[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]
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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.
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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 [email protected].
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]
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