80_FR_28665 80 FR 28569 - Special Local Regulations: 86th Major League Baseball (MLB) All-Star Week/Game, Ohio River Mile 469.5 to 471.2; Cincinnati, OH

80 FR 28569 - Special Local Regulations: 86th Major League Baseball (MLB) All-Star Week/Game, Ohio River Mile 469.5 to 471.2; Cincinnati, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 96 (May 19, 2015)

Page Range28569-28571
FR Document2015-12122

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.

Federal Register, Volume 80 Issue 96 (Tuesday, May 19, 2015)
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28569-28571]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12122]



[[Page 28569]]

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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.

-----------------------------------------------------------------------

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 [email protected] 
or Petty Officer Caloeb Gandy, Sector Ohio Valley, U.S. Coast Guard; 
telephone (502) 779-5346, email [email protected] 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

[[Page 28570]]

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

[[Page 28571]]

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



                                                                           Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules                                             28569

                                                  DEPARTMENT OF HOMELAND                                  James.C.Robinson@uscg.mil or Petty                    postcard or envelope. We will consider
                                                  SECURITY                                                Officer Caloeb Gandy, Sector Ohio                     all comments and material received
                                                                                                          Valley, U.S. Coast Guard; telephone                   during the comment period and may
                                                  Coast Guard                                             (502) 779–5346, email Caloeb.L.Gandy@                 change the rule based on your
                                                                                                          uscg.mil If you have questions on                     comments.
                                                  33 CFR Part 100                                         viewing or submitting material to the
                                                                                                                                                                2. Viewing Comments and Documents
                                                  [Docket Number USCG–2015–0219]                          docket, call Cheryl Collins, Program
                                                                                                          Manager, Docket Operations, telephone                    To view comments, as well as
                                                  RIN 1625–AA08                                           (202) 366–9826.                                       documents mentioned in this preamble
                                                                                                          SUPPLEMENTARY INFORMATION:                            as being available in the docket, go to
                                                  Special Local Regulations: 86th Major                                                                         http://www.regulations.gov, type the
                                                  League Baseball (MLB) All-Star Week/                    Table of Acronyms                                     docket number (USCG–2015–0219) in
                                                  Game, Ohio River Mile 469.5 to 471.2;                   COTP Captain of the Port                              the ‘‘SEARCH’’ box and click
                                                  Cincinnati, OH                                          DHS Department of Homeland Security                   ‘‘SEARCH.’’ Click on Open Docket
                                                  AGENCY:   Coast Guard, DHS.                             FR Federal Register                                   Folder on the line associated with this
                                                                                                          NPRM Notice of Proposed Rulemaking                    rulemaking. You may also visit the
                                                  ACTION:   Notice of proposed rulemaking.
                                                                                                          A. Public Participation and Request for               Docket Management Facility in Room
                                                  SUMMARY:    The Coast Guard proposes to                 Comments                                              W12–140 on the ground floor of the
                                                  establish a special local regulation for                                                                      Department of Transportation West
                                                  all waters of the Ohio River, surface to                  We encourage you to participate in                  Building, 1200 New Jersey Avenue SE.,
                                                  bottom, extending from Ohio River mile                  this rulemaking by submitting                         Washington, DC 20590, between 9 a.m.
                                                  469.5 to 471.2 at Cincinnati, OH July 10,               comments and related materials. All                   and 5 p.m., Monday through Friday,
                                                  2015 through July 14, 2015. This special                comments received will be posted                      except Federal holidays.
                                                  local regulation is necessary to protect                without change to http://
                                                                                                          www.regulations.gov and will include                  3. Privacy Act
                                                  persons and property from potential
                                                  damage and safety hazards during the                    any personal information you have                        Anyone can search the electronic
                                                  ‘‘86th Major League Baseball (MLB) All-                 provided.                                             form of comments received into any of
                                                  Star Week/Game’’, an event which will                   1. Submitting Comments                                our dockets by the name of the
                                                  likely involve a high density of boater                                                                       individual submitting the comment (or
                                                                                                             If you submit a comment, please                    signing the comment, if submitted on
                                                  traffic in the river miles specified. This              include the docket number for this
                                                  proposed special local regulation is                                                                          behalf of an association, business, labor
