80_FR_37048 80 FR 36924 - Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; Louisville, KY

80 FR 36924 - Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; Louisville, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 80, Issue 124 (June 29, 2015)

Page Range36924-36926
FR Document2015-15932

The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River between mile 618.5 and mile 619.5 on June 27, 2015. This safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with the Riverview Park Independence Festival firework display. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative.

Federal Register, Volume 80 Issue 124 (Monday, June 29, 2015)
[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36924-36926]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15932]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0198]
RIN 1625-AA00


Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; 
Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River between mile 618.5 and mile 619.5 on June 
27, 2015. This safety zone is needed to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
the Riverview Park Independence Festival firework display. Deviation 
from the safety zone is prohibited unless specifically authorized by 
the Captain of the Port (COTP) Ohio Valley or a designated 
representative.

DATES: This rule is effective and will be enforced through actual 
notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0198]. To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type the 
docket number 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.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Cody Robinson, U.S. Coast Guard; telephone 
502-779-5347, email [email protected]. If you have questions on 
viewing or submitting material to the docket, call Cheryl F. Collins, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    The Coast Guard is issuing this temporary final 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. Providing a full 30 days notice is 
unnecessary and contrary to the public interest as it would delay the 
effectiveness of the temporary safety zone until after the planned 
fireworks event. Immediate action is needed to protect vessels and 
mariners from the safety hazards associated with aerial fireworks 
displays over a waterway when large concentrations of spectators and 
vessel traffic are expected. The Coast Guard will give actual notice to 
the public and maritime community that the safety zone will be in 
effect and of the enforcement period via broadcast notices to mariners 
(BNM).
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Immediate action is needed to 
protect vessels and mariners from the safety hazards associated with 
aerial fireworks displays over a waterway when large concentrations of 
spectators are expected. The Coast Guard will give actual notice to the 
public and maritime community that the safety zone will be in effect 
and of the enforcement period via BNM.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of this safety zone is to protect life and property 
from the hazards associated with and resulting from the Riverview Park 
Independence Festival firework display. The rule is necessary due to 
significant safety hazards associated with an aerial fireworks display 
over the waterway

[[Page 36925]]

when a large concentration of spectators and vessel traffic are 
expected. Establishing the safety zone to extend from mile 618.5 to 
mile 619.5 on the Ohio River is necessary for the Coast Guard to 
maintain navigational safety on the river.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone on the Ohio 
River between mile 618.5 and mile 619.5, extending the entire width of 
the Ohio River. Transit into and through this area is prohibited 
beginning at 10:00 p.m. through 10:30 p.m. on June 27, 2015 or until 
the Riverview Park Independence Festival firework display has 
concluded, whichever occurs earlier. Deviation from this temporary 
safety zone is prohibited unless specifically authorized by the COTP 
Ohio Valley, 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 1-800-253-7465 or can be reached by 
VHF-FM channel 16.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This 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 rule establishes a 
temporary safety zone for vessels on all waters of the Ohio River from 
mile 618.5 to mile 619.5. The safety zone will be established for less 
than one hour. Due to the limited scope and short duration of the 
temporary safety zone, the impacts on routine navigation are expected 
to be minimal.

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 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. 
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.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the Ohio River, from 10:00 p.m. to 10:30 p.m. on June 27, 2015. This 
temporary safety zone will not have a significant economic impact on a 
substantial number of small entities due to its limited scope and short 
duration. Additionally, requests to deviate from the rule will be 
considered on a case-by-case basis. Notifications to the marine 
community will be made through BNM, local notice to mariners, and 
communications with local waterway users. Notices of changes to the 
safety zone and effective times will also be made.

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 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.
    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. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. 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.

4. 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).

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 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 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.

