Special Local Regulation; Ohio River, Owensboro, KY, 43757-43760 [2018-18625]

Download as PDF Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations the Federal Register. The FAA will periodically integrate all final rule amendments into a revised edition of the Order, and submit the revised edition to the Director of the Federal Register for approval for incorporation by reference in section 71.1. Regulatory Notices and Analyses The FAA has determined that this action: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. This action neither places any new restrictions or requirements on the public, nor changes the dimensions or operation requirements of the airspace listings incorporated by reference in part 71. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.5 15:59 Aug 27, 2018 Jkt 244001 § 71.901 [Amended] 11. Paragraph (a) of section 71.901 is amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ Issued in Washington, DC, on August 21, 2018. Rodger A Dean Jr., Manager, Airspace Policy Group. [FR Doc. 2018–18507 Filed 8–27–18; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF HOMELAND SECURITY Coast Guard § 71.15 Special Local Regulation; Ohio River, Owensboro, KY [Amended] 4. Section 71.15 is amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ § 71.31 ■ [Amended] 6. Paragraph (c) of section 71.33 is amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ § 71.41 [Amended] 7. Section 71.41 is amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ § 71.51 [Amended] 8. Section 71.51 is amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ § 71.61 [Amended] 9. Section 71.61 is amended by removing the words ‘‘FAA Order ■ PO 00000 Frm 00019 Fmt 4700 [Docket Number USCG–2018–0548] RIN 1625–AA08 Coast Guard, DHS. Final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary special local regulation for all navigable waters of the Ohio River, extending the entire width of the river, from mile marker (MM) 754.0 to MM 760.0. This action is necessary to provide for the safety of persons, vessels, and the marine environment during the Owensboro Airshow. This rulemaking will prohibit persons and vessels from being in the regulated area unless authorized by the Captain of the Port Sector Ohio Valley or a designated representative. DATES: This rule is effective from noon through 4 p.m. on September 13, 2018. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2018– 0548 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 Riley Jackson, Sector Ohio Valley, U.S. Coast Guard; SUMMARY: [Amended] § 71.33 VerDate Sep<11>2014 [Amended] 10. Paragraphs (b), (c), (d), (e), and (f) of section 71.71 are amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ 33 CFR Part 100 § 71.1 Applicability. § 71.71 3. Section 71.5 is amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ 2. Section 71.1 is revised to read as follows: A listing for Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points can be found in FAA Order 7400.11C, Airspace Designations and Reporting Points, dated August 8, 2018. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The approval to incorporate by reference FAA Order 7400.11C is effective September 15, 2018, through September 15, 2019. During the incorporation by reference period, proposed changes to the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points will be published in full text as proposed rule documents in the Federal Register. Amendments to the listings of Class A, B, C, D, and E airspace areas; 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ [Amended] 5. Section 71.31 is amended by removing the words ‘‘FAA Order 7400.11B’’ and adding, in their place, the words ‘‘FAA Order 7400.11C.’’ ■ daltland on DSKBBV9HB2PROD with RULES air traffic service routes; and reporting points will be published in full text as final rules in the Federal Register. Periodically, the final rule amendments will be integrated into a revised edition of the Order and submitted to the Director of the Federal Register for approval for incorporation by reference in this section. Copies of FAA Order 7400.11C may be obtained from Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, (202) 267–8783. An electronic version of the Order is available on the FAA website at https://www.faa.gov/air_ traffic/publications. Copies of FAA Order 7400.11C may be inspected in Docket No. FAA–2018–0770; Amendment No. 71–50, on https:// www.regulations.gov. A copy of FAA Order 7400.11C may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to: https://www.archives.gov/ federal-register/cfr/ibr-locations.html. 43757 Sfmt 4700 E:\FR\FM\28AUR1.SGM 28AUR1 43758 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations telephone 502–779–5348, email SECOHV-WWM@uscg.mil. 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 § Section U.S.C. United States Code II. Background Information and Regulatory History The City of Owensboro notified the Coast Guard that it would be conducting an airshow practice over the Ohio River from mile marker (MM) 754.0 to MM 760.0 from noon to 4 p.m. on September 13, 2018. In response, on June 27, 2018 the Coast Guard published a notice of proposed rulemaking (NPRM) titled Special Local Regulation; Ohio River, Owensboro, KY (83 FR 30089). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this airshow. During the comment period that ended July 27, 2018, we received no comments. 