82_FR_15231 82 FR 15174 - Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update

82 FR 15174 - Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 57 (March 27, 2017)

Page Range15174-15178
FR Document2017-05989

The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This notice informs the public of regularly scheduled events that require additional safety measures through establishing a special local regulation. Through this notice the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas. Additionally, this one proposed rulemaking project reduces administrative costs involved in producing separate proposed rules for each individual recurring special local regulation and serves to provide notice of the known recurring special local regulations throughout the year.

Federal Register, Volume 82 Issue 57 (Monday, March 27, 2017)
[Federal Register Volume 82, Number 57 (Monday, March 27, 2017)]
[Proposed Rules]
[Pages 15174-15178]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-05989]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0010]
RIN 1625-AA08


Special Local Regulations; Sector Ohio Valley Annual and 
Recurring Special Local Regulations Update

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is amending and updating its special local 
regulations relating to recurring marine parades, regattas, and other 
events that take place in the Coast Guard Sector Ohio Valley area of 
responsibility (AOR). This notice informs the public of regularly 
scheduled events that require additional safety measures through 
establishing a special local regulation. Through this notice the 
current list of recurring special local regulations is updated with 
revisions, additional events, and removal of events that no longer take 
place in Sector Ohio Valley's AOR. When these special local regulations 
are enforced, certain restrictions are placed on marine traffic in 
specified areas. Additionally, this one proposed rulemaking project 
reduces administrative costs involved in producing separate proposed 
rules for each individual recurring special local regulation and serves 
to provide notice of the known recurring special local regulations 
throughout the year.

DATES: Comments and related material must be received by the Coast 
Guard on or before April 26, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-
2017-0010 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 on this proposed 
rule, call or email Petty Officer James Robinson, Sector Ohio Valley, 
U.S. Coast Guard; telephone (502) 779-5347, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
E.O. Executive order
FR Federal Register
NPRM Notice of proposed rulemaking
Pub. L. Public Law
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The Captain of the Port (COTP) Ohio Valley is proposing to 
establish, amend, and update its current list of recurring special 
local regulations.
    These special local regulations are proposed to be added, amended, 
and updated to the list of annually recurring special local regulations 
under 33 CFR 100.801 in Table no. 1 for annual special local 
regulations in the COTP Ohio Valley zone. The Coast Guard will address 
all comments accordingly, whether through response, additional revision 
to the regulation, or otherwise. Additionally, these recurring events 
are provided to the public through local avenues and planned by the 
local communities.
    The current list of annual and recurring special local regulations 
occurring in Sector Ohio Valley's AOR is published under 33 CFR part 
100.801. That most recent list was created January 25, 2016 through the 
rulemaking 81 FR 3976.
    The Coast Guard's authority for establishing a special local 
regulation is contained at 33 U.S.C. 1233. The Coast Guard is amending 
and updating the special local regulations under 33 CFR part 100 to 
include the most up to date list of recurring special local regulations 
for events held on or around navigable waters within Sector Ohio 
Valley's AOR. These events include marine parades, boat races, swim 
events, and other marine related events. The current list under 33 CFR 
100.801 requires amending to provide new information on existing 
special local regulations, updating to include new special local 
regulations expected to recur annually or biannually, and to remove 
special local regulations that are no longer required. Issuing 
individual regulations for each new special local regulation, 
amendment, or removal of an existing special local regulation creates 
unnecessary administrative costs and burdens. This single proposed 
rulemaking will considerably reduce administrative overhead and 
provides the public with notice through publication in the Federal 
Register of the upcoming recurring special local regulations.
    The Coast Guard encourages the public to participate in this 
proposed rulemaking through the comment process so that any necessary 
changes can be identified and implemented in a timely and efficient 
manner.

III. Discussion of Proposed Rule

    33 CFR part 100 contains regulations to provide effective control 
over regattas and marine parades conducted on U.S. navigable waters in 
order to ensure the safety of life in the regattas or marine parade 
area. Section 100.801 provides the regulations applicable to events 
taking place in the Eighth Coast Guard District and also provides a 
table listing each event and special local regulation. This section 
requires amendment from time to time to properly reflect the recurring 
special local regulations in Sector Ohio Valley's AOR. This proposed 
rule amends and updates Section 100.801 replacing the current Table 1 
for Sector Ohio Valley.
    Additionally, this proposed rule would add 12 new recurring special 
local regulations and removes 06 special local regulations as follows: 
12 added

[[Page 15175]]

under the new Table 1 for Sector Ohio Valley.

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Date                       Event/sponsor          Ohio Valley  location                            Regulated area
--------------------------------------------------------------------------------------------------------------------------------------------------------
2 days--First weekend in August.....  Powerboat Nationals--    Ravenswood, WV.............  Ohio River, Mile 220.5-221.5 (West Virginia).
                                       Ravenswood Regatta.
2 days--One of the last three         Lawrenceburg Regatta/    Lawrenceburg, IN...........  Ohio River, Mile 492.0-496.0 (Indiana).
 weekends in June.                     Whiskey City Regatta.
2 days--One of the last three         Madison Vintage Thunder  Madison, IN................  Ohio River, Mile 557.5-558.5 (Indiana).
 weekends in September.
1 day--Fourth weekend in October....  Chattajack.............  Chattanooga, TN............  Tennessee River, Mile 463.7-464.5 (Tennessee).
1 day--Third weekend in March.......  Vanderbilt Invite......  Nashville, TN..............  Cumberland River Mile 189.0-192.0 (Tennessee).
2 days--last weekend in September...  Music City Head Race...  Nashville, TN..............  Cumberland River, Mile 190.5-195.0 (Tennessee).
1 day--Last weekend in July.........  Music City SUP Race....  Nashville, TN..............  Cumberland River Mile 190.0-191.5 (Tennessee).
3 days--Third weekend in June.......  Thunder on the           Nashville, TN..............  Cumberland River, Mile 190.5-194.0 (Tennessee).
                                       Cumberland.
3 days--Second weekend in May.......  ACRA Henley............  Nashville, TN..............  Cumberland River, Mile 189.0-193.0 (Tennessee).
2 days--Third weekend in August.....  Kittanning Riverbration  Kittanning, PA.............  Allegheny River, Mile 44.0-45.5
                                       Boat Races.                                          (Pennsylvania).
2 days--Third Friday and Saturday in  Thunder Over Louisville  Louisville, KY.............  Ohio River, Mile 598.0-603.0.
 April.
3 days--One of the first two          Evansville HydroFest...  Evansville, IN.............  Ohio River, Mile 791.8.0-793.0.
 weekends in September.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    This proposed rule would remove the following seven special local 
regulations from the existing Table 1 Part 100.801 as follows:

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Date                       Event/sponsor          Ohio Valley  location                            Regulated area
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 day--Saturday before Memorial Day   Venture Outdoors/        Pittsburgh, PA.............  Allegheny River, Mile 0.0-0.25 Monongahela River 0.0-0.25
 weekend.                              Venture Outdoors                                      (Pennsylvania).
                                       Festival.
1 day--Third Saturday in July.......  Pittsburgh Irish Rowing  Pittsburgh, PA.............  Miles 7-9, Ohio River back channel (Pennsylvania).
                                       Club/St. Brendan's Cup
                                       Currach Regatta.
2 days--Last weekend in September...  Fall Records Challenge   New Martinsville, WV.......  Ohio River, Mile 128.5-129.5 (West Virginia).
                                       Committee/Fall Records
                                       Challenge.
1 day--One weekend, last half of      Harbor House of          Louisville, KY.............  Ohio River, Mile 602.0-604.0 (Kentucky).
 September.                            Louisville/
                                       Ken``Ducky'' Derby.
1 day--July 4th.....................  Wellsburg 4th of July    Wellsburg, WV..............  Ohio River, Mile 73.5-74.5 (West Virginia).
                                       Committee/Wellsburg
                                       4th of July Fireworks.
1 day--One weekend, last half of      Harbor House of          Louisville, KY.............  Ohio River, Mile 602.0-604.0 (Kentucky).
 September.                            Louisville/
                                       Ken``Ducky'' Derby.
2 days--First or second weekend in    State Dock/Cumberland    Jamestown, KY..............  Lake Cumberland (Kentucky).
 September.                            Poker Run.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The effect of this proposed rule would be to restrict general 
navigation during these events. Vessels intending to transit the 
designated waterway through the special local regulations will only be 
allowed to transit the area when the COTP Ohio Valley, or designated 
representative, has deemed it safe to do so or at the completion of the 
event.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and executive orders (E.O.s) related to rulemaking. Below we summarize 
our analyses based on a number of these statutes and E.O.s, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563 
(``Improving Regulation and Regulatory 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. 
E.O.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, the Office of Management and Budget (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 titled ``Interim Guidance Implementing Section 2 of the 
Executive Order of January 30, 2017 titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (February 2, 2017).
    The Coast Guard expects the economic impact of this proposed rule 
to be minimal, and therefore a full regulatory evaluation is 
unnecessary. This proposed rule establishes special local regulations 
limiting access to certain areas under 33 CFR part 100 within Sector 
Ohio Valley's AOR. The effect of this proposed rulemaking will not be 
significant because these special local regulations are limited in 
scope and duration. Additionally, the public is given advance 
notification through local forms of notice, the Federal Register,