8. Taking of Private Property

    This rule will 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 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

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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

[[Page 36926]]

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 
Because this safety zone is established in response to a temporary 
situation and is less than one week in duration, an environmental 
analysis checklist and a categorical exclusion determination are not 
required.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. A new temporary Sec.  165.T08-0198 is added to read as follows:


Sec.  165.T08-0198  Safety Zone; Ohio River between mile 618.5 and mile 
619.5, Louisville, KY.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River between mile 618.5 and mile 619.5, Louisville, KY, 
extending the entire width of the Ohio River.
    (b) Effective dates. This safety zone is effective and will be 
enforced through actual notice from 10:00 p.m. through 10:30 p.m. on 
June 27, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port (COTP) Ohio Valley or a designated 
representative.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the COTP Ohio Valley or a designated 
representative. They may be contacted on VHF-FM channel 16 or by 
telephone at 1-800-253-7465.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP Ohio Valley or designated 
representative.
    (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 temporary safety zone as 
well as any changes in the dates and times of enforcement.

    Dated: June 9, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15932 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P



                                                36924               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                by this temporary section,                              DEPARTMENT OF HOMELAND                                 FR Federal Register
                                                § 165.T05.0279.                                         SECURITY                                               MM Mile Marker
                                                                                                                                                               NPRM Notice of Proposed Rulemaking
                                                   (1) All persons are required to comply
                                                                                                        Coast Guard                                            A. Regulatory History and Information
                                                with the general regulations governing
                                                safety zones found in 33 CFR 165.23.                                                                              The Coast Guard is issuing this
                                                                                                        33 CFR Part 165
                                                   (2) Entry into or remaining in this                                                                         temporary final rule without prior
                                                                                                        [Docket Number USCG–2015–0198]                         notice and opportunity to comment
                                                zone is prohibited unless authorized by
                                                the Coast Guard Captain of the Port                     RIN 1625–AA00                                          pursuant to authority under section 4(a)
                                                Baltimore. All vessels underway within                                                                         of the Administrative Procedure Act
                                                this safety zone at the time it is                      Safety Zone; Ohio River Between Mile                   (APA) (5 U.S.C. 553(b)). This provision
                                                implemented are to depart the zone.                     618.5 and Mile 619.5; Louisville, KY                   authorizes an agency to issue a rule
                                                                                                                                                               without prior notice and opportunity to
                                                   (3) Persons desiring to transit the area             AGENCY:    Coast Guard, DHS.                           comment when the agency for good
                                                of the safety zone must first obtain                    ACTION:   Temporary final rule.                        cause finds that those procedures are
                                                authorization from the Captain of the                                                                          ‘‘impracticable, unnecessary, or contrary
                                                Port Baltimore or his designated                        SUMMARY:   The Coast Guard is
                                                                                                                                                               to the public interest.’’ Under 5 U.S.C.
                                                representative. To seek permission to                   establishing a temporary safety zone for
                                                                                                                                                               553(b)(B), the Coast Guard finds that
                                                                                                        all waters of the Ohio River between
                                                transit the area, the Captain of the Port                                                                      good cause exists for not publishing a
                                                                                                        mile 618.5 and mile 619.5 on June 27,
                                                Baltimore and his designated                                                                                   notice of proposed rulemaking (NPRM)
                                                                                                        2015. This safety zone is needed to
                                                representatives can be contacted at                                                                            with respect to this rule. Providing a full
                                                                                                        protect persons, property, and
                                                telephone number 410–576–2693 or on                                                                            30 days notice is unnecessary and
                                                                                                        infrastructure from potential damage
                                                Marine Band Radio VHF–FM channel                                                                               contrary to the public interest as it
                                                                                                        and safety hazards associated with the
                                                16 (156.8 MHz). The Coast Guard                                                                                would delay the effectiveness of the
                                                                                                        Riverview Park Independence Festival
                                                vessels enforcing this section can be                                                                          temporary safety zone until after the
                                                                                                        firework display. Deviation from the
