Special Local Regulations: 86th Major League Baseball (MLB) All-Star Week/Game, Ohio River Mile 469.5 to 471.2; Cincinnati, OH, 28569-28571 [2015-12122]
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Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2015–0219]
RIN 1625–AA08
Special Local Regulations: 86th Major
League Baseball (MLB) All-Star Week/
Game, Ohio River Mile 469.5 to 471.2;
Cincinnati, OH
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a special local regulation for
all waters of the Ohio River, surface to
bottom, extending from Ohio River mile
469.5 to 471.2 at Cincinnati, OH July 10,
2015 through July 14, 2015. This special
local regulation is necessary to protect
persons and property from potential
damage and safety hazards during the
‘‘86th Major League Baseball (MLB) AllStar Week/Game’’, an event which will
likely involve a high density of boater
traffic in the river miles specified. This
proposed special local regulation is
intended to temporarily restrict vessel
traffic in a portion of the Ohio River
during this event and implement a
moving security zone for certain vessel
traffic within the special local regulated
zone.
DATES: Comments and related material
must be received by the Coast Guard on
or before June 1, 2015.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer James Robinson,
Sector Ohio Valley, U.S. Coast Guard;
telephone (502) 779–5432, email
rljohnson on DSK3VPTVN1PROD with PROPOSALS
SUMMARY:
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Jkt 235001
James.C.Robinson@uscg.mil or Petty
Officer Caloeb Gandy, Sector Ohio
Valley, U.S. Coast Guard; telephone
(502) 779–5346, email Caloeb.L.Gandy@
uscg.mil If you have questions on
viewing or submitting material to the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
(202) 366–9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for
Comments
We encourage you to participate in
this rulemaking by submitting
comments and related materials. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided.
1. Submitting Comments
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.
You may submit your comments and
material online at https://
www.regulations.gov, or by fax, mail, or
hand delivery, but please use only one
of these means. If you submit a
comment online, it will be considered
received by the Coast Guard when you
successfully transmit the comment. If
you fax, hand deliver, or mail your
comment, it will be considered as
having been received by the Coast
Guard when it is received at the Docket
Management Facility. We recommend
that you include your name and a
mailing address, an email address, or a
telephone number in the body of your
document so that we can contact you if
we have questions regarding your
submission.
To submit your comment online, go to
https://www.regulations.gov, type the
docket number [USCG–2015–0219] in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on ‘‘Submit a
Comment’’ on the line associated with
this rulemaking.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
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28569
postcard or envelope. We will consider
all comments and material received
during the comment period and may
change the rule based on your
comments.
2. Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov, type the
docket number (USCG–2015–0219) in
the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rulemaking. You may also visit the
Docket Management Facility in Room
W12–140 on the ground floor of the
Department of Transportation West
Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
3. Privacy Act
Anyone can search the electronic
form of comments received into any of
our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review a Privacy
Act notice regarding our public dockets
in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for one, using one of the methods
specified under ADDRESSES. Please
explain why you believe a public
meeting would be beneficial. If we
determine that one would aid this
rulemaking, we will hold one at a time
and place announced by a later notice
in the Federal Register.
B. Regulatory History and Information
The Captain of the Port (COTP) Ohio
Valley is proposing to establish a special
local regulation for all waters of the
Ohio River, surface to bottom, extending
from Ohio River mile 469.5 to 471.2 at
Cincinnati, OH July 10, 2015 through
July 14, 2015. This special local
regulation is necessary to protect
persons and property from potential
damage and safety hazards during the
‘‘86th MLB All-Star Week/Game’’,
which may involve high density of
boater traffic in the river miles
specified. This proposed special local
regulation is intended to temporarily
restrict vessel traffic in a portion of the
Ohio River during this event and
implement a moving security zone for
certain vessel traffic within the special
local regulated zone. There is no
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Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules
regulatory history related to this
proposed special local regulation or the
event triggering a need for the proposed
special local regulation.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
C. Basis and Purpose
The Coast Guard’s authority for
establishing a special local regulation
for marine events is contained at 33
U.S.C. 1233.
Major League Baseball is holding the
‘‘86th All-Star Week/Game’’ July 10,
2015 through July 14, 2015. This event
is planned to take place at the Great
American Ballpark in the vicinity of the
waters of the Ohio River, at Cincinnati,
OH. Based on the need for additional
safety measures to protect persons and
property during this event on the
waterway, the Coast Guard proposes to
establish a special local regulation on
specified waters of the Ohio River. The
proposed special local regulation would
be in effect from July 10, 2015 through
July 14, 2015 and would encompass all
waters of the Ohio River, mile 469.5–
471.2.
