83_FR_30213 83 FR 30089 - Special Local Regulation; Ohio River, Owensboro, KY

83 FR 30089 - Special Local Regulation; Ohio River, Owensboro, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range30089-30091
FR Document2018-13734

The Coast Guard proposes to establish a temporary special local regulation for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker (MM) 754.0 to MM 760.0. This action is necessary to provide for the safety of persons, vessels, and the marine environment during the Owensboro Airshow. This proposed rulemaking would prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. We invite your comments on this proposed rulemaking.

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018)
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Proposed Rules]
[Pages 30089-30091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13734]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / 
Proposed Rules

[[Page 30089]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0548]
RIN 1625-AA08


Special Local Regulation; Ohio River, Owensboro, KY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard proposes to establish a temporary special 
local regulation for all navigable waters of the Ohio River, extending 
the entire width of the river, from mile marker (MM) 754.0 to MM 760.0. 
This action is necessary to provide for the safety of persons, vessels, 
and the marine environment during the Owensboro Airshow. This proposed 
rulemaking would prohibit persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port Sector Ohio 
Valley or a designated representative. We invite your comments on this 
proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before July 27, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0548 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for 
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further 
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Riley Jackson, Sector 
Ohio Valley, U.S. Coast Guard; telephone 502-779-5348, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The City of Owensboro notified the Coast Guard that it would be 
conducting an airshow practice over the Ohio River from mile marker 
(MM) 754.0 to MM 760.0 from noon to 4 p.m. on September 13, 2018. Over 
the years, there have been unfortunate instances of aircraft mishaps 
that involve crashing during performances at various air shows around 
the world. Occasionally, these incidents result in a wide area of 
scattered debris in the water that can damage property or cause 
significant injury or death to the public observing the air shows. The 
Captain of the Port Sector Ohio Valley (COTP) has determined that a 
special local regulation is necessary to protect the public from 
potential hazards associated with the aerial flight demonstration.
    This proposed rulemaking adds an extra day to the recurring special 
local regulation for the Owensboro Airshow listed in our regulation for 
marine events within the Eighth Coast Guard District, 33 CFR 100.801, 
Table 1, Line 43. The airshow is requiring another day of practice 
flights for the Blue Angels that will be participating in this year's 
event.
    The purpose of this rulemaking is to ensure the safety of persons, 
vessels, and the marine environment on the navigable waters of the Ohio 
River before, during, and after the Owensboro Airshow. The Coast Guard 
proposes this rulemaking under authority in 33 U.S.C. 1233.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary special local regulation 
for all navigable waters of the Ohio River from MM 754.0 to MM 760.0 
from noon to 4 p.m. on September 13, 2018. The regulated area would 
cover all navigable waters of the Ohio River, extending the entire 
width of the river, between MM 754.0 and MM 760.0 in Owensboro, KY. The 
duration of the special local regulation is intended to ensure the 
safety of persons, vessels, and the marine environment on these 
navigable waters before, during, and after the Owensboro Airshow.
    No vessel or person would be permitted to enter the regulated area 
without obtaining permission from the COTP or a designated 
representative. A designated representative is a commissioned, warrant, 
or petty officer of the U.S. Coast Guard assigned to units under the 
operational control of USCG Sector Ohio Valley. They may be contacted 
on VHF-FM Channel 16 or by telephone at 1-800-253-7465. A designated 
representative may be a Patrol Commander (PATCOM). The PATCOM would be 
aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM 
may be contacted on Channel 16 VHF-FM (156.8 MHz) by the call sign 
``PATCOM''. All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    Spectator vessels desiring to transit the regulated area may do so 
only with prior approval of the PATCOM and, when so directed by that 
officer, would be operated at a minimum safe navigation speed in a 
manner which will not endanger any other vessels. No spectator vessel 
shall anchor, block, loiter, or impede the through transit of official 
patrol vessels in the regulated area during the effective dates and 
times, unless cleared for entry by or through an official patrol 
vessel. Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the air show.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the directions given. Failure to do so may result in 
expulsion from the regulated area, citation for failure to comply, or 
both.