                                                contacted on Marine Band Radio VHF–                                                                            planned fireworks event. Immediate
                                                                                                        safety zone is prohibited unless
                                                FM channel 16 (156.8 MHz). Upon                                                                                action is needed to protect vessels and
                                                                                                        specifically authorized by the Captain of
                                                being hailed by a U.S. Coast Guard                                                                             mariners from the safety hazards
                                                                                                        the Port (COTP) Ohio Valley or a
                                                vessel, or other Federal, State, or local                                                                      associated with aerial fireworks displays
                                                                                                        designated representative.
                                                agency vessel, by siren, radio, flashing                                                                       over a waterway when large
                                                                                                        DATES: This rule is effective and will be              concentrations of spectators and vessel
                                                light, or other means, the operator of a                enforced through actual notice from                    traffic are expected. The Coast Guard
                                                vessel shall proceed as directed. If                    10:00 p.m. through 10:30 p.m. on June                  will give actual notice to the public and
                                                permission is granted, all persons and                  27, 2015.                                              maritime community that the safety
                                                vessels must comply with the                            ADDRESSES: Documents mentioned in                      zone will be in effect and of the
                                                instructions of the Captain of the Port                 this preamble are part of docket [USCG–                enforcement period via broadcast
                                                Baltimore or his designated                             2014–0198]. To view documents                          notices to mariners (BNM).
                                                representative and proceed as directed                  mentioned in this preamble as being                       Under 5 U.S.C. 553(d)(3), the Coast
                                                while within the zone.                                  available in the docket, go to http://                 Guard finds that good cause exists for
                                                   (4) Enforcement. The U.S. Coast                      www.regulations.gov, type the docket                   making this rule effective less than 30
                                                Guard may be assisted in the patrol and                 number in the ‘‘SEARCH’’ box and click                 days after publication in the Federal
                                                enforcement of the zone by Federal,                     ‘‘SEARCH.’’ Click on Open Docket                       Register. Immediate action is needed to
                                                State, and local agencies.                              Folder on the line associated with this                protect vessels and mariners from the
                                                                                                        rulemaking. You may also visit the                     safety hazards associated with aerial
                                                   (c) Definitions. As used in this
                                                                                                        Docket Management Facility in Room                     fireworks displays over a waterway
                                                section:                                                W12–140 on the ground floor of the                     when large concentrations of spectators
                                                   Captain of the Port Baltimore means                  Department of Transportation West                      are expected. The Coast Guard will give
                                                the Commander, U.S. Coast Guard                         Building, 1200 New Jersey Avenue SE.,                  actual notice to the public and maritime
                                                Sector Baltimore, Maryland.                             Washington, DC 20590, between 9 a.m.                   community that the safety zone will be
                                                   Designated representative means any                  and 5 p.m., Monday through Friday,                     in effect and of the enforcement period
                                                Coast Guard commissioned, warrant, or                   except Federal holidays.                               via BNM.
                                                petty officer who has been authorized                   FOR FURTHER INFORMATION CONTACT: If
                                                                                                                                                               B. Basis and Purpose
                                                by the Captain of the Port Baltimore to                 you have questions on this rule, call or
                                                                                                        email Petty Officer Cody Robinson, U.S.                   The legal basis and authorities for this
                                                assist in enforcing the safety zone
                                                                                                        Coast Guard; telephone 502–779–5347,                   rule are found in 33 U.S.C. 1231; 50
                                                described in paragraph (a) of this
                                                                                                        email James.c.Robinson@uscg.mil. If                    U.S.C. 191; 33 CFR 1.05–1, 6.04–1,
                                                section.
                                                                                                        you have questions on viewing or                       6.04–6, and 160.5; Department of
                                                   (d) Enforcement period. This section                 submitting material to the docket, call                Homeland Security Delegation No.
                                                will be enforced from 8:30 p.m. through                 Cheryl F. Collins, Program Manager,                    0170.1 which collectively authorize the
                                                10 p.m. on July 4, 2015, and if necessary               Docket Operations, telephone 202–366–                  Coast Guard to establish and define
                                                due to inclement weather, from 8:30                     9826.                                                  safety zones.
                                                p.m. through 10 p.m. on July 5, 2015.                                                                             The purpose of this safety zone is to
mstockstill on DSK4VPTVN1PROD with RULES




