[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63695-63697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22281]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0864]
RIN 1625-AA08
Special Local Regulation; Ohio River, Owensboro, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation on
the Ohio River from mile 755.0 to mile 759.0 in Owensboro, KY on
September 30, 2016 through October 2, 2016. This special regulation is
necessary to provide for the safety of life on these navigable waters
near Owensboro, KY, during the Owensboro Air Show. This rulemaking
prohibits transit into, through, and within the regulated area unless
authorized by the Captain of the Port Ohio Valley or a designated
representative.
DATES: This rule is effective from 12 p.m. on September 30, 2016
through 4:30 p.m. on October 2, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0864 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket
[[Page 63696]]
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
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 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 event is being held outside of
the date and location currently contemplated in the publication. It is
impracticable to publish an NPRM because we must establish this special
local regulation by September 30, 2016.
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. Delaying this rule
would be unnecessary as this event is a recurring event and mariners
familiar with this location on the Ohio River are aware that in mid to
late September, a weekend event air show takes place. This year, the
event will occur 01 weekend later than is currently published in the
Federal Register. Furthermore, delaying this rule would be contrary to
public interest of ensuring the safety of spectators and vessels during
the event and immediate action is necessary to prevent possible loss of
life and property. Broadcast Notices to Mariners (BNM) and information
sharing with the waterway users will update mariners of the
restrictions, requirements and enforcement times during this temporary
situation.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Ohio Valley (COTP) has determined that
potential hazards associated with the air show starting September 30,
2016 will be a safety concern for anyone within the regulated area. The
purpose of this rule is to ensure safety of life on the navigable
waters in the temporary regulated area before, during, and after the
Owensboro Air Show.
IV. Discussion of the Rule
The Coast Guard will establish a special local regulation from
September 30, 2016 through October 2, 2016. The special local
regulation will cover all navigable waters from mile 755.0 to 759.0 on
the Ohio River in the vicinity of Owensboro, KY. Transit into and
through this area is prohibited from 12 p.m. to 3:30 p.m. on September
30, 2016, 12 p.m. to 4:30 p.m. on October 01, 2016, and 12 p.m. to 4:30
p.m. on October 2, 2016. The duration of the regulation is intended to
protect participants, spectators, and other persons and vessels before,
during, and after the scheduled air show. No vessel or person will be
permitted to enter the special local regulation without obtaining
permission from the COTP or a designated representative. Deviation
requests will be considered and reviewed on a case-by-case basis. The
COTP Ohio Valley may be contacted by telephone at 1-800-253-7475 or can
be reached by VHF-FM channel 16. Public notifications will be made to
the local maritime community prior to the event through the Local
Notice to Mariners, and Broadcast Notice to Mariners.
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, duration, and time-of-year of the special local regulation.
The temporary special local regulation will only be in effect for less
than five hours each day. The Coast Guard expects minimum adverse
impact to mariners from the special local regulation's activation as
the event has been advertised to the public. Also, mariners may request
authorization from the COTP Ohio Valley or the designated
representatives to transit 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 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
regulated area may be small entities, for the reasons stated in section
V. 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. 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.
[[Page 63697]]
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, KY
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 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 special local regulation lasting less than five hours a
day that will prohibit entry on all waters of the Ohio River, surface
to bottom, extending from mile 755.0 to 759.0. It is categorically
excluded from further review under paragraph 34(h) 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.
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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
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 Sec. 100.35T08-0864 to read as follows:
Sec. 100.35T08-0864 Special Local Regulation; Ohio River, Owensboro,
KY.
(a) Regulated area. All waters of the Ohio River beginning at mile
marker 755.0 and ending at mile marker 759.0 in Owensboro, KY.
(b) Period of enforcement. This rule will be enforceable from 12
p.m. to 3:30 p.m. on September 30, 2016, 12 p.m. to 4:30 p.m. on
October 1, 2016, and 12 p.m. to 4:30 p.m. on October 2, 2016.
(c) Special local regulations. (1) Persons or vessels desiring to
enter into or passage through the zone must request permission from the
COTP Ohio Valley or a designated representative. They may be contacted
on VHF-FM radio channel 16 or phone at 1-800-253-7465.
(2) The Coast Guard will patrol the regulated area under the
direction of a designated Coast Guard Patrol Commander. The Patrol
Commander may be contacted via VHF-FM radio channel 16 or by phone at
502-587-8633.
(3) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(d) Informational broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the planned schedule.
Dated: September 12, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-22281 Filed 9-15-16; 8:45 am]
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