[[Page 30090]]

    The COTP or a designated representative may terminate the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property. The COTP or a designated representative would 
terminate enforcement of the special local regulation at the conclusion 
of the air show. The COTP or a designated representative will inform 
the public of the enforcement times and date for this regulated area 
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners 
(LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as 
appropriate.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. Below we summarize our 
analyses based on a number of these statutes 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This Notice of Proposed 
Rulemaking (NPRM) has not been designated a ``significant regulatory 
action,'' under Executive Order 12866. Accordingly, the NPRM has not 
been reviewed by the Office of Management and Budget (OMB), and 
pursuant to OMB guidance it is exempt from the requirements of 
Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the temporary special local 
regulation. This proposed special local regulation restricts transit on 
a four-mile stretch of the Ohio River for four hours on one day. 
Moreover, the Coast Guard would issue Broadcast Notices to Mariners, 
Local Notices to Mariners, and Marine Safety Information Bulletins 
about this special local regulation so that waterway users may plan 
accordingly for this short restriction on transit, and the rule would 
allow vessels to request permission to enter the regulated 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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
temporary special local regulation may be small entities, for the 
reasons stated in section IV.A above, this proposed rule would not have 
a significant economic impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this proposed rule. If the rule would affect 
your small business, organization, or governmental jurisdiction and you 
have questions concerning its provisions or options for compliance, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this proposed rule or any policy or action 
of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed 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 proposed rule would not 
result in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security (DHS) Directive 023-01, which guides the Coast Guard in 
complying with the National Environmental Policy Act of 1969 (42 U.S.C. 
4321-4370f), and have made a preliminary determination that this action 
is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
proposed rule involves a special local regulation that would prohibit 
entry on a four-mile stretch of the Ohio River on one day. Normally 
such actions are categorically excluded from further review under 
paragraph L61 of Appendix A, Table 1 of DHS Instruction Manual 023-01-
001-01, Rev. 01. A preliminary Record of Environmental Consideration 
supporting this determination is available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
proposed rule.

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

[[Page 30091]]

jeopardizing the safety or security of people, places, or vessels.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking, 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, visit http://www.regulations.gov/privacyNotice.
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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 proposes 
to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

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

    Authority:  33 U.S.C. 1233; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0548 to read as follows:


Sec.  100.35T08-0548   Special Local Regulation; Ohio River, Owensboro, 
KY.

    (a) Location. The following area is a temporary special local 
regulation: All navigable waters of the Ohio River, extending the 
entire width of the river, between mile marker (MM) 754.0 and MM 760.0, 
Owensboro, KY.
    (b) Effective period. This section is effective from noon through 4 
p.m. on September 13, 2018.
    (c) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.801, entry into this area is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Ohio 
Valley. They may be contacted on VHF-FM Channel 16 or by telephone at 
1-800-253-7465. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM will be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official patrol vessels'' consist of any Coast Guard, state, or local 
law enforcement and sponsor provided vessels assigned or approved by 
the COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the PATCOM and when so directed by that 
officer will be operated at a minimum safe navigation speed in a manner 
which will not endanger any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of official patrol vessels in the regulated area during 
the effective dates and times, unless cleared for entry by or through 
an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the air show.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the regulated area, citation for failure 
to comply, or both.
    (7) The COTP or a designated representative may terminate the 
operation of any vessel at any time it is deemed necessary for the 
protection of life or property.
    (8) The COTP or a designated representative will terminate 
enforcement of the special local regulation at the conclusion of the 
air show.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts 
(MSIBs) as appropriate.

    Dated: June 21, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-13734 Filed 6-26-18; 8:45 am]
 BILLING CODE 9110-04-P



                                                                                                                                                                                                     30089

                                                  Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                 Vol. 83, No. 124