                                                                                                        SUPPLEMENTARY INFORMATION:
                                                  Dated: June 12, 2015.
                                                                                                                                                               protect life and property from the
                                                                                                        Table of Acronyms                                      hazards associated with and resulting
                                                Kevin C. Kiefer,                                                                                               from the Riverview Park Independence
                                                Captain, U.S. Coast Guard, Captain of the               APA Administrative Procedures Act
                                                                                                        BNM Broadcast Notice to Mariners                       Festival firework display. The rule is
                                                Port Baltimore.                                                                                                necessary due to significant safety
                                                                                                        CFR Code of Federal Regulations
                                                [FR Doc. 2015–15759 Filed 6–26–15; 8:45 am]             COTP Captain of the Port                               hazards associated with an aerial
                                                BILLING CODE 9110–04–P                                  DHS Department of Homeland Security                    fireworks display over the waterway


                                           VerDate Sep<11>2014   17:11 Jun 26, 2015   Jkt 235001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\29JNR1.SGM   29JNR1


                                                                    Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations                                          36925

                                                when a large concentration of spectators                economic impact on a substantial                       between the national government and
                                                and vessel traffic are expected.                        number of small entities. The Coast                    the States, or on the distribution of
                                                Establishing the safety zone to extend                  Guard certifies under 5 U.S.C. 605(b)                  power and responsibilities among the
                                                from mile 618.5 to mile 619.5 on the                    that this rule will not have a significant             various levels of government. We have
                                                Ohio River is necessary for the Coast                   economic impact on a substantial                       analyzed this rule under that Order and
                                                Guard to maintain navigational safety                   number of small entities.                              determined that this rule does not have
                                                on the river.                                             This rule will affect the following                  implications for federalism.
                                                                                                        entities, some of which may be small
                                                C. Discussion of the Temporary Final                    entities: The owners or operators of                   6. Protest Activities
                                                Rule                                                    vessels intending to transit the Ohio                    The Coast Guard respects the First
                                                   The Coast Guard is establishing a                    River, from 10:00 p.m. to 10:30 p.m. on                Amendment rights of protesters.
                                                temporary safety zone on the Ohio River                 June 27, 2015. This temporary safety                   Protesters are asked to contact the
                                                between mile 618.5 and mile 619.5,                      zone will not have a significant                       person listed in the FOR FURTHER
                                                extending the entire width of the Ohio                  economic impact on a substantial                       INFORMATION CONTACT section to
                                                River. Transit into and through this area               number of small entities due to its                    coordinate protest activities so that your
                                                is prohibited beginning at 10:00 p.m.                   limited scope and short duration.                      message can be received without
                                                through 10:30 p.m. on June 27, 2015 or                  Additionally, requests to deviate from                 jeopardizing the safety or security of
                                                until the Riverview Park Independence                   the rule will be considered on a case-by-              people, places or vessels.
                                                Festival firework display has concluded,                case basis. Notifications to the marine
                                                whichever occurs earlier. Deviation                                                                            7. Unfunded Mandates Reform Act
                                                                                                        community will be made through BNM,
                                                from this temporary safety zone is                      local notice to mariners, and                            The Unfunded Mandates Reform Act
                                                prohibited unless specifically                          communications with local waterway                     of 1995 (2 U.S.C. 1531–1538) requires
                                                authorized by the COTP Ohio Valley, or                  users. Notices of changes to the safety                Federal agencies to assess the effects of
                                                a designated representative. Deviation                  zone and effective times will also be                  their discretionary regulatory actions. In
                                                requests will be considered and                         made.                                                  particular, the Act addresses actions
                                                reviewed on a case-by-case basis. The                                                                          that may result in the expenditure by a
                                                COTP Ohio Valley may be contacted by                    3. Assistance for Small Entities                       State, local, or tribal government, in the
                                                telephone at 1–800–253–7465 or can be                      Under section 213(a) of the Small                   aggregate, or by the private sector of
                                                reached by VHF–FM channel 16.                           Business Regulatory Enforcement                        $100,000,000 (adjusted for inflation) or
                                                                                                        Fairness Act of 1996 (Pub. L. 104–121),                more in any one year. Though this rule
