81_FR_39307 81 FR 39191 - Special Local Regulation; Ohio River Mile 791.0 to 795.0, Evansville, IN

81 FR 39191 - Special Local Regulation; Ohio River Mile 791.0 to 795.0, Evansville, IN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range39191-39193
FR Document2016-14271

The Coast Guard is establishing a temporary special local regulation for all waters of the Ohio River, surface to bottom, extending from mile 791.0 to 795.0. This action is necessary to provide for the safety of life on these navigable waters near Evansville, IN, during the Evansville Freedom Festival Air Show. Entry of vessels or persons into this regulated area is prohibited unless specifically authorized by the Captain of the Port or a designated representative.

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)
[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39191-39193]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14271]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0395]
RIN 1625-AA08


Special Local Regulation; Ohio River Mile 791.0 to 795.0, 
Evansville, IN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all waters of the Ohio River, surface to bottom, 
extending from mile 791.0 to 795.0. This action is necessary to provide 
for the safety of life on these navigable waters near Evansville, IN, 
during the Evansville Freedom Festival Air Show. Entry of vessels or 
persons into this regulated area is prohibited unless specifically 
authorized by the Captain of the Port or a designated representative.

DATES: This rule is effective from 11:00 a.m., June 24, 2016 through 
6:00 p.m., June 26, 2016. This rule will be enforced through actual 
notice.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0395 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 about this 
rulemaking, 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

    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). That proposed rulemaking 
included expanding the date for this event and related special local 
regulation in the permanent list of recurring events under 33 CFR 
100.801, Table 1, from 3 days to 4 days during the second or third 
weekend in June. There we stated why we issued the NPRM, and invited 
comments on our proposed regulatory action. The NPRM received no 
adverse comments and the comment period closed April 25, 2016. However, 
during the comment period for the NPRM, the sponsor of the Hadi Shrine/
Evansville Freedom Festival Air Show informed us that the air show 
portion of the event would continue to take place for only 3 days, 
including a practice day. Therefore, there is no need to extend the 
effective period from 3 to 4 days for this event. However, for the 2016 
occurrence the festival dates fall on the fourth weekend in June, so 
this temporary final rule is being issued for the 2016 occurrence only. 
It is impracticable to publish an NPRM at this time because this 
temporary final rule is necessary to establish the special local 
regulation for this year's occurrence beginning June 24, 2016.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying this rule to 
provide a full 30 days notice is unnecessary as this event is a 
recurring event advertised to, and planned on, by the local community 
and waterway users that are familiar with this location on the Ohio 
River. Delaying this rule would also be contrary to public interest 
because immediate action is necessary for the safety of life during an 
air show taking place over this navigable waterway. Broadcast Notices 
to Mariners (BNM) and information sharing with the waterway users will 
update mariners of the restrictions, requirements and enforcement times 
during this event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Ohio Valley (COTP) has determined that 
potential hazards associated with the air show starting June 24, 2016 
will be a safety concern for all waters of the Ohio River, surface to 
bottom, extending from mile 791.0 to 795.0. The purpose of this rule is 
to ensure safety of life on the navigable waters in the temporary 
regulated area before, during, and after the Evansville Freedom 
Festival Air Show.

IV. Discussion of the Rule

    This rule establishes a special local regulation from June 24 
through June 26, 2016. The special local regulation will cover all 
waters of the Ohio River,

[[Page 39192]]

surface to bottom, extending from mile 791.0 to 795.0. Transit into and 
through this area is prohibited from 11:00 a.m. to 6:00 p.m. each day 
beginning June 24, 2016 through June 26, 2016. The duration of the 
special local regulation is intended to ensure the safety of vessels 
and these navigable waters before, during, and after the scheduled air 
show and fireworks displays. No vessel or person will be permitted to 
enter the special local regulation without obtaining permission from 
the COTP or a designated representative. Deviations request will be 
considered and reviewed on a case-by-case basis. The COTP Ohio Valley 
may be contacted by telephone at 1-800-253-7475 or can be reached by 
VHF-FM channel 16. Public notifications will be made to the local 
maritime community prior to the event through the Local Notice to 
Mariners, and Broadcast Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the special local regulation. 
The temporary special local regulation will only be in effect for 
approximately seven hours each day. The Coast Guard expects minimum 
adverse impact to mariners from the special local regulation's 
activation as the event has been advertised to the public. Also, 
mariners may request authorization from the COTP Ohio Valley or the 
designated representatives to transit the special local regulations.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
special local regulation may be small entities, for the reasons stated 
in section V.A above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. 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 Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

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 a special local regulation lasting less than seven hours 
a day that will prohibit entry on all waters of the Ohio River, surface 
to bottom, extending from mile 791.0 to 795.0. It is categorically 
excluded from further 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.