[[Page 15176]]

and/or Notices of Enforcement and thus will be able to plan operations 
around the special local regulations in advance. Deviation from the 
special local regulations established through this proposed rulemaking 
may be requested from the appropriate COTP and requests will be 
considered on a case-by-case basis. Broadcast Notices to Mariners and 
Local Notices to Mariners will also inform the community of these 
special local regulations so that they may plan accordingly for these 
short restrictions on transit. Vessel traffic may request permission 
from the COTP Ohio Valley or a designated representative to enter the 
restricted area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    This proposed rule would affect the following entities, some of 
which may be small entities: The owners or operators of vessels 
intending to transit the special local regulation areas during periods 
of enforcement. The special local regulations would not have a 
significant economic impact on a substantial number of small entities 
because they are limited in scope and will be in effect for short 
periods of time. Before the enforcement period, the Coast Guard COTP 
will issue maritime advisories widely available to waterway users. 
Deviation from the special local regulations established through this 
proposed rulemaking may be requested from the appropriate COTP and 
requests will be considered on a case-by-case basis.
    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 proposed rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please contact the person listed in the FOR 
FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this proposed rule or any 
policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule will not call for a new collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under E.O. 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 E.O. 13132.
    Also, this rule does not have tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian tribes. If you believe this rule has 
implications for federalism or Indian tribes, please contact the person 
listed in the FOR FURTHER INFORMATION CONTACT section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland 
Security Management Directive 023-01 and Commandant Instruction 
M16475.lD, which guide the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have 
made a preliminary determination that this action is one of a category 
of actions that do not individually or cumulatively have a significant 
effect on the human environment. This rule is categorically excluded 
under section 2.B.2, figure 2-1, paragraph (34)(h) of the Instruction 
because it involves establishment of special local regulations related 
to marine event permits for marine parades, regattas, and other marine 
events. 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 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, you may review a Privacy Act notice regarding the Federal 
Docket

[[Page 15177]]

Management System in the March 24, 2005, issue of the Federal Register 
(70 FR 15086).
    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 Web site'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, and Waterways.

    For the reasons discussed in the preamble, the U.S. Coast Guard 
proposes to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

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

    Authority:  33 U.S.C. 1233.

0
2. Amend Sec.  100.801 to revise table 1 to read as follows:


Sec.  100.801  Annual Marine Events in Sector Ohio Valley's AOR.

* * * * *

 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                Date                       Event/sponsor          Ohio Valley  location                            Regulated area
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. The first Saturday in April......  University of            Charleston, WV.............  Kanawha River, Mile 59.9-61.4 (West Virginia).
                                       Charleston Rowing/West
                                       Virginia Governor's
                                       Cup Regatta.
2. 1 day--During the last week of     Kentucky Derby Festival/ Louisville, KY.............  Ohio River, Mile 596.0-604.3 (Kentucky).
 April or first week of May.           Belle of Louisville
                                       Operating Board/Great
                                       Steamboat Race.
3. 1 day--Third or fourth weekend in  REV3/REV3 Triathlon....  Knoxville, TN..............  Tennessee River, Mile 646.0-649.0 (Tennessee).
 May.
4. 1 day--Third weekend in May......  World Triathlon          Chattanooga, TN............  Tennessee River, Mile 463.0-466.0 (Tennessee).
                                       Corporation/IRONMAN
                                       70.3.
5. 1 day--second weekend in June....  Chattanooga Parks and    Chattanooga, TN............  Tennessee River, Mile 464.0-469.0 (Tennessee).
                                       Rec/Chattanooga River
                                       Rats Open Water Swim.
6. 1 day--Third or fourth weekend in  Greater Morgantown       Morgantown, WV.............  Monongahela River, Mile 101.0-102.0 (West Virginia).
 June.                                 Convention and
                                       Visitors Bureau/
                                       Mountaineer Triathlon.
7. 2 days--First weekend of June....  Kentucky Drag Boat       Pisgah Bay, KY.............  Tennessee River, Mile 30.0 (Kentucky).
                                       Association.
8. 1 day--One of the first two        Green Umbrella/Ohio      Cincinnati, OH.............  Ohio River, Mile 459.5-470.2 (Ohio and Kentucky).
 weekends in August.                   River Paddlefest.
9. 1 day--Fourth or fifth Sunday in   Green Umbrella/Great     Cincinnati, OH.............  Ohio River, Mile 469.8-470.2 (Ohio and Kentucky).
 September.                            Ohio River Swim.
10. 1 day--One of the last two        Ohio River Open Water    Prospect, KY...............  Ohio River, Mile 588.0-590.0 9 (Kentucky).
 weekends in September.                Swim.
11. 2 days--Second or third weekend   Louisville Dragon Boat   Louisville, KY.............  Ohio River, Mile 603.0-603.5 (Kentucky).
 in September.                         Festival.
12. 1 day--Third or fourth Sunday of  Tucson Racing/           Cincinnati, OH.............  Ohio River, Mile 469.3-470.2 (Ohio).
 July.                                 Cincinnati Triathlon.
13. 2 days--First weekend of July...  Kentucky Drag Boat       Pisgah Bay, KY.............  Tennessee River, Mile 30.0 (Kentucky).
                                       Association.
14. 1 day--Second weekend in July...  Bradley Dean/            Florence, AL...............  Tennessee River, Mile 255.0-257.0 (Alabama).
                                       Renaissance Man
                                       Triathlon.
15. 3 days--One of the first two      Madison Regatta, Inc./   Madison, IN................  Ohio River, Mile 555.0-560.0 (Indiana).
 weekends in July.                     Madison Regatta.
16. 1 day--One of the last three      Louisville Race the      Louisville, KY.............  Ohio River, Mile 601.5-603.0 (Kentucky).
 weekends in June.                     Bridge Triathlon.
17. 1 day--Fourth weekend in June...  Team Magic/Chattanooga   Chattanooga, TN............  Tennessee River, Mile 463.0-465.0 (Tennessee).
                                       Waterfront Triathlon.
18. 1 day--Fourth weekend in July...  Team Magic/Music City    Nashville, TN..............  Cumberland River, Mile 190.0-192.0 (Tennessee).
                                       Triathlon.
19. 2 days--Last two weeks in July    Friends of the           Pittsburgh, PA.............  Allegheny River, Mile 0.0-1.5 (Pennsylvania).
 or first three weeks of August.       Riverfront Inc./
                                       Pittsburgh Triathlon
                                       and Adventure Races.
20. 3 days--First week of August....  EQT Pittsburgh Three     Pittsburgh, PA.............  Ohio River, Mile 0.0-0.5, Allegheny River, Mile 0.0-0.6, and
                                       Rivers Regatta.                                       Monongahela River, Mile 0.0-0.5 (Pennsylvania).
21. 2 days--First weekend of August.  Kentucky Drag Boat       Pisgah Bay, KY.............  Tennessee River, Mile 30.0 (Kentucky).
                                       Association.
22. 2 days--One of the last two       Captain Quarters         Louisville, KY.............  Ohio River, Mile 595.0-597.0 (Kentucky).
 weekends in September.                Regatta.
23. 2 days--Second or third weekend   Norton Healthcare/       Louisville, KY.............  Ohio River, Mile 601.5-604.5 (Kentucky).
 in October.                           Ironman Triathlon.
24. 2 days--Third full weekend        Ohio County Tourism/     Rising Sun, IN.............  Ohio River, Mile 504.0-508.0 (Indiana and Kentucky).
 (Saturday and Sunday) in August.      Rising Sun Boat Races.
25. 1 day--Last weekend in August...  Tennessee Clean Water    Knoxville, TN..............  Tennessee River, Mile 647.0-649.0 (Tennessee).
                                       Network/Downtown
                                       Dragon Boat Races.
26. 3 days--Third weekend in August.  Governors' Cup/UWP-      Charleston, WV.............  Kanawha River, Mile 56.7-57.6 (West Virginia).
                                       IJSBA National
                                       Championships.
27. 2 days--Fourth weekend in July..  Herd Racing LLC/         Huntington, WV.............  Ohio River, Mile 307.3-309.3 (West Virginia).
                                       Huntington Classic.
28. 2 days--Labor Day weekend.......  Wheeling Vintage Race    Wheeling, WV...............  Ohio River, Mile 090.4-091.5 (West Virginia).
                                       Boat Association Ohio/
                                       Wheeling Vintage
                                       Regatta.
29. 2 days--weekend before Labor Day  SUP3Rivers The           Pittsburgh, PA.............  Monongahela River, Mile 0.0-3.09 Allegheny River Mile 0.0-
                                       Southside Outside.                                    0.25 (Pennsylvania).
30. 1 day--Saturday before Labor Day  Wheeling Dragon Boat     Wheeling, WV...............  Ohio River, Mile 90.4-91.5 (West Virginia).
                                       Race.
31. 1 day--First or second weekend    Cumberland River         Nashville, TN..............  Cumberland River, Mile 190.0-192.0 (Tennessee).
 in September.                         Compact/Cumberland
                                       River Dragon Boat
                                       Festival.
32. 2 days--First or second weekend   State Dock/Cumberland    Jamestown, KY..............  Lake Cumberland (Kentucky).
 in September.                         Poker Run.
33. 3 days--First or second weekend   Sailing for a Cure       Louisville, KY.............  Ohio River, Mile 601.0-604.0 (Kentucky).
 in September.                         Foundation/SFAC Fleur
                                       de Lis Regatta.
34. 1 day--Last weekend in September  World Triathlon          Chattanooga, TN............  Tennessee River, Mile 463.0-467.0 (Tennessee).
                                       Corporation/IRONMAN
                                       Chattanooga.
35. 1 day--Second weekend in          City of Clarksville/     Clarksville, TN............  Cumberland River, Mile 125.0-126.0 (Tennessee).
 September.                            Clarksville Riverfest
                                       Cardboard Boat Regatta.
36. 2 days--First weekend of October  Three Rivers Rowing      Pittsburgh, PA.............  Allegheny River, Mile 0.0-4.0 (Pennsylvania).
                                       Association/Head of
                                       the Ohio Regatta.

