81 FR 39187 - Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 81, Issue 116 (June 16, 2016)
Coast Guard
Federal Register Volume 81, Issue 116 (June 16, 2016)
| Page Range | 39187-39191 | |
| FR Document | 2016-14277 |
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)] [Rules and Regulations] [Pages 39187-39191] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14277] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2015-1039] RIN 1625-AA08 Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update AGENCY: Coast Guard, DHS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas. DATES: This rule is effective June 16, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2015-1039 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Captain of the Port (COTP) Ohio Valley is establishing, amending, and updating its current list of recurring special local regulations codified under 33 CFR 100.801 in Table no. 1, for the COTP Ohio Valley zone. On January 25, 2016, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Sector Ohio Valley Annual and Recurring Special Local Regulations Update (81 FR 3976). During the comment period that ended April 25, 2016, the Coast Guard received information regarding dates for three events from the event sponsors. This information is discussed in this document. We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making it effective less than 30 days after publication in the Federal Register. Though we are not providing a full 30-day delay in the effective date, the Coast Guard did provide notice and the opportunity to comment through the NPRM process and is now providing as much notice as possible before the first recurring event enforcement is required on June 19. It is impracticable to provide a full 30-days notice because this rule must be effective June 19, 2016 to accommodate the first event. III. Legal Authority and Need for Rule The Coast Guard's authority for establishing a special local regulation is contained at 33 U.S.C. 1233. The Coast Guard is amending and updating the special local regulations under 33 CFR part 100 to include the most up to date list of recurring special local regulations for events held on or around navigable waters within the Sector Ohio Valley AOR. These events include marine parades, boat races, swim events, and others. The current list under 33 CFR 100.801 requires amending to provide new information on existing special local regulations, include new special local regulations expected to recur annually or biannually, and to remove special local regulations that are no longer required. Issuing individual regulations for each new special local regulation, amendment, or removal of an existing special local regulation creates unnecessary administrative costs and burdens. This rulemaking reduces administrative overhead and provides the public with notice through publication in the Federal Register of the upcoming recurring special local regulations. IV. Discussion of Comments, Changes, and the Rule As noted above, we received information regarding three recurring events from the event sponsors during the NPRM comment period. This information requires changes to the regulatory text of this rule from the proposed rule in the NPRM. Those changes are as follows: Change 1: The sponsor of the Owensboro Air show requested a change to the proposed event date as listed in Table 1, Line 54. Instead of occurring 3 days during the first or second weekend in September, the new date will be published in the final rule as: 3 days during one of the last three weekends in September. This change was requested to enable the Air Show to take place without conflicting with other events occurring in September. Change 2: The sponsor of the REV3 Triathlon requested a change to the proposed date as listed in Table 1, Line 4. Instead of occurring 1 day during the first or second weekend in May, the new date will be published in the final rule as: 1 day during the third or fourth weekend in May starting in 2016. This