[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38595-38599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14030]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2015-1029]
RIN 1625-AA00
Safety Zones; Coast Guard Sector Ohio Valley Annual and Recurring
Safety Zones Update
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is amending and updating its safety zones
relating to recurring fireworks shows and other events that take place
in the Coast Guard Sector Ohio Valley area of responsibility (AOR).
This rule informs the public of regularly scheduled events that require
additional safety measures through the establishing of a safety zone.
Through this rulemaking the current list of recurring safety zones is
updated with revisions, additional events, and removal of events that
no longer take place in Sector Ohio Valley's AOR. When these safety
zones are enforced, certain restrictions are placed on marine traffic
in specified areas.
DATES: This rule is effective June 14, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2015-1029 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 proposed
rule, call or email Petty Officer James Robinson, Sector Ohio Valley,
U.S. Coast Guard; telephone (502) 779-5347, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
[[Page 38596]]
II. Background Information and Regulatory History
The Captain of the Port (COTP) Ohio Valley is establishing,
amending, and updating its current list of recurring safety zones
codified in Table 1 of 33 CFR 165.801, for the COTP Ohio Valley zone.
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). The public comment period ended on
June 6, 2016. Before the comment period closed, the Coast Guard
received information regarding two of the events. For the event listed
in Table 1, Line 21, the event sponsor provided a new location and for
the event listed in Table 1, Line 56, the event sponsor requested that
for 2016 the event be held on July 1 instead of July 4. See Section IV.
for more information on these two events.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. Though we are not
providing a full 30 day notice period, the Coast Guard is now providing
less than 30 days notice before the first recurring event enforcement
is required on July 2. It is impracticable to provide a full 30-days
notice because this rule must be effective July 2, 2016.
III. Legal Authority and Need for Rule
The Coast Guard's authority for establishing a safety zone is
contained at 33 U.S.C. 1231. The Coast Guard is amending and updating
the safety zones under 33 CFR part 165 to include the most up to date
list of recurring safety zones for events held on or around navigable
waters within the Sector Ohio Valley AOR. These events include
fireworks displays, air shows, and others. The current list in Table 1
of 33 CFR 165.801 requires amending to provide new information on
existing safety zones, include new safety zones expected to recur
annually or biannually, and to remove safety zones that are no longer
required. Issuing individual regulations for each new safety zone,
amendment, or removal of an existing safety zone creates unnecessary
administrative costs and burdens. This rulemaking reduces
administrative overhead and provides the public with notice through
publication in the Federal Register of the upcoming recurring safety
zones.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received information correcting the location for
one recurring event and a date change for another from the event
sponsors during the NPRM comment period. Therefore for 2016, we will be
issuing a temporary final rule under Docket number 2016-0502 to
establish a safety zone for the Riverfront Independence Festival
Fireworks event, listed in Table 1, Line 21. The temporary final rule
will be issued because for 2016, the event sponsor requested to change
the location of the event from Ohio River, Mile 602.0-603.5 (Indiana)
to Ohio River, Mile 607.5-608.6 (Indiana). If the event sponsor decides
to continue to hold the event annually at the new location, the Coast
Guard will publish an NPRM in the Federal Register to permanently
change the event location.
In addition for 2016, we will be issuing a temporary final rule
under Docket number 2016-0279 to establish a safety zone for the
Kindred Communications/Dawg Dazzle event, listed in Table 1, Line 56.
The temporary final rule will reflect that for 2016 the event will be
held on July 1 instead of July 4, which is the date listed in this
final rule. If the event sponsor decides to continue to hold the event
annually on July 1, the Coast Guard will publish an NPRM in the Federal
Register to permanently change the event date.
All other proposed amendments will be adopted without change from
the NPRM.
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.
The Coast Guard expects the economic impact of this rule to be
minimal, and therefore a full regulatory evaluation is unnecessary.
This rule establishes safety zones limiting access to certain areas
under 33 CFR 165 within Sector Ohio Valley's AOR. The effect of this
rulemaking will not be significant because these safety zones are
limited in scope and duration. Additionally, the public is given
advance notification through local forms of notice, the Federal
Register, and/or Notices of Enforcement and thus will be able to plan
around the safety zones in advance. Deviation from the safety zones
established through this proposed rulemaking may be requested from the
appropriate COTP and requests will be considered on a case-by-case
basis. Broadcast Notices to Mariners and Local Notices to Mariners will
also inform the community of these safety zones so that they may plan
accordingly for these short restrictions on transit. Vessel traffic may
request permission from the COTP Ohio Valley or a designated
representative to enter the restricted areas.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard received 0 comments from the Small Business
Administration on this rulemaking. The Coast Guard certifies under 5
U.S.C. 605(b) that this rule will not have a significant economic
impact on a substantial number of small entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
the safety zone areas during periods of enforcement. The safety zones
will not have a significant economic impact on a substantial number of
small entities because they are limited in scope and will be in effect
for short periods of time. Before the enforcement period, the Coast
Guard COTP will issue maritime advisories widely available to waterway
users. Deviation from the safety zones established through this
rulemaking may be requested from the appropriate COTP and requests will
be considered on a case-by-case basis.