D. Discussion of Proposed Rule
The Captain of the Port (COTP) Ohio
Valley is proposing to establish a special
local regulation for all waters of the
Ohio River, surface to bottom, extending
from Ohio River mile 469.5 to 471.2 at
Cincinnati, OH July 10, 2015 through
July 14, 2015. This special local
regulation is necessary to protect
persons and property from potential
damage and safety hazards during the
‘‘86th MLB All-Star Week/Game’’, an
event which will likely involve a high
density of boater traffic in the river
miles specified. This proposed special
local regulation is intended to
temporarily restrict vessel traffic in a
portion of the Ohio River and
implement a moving security zone for
certain vessel traffic within the special
local regulated zone during this event in
order to promote the safety of life and
property on the navigable waterway.
There is no regulatory history related to
this proposed special local regulation or
the event triggering a need for the
proposed special local regulation.
The effect of this proposed rule will
be to restrict general navigation during
the event. Vessels intending to transit
the Ohio River through the designated
mile markers will only be allowed to
transit the area when the COTP Ohio
Valley, or a designated representative,
has deemed it safe to do so or at the
completion of the event each day.
E. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
executive orders related to rulemaking.
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Below we summarize our analyses
based on a number of these statutes or
executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563, Improving
Regulation and Regulatory Review, and
does not require an assessment of
potential costs and benefits under
section 6(a)(3) of Executive Order 12866
or under section 1 of Executive Order
13563. The Office of Management and
Budget has not reviewed it under those
Orders. This proposed special local
regulation restricts transit on the Ohio
River from mile 469.5 to 471.2, for a
short duration of four days; Broadcast
Notices to Mariners and Local Notices to
Mariners will also inform the
community of this special local
regulation so that they may plan
accordingly for this short restriction on
transit. Vessel traffic may request
permission from the COTP Ohio Valley
or a designated representative to enter
the restricted area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980
(RFA), 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 will not
have a significant economic impact on
a substantial number of small entities.
This proposed rule will affect the
following entities, some of which may
be small entities: The owners or
operators of vessels intending to transit
mile marker 469.5 to 471.2 on the Ohio
River, from July 10, 2015 through July
14, 2015. The special local regulation
will not have a significant economic
impact on a substantial number of small
entities for the following reasons. This
special local regulation will be in effect
for a limited duration for a period of
four days. Although, the regulation
would apply to the entire width of the
river, traffic would be allowed to pass
through the regulated area with the
permission of the COTP Ohio Valley or
a designated representative or at the
completion of the event each day.
Broadcast Notices to Mariners will also
inform the community of this special
local regulation so that they may plan
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accordingly for temporary restrictions
on transit.
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.
3. Assistance for Small Entities
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, above. 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.
4. Collection of Information
This proposed rule will not call for a
new collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
5. Federalism
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 determined that this rule
does not have implications for
federalism.
6. 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.
7. 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
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Federal Register / Vol. 80, No. 96 / Tuesday, May 19, 2015 / Proposed Rules
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.
8. Taking of Private Property
This proposed rule would not cause a
taking of private property or otherwise
have taking implications under
Executive Order 12630, Governmental
Actions and Interference with
Constitutionally Protected Property
Rights.
9. Civil Justice Reform
This proposed rule meets applicable
standards in sections 3(a) and 3(b)(2) of
Executive Order 12988, Civil Justice
Reform, to minimize litigation,
eliminate ambiguity, and reduce
burden.
10. Protection of Children From
Environmental Health Risks
We have analyzed this proposed rule
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This rule is not an economically
significant rule and would not create an
environmental risk to health or risk to
safety that might disproportionately
affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a
‘‘significant energy action’’ under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use.
rljohnson on DSK3VPTVN1PROD with PROPOSALS
13. Technical Standards
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
14. Environment
We have analyzed this proposed rule
under Department of Homeland
Security Management Directive 023–01
and Commandant Instruction
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M16475.lD, which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA) (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
involving a high media event and the
potential for high boating traffic. This
rule is categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. A preliminary
environmental analysis checklist
supporting this determination and a
Categorical Exclusion Determination are
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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water),
Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the
preamble, the U.S. Coast Guard
proposes to amend 33 CFR part 100 as
follows:
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERWAYS
1. The authority citation for part 100
continues to read as follows:
■
Authority: 33 U.S.C. 1233.
2. Section 100.35T08–0219 is added
to read as follows:
■
§ 100.35T08–0219 Special Local
Regulation; Ohio River, Miles 469.5 to 471.2,
Cincinnati, OH.
