[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63698-63700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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