                                                                                                          rulemaking, indicate the specific section             union, etc.). You may review a Privacy
                                                  intended to temporarily restrict vessel                 of this document to which each
                                                  traffic in a portion of the Ohio River                                                                        Act notice regarding our public dockets
                                                                                                          comment applies, and provide a reason                 in the January 17, 2008, issue of the
                                                  during this event and implement a                       for each suggestion or recommendation.
                                                  moving security zone for certain vessel                                                                       Federal Register (73 FR 3316).
                                                                                                          You may submit your comments and
                                                  traffic within the special local regulated              material online at http://                            4. Public Meeting
                                                  zone.                                                   www.regulations.gov, or by fax, mail, or                 We do not now plan to hold a public
                                                  DATES: Comments and related material                    hand delivery, but please use only one                meeting. But you may submit a request
                                                  must be received by the Coast Guard on                  of these means. If you submit a                       for one, using one of the methods
                                                  or before June 1, 2015.                                 comment online, it will be considered                 specified under ADDRESSES. Please
                                                  ADDRESSES: You may submit comments                      received by the Coast Guard when you                  explain why you believe a public
                                                  identified by docket number using any                   successfully transmit the comment. If                 meeting would be beneficial. If we
                                                  one of the following methods:                           you fax, hand deliver, or mail your                   determine that one would aid this
                                                     (1) Federal eRulemaking Portal:                      comment, it will be considered as                     rulemaking, we will hold one at a time
                                                  http://www.regulations.gov.                             having been received by the Coast                     and place announced by a later notice
                                                     (2) Fax: 202–493–2251.                               Guard when it is received at the Docket               in the Federal Register.
                                                     (3) Mail or Delivery: Docket                         Management Facility. We recommend
                                                  Management Facility (M–30), U.S.                                                                              B. Regulatory History and Information
                                                                                                          that you include your name and a
                                                  Department of Transportation, West                      mailing address, an email address, or a                  The Captain of the Port (COTP) Ohio
                                                  Building Ground Floor, Room W12–140,                    telephone number in the body of your                  Valley is proposing to establish a special
                                                  1200 New Jersey Avenue SE.,                             document so that we can contact you if                local regulation for all waters of the
                                                  Washington, DC 20590–0001. Deliveries                   we have questions regarding your                      Ohio River, surface to bottom, extending
                                                  accepted between 9 a.m. and 5 p.m.,                     submission.                                           from Ohio River mile 469.5 to 471.2 at
                                                  Monday through Friday, except federal                      To submit your comment online, go to               Cincinnati, OH July 10, 2015 through
                                                  holidays. The telephone number is 202–                  http://www.regulations.gov, type the                  July 14, 2015. This special local
                                                  366–9329.                                               docket number [USCG–2015–0219] in                     regulation is necessary to protect
                                                     See the ‘‘Public Participation and                   the ‘‘SEARCH’’ box and click                          persons and property from potential
                                                  Request for Comments’’ portion of the                   ‘‘SEARCH.’’ Click on ‘‘Submit a                       damage and safety hazards during the
                                                  SUPPLEMENTARY INFORMATION section                       Comment’’ on the line associated with                 ‘‘86th MLB All-Star Week/Game’’,
                                                  below for further instructions on                       this rulemaking.                                      which may involve high density of
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  submitting comments. To avoid                              If you submit your comments by mail                boater traffic in the river miles
                                                  duplication, please use only one of                     or hand delivery, submit them in an                   specified. This proposed special local
                                                  these three methods.                                    unbound format, no larger than 81⁄2 by                regulation is intended to temporarily
                                                  FOR FURTHER INFORMATION CONTACT: If                     11 inches, suitable for copying and                   restrict vessel traffic in a portion of the
                                                  you have questions on this rule, call or                electronic filing. If you submit                      Ohio River during this event and
                                                  email Petty Officer James Robinson,                     comments by mail and would like to                    implement a moving security zone for
                                                  Sector Ohio Valley, U.S. Coast Guard;                   know that they reached the Facility,                  certain vessel traffic within the special
                                                  telephone (502) 779–5432, email                         please enclose a stamped, self-addressed              local regulated zone. There is no


