Prevention and Enforcement Act and the Postal Accountability and Enhancement Act. These adjustments are required under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This notice also includes the statutory civil monetary penalties subject to the 2015 Act. DATES: Effective date: August 1, 2016. FOR FURTHER INFORMATION CONTACT: Steven Sultan, (202) 268–7385. SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114–74, 129 Stat. 584, amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Act), Public Law 101–410, 104 Stat. 890 (28 U.S.C. 2461 note), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. Section 3 of the 1990 Act specifically includes the Postal Service in the definition of ‘‘agency’’ subject to its provisions. The 2015 Act requires the Postal Service to make two types of adjustments to civil penalties that meet the definition of ‘‘civil monetary penalty’’ under the 1990 Act. The Office of Management and Budget has furnished detailed instructions regarding these adjustments in memorandum M–16–06, Implementation of the Federal Civil SUMMARY: 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. VerDate Sep<11>2014 Postal Service. Interim final rule. AGENCY: PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 Penalties Inflation Adjustment Act Improvements Act of 2016 (February 24, 2016), www.whitehouse.gov/omb/ memoranda/2016/m-16-06. First, the Postal Service must make an initial ‘‘catch-up’’ adjustment to each of its qualifying civil monetary penalties through an interim final rule by July 1, 2016. The catch-up adjustment is based on the Consumer Price Index (CPI–U) and is calculated for each penalty. The amount of the adjustment is calculated by multiplying the current published penalty amount by an adjustment factor provided by the Office of Management and Budget (OMB). The adjustment factor varies depending on the year a penalty was last adjusted. The new penalty amount must be rounded to the nearest dollar. Second, the Postal Service must make an annual adjustment for inflation and publish the adjustment in the Federal Register by January 15 of each year, beginning in 2017. Each penalty will be adjusted as instructed by OMB based on CPI–U from the most recent October. The 2015 Act allows the interim final rule and annual inflation adjustments to be published without prior public notice or opportunity for public comment. Adjustments to Postal Service Civil Monetary Penalties Civil monetary penalties may be assessed for postal offenses under sections 106 and 108 of the Deceptive Mail Prevention and Enforcement Act, Public Law 106–168, 113 Stat. 1811, 1814 (see, 39 U.S.C. 3012(a), (c)(1), (d), and 3017(g)(2), (h)(1)(A)); and section 1008 of the Postal Accountability and Enhancement Act, Public Law 109–435, 120 Stat. 3259–3261 (see, 39 U.S.C. 3018 (c)(1)(A)). The statutory civil monetary penalties subject to the 2015 Act and the amount of each penalty after the ‘‘catchup’’ adjustment are as follows: 39 U.S.C. 3012(a)—False representations and lottery orders. Under 39 U.S.C. 3005(a)(1)–(3), the Postal Service may issue administrative orders prohibiting persons from using the mail to obtain money through false representations or lotteries. Persons who evade, attempt to evade, or fail to comply with an order to stop such prohibited practices may be liable to the United States for a civil penalty under 39 U.S.C. 3012(a). This section currently imposes a $50,000 penalty for each mailing less than 50,000 pieces, $100,000 for each mailing 50,000 to 100,000 pieces, and $10,000 for each piece above 100,000 up to a penalty of $2,000,000. These penalties were last adjusted in 2000. Based on the guidance E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42530-42532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15571]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Ohio River Mile 607.5 to 608.6, Indiana

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River from mile 607.5 to mile 608.6. This 
temporary safety zone is necessary to protect persons and property from 
potential damage and safety hazards during a fireworks display on or 
over the navigable waterway. During the period of enforcement, entry 
into this safety zone is prohibited unless specifically authorized by 
the Captain of the Port (COTP) Ohio Valley or a designated 
representative.

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

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0502 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. 
Coast Guard; telephone (502) 779-5347, email James.C.Robinson@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency finds good cause that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because fireworks displays on or over the 
navigable waterway poses safety concerns for waterway users. On March 
7, 2016, the Coast Guard published a notice of proposed rulemaking 
(NPRM) entitled, ``Sector Ohio Valley Annual and Recurring Safety Zones 
Update'' (81 FR 11706). In the NPRM, the Coast Guard proposed to amend 
and update its list of recurring safety zone regulations that take 
place in the Coast Guard Sector Ohio Valley area of responsibility 
(AOR). The public comment period ended on June 6, 2016. The Coast Guard 
did not receive comments on the NPRM. The Coast Guard issued a final 
rule on June 14, 2016, finalizing the events proposed in the NPRM, and 
the rule became effective on June 14, 2016 (see 81 FR 38595).
    Before the comment period closed, the Coast Guard received new 
information regarding the Riverfront Independence Festival Fireworks 
Display, listed in Table 1 of 33 CFR 165.801, Line 21. For 2016, the 
event sponsor requested that the event be held at Ohio River mile 607.5 
to mile 608.6 instead of Ohio River, mile 602.0 to mile 603.5, which is 
the location listed in the NPRM and current CFR. It is impracticable to 
publish a NPRM for this location change because we must establish this 
safety zone by July 3, 2016. If the event sponsor decides to continue 
to hold the event annually at Ohio River mile 607.5 to mile 608.6, the 
Coast Guard will publish an NPRM in the Federal Register to permanently 
change the event location.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making the rule effective less 
than 30 days after publication in the Federal Register. Delaying the 
effective date of the rule is contrary to the public interest as it 
would delay the effectiveness of the temporary safety zone needed to 
respond to potential related safety hazards until after the planned 
fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The COTP has determined that potential hazards associated with 
fireworks displays taking place on or over this section of navigable 
waterway will be a safety concern for anyone within the area designated 
as the safety zone. This

[[Page 42531]]

rule is needed to protect personnel, vessels, and the marine 
environment in the navigable waters within the safety zone during the 
fireworks display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 10:30 p.m. until 
11:00 p.m. on July 03, 2016 for all waters of the Ohio River from mile 
607.5 to mile 608.6, for the Riverfront Independence Festival Fireworks 
Display. This safety zone is intended to protect personnel, vessels, 
and the marine environment in these navigable waters during the 
fireworks display. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive Orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This temporary final rule establishes a safety zone that will be 
enforced for a limited time period. During the enforcement period, 
vessels are prohibited from entering into or remaining within the 
safety zone unless specifically authorized by the COTP or other 
designated representative. Based on the location, limited safety zone 
size, and short duration of the enforcement period, this rule does not 
pose a significant regulatory impact. Additionally, notice of the 
safety zone or any changes in the planned schedule will be made via 
Broadcast Notices to Mariners and Local Notices to Mariners. Deviation 
from this rule may be requested from the COTP or other designated 
representative and will be considered on a case-by-case basis.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that the 
actions are one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting less than two hours that will limit 
access to a specific area on the Ohio River. This safety zone is 
categorically excluded from further review under paragraph 34(g) of 
Figure 2-1 of the Commandant Instruction. An environmental analysis 
checklist supporting this determination and a Categorical Exclusion 
Determination are available in the docket where indicated under 
ADDRESSES. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this rule.

[[Page 42532]]

G. Protest Activities

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

List of Subjects in 33 CFR Part 165

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

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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

0
2. Add Sec.  165.T08-0502 to read as follows:

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

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

R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-15571 Filed 6-29-16; 8:45 am]
 BILLING CODE 9110-04-P