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 the effective date of this rule would be impracticable because immediate action is needed to respond to the potential safety hazards associated with the airshow practice. daltland on DSKBBV9HB2PROD with RULES 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 Sector Ohio Valley (COTP) has determined that potential hazards associated with the airshow on September 13, 2018 will be a safety concern for anyone on a six-mile stretch of the Ohio River. The purpose of this rule is to ensure safety of persons, vessels, and the marine environment on the navigable waters in the regulated area before, during, and after the scheduled event. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published July 27, 2018. There are no changes in the regulatory text of this rule from the text proposed in the NPRM. This rule establishes a special local regulation from noon through 4 p.m. on September 13, 2018. The special local regulation area will cover all navigable waters of the Ohio River, extending the entire width of the river, between MM VerDate Sep<11>2014 15:59 Aug 27, 2018 Jkt 244001 754.0 and MM 760.0 in Owensboro, KY. The duration of the special local regulation is intended to ensure the safety of persons, vessels, and the marine environment on these navigable waters before, during, and after the Owensboro Airshow. No vessel or person will be permitted to enter the special local regulation area without obtaining permission from the COTP or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Ohio Valley. They may be contacted on VHF–FM Channel 16 or by telephone at 1–800–253–7465. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM’’. All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The ‘‘official patrol vessels’’ consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. Spectator vessels desiring to transit the regulated area may do so only with prior approval of the PATCOM and, when so directed by that officer, will be operated at a minimum safe navigation speed in a manner which will not endanger any other vessels. No spectator vessel shall anchor, block, loiter, or impede the through transit of official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the airshow. The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the regulated area, citation for failure to comply, or both. The COTP or a designated representative may terminate the operation of any vessel at any time it is deemed necessary for the protection of life or property. The COTP or a designated representative will terminate PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 enforcement of the special local regulation at the conclusion of the airshow. The COTP or a designated representative will inform the public of the enforcement times and date for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as appropriate. 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 13563 (‘‘Improving Regulation and Regulatory Review’’) and 12866 (‘‘Regulatory Planning and Review’’) 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’) directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ The Office of Management and Budget (OMB) has not designated this rule a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from the requirements of Executive Order 13771. See OMB’s Memorandum ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’’’ (April 5, 2017). This regulatory action determination is based on the size, location, duration, and time-of-day of the temporary special local regulation. This special local regulation restricts transit on a six-mile stretch of the Ohio River for four hours on one day. Moreover, the Coast Guard will issue BNMs, LNMs, and MSIBs about this special local regulation so that E:\FR\FM\28AUR1.SGM 28AUR1 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations D. Federalism and Indian Tribal Governments waterway users may plan accordingly for this short restriction on transit. In addition, the rule allows vessels to request permission to enter the regulated area. daltland on DSKBBV9HB2PROD with RULES 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 received no comments from the Small Business Administration on this rulemaking. 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 temporary special local regulation may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule affects 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). VerDate Sep<11>2014 15:59 Aug 27, 2018 Jkt 244001 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 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 (DHS) Directive 023–01 and Commandant Instruction M16475.1D, 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 special local regulation that will prohibit entry on a six-mile stretch of the Ohio River for four hours on one day. It is categorically excluded from further review under paragraph L(61) of Appendix A, Table 1 of DHS Instruction Manual 023–01–001–01, Rev. 01. A Record of Environmental Consideration PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 43759 (REC) supporting this determination is 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 1. The authority citation for part 100 continues to read as follows: ■ Authority: 33 U.S.C 1233; 33 CFR 1.05– 1. 