81 FR 63698 - Special Local Regulation; Ohio River, Madison, IN

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 180 (September 16, 2016)

Page Range		63698-63700
FR Document		2016-22319

The Coast Guard is establishing a special local regulation for all waters of the Ohio River, surface to bottom, extending from Ohio River mile 557.5 to 558.5 in Madison, IN on September 17 and September 18, 2016. This action is necessary to provide for the safety of life on these navigable waters near Madison, IN during the high-speed boat race on September 17 and September 18, 2016. This regulation prohibits persons and vessels from being in the regulated area unless authorized by the Captain of the Port Ohio Valley or a designated representative.

Federal Register, Volume 81 Issue 180 (Friday, September 16, 2016)

[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63698-63700]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22319]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0717]
RIN 1625-AA08


Special Local Regulation; Ohio River, Madison, IN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all waters of the Ohio River, surface to bottom, extending from Ohio 
River mile 557.5 to 558.5 in Madison, IN on September 17 and September 
18, 2016. This action is necessary to provide for the safety of life on 
these navigable waters near Madison, IN during the high-speed boat race 
on September 17 and September 18, 2016. This regulation prohibits 
persons and vessels from being in the regulated area unless authorized 
by the Captain of the Port Ohio Valley or a designated representative.

DATES: This rule is effective from 8 a.m. on September 17, 2016 to 6 
p.m. September 18, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type [USCG-
2016-0717] 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 Joshua Herriott, Sector Ohio Valley, U.S. 
Coast Guard; telephone 502-779-5343, 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 February 03, 2016, the ``5 to the 5'' Vintage Hydros 
Organization notified the Coast Guard that it will be sponsoring a 
high-speed boat race from 8:00 a.m. to 6:00 p.m. on September 17 and 
September 18, 2016. The race will take place at Ohio River mile 557.5 
to 558.5 in the vicinity of Madison, IN. The Captain of the Port Ohio 
Valley (COTP) has determined that potential hazards associated with the 
high-speed regatta would be a safety concern for anyone within in the 
proposed regulated area.
    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because there is not time to complete the 
NPRM process due to unforeseen administrative delays. This event has 
been advertised to the local community and waterway users and it would 
be impracticable solicit public comment for this event because it must 
be in place on September 17 and September 18, 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. This rule is necessary 
for the safety of life during high-speed boat races on this section of 
navigable waters. It would be impracticable to delay this rule to 
provide a full 30 days notice because the event is scheduled and has 
been advertised to the local community to take place on September 17 
and September 18, 2016.

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 deemed the 
potential hazards associated with the high-speed boat races to occur 
September 17 and September 18, 2016 will be a safety concern for anyone 
within the regulated area. The purpose of this rulemaking is to ensure 
the safety of vessels and spectators within the regulated area before, 
during, and after the scheduled event.

IV. Discussion of the Rule

    As noted above, the Coast Guard will establish a special local 
regulation from 8:00 a.m. to 6:00 p.m. on September 17 and September 
18, 2016. The special local regulation will cover all navigable waters 
from mile 557.5 to 558.5 on the Ohio River in the vicinity of Madison, 
IN. The duration of the regulated area is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
scheduled event. No vessel or person will be permitted to enter the 
special local regulation without obtaining permission from the COTP or 
a designated representative. Deviation requests will be considered and 
reviewed on a case-by-case basis. The COTP Ohio Valley may be contacted 
by telephone at 1-800-253-7475 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 the First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and

[[Page 63699]]

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-day of the regulated area. Vessel 
traffic will be able to safely transit through the affected area before 
and after the scheduled event. Moreover, the Coast Guard will issue 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
regulated area and the rule allows vessels to seek permission to enter 
the area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 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 
regulated area may be small entities, for the reasons stated in section 
V. 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. 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.

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 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 from 8:00 a.m. to 6:00 
p.m. on September 17 and September 18, 2016. It is categorically 
excluded from further review under paragraph 34(h) of Figure 2-1 of the 
Commandant Instruction. An environmental analysis checklist supporting 
this determination and a Categorical Exclusion Determination are 
available in the docket where indicated under ADDRESSES.

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 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.  100.35T08-0717 to read as follows:


Sec.  100.35T08-0717  Special Local Regulation; Ohio River, Mile 557.5 
to 558.5, Madison, IN.

    (a) Location. All waters of the Ohio River beginning at mile marker 
557.5 and ending at mile marker 558.5 in Madison, IN.
    (b) Period of enforcement. This rule will be enforceable from 8:00 
a.m. to 6:00 p.m. on September 17 and September 18, 2016.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35, entry into this area is prohibited unless authorized by 
the Captain of the Port Ohio Valley or a designated representative.
    (2) Persons or vessels desiring entry into or passage through the 
area must request permission from the Captain of the Port Ohio Valley 
or a designated representative. U.S. Coast Guard Sector

[[Page 63700]]

Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1-800-253-
7465.