[[Page 15178]]

 
37. 1 day--First or second weekend    Lookout Rowing Club/     Chattanooga, TN............  Tennessee River, Mile 464.0-467.0 (Tennessee).
 in October.                           Chattanooga Head Race.
38. 1 day--Third weekend in November  TREC-RACE/Pangorge.....  Chattanooga, TN............  Tennessee River, Mile 444.0-455.0 (Tennessee).
39. 3 days--First weekend in          Atlanta Rowing Club/     Chattanooga, TN............  Tennessee River, Mile 464.0-467.0 (Tennessee).
 November.                             Head of the Hooch
                                       Rowing Regatta.
40. One Saturday in June or July....  Paducah Summer Festival/ Paducah, KY................  Ohio River, Mile 934-936 (Kentucky).
                                       Cross River Swim.
41. 1 day--During the last weekend    Louisville Metro         Louisville, KY.............  Ohio River, Mile 602.0-603.5 (Kentucky).
 in May.                               Government/Mayor's
                                       Healthy Hometown
                                       Subway Fresh Fit,
                                       Hike, Bike and Paddle.
42. 3 days--One of the last three     Hadi Shrine/Evansville   Evansville, IN.............  Ohio River, Mile 791.0-795.0 (Indiana).
 weekends in June.                     Shriners Festival.
43. 1 day--Second or third Saturday   Allegheny Mountain LMSC/ Pittsburgh, PA.............  Allegheny River, Mile 0.0-0.6 (Pennsylvania).
 in July.                              Search for Monongy.
44. 1 day--During the first week of   Evansville Freedom       Evansville, IN.............  Ohio River, Mile 791.0-796.0 (Indiana).
 July.                                 Celebration/4th of
                                       July Freedom
                                       Celebration.
45. 1 day--First weekend in           Louisville Metro         Louisville, KY.............  Ohio River, Mile 602.0-603.5 (Kentucky).
 September.                            Government/Mayor's
                                       Healthy Hometown
                                       Subway Fresh Fit,
                                       Hike, Bike and Paddle.
46. 2 days--One of the last three     Dare to Care/KFC         Louisville, KY.............  Ohio River, Mile 601.0-604.0 (Kentucky).
 weekends in July.                     Mayor's Cup Paddle
                                       Sports Races/Voyageur
                                       Canoe World
                                       Championships.
47. 3 days--Fourth weekend in August  Kentucky Drag Boat       Livermore, KY..............  Green River, Mile 70.0-71.5 (Kentucky).
                                       Association/Thunder on
                                       the Green.
48. 1 day--Fourth weekend in August.  Team Rocket Tri-Club/    Huntsville, AL.............  Tennessee River, Mile 333.0-334.5 (Alabama).
                                       Rocketman Triathlon.
49. 3 days--One of the last three     Hadi Shrine/Owensboro    Owensboro, KY..............  Ohio River, Mile 755.0-759.0 (Kentucky).
 weekends in September or first        Air Show.
 weekend in October.
50. 1 day--First Sunday in August...  HealthyHuntington.org/   Huntington, WV.............  Ohio River, Mile 307.3-308.3 (West Virginia).
                                       St. Marys Tri-state
                                       Triathlon.
51. 2 days--First Weekend in August.  Buckeye Outboard         Portsmouth, OH.............  Ohio River, Mile 355.3-356.7 (Ohio).
                                       Association/Portsmouth
                                       Challenge.
52. 1 day--Sunday before Labor Day..  Cincinnati Bell, WEBN,   Cincinnati, OH.............  Ohio River, Mile 464.0-476.0 (Kentucky and Ohio) and Licking
                                       and Proctor and Gamble/                               River Mile 0.0-3.0 (Kentucky).
                                       Riverfest.
53. Second Sunday in September......  Ohio River Sternwheel    Marietta, OH...............  Ohio River, Mile 170.5-172.5 (Ohio).
                                       Festival Committee
                                       Sternwheel race
                                       reenactment.
54. Second Saturday in September....  Parkersburg Paddle Fest  Parkersburg, WV............  Ohio River, Mile 184.3-188 (West Virginia).
55. Three days during the fourth      New Martinsville         New Martinsville, WV.......  Ohio River, Mile 128-129 (West Virginia).
 weekend in September.                 Records and Regatta
                                       Challenge Committee.
56. First weekend in July...........  Eddyville Creek Marina/  Eddyville, KY..............  Cumberland River, Mile 46.0-47.0 (Kentucky).
                                       Thunder Over Eddy Bay.
57. First or second weekend of July.  Prizer Point Marina/4th  Cadiz, KY..................  Cumberland River, Mile 54.0-55.09 (Kentucky).
                                       of July Celebration.
58. 2 days, last weekend in May or    Visit Knoxville/Racing   Knoxville, TN..............  Tennessee River, Mile 647.0-648.0 (Tennessee).
 first weekend in June.                on the Tennessee.
59. 1 day--First or second weekend    Riverbluff Triathlon...  Ashland City, TN...........  Cumberland River, Mile 157.0-159.0 (Tennessee).
 in August.
60. 2 days--First weekend in August.  POWERBOAT NATIONALS--    Ravenswood, WV.............  Ohio River, Mile
                                       Ravenswood Regatta.                                  220.5-221.5 (West Virginia).
61. 3 days--One of the last three     Lawrenceburg Regatta/    Lawrenceburg, IN...........  Ohio River, Mile
 weekends in June.                     Whiskey City Regatta.                                492.0-496.0 (Indiana).
62. 2 days--One of the last three     Madison Vintage Thunder  Madison, IN................  Ohio River, Mile
 weekends in September.                                                                     557.5-558.5 (Indiana).
63. 1 day--Fourth weekend in October  Chattajack.............  Chattanooga, TN............  Tennessee River, Mile 463.7-464.5 (Tennessee).
64. 1 day--Third weekend in March...  Vanderbilt Invite......  Nashville, TN..............  Cumberland River, Mile 189.0-192.0 (Tennessee).
65. 2 days--last weekend in           Music City Head Race...  Nashville, TN..............  Cumberland River, Mile 190.5-195.0 (Tennessee).
 September.
66. 1 day--Last weekend in July.....  Music City SUP Race....  Nashville, TN..............  Cumberland River, Mile 190.0-191.5 (Tennessee).
67. 3 days--Third weekend in June...  Thunder on the           Nashville, TN..............  Cumberland River, Mile 190.5-194.0 (Tennessee).
                                       Cumberland.
68. 3 days--Second weekend in May...  ACRA Henley............  Nashville, TN..............  Cumberland River, Mile 189.0-193.0 (Tennessee).
69. 2 days--Third weekend in August.  Kittanning Riverbration  Kittanning, PA.............  Allegheny River, Mile 44.0-45.5 (Pennsylvania).
                                       Boat Races.
70. 2 days--Third Friday and          Thunder Over Louisville  Louisville, KY.............  Ohio River, Mile 598.0-603.0 (Kentucky).
 Saturday in April.
71. 3 days--One of the first two      Evansville HydroFest...  Evansville, IN.............  Ohio River, Mile 791.8.0-793.0.
 weekends in September.
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: March 21, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-05989 Filed 3-24-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                 15174                    Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Proposed Rules

