[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Proposed Rules]
[Pages 30089-30091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13734]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / 
Proposed Rules  

[[Page 30089]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0548]
RIN 1625-AA08


Special Local Regulation; Ohio River, Owensboro, KY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for all navigable waters of the Ohio River, extending 
the entire width of the river, from mile marker (MM) 754.0 to MM 760.0. 
This action is necessary to provide for the safety of persons, vessels, 
and the marine environment during the Owensboro Airshow. This proposed 
rulemaking would prohibit persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port Sector Ohio 
Valley or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 27, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0548 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Riley Jackson, Sector 
Ohio Valley, U.S. Coast Guard; telephone 502-779-5348, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The City of Owensboro notified the Coast Guard that it would be 
conducting an airshow practice over the Ohio River from mile marker 
(MM) 754.0 to MM 760.0 from noon to 4 p.m. on September 13, 2018. Over 
the years, there have been unfortunate instances of aircraft mishaps 
that involve crashing during performances at various air shows around 
the world. Occasionally, these incidents result in a wide area of 
scattered debris in the water that can damage property or cause 
significant injury or death to the public observing the air shows. The 
Captain of the Port Sector Ohio Valley (COTP) has determined that a 
special local regulation is necessary to protect the public from 
potential hazards associated with the aerial flight demonstration.
    This proposed rulemaking adds an extra day to the recurring special 
local regulation for the Owensboro Airshow listed in our regulation for 
marine events within the Eighth Coast Guard District, 33 CFR 100.801, 
Table 1, Line 43. The airshow is requiring another day of practice 
flights for the Blue Angels that will be participating in this year's 
event.
    The purpose of this rulemaking is to ensure the safety of persons, 
vessels, and the marine environment on the navigable waters of the Ohio 
River before, during, and after the Owensboro Airshow. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary special local regulation 
for all navigable waters of the Ohio River from MM 754.0 to MM 760.0 
from noon to 4 p.m. on September 13, 2018. The regulated area would 
cover all navigable waters of the Ohio River, extending the entire 
width of the river, between MM 754.0 and MM 760.0 in Owensboro, KY. The 
duration of the special local regulation is intended to ensure the 
safety of persons, vessels, and the marine environment on these 
navigable waters before, during, and after the Owensboro Airshow.
    No vessel or person would be permitted to enter the regulated area 
without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Ohio Valley. They may be contacted 
on VHF-FM Channel 16 or by telephone at 1-800-253-7465. A designated 
representative may be a Patrol Commander (PATCOM). The PATCOM would be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''. All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    Spectator vessels desiring to transit the regulated area may do so 
only with prior approval of the PATCOM and, when so directed by that 
officer, would be operated at a minimum safe navigation speed in a 
manner which will not endanger any other vessels. No spectator vessel 
shall anchor, block, loiter, or impede the through transit of official 
patrol vessels in the regulated area during the effective dates and 
times, unless cleared for entry by or through an official patrol 
vessel. Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the air show.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the directions given. Failure to do so may result in 
expulsion from the regulated area, citation for failure to comply, or 
both.

[[Page 30090]]

    The COTP or a designated representative may terminate the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property. The COTP or a designated representative would 
terminate enforcement of the special local regulation at the conclusion 
of the air show. The COTP or a designated representative will inform 
the public of the enforcement times and date for this regulated area 
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners 
(LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as 
appropriate.
    The regulatory text we are proposing appears at the end of this 
document.

IV. 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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This Notice of Proposed 
Rulemaking (NPRM) has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of 
Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the temporary special local 
regulation. This proposed special local regulation restricts transit on 
a four-mile stretch of the Ohio River for four hours on one day. 
Moreover, the Coast Guard would issue Broadcast Notices to Mariners, 
Local Notices to Mariners, and Marine Safety Information Bulletins 
about this special local regulation so that waterway users may plan 
accordingly for this short restriction on transit, and the rule would 
allow vessels to request permission to enter 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
temporary special local regulation may be small entities, for the 
reasons stated in section IV.A above, this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    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.
    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 
section. 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.

C. Collection of Information

    This proposed rule would 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 proposed 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 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. If 
you believe this proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security (DHS) Directive 023-01, which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (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 that would prohibit 
entry on a four-mile stretch of the Ohio River on one day. Normally 
such actions are categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A preliminary Record of Environmental Consideration 
supporting this determination is 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.

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

[[Page 30091]]

jeopardizing the safety or security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 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; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0548 to read as follows:


Sec.  100.35T08-0548   Special Local Regulation; Ohio River, Owensboro, 
KY.

    (a) Location. The following area is a temporary special local 
regulation: All navigable waters of the Ohio River, extending the 
entire width of the river, between mile marker (MM) 754.0 and MM 760.0, 
Owensboro, KY.
    (b) Effective period. This section is effective from noon through 4 
p.m. on September 13, 2018.
    (c) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.801, entry into this area is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Ohio 
Valley. They may be contacted on VHF-FM Channel 16 or by telephone at 
1-800-253-7465. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM will be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the PATCOM and when so directed by that 
officer will be operated at a minimum safe navigation speed in a manner 
which will not endanger any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of official patrol vessels in the regulated area during 
the effective dates and times, unless cleared for entry by or through 
an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the air show.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the regulated area, citation for failure 
to comply, or both.
    (7) The COTP or a designated representative may terminate the 
operation of any vessel at any time it is deemed necessary for the 
protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulation at the conclusion of the 
air show.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts 
(MSIBs) as appropriate.

    Dated: June 21, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-13734 Filed 6-26-18; 8:45 am]
 BILLING CODE 9110-04-P