2. Add § 100.35T08–0548 to read as follows: ■ § 100.35T08–0548 Special Local Regulation; Ohio River, Owensboro, KY. (a) Location. The following area is a temporary special local regulation: All navigable waters of the Ohio River, extending the entire width of the river, between mile marker (MM) 754.0 and MM 760.0, Owensboro, KY. (b) Effective period. This section is effective from noon through 4 p.m. on September 13, 2018. (c) Special local regulations. (1) In accordance with the general regulations in § 100.801 of this part, entry into this area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector Ohio Valley. They may be contacted on VHF–FM Channel 16 or by telephone at 1–800–253–7465. A designated representative may be a Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF–FM (156.8 MHz) by the call sign ‘‘PATCOM’’. (2) All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The ‘‘official E:\FR\FM\28AUR1.SGM 28AUR1 43760 Federal Register / Vol. 83, No. 167 / Tuesday, August 28, 2018 / Rules and Regulations daltland on DSKBBV9HB2PROD with RULES patrol vessels’’ consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the COTP to patrol the regulated area. (3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the PATCOM and when so directed by that officer will be operated at a minimum safe navigation speed in a manner which will not endanger any other vessels. (4) No spectator vessel shall anchor, block, loiter, or impede the through transit of official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel. (5) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the airshow. (6) The COTP or a designated representative may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the regulated area, citation for failure to comply, or both. (7) The COTP or a designated representative may terminate the operation of any vessel at any time it is deemed necessary for the protection of life or property. (8) The COTP or a designated representative can terminate enforcement of the special local regulation at the conclusion of the airshow. (d) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this regulated area through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as appropriate. Dated: August 23, 2018. M.B. Zamperini, Captain, U.S. Coast Guard Captain of the Port Sector Ohio Valley. [FR Doc. 2018–18625 Filed 8–27–18; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 15:59 Aug 27, 2018 Jkt 244001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2018–0799] Drawbridge Operation Regulation; Columbia River, Portland, OR and Vancouver, WA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Interstate 5 (I– 5) Bridge, north bound, across the Columbia River, mile 106.5, between Portland, Oregon, and Vancouver, Washington. The deviation is necessary to conduct gear alignment and bearing clearances. This deviation allows the bridge to remain in the closed-tonavigation position during the event. DATES: This deviation is effective from 12:01 a.m. on September 10, 2018, to 11:59 p.m. on September 19, 2018. ADDRESSES: The docket for this deviation, USCG–2018–0799 is available at https://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206–220–7282, email d13-pfd13bridges@uscg.mil. SUPPLEMENTARY INFORMATION: Oregon Department of Transportation (bridge owner) requested a temporary deviation from the operating schedule for the I–5 Bridge, north bound, mile 106.5, across the Columbia River between Vancouver, WA, and Portland, OR, to align lift span operating rope drive gear and sheave bearing clearances. The I–5 Bridge provides three designated navigation channels with vertical clearances ranging from 39 to 72 feet above Columbia River Datum 0.0 while the lift span is in the closed-to-navigation position. The normal operating schedule for the I–5 Bridge is 33 CFR 117.869. The deviation is effective from 12:01 a.m. on September 10, 2018 until 11:59 p.m. on September 19, 2018. The I–5 Bridges (north bound) are to remain in the closed to navigation position for the duration of the deviation, and need not be raised upon signal. Waterway usage on this part of the Columbia River SUMMARY: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 includes vessels ranging from large commercial ships and tug and tow vessels to recreational pleasure craft. Vessels able to pass under the bridge in the closed-to-navigation positions may do so at any time. The bridge will not be able to open for emergencies, and there is no immediate alternate route for vessels to pass except for the fixed height spans. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: August 22, 2018. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District. [FR Doc. 2018–18592 Filed 8–27–18; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2018–0810] RIN 1625–AA00 Safety Zone; Delaware River Fireworks Display, Delaware River, Philadelphia, PA Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for navigable waters of the Delaware River in the vicinity of Penn’s Landing, Philadelphia, PA, from 8:30 p.m. through 9:30 p.m. on September 1, 2018, during the Delaware River Waterfront Corp Fireworks Display. The safety zone is necessary to ensure the safety of participant vessels, spectators, and the boating public during the event. This regulation prohibits persons and nonparticipant vessels from entering, transiting through, anchoring in or remaining within the safety zone unless authorized by the Captain of the Port Delaware Bay or a designated representative. SUMMARY: E:\FR\FM\28AUR1.SGM 28AUR1