                                                                                                                                                                 Wednesday, June 27, 2018



                                                  This section of the FEDERAL REGISTER                    I. Table of Abbreviations                              regulation is intended to ensure the
                                                  contains notices to the public of the proposed                                                                 safety of persons, vessels, and the
                                                                                                          CFR Code of Federal Regulations
                                                  issuance of rules and regulations. The                                                                         marine environment on these navigable
                                                                                                          COTP Captain of the Port Sector Ohio
                                                  purpose of these notices is to give interested                                                                 waters before, during, and after the
                                                                                                            Valley
                                                  persons an opportunity to participate in the                                                                   Owensboro Airshow.
                                                                                                          DHS Department of Homeland Security
                                                  rule making prior to the adoption of the final
                                                  rules.
                                                                                                          FR Federal Register                                       No vessel or person would be
                                                                                                          MM Mile marker                                         permitted to enter the regulated area
                                                                                                          NPRM Notice of proposed rulemaking                     without obtaining permission from the
                                                                                                          § Section                                              COTP or a designated representative. A
                                                  DEPARTMENT OF HOMELAND                                  U.S.C. United States Code
                                                  SECURITY                                                                                                       designated representative is a
                                                                                                          II. Background, Purpose, and Legal                     commissioned, warrant, or petty officer
                                                  Coast Guard                                             Basis                                                  of the U.S. Coast Guard assigned to
                                                                                                             The City of Owensboro notified the                  units under the operational control of
                                                  33 CFR Part 100                                         Coast Guard that it would be conducting                USCG Sector Ohio Valley. They may be
                                                                                                          an airshow practice over the Ohio River                contacted on VHF–FM Channel 16 or by
                                                  [Docket Number USCG–2018–0548]                          from mile marker (MM) 754.0 to MM                      telephone at 1–800–253–7465. A
                                                                                                          760.0 from noon to 4 p.m. on September                 designated representative may be a
                                                                                                          13, 2018. Over the years, there have                   Patrol Commander (PATCOM). The
                                                  RIN 1625–AA08
                                                                                                          been unfortunate instances of aircraft                 PATCOM would be aboard either a
                                                  Special Local Regulation; Ohio River,                   mishaps that involve crashing during                   Coast Guard or Coast Guard Auxiliary
                                                  Owensboro, KY                                           performances at various air shows                      vessel. The PATCOM may be contacted
                                                                                                          around the world. Occasionally, these                  on Channel 16 VHF–FM (156.8 MHz) by
                                                  AGENCY:   Coast Guard, DHS.                             incidents result in a wide area of                     the call sign ‘‘PATCOM’’. All persons
                                                  ACTION:   Notice of proposed rulemaking.                scattered debris in the water that can                 and vessels not registered with the
                                                                                                          damage property or cause significant                   sponsor as participants or official patrol
                                                  SUMMARY:   The Coast Guard proposes to                  injury or death to the public observing                vessels are considered spectators. The
                                                  establish a temporary special local                     the air shows. The Captain of the Port                 ‘‘official patrol vessels’’ consist of any
                                                  regulation for all navigable waters of the              Sector Ohio Valley (COTP) has                          Coast Guard, state, or local law
                                                  Ohio River, extending the entire width                  determined that a special local                        enforcement and sponsor provided
                                                  of the river, from mile marker (MM)                     regulation is necessary to protect the                 vessels assigned or approved by the
                                                  754.0 to MM 760.0. This action is                       public from potential hazards associated               COTP to patrol the regulated area.
                                                  necessary to provide for the safety of                  with the aerial flight demonstration.                     Spectator vessels desiring to transit
                                                  persons, vessels, and the marine                           This proposed rulemaking adds an                    the regulated area may do so only with
                                                  environment during the Owensboro                        extra day to the recurring special local               prior approval of the PATCOM and,
                                                  Airshow. This proposed rulemaking                       regulation for the Owensboro Airshow                   when so directed by that officer, would
                                                  would prohibit persons and vessels                      listed in our regulation for marine                    be operated at a minimum safe
                                                  from being in the regulated area unless                 events within the Eighth Coast Guard                   navigation speed in a manner which
                                                  authorized by the Captain of the Port                   District, 33 CFR 100.801, Table 1, Line                will not endanger any other vessels. No
                                                  Sector Ohio Valley or a designated                      43. The airshow is requiring another day               spectator vessel shall anchor, block,
                                                  representative. We invite your                          of practice flights for the Blue Angels                loiter, or impede the through transit of
                                                  comments on this proposed rulemaking.                   that will be participating in this year’s              official patrol vessels in the regulated
                                                  DATES: Comments and related material                    event.                                                 area during the effective dates and
                                                  must be received by the Coast Guard on                     The purpose of this rulemaking is to                times, unless cleared for entry by or
                                                  or before July 27, 2018.                                ensure the safety of persons, vessels,                 through an official patrol vessel. Any
                                                  ADDRESSES: You may submit comments                      and the marine environment on the                      spectator vessel may anchor outside the
                                                  identified by docket number USCG–                       navigable waters of the Ohio River                     regulated area, but may not anchor in,
                                                  2018–0548 using the Federal                             before, during, and after the Owensboro                block, or loiter in a navigable channel.
                                                  eRulemaking Portal at http://                           Airshow. The Coast Guard proposes this                 Spectator vessels may be moored to a
                                                  www.regulations.gov. See the ‘‘Public                   rulemaking under authority in 33 U.S.C.                waterfront facility within the regulated
                                                  Participation and Request for                           1233.                                                  area in such a way that they shall not
                                                  Comments’’ portion of the                                                                                      interfere with the progress of the air
                                                                                                          III. Discussion of Proposed Rule                       show.
                                                  SUPPLEMENTARY INFORMATION section for
                                                  further instructions on submitting                         The COTP proposes to establish a                       The COTP or a designated
                                                                                                          temporary special local regulation for all             representative may forbid and control
nshattuck on DSK9F9SC42PROD with PROPOSALS