                                                 develop and distribute additional                       (AOR). This notice informs the public of              avenues and planned by the local
                                                 compliance assistance materials to post                 regularly scheduled events that require               communities.
                                                 on the Agency’s Web site                                additional safety measures through                       The current list of annual and
                                                 (www.msha.gov). Compliance assistance                   establishing a special local regulation.              recurring special local regulations
                                                 materials would include templates for                   Through this notice the current list of               occurring in Sector Ohio Valley’s AOR
                                                 workplace examinations for different                    recurring special local regulations is                is published under 33 CFR part 100.801.
                                                 mining environments that would                          updated with revisions, additional                    That most recent list was created
                                                 facilitate compliance and minimize                      events, and removal of events that no                 January 25, 2016 through the
                                                 mine operator recordkeeping burden.                     longer take place in Sector Ohio Valley’s             rulemaking 81 FR 3976.
                                                 MSHA would make these compliance                        AOR. When these special local                            The Coast Guard’s authority for
                                                 assistance materials available at a                     regulations are enforced, certain                     establishing a special local regulation is
                                                 number of informational stakeholder                     restrictions are placed on marine traffic             contained at 33 U.S.C. 1233. The Coast
                                                 meetings at various locations around the                in specified areas. Additionally, this one            Guard is amending and updating the
                                                 country. MSHA also understands that                     proposed rulemaking project reduces                   special local regulations under 33 CFR
                                                 mine operators may need time to adjust                  administrative costs involved in                      part 100 to include the most up to date
                                                 schedules, develop additional                           producing separate proposed rules for                 list of recurring special local regulations
                                                 recordkeeping capacity, and in other                    each individual recurring special local               for events held on or around navigable
                                                 ways modify the way they currently do                   regulation and serves to provide notice               waters within Sector Ohio Valley’s
                                                 business to comply with the rule. For                   of the known recurring special local                  AOR. These events include marine
                                                 these reasons, MSHA is proposing to                     regulations throughout the year.                      parades, boat races, swim events, and
                                                 extend the rule’s effective date to July                DATES: Comments and related material                  other marine related events. The current
                                                 24, 2017.                                               must be received by the Coast Guard on                list under 33 CFR 100.801 requires
                                                    MSHA is committed to assuring that                   or before April 26, 2017.                             amending to provide new information
                                                 mine operators and miners affected by                   ADDRESSES: You may submit comments
                                                                                                                                                               on existing special local regulations,
                                                 the examinations final rule have the                    identified by docket number USCG–                     updating to include new special local
                                                 training and compliance assistance they                 2017–0010 using the Federal                           regulations expected to recur annually
                                                 need prior to the rule’s effective date. As             eRulemaking Portal at http://                         or biannually, and to remove special
                                                 part of the outreach and compliance                     www.regulations.gov. See the ‘‘Public                 local regulations that are no longer
                                                 assistance process, MSHA would                          Participation and Request for                         required. Issuing individual regulations
                                                 consider issues raised by stakeholders                                                                        for each new special local regulation,
                                                                                                         Comments’’ portion of the
                                                 and consider further extending the                                                                            amendment, or removal of an existing
                                                                                                         SUPPLEMENTARY INFORMATION section for
                                                 effective date in order to determine if                                                                       special local regulation creates
                                                                                                         further instructions on submitting
                                                 these issues can be reasonably                                                                                unnecessary administrative costs and
                                                                                                         comments.
                                                 addressed through compliance                                                                                  burdens. This single proposed
                                                                                                         FOR FURTHER INFORMATION CONTACT: If                   rulemaking will considerably reduce
                                                 assistance and training. MSHA also                      you have questions on this proposed
                                                 seeks comments regarding the                                                                                  administrative overhead and provides
                                                                                                         rule, call or email Petty Officer James               the public with notice through
                                                 appropriate length of the proposed                      Robinson, Sector Ohio Valley, U.S.
                                                 extension.                                                                                                    publication in the Federal Register of
                                                                                                         Coast Guard; telephone (502) 779–5347,                the upcoming recurring special local
                                                 Patricia W. Silvey,                                     email James.C.Robinson@uscg.mil.                      regulations.
                                                 Deputy Assistant Secretary of Labor for Mine            SUPPLEMENTARY INFORMATION:                               The Coast Guard encourages the
                                                 Safety and Health.                                                                                            public to participate in this proposed
                                                                                                         I. Table of Abbreviations
                                                 [FR Doc. 2017–05979 Filed 3–24–17; 8:45 am]                                                                   rulemaking through the comment
                                                 BILLING CODE 4510–43–P
                                                                                                         CFR Code of Federal Regulations                       process so that any necessary changes
                                                                                                         DHS Department of Homeland Security                   can be identified and implemented in a
                                                                                                         E.O. Executive order                                  timely and efficient manner.
                                                                                                         FR Federal Register
                                                 DEPARTMENT OF HOMELAND                                  NPRM Notice of proposed rulemaking                    III. Discussion of Proposed Rule
                                                 SECURITY                                                Pub. L. Public Law
                                                                                                         § Section                                                33 CFR part 100 contains regulations
                                                 Coast Guard                                             U.S.C. United States Code                             to provide effective control over regattas
                                                                                                                                                               and marine parades conducted on U.S.
                                                                                                         II. Background, Purpose, and Legal                    navigable waters in order to ensure the
                                                 33 CFR Part 100                                         Basis                                                 safety of life in the regattas or marine
                                                 [Docket Number USCG–2017–0010]                             The Captain of the Port (COTP) Ohio                parade area. Section 100.801 provides
                                                                                                         Valley is proposing to establish, amend,              the regulations applicable to events
                                                 RIN 1625–AA08
                                                                                                         and update its current list of recurring              taking place in the Eighth Coast Guard
                                                 Special Local Regulations; Sector Ohio                  special local regulations.                            District and also provides a table listing
                                                                                                            These special local regulations are                each event and special local regulation.
                                                 Valley Annual and Recurring Special
                                                                                                         proposed to be added, amended, and                    This section requires amendment from
                                                 Local Regulations Update
                                                                                                         updated to the list of annually recurring             time to time to properly reflect the
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                                                 AGENCY:   Coast Guard, DHS.                             special local regulations under 33 CFR                recurring special local regulations in
                                                 ACTION:   Notice of proposed rulemaking.                100.801 in Table no. 1 for annual                     Sector Ohio Valley’s AOR. This
                                                                                                         special local regulations in the COTP                 proposed rule amends and updates
                                                 SUMMARY:  The Coast Guard is amending                   Ohio Valley zone. The Coast Guard will                Section 100.801 replacing the current
                                                 and updating its special local                          address all comments accordingly,                     Table 1 for Sector Ohio Valley.
                                                 regulations relating to recurring marine                whether through response, additional                     Additionally, this proposed rule
                                                 parades, regattas, and other events that                revision to the regulation, or otherwise.             would add 12 new recurring special
                                                 take place in the Coast Guard Sector                    Additionally, these recurring events are              local regulations and removes 06 special
                                                 Ohio Valley area of responsibility                      provided to the public through local                  local regulations as follows: 12 added


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                                                                                  Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Proposed Rules                                                                                         15175

                                                 under the new Table 1 for Sector Ohio
                                                 Valley.