Agencies

[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Rules and Regulations]
[Pages 43757-43760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18625]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2018-0548]
RIN 1625-AA08


Special Local Regulation; Ohio River, Owensboro, KY

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Ohio River, extending the 
entire width of the river, from mile marker (MM) 754.0 to MM 760.0. 
This action is necessary to provide for the safety of persons, vessels, 
and the marine environment during the Owensboro Airshow. This 
rulemaking will prohibit persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port Sector Ohio 
Valley or a designated representative.

DATES: This rule is effective from noon through 4 p.m. on September 13, 
2018.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0548 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 Riley Jackson, Sector Ohio Valley, U.S. 
Coast Guard;

[[Page 43758]]

telephone 502-779-5348, email [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 City of Owensboro notified the Coast Guard that it would be 
conducting an airshow practice over the Ohio River from mile marker 
(MM) 754.0 to MM 760.0 from noon to 4 p.m. on September 13, 2018. In 
response, on June 27, 2018 the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled Special Local Regulation; Ohio River, 
Owensboro, KY (83 FR 30089). There we stated why we issued the NPRM, 
and invited comments on our proposed regulatory action related to this 
airshow. During the comment period that ended July 27, 2018, we 
received no comments.
    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 the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with the airshow 
practice.

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 Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the airshow on September 13, 
2018 will be a safety concern for anyone on a six-mile stretch of the 
Ohio River. The purpose of this rule is to ensure safety of persons, 
vessels, and the marine environment on the navigable waters in the 
regulated area before, during, and after the scheduled event.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published July 
27, 2018. There are no changes in the regulatory text of this rule from 
the text proposed in the NPRM.
    This rule establishes a special local regulation from noon through 
4 p.m. on September 13, 2018. The special local regulation area will 
cover all navigable waters of the Ohio River, extending the entire 
width of the river, between MM 754.0 and MM 760.0 in Owensboro, KY. The 
duration of the special local regulation is intended to ensure the 
safety of persons, vessels, and the marine environment on these 
navigable waters before, during, and after the Owensboro Airshow.
    No vessel or person will be permitted to enter the special local 
regulation area without obtaining permission from the COTP or a 
designated representative. A designated representative is a 
commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of USCG Sector Ohio 
Valley. They may be contacted on VHF-FM Channel 16 or by telephone at 
1-800-253-7465. A designated representative may be a Patrol Commander 
(PATCOM). The PATCOM may be aboard either a Coast Guard or Coast Guard 
Auxiliary vessel. The PATCOM may be contacted on Channel 16 VHF-FM 
(156.8 MHz) by the call sign ``PATCOM''. All persons and vessels not 
registered with the sponsor as participants or official patrol vessels 
are considered spectators. The ``official patrol vessels'' consist of 
any Coast Guard, state, or local law enforcement and sponsor provided 
vessels assigned or approved by the COTP to patrol the regulated area.
    Spectator vessels desiring to transit the regulated area may do so 
only with prior approval of the PATCOM and, when so directed by that 
officer, will be operated at a minimum safe navigation speed in a 
manner which will not endanger any other vessels. No spectator vessel 
shall anchor, block, loiter, or impede the through transit of official 
patrol vessels in the regulated area during the effective dates and 
times, unless cleared for entry by or through an official patrol 
vessel. Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the airshow.
    The COTP or a designated representative may forbid and control the 
movement of all vessels in the regulated area. When hailed or signaled 
by an official patrol vessel, a vessel shall come to an immediate stop 
and comply with the directions given. Failure to do so may result in 
expulsion from the regulated area, citation for failure to comply, or 
both.
    The COTP or a designated representative may terminate the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property. The COTP or a designated representative will 
terminate enforcement of the special local regulation at the conclusion 
of the airshow. The COTP or a designated representative will inform the 
public of the enforcement times and date for this regulated area 
through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners 
(LNMs), and/or Marine Safety Information Broadcasts (MSIBs) as 
appropriate.

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 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') 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 (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs'') directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. As this 
rule is not a significant regulatory action, this rule is exempt from 
the requirements of Executive Order 13771. See OMB's Memorandum 
``Guidance Implementing Executive Order 13771, Titled `Reducing 
Regulation and Controlling Regulatory Costs''' (April 5, 2017). This 
regulatory action determination is based on the size, location, 
duration, and time-of-day of the temporary special local regulation. 
This special local regulation restricts transit on a six-mile stretch 
of the Ohio River for four hours on one day. Moreover, the Coast Guard 
will issue BNMs, LNMs, and MSIBs about this special local regulation so 
that

[[Page 43759]]

waterway users may plan accordingly for this short restriction on 
transit. In addition, the rule allows vessels to request permission to 
enter 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 received no comments from the Small Business 
Administration on this rulemaking. 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 
temporary special local regulation may be small entities, for the 
reasons stated in section V.A above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule affects 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.

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 
(DHS) Directive 023-01 and Commandant Instruction M16475.1D, 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 special local regulation that will prohibit entry on a 
six-mile stretch of the Ohio River for four hours on one day. It is 
categorically excluded from further review under paragraph L(61) of 
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A 
Record of Environmental Consideration (REC) supporting this 
determination is 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; 33 CFR 1.05-1.

0
2. Add Sec.  100.35T08-0548 to read as follows:


Sec.  100.35T08-0548   Special Local Regulation; Ohio River, Owensboro, 
KY.

    (a) Location. The following area is a temporary special local 
regulation: All navigable waters of the Ohio River, extending the 
entire width of the river, between mile marker (MM) 754.0 and MM 760.0, 
Owensboro, KY.
    (b) Effective period. This section is effective from noon through 4 
p.m. on September 13, 2018.
    (c) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.801 of this part, entry into this area is 
prohibited unless authorized by the Captain of the Port Sector Ohio 
Valley (COTP) or a designated representative. A designated 
representative is a commissioned, warrant, or petty officer of the U.S. 
Coast Guard assigned to units under the operational control of USCG 
Sector Ohio Valley. They may be contacted on VHF-FM Channel 16 or by 
telephone at 1-800-253-7465. A designated representative may be a 
Patrol Commander (PATCOM). The PATCOM may be aboard either a Coast 
Guard or Coast Guard Auxiliary vessel. The PATCOM may be contacted on 
Channel 16 VHF-FM (156.8 MHz) by the call sign ``PATCOM''.
    (2) All persons and vessels not registered with the sponsor as 
participants or official patrol vessels are considered spectators. The 
``official

[[Page 43760]]

patrol vessels'' consist of any Coast Guard, state, or local law 
enforcement and sponsor provided vessels assigned or approved by the 
COTP to patrol the regulated area.
    (3) Spectator vessels desiring to transit the regulated area may do 
so only with prior approval of the PATCOM and when so directed by that 
officer will be operated at a minimum safe navigation speed in a manner 
which will not endanger any other vessels.
    (4) No spectator vessel shall anchor, block, loiter, or impede the 
through transit of official patrol vessels in the regulated area during 
the effective dates and times, unless cleared for entry by or through 
an official patrol vessel.
    (5) Any spectator vessel may anchor outside the regulated area, but 
may not anchor in, block, or loiter in a navigable channel. Spectator 
vessels may be moored to a waterfront facility within the regulated 
area in such a way that they shall not interfere with the progress of 
the airshow.
    (6) The COTP or a designated representative may forbid and control 
the movement of all vessels in the regulated area. When hailed or 
signaled by an official patrol vessel, a vessel shall come to an 
immediate stop and comply with the directions given. Failure to do so 
may result in expulsion from the regulated area, citation for failure 
to comply, or both.
    (7) The COTP or a designated representative may terminate the 
operation of any vessel at any time it is deemed necessary for the 
protection of life or property.
    (8) The COTP or a designated representative can terminate 
enforcement of the special local regulation at the conclusion of the 
airshow.
    (d) Information broadcasts. The COTP or a designated representative 
will inform the public of the enforcement times and date for this 
regulated area through Broadcast Notices to Mariners (BNMs), Local 
Notices to Mariners (LNMs), and/or Marine Safety Information Broadcasts 
(MSIBs) as appropriate.

    Dated: August 23, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-18625 Filed 8-27-18; 8:45 am]
 BILLING CODE 9110-04-P

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