
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28569-28571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12122]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2015-0219]
RIN 1625-AA08


Special Local Regulations: 86th Major League Baseball (MLB) All-
Star Week/Game, Ohio River Mile 469.5 to 471.2; Cincinnati, OH

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 469.5 to 471.2 at Cincinnati, OH July 
10, 2015 through July 14, 2015. This special local regulation is 
necessary to protect persons and property from potential damage and 
safety hazards during the ``86th Major League Baseball (MLB) All-Star 
Week/Game'', an event which will likely involve a high density of 
boater traffic in the river miles specified. This proposed special 
local regulation is intended to temporarily restrict vessel traffic in 
a portion of the Ohio River during this event and implement a moving 
security zone for certain vessel traffic within the special local 
regulated zone.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 1, 2015.

ADDRESSES: You may submit comments identified by docket number using 
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries 
accepted between 9 a.m. and 5 p.m., Monday through Friday, except 
federal holidays. The telephone number is 202-366-9329.
    See the ``Public Participation and Request for Comments'' portion 
of the SUPPLEMENTARY INFORMATION section below for further instructions 
on submitting comments. To avoid duplication, please use only one of 
these three methods.

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) 779-5432, email James.C.Robinson@uscg.mil 
or Petty Officer Caloeb Gandy, Sector Ohio Valley, U.S. Coast Guard; 
telephone (502) 779-5346, email Caloeb.L.Gandy@uscg.mil If you have 
questions on viewing or submitting material to the docket, call Cheryl 
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related materials. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided.
1. Submitting Comments
    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. You may submit your comments and material online at 
http://www.regulations.gov, or by fax, mail, or hand delivery, but 
please use only one of these means. If you submit a comment online, it 
will be considered received by the Coast Guard when you successfully 
transmit the comment. If you fax, hand deliver, or mail your comment, 
it will be considered as having been received by the Coast Guard when 
it is received at the Docket Management Facility. We recommend that you 
include your name and a mailing address, an email address, or a 
telephone number in the body of your document so that we can contact 
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
type the docket number [USCG-2015-0219] in the ``SEARCH'' box and click 
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with 
this rulemaking.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the Facility, please enclose a stamped, 
self-addressed postcard or envelope. We will consider all comments and 
material received during the comment period and may change the rule 
based on your comments.
2. Viewing Comments and Documents
    To view comments, as well as documents mentioned in this preamble 
as being available in the docket, go to http://www.regulations.gov, 
type the docket number (USCG-2015-0219) in the ``SEARCH'' box and click 
``SEARCH.'' Click on Open Docket Folder on the line associated with 
this rulemaking. You may also visit the Docket Management Facility in 
Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.
3. Privacy Act
    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).
4. Public Meeting
    We do not now plan to hold a public meeting. But you may submit a 
request for one, using one of the methods specified under ADDRESSES. 
Please explain why you believe a public meeting would be beneficial. If 
we determine that one would aid this rulemaking, we will hold one at a 
time and place announced by a later notice in the Federal Register.

B. Regulatory History and Information

    The Captain of the Port (COTP) Ohio Valley is proposing to 
establish a special local regulation for all waters of the Ohio River, 
surface to bottom, extending from Ohio River mile 469.5 to 471.2 at 
Cincinnati, OH July 10, 2015 through July 14, 2015. This special local 
regulation is necessary to protect persons and property from potential 
damage and safety hazards during the ``86th MLB All-Star Week/Game'', 
which may involve high density of boater traffic in the river miles 
specified. This proposed special local regulation is intended to 
temporarily restrict vessel traffic in a portion of the Ohio River 
during this event and implement a moving security zone for certain 
vessel traffic within the special local regulated zone. There is no

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regulatory history related to this proposed special local regulation or 
the event triggering a need for the proposed special local regulation.

C. Basis and Purpose

    The Coast Guard's authority for establishing a special local 
regulation for marine events is contained at 33 U.S.C. 1233.
    Major League Baseball is holding the ``86th All-Star Week/Game'' 
July 10, 2015 through July 14, 2015. This event is planned to take 
place at the Great American Ballpark in the vicinity of the waters of 
the Ohio River, at Cincinnati, OH. Based on the need for additional 
safety measures to protect persons and property during this event on 
the waterway, the Coast Guard proposes to establish a special local 
regulation on specified waters of the Ohio River. The proposed special 
local regulation would be in effect from July 10, 2015 through July 14, 
2015 and would encompass all waters of the Ohio River, mile 469.5-
471.2.