change was requested due to scheduling conflicts with other events. This final rule was not published in time for the May 22, 2016 occurrence of this event. Therefore, a temporary final rule for this event was issued on May 20, 2016. That rule is accessible as indicated under ADDRESSES. Change 3: The sponsor of the Hadi-Shrine/Evansville Freedom Festival Air Show informed the Coast Guard that the proposed expanded date period from 3 to 4 days was no longer needed and the currently published date period of 3 days fits the air show portion of their event. Therefore, the date for this event as listed in Table 1, Line 46 will remain: 3 days during the second or third weekend in June. The event sponsor also informed the Coast Guard that the 2016 occurrence of this event fell on the fourth weekend in June. Therefore, a separate temporary final rule is being issued to establish the necessary special local regulation on June 24-26, 2016. That rule is available as indicated under ADDRESSES. These requested changes are based on the individual sponsors' efforts to coordinate events alongside others in the local community. In some instances, these changes have been advertised to and planned on by the local community, and minimally impact the dates of 3 events as listed in the NPRM. These [[Page 39188]] revised dates are also considered within the current environmental review. Therefore, the Coast Guard is publishing this final rule with the requested date changes. All proposed new additions to and removals from the recurring list remain the same as in the NPRM. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget. The Coast Guard expects the economic impact of this rule to be minimal, and therefore a full regulatory evaluation is unnecessary. This rule establishes special local regulations limiting access to certain areas under 33 CFR part 100 within Sector Ohio Valley's AOR. The effect of this rulemaking will not be significant because these special local regulations are limited in scope and duration. Additionally, the public is given advance notification through local forms of notice, the Federal Register, and/or Notices of Enforcement and thus will be able to plan around the special local regulations in advance. Deviation from the special local regulations established through this proposed rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis. Broadcast Notices to Mariners and Local Notices to Mariners will also inform the community of these special local regulations so that they may plan accordingly for these short restrictions on transit. Vessel traffic may request permission from the COTP Ohio Valley or a designated representative to enter the restricted areas. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard received 0 comments from the Small Business Administration on this 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. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit the special local regulation areas during periods of enforcement. The special local regulations will not have a significant economic impact on a substantial number of small entities because they are limited in scope and will be in effect for short periods of time. Before the enforcement period, the Coast Guard COTP will issue maritime advisories widely available to waterway users. Deviation from the special local regulations established through this rulemaking may be requested from the appropriate COTP and requests will be considered on a case-by-case basis. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. 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. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, 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 an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of special local regulations related to marine event permits for marine parades, regattas, and other marine events. It is categorically excluded from further [[Page 39189]] review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the U.S. Coast Guard amends 33 CFR part 100 as follows: PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS 0 1. The authority citation for part 100 continues to read as follows: Authority: 33 U.S.C. 1233 0 2. Amend Sec. 100.801 by revising table 1 of Sec. 100.801 to read as follows: Sec. 100.801 Annual Marine Events in the Eighth Coast Guard District. * * * * * Table 1 of Sec. 100.801--Ohio Valley Captain of the Port Zone Annual and Recurring Marine Events ---------------------------------------------------------------------------------------------------------------- Date Event/Sponsor Ohio Valley location Regulated area ---------------------------------------------------------------------------------------------------------------- 1. The first Saturday in April...... University of Charleston Charleston, WV......... Kanawha River, Mile Rowing/West Virginia 59.9-61.4 (West Governor's Cup Regatta. Virginia). 2. 1 day--Saturday before Memorial Venture Outdoors/Venture Pittsburgh, PA......... Allegheny River, Mile Day weekend. Outdoors Festival. 0.0-0.25 Monongahela River 0.0-0.25 (Pennsylvania). 3. 1 day--During the last week of Kentucky Derby Festival/ Louisville, KY......... Ohio River, Mile 596.0- April or first week of May. Belle of Louisville 604.3 (Kentucky). Operating Board/Great Steamboat Race. 4. 1 day--Third or fourth weekend in REV3/REV3 Triathlon..... Knoxville, TN.......... Tennessee River, Mile May. 646.0-649.0 (Tennessee). 5. 1 day--Third weekend in May...... World Triathlon Chattanooga, TN........ Tennessee River, Mile Corporation/IRONMAN 463.0-466.0 70.3. (Tennessee). 6. 1 day--second weekend in June.... Chattanooga Parks and Chattanooga, TN........ Tennessee River, Mile Rec/Chattanooga River 464.0-469.0 Rats Open Water Swim. (Tennessee). 7. 1 day--Third or fourth weekend in Greater Morgantown Morgantown, WV......... Monongahela River, Mile June. Convention and Visitors 101.0-102.0 (West Bureau/Mountaineer Virginia). Triathlon. 8. 2 days--First weekend of June.... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile Association. 30.0 (Kentucky). 9. Fourth Sunday in June............ Green Umbrella/Ohio Cincinnati, OH......... Ohio River, Mile 459.5- River Paddlefest. 470.2 (Ohio and Kentucky). 10. 1 day--Fourth or fifth Sunday in Green Umbrella/Great Cincinnati, OH......... Ohio River, Mile 469.8- September. Ohio River Swim. 470.2 (Ohio and Kentucky). 11. 1 day--One of the last two Ohio River Open Water Prospect, KY........... Ohio River, Mile 588.0- weekends in September. Swim. 590.0 9 (Kentucky). 12. 2 days--Second or third weekend Louisville Dragon Boat Louisville, KY......... Ohio River, Mile 603.0- in September. Festival. 603.5 (Kentucky). 13. 1 day--Third or fourth Sunday of Tucson Racing/Cincinnati Cincinnati, OH......... Ohio River, Mile 469.3- July. Triathlon. 470.2 (Ohio). 14. 2 days--First weekend of July... Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile Association. 30.0 (Kentucky). 15. 1 day--Second weekend in July... Bradley Dean/Renaissance Florence, AL........... Tennessee River, Mile Man Triathlon. 255.0-257.0 (Alabama). 16. 3 days--One of the first two Madison Regatta, Inc./ Madison, IN............ Ohio River, Mile 555.0- weekends in July. Madison Regatta. 560.0 (Indiana). 17. 1 day--Third Saturday in July... Pittsburgh Irish Rowing Pittsburgh, PA......... Miles 7-9, Ohio River Club/St. Brendan's Cup back channel Currach Regatta. (Pennsylvania). 18. 1 day--One of the last three Louisville Race the Louisville, KY......... Ohio River, Mile 601.5- weekends in June. Bridge Triathlon. 603.0 (Kentucky). 19. 1 day--Fourth weekend in June... Team Magic/Chattanooga Chattanooga, TN........ Tennessee River, Mile Waterfront Triathlon. 463.0-465.0 (Tennessee). 20. 1 day--Fourth weekend in July... Team Magic/Music City Nashville, TN.......... Cumberland River, Mile Triathlon. 190.0-192.0 (Tennessee). 21. 2 days--Last two weekends in Friends of the Pittsburgh, PA......... Allegheny River, Mile July or first week of August. Riverfront Inc./ 0.0-1.5 Pittsburgh Triathlon (Pennsylvania). and Adventure Races. 