[[Page 39193]]

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233


0
2. Add Sec.  100.T08-0395 to read as follows:


Sec.  100.T08-0395  Special Local Regulation; Ohio River between mile 
791.0 and 795.0, Evansville, IN.

    (a) Special local regulated area. The following area is a temporary 
special local regulation for all waters of the Ohio River between mile 
791.0 and mile 795.0, Evansville, IN, extending the entire width of the 
Ohio River.
    (b) Enforcement. This special local regulation will be enforced 
from 11:00 a.m. until 6:00 p.m. each day beginning June 24, 2016 
through June 26, 2016. For purposes of enforcement, actual notice will 
be provided.
    (c) Special local regulations. (1) Persons or vessels desiring to 
enter into or passage through the regulated area must request 
permission from the COTP Ohio Valley or a designated representative. 
They may be contacted on VHF-FM radio channel 16 or phone at 1-800-253-
7465.
    (2) The Coast Guard will patrol the regulated area under the 
direction of a designated Coast Guard Patrol Commander. The Patrol 
Commander may be contacted via VHF-FM radio channel 16 or by phone at 
502-587-8633.
    (3) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the regulated area as well as 
any changes in the planned schedule.

    Dated: May 26, 2016.
E.D. Denley,
Commander, U.S. Coast Guard, Acting Captain of the Port Ohio Valley.
[FR Doc. 2016-14271 Filed 6-15-16; 8:45 am]
 BILLING CODE 9110-04-P



                                                                     Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations                                                        39191

                                                      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,


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                                                39192              Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations

                                                surface to bottom, extending from mile                  requires Federal agencies to consider                  with the fundamental federalism
                                                791.0 to 795.0. Transit into and through                the potential impact of regulations on                 principles and preemption requirements
                                                this area is prohibited from 11:00 a.m.                 small entities during rulemaking. The                  described in Executive Order 13132.
                                                to 6:00 p.m. each day beginning June 24,                term ‘‘small entities’’ comprises small                   Also, this rule does not have tribal
                                                2016 through June 26, 2016. The                         businesses, not-for-profit organizations               implications under Executive Order
                                                duration of the special local regulation                that are independently owned and                       13175, Consultation and Coordination
                                                is intended to ensure the safety of                     operated and are not dominant in their                 with Indian Tribal Governments,
                                                vessels and these navigable waters                      fields, and governmental jurisdictions                 because it does not have a substantial
                                                before, during, and after the scheduled                 with populations of less than 50,000.                  direct effect on one or more Indian
                                                air show and fireworks displays. No                     The Coast Guard certifies under 5 U.S.C.               tribes, on the relationship between the
                                                vessel or person will be permitted to                   605(b) that this rule will not have a                  Federal Government and Indian tribes,
                                                enter the special local regulation                      significant economic impact on a                       or on the distribution of power and
                                                without obtaining permission from the                   substantial number of small entities.                  responsibilities between the Federal
                                                COTP or a designated representative.                       While some owners or operators of                   Government and Indian tribes. If you
                                                Deviations request will be considered                   vessels intending to transit the special               believe this rule has implications for
                                                and reviewed on a case-by-case basis.                   local regulation may be small entities,                federalism or Indian tribes, please
                                                The COTP Ohio Valley may be                             for the reasons stated in section V.A                  contact the person listed in the FOR
                                                contacted by telephone at 1–800–253–                    above, this rule will not have a                       FURTHER INFORMATION CONTACT section
                                                7475 or can be reached by VHF–FM                        significant economic impact on any                     above.
                                                channel 16. Public notifications will be                vessel owner or operator.
                                                made to the local maritime community                       Under section 213(a) of the Small                   E. Unfunded Mandates Reform Act
                                                prior to the event through the Local                    Business Regulatory Enforcement
                                                                                                                                                                 The Unfunded Mandates Reform Act
                                                Notice to Mariners, and Broadcast                       Fairness Act of 1996 (Pub. L. 104–121),
                                                                                                                                                               of 1995 (2 U.S.C. 1531–1538) requires
                                                Notice to Mariners.                                     we want to assist small entities in
                                                                                                                                                               Federal agencies to assess the effects of
                                                                                                        understanding this rule. If the rule
                                                V. Regulatory Analyses                                                                                         their discretionary regulatory actions. In
                                                                                                        would affect your small business,
                                                                                                                                                               particular, the Act addresses actions
                                                  We developed this rule after                          organization, or governmental
                                                                                                                                                               that may result in the expenditure by a
                                                considering numerous statutes and                       jurisdiction and you have questions
                                                                                                                                                               State, local, or tribal government, in the
                                                Executive orders related to rulemaking.                 concerning its provisions or options for
                                                                                                                                                               aggregate, or by the private sector of
                                                Below we summarize our analyses                         compliance, please contact the person
                                                                                                                                                               $100,000,000 (adjusted for inflation) or
                                                based on a number of these statutes and                 listed in the FOR FURTHER INFORMATION
                                                                                                                                                               more in any one year. Though this rule
                                                Executive orders, and we discuss First                  CONTACT section.
                                                                                                           Small businesses may send comments                  will not result in such an expenditure,
                                                Amendment rights of protestors.
                                                                                                        on the actions of Federal employees                    we do discuss the effects of this rule
                                                A. Regulatory Planning and Review                       who enforce, or otherwise determine                    elsewhere in this preamble.
                                                   Executive Orders 12866 and 13563                     compliance with, Federal regulations to                F. Environment
                                                direct agencies to assess the costs and                 the Small Business and Agriculture
                                                benefits of available regulatory                        Regulatory Enforcement Ombudsman                         We have analyzed this rule under
                                                alternatives and, if regulation is                      and the Regional Small Business                        Department of Homeland Security
                                                necessary, to select regulatory                         Regulatory Fairness Boards. The                        Management Directive 023–01 and
                                                approaches that maximize net benefits.                  Ombudsman evaluates these actions                      Commandant Instruction M16475.lD,
                                                Executive Order 13563 emphasizes the                    annually and rates each agency’s                       which guide the Coast Guard in
                                                importance of quantifying both costs                    responsiveness to small business. If you               complying with the National
                                                and benefits, of reducing costs, of                     wish to comment on actions by                          Environmental Policy Act of 1969 (42
                                                harmonizing rules, and of promoting                     employees of the Coast Guard, call 1–                  U.S.C. 4321–4370f), and have
                                                flexibility. This rule has not been                     888–REG–FAIR (1–888–734–3247). The                     determined that this action is one of a
                                                designated a ‘‘significant regulatory                   Coast Guard will not retaliate against                 category of actions that do not
                                                action,’’ under Executive Order 12866.                  small entities that question or complain               individually or cumulatively have a
                                                Accordingly, it has not been reviewed                   about this rule or any policy or action                significant effect on the human
                                                by the Office of Management and                         of the Coast Guard.                                    environment. This rule involves a
                                                Budget.                                                                                                        special local regulation lasting less than
                                                   This regulatory action determination                 C. Collection of Information                           seven hours a day that will prohibit
                                                is based on the size, location, duration,                 This rule will not call for a new                    entry on all waters of the Ohio River,
                                                and time-of-year of the special local                   collection of information under the                    surface to bottom, extending from mile
                                                regulation. The temporary special local                 Paperwork Reduction Act of 1995 (44                    791.0 to 795.0. It is categorically
                                                regulation will only be in effect for                   U.S.C. 3501–3520).                                     excluded from further review under
                                                approximately seven hours each day.                                                                            paragraph 34(h) of Figure 2–1 of the
                                                                                                        D. Federalism and Indian Tribal                        Commandant Instruction.
                                                The Coast Guard expects minimum
                                                                                                        Governments
                                                adverse impact to mariners from the                                                                            G. Protest Activities
                                                special local regulation’s activation as                   A rule has implications for federalism
                                                the event has been advertised to the                    under Executive Order 13132,                             The Coast Guard respects the First
                                                public. Also, mariners may request                      Federalism, if it has a substantial direct             Amendment rights of protesters.
jstallworth on DSK7TPTVN1PROD with RULES




                                                authorization from the COTP Ohio                        effect on the States, on the relationship              Protesters are asked to contact the
                                                Valley or the designated representatives                between the national government and                    person listed in the FOR FURTHER
                                                to transit the special local regulations.               the States, or on the distribution of                  INFORMATION CONTACT section to
                                                                                                        power and responsibilities among the                   coordinate protest activities so that your
                                                B. Impact on Small Entities                             various levels of government. We have                  message can be received without
                                                  The Regulatory Flexibility Act of                     analyzed this rule under that Order and                jeopardizing the safety or security of
                                                1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                  people, places or vessels.