D. Discussion of Proposed Rule

    The Captain of the Port (COTP) Ohio Valley is proposing to 
establish a special local regulation for all waters of the Ohio River, 
surface to bottom, extending from Ohio River mile 469.5 to 471.2 at 
Cincinnati, OH July 10, 2015 through July 14, 2015. This special local 
regulation is necessary to protect persons and property from potential 
damage and safety hazards during the ``86th MLB All-Star Week/Game'', 
an event which will likely involve a high density of boater traffic in 
the river miles specified. This proposed special local regulation is 
intended to temporarily restrict vessel traffic in a portion of the 
Ohio River and implement a moving security zone for certain vessel 
traffic within the special local regulated zone during this event in 
order to promote the safety of life and property on the navigable 
waterway. There is no regulatory history related to this proposed 
special local regulation or the event triggering a need for the 
proposed special local regulation.
    The effect of this proposed rule will be to restrict general 
navigation during the event. Vessels intending to transit the Ohio 
River through the designated mile markers will only be allowed to 
transit the area when the COTP Ohio Valley, or a designated 
representative, has deemed it safe to do so or at the completion of the 
event each day.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes or executive orders.
1. Regulatory Planning and Review
    This proposed rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866, Regulatory Planning and Review, 
as supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This proposed special 
local regulation restricts transit on the Ohio River from mile 469.5 to 
471.2, for a short duration of four days; Broadcast Notices to Mariners 
and Local Notices to Mariners will also inform the community of this 
special local regulation so that they may plan accordingly for this 
short restriction on transit. Vessel traffic may request permission 
from the COTP Ohio Valley or a designated representative to enter the 
restricted area.
2. Impact on Small Entities
    The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule will affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit mile marker 469.5 to 471.2 on the Ohio River, from 
July 10, 2015 through July 14, 2015. The special local regulation will 
not have a significant economic impact on a substantial number of small 
entities for the following reasons. This special local regulation will 
be in effect for a limited duration for a period of four days. 
Although, the regulation would apply to the entire width of the river, 
traffic would be allowed to pass through the regulated area with the 
permission of the COTP Ohio Valley or a designated representative or at 
the completion of the event each day. Broadcast Notices to Mariners 
will also inform the community of this special local regulation so that 
they may plan accordingly for temporary restrictions on transit.
    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.
3. Assistance for Small Entities
    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, above. 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.
4. Collection of Information
    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
5. Federalism
    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 proposed rule under that Order and 
determined that this rule does not have implications for federalism.
6. 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.
7. 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

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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 an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.
8. Taking of Private Property
    This proposed rule would not cause a taking of private property or 
otherwise have taking implications under Executive Order 12630, 
Governmental Actions and Interference with Constitutionally Protected 
Property Rights.
9. Civil Justice Reform
    This proposed rule meets applicable standards in sections 3(a) and 
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize 
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
    We have analyzed this proposed rule under Executive Order 13045, 
Protection of Children from Environmental Health Risks and Safety 
Risks. This rule is not an economically significant rule and would not 
create an environmental risk to health or risk to safety that might 
disproportionately affect children.
11. Indian Tribal Governments
    This proposed rule does not have tribal implications under 
Executive Order 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.
12. Energy Effects
    This proposed rule is not a ``significant energy action'' under 
Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
    This proposed rule does not use technical standards. Therefore, we 
did not consider the use of voluntary consensus standards.
14. 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 (NEPA) (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 involving a high media event and 
the potential for high boating traffic. This rule is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. A preliminary 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 proposed rule.

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 U.S. Coast Guard 
proposes to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Section 100.35T08-0219 is added to read as follows:


Sec.  100.35T08-0219  Special Local Regulation; Ohio River, Miles 469.5 
to 471.2, Cincinnati, OH.

    (a) Location. The following area is a special local regulation: All 
waters of the Ohio River, beginning at mile marker 469.5 to mile 471.2 
at Cincinnati, OH.
    (b) Enforcement date. This section is enforceable from: July 10, 
2015 through July 14, 2015.

    Dated: April 22, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-12122 Filed 5-18-15; 8:45 am]
BILLING CODE 9110-04-P


