[Federal Register Volume 81, Number 98 (Friday, May 20, 2016)]
[Proposed Rules]
[Pages 31883-31884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11823]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0158]
RIN 1625-AA08
Special Local Regulation; Ohio River, Lawrenceburg, IN
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to establish a special local
regulation for all waters of the Ohio River, surface to bottom,
extending from Ohio River mile 492.0 to 495.5 at Lawrenceburg, IN, June
18, 2016 with an alternate date of June 19, 2016. This special local
regulation is necessary to provide for the safety of life on these
navigable waters near Lawrenceburg, IN, during a high-speed boat race
on June 18, 2016. This proposed rulemaking would prohibit persons and
vessels from being in the regulated area unless authorized by the
Captain of the Port Ohio Valley or a designated representative. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 6, 2016.
ADDRESSES: You may submit comments identified by docket number USCG-
2016-0158 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Andrew Prescott,
Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5334, email
[email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On January 29, 2016, the Breakwater Powerboat Association notified
the Coast Guard that it will be sponsoring a high-speed boat race from
7:30 a.m. to 6:30 p.m. on June 18, 2016. Alternate time and date will
be from 10:00 a.m. to 2:00 p.m. June 19, 2016. The boat race will take
place at Ohio River mile 492.0 to 495.5 in the vicinity of
Lawrenceburg, IN. The Captain of the Port Ohio Valley (COTP) has
determined that potential hazards associated with a high- speed regatta
would be a safety concern for anyone within in the regulated area.
The purpose of this rulemaking is to ensure the safety of vessels,
spectators and the navigable waters within the regulated area before,
during, and after the scheduled event. The Coast Guard proposes this
rulemaking under authority in 33 U.S.C. 1231.
III. Discussion of Proposed Rule
The COTP proposes to establish a special local regulation from 7:30
a.m. to 6:30 p.m. on June 18, 2016. The special local regulation would
cover all navigable waters of the Ohio River from mile 492.0 to 495.5
in Lawrenceburg, IN. The duration of the regulated area is intended to
ensure the safety of vessels, spectators and these navigable waters
before, during, and after the scheduled high-speed regatta. No vessel
or person would be permitted to enter the regulated area without
obtaining permission from the COTP or a designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders (E.O.s) related to rulemaking. Below we summarize
our analyses based on a number of these statutes and E.O.s, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 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.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This NPRM has not been designated a ``significant
regulatory action,'' under E.O. 12866. Accordingly, the NPRM has not
been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the regulated area, and the rule
would allow vessels to seek permission to enter the regulated area.
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
proposed rule would not have a significant economic impact on a
substantial number of small entities.
While some owners or operators of vessels intending to transit the
regulated area may be small entities, for the reasons stated in section
IV.A above this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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. The Coast Guard will not retaliate against small entities that
question or complain about this proposed rule or any policy or action
of the Coast Guard.
[[Page 31884]]
C. Collection of Information
This proposed rule would 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 E.O. 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 proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in E.O. 13132.
Also, this proposed rule does not have tribal implications under
E.O. 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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 proposed 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 proposed rule would not
result in such expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 involves a special
local regulation lasting less than 12 hours that would prohibit entry
within the regulated area. Normally such actions are categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of
Commandant Instruction M16475.lD. A preliminary environmental analysis
checklist and 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 proposed 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.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at http://www.regulations.gov. If your material cannot be
submitted using http://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, you may review a Privacy Act notice regarding the Federal
Docket Management System in the March 24, 2005, issue of the Federal
Register (70 FR 15086).
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C 1233.
0
2. Add temporary Sec. 100.35T08-0158 to read as follows:
Sec. 100.35T08-0158 Special Local Regulation; Ohio River Mile 492.0
to 495.5, Lawrenceburg, IN.
(a) Location. All waters of the Ohio River beginning at mile marker
492.0 and ending at mile marker 495.5 at Lawrenceburg, IN.
(b) Periods of Enforcement. This rule will be enforced from 7:30
a.m. to 6:30 p.m. on June 18, 2016, unless the event is delayed due to
weather. If delayed, it will be enforced from 10:00 a.m. to 2:00 p.m.
June 19, 2016. The Captain of the Port Ohio Valley or a designated
representative will inform the public through broadcast notice to
mariners of the enforcement period for the special local regulation.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.801 of this part, entry into this area is prohibited unless
authorized by the Captain of the Port Ohio Valley or a designated
representative.
(2) Persons or vessels requiring entry into or passage through the
area must request permission from the Captain of the Port Ohio Valley
or a designated representative. U. S. Coast Guard Sector Ohio Valley
may be contacted on VHF Channel 13 or 16, or at 1-800-253-7465.
Dated: April 29, 2016.
R.V. Timme,
Captain, U. S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-11823 Filed 5-19-16; 8:45 am]
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