22. 3 days--First week of August.... EQT Pittsburgh Three Pittsburgh, PA......... Ohio River, Mile 0.0- Rivers Regatta. 0.5, Allegheny River, Mile 0.0-0.6, and Monongahela River, Mile 0.0-0.5 (Pennsylvania). 23. 2 days--First weekend of August. Kentucky Drag Boat Pisgah Bay, KY......... Tennessee River, Mile Association. 30.0 (Kentucky). 24. 2 days--last weekend in Captain Quarters Regatta Louisville, KY......... Ohio River, Mile 595.0- September. 597.0 (Kentucky). 25. 2 days--Second or third weekend Norton Healthcare/ Louisville, KY......... Ohio River, Mile 601.5- in October. Ironman Triathlon. 604.5 (Kentucky). 26. 2 days--Third full weekend Ohio County Tourism/ Rising Sun, IN......... Ohio River, Mile 504.0- (Saturday and Sunday) in August. Rising Sun Boat Races. 508.0 (Indiana and Kentucky). [[Page 39190]] 27. 1 day--Last weekend in August... Tennessee Clean Water Knoxville, TN.......... Tennessee River, Mile Network/Downtown Dragon 647.0-649.0 Boat Races. (Tennessee). 28. 3 days--Third weekend in August. Governors' Cup/UWP-IJSBA Charleston, WV......... Kanawha River, Mile National Championships. 56.7-57.6 (West Virginia). 29. 2 days--Fourth weekend in July.. Herd Racing LLC/ Huntington, WV......... Ohio River, Mile 307.3- Huntington Classic. 309.3 (West Virginia). 30. 2 days--Last weekend in Fall Records Challenge New Martinsville, WV... Ohio River, Mile 128.5- September. Committee/Fall Records 129.5 (West Virginia). Challenge. 31. 2 days--Labor Day weekend....... Wheeling Vintage Race Wheeling, WV........... Ohio River, Mile 090.4- Boat Association Ohio/ 091.5 (West Virginia). Wheeling Vintage Regatta. 32. 2 days--weekend before Labor Day SUP3Rivers The Southside Pittsburgh, PA......... Monongahela River, Mile Outside. 0.0-3.09 Allegheny River Mile 0.0-0.25 (Pennsylvania). 33. 1 day--Saturday before Labor Day Wheeling Dragon Boat Wheeling, WV........... Ohio River, Mile 90.4- Race. 91.5 (West Virginia). 34. 1 day--First or second weekend Cumberland River Compact/ Nashville, TN.......... Cumberland River, Mile in September. Cumberland River Dragon 190.0-192.0 Boat Festival. (Tennessee). 35. 2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland in September. Poker Run. (Kentucky). 36. 3 days--First or second weekend Sailing for a Cure Louisville, KY......... Ohio River, Mile 601.0- in September. Foundation/SFAC Fleur 604.0 (Kentucky). de Lis Regatta. 37. 1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0- September. Louisville/Ken``Ducky'' 604.0 (Kentucky). Derby. 38. 1 day--Last weekend in September World Triathlon Chattanooga, TN........ Tennessee River, Mile Corporation/IRONMAN 463.0-467.0 Chattanooga. (Tennessee). 39. 1 day--Second weekend in City of Clarksville/ Clarksville, TN........ Cumberland River, Mile September. Clarksville Riverfest 125.0-126.0 Cardboard Boat Regatta. (Tennessee). 40. 2 days--First weekend of October Three Rivers Rowing Pittsburgh, PA......... Allegheny River, Mile Association/Head of the 0.0-4.0 Ohio Regatta. (Pennsylvania). 41. 1 day--First or second weekend Lookout Rowing Club/ Chattanooga, TN........ Tennessee River, Mile in October. Chattanooga Head Race. 464.0-467.0 (Tennessee). 42. 1 day--Third weekend in November TREC-RACE/Pangorge...... Chattanooga, TN........ Tennessee River, Mile 444.0-455.0 (Tennessee). 43. 3 days--First weekend in Atlanta Rowing Club/Head Chattanooga, TN........ Tennessee River, Mile November. of the Hooch Rowing 464.0-467.0 Regatta. (Tennessee). 44. One Saturday in June or July.... Paducah Summer Festival/ Paducah, KY............ Ohio River, Mile 934- Cross River Swim. 936 (Kentucky). 45. 1 day--During the last weekend Louisville Metro Louisville, KY......... Ohio River, Mile 602.0- in May. Government/Mayor's 603.5 (Kentucky). Healthy Hometown Subway Fresh Fit, Hike, Bike and Paddle. 46. 3 days--Second or third weekend Hadi Shrine/Evansville Evansville, IN......... Ohio River, Mile 791.0- in June. Freedom Festival Air 795.0 (Indiana). Show. 47. 1 day--Second or third Saturday Allegheny Mountain LMSC/ Pittsburgh, PA......... Allegheny River, Mile in July. Search for Monongy. 0.0-0.6 (Pennsylvania). 48. 1 day--July 4th................. Wellsburg 4th of July Wellsburg, WV.......... Ohio River, Mile 73.5- Committee/Wellsburg 4th 74.5 (West Virginia). of July Fireworks. 49. 1 day--During the first week of Evansville Freedom Evansville, IN......... Ohio River, Mile 791.0- July. Celebration/4th of July 796.0 (Indiana). Freedom Celebration. 50. 1 day--First weekend in Louisville Metro Louisville, KY......... Ohio River, Mile 602.0- September. Government/Mayor's 603.5 (Kentucky). Healthy Hometown Subway Fresh Fit, Hike, Bike and Paddle. 51. 2 days--Third or fourth weekend Dare to Care/KFC Mayor's Louisville, KY......... Ohio River, Mile 601.0- in July. Cup Paddle Sports Races/ 604.0 (Kentucky). Voyageur Canoe World Championships. 52. 3 days--Fourth weekend in August Kentucky Drag Boat Livermore, KY.......... Green River, Mile 70.0- Association/Thunder on 71.5 (Kentucky). the Green. 53. 1 day--Fourth weekend in August. Team Rocket Tri-Club/ Huntsville, AL......... Tennessee River, Mile Rocketman Triathlon. 333.0-334.5 (Alabama). 54. 3 days--One of the last three Hadi Shrine/Owensboro Owensboro, KY.......... Ohio River, Mile 755.0- weekends in September. Air Show. 759.0 (Kentucky). 55. 1 day--First Sunday in August... HealthyHuntington.org/ Huntington, WV......... Ohio River, Mile 307.3- St. Marys Tri-state 308.3 (West Virginia). Triathlon. 56. 2 days--First Weekend in August. Buckeye Outboard Portsmouth, OH......... Ohio River, Mile 355.3- Association/Portsmouth 356.7 (Ohio). Challenge. 57. 1 day--Sunday before Labor Day.. Cincinnati Bell, WEBN, Cincinnati, OH......... Ohio River, Mile 464.0- and Proctor and Gamble/ 476.0 (Kentucky and Riverfest. Ohio) and Licking River Mile 0.0-3.0 (Kentucky). 58. 2 days--First or second weekend State Dock/Cumberland Jamestown, KY.......... Lake Cumberland in September. Poker Run. (Kentucky). 59. 1 day--One weekend, last half of Harbor House of Louisville, KY......... Ohio River, Mile 602.0- September. Louisville/Ken``Ducky'' 604.0 (Kentucky). Derby. [[Page 39191]] 60. Second Sunday in September...... Ohio River Sternwheel Marietta, OH........... Ohio River, Mile 170.5- Festival Committee 172.5 (Ohio). Sternwheel race reenactment. 61. Second Saturday in September.... Parkesburg Paddle Fest.. Parkersburg, WV........ Ohio River, Mile 184.3- 188 (West Virginia). 62. Three days during the fourth New Martinsville Records New Martinsville, WV... Ohio River, Mile 128- weekend in September. and Regatta Challenge 129 (West Virginia). Committee. 63. First weekend in July........... Eddyville Creek Marina/ Eddyville, KY.......... Cumberland River Mile Thunder Over Eddy Bay. 46.0-47.0 (Kentucky). 64. First or second weekend of July. Prizer Point Marina/4th Cadiz, KY.............. Cumberland River, Mile of July Celebration. 54.0-55.09 (Kentucky). 65. 2 days, last weekend in May or Visit Knoxville/Racing Knoxville, TN.......... Tennessee River, Mile first weekend in June. on the Tennessee. 647.0-648.0 (Tennessee). 66. 1 day--Second weekend in Start 2 Finish/Nashvegas Ashland City, TN....... Cumberland River, Mile September. Triathlon. 157.0-159.0 (Tennessee). ---------------------------------------------------------------------------------------------------------------- * * * * * Dated: May 20, 2016. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016-14277 Filed 6-15-16; 8:45 am] BILLING CODE 9110-04-P
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the public through broadcast notices to DHS Department of Homeland Security publication in the Federal Register of
mariners of the enforcement period for FR Federal Register the upcoming recurring special local
this special local regulation as well as NPRM Notice of proposed rulemaking regulations.
any changes in the dates and times of § Section
U.S.C. United States Code IV. Discussion of Comments, Changes,
enforcement.