Under section 213(a) of the Small Business Regulatory Enforcement
[[Page 38597]]
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
proposed rule is categorically excluded under section 2.B.2, figure 2-
1, paragraph (34(g)) of the Instruction because it involves
establishment of safety zones.
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.
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. Amend Sec. 165.801 by revising table 1 to read as follows:
Sec. 165.801 Annual Fireworks displays and other events in Sector
Ohio Valley's AOR.
* * * * *
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Date Sponsor/name Location Safety zone
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1. Multiple days--April through Pittsburgh Pirates/ Pittsburgh, PA................. Allegheny River,
November. Pittsburgh Pirates Mile 0.2-0.8
Fireworks. (Pennsylvania).
2. Multiple days--April through Cincinnati Reds/ Cincinnati, OH................. Ohio River, Mile
November. Cincinnati Reds 470.1-470.4;
Season Fireworks. extending 500 ft.
from the State of
Ohio shoreline
(Ohio).
3. 2 days--Third Friday and Thunder Over Louisville, KY................. Ohio River, Mile
Saturday in April. Louisville/Thunder 602.0-606.0
Over Louisville. (Kentucky).
4. Last Sunday in May............. Friends of Ironton... Ironton, OH.................... Ohio River, Mile
326.7-327.7 (Ohio).
5. 3 days--Third weekend in April. Henderson Tri-Fest/ Henderson, KY.................. Ohio River, Mile
Henderson Breakfast 803.5-804.5
Lions Club. (Kentucky).
6. 1 day--A Saturday in July...... Paducah Parks and Paducah, KY.................... Ohio River, Mile
Recreation 934.0-936.0
Department/Cross (Kentucky).
River Swim.
7. 1 day--First weekend in June... Bellaire All-American Bellaire, OH................... Ohio River, Mile
Days. 93.5-94.5 (Ohio).
8. 2 days--Second weekend of June. Rice's Landing Rices Landing, PA.............. Monongahela River,
Riverfest. Mile 68.0-68.8
(Pennsylvania).
9. 1 day--First Sunday in June.... West Virginia Charleston, WV................. Kanawha River, Mile
Symphony Orchestra/ 59.5-60.5 (West
Symphony Sunday. Virginia).
10. 1 day--Saturday before 4th of Riverfest Inc./Saint St. Albans, WV................. Kanawha River, Mile
July. Albans Riverfest. 46.3-47.3 (West
Virginia).
11. 1 day--4th July............... Greenup City......... Greenup, KY.................... Ohio River, Mile
335.2-336.2
(Kentucky).
12. 1 day--4th July............... Middleport Community Middleport, OH................. Ohio River, Mile
Association. 251.5-252.5 (Ohio).
13. 1 day--4th July............... People for the Point South Point, OH................ Ohio River, Mile 317-
Party in the Park. 318 (Ohio).
[[Page 38598]]
14. 1 day--Last weekend in June or Riverview Park Louisville, KY................. Ohio River, Mile
first weekend in July. Independence 618.5-619.5
Festival. (Kentucky).
15. 1 day--Third or fourth week in Upper Ohio Valley Wheeling, WV................... Ohio River, Mile
July. Italian Heritage 90.0-90.5 (West
Festival/Upper Ohio Virginia).
Valley Italian
Heritage Festival
Fireworks.
16. 1 day--4th or 5th of July..... City of Cape Cape Girardeau, MO............. Upper Mississippi
Girardeau July 4th River, Mile 50.0-
Fireworks Show on 52.0.
the River.
17. 1 day--Third or fourth of July Harrah's Casino/ Metropolis, IL................. Ohio River, Mile
Metropolis Fireworks. 942.0-945.0
(Illinois).
18. 1 day--During the first week Louisville Bats Louisville, KY................. Ohio River, Mile
of July. Baseball Club/ 603.0-604.0
Louisville Bats (Kentucky).
Firework Show.
19. 1 day--July 4th............... Waterfront Louisville, KY................. Ohio River, Mile
Independence 603.0-604.0
Festival/Louisville (Kentucky).
Orchestra Waterfront
4th.
20. 1 day--During the first week Celebration of the Owensboro, KY.................. Ohio River, Mile
of July. American Spirit 755.0-759.0
Fireworks/All (Kentucky).
American 4th of July.
21. 1 day--During the first week Riverfront New Albany, IN................. Ohio River, Mile
of July. Independence 602.0-603.5
Festival Fireworks. (Indiana).