                                             VerDate Sep<11>2014   13:25 May 18, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\19MYP1.SGM   19MYP1


                                                  28570                    Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules

                                                  regulatory history related to this                      Below we summarize our analyses                       accordingly for temporary restrictions
                                                  proposed special local regulation or the                based on a number of these statutes or                on transit.
                                                  event triggering a need for the proposed                executive orders.                                       If you think that your business,
                                                  special local regulation.                                                                                     organization, or governmental
                                                                                                          1. Regulatory Planning and Review
                                                                                                                                                                jurisdiction qualifies as a small entity
                                                  C. Basis and Purpose                                       This proposed rule is not a significant            and that this rule would have a
                                                     The Coast Guard’s authority for                      regulatory action under section 3(f) of               significant economic impact on it,
                                                  establishing a special local regulation                 Executive Order 12866, Regulatory                     please submit a comment (see
                                                  for marine events is contained at 33                    Planning and Review, as supplemented                  ADDRESSES) explaining why you think it
                                                  U.S.C. 1233.                                            by Executive Order 13563, Improving                   qualifies and how and to what degree
                                                     Major League Baseball is holding the                 Regulation and Regulatory Review, and                 this rule would economically affect it.
                                                  ‘‘86th All-Star Week/Game’’ July 10,                    does not require an assessment of
                                                  2015 through July 14, 2015. This event                  potential costs and benefits under                    3. Assistance for Small Entities
                                                  is planned to take place at the Great                   section 6(a)(3) of Executive Order 12866                 Under section 213(a) of the Small
                                                  American Ballpark in the vicinity of the                or under section 1 of Executive Order                 Business Regulatory Enforcement
                                                  waters of the Ohio River, at Cincinnati,                13563. The Office of Management and                   Fairness Act of 1996 (Pub. L. 104–121),
                                                  OH. Based on the need for additional                    Budget has not reviewed it under those                we want to assist small entities in
                                                  safety measures to protect persons and                  Orders. This proposed special local                   understanding this proposed rule. If the
                                                  property during this event on the                       regulation restricts transit on the Ohio              rule would affect your small business,
                                                  waterway, the Coast Guard proposes to                   River from mile 469.5 to 471.2, for a                 organization, or governmental
                                                  establish a special local regulation on                 short duration of four days; Broadcast                jurisdiction and you have questions
                                                  specified waters of the Ohio River. The                 Notices to Mariners and Local Notices to              concerning its provisions or options for
                                                  proposed special local regulation would                 Mariners will also inform the                         compliance, please contact the person
                                                  be in effect from July 10, 2015 through                 community of this special local                       listed in the FOR FURTHER INFORMATION
                                                  July 14, 2015 and would encompass all                   regulation so that they may plan                      CONTACT, above. The Coast Guard will
                                                  waters of the Ohio River, mile 469.5–                   accordingly for this short restriction on             not retaliate against small entities that
                                                  471.2.                                                  transit. Vessel traffic may request                   question or complain about this
                                                                                                          permission from the COTP Ohio Valley                  proposed rule or any policy or action of
                                                  D. Discussion of Proposed Rule                          or a designated representative to enter               the Coast Guard.
                                                     The Captain of the Port (COTP) Ohio                  the restricted area.
                                                  Valley is proposing to establish a special                                                                    4. Collection of Information
                                                                                                          2. Impact on Small Entities
                                                  local regulation for all waters of the                                                                           This proposed rule will not call for a
                                                  Ohio River, surface to bottom, extending                   The Regulatory Flexibility Act of 1980             new collection of information under the