and the Rule
Dated: May 26, 2016. II. Background Information and
Regulatory History As noted above, we received
R. V. Timme,
information regarding three recurring
Captain, U.S. Coast Guard, Captain of the The Captain of the Port (COTP) Ohio events from the event sponsors during
Port Ohio Valley. Valley is establishing, amending, and the NPRM comment period. This
[FR Doc. 2016–14276 Filed 6–15–16; 8:45 am] updating its current list of recurring information requires changes to the
BILLING CODE 9110–04–P special local regulations codified under regulatory text of this rule from the
33 CFR 100.801 in Table no. 1, for the proposed rule in the NPRM. Those
COTP Ohio Valley zone. changes are as follows:
DEPARTMENT OF HOMELAND On January 25, 2016, the Coast Guard Change 1: The sponsor of the
SECURITY published a notice of proposed Owensboro Air show requested a
rulemaking (NPRM) titled Sector Ohio change to the proposed event date as
Coast Guard Valley Annual and Recurring Special listed in Table 1, Line 54. Instead of
Local Regulations Update (81 FR 3976). occurring 3 days during the first or
33 CFR Part 100 During the comment period that ended second weekend in September, the new
[Docket Number USCG–2015–1039] April 25, 2016, the Coast Guard received date will be published in the final rule
information regarding dates for three as: 3 days during one of the last three
RIN 1625–AA08
events from the event sponsors. This weekends in September. This change
Special Local Regulations; Sector Ohio information is discussed in this was requested to enable the Air Show to
Valley Annual and Recurring Special document. take place without conflicting with
Local Regulations Update We are issuing this rule, and under 5 other events occurring in September.
U.S.C. 553(d)(3), the Coast Guard finds Change 2: The sponsor of the REV3
AGENCY: Coast Guard, DHS. that good cause exists for making it Triathlon requested a change to the
ACTION: Final rule. effective less than 30 days after proposed date as listed in Table 1, Line
publication in the Federal Register. 4. Instead of occurring 1 day during the
SUMMARY: The Coast Guard is amending Though we are not providing a full 30- first or second weekend in May, the new
and updating its special local day delay in the effective date, the Coast date will be published in the final rule
regulations relating to recurring marine Guard did provide notice and the as: 1 day during the third or fourth
parades, regattas, and other events that opportunity to comment through the weekend in May starting in 2016. This
take place in the Coast Guard Sector NPRM process and is now providing as change was requested due to scheduling
Ohio Valley area of responsibility much notice as possible before the first conflicts with other events. This final
(AOR). This rule informs the public of recurring event enforcement is required rule was not published in time for the
regularly scheduled events that require on June 19. It is impracticable to May 22, 2016 occurrence of this event.
additional safety measures through the
provide a full 30-days notice because Therefore, a temporary final rule for this
establishing of a special local regulation.
this rule must be effective June 19, 2016 event was issued on May 20, 2016. That
Through this rulemaking the current list
to accommodate the first event. rule is accessible as indicated under
of recurring special local regulations is
ADDRESSES.
updated with revisions, additional III. Legal Authority and Need for Rule
Change 3: The sponsor of the Hadi-
events, and removal of events that no The Coast Guard’s authority for Shrine/Evansville Freedom Festival Air
longer take place in Sector Ohio Valley’s establishing a special local regulation is Show informed the Coast Guard that the
AOR. When these special local contained at 33 U.S.C. 1233. The Coast proposed expanded date period from 3
regulations are enforced, certain Guard is amending and updating the to 4 days was no longer needed and the
restrictions are placed on marine traffic special local regulations under 33 CFR currently published date period of 3
in specified areas. part 100 to include the most up to date days fits the air show portion of their
DATES: This rule is effective June 16, list of recurring special local regulations event. Therefore, the date for this event
2016. for events held on or around navigable as listed in Table 1, Line 46 will remain:
ADDRESSES: To view documents waters within the Sector Ohio Valley 3 days during the second or third
mentioned in this preamble as being AOR. These events include marine weekend in June. The event sponsor
available in the docket, go to http:// parades, boat races, swim events, and also informed the Coast Guard that the
www.regulations.gov, type USCG–2015– others. The current list under 33 CFR 2016 occurrence of this event fell on the
1039 in the ‘‘SEARCH’’ box and click 100.801 requires amending to provide fourth weekend in June. Therefore, a
‘‘SEARCH.’’ Click on Open Docket new information on existing special separate temporary final rule is being
Folder on the line associated with this local regulations, include new special issued to establish the necessary special
rule. local regulations expected to recur local regulation on June 24–26, 2016.
