[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63698-63700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22319]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2016-0717]
RIN 1625-AA08
Special Local Regulation; Ohio River, Madison, IN
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a special local regulation for
all waters of the Ohio River, surface to bottom, extending from Ohio
River mile 557.5 to 558.5 in Madison, IN on September 17 and September
18, 2016. This action is necessary to provide for the safety of life on
these navigable waters near Madison, IN during the high-speed boat race
on September 17 and September 18, 2016. This regulation prohibits
persons and vessels from being in the regulated area unless authorized
by the Captain of the Port Ohio Valley or a designated representative.
DATES: This rule is effective from 8 a.m. on September 17, 2016 to 6
p.m. September 18, 2016.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type [USCG-
2016-0717] 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 Joshua Herriott, Sector Ohio Valley, U.S.
Coast Guard; telephone 502-779-5343, 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
On February 03, 2016, the ``5 to the 5'' Vintage Hydros
Organization notified the Coast Guard that it will be sponsoring a
high-speed boat race from 8:00 a.m. to 6:00 p.m. on September 17 and
September 18, 2016. The race will take place at Ohio River mile 557.5
to 558.5 in the vicinity of Madison, IN. The Captain of the Port Ohio
Valley (COTP) has determined that potential hazards associated with the
high-speed regatta would be a safety concern for anyone within in the
proposed regulated area.
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 there is not time to complete the
NPRM process due to unforeseen administrative delays. This event has
been advertised to the local community and waterway users and it would
be impracticable solicit public comment for this event because it must
be in place on September 17 and September 18, 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. This rule is necessary
for the safety of life during high-speed boat races on this section of
navigable waters. It would be impracticable to delay this rule to
provide a full 30 days notice because the event is scheduled and has
been advertised to the local community to take place on September 17
and September 18, 2016.
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 deemed the
potential hazards associated with the high-speed boat races to occur
September 17 and September 18, 2016 will be a safety concern for anyone
within the regulated area. The purpose of this rulemaking is to ensure
the safety of vessels and spectators within the regulated area before,
during, and after the scheduled event.
IV. Discussion of the Rule
As noted above, the Coast Guard will establish a special local
regulation from 8:00 a.m. to 6:00 p.m. on September 17 and September
18, 2016. The special local regulation will cover all navigable waters
from mile 557.5 to 558.5 on the Ohio River in the vicinity of Madison,
IN. The duration of the regulated area is intended to ensure the safety
of vessels and these navigable waters before, during, and after the
scheduled event. 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 the First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and
[[Page 63699]]
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-day of the regulated area. Vessel
traffic will be able to safely transit through the affected area before
and after the scheduled event. Moreover, the Coast Guard will issue
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
regulated area and the rule allows vessels to seek permission to enter
the 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.
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 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 from 8:00 a.m. to 6:00
p.m. on September 17 and September 18, 2016. 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. 100.35T08-0717 to read as follows:
Sec. 100.35T08-0717 Special Local Regulation; Ohio River, Mile 557.5
to 558.5, Madison, IN.
(a) Location. All waters of the Ohio River beginning at mile marker
557.5 and ending at mile marker 558.5 in Madison, IN.
(b) Period of enforcement. This rule will be enforceable from 8:00
a.m. to 6:00 p.m. on September 17 and September 18, 2016.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.35, entry into this area is prohibited unless authorized by
the Captain of the Port Ohio Valley or a designated representative.
(2) Persons or vessels desiring 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
[[Page 63700]]
Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1-800-253-
7465.
Dated: September 12, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-22319 Filed 9-15-16; 8:45 am]
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