                                                  comments.
                                                                                                          navigable waters of the Ohio River from                the movement of all vessels in the
                                                  FOR FURTHER INFORMATION CONTACT:     If                 MM 754.0 to MM 760.0 from noon to 4                    regulated area. When hailed or signaled
                                                  you have questions about this proposed                  p.m. on September 13, 2018. The                        by an official patrol vessel, a vessel shall
                                                  rulemaking, call or email Petty Officer                 regulated area would cover all navigable               come to an immediate stop and comply
                                                  Riley Jackson, Sector Ohio Valley, U.S.                 waters of the Ohio River, extending the                with the directions given. Failure to do
                                                  Coast Guard; telephone 502–779–5348,                    entire width of the river, between MM                  so may result in expulsion from the
                                                  email SECOHV-WWM@uscg.mil.                              754.0 and MM 760.0 in Owensboro, KY.                   regulated area, citation for failure to
                                                  SUPPLEMENTARY INFORMATION:                              The duration of the special local                      comply, or both.


                                             VerDate Sep<11>2014   14:24 Jun 26, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\27JNP1.SGM   27JNP1


                                                  30090                 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules

                                                     The COTP or a designated                             small entities during rulemaking. The                  Order 13175, Consultation and
                                                  representative may terminate the                        term ‘‘small entities’’ comprises small                Coordination with Indian Tribal
                                                  operation of any vessel at any time it is               businesses, not-for-profit organizations               Governments, because it would not have
                                                  deemed necessary for the protection of                  that are independently owned and                       a substantial direct effect on one or
                                                  life or property. The COTP or a                         operated and are not dominant in their                 more Indian tribes, on the relationship
                                                  designated representative would                         fields, and governmental jurisdictions                 between the Federal Government and
                                                  terminate enforcement of the special                    with populations of less than 50,000.                  Indian tribes, or on the distribution of
                                                  local regulation at the conclusion of the               The Coast Guard certifies under 5 U.S.C.               power and responsibilities between the
                                                  air show. The COTP or a designated                      605(b) that this proposed rule would not               Federal Government and Indian tribes.
                                                  representative will inform the public of                have a significant economic impact on                  If you believe this proposed rule has
                                                  the enforcement times and date for this                 a substantial number of small entities.                implications for federalism or Indian
                                                  regulated area through Broadcast                           While some owners or operators of                   tribes, please contact the person listed
                                                  Notices to Mariners (BNMs), Local                       vessels intending to transit the                       in the FOR FURTHER INFORMATION
                                                  Notices to Mariners (LNMs), and/or                      temporary special local regulation may                 CONTACT section.
                                                  Marine Safety Information Broadcasts                    be small entities, for the reasons stated
                                                                                                          in section IV.A above, this proposed                   E. Unfunded Mandates Reform Act
                                                  (MSIBs) as appropriate.
                                                     The regulatory text we are proposing                 rule would not have a significant                         The Unfunded Mandates Reform Act
                                                  appears at the end of this document.                    economic impact on any vessel owner                    of 1995 (2 U.S.C. 1531–1538) requires
                                                                                                          or operator.                                           Federal agencies to assess the effects of
                                                  IV. Regulatory Analyses                                    If you think that your business,                    their discretionary regulatory actions. In
                                                    We developed this proposed rule after                 organization, or governmental                          particular, the Act addresses actions
                                                  considering numerous statutes and                       jurisdiction qualifies as a small entity               that may result in the expenditure by a
                                                  Executive orders related to rulemaking.                 and that this rule would have a                        State, local, or tribal government, in the
                                                  Below we summarize our analyses                         significant economic impact on it,                     aggregate, or by the private sector of
                                                  based on a number of these statutes and                 please submit a comment (see                           $100,000,000 (adjusted for inflation) or
                                                  Executive orders and we discuss First                   ADDRESSES) explaining why you think it                 more in any one year. Though this
                                                  Amendment rights of protestors.                         qualifies and how and to what degree                   proposed rule would not result in such
                                                  A. Regulatory Planning and Review                       this rule would economically affect it.                an expenditure, we do discuss the
                                                                                                             Under section 213(a) of the Small                   effects of this rule elsewhere in this
                                                     Executive Orders 12866 and 13563                     Business Regulatory Enforcement
                                                  direct agencies to assess the costs and                                                                        preamble.
                                                                                                          Fairness Act of 1996 (Pub. L. 104–121),
                                                  benefits of available regulatory                        we want to assist small entities in                    F. Environment
                                                  alternatives and, if regulation is                      understanding this proposed rule. If the
                                                  necessary, to select regulatory                                                                                   We have analyzed this proposed rule