                                                                                                                                                                                      Ohio Valley
                                                                        Date                                                     Event/sponsor                                                                               Regulated area
                                                                                                                                                                                       location

                                                 2 days—First weekend in August ..........               Powerboat Nationals—Ravenswood Regatta .....                             Ravenswood, WV            Ohio River, Mile 220.5–221.5 (West Virginia).
                                                 2 days—One of the last three weekends                   Lawrenceburg Regatta/Whiskey City Regatta ....                           Lawrenceburg, IN          Ohio River, Mile 492.0–496.0 (Indiana).
                                                   in June.
                                                 2 days—One of the last three weekends                   Madison Vintage Thunder ...................................              Madison, IN ..........    Ohio River, Mile 557.5–558.5 (Indiana).
                                                   in September.
                                                 1 day—Fourth weekend in October .......                 Chattajack ...........................................................   Chattanooga, TN ..        Tennessee River, Mile 463.7–464.5 (Tennessee).
                                                 1 day—Third weekend in March ............               Vanderbilt Invite ..................................................     Nashville, TN ........    Cumberland River Mile 189.0–192.0 (Tennessee).
                                                 2 days—last weekend in September .....                  Music City Head Race ........................................            Nashville, TN ........    Cumberland River, Mile 190.5–195.0 (Tennessee).
                                                 1 day—Last weekend in July .................            Music City SUP Race .........................................            Nashville, TN ........    Cumberland River Mile 190.0–191.5 (Tennessee).
                                                 3 days—Third weekend in June ............               Thunder on the Cumberland ...............................                Nashville, TN ........    Cumberland River, Mile 190.5–194.0 (Tennessee).
                                                 3 days—Second weekend in May .........                  ACRA Henley ......................................................       Nashville, TN ........    Cumberland River, Mile 189.0–193.0 (Tennessee).
                                                 2 days—Third weekend in August .........                Kittanning Riverbration Boat Races ....................                  Kittanning, PA ......     Allegheny River, Mile 44.0–45.5
                                                                                                                                                                                                            (Pennsylvania).
                                                 2 days—Third Friday and Saturday in                     Thunder Over Louisville ......................................           Louisville, KY ........   Ohio River, Mile 598.0–603.0.
                                                   April.
                                                 3 days—One of the first two weekends                    Evansville HydroFest ..........................................          Evansville, IN .......    Ohio River, Mile 791.8.0–793.0.
                                                   in September.



                                                   This proposed rule would remove the                                      from the existing Table 1 Part 100.801
                                                 following seven special local regulations                                  as follows:


                                                                                                                                                                                      Ohio Valley
                                                                        Date                                                     Event/sponsor                                                                               Regulated area
                                                                                                                                                                                       location

                                                 1 day—Saturday before Memorial Day                      Venture Outdoors/Venture Outdoors Festival ....                          Pittsburgh, PA ......     Allegheny River, Mile 0.0–0.25 Monongahela River
                                                   weekend.                                                                                                                                                    0.0–0.25 (Pennsylvania).
                                                 1 day—Third Saturday in July ................           Pittsburgh Irish Rowing Club/St. Brendan’s Cup                           Pittsburgh, PA ......     Miles 7–9, Ohio River back channel (Pennsyl-
                                                                                                           Currach Regatta.                                                                                    vania).
                                                 2 days—Last weekend in September ....                   Fall Records Challenge Committee/Fall Records                            New Martinsville,         Ohio River, Mile 128.5–129.5 (West Virginia).
                                                                                                           Challenge.                                                               WV.
                                                 1 day—One weekend, last half of Sep-                    Harbor House of Louisville/Ken‘‘Ducky’’ Derby ..                         Louisville, KY ........   Ohio River, Mile 602.0–604.0 (Kentucky).
                                                   tember.
                                                 1 day—July 4th ......................................   Wellsburg 4th of July Committee/Wellsburg 4th                            Wellsburg, WV .....       Ohio River, Mile 73.5–74.5 (West Virginia).
                                                                                                           of July Fireworks.
                                                 1 day—One weekend, last half of Sep-                    Harbor House of Louisville/Ken‘‘Ducky’’ Derby ..                         Louisville, KY ........   Ohio River, Mile 602.0–604.0 (Kentucky).
                                                   tember.
                                                 2 days—First or second weekend in                       State Dock/Cumberland Poker Run ...................                      Jamestown, KY ....        Lake Cumberland (Kentucky).
                                                   September.



                                                    The effect of this proposed rule would                                  alternatives and, if regulation is                                          Accordingly, the Office of Management
                                                 be to restrict general navigation during                                   necessary, to select regulatory                                             and Budget (OMB) has not reviewed it.
                                                 these events. Vessels intending to transit                                 approaches that maximize net benefits                                          As this rule is not a significant
                                                 the designated waterway through the                                        including potential economic,                                               regulatory action, this rule is exempt
                                                 special local regulations will only be                                     environmental, public health and safety                                     from the requirements of Executive
                                                 allowed to transit the area when the                                       effects, distributive impacts, and equity.                                  Order 13771. See OMB’s Memorandum
                                                 COTP Ohio Valley, or designated                                            E.O.13563 emphasizes the importance                                         titled ‘‘Interim Guidance Implementing
                                                 representative, has deemed it safe to do                                   of quantifying both costs and benefits, of                                  Section 2 of the Executive Order of
                                                 so or at the completion of the event.                                      reducing costs, of harmonizing rules,                                       January 30, 2017 titled ‘Reducing
                                                 IV. Regulatory Analyses                                                    and of promoting flexibility. Executive                                     Regulation and Controlling Regulatory
                                                                                                                            Order 13771 (‘‘Reducing Regulation and                                      Costs’ ’’ (February 2, 2017).
                                                   We developed this proposed rule after                                    Controlling Regulatory Costs’’), directs                                       The Coast Guard expects the
                                                 considering numerous statutes and                                          agencies to reduce regulation and                                           economic impact of this proposed rule
                                                 executive orders (E.O.s) related to                                        control regulatory costs and provides                                       to be minimal, and therefore a full
                                                 rulemaking. Below we summarize our                                         that ‘‘for every one new regulation                                         regulatory evaluation is unnecessary.
                                                 analyses based on a number of these                                        issued, at least two prior regulations be                                   This proposed rule establishes special
                                                 statutes and E.O.s, and we discuss First
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                                                                                                                            identified for elimination, and that the                                    local regulations limiting access to
                                                 Amendment rights of protestors.                                                                                                                        certain areas under 33 CFR part 100
                                                                                                                            cost of planned regulations be prudently
                                                 A. Regulatory Planning and Review                                          managed and controlled through a                                            within Sector Ohio Valley’s AOR. The
                                                                                                                            budgeting process.’’                                                        effect of this proposed rulemaking will
                                                   E.O.s 12866 (‘‘Regulatory Planning                                                                                                                   not be significant because these special
                                                 and Review’’) and 13563 (‘‘Improving                                          The Office of Management and Budget                                      local regulations are limited in scope
                                                 Regulation and Regulatory Review’’)                                        (OMB) has not designated this rule a                                        and duration. Additionally, the public is
                                                 direct agencies to assess the costs and                                    significant regulatory action under                                         given advance notification through local
                                                 benefits of available regulatory                                           section 3(f) of Executive Order 12866.                                      forms of notice, the Federal Register,


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                                                 15176                   Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Proposed Rules

