[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Rules and Regulations]
[Pages 34061-34062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14994]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0448]
RIN 1625-AA08


Special Local Regulation, Ohio River, Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation on 
the Ohio River from mile 465.0 to mile 470.0 extending from bank to 
bank, on July 15, 2019. The special local regulation is necessary to 
provide for the safety of life on these navigable waters near 
Cincinnati, Ohio, during the BB Riverboat boat race. Entry of persons 
or vessels into this area is prohibited unless authorized by the 
Captain of the Port Sector Ohio Valley or a designated representative.

DATES: This rule is effective from 3 p.m. through 5 p.m. on July 15, 
2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0448 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 Matthew Roberts, Marine Safety Detachment 
Cincinnati, OH; telephone 513-921-9033, [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
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    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 good cause 
exists for not publishing a notice of proposed rulemaking (NPRM) with 
respect to this rule because it is impracticable. This action is 
necessary to ensure the safety of life during the BB Riverboat race. It 
is impracticable to publish an NPRM because the Coast Guard must 
establish this special local regulation by July 15, 2019 and lacks 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying this rule would be 
contrary to public interest in ensuring the safety of spectators and 
vessels during the boat race because immediate action is necessary to 
prevent possible loss of life and property. Broadcast Notices to 
Mariners (BNM) and sharing information with the waterway users will 
update mariners of the restrictions, requirements and enforcement times 
during this temporary situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the BB Riverboat race from 3 
p.m. through 5 p.m. on July 15, 2019 will be a safety concern for all 
navigable waters of the Ohio River extending from mile marker 465.0 to 
mile 470.0 extending from bank to bank. The purpose of this rule is to 
ensure safety of life on the navigable waters in the regulated area 
before, during, and after the BB Riverboat race.

IV. Discussion of the Rule

    The rule establishes a special local regulation from 3 p.m. through 
5 p.m. on July 15, 2019 on the Ohio River in Cincinnati, Ohio from mile 
465.0 to mile 470.0 extending from bank to bank. The duration of the 
zone is intended to ensure the safety of vessels and these navigable 
waters before, during, and after the scheduled event. No vessel or 
person would be permitted to enter the area 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 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 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule 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, and duration of the special local regulation. The special 
local regulation will only be in effect for two hours and covers an 
area of the waterway stretching five miles. The Coast Guard expects 
minimum adverse impact to mariners from the special local regulation 
activation as the event has been advertised to the public. Also, 
mariners may request authorization from the COTP or a designated 
representative to transit the temporary 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

[[Page 34062]]

vessels intending to transit the regulated area 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 
Directive 023-01 and Environmental Planning COMDTINST 5090.1 (series), 
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 establishing a special local regulation 
on the Ohio River in Cincinnati, OH from mile 465.0 to mile 470.0 from 
3:00 p.m. to 5:00 p.m. on July 15, 2019 extending from bank to bank. It 
is categorically excluded from further review under paragraph L[61] in 
Table 3-1 of U.S. Coast Guard Environmental Planning Implementing 
Procedures 5090.1.

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 record keeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 100 as follows:

PART 100--SPECIAL LOCAL REGULATIONS/REGATTAS AND MARINE PARADES

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

    Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.T08-0448 to read as follows:


Sec.  100.T08-0448  Special Local Regulation; Ohio River, Cincinnati, 
OH.

    (a) Location. The Ohio River, from mile 465.0 to 470.0, extending 
bank to bank.
    (b) Regulations. (1) In accordance with the general regulations in 
Sec.  100.35 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or designated personnel. Moreover, persons or vessels desiring 
to enter into or pass through the special local regulated area must 
request permission from the COTP Sector Ohio Valley or a designated 
representative. They may be contacted on VHF-FM radio channel 16 or 
phone at 1-800-253-7465.
    (2) Persons and vessels permitted to deviate from the special local 
regulated area requirements as well as enter the restricted area must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP Sector Ohio Valley or a designated representative.
    (c) Enforcement period. This special local regulation will be 
enforced from 3 p.m. through 5 p.m. on July 15, 2019.
    (d) Informational Broadcasts. The COTP Sector Ohio Valley or a 
designated representative will inform the public through broadcast 
notices to mariners of the enforcement period for the special local 
regulation, as well as any changes in the dates and times of 
enforcement.

A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-14994 Filed 7-15-19; 12:30 pm]
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