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                                                                   Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations                                               39193

                                                List of Subjects in 33 CFR Part 100                     DEPARTMENT OF HOMELAND                                 provisions of 33 CFR 165.1124, a vessel
                                                                                                        SECURITY                                               may not enter the regulated area, unless
                                                  Marine safety, Navigation (water),                                                                           it receives permission from the Captain
                                                Reporting and recordkeeping                             Coast Guard                                            of the Port, or his designated
                                                requirements, Waterways.                                                                                       representative. Spectator vessels may
                                                  For the reasons discussed in the                      33 CFR Part 165                                        safely transit outside the regulated area
                                                preamble, the Coast Guard amends 33                     [Docket No. USCG–2016–0443]
                                                                                                                                                               but may not anchor, block, loiter, or
                                                CFR part 100 as follows:                                                                                       impede the transit of participants or
                                                                                                        Safety Zone; Annual Firework Events                    official patrol vessels. The Coast Guard
                                                PART 100—SAFETY OF LIFE ON                              on the Colorado River, Between Davis                   may be assisted by other Federal, State,
                                                NAVIGABLE WATERS                                        Dam (Bullhead City, Arizona) and                       or Local law enforcement agencies in
                                                                                                        Headgate Dam (Parker, Arizona) Within                  enforcing this regulation.
                                                ■ 1. The authority citation for part 100                the San Diego Captain of the Port Zone                    This document is issued under
                                                continues to read as follows:                                                                                  authority of 33 CFR 165.1124 and 5
                                                                                                        AGENCY:  Coast Guard, DHS.                             U.S.C. 552(a). In addition to this
                                                    Authority: 33 U.S.C. 1233
                                                                                                        ACTION: Notice of enforcement of                       document in the Federal Register, the
                                                ■ 2. Add § 100.T08–0395 to read as                      regulation.                                            Coast Guard will provide the maritime
                                                follows:                                                                                                       community with advance notification of
                                                                                                        SUMMARY:    The Coast Guard will enforce               this enforcement period via the Local
                                                § 100.T08–0395 Special Local Regulation;                the safety zone for the Laughlin/                      Notice to Mariners and local advertising
                                                Ohio River between mile 791.0 and 795.0,                Bullhead City Rockets Over the River
                                                Evansville, IN.
                                                                                                                                                               by the event sponsor.
                                                                                                        Fireworks on the Colorado River in                        If the Captain of the Port or his
                                                   (a) Special local regulated area. The                Laughlin, Nevada and Bullhead City,                    designated representative determines
                                                following area is a temporary special                   Arizona on Saturday, July 2, 2016 and                  that the regulated area need not be
                                                local regulation for all waters of the                  Monday, July 4, 2016. This safety zone                 enforced for the full duration stated on
                                                Ohio River between mile 791.0 and mile                  is necessary to provide for the safety of              this document, he or she may use a
                                                795.0, Evansville, IN, extending the                    the participants, spectators, official                 Broadcast Notice to Mariners or other
                                                entire width of the Ohio River.                         vessels of the event, and general users                communications coordinated with the
                                                   (b) Enforcement. This special local                  of the waterway. Our regulation for                    event sponsor to grant general
                                                regulation will be enforced from 11:00                  annual fireworks events on the Colorado                permission to enter the regulated area.
                                                a.m. until 6:00 p.m. each day beginning                 River within the San Diego Captain of
                                                                                                                                                                 Dated: June 2, 2106.
                                                June 24, 2016 through June 26, 2016.                    the Port Zone identifies the regulated
                                                                                                                                                               E.M. Cooper,
                                                For purposes of enforcement, actual                     area for this event. During the
                                                                                                        enforcement period, no spectators shall                Commander, U. S. Coast Guard, Acting
                                                notice will be provided.                                                                                       Captain of the Port San Diego.