                                                 and/or Notices of Enforcement and thus                  compliance with, Federal regulations to               F. Environment
                                                 will be able to plan operations around                  the Small Business and Agriculture                      We have analyzed this proposed rule
                                                 the special local regulations in advance.               Regulatory Enforcement Ombudsman                      under Department of Homeland
                                                 Deviation from the special local                        and the Regional Small Business                       Security Management Directive 023–01
                                                 regulations established through this                    Regulatory Fairness Boards. The                       and Commandant Instruction
                                                 proposed rulemaking may be requested                    Ombudsman evaluates these actions                     M16475.lD, which guide the Coast
                                                 from the appropriate COTP and requests                  annually and rates each agency’s                      Guard in complying with the National
                                                 will be considered on a case-by-case                    responsiveness to small business. If you              Environmental Policy Act of 1969
                                                 basis. Broadcast Notices to Mariners and                wish to comment on actions by                         (NEPA)(42 U.S.C. 4321–4370f), and
                                                 Local Notices to Mariners will also                     employees of the Coast Guard, call 1–                 have made a preliminary determination
                                                 inform the community of these special                   888–REG–FAIR (1–888–734–3247). The                    that this action is one of a category of
                                                 local regulations so that they may plan                 Coast Guard will not retaliate against                actions that do not individually or
                                                 accordingly for these short restrictions                small entities that question or complain              cumulatively have a significant effect on
                                                 on transit. Vessel traffic may request                  about this proposed rule or any policy                the human environment. This rule is
                                                 permission from the COTP Ohio Valley                    or action of the Coast Guard.                         categorically excluded under section
                                                 or a designated representative to enter
                                                 the restricted area.                                    C. Collection of Information                          2.B.2, figure 2–1, paragraph (34)(h) of
                                                                                                                                                               the Instruction because it involves
                                                 B. Impact on Small Entities                               This proposed rule will not call for a              establishment of special local
                                                                                                         new collection of information under the               regulations related to marine event
                                                    The Regulatory Flexibility Act of 1980               Paperwork Reduction Act of 1995 (44
                                                 (RFA), 5 U.S.C. 601–612, as amended,                                                                          permits for marine parades, regattas,
                                                                                                         U.S.C. 3501–3520.).                                   and other marine events. We seek any
                                                 requires federal agencies to consider the
                                                 potential impact of regulations on small                D. Federalism and Indian Tribal                       comments or information that may lead
                                                 entities during rulemaking. The term                    Governments                                           to the discovery of a significant
                                                 ‘‘small entities’’ comprises small                                                                            environmental impact from this
                                                                                                            A rule has implications for federalism             proposed rule.
                                                 businesses, not-for-profit organizations
                                                                                                         under E.O. 13132, Federalism, if it has
                                                 that are independently owned and                                                                              G. Protest Activities
                                                                                                         a substantial direct effect on the States,
                                                 operated and are not dominant in their
                                                                                                         on the relationship between the national                The Coast Guard respects the First
                                                 fields, and governmental jurisdictions
                                                                                                         government and the States, or on the                  Amendment rights of protesters.
                                                 with populations of less than 50,000.
                                                                                                         distribution of power and                             Protesters are asked to contact the
                                                 The Coast Guard certifies under 5 U.S.C.
                                                                                                         responsibilities among the various                    person listed in the FOR FURTHER
                                                 605(b) that this proposed rule would not
                                                                                                         levels of government. We have analyzed                INFORMATION CONTACT section to
                                                 have a significant economic impact on
                                                 a substantial number of small entities.                 this rule under that Order and have                   coordinate protest activities so that your
                                                    This proposed rule would affect the                  determined that it is consistent with the             message can be received without
                                                 following entities, some of which may                   fundamental federalism principles and                 jeopardizing the safety or security of
                                                 be small entities: The owners or                        preemption requirements described in                  people, places or vessels.
                                                 operators of vessels intending to transit               E.O. 13132.
                                                                                                            Also, this rule does not have tribal               V. Public Participation and Request for
                                                 the special local regulation areas during                                                                     Comments
                                                 periods of enforcement. The special                     implications under E.O. 13175,
                                                 local regulations would not have a                      Consultation and Coordination with                       We view public participation as
                                                 significant economic impact on a                        Indian Tribal Governments, because it                 essential to effective rulemaking, and
                                                 substantial number of small entities                    does not have a substantial direct effect             will consider all comments and material
                                                 because they are limited in scope and                   on one or more Indian tribes, on the                  received during the comment period.
                                                 will be in effect for short periods of                  relationship between the Federal                      Your comment can help shape the
                                                 time. Before the enforcement period, the                Government and Indian tribes, or on the               outcome of this rulemaking. If you
                                                 Coast Guard COTP will issue maritime                    distribution of power and                             submit a comment, please include the
                                                 advisories widely available to waterway                 responsibilities between the Federal                  docket number for this rulemaking,
                                                 users. Deviation from the special local                 Government and Indian tribes. If you                  indicate the specific section of this
                                                 regulations established through this                    believe this rule has implications for                document to which each comment
                                                 proposed rulemaking may be requested                    federalism or Indian tribes, please                   applies, and provide a reason for each
                                                 from the appropriate COTP and requests                  contact the person listed in the FOR                  suggestion or recommendation.
                                                 will be considered on a case-by-case                    FURTHER INFORMATION CONTACT section                      We encourage you to submit
                                                 basis.                                                  above.                                                comments through the Federal
                                                    Under section 213(a) of the Small                                                                          eRulemaking Portal at http://
                                                                                                         E. Unfunded Mandates Reform Act
                                                 Business Regulatory Enforcement                                                                               www.regulations.gov. If your material
                                                 Fairness Act of 1996 (Pub. L. 104–121),                   The Unfunded Mandates Reform Act                    cannot be submitted using http://
                                                 we want to assist small entities in                     of 1995 (2 U.S.C. 1531–1538) requires                 www.regulations.gov, contact the person
                                                 understanding this proposed rule. If the                Federal agencies to assess the effects of             in the FOR FURTHER INFORMATION
                                                 proposed rule would affect your small                   their discretionary regulatory actions. In            CONTACT section of this document for
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                                                 business, organization, or governmental                 particular, the Act addresses actions                 alternate instructions.
                                                 jurisdiction and you have questions                     that may result in the expenditure by a                  We accept anonymous comments. All
                                                 concerning its provisions or options for                State, local, or tribal government, in the            comments received will be posted
                                                 compliance, please contact the person                   aggregate, or by the private sector of                without change to http://
                                                 listed in the FOR FURTHER INFORMATION                   $100,000,000 (adjusted for inflation) or              www.regulations.gov and will include
                                                 CONTACT section.                                        more in any one year. Though this rule                any personal information you have
                                                    Small businesses may send comments                   will not result in such an expenditure,               provided. For more about privacy and
                                                 on the actions of Federal employees                     we do discuss the effects of this rule                the docket, you may review a Privacy
                                                 who enforce, or otherwise determine                     elsewhere in this preamble.                           Act notice regarding the Federal Docket


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                                                                               Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Proposed Rules                                                                               15177

                                                 Management System in the March 24,                                   when comments are posted or a final                                  PART 100—SAFETY OF LIFE ON
                                                 2005, issue of the Federal Register (70                              rule is published.                                                   NAVIGABLE WATERWAYS
                                                 FR 15086).
                                                                                                                      List of Subjects in 33 CFR Part 100                                  ■ 1. The authority citation for part 100
                                                   Documents mentioned in this NPRM
                                                                                                                        Marine safety, Navigation (water),                                 continues to read as follows:
                                                 as being available in the docket, and all
                                                 public comments, will be in our online                               Reporting and recordkeeping                                              Authority: 33 U.S.C. 1233.
                                                 docket at http://www.regulations.gov                                 requirements, and Waterways.                                         ■ 2. Amend § 100.801 to revise table 1
                                                 and can be viewed by following that                                                                                                       to read as follows:
                                                                                                                        For the reasons discussed in the
                                                 Web site’s instructions. Additionally, if                            preamble, the U.S. Coast Guard                                       § 100.801 Annual Marine Events in Sector
                                                 you go to the online docket and sign up                              proposes to amend 33 CFR part 100 as                                 Ohio Valley’s AOR.
                                                 for email alerts, you will be notified                               follows:                                                             *       *       *      *      *


                                                                                                                                                                         Ohio Valley
                                                                      Date                                                Event/sponsor                                                                         Regulated area
                                                                                                                                                                          location