FOR FURTHER INFORMATION CONTACT: If annually or biannually, and to remove That rule is available as indicated under
you have questions on this rule, call or special local regulations that are no ADDRESSES.
email Petty Officer James Robinson, longer required. Issuing individual These requested changes are based on
jstallworth on DSK7TPTVN1PROD with RULES
Sector Ohio Valley, U.S. Coast Guard; regulations for each new special local the individual sponsors’ efforts to
telephone (502) 779–5347, email regulation, amendment, or removal of coordinate events alongside others in
James.C.Robinson@uscg.mil. an existing special local regulation the local community. In some instances,
SUPPLEMENTARY INFORMATION: creates unnecessary administrative costs these changes have been advertised to
and burdens. This rulemaking reduces and planned on by the local community,
I. Table of Abbreviations administrative overhead and provides and minimally impact the dates of 3
CFR Code of Federal Regulations the public with notice through events as listed in the NPRM. These
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TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS—
Continued
Date Event/Sponsor Ohio Valley location Regulated area
60. Second Sunday in September ........ Ohio River Sternwheel Festival Com- Marietta, OH ........... Ohio River, Mile 170.5–172.5
mittee Sternwheel race reenactment. (Ohio).
61. Second Saturday in September ..... Parkesburg Paddle Fest .......................... Parkersburg, WV .... Ohio River, Mile 184.3–188 (West
Virginia).
62. Three days during the fourth week- New Martinsville Records and Regatta New Martinsville, Ohio River, Mile 128–129 (West Vir-
end in September. Challenge Committee. WV. ginia).
63. First weekend in July ...................... Eddyville Creek Marina/Thunder Over Eddyville, KY ........... Cumberland River Mile 46.0–47.0
Eddy Bay. (Kentucky).
64. First or second weekend of July .... Prizer Point Marina/4th of July Celebra- Cadiz, KY ................ Cumberland River, Mile 54.0–55.09
tion. (Kentucky).
65. 2 days, last weekend in May or first Visit Knoxville/Racing on the Tennessee Knoxville, TN ........... Tennessee River, Mile 647.0–648.0
weekend in June. (Tennessee).
66. 1 day—Second weekend in Sep- Start 2 Finish/Nashvegas Triathlon .......... Ashland City, TN ..... Cumberland River, Mile 157.0–
tember. 159.0 (Tennessee).
* * * * * Folder on the line associated with this rule is being issued for the 2016
Dated: May 20, 2016. rule. occurrence only. It is impracticable to
R.V. Timme, FOR FURTHER INFORMATION CONTACT: If publish an NPRM at this time because
you have questions about this this temporary final rule is necessary to
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley. rulemaking, call or email Petty Officer establish the special local regulation for
James Robinson, Sector Ohio Valley, this year’s occurrence beginning June
[FR Doc. 2016–14277 Filed 6–15–16; 8:45 am]
U.S. Coast Guard; telephone 502–779– 24, 2016.
BILLING CODE 9110–04–P We are issuing this rule, and under 5
5347, email James.C.Robinson@
uscg.mil. U.S.C. 553(d)(3), the Coast Guard finds
that good cause exists for making it
DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION:
effective less than 30 days after
SECURITY I. Table of Abbreviations publication in the Federal Register.