22. 1 day--July 4th............... Shoals Radio Group/ Florence, AL................... Tennessee River,
Spirit of Freedom Mile 255.0-257.0
Fireworks. (Alabama).
23. 1 day--Saturday before July Town of Cumberland Cumberland City, TN............ Cumberland River,
4th. City/Lighting up the Mile 103.0-105.0
Cumberlands (Tennessee).
Fireworks.
24. 1 day--July 4th............... Knoxville office of Knoxville, TN.................. Tennessee River,
Special Events/ Mile 647.0-648.0
Knoxville July 4th (Tennessee).
Fireworks.
25. 1 day--July 4th............... NCVC/Music City July Nashville, TN.................. Cumberland River,
4th. Mile 190.0-192.0
(Tennessee).
26. 1 day--Saturday before July Grand Harbor Marina/ Counce, TN..................... Tennessee-Tombigbee
4th, or Saturday after July 4th. Grand Harbor Marina Waterway, Mile
July 4th Celebration. 450.0-450.5
(Tennessee).
27. 1 day--Second Saturday in July City of Bellevue, KY/ Bellevue, KY................... Ohio River, Mile
Bellevue Beach Park 468.2-469.2
Concert Fireworks. (Kentucky and
Ohio).
28. 1 day--Sunday before Labor Day Cincinnati Bell, Cincinnati, OH................. Ohio River, Mile
WEBN, and Proctor 469.2-470.5
and Gamble/Riverfest. (Kentucky and
Ohio).
29. 1 day--July 4th............... Summer Motions Inc./ Ashland, KY.................... Ohio River, Mile
Summer Motion. 322.1-323.1
(Kentucky).
30. 1 day--Last weekend in June or City of Point Point Pleasant, WV............. Ohio River, Mile
First weekend in July. Pleasant/Point 265.2-266.2 (West
Pleasant Sternwheel Virginia).
Fireworks.
31. 1 day--July 3rd or 4th........ City of Charleston/ Charleston, WV................. Kanawha River, Mile
City of Charleston 58.1-59.1 (West
Independence Day Virginia).
Celebration.
32. 1 day--July 4th............... Civic Forum/Civic Portsmouth, OH................. Ohio River, Mile
Forum 4th of July 355.5-356.5 (Ohio).
Celebration.
33. 1 day--Second Saturday in Guyasuta Days Pittsburgh, PA................. Allegheny River,
August. Festival/Borough of Mile 005.5-006.0
Sharpsburg. (Pennsylvania).
34. 1 day--Third week in October.. Pittsburgh Foundation/ Pittsburgh, PA................. Ohio River, Mile 0.0-
Bob O'Connor Cookie 0.5 (Pennsylvania).
Cruise.
35. 1 day--Second full week of PA FOB Fireworks Pittsburgh, PA................. Allegheny River,
August. Display. Mile 0.8-1.0
(Pennsylvania).
36. 1 day--Third week of August... Beaver River Regatta Beaver, PA..................... Ohio River, Mile
Fireworks. 25.2-25.8
(Pennsylvania).
37. 1 day--December 31............ Pittsburgh Cultural Pittsburgh, PA................. Allegheny River
Trust/Highmark First Mile, 0.5-1.0
Night Pittsburgh. (Pennsylvania).
38. 1 day--Friday before Pittsburgh Downtown Pittsburgh, PA................. Allegheny River,
Thanksgiving. Partnership/Light Up Mile 0.0-1.0
Night. (Pennsylvania).
39. Multiple days--April through Pittsburgh Pittsburgh, PA................. Monongahela River,
November. Riverhounds/ Mile 0.22-0.77
Riverhounds (Pennsylvania).
Fireworks.
40. 3 days--Second or third Hadi Shrine/ Evansville, IN................. Ohio River, Miles
weekend in June. Evansville Freedom 791.0-795.0
Festival Air Show. (Indiana).
41. 1 day--Second or third Friends of the Chattanooga, TN................ Tennessee River,
Saturday in June, the last day of Festival, Inc./ Mile 463.5-464.5
the Riverbend Festival. Riverbend Festival (Tennessee).
Fireworks.
42. 2 days--Second Friday and City of Newport, KY/ Newport, KY.................... Ohio River, Miles
Saturday in June. Italianfest. 469.6-470.0
(Kentucky and
Ohio).
43. 1 day--Last Saturday in June.. City of Aurora/Aurora Aurora, IN..................... Ohio River Mile,
Firecracker Festival. 496.7; 1400 ft.
radius from the
Consolidated Grain
Dock located along
the State of
Indiana shoreline
at (Indiana and
Kentucky).
44. 1 day--second weekend in June. City of St. Albans/ St. Albans, WV................. Kanawha River, Mile
St. Albans Town Fair. 46.3-47.3 (West
Virginia).