                                                  from Ohio River mile 469.5 to 471.2 at                  (RFA), 5 U.S.C. 601–612, as amended,                  Paperwork Reduction Act of 1995 (44
                                                  Cincinnati, OH July 10, 2015 through                    requires federal agencies to consider the             U.S.C. 3501–3520).
                                                  July 14, 2015. This special local                       potential impact of regulations on small
                                                  regulation is necessary to protect                      entities during rulemaking. The term                  5. Federalism
                                                  persons and property from potential                     ‘‘small entities’’ comprises small                       A rule has implications for federalism
                                                  damage and safety hazards during the                    businesses, not-for-profit organizations              under Executive Order 13132,
                                                  ‘‘86th MLB All-Star Week/Game’’, an                     that are independently owned and                      Federalism, if it has a substantial direct
                                                  event which will likely involve a high                  operated and are not dominant in their                effect on the States, on the relationship
                                                  density of boater traffic in the river                  fields, and governmental jurisdictions                between the national government and
                                                  miles specified. This proposed special                  with populations of less than 50,000.                 the States, or on the distribution of
                                                  local regulation is intended to                         The Coast Guard certifies under 5 U.S.C.              power and responsibilities among the
                                                  temporarily restrict vessel traffic in a                605(b) that this proposed rule will not               various levels of government. We have
                                                  portion of the Ohio River and                           have a significant economic impact on                 analyzed this proposed rule under that
                                                  implement a moving security zone for                    a substantial number of small entities.               Order and determined that this rule
                                                  certain vessel traffic within the special                  This proposed rule will affect the                 does not have implications for
                                                  local regulated zone during this event in               following entities, some of which may                 federalism.
                                                  order to promote the safety of life and                 be small entities: The owners or
                                                                                                          operators of vessels intending to transit             6. Protest Activities
                                                  property on the navigable waterway.
                                                  There is no regulatory history related to               mile marker 469.5 to 471.2 on the Ohio                   The Coast Guard respects the First
                                                  this proposed special local regulation or               River, from July 10, 2015 through July                Amendment rights of protesters.
                                                  the event triggering a need for the                     14, 2015. The special local regulation                Protesters are asked to contact the
                                                  proposed special local regulation.                      will not have a significant economic                  person listed in the FOR FURTHER
                                                     The effect of this proposed rule will                impact on a substantial number of small               INFORMATION CONTACT section to
                                                  be to restrict general navigation during                entities for the following reasons. This              coordinate protest activities so that your
                                                  the event. Vessels intending to transit                 special local regulation will be in effect            message can be received without
                                                  the Ohio River through the designated                   for a limited duration for a period of                jeopardizing the safety or security of
                                                  mile markers will only be allowed to                    four days. Although, the regulation                   people, places or vessels.
                                                  transit the area when the COTP Ohio                     would apply to the entire width of the
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                                                                                                          river, traffic would be allowed to pass               7. Unfunded Mandates Reform Act
                                                  Valley, or a designated representative,
                                                  has deemed it safe to do so or at the                   through the regulated area with the                      The Unfunded Mandates Reform Act
                                                  completion of the event each day.                       permission of the COTP Ohio Valley or                 of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                          a designated representative or at the                 Federal agencies to assess the effects of
                                                  E. Regulatory Analyses                                  completion of the event each day.                     their discretionary regulatory actions. In
                                                    We developed this proposed rule after                 Broadcast Notices to Mariners will also               particular, the Act addresses actions
                                                  considering numerous statutes and                       inform the community of this special                  that may result in the expenditure by a
                                                  executive orders related to rulemaking.                 local regulation so that they may plan                State, local, or tribal government, in the