                                                                                                          rule would affect your small business,
                                                  approaches that maximize net benefits.                                                                         under Department of Homeland
                                                                                                          organization, or governmental
                                                  Executive Order 13771 directs agencies                                                                         Security (DHS) Directive 023–01, which
                                                                                                          jurisdiction and you have questions
                                                  to control regulatory costs through a                                                                          guides the Coast Guard in complying
                                                                                                          concerning its provisions or options for
                                                  budgeting process. This Notice of                                                                              with the National Environmental Policy
                                                                                                          compliance, please contact the person
                                                  Proposed Rulemaking (NPRM) has not                                                                             Act of 1969 (42 U.S.C. 4321–4370f), and
                                                                                                          listed in the FOR FURTHER INFORMATION
                                                  been designated a ‘‘significant                                                                                have made a preliminary determination
                                                                                                          CONTACT section. The Coast Guard will
                                                  regulatory action,’’ under Executive                                                                           that this action is one of a category of
                                                                                                          not retaliate against small entities that
                                                  Order 12866. Accordingly, the NPRM                                                                             actions that do not individually or
                                                                                                          question or complain about this
                                                  has not been reviewed by the Office of                                                                         cumulatively have a significant effect on
                                                                                                          proposed rule or any policy or action of
                                                  Management and Budget (OMB), and                                                                               the human environment. This proposed
                                                                                                          the Coast Guard.
                                                  pursuant to OMB guidance it is exempt                                                                          rule involves a special local regulation
                                                  from the requirements of Executive                      C. Collection of Information                           that would prohibit entry on a four-mile
                                                  Order 13771.                                              This proposed rule would not call for                stretch of the Ohio River on one day.
                                                     This regulatory action determination                 a new collection of information under                  Normally such actions are categorically
                                                  is based on the size, location, duration,               the Paperwork Reduction Act of 1995                    excluded from further review under
                                                  and time-of-day of the temporary special                (44 U.S.C. 3501–3520).                                 paragraph L61 of Appendix A, Table 1
                                                  local regulation. This proposed special                                                                        of DHS Instruction Manual 023–01–
                                                  local regulation restricts transit on a                 D. Federalism and Indian Tribal                        001–01, Rev. 01. A preliminary Record
                                                  four-mile stretch of the Ohio River for                 Governments                                            of Environmental Consideration
                                                  four hours on one day. Moreover, the                       A rule has implications for federalism              supporting this determination is
                                                  Coast Guard would issue Broadcast                       under Executive Order 13132,                           available in the docket where indicated
                                                  Notices to Mariners, Local Notices to                   Federalism, if it has a substantial direct             under ADDRESSES. We seek any
                                                  Mariners, and Marine Safety                             effect on the States, on the relationship              comments or information that may lead
                                                  Information Bulletins about this special                between the national government and                    to the discovery of a significant
                                                  local regulation so that waterway users                 the States, or on the distribution of                  environmental impact from this
                                                  may plan accordingly for this short                     power and responsibilities among the                   proposed rule.
                                                  restriction on transit, and the rule                    various levels of government. We have
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                                                                                                                                                                 G. Protest Activities
                                                  would allow vessels to request                          analyzed this proposed rule under that
                                                  permission to enter the regulated area.                 Order and have determined that it is                     The Coast Guard respects the First
                                                                                                          consistent with the fundamental                        Amendment rights of protesters.
                                                  B. Impact on Small Entities                             federalism principles and preemption                   Protesters are asked to contact the
                                                    The Regulatory Flexibility Act of                     requirements described in Executive                    person listed in the FOR FURTHER
                                                  1980, 5 U.S.C. 601–612, as amended,                     Order 13132.                                           INFORMATION CONTACT section to
                                                  requires Federal agencies to consider                      Also, this proposed rule does not have              coordinate protest activities so that your
                                                  the potential impact of regulations on                  tribal implications under Executive                    message can be received without