    Dated: September 12, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-22319 Filed 9-15-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 63699

benefits of available regulatory Regulatory Fairness Boards. If you wish Environmental Policy Act of 1969 (42
alternatives and, if regulation is to comment on actions by employees of U.S.C. 4321–4370f), and have
necessary, to select regulatory the Coast Guard, call 1–888–REG–FAIR determined that this action is one of a
approaches that maximize net benefits. (1–888–734–3247). The Coast Guard category of actions that do not
Executive Order 13563 emphasizes the will not retaliate against small entities individually or cumulatively have a
importance of quantifying both costs that question or complain about this significant effect on the human
and benefits, of reducing costs, of rule or any policy or action of the Coast environment. This rule involves a
harmonizing rules, and of promoting Guard. special local regulation lasting from 8:00
flexibility. This rule has not been a.m. to 6:00 p.m. on September 17 and
designated a ‘‘significant regulatory C. Collection of Information
September 18, 2016. It is categorically
action,’’ under Executive Order 12866. This rule will not call for a new excluded from further review under
Accordingly, it has not been reviewed collection of information under the paragraph 34(h) of Figure 2–1 of the
by the Office of Management and Paperwork Reduction Act of 1995 (44 Commandant Instruction. An
Budget. U.S.C. 3501–3520). environmental analysis checklist
This regulatory action determination supporting this determination and a
D. Federalism and Indian Tribal
is based on the size, location, duration, Categorical Exclusion Determination are
Governments
and time-of-day of the regulated area. available in the docket where indicated
Vessel traffic will be able to safely A rule has implications for under ADDRESSES.
transit through the affected area before Federalism under Executive Order
and after the scheduled event. 13132, Federalism, if it has a substantial G. Protest Activities
Moreover, the Coast Guard will issue direct effect on the States, on the The Coast Guard respects the First
Broadcast Notice to Mariners via VHF– relationship between the national Amendment rights of protesters.
FM marine channel 16 about the government and the States, or on the Protesters are asked to contact the
regulated area and the rule allows distribution of power and person listed in the FOR FURTHER
vessels to seek permission to enter the responsibilities among the various INFORMATION CONTACT section to
area. levels of government. We have analyzed coordinate protest activities so that your
this rule under that Order and have message can be received without
B. Impact on Small Entities
determined that it is consistent with the jeopardizing the safety or security of
The Regulatory Flexibility Act of fundamental Federalism principles and people, places or vessels.
1980, 5 U.S.C. 601–612, as amended, preemption requirements described in
requires Federal agencies to consider Executive Order 13132. List of Subjects in 33 CFR Part 100
the potential impact of regulations on Also, this rule does not have tribal Marine safety, Navigation (water),
small entities during rulemaking. The implications under Executive Order Reporting and recordkeeping
term ‘‘small entities’’ comprises small 13175, Consultation and Coordination requirements, Waterways.
businesses, not-for-profit organizations with Indian Tribal Governments, For the reasons discussed in the
that are independently owned and because it does not have a substantial preamble, the Coast Guard amends 33
operated and are not dominant in their direct effect on one or more Indian CFR part 100 as follows:
fields, and governmental jurisdictions tribes, on the relationship between the
with populations of less than 50,000. Federal Government and Indian tribes, PART 100—SAFETY OF LIFE ON
The Coast Guard certifies under 5 U.S.C. or on the distribution of power and NAVIGABLE WATERS
605(b) that this rule will not have a responsibilities between the Federal
significant economic impact on a Government and Indian tribes. If you ■ 1. The authority citation for part 100
substantial number of small entities. believe this rule has implications for continues to read as follows:
While some owners or operators of Federalism or Indian tribes, please Authority: 33 U.S.C. 1233.
vessels intending to transit the regulated contact the person listed in the FOR ■ 2. Add § 100.35T08–0717 to read as
area may be small entities, for the FURTHER INFORMATION CONTACT section. follows:
reasons stated in section V. above, this
rule will not have a significant E. Unfunded Mandates Reform Act § 100.35T08–0717 Special Local
economic impact on any vessel owner The Unfunded Mandates Reform Act Regulation; Ohio River, Mile 557.5 to 558.5,
or operator. of 1995 (2 U.S.C. 1531–1538) requires Madison, IN.
Under section 213(a) of the Small Federal agencies to assess the effects of (a) Location. All waters of the Ohio
Business Regulatory Enforcement their discretionary regulatory actions. In River beginning at mile marker 557.5
Fairness Act of 1996 (Pub. L. 104–121), particular, the Act addresses actions and ending at mile marker 558.5 in
we want to assist small entities in that may result in the expenditure by a Madison, IN.
understanding this rule. If the rule State, local, or tribal government, IN the (b) Period of enforcement. This rule
would affect your small business, aggregate, or by the private sector of will be enforceable from 8:00 a.m. to
organization, or governmental $100,000,000 (adjusted for inflation) or 6:00 p.m. on September 17 and
jurisdiction and you have questions more in any one year. Though this rule September 18, 2016.
concerning its provisions or options for will not result in such expenditure, we (c) Regulations. (1) In accordance with
compliance, please contact the person do discuss the effects of this rule the general regulations in § 100.35, entry
listed in the FOR FURTHER INFORMATION elsewhere in this preamble. into this area is prohibited unless
CONTACT section. authorized by the Captain of the Port
Small businesses may send comments F. Environment Ohio Valley or a designated
Lhorne on DSK30JT082PROD with RULES

on the actions of Federal employees We have analyzed this rule under representative.
who enforce, or otherwise determine Department of Homeland Security (2) Persons or vessels desiring entry
compliance with, Federal regulations to Management Directive 023–01 and into or passage through the area must
the Small Business and Agriculture Commandant Instruction M16475.lD, request permission from the Captain of
Regulatory Enforcement Ombudsman which guide the Coast Guard in the Port Ohio Valley or a designated
and the Regional Small Business complying with the National representative. U.S. Coast Guard Sector

VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\16SER1.SGM 16SER1

Document Created: 2016-09-16 00:26:02
Document Modified: 2016-09-16 00:26:02

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		Temporary final rule.
Dates		This rule is effective from 8 a.m. on September 17, 2016 to 6 p.m. September 18, 2016.
Contact		If you have questions on this rule, call or email Petty Officer Joshua Herriott, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5343, email [email protected]
FR Citation		81 FR 63698
RIN Number		1625-AA08
CFR Associated		Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

81 FR 63698 - Special Local Regulation; Ohio River, Madison, IN

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 180 (September 16, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard