Special Local Regulation; Ohio River, Owensboro, KY, 63695-63697 [2016-22281]

Download as PDF Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations Paperwork Reduction Act DEPARTMENT OF DEFENSE This rule does not impose any new information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35. Office of the Secretary List of Subjects in 22 CFR Part 42 1. The authority citation for part 42 is revised to read as follows: ■ Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; Pub. L. 105–277, 112 Stat. 2681–795 through 2681–801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108–458, as amended by section 546 of Pub. L. 109–295). 2. Amend § 42.33 by: ■ a. Revising the introductory text of paragraph (b)(2); ■ b. Redesignating paragraphs (b)(2)(iv) through (viii) as paragraphs (b)(2)(v) through (ix), and adding a new paragraph (b)(2)(iv); and ■ c. Revising redesignated paragraph (b)(2)(viii). The revisions and addition read as follows: ■ Diversity immigrants. Lhorne on DSK30JT082PROD with RULES * * * * (b) * * * (2) Requirements for photographs. The petition will also require inclusion of a photograph of the petitioner and of his or her spouse and all unmarried children under the age of 21 years. The photographs must meet the following specifications: * * * * * (iv) The image must have been taken no more than six months prior to the date of the petition submission. * * * * * (viii) The person in the photograph must not wear eyeglasses, sunglasses, or other paraphernalia that obstruct the view of the face. * * * * * Michele Thoren Bond, Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2016–22365 Filed 9–15–16; 8:45 am] BILLING CODE 4710–06–P VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 [DOD–2015–HA–0109] Office of the Secretary, Department of Defense (DoD). ACTION: Final rule; technical amendment. AGENCY: PART 42—VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED * 32 CFR Part 199 TRICARE; Mental Health and Substance Use Disorder Treatment For the reasons stated in the preamble, the Department amends 22 CFR part 42 as follows: § 42.33 2. Amend § 199.6(b)(4)(xiv)(B) to remove ‘‘In addition, such a Participation Agreement may not be signed until an SUDRF has been licensed and operational for at least six months.’’ ■ 3. Revise § 199.6(b)(4)(xix)(A)(2)(ii) to read as follows: ■ RIN 0720–AB65 Immigration, Passports and visas. On September 2, 2016, the Department of Defense published a final rule (81 FR 61068–61098) titled TRICARE; Mental Health and Substance Use Disorder Treatment. DoD is making a technical amendment due to the discovery of two errors. We noted in the preamble of the final rule that we had removed the requirements regarding capacity (30 percent) and length of time licensed and at full operational status (6 months) for substance use disorder rehabilitation facilities (SUDRFs). However, we did not remove the necessary sentence in the regulatory text. In a response to a public comment in the preamble of the final rule, we said that TRICARE will require opioid treatment programs (OTPs) to be licensed and operate in substantial compliance with state and federal regulations. However, we did not make the necessary change in the regulatory text. This technical amendment corrects those errors. DATES: This rule is effective on October 3, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Patricia Toppings, 571–372–0485. SUPPLEMENTARY INFORMATION: This technical amendment amends 32 CFR part 199 to read as set forth in the amendatory language in this final rule. SUMMARY: List of Subjects in 32 CFR Part 199 Claims, Dental health, Health care, Health insurance, Individuals with disabilities, Mental health, Mental health parity, Military personnel, Substance use disorder treatment. Accordingly, 32 CFR part 199 is amended as follows: PART 199—CIVILIAN HEALTH AND MEDICAL PROGRAM OF THE UNIFORMED SERVICES (CHAMPUS) 1. The authority citation for part 199 continues to read as follows: ■ Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 63695 § 199.6 TRICARE-authorized providers. (b) * * * (4) * * * (xix) * * * (A) * * * (2) * * * (ii) To qualify as a TRICARE authorized provider, OTPs are required to be licensed and operate in substantial compliance with state and federal regulations. * * * * * Dated: September 13, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2016–22363 Filed 9–15–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2016–0864] RIN 1625–AA08 Special Local Regulation; Ohio River, Owensboro, KY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a special local regulation on the Ohio River from mile 755.0 to mile 759.0 in Owensboro, KY on September 30, 2016 through October 2, 2016. This special regulation is necessary to provide for the safety of life on these navigable waters near Owensboro, KY, during the Owensboro Air Show. This rulemaking prohibits transit into, through, and within the regulated area unless authorized by the Captain of the Port Ohio Valley or a designated representative. SUMMARY: This rule is effective from 12 p.m. on September 30, 2016 through 4:30 p.m. on October 2, 2016. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2016– 0864 in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket DATES: E:\FR\FM\16SER1.SGM 16SER1 63696 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations Folder on the line associated with this rule. If you have questions on this rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone 502–779–5347, email James.C.Robinson@uscg.mil. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code Lhorne on DSK30JT082PROD with RULES 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 that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the event is being held outside of the date and location currently contemplated in the publication. It is impracticable to publish an NPRM because we must establish this special local regulation by September 30, 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 would be unnecessary as this event is a recurring event and mariners familiar with this location on the Ohio River are aware that in mid to late September, a weekend event air show takes place. This year, the event will occur 01 weekend later than is currently published in the Federal Register. Furthermore, delaying this rule would be contrary to public interest of ensuring the safety of spectators and vessels during the event and immediate action is necessary to prevent possible loss of life and property. Broadcast Notices to Mariners (BNM) and information sharing with the waterway users will update mariners of the restrictions, requirements and enforcement times during this temporary situation. VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 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 September 30, 2016 will be a safety concern for anyone within the regulated area. 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 Owensboro Air Show. IV. Discussion of the Rule The Coast Guard will establish a special local regulation from September 30, 2016 through October 2, 2016. The special local regulation will cover all navigable waters from mile 755.0 to 759.0 on the Ohio River in the vicinity of Owensboro, KY. Transit into and through this area is prohibited from 12 p.m. to 3:30 p.m. on September 30, 2016, 12 p.m. to 4:30 p.m. on October 01, 2016, and 12 p.m. to 4:30 p.m. on October 2, 2016. The duration of the regulation is intended to protect participants, spectators, and other persons and vessels before, during, and after the scheduled air show. 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 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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 less than five 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 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 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. E:\FR\FM\16SER1.SGM 16SER1 Federal Register / Vol. 81, No. 180 / Friday, September 16, 2016 / Rules and Regulations 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. Lhorne on DSK30JT082PROD with RULES 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, KY 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 less than five hours a day that will prohibit entry VerDate Sep<11>2014 13:04 Sep 15, 2016 Jkt 238001 on all waters of the Ohio River, surface to bottom, extending from mile 755.0 to 759.0. 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. 63697 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: September 12, 2016. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2016–22281 Filed 9–15–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 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: 33 CFR Part 100 PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS ACTION: 1. The authority citation for part 100 continues to read as follows: SUMMARY: ■ Authority: 33 U.S.C. 1233. 2. Add § 100.35T08–0864 to read as follows: ■ § 100.35T08–0864 Special Local Regulation; Ohio River, Owensboro, KY. (a) Regulated area. All waters of the Ohio River beginning at mile marker 755.0 and ending at mile marker 759.0 in Owensboro, KY. (b) Period of enforcement. This rule will be enforceable from 12 p.m. to 3:30 p.m. on September 30, 2016, 12 p.m. to 4:30 p.m. on October 1, 2016, and 12 p.m. to 4:30 p.m. on October 2, 2016. (c) Special local regulations. (1) Persons or vessels desiring to enter into or passage through the zone 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 [Docket No. USCG–2016–0714] Special Local Regulations; Ironman 70.3 Augusta Triathlon, Savannah River Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: The Coast Guard will enforce the Ironman 70.3 Augusta Triathlon, Savannah River, Special Local Regulation from 7 a.m. through 11 a.m. on September 25, 2016. This action is necessary to ensure safety of life on navigable waterways of the United States during this event. During the enforcement period, and in accordance with previously issued special local regulations, vessels may not enter, transit through, anchor in, remain within the designated area unless authorized by the Captain of the Port (COTP) Savannah or a designated representative. The regulation in 33 CFR 100.701, Table to § 100.71, Item (f)3 will be enforced from 7 a.m. through 11 a.m. on September 25, 2016. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email MST1 Cliffton Hendry, Marine Safety Unit Savannah Office of Waterways Management, Coast Guard; telephone 912–652–4353, extension 243, or email Cliffton.R.Hendry@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the special local regulation for the Ironman 70.3 Augusta Triathlon, Savannah River, in 33 CFR 100.701 from 7 a.m. through 11 a.m. on September 25, 2016. DATES: E:\FR\FM\16SER1.SGM 16SER1

Agencies

[Federal Register Volume 81, Number 180 (Friday, September 16, 2016)]
[Rules and Regulations]
[Pages 63695-63697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22281]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2016-0864]
RIN 1625-AA08


Special Local Regulation; Ohio River, Owensboro, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a special local regulation on 
the Ohio River from mile 755.0 to mile 759.0 in Owensboro, KY on 
September 30, 2016 through October 2, 2016. This special regulation is 
necessary to provide for the safety of life on these navigable waters 
near Owensboro, KY, during the Owensboro Air Show. This rulemaking 
prohibits transit into, through, and within the regulated area unless 
authorized by the Captain of the Port Ohio Valley or a designated 
representative.

DATES: This rule is effective from 12 p.m. on September 30, 2016 
through 4:30 p.m. on October 2, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0864 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket

[[Page 63696]]

Folder on the line associated with this rule.

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 502-779-5347, email James.C.Robinson@uscg.mil.

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

    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 the event is being held outside of 
the date and location currently contemplated in the publication. It is 
impracticable to publish an NPRM because we must establish this special 
local regulation by September 30, 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 
would be unnecessary as this event is a recurring event and mariners 
familiar with this location on the Ohio River are aware that in mid to 
late September, a weekend event air show takes place. This year, the 
event will occur 01 weekend later than is currently published in the 
Federal Register. Furthermore, delaying this rule would be contrary to 
public interest of ensuring the safety of spectators and vessels during 
the event and immediate action is necessary to prevent possible loss of 
life and property. Broadcast Notices to Mariners (BNM) and information 
sharing 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 33 U.S.C. 
1233. The Captain of the Port Ohio Valley (COTP) has determined that 
potential hazards associated with the air show starting September 30, 
2016 will be a safety concern for anyone within the regulated area. 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 
Owensboro Air Show.

IV. Discussion of the Rule

    The Coast Guard will establish a special local regulation from 
September 30, 2016 through October 2, 2016. The special local 
regulation will cover all navigable waters from mile 755.0 to 759.0 on 
the Ohio River in the vicinity of Owensboro, KY. Transit into and 
through this area is prohibited from 12 p.m. to 3:30 p.m. on September 
30, 2016, 12 p.m. to 4:30 p.m. on October 01, 2016, and 12 p.m. to 4:30 
p.m. on October 2, 2016. The duration of the regulation is intended to 
protect participants, spectators, and other persons and vessels before, 
during, and after the scheduled air show. 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 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 less 
than five 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 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 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.

[[Page 63697]]

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, KY 
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 less than five hours a 
day that will prohibit entry on all waters of the Ohio River, surface 
to bottom, extending from mile 755.0 to 759.0. 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.  100.35T08-0864 to read as follows:


Sec.  100.35T08-0864  Special Local Regulation; Ohio River, Owensboro, 
KY.

    (a) Regulated area. All waters of the Ohio River beginning at mile 
marker 755.0 and ending at mile marker 759.0 in Owensboro, KY.
    (b) Period of enforcement. This rule will be enforceable from 12 
p.m. to 3:30 p.m. on September 30, 2016, 12 p.m. to 4:30 p.m. on 
October 1, 2016, and 12 p.m. to 4:30 p.m. on October 2, 2016.
    (c) Special local regulations. (1) Persons or vessels desiring to 
enter into or passage through the zone 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: September 12, 2016.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2016-22281 Filed 9-15-16; 8:45 am]
 BILLING CODE 9110-04-P