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                                                                        Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules                                                  30091

                                                  jeopardizing the safety or security of                  between mile marker (MM) 754.0 and                     deemed necessary for the protection of
                                                  people, places, or vessels.                             MM 760.0, Owensboro, KY.                               life or property.
                                                                                                             (b) Effective period. This section is                  (8) The COTP or a designated
                                                  V. Public Participation and Request for
                                                                                                          effective from noon through 4 p.m. on                  representative will terminate
                                                  Comments
                                                                                                          September 13, 2018.                                    enforcement of the special local
                                                     We view public participation as                         (c) Special local regulations. (1) In               regulation at the conclusion of the air
                                                  essential to effective rulemaking, and                  accordance with the general regulations                show.
                                                  will consider all comments and material                 in § 100.801, entry into this area is                     (d) Information broadcasts. The COTP
                                                  received during the comment period.                     prohibited unless authorized by the                    or a designated representative will
                                                  Your comment can help shape the                         Captain of the Port Sector Ohio Valley                 inform the public of the enforcement
                                                  outcome of this rulemaking. If you                      (COTP) or a designated representative.                 times and date for this regulated area
                                                  submit a comment, please include the                    A designated representative is a                       through Broadcast Notices to Mariners
                                                  docket number for this rulemaking,                      commissioned, warrant, or petty officer                (BNMs), Local Notices to Mariners
                                                  indicate the specific section of this                   of the U.S. Coast Guard assigned to                    (LNMs), and/or Marine Safety
                                                  document to which each comment                          units under the operational control of                 Information Broadcasts (MSIBs) as
                                                  applies, and provide a reason for each                  USCG Sector Ohio Valley. They may be                   appropriate.
                                                  suggestion or recommendation.                           contacted on VHF–FM Channel 16 or by                     Dated: June 21, 2018.
                                                     We encourage you to submit                           telephone at 1–800–253–7465. A
                                                  comments through the Federal                                                                                   M.B. Zamperini,
                                                                                                          designated representative may be a                     Captain, U.S. Coast Guard, Captain of the
                                                  eRulemaking Portal at http://                           Patrol Commander (PATCOM). The
                                                  www.regulations.gov. If your material                                                                          Port Sector Ohio Valley.
                                                                                                          PATCOM will be aboard either a Coast                   [FR Doc. 2018–13734 Filed 6–26–18; 8:45 am]
                                                  cannot be submitted using http://                       Guard or Coast Guard Auxiliary vessel.
                                                  www.regulations.gov, contact the person                 The PATCOM may be contacted on
                                                                                                                                                                 BILLING CODE 9110–04–P
                                                  in the FOR FURTHER INFORMATION                          Channel 16 VHF–FM (156.8 MHz) by
                                                  CONTACT section of this document for                    the call sign ‘‘PATCOM’’.
                                                  alternate instructions.                                    (2) All persons and vessels not                     FEDERAL COMMUNICATIONS
                                                     We accept anonymous comments. All                    registered with the sponsor as                         COMMISSION
                                                  comments received will be posted                        participants or official patrol vessels are
                                                  without change to http://                                                                                      47 CFR Parts 54 and 64
                                                                                                          considered spectators. The ‘‘official
                                                  www.regulations.gov and will include                    patrol vessels’’ consist of any Coast                  [WC Docket No. 10–90, 14–58, 07–135 and
                                                  any personal information you have                       Guard, state, or local law enforcement                 CC Docket No. 01–92; Report No. 3091]
                                                  provided. For more about privacy and                    and sponsor provided vessels assigned
                                                  the docket, visit http://                                                                                      Petitions for Reconsideration of Action
                                                                                                          or approved by the COTP to patrol the
                                                  www.regulations.gov/privacyNotice.                                                                             in Rulemaking Proceeding
                                                                                                          regulated area.
                                                     Documents mentioned in this NPRM
                                                                                                             (3) Spectator vessels desiring to                   Correction
                                                  as being available in the docket, and all
                                                                                                          transit the regulated area may do so only
