[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39191-39193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.

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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