                                                D. Regulatory Analyses                                  we want to assist small entities in                    will not result in such expenditure, we
                                                  We developed this rule after                          understanding this rule. If the rule                   do discuss the effects of this rule
                                                considering numerous statutes and                       would affect your small business,                      elsewhere in this preamble.
                                                executive orders related to rulemaking.                 organization, or governmental
                                                Below we summarize our analyses                                                                                8. Taking of Private Property
                                                                                                        jurisdiction and you have questions
                                                based on a number of these statutes or                  concerning its provisions or options for                 This rule will not cause a taking of
                                                executive orders.                                       compliance, please contact the person                  private property or otherwise have
                                                                                                        listed in the FOR FURTHER INFORMATION                  taking implications under Executive
                                                1. Regulatory Planning and Review
                                                                                                        CONTACT, above.                                        Order 12630, Governmental Actions and
                                                   This rule is not a significant                          Small businesses may send comments                  Interference with Constitutionally
                                                regulatory action under section 3(f) of                 on the actions of Federal employees                    Protected Property Rights.
                                                Executive Order 12866, Regulatory                       who enforce, or otherwise determine
                                                Planning and Review, as supplemented                                                                           9. Civil Justice Reform
                                                                                                        compliance with, Federal regulations to
                                                by Executive Order 13563, Improving                     the Small Business and Agriculture                       This rule meets applicable standards
                                                Regulation and Regulatory Review, and                   Regulatory Enforcement Ombudsman                       in sections 3(a) and 3(b)(2) of Executive
                                                does not require an assessment of                       and the Regional Small Business                        Order 12988, Civil Justice Reform, to
                                                potential costs and benefits under                      Regulatory Fairness Boards. The                        minimize litigation, eliminate
                                                section 6(a)(3) of Executive Order 12866                Ombudsman evaluates these actions                      ambiguity, and reduce burden.
                                                or under section 1 of Executive Order                   annually and rates each agency’s
                                                13563. The Office of Management and                                                                            10. Protection of Children
                                                                                                        responsiveness to small business. If you
                                                Budget has not reviewed it under those                  wish to comment on actions by                            We have analyzed this rule under
                                                Orders. This rule establishes a                         employees of the Coast Guard, call 1–                  Executive Order 13045, Protection of
                                                temporary safety zone for vessels on all                888–REG–FAIR (1–888–734–3247). The                     Children from Environmental Health
                                                waters of the Ohio River from mile                      Coast Guard will not retaliate against                 Risks and Safety Risks. This rule is not
                                                618.5 to mile 619.5. The safety zone will               small entities that question or complain               an economically significant rule and
                                                be established for less than one hour.                  about this rule or any policy or action                does not create an environmental risk to
                                                Due to the limited scope and short                      of the Coast Guard.                                    health or risk to safety that may
                                                duration of the temporary safety zone,                                                                         disproportionately affect children.
                                                the impacts on routine navigation are                   4. Collection of Information
                                                                                                                                                               11. Indian Tribal Governments
                                                expected to be minimal.                                    This rule will not call for a new
                                                                                                        collection of information under the                       This rule does not have tribal
                                                2. Impact on Small Entities                                                                                    implications under Executive Order
                                                                                                        Paperwork Reduction Act of 1995 (44
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                                                   The Regulatory Flexibility Act of 1980               U.S.C. 3501–3520).                                     13175, Consultation and Coordination
                                                (RFA), 5 U.S.C. 601–612, as amended,                                                                           with Indian Tribal Governments,
                                                requires federal agencies to consider the               5. Federalism                                          because it does not have a substantial
                                                potential impact of regulations on small                   A rule has implications for federalism              direct effect on one or more Indian
                                                entities during rulemaking. The Coast                   under Executive Order 13132,                           tribes, on the relationship between the
                                                Guard certifies under 5 U.S.C. 605(b)                   Federalism, if it has a substantial direct             Federal Government and Indian tribes,
                                                that this rule will not have a significant              effect on the States, on the relationship              or on the distribution of power and