Coast Guard CFR Code of Federal Regulations
Delaying this rule to provide a full 30
DHS Department of Homeland Security days notice is unnecessary as this event
33 CFR Part 100 FR Federal Register is a recurring event advertised to, and
NPRM Notice of proposed rulemaking planned on, by the local community and
[Docket Number USCG–2016–0395] § Section waterway users that are familiar with
U.S.C. United States Code this location on the Ohio River.
RIN 1625–AA08 Delaying this rule would also be
II. Background Information and
Regulatory History contrary to public interest because
Special Local Regulation; Ohio River immediate action is necessary for the
Mile 791.0 to 795.0, Evansville, IN On January 25, 2016, the Coast Guard safety of life during an air show taking
published a notice of proposed place over this navigable waterway.
AGENCY: Coast Guard, DHS. rulemaking (NPRM) titled Sector Ohio Broadcast Notices to Mariners (BNM)
ACTION: Temporary final rule. Valley Annual and Recurring Special and information sharing with the
Local Regulations Update (81 FR 3976). waterway users will update mariners of
SUMMARY: The Coast Guard is That proposed rulemaking included
establishing a temporary special local the restrictions, requirements and
expanding the date for this event and enforcement times during this event.
regulation for all waters of the Ohio related special local regulation in the
River, surface to bottom, extending from permanent list of recurring events under III. Legal Authority and Need for Rule
mile 791.0 to 795.0. This action is 33 CFR 100.801, Table 1, from 3 days to
necessary to provide for the safety of life The Coast Guard is issuing this rule
4 days during the second or third under authority in 33 U.S.C. 1233. The
on these navigable waters near weekend in June. There we stated why
Evansville, IN, during the Evansville Captain of the Port Ohio Valley (COTP)
we issued the NPRM, and invited has determined that potential hazards
Freedom Festival Air Show. Entry of comments on our proposed regulatory
vessels or persons into this regulated associated with the air show starting
action. The NPRM received no adverse June 24, 2016 will be a safety concern
area is prohibited unless specifically comments and the comment period
authorized by the Captain of the Port or for all waters of the Ohio River, surface
closed April 25, 2016. However, during to bottom, extending from mile 791.0 to
a designated representative. the comment period for the NPRM, the 795.0. The purpose of this rule is to
DATES: This rule is effective from 11:00 sponsor of the Hadi Shrine/Evansville ensure safety of life on the navigable
a.m., June 24, 2016 through 6:00 p.m., Freedom Festival Air Show informed us waters in the temporary regulated area
June 26, 2016. This rule will be enforced that the air show portion of the event before, during, and after the Evansville
jstallworth on DSK7TPTVN1PROD with RULES
through actual notice. would continue to take place for only 3 Freedom Festival Air Show.
ADDRESSES: To view documents days, including a practice day.
mentioned in this preamble as being Therefore, there is no need to extend the IV. Discussion of the Rule
available in the docket, go to http:// effective period from 3 to 4 days for this This rule establishes a special local
www.regulations.gov, type USCG–2016– event. However, for the 2016 occurrence regulation from June 24 through June
0395 in the ‘‘SEARCH’’ box and click the festival dates fall on the fourth 26, 2016. The special local regulation
‘‘SEARCH.’’ Click on Open Docket weekend in June, so this temporary final will cover all waters of the Ohio River,
VerDate Sep<11>2014 13:07 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\16JNR1.SGM 16JNR1](https://thefederalregister.org/doc/81_FR_39303/page/5.svg)
Document Created: 2016-06-16 00:37:41
Document Modified: 2016-06-16 00:37:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective June 16, 2016. | |
| Contact | If you have questions on this rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email [email protected] | |
| FR Citation | 81 FR 39187 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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