(a) Location. The following area is a
special local regulation: All waters of
the Ohio River, beginning at mile
marker 469.5 to mile 471.2 at
Cincinnati, OH.
(b) Enforcement date. This section is
enforceable from: July 10, 2015 through
July 14, 2015.
Dated: April 22, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the
Port Ohio Valley.
[FR Doc. 2015–12122 Filed 5–18–15; 8:45 am]
BILLING CODE 9110–04–P
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28571
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 60
[EPA–HQ–OAR–2009–0174; FRL–9927–80–
OAR]
RIN 2060–AP63
Electronic Reporting and
Recordkeeping Requirements for New
Source Performance Standards;
Extension of Comment Period
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; extension of
public comment period.
AGENCY:
The Environmental Protection
Agency (EPA) is announcing that the
period for providing public comments
on the March 20, 2015, proposed
‘‘Electronic Reporting and
Recordkeeping Requirements for New
Source Performance Standards’’ is being
extended by 30 days.
DATES: Comments. The public comment
period for the proposed rule published
March 20, 2015 (80 FR 15100), is being
extended by 30 days to June 18, 2015,
in order to provide the public additional
time to submit comments and
supporting information.
ADDRESSES: Comments. Written
comments on the proposed rule may be
submitted to the EPA electronically, by
mail, by facsimile or through hand
delivery/courier. Please refer to the
proposal (80 FR 15100) for the addresses
and detailed instructions.
Docket. Publicly available documents
relevant to this action are available for
public inspection either electronically at
https://www.regulations.gov or in hard
copy at the EPA Docket Center, EPA
WJC West Building, Room 3334, 1301
Constitution Ave. NW., Washington, DC
20004. The Public Reading Room is
open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. A reasonable fee may be
charged for copying. The EPA has
established the official public docket for
this rulemaking under Docket ID No.
EPA–HQ–OAR–2009–0174.
World Wide Web. The EPA Web site
containing information for this
rulemaking is at https://www.epa.gov/
ttn/atw/eparules.html.
FOR FURTHER INFORMATION CONTACT: Ms.
Gerri Garwood, Measurement Policy
Group (MPG), Sector Policies and
Programs Division (D243–05), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711, telephone number: (919) 541–
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 96 (Tuesday, May 19, 2015)]
[Proposed Rules]
[Pages 28569-28571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12122]
[[Page 28569]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2015-0219]
RIN 1625-AA08
Special Local Regulations: 86th Major League Baseball (MLB) All-
Star Week/Game, Ohio River Mile 469.5 to 471.2; Cincinnati, OH
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to establish a special local
regulation for all waters of the Ohio River, surface to bottom,
extending from Ohio River mile 469.5 to 471.2 at Cincinnati, OH July
10, 2015 through July 14, 2015. This special local regulation is
necessary to protect persons and property from potential damage and
safety hazards during the ``86th Major League Baseball (MLB) All-Star
Week/Game'', an event which will likely involve a high density of
boater traffic in the river miles specified. This proposed special
local regulation is intended to temporarily restrict vessel traffic in
a portion of the Ohio River during this event and implement a moving
security zone for certain vessel traffic within the special local
regulated zone.
DATES: Comments and related material must be received by the Coast
Guard on or before June 1, 2015.
ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is 202-366-9329.
See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer James Robinson, Sector Ohio Valley, U.S.
Coast Guard; telephone (502) 779-5432, email James.C.Robinson@uscg.mil
or Petty Officer Caloeb Gandy, Sector Ohio Valley, U.S. Coast Guard;
telephone (502) 779-5346, email Caloeb.L.Gandy@uscg.mil If you have
questions on viewing or submitting material to the docket, call Cheryl
Collins, Program Manager, Docket Operations, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Table of Acronyms
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
A. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided.
1. Submitting Comments
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. You may submit your comments and material online at
https://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov,
type the docket number [USCG-2015-0219] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period and may change the rule
based on your comments.
2. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov,
type the docket number (USCG-2015-0219) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
3. Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
4. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.
B. Regulatory History and Information
The Captain of the Port (COTP) Ohio Valley is proposing to
establish a special local regulation for all waters of the Ohio River,
surface to bottom, extending from Ohio River mile 469.5 to 471.2 at
Cincinnati, OH July 10, 2015 through July 14, 2015. This special local
regulation is necessary to protect persons and property from potential
damage and safety hazards during the ``86th MLB All-Star Week/Game'',
which may involve high density of boater traffic in the river miles
specified. This proposed special local regulation is intended to
temporarily restrict vessel traffic in a portion of the Ohio River
during this event and implement a moving security zone for certain
vessel traffic within the special local regulated zone. There is no
[[Page 28570]]
regulatory history related to this proposed special local regulation or
the event triggering a need for the proposed special local regulation.