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                                                36926               Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations

                                                responsibilities between the Federal                       (b) Effective dates. This safety zone is            control movement of, vessels in the
                                                Government and Indian tribes.                           effective and will be enforced through                 safety zone. No person or vessel may
                                                                                                        actual notice from 10:00 p.m. through                  enter the safety zone while it is being
                                                12. Energy Effects
                                                                                                        10:30 p.m. on June 27, 2015.                           enforced without permission of the
                                                  This action is not a ‘‘significant                       (c) Regulations. (1) In accordance with             Captain of the Port Lake Michigan or a
                                                energy action’’ under Executive Order                   the general regulations in § 165.23, entry             designated representative.
                                                13211, Actions Concerning Regulations                   into this zone is prohibited unless                    DATES: The regulations in 33 CFR
                                                That Significantly Affect Energy Supply,                authorized by the Captain of the Port                  165.929 will be enforced for safety zone
                                                Distribution, or Use.                                   (COTP) Ohio Valley or a designated                     (f)(2), Table 165.929, from 8:30 a.m.
                                                13. Technical Standards                                 representative.                                        until 5 p.m. on each day of July 22, 2015
                                                                                                           (2) Persons or vessels desiring to enter            to July 26, 2015.
                                                  This rule does not use technical                      into or pass through the zone must
                                                standards. Therefore, we did not                        request permission from the COTP Ohio                  FOR FURTHER INFORMATION CONTACT: If
                                                consider the use of voluntary consensus                 Valley or a designated representative.                 you have questions on this document,
                                                standards.                                              They may be contacted on VHF–FM                        call or email MST1 Joseph McCollum,
                                                                                                        channel 16 or by telephone at 1–800–                   Prevention Department, Coast Guard
                                                14. Environment                                                                                                Sector Lake Michigan, Milwaukee, WI at
                                                                                                        253–7465.
                                                   We have analyzed this rule under                        (3) If permission is granted, all                   (414) 747–7148, email
                                                Department of Homeland Security                         persons and vessels shall comply with                  joseph.p.mccollum@uscg.mil.
                                                Management Directive 023–01 and                         the instructions of the COTP Ohio                      SUPPLEMENTARY INFORMATION: The Coast
                                                Commandant Instruction M16475.lD,                       Valley or designated representative.                   Guard will enforce the Milwaukee Air
                                                which guide the Coast Guard in                             (d) Informational broadcasts. The                   and Water Show safety zone listed as
                                                complying with the National                             COTP Ohio Valley or a designated                       item (f)(2) in Table 165.929 of 33 CFR
                                                Environmental Policy Act of 1969                        representative will inform the public                  165.929. Section 165.929 lists many
                                                (NEPA) (42 U.S.C. 4321–4370f), and                      through broadcast notices to mariners of               annual events requiring safety zones in
                                                have determined that this action is one                 the enforcement period for the                         the Captain of the Port Lake Michigan
                                                of a category of actions that do not                    temporary safety zone as well as any                   zone. This safety zone will encompass
                                                individually or cumulatively have a                     changes in the dates and times of                      all waters and adjacent shoreline of
                                                significant effect on the human                         enforcement.                                           Lake Michigan in the vicinity of
                                                environment. This rule is categorically                   Dated: June 9, 2015.                                 McKinley Park located within an area
                                                excluded from further review under                                                                             that is approximately 4800 by 1250
                                                                                                        R.V. Timme,
                                                paragraph 34(g) of Figure 2–1 of the                                                                           yards. The area will be bounded by the
                                                Commandant Instruction. Because this                    Captain, U.S. Coast Guard, Captain of the
                                                                                                        Port Ohio Valley.                                      points beginning at 43°02.450′ N.,
                                                safety zone is established in response to                                                                      087°52.850′ W.; then southeast to
                                                a temporary situation and is less than                  [FR Doc. 2015–15932 Filed 6–26–15; 8:45 am]
                                                                                                                                                               43°02.230′ N., 087°52.061′ W.; then
                                                one week in duration, an environmental                  BILLING CODE 9110–04–P