                                                 1. The first Saturday in April ..................   University of Charleston Rowing/West Virginia                   Charleston, WV ....       Kanawha River, Mile 59.9–61.4 (West Virginia).
                                                                                                       Governor’s Cup Regatta.
                                                 2. 1 day—During the last week of April              Kentucky Derby Festival/Belle of Louisville Op-                 Louisville, KY ........   Ohio River, Mile 596.0–604.3 (Kentucky).
                                                   or first week of May.                               erating Board/Great Steamboat Race.
                                                 3. 1 day—Third or fourth weekend in                 REV3/REV3 Triathlon .........................................   Knoxville, TN ........    Tennessee River, Mile 646.0–649.0 (Tennessee).
                                                   May.
                                                 4. 1 day—Third weekend in May ...........           World Triathlon Corporation/IRONMAN 70.3 .....                  Chattanooga, TN ..        Tennessee River, Mile 463.0–466.0 (Tennessee).
                                                 5. 1 day—second weekend in June .......             Chattanooga Parks and Rec/Chattanooga River                     Chattanooga, TN ..        Tennessee River, Mile 464.0–469.0 (Tennessee).
                                                                                                       Rats Open Water Swim.
                                                 6. 1 day—Third or fourth weekend in                 Greater Morgantown Convention and Visitors                      Morgantown, WV ..         Monongahela River, Mile 101.0–102.0 (West Vir-
                                                   June.                                               Bureau/Mountaineer Triathlon.                                                             ginia).
                                                 7. 2 days—First weekend of June .........           Kentucky Drag Boat Association ........................         Pisgah Bay, KY ....       Tennessee River, Mile 30.0 (Kentucky).
                                                 8. 1 day—One of the first two weekends              Green Umbrella/Ohio River Paddlefest ..............             Cincinnati, OH ......     Ohio River, Mile 459.5–470.2 (Ohio and Kentucky).
                                                   in August.
                                                 9. 1 day—Fourth or fifth Sunday in Sep-             Green Umbrella/Great Ohio River Swim ............               Cincinnati, OH ......     Ohio River, Mile 469.8–470.2 (Ohio and Kentucky).
                                                   tember.
                                                 10. 1 day—One of the last two week-                 Ohio River Open Water Swim ............................         Prospect, KY ........     Ohio River, Mile 588.0–590.0 9 (Kentucky).
                                                   ends in September.
                                                 11. 2 days—Second or third weekend in               Louisville Dragon Boat Festival ..........................      Louisville, KY ........   Ohio River, Mile 603.0–603.5 (Kentucky).
                                                   September.
                                                 12. 1 day—Third or fourth Sunday of                 Tucson Racing/Cincinnati Triathlon ....................         Cincinnati, OH ......     Ohio River, Mile 469.3–470.2 (Ohio).
                                                   July.
                                                 13. 2 days—First weekend of July .........          Kentucky Drag Boat Association ........................         Pisgah Bay, KY ....       Tennessee River, Mile 30.0 (Kentucky).
                                                 14. 1 day—Second weekend in July .....              Bradley Dean/Renaissance Man Triathlon .........                Florence, AL .........    Tennessee River, Mile 255.0–257.0 (Alabama).
                                                 15. 3 days—One of the first two week-               Madison Regatta, Inc./Madison Regatta ............              Madison, IN ..........    Ohio River, Mile 555.0–560.0 (Indiana).
                                                   ends in July.
                                                 16. 1 day—One of the last three week-               Louisville Race the Bridge Triathlon ...................        Louisville, KY ........   Ohio River, Mile 601.5–603.0 (Kentucky).
                                                   ends in June.
                                                 17. 1 day—Fourth weekend in June ......             Team Magic/Chattanooga Waterfront Triathlon ..                  Chattanooga, TN ..        Tennessee River, Mile 463.0–465.0 (Tennessee).
                                                 18. 1 day—Fourth weekend in July .......            Team Magic/Music City Triathlon .......................         Nashville, TN ........    Cumberland River, Mile 190.0–192.0 (Tennessee).
                                                 19. 2 days—Last two weeks in July or                Friends of the Riverfront Inc./Pittsburgh                       Pittsburgh, PA ......     Allegheny River, Mile 0.0–1.5 (Pennsylvania).
                                                   first three weeks of August.                        Triathlon and Adventure Races.
                                                 20. 3 days—First week of August ..........          EQT Pittsburgh Three Rivers Regatta ................            Pittsburgh, PA ......     Ohio River, Mile 0.0–0.5, Allegheny River, Mile
                                                                                                                                                                                                 0.0–0.6, and Monongahela River, Mile 0.0–0.5
                                                                                                                                                                                                 (Pennsylvania).
                                                 21. 2 days—First weekend of August ....             Kentucky Drag Boat Association ........................         Pisgah Bay, KY ....       Tennessee River, Mile 30.0 (Kentucky).
                                                 22. 2 days—One of the last two week-                Captain Quarters Regatta ...................................    Louisville, KY ........   Ohio River, Mile 595.0–597.0 (Kentucky).
                                                   ends in September.
                                                 23. 2 days—Second or third weekend in               Norton Healthcare/Ironman Triathlon .................           Louisville, KY ........   Ohio River, Mile 601.5–604.5 (Kentucky).
                                                   October.
                                                 24. 2 days—Third full weekend (Satur-               Ohio County Tourism/Rising Sun Boat Races ...                   Rising Sun, IN ......     Ohio River, Mile 504.0–508.0 (Indiana and Ken-
                                                   day and Sunday) in August.                                                                                                                    tucky).
                                                 25. 1 day—Last weekend in August ......             Tennessee Clean Water Network/Downtown                          Knoxville, TN ........    Tennessee River, Mile 647.0–649.0 (Tennessee).
                                                                                                       Dragon Boat Races.
                                                 26. 3 days—Third weekend in August ...              Governors’ Cup/UWP–IJSBA National Cham-                         Charleston, WV ....       Kanawha River, Mile 56.7–57.6 (West Virginia).
                                                                                                       pionships.
                                                 27. 2 days—Fourth weekend in July .....             Herd Racing LLC/Huntington Classic .................            Huntington, WV ....       Ohio River, Mile 307.3–309.3 (West Virginia).
                                                 28. 2 days—Labor Day weekend ...........            Wheeling Vintage Race Boat Association Ohio/                    Wheeling, WV ......       Ohio River, Mile 090.4–091.5 (West Virginia).
                                                                                                       Wheeling Vintage Regatta.
                                                 29. 2 days—weekend before Labor Day                 SUP3Rivers The Southside Outside ..................             Pittsburgh, PA ......     Monongahela River, Mile 0.0–3.09 Allegheny River
                                                                                                                                                                                                 Mile 0.0–0.25 (Pennsylvania).
                                                 30. 1 day—Saturday before Labor Day                 Wheeling Dragon Boat Race ..............................        Wheeling, WV ......       Ohio River, Mile 90.4–91.5 (West Virginia).
                                                 31. 1 day—First or second weekend in                Cumberland River Compact/Cumberland River                       Nashville, TN ........    Cumberland River, Mile 190.0–192.0 (Tennessee).
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                                                   September.                                          Dragon Boat Festival.
                                                 32. 2 days—First or second weekend in               State Dock/Cumberland Poker Run ...................             Jamestown, KY ....        Lake Cumberland (Kentucky).
                                                   September.
                                                 33. 3 days—First or second weekend in               Sailing for a Cure Foundation/SFAC Fleur de                     Louisville, KY ........   Ohio River, Mile 601.0–604.0 (Kentucky).
                                                   September.                                          Lis Regatta.
                                                 34. 1 day—Last weekend in September                 World Triathlon Corporation/IRONMAN Chat-                       Chattanooga, TN ..        Tennessee River, Mile 463.0–467.0 (Tennessee).
                                                                                                       tanooga.
                                                 35. 1 day—Second weekend in Sep-                    City of Clarksville/Clarksville Riverfest Card-                 Clarksville, TN ......    Cumberland River, Mile 125.0–126.0 (Tennessee).
                                                   tember.                                             board Boat Regatta.
                                                 36. 2 days—First weekend of October ..              Three Rivers Rowing Association/Head of the                     Pittsburgh, PA ......     Allegheny River, Mile 0.0–4.0 (Pennsylvania).
                                                                                                       Ohio Regatta.