45. 1 day--Saturday before July PUSH Beaver County/ Beaver, PA..................... Ohio River, Mile
4th. Beaver County Boom. 24.0-25.6
(Pennsylvania).
46. 1 day--4th of July (Rain date-- Monongahela Area Monongahela, PA................ Monongahela River,
July 5th). Chamber of Commerce/ Mile 032.0-033.0
Monongahela 4th of (Pennsylvania).
July Celebration.
47. 1 day--Saturday Third or Oakmont Yacht Club/ Oakmont, PA.................... Allegheny River,
Fourth full week of July (Rain Oakmont Yacht Club Mile 12.0-12.5
date--following Sunday). Fireworks. (Pennsylvania).
[[Page 38599]]
48. 1 day--Week of July 4th....... Three Rivers Regatta Pittsburgh, PA................. Ohio River, Mile 0.0-
Fireworks/EQT 4th of 0.5, Allegheny
July Celebration. River, Mile 0.0-
0.5, and
Monongahela River,
Mile 0.0-0.5
(Pennsylvania).
49. 1 day--3rd or 4th of July..... City of Paducah, KY.. Paducah, KY.................... Ohio River, Mile
934.0-936.0;
Tennessee River,
mile 0.0-1.0
(Kentucky).
50. 1 day--3rd or 4th of July..... City of Hickman, KY.. Hickman, KY.................... Lower Mississippi
River, Mile 921.0-
923.0 (Kentucky).
51. 1 day--During the first week Evansville Freedom Evansville, IN................. Ohio River, Miles
of July. Celebration. 791.0-795.0
(Indiana).
52. 3 days--One of the first two Madison Regatta, Inc./ Madison, IN.................... Ohio River, Miles
weekends in July. Madison Regatta. 555.0-560.0
(Indiana).
53. 1 day--July 4th............... Cities of Cincinnati, Newport, KY.................... Ohio River, Miles
OH and Newport, KY/ 469.6-470.2
July 4th Fireworks. (Kentucky and
Ohio).
54. 2 days--second weekend in July Marietta Riverfront Marietta, OH................... Ohio River, Mile
Roar/Marietta 171.6-172.6 (Ohio).
Riverfront Roar.
55. 1 day--1st weekend in July.... Gallia County Chamber Gallipolis, OH................. Ohio River, Mile
of Commerce/ 269.5-270.5 (Ohio).
Gallipolis River
Recreation Festival.
56. 1 day--July 4th............... Kindred Huntington, WV................. Ohio River, Mile
Communications/Dawg 307.8-308.8 (West
Dazzle. Virginia).
57. 1 day--Last weekend in August. Swiss Wine Festival/ Ghent, KY...................... Ohio River, Mile 537
Swiss Wine Festival (Kentucky).
Fireworks Show.
58. 1 day--Saturday of Labor Day University of Pittsburgh, PA................. Allegheny River,
weekend. Pittsburgh Athletic Mile 0.0-0.25
Department/ (Pennsylvania).
University of
Pittsburgh Fireworks.
59. Sunday, Monday, or Thursday Pittsburgh Steelers Pittsburgh, PA................. Ohio River, Mile 0.3-
from September through January. Fireworks. Allegheny River,
Mile 0.2
(Pennsylvania).
60. 3 days--Third weekend in Wheeling Heritage Wheeling, WV................... Ohio River, Mile
September. Port Sternwheel 90.2-90.7 (West
Festival Foundation/ Virginia).
Wheeling Heritage
Port Sternwheel
Festival.
61. 1 day--Second Saturday in Ohio River Sternwheel Marietta, OH................... Ohio River, Mile
September. Festival Committee 171.5-172.5 (Ohio).
fireworks.
62. 1 day--Second weekend of Leukemia and Lymphoma Nashville, TN.................. Cumberland River,
October. Society/Light the Mile 190.0-192.0
Night Walk Fireworks. (Tennessee).
63. 1 day--First Saturday in West Virginia Motor Charleston, WV................. Kanawha River, Mile
October. Car Festival. 58-59 (West
Virginia).
64. 1 day--Friday before Kittanning Light Up Kittanning, PA................. Allegheny River,
Thanksgiving. Night Firework Mile 44.5-45.5
Display. (Pennsylvania).
65. 1 day--First week in October.. Leukemia & Lymphoma Pittsburgh, PA................. Ohio River, Mile 0.0-
Society/Light the 0.4 (Pennsylvania).
Night.
66. 1 day--Friday before Duquesne Light/Santa Pittsburgh, PA................. Monongahela River,
Thanksgiving. Spectacular. Mile 0.00-0.22,
Allegheny River,
Mile 0.00-0.25, and
Ohio River, Mile
0.0-0.3
(Pennsylvania).
----------------------------------------------------------------------------------------------------------------
* * * * *
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