                                                                                                                                                               northeast to 43°04.543′ N., 087°50.801′
                                                analysis checklist and a categorical                                                                           W.; then northwest to 43°04.757′ N.,
                                                exclusion determination are not                                                                                087°51.512′ W.; then southwest
                                                required.                                               DEPARTMENT OF HOMELAND
                                                                                                        SECURITY                                               returning to the point of origin (NAD
                                                List of Subjects in 33 CFR Part 165                                                                            83). This zone will be enforced from
                                                                                                        Coast Guard                                            8:30 a.m. until 5 p.m. on each day of
                                                  Harbors, Marine safety, Navigation                                                                           July 22, 2015 to July 26, 2015.
                                                (water), Reporting and recordkeeping
                                                                                                        33 CFR Part 165                                           All vessels must obtain permission
                                                requirements, Security measures,
                                                                                                                                                               from the Captain of the Port Lake
                                                Waterways.                                              [Docket No. USCG–2015–0530]
                                                                                                                                                               Michigan, or the on-scene representative
                                                  For the reasons discussed in the                      RIN 1625–AA00                                          to enter, move within, or exit the safety
                                                preamble, the Coast Guard amends 33                                                                            zone. Requests must be made in
                                                CFR part 165 as follows:                                Safety Zone; Annual Events Requiring                   advance and approved by the Captain of
                                                                                                        Safety Zones in the Captain of the Port                the Port before transits will be
                                                PART 165—REGULATED NAVIGATION                           Lake Michigan Zone—Milwaukee Air                       authorized. Approvals will be granted
                                                AREAS AND LIMITED ACCESS AREAS                          and Water Show                                         on a case by case basis. Vessels and
                                                ■ 1. The authority citation for part 165                AGENCY:  Coast Guard, DHS.                             persons granted permission to enter the
                                                continues to read as follows:                           ACTION: Notice of enforcement of                       safety zone must obey all lawful orders
                                                                                                        regulation.                                            or directions of the Captain of the Port
                                                  Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                    Lake Michigan or a designated
                                                33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Department of Homeland Security Delegation              SUMMARY:   The Coast Guard will enforce                representative.
                                                No. 0170.1.                                             the safety zone on Lake Michigan in                       This document is issued under
                                                ■ 2. A new temporary § 165.T08–0198 is                  Milwaukee, WI for the Milwaukee Air                    authority of 33 CFR 165.929, Safety
                                                added to read as follows:                               and Water Show. This zone will be                      Zones; Annual events requiring safety
                                                                                                        enforced from 8:30 a.m. until 5 p.m. on                zones in the Captain of the Port Lake
                                                § 165.T08–0198 Safety Zone; Ohio River                  each day of July 22, 2015 to July 26,                  Michigan zone, and 5 U.S.C. 552(a). In
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                                                between mile 618.5 and mile 619.5,                      2015. This action is necessary and                     addition to this publication in the
                                                Louisville, KY.                                         intended to ensure safety of life on                   Federal Register, the Coast Guard will
                                                  (a) Location. The following area is a                 navigable waters immediately prior to,                 provide the maritime community with
                                                safety zone: All waters of the Ohio River               during, and immediately after the Air                  advance notification for the enforcement
                                                between mile 618.5 and mile 619.5,                      and Water Show. During the                             of this zone via Broadcast Notice to
                                                Louisville, KY, extending the entire                    aforementioned period, the Coast Guard                 Mariners or Local Notice to Mariners.
                                                width of the Ohio River.                                will enforce restrictions upon, and                    The Captain of the Port Lake Michigan


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Document Created: 2015-12-15 14:24:43
Document Modified: 2015-12-15 14:24:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective and will be enforced through actual notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015.
ContactIf you have questions on this rule, call or email Petty Officer Cody Robinson, U.S. Coast Guard; telephone 502-779-5347, email [email protected] If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202-366-9826.
FR Citation80 FR 36924 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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