                                                  public comments, will be in our online                                                                            In proposed rule document 2018–
                                                                                                          with prior approval of the PATCOM and
                                                  docket at http://www.regulations.gov                                                                           12786, appearing on pages 27746–27747
                                                                                                          when so directed by that officer will be
                                                  and can be viewed by following that                                                                            in the Issue of Thursday, June 14, 2018,
                                                                                                          operated at a minimum safe navigation
                                                  website’s instructions. Additionally, if                                                                       make the following correction:
                                                                                                          speed in a manner which will not
                                                  you go to the online docket and sign up                                                                           On page 27746, in the third column,
                                                                                                          endanger any other vessels.
                                                  for email alerts, you will be notified                                                                         under the heading ‘‘DATES:’’ the entry
                                                  when comments are posted or a final                        (4) No spectator vessel shall anchor,               ‘‘June 25, 2018’’ is corrected to read
                                                  rule is published.                                      block, loiter, or impede the through                   ‘‘July 9, 2018’’.
                                                                                                          transit of official patrol vessels in the              [FR Doc. C1–2018–12786 Filed 6–26–18; 8:45 am]
                                                  List of Subjects in 33 CFR Part 100                     regulated area during the effective dates              BILLING CODE 1301–00–D
                                                    Marine safety, Navigation (water),                    and times, unless cleared for entry by or
                                                  Reporting and recordkeeping                             through an official patrol vessel.
                                                  requirements, Waterways.                                   (5) Any spectator vessel may anchor
                                                                                                                                                                 DEPARTMENT OF THE INTERIOR
                                                    For the reasons discussed in the                      outside the regulated area, but may not
                                                  preamble, the Coast Guard proposes to                   anchor in, block, or loiter in a navigable             Fish and Wildlife Service
                                                  amend 33 CFR part 100 as follows:                       channel. Spectator vessels may be
                                                                                                          moored to a waterfront facility within                 50 CFR Part 17
                                                  PART 100—SAFETY OF LIFE ON                              the regulated area in such a way that
                                                                                                          they shall not interfere with the progress             [4500030115]
                                                  NAVIGABLE WATERWAYS
                                                                                                          of the air show.
                                                  ■ 1. The authority citation for part 100                                                                       Endangered and Threatened Wildlife
                                                                                                             (6) The COTP or a designated
                                                  continues to read as follows:                                                                                  and Plants; 90-day Findings for Three
                                                                                                          representative may forbid and control
                                                                                                                                                                 Species
                                                    Authority: 33 U.S.C. 1233; 33 CFR                     the movement of all vessels in the
                                                  1.05–1.                                                 regulated area. When hailed or signaled                AGENCY:   Fish and Wildlife Service,
                                                                                                          by an official patrol vessel, a vessel shall           Interior.
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                                                  ■ 2. Add § 100.35T08–0548 to read as
                                                  follows:                                                come to an immediate stop and comply                   ACTION: Notice of petition findings and
                                                                                                          with the directions given. Failure to do               initiation of status reviews.
                                                  § 100.35T08–0548 Special Local                          so may result in expulsion from the
                                                  Regulation; Ohio River, Owensboro, KY.                  regulated area, citation for failure to                SUMMARY:  We, the U.S. Fish and
                                                    (a) Location. The following area is a                 comply, or both.                                       Wildlife Service (Service), announce 90-
                                                  temporary special local regulation: All                    (7) The COTP or a designated                        day findings on three petitions to add or
                                                  navigable waters of the Ohio River,                     representative may terminate the                       remove species from the List of
                                                  extending the entire width of the river,                operation of any vessel at any time it is              Endangered and Threatened Wildlife


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Document Created: 2018-11-06 09:52:51
Document Modified: 2018-11-06 09:52:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before July 27, 2018.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Riley Jackson, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5348, email SECOHV- [email protected]
FR Citation83 FR 30089 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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