This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

30089 

Vol. 83, No. 124 

Wednesday, June 27, 2018 

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: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish 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 proposed rulemaking 

would 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. We invite your 

comments on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 27, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2018–0548 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Petty Officer 

Riley Jackson, Sector Ohio Valley, U.S. 

Coast Guard; 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 

MM Mile marker 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

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. Over the years, there have 

been unfortunate instances of aircraft 

mishaps that involve crashing during 

performances at various air shows 

around the world. Occasionally, these 

incidents result in a wide area of 

scattered debris in the water that can 

damage property or cause significant 

injury or death to the public observing 

the air shows. The Captain of the Port 

Sector Ohio Valley (COTP) has 

determined that a special local 

regulation is necessary to protect the 

public from potential hazards associated 

with the aerial flight demonstration. 

This proposed rulemaking adds an 

extra day to the recurring special local 

regulation for the Owensboro Airshow 

listed in our regulation for marine 

events within the Eighth Coast Guard 

District, 33 CFR 100.801, Table 1, Line 

43. The airshow is requiring another day 

of practice flights for the Blue Angels 

that will be participating in this year’s 

event. 

The purpose of this rulemaking is to 

ensure the safety of persons, vessels, 

and the marine environment on the 

navigable waters of the Ohio River 

before, during, and after the Owensboro 

Airshow. The Coast Guard proposes this 

rulemaking under authority in 33 U.S.C. 

1233. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

temporary special local regulation for all 

navigable waters of the Ohio River from 

MM 754.0 to MM 760.0 from noon to 4 

p.m. on September 13, 2018. The 

regulated area would 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 would be 

permitted to enter the regulated 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 would 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, would 

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 air 

show. 

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. 


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30090 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules 

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 would 

terminate enforcement of the special 

local regulation at the conclusion of the 

air show. 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. 

The regulatory text we are proposing 

appears at the end of this document. 

IV. 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 and 

Executive orders and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. This Notice of 

Proposed Rulemaking (NPRM) has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

has not been reviewed by the Office of 

Management and Budget (OMB), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size, location, duration, 

and time-of-day of the temporary special 

local regulation. This proposed special 

local regulation restricts transit on a 

four-mile stretch of the Ohio River for 

four hours on one day. Moreover, the 

Coast Guard would issue Broadcast 

Notices to Mariners, Local Notices to 

Mariners, and Marine Safety 

Information Bulletins about this special 

local regulation so that waterway users 

may plan accordingly for this short 

restriction on transit, and the rule 

would allow 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 certifies under 5 U.S.C. 

605(b) that this proposed rule would 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 IV.A above, this proposed 

rule would not have a significant 

economic impact on any vessel owner 

or operator. 

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. 

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 section. 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. 

C. Collection of Information 

This proposed rule would 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 proposed 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 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. 

If you believe this proposed 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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security (DHS) Directive 023–01, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (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 

that would prohibit entry on a four-mile 

stretch of the Ohio River on one day. 

Normally such actions are categorically 

excluded from further review under 

paragraph L61 of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A preliminary Record 

of Environmental Consideration 

supporting this determination is 

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. 

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 


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Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Proposed Rules 30091 

jeopardizing the safety or security of 

people, places, or vessels. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. 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. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 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; 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, 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 will 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 

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 air show. 

(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 will terminate 

enforcement of the special local 

regulation at the conclusion of the air 

show. 

(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: June 21, 2018. 

M.B. Zamperini, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2018–13734 Filed 6–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 54 and 64 

[WC Docket No. 10–90, 14–58, 07–135 and 

CC Docket No. 01–92; Report No. 3091] 

Petitions for Reconsideration of Action 

in Rulemaking Proceeding 

Correction 

In proposed rule document 2018– 

12786, appearing on pages 27746–27747 

in the Issue of Thursday, June 14, 2018, 

make the following correction: 

On page 27746, in the third column, 

under the heading ‘‘DATES:’’ the entry 

‘‘June 25, 2018’’ is corrected to read 

‘‘July 9, 2018’’. 

[FR Doc. C1–2018–12786 Filed 6–26–18; 8:45 am] 

BILLING CODE 1301–00–D 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[4500030115] 

Endangered and Threatened Wildlife 

and Plants; 90-day Findings for Three 

Species 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition findings and 

initiation of status reviews. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce 90- 

day findings on three petitions to add or 

remove species from the List of 

Endangered and Threatened Wildlife 


nshattuck on DSK9F9SC42PROD with PROPOSALS