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                                                                           Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules                                            28571

                                                  aggregate, or by the private sector of                  M16475.lD, which guide the Coast                      ENVIRONMENTAL PROTECTION
                                                  $100,000,000 (adjusted for inflation) or                Guard in complying with the National                  AGENCY
                                                  more in any one year. Though this                       Environmental Policy Act of 1969
                                                  proposed rule would not result in such                  (NEPA) (42 U.S.C. 4321–4370f), and                    40 CFR Part 60
                                                  an expenditure, we do discuss the                       have made a preliminary determination
                                                  effects of this rule elsewhere in this                                                                        [EPA–HQ–OAR–2009–0174; FRL–9927–80–
                                                                                                          that this action is one of a category of              OAR]
                                                  preamble.                                               actions that do not individually or
                                                  8. Taking of Private Property                           cumulatively have a significant effect on             RIN 2060–AP63
                                                                                                          the human environment. This proposed
                                                    This proposed rule would not cause a                                                                        Electronic Reporting and
                                                                                                          rule involves a special local regulation
                                                  taking of private property or otherwise                                                                       Recordkeeping Requirements for New
                                                                                                          involving a high media event and the
                                                  have taking implications under                                                                                Source Performance Standards;
                                                  Executive Order 12630, Governmental                     potential for high boating traffic. This
                                                                                                          rule is categorically excluded from                   Extension of Comment Period
                                                  Actions and Interference with
                                                  Constitutionally Protected Property                     further review under paragraph 34(h) of               AGENCY:  Environmental Protection
                                                  Rights.                                                 Figure 2–1 of the Commandant                          Agency (EPA).
                                                                                                          Instruction. A preliminary                            ACTION: Proposed rule; extension of
                                                  9. Civil Justice Reform                                 environmental analysis checklist                      public comment period.
                                                     This proposed rule meets applicable                  supporting this determination and a
                                                  standards in sections 3(a) and 3(b)(2) of               Categorical Exclusion Determination are               SUMMARY:   The Environmental Protection
                                                  Executive Order 12988, Civil Justice                    available in the docket where indicated               Agency (EPA) is announcing that the
                                                  Reform, to minimize litigation,                         under ADDRESSES. We seek any                          period for providing public comments
                                                  eliminate ambiguity, and reduce                         comments or information that may lead                 on the March 20, 2015, proposed
                                                  burden.                                                 to the discovery of a significant                     ‘‘Electronic Reporting and
                                                                                                          environmental impact from this                        Recordkeeping Requirements for New
                                                  10. Protection of Children From                                                                               Source Performance Standards’’ is being
                                                  Environmental Health Risks                              proposed rule.
                                                                                                                                                                extended by 30 days.
                                                     We have analyzed this proposed rule                  List of Subjects in 33 CFR Part 100                   DATES: Comments. The public comment
                                                  under Executive Order 13045,                                                                                  period for the proposed rule published
                                                  Protection of Children from                               Marine safety, Navigation (water),
                                                                                                                                                                March 20, 2015 (80 FR 15100), is being
                                                  Environmental Health Risks and Safety                   Reporting and recordkeeping
                                                                                                                                                                extended by 30 days to June 18, 2015,
                                                  Risks. This rule is not an economically                 requirements, and Waterways.
                                                                                                                                                                in order to provide the public additional
                                                  significant rule and would not create an                  For the reasons discussed in the                    time to submit comments and
                                                  environmental risk to health or risk to                 preamble, the U.S. Coast Guard                        supporting information.
                                                  safety that might disproportionately                    proposes to amend 33 CFR part 100 as                  ADDRESSES: Comments. Written
                                                  affect children.                                        follows:                                              comments on the proposed rule may be
                                                  11. Indian Tribal Governments                                                                                 submitted to the EPA electronically, by
                                                                                                          PART 100—SAFETY OF LIFE ON                            mail, by facsimile or through hand