                                                                                                        anchor, block, loiter in, or impede the
                                                   (c) Special local regulations. (1)                                                                          [FR Doc. 2016–14274 Filed 6–15–16; 8:45 am]
                                                                                                        transit of official patrol vessels in the
                                                Persons or vessels desiring to enter into                                                                      BILLING CODE 9110–04–P
                                                                                                        regulated area without the approval of
                                                or passage through the regulated area
                                                                                                        the Captain of the Port, or designated
                                                must request permission from the COTP
                                                                                                        representative.
                                                Ohio Valley or a designated                                                                                    DEPARTMENT OF HOMELAND
                                                representative. They may be contacted                   DATES: The regulations in 33 CFR                       SECURITY
                                                on VHF–FM radio channel 16 or phone                     165.1124 will be enforced from 8 p.m.
                                                at 1–800–253–7465.                                      through 10 p.m. on July 2 and July 4,                  Coast Guard
                                                   (2) The Coast Guard will patrol the                  2016, for Item 2 in Table 1 of
                                                                                                        § 165.1124.                                            33 CFR Part 165
                                                regulated area under the direction of a
                                                designated Coast Guard Patrol                           FOR FURTHER INFORMATION CONTACT: If                    [Docket No. USCG–2016–0408]
                                                Commander. The Patrol Commander                         you have questions on this publication,
                                                may be contacted via VHF–FM radio                       call or email Petty Officer Randolph                   Safety Zone; Annual Firework Events
                                                channel 16 or by phone at 502–587–                      Pahilanga, Waterways Management,                       on the Colorado River, Between Davis
                                                8633.                                                   U.S. Coast Guard Sector San Diego, CA;                 Dam (Bullhead City, Arizona) and
                                                                                                        telephone 619–278–7656, email                          Headgate Dam (Parker, Arizona) Within
                                                   (3) The Patrol Commander may
                                                                                                        D11MarineEventsSD@uscg.mil.                            the San Diego Captain of the Port Zone
                                                terminate the event or the operation of
                                                any vessel at any time it is deemed                     SUPPLEMENTARY INFORMATION: The Coast                   AGENCY:  Coast Guard, DHS.
                                                necessary for the protection of life or                 Guard will enforce the regulations in 33               ACTION: Notice of enforcement of
                                                property.                                               CFR 165.1124 for a safety zone on the                  regulation.
                                                   (d) Informational broadcasts. The                    Colorado River in Laughlin, Nevada and
                                                COTP Ohio Valley or a designated                        Bullhead City, Arizona for the Laughlin/               SUMMARY:   The Coast Guard will enforce
                                                representative will inform the public                   Bullhead City Rockets Over the River                   the safety zone for the Avi Resort and
                                                through broadcast notices to mariners of                Fireworks in 33 CFR 165.1124, Table 1,                 Casino Independence Day Fireworks
                                                the enforcement period for the regulated                Item 2 of that section from 8 p.m.                     display on the Colorado River in
                                                area as well as any changes in the                      through 10 p.m. on July 2 and July 4,                  Laughlin, Nevada on Monday, July 4,
                                                planned schedule.                                       2016. This enforcement action is being                 2016. This safety zone is necessary to
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        taken to provide for the safety of life on             provide for the safety of the
                                                  Dated: May 26, 2016.                                  navigable waterways during the                         participants, spectators, official vessels
                                                E.D. Denley,                                            fireworks event. Our regulation for                    of the event, and general users of the
                                                Commander, U.S. Coast Guard, Acting                     annual fireworks events on the Colorado                waterway. Our regulation for annual
                                                Captain of the Port Ohio Valley.                        River within the San Diego Captain of                  firework events on the Colorado River
                                                [FR Doc. 2016–14271 Filed 6–15–16; 8:45 am]             the Port Zone identifies the regulated                 within the San Diego Captain of the Port
                                                BILLING CODE 9110–04–P                                  entities for this event. Under the                     Zone identifies the regulated area for


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Document Created: 2016-06-16 00:37:37
Document Modified: 2016-06-16 00:37:37
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 from 11:00 a.m., June 24, 2016 through 6:00 p.m., June 26, 2016. This rule will be enforced through actual notice.
ContactIf you have questions about this rulemaking, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5347, email [email protected]
FR Citation81 FR 39191 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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