
[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 James.C.Robinson@uscg.mil.

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]
 BILLING CODE 9110-04-P