                                                     This proposed rule does not have
                                                                                                          NAVIGABLE WATERWAYS                                   delivery/courier. Please refer to the
                                                  tribal implications under Executive
                                                                                                                                                                proposal (80 FR 15100) for the addresses
                                                  Order 13175, Consultation and
                                                                                                          ■ 1. The authority citation for part 100              and detailed instructions.
                                                  Coordination with Indian Tribal
                                                                                                          continues to read as follows:                            Docket. Publicly available documents
                                                  Governments, because it would not have
                                                                                                                                                                relevant to this action are available for
                                                  a substantial direct effect on one or                       Authority: 33 U.S.C. 1233.
                                                                                                                                                                public inspection either electronically at
                                                  more Indian tribes, on the relationship
                                                                                                          ■ 2. Section 100.35T08–0219 is added                  http://www.regulations.gov or in hard
                                                  between the Federal Government and
                                                                                                          to read as follows:                                   copy at the EPA Docket Center, EPA
                                                  Indian tribes, or on the distribution of
                                                                                                                                                                WJC West Building, Room 3334, 1301
                                                  power and responsibilities between the
                                                                                                          § 100.35T08–0219 Special Local                        Constitution Ave. NW., Washington, DC
                                                  Federal Government and Indian tribes.                   Regulation; Ohio River, Miles 469.5 to 471.2,         20004. The Public Reading Room is
                                                  12. Energy Effects                                      Cincinnati, OH.                                       open from 8:30 a.m. to 4:30 p.m.,
                                                     This proposed rule is not a                            (a) Location. The following area is a               Monday through Friday, excluding legal
                                                  ‘‘significant energy action’’ under                     special local regulation: All waters of               holidays. A reasonable fee may be
                                                  Executive Order 13211, Actions                                                                                charged for copying. The EPA has
                                                                                                          the Ohio River, beginning at mile
                                                  Concerning Regulations That                                                                                   established the official public docket for
                                                                                                          marker 469.5 to mile 471.2 at
                                                  Significantly Affect Energy Supply,                                                                           this rulemaking under Docket ID No.
                                                                                                          Cincinnati, OH.
                                                  Distribution, or Use.                                                                                         EPA–HQ–OAR–2009–0174.
                                                                                                            (b) Enforcement date. This section is                  World Wide Web. The EPA Web site
                                                  13. Technical Standards                                 enforceable from: July 10, 2015 through               containing information for this
                                                    This proposed rule does not use                       July 14, 2015.                                        rulemaking is at http://www.epa.gov/
                                                  technical standards. Therefore, we did                    Dated: April 22, 2015.                              ttn/atw/eparules.html.
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  not consider the use of voluntary                       R.V. Timme,                                           FOR FURTHER INFORMATION CONTACT: Ms.
                                                  consensus standards.                                                                                          Gerri Garwood, Measurement Policy
                                                                                                          Captain, U.S. Coast Guard, Captain of the
                                                                                                          Port Ohio Valley.
                                                                                                                                                                Group (MPG), Sector Policies and
                                                  14. Environment                                                                                               Programs Division (D243–05), Office of
                                                                                                          [FR Doc. 2015–12122 Filed 5–18–15; 8:45 am]
                                                    We have analyzed this proposed rule                                                                         Air Quality Planning and Standards,
                                                  under Department of Homeland                            BILLING CODE 9110–04–P                                U.S. Environmental Protection Agency,
                                                  Security Management Directive 023–01                                                                          Research Triangle Park, North Carolina
                                                  and Commandant Instruction                                                                                    27711, telephone number: (919) 541–


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Document Created: 2015-12-15 15:30:08
Document Modified: 2015-12-15 15:30:08
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before June 1, 2015.
ContactIf 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 [email protected] or Petty Officer Caloeb Gandy, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5346, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
FR Citation80 FR 28569 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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