C. Basis and Purpose
The Coast Guard's authority for establishing a special local
regulation for marine events is contained at 33 U.S.C. 1233.
Major League Baseball is holding the ``86th All-Star Week/Game''
July 10, 2015 through July 14, 2015. This event is planned to take
place at the Great American Ballpark in the vicinity of the waters of
the Ohio River, at Cincinnati, OH. Based on the need for additional
safety measures to protect persons and property during this event on
the waterway, the Coast Guard proposes to establish a special local
regulation on specified waters of the Ohio River. The proposed special
local regulation would be in effect from July 10, 2015 through July 14,
2015 and would encompass all waters of the Ohio River, mile 469.5-
471.2.
D. Discussion of Proposed Rule
The Captain of the Port (COTP) Ohio Valley is proposing to
establish a special local regulation for all waters of the Ohio River,
surface to bottom, extending from Ohio River mile 469.5 to 471.2 at
Cincinnati, OH July 10, 2015 through July 14, 2015. This special local
regulation is necessary to protect persons and property from potential
damage and safety hazards during the ``86th MLB All-Star Week/Game'',
an event which will likely involve a high density of boater traffic in
the river miles specified. This proposed special local regulation is
intended to temporarily restrict vessel traffic in a portion of the
Ohio River and implement a moving security zone for certain vessel
traffic within the special local regulated zone during this event in
order to promote the safety of life and property on the navigable
waterway. There is no regulatory history related to this proposed
special local regulation or the event triggering a need for the
proposed special local regulation.
The effect of this proposed rule will be to restrict general
navigation during the event. Vessels intending to transit the Ohio
River through the designated mile markers will only be allowed to
transit the area when the COTP Ohio Valley, or a designated
representative, has deemed it safe to do so or at the completion of the
event each day.
E. 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 or executive orders.
1. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This proposed special
local regulation restricts transit on the Ohio River from mile 469.5 to
471.2, for a short duration of four days; Broadcast Notices to Mariners
and Local Notices to Mariners will also inform the community of this
special local regulation so that they may plan accordingly for this
short restriction on transit. Vessel traffic may request permission
from the COTP Ohio Valley or a designated representative to enter the
restricted area.
2. Impact on Small Entities
The Regulatory Flexibility Act of 1980 (RFA), 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 will not have a significant economic impact on a
substantial number of small entities.
This proposed rule will affect the following entities, some of
which may be small entities: The owners or operators of vessels
intending to transit mile marker 469.5 to 471.2 on the Ohio River, from
July 10, 2015 through July 14, 2015. The special local regulation will
not have a significant economic impact on a substantial number of small
entities for the following reasons. This special local regulation will
be in effect for a limited duration for a period of four days.
Although, the regulation would apply to the entire width of the river,
traffic would be allowed to pass through the regulated area with the
permission of the COTP Ohio Valley or a designated representative or at
the completion of the event each day. Broadcast Notices to Mariners
will also inform the community of this special local regulation so that
they may plan accordingly for temporary restrictions on transit.
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.
3. Assistance for Small Entities
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, above. 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.
4. Collection of Information
This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
5. Federalism
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
determined that this rule does not have implications for federalism.
6. 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.
7. 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
[[Page 28571]]
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.
8. Taking of Private Property
This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
9. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
10. Protection of Children From Environmental Health Risks
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
11. Indian Tribal Governments
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.
12. Energy Effects
This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.
13. Technical Standards
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
14. Environment
We have analyzed this proposed 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 (NEPA) (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 involving a high media event and
the potential for high boating traffic. This rule is categorically
excluded from further review under paragraph 34(h) of Figure 2-1 of the
Commandant Instruction. A preliminary environmental analysis checklist
supporting this determination and a Categorical Exclusion Determination
are 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.
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, and Waterways.
For the reasons discussed in the preamble, the U.S. 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.
0
2. Section 100.35T08-0219 is added to read as follows:
Sec. 100.35T08-0219 Special Local Regulation; Ohio River, Miles 469.5
to 471.2, Cincinnati, OH.
(a) Location. The following area is a special local regulation: All
waters of the Ohio River, beginning at mile marker 469.5 to mile 471.2
at Cincinnati, OH.
(b) Enforcement date. This section is enforceable from: July 10,
2015 through July 14, 2015.
Dated: April 22, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-12122 Filed 5-18-15; 8:45 am]
BILLING CODE 9110-04-P