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                                                 15178                         Federal Register / Vol. 82, No. 57 / Monday, March 27, 2017 / Proposed Rules



                                                                                                                                                                                  Ohio Valley
                                                                      Date                                                   Event/sponsor                                                                               Regulated area
                                                                                                                                                                                   location

                                                 37. 1 day—First or second weekend in                Lookout Rowing Club/Chattanooga Head Race                                Chattanooga, TN ..        Tennessee River, Mile 464.0–467.0 (Tennessee).
                                                   October.
                                                 38. 1 day—Third weekend in November                 TREC–RACE/Pangorge ......................................                Chattanooga, TN ..        Tennessee River, Mile 444.0–455.0 (Tennessee).
                                                 39. 3 days—First weekend in November                Atlanta Rowing Club/Head of the Hooch Rowing                             Chattanooga, TN ..        Tennessee River, Mile 464.0–467.0 (Tennessee).
                                                                                                       Regatta.
                                                 40. One Saturday in June or July ..........         Paducah Summer Festival/Cross River Swim ....                            Paducah, KY ........      Ohio River, Mile 934–936 (Kentucky).
                                                 41. 1 day—During the last weekend in                Louisville Metro Government/Mayor’s Healthy                              Louisville, KY ........   Ohio River, Mile 602.0–603.5 (Kentucky).
                                                   May.                                                Hometown Subway Fresh Fit, Hike, Bike and
                                                                                                       Paddle.
                                                 42. 3 days—One of the last three week-              Hadi Shrine/Evansville Shriners Festival ............                    Evansville, IN .......    Ohio River, Mile 791.0–795.0 (Indiana).
                                                   ends in June.
                                                 43. 1 day—Second or third Saturday in               Allegheny Mountain LMSC/Search for Monongy                               Pittsburgh, PA ......     Allegheny River, Mile 0.0–0.6 (Pennsylvania).
                                                   July.
                                                 44. 1 day—During the first week of July             Evansville Freedom Celebration/4th of July                               Evansville, IN .......    Ohio River, Mile 791.0–796.0 (Indiana).
                                                                                                       Freedom Celebration.
                                                 45. 1 day—First weekend in September                Louisville Metro Government/Mayor’s Healthy                              Louisville, KY ........   Ohio River, Mile 602.0–603.5 (Kentucky).
                                                                                                       Hometown Subway Fresh Fit, Hike, Bike and
                                                                                                       Paddle.
                                                 46. 2 days—One of the last three week-              Dare to Care/KFC Mayor’s Cup Paddle Sports                               Louisville, KY ........   Ohio River, Mile 601.0–604.0 (Kentucky).
                                                   ends in July.                                       Races/Voyageur Canoe World Champion-
                                                                                                       ships.
                                                 47. 3 days—Fourth weekend in August                 Kentucky Drag Boat Association/Thunder on the                            Livermore, KY ......      Green River, Mile 70.0–71.5 (Kentucky).
                                                                                                       Green.
                                                 48. 1 day—Fourth weekend in August ..               Team Rocket Tri-Club/Rocketman Triathlon ......                          Huntsville, AL .......    Tennessee River, Mile 333.0–334.5 (Alabama).
                                                 49. 3 days—One of the last three week-              Hadi Shrine/Owensboro Air Show ......................                    Owensboro, KY ....        Ohio River, Mile 755.0–759.0 (Kentucky).
                                                   ends in September or first weekend in
                                                   October.
                                                 50. 1 day—First Sunday in August ........           HealthyHuntington.org/St.      Marys           Tri-state                 Huntington, WV ....       Ohio River, Mile 307.3–308.3 (West Virginia).
                                                                                                       Triathlon.
                                                 51. 2 days—First Weekend in August ...              Buckeye      Outboard    Association/Portsmouth                          Portsmouth, OH ...        Ohio River, Mile 355.3–356.7 (Ohio).
                                                                                                       Challenge.
                                                 52. 1 day—Sunday before Labor Day ...               Cincinnati Bell, WEBN, and Proctor and Gam-                              Cincinnati, OH ......     Ohio River, Mile 464.0–476.0 (Kentucky and Ohio)
                                                                                                       ble/Riverfest.                                                                                    and Licking River Mile 0.0–3.0 (Kentucky).
                                                 53. Second Sunday in September .........            Ohio River Sternwheel Festival Committee                                 Marietta, OH .........    Ohio River, Mile 170.5–172.5 (Ohio).
                                                                                                       Sternwheel race reenactment.
                                                 54. Second Saturday in September .......            Parkersburg Paddle Fest ....................................             Parkersburg, WV ..        Ohio River, Mile 184.3–188 (West Virginia).
                                                 55. Three days during the fourth week-              New Martinsville Records and Regatta Chal-                               New Martinsville,         Ohio River, Mile 128–129 (West Virginia).
                                                   end in September.                                   lenge Committee.                                                         WV.
                                                 56. First weekend in July .......................   Eddyville Creek Marina/Thunder Over Eddy Bay                             Eddyville, KY ........    Cumberland River, Mile 46.0–47.0 (Kentucky).
                                                 57. First or second weekend of July ......          Prizer Point Marina/4th of July Celebration ........                     Cadiz, KY .............   Cumberland River, Mile 54.0–55.09 (Kentucky).
                                                 58. 2 days, last weekend in May or first            Visit Knoxville/Racing on the Tennessee ...........                      Knoxville, TN ........    Tennessee River, Mile 647.0–648.0 (Tennessee).
                                                   weekend in June.
                                                 59. 1 day—First or second weekend in                Riverbluff Triathlon ..............................................      Ashland City, TN ..       Cumberland River, Mile 157.0–159.0 (Tennessee).
                                                   August.
                                                 60. 2 days—First weekend in August ....             POWERBOAT NATIONALS—Ravenswood Re-                                       Ravenswood, WV            Ohio River, Mile
                                                                                                       gatta.                                                                                           220.5–221.5 (West Virginia).
                                                 61. 3 days—One of the last three week-              Lawrenceburg Regatta/Whiskey City Regatta ....                           Lawrenceburg, IN          Ohio River, Mile
                                                   ends in June.                                                                                                                                        492.0–496.0 (Indiana).
                                                 62. 2 days—One of the last three week-              Madison Vintage Thunder ...................................              Madison, IN ..........    Ohio River, Mile
                                                   ends in September.                                                                                                                                   557.5–558.5 (Indiana).
                                                 63. 1 day—Fourth weekend in October                 Chattajack ...........................................................   Chattanooga, TN ..        Tennessee River, Mile 463.7–464.5 (Tennessee).
                                                 64. 1 day—Third weekend in March ......             Vanderbilt Invite ..................................................     Nashville, TN ........    Cumberland River, Mile 189.0–192.0 (Tennessee).
                                                 65. 2 days—last weekend in September                Music City Head Race ........................................            Nashville, TN ........    Cumberland River, Mile 190.5–195.0 (Tennessee).
                                                 66. 1 day—Last weekend in July ...........          Music City SUP Race .........................................            Nashville, TN ........    Cumberland River, Mile 190.0–191.5 (Tennessee).
                                                 67. 3 days—Third weekend in June ......             Thunder on the Cumberland ...............................                Nashville, TN ........    Cumberland River, Mile 190.5–194.0 (Tennessee).
                                                 68. 3 days—Second weekend in May ...                ACRA Henley ......................................................       Nashville, TN ........    Cumberland River, Mile 189.0–193.0 (Tennessee).
                                                 69. 2 days—Third weekend in August ...              Kittanning Riverbration Boat Races ....................                  Kittanning, PA ......     Allegheny River, Mile 44.0–45.5 (Pennsylvania).
                                                 70. 2 days—Third Friday and Saturday                Thunder Over Louisville ......................................           Louisville, KY ........   Ohio River, Mile 598.0–603.0 (Kentucky).
                                                   in April.
                                                 71. 3 days—One of the first two week-               Evansville HydroFest ..........................................          Evansville, IN .......    Ohio River, Mile 791.8.0–793.0.
                                                   ends in September.



                                                 *       *        *        *        *                                     Dated: March 21, 2017.
                                                                                                                        M.B. Zamperini,
                                                                                                                        Captain, U.S. Coast Guard, Captain of the
                                                                                                                        Port Ohio Valley.
pmangrum on DSK3GDR082PROD with PROPOSALS




                                                                                                                        [FR Doc. 2017–05989 Filed 3–24–17; 8:45 am]
                                                                                                                        BILLING CODE 9110–04–P




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Document Created: 2017-03-25 00:20:53
Document Modified: 2017-03-25 00:20:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments and related material must be received by the Coast Guard on or before April 26, 2017.
ContactIf you have questions on this proposed rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email [email protected]
FR Citation82 FR 15174 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways

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