82_FR_18011 82 FR 17940 - Safety Zone; Ohio River Miles 803.5 to 804.5, Henderson, KY

82 FR 17940 - Safety Zone; Ohio River Miles 803.5 to 804.5, Henderson, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 71 (April 14, 2017)

Page Range17940-17942
FR Document2017-07518

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River, surface to bottom, extending from miles 803.5 to 804.5. This temporary safety zone is necessary to provide for the safety of life on these navigable waters near Henderson, KY, during the Henderson Breakfast Lions Club Tri-Fest fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Ohio Valley or a designated representative.

Federal Register, Volume 82 Issue 71 (Friday, April 14, 2017)
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Rules and Regulations]
[Pages 17940-17942]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07518]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0174]
RIN 1625-AA00


Safety Zone; Ohio River Miles 803.5 to 804.5, Henderson, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Ohio River, surface to bottom, extending 
from miles 803.5 to 804.5. This temporary safety zone is necessary to 
provide for the safety of life on these navigable waters near 
Henderson, KY, during the Henderson Breakfast Lions Club Tri-Fest 
fireworks display. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port 
Ohio Valley or a designated representative.

DATES: This rule is effective from 9 p.m. on April 21, 2017, through 
9:30 p.m. on April 22, 2017. This rule will be enforced from 9 p.m. to 
9:30 p.m. on April 21, 2017, unless the fireworks display is postponed 
because of adverse weather, in which case this rule will be enforced 
from 9 p.m. to 9:30 p.m. on April 22, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0174 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
rulemaking, 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
COTP Captain of the Port Ohio Valley
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b). This provision 
authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing a notice of proposed rulemaking (NPRM) 
with respect to this rule because it is impracticable. We lack 
sufficient time to provide a reasonable comment period and then 
consider those comments before issuing the rule. The NPRM process would 
delay the immediate action needed to protect personnel, vessels, and 
the marine environment from potential safety hazards associated with 
the fireworks event. In addition, the fireworks event is being held 
only one weekend later than the currently published date, which had to 
be rescheduled due to a holiday scheduling conflict. Upon receiving 
full details of this event, the Coast Guard determined that a safety 
zone was necessary to protect life and property during a fireworks 
display on or over this navigable waterway.
    We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast 
Guard finds that good cause exists for making it effective less than 30 
days after publication in the Federal Register. Delaying this rule 
would be contrary to public interest of ensuring the safety of 
spectators and vessels during the event. An immediate action is 
necessary to prevent the loss of life and property during the hazards 
created by a fireworks display on or over the waterway. Broadcast 
Notices to Mariners (BNM) and information sharing with the waterway 
users will update mariners of the restrictions, requirements and 
enforcement times during this temporary situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Ohio Valley (COTP) has determined that 
potential hazards associated with the fireworks display on April 21, 
2017 will be a safety concern for all waters of the Ohio River, surface 
to bottom, extending from miles 803.5 to 804.5. The purpose of this 
rule is to ensure safety of life on the navigable waters within the 
temporary zone before, during, and after the Henderson Breakfast Lions 
Club Tri-Fest fireworks display.

IV. Discussion of the Rule

    This rule establishes a safety zone on April 21, 2017, or in the 
case of a rain delay, on April 22, 2017. The safety zone will cover all 
waters of the Ohio River, surface to bottom, extending from miles 803.5 
to 804.5. Transit into and through this restricted area is prohibited 
from 9 p.m. to 9:30 p.m. on April 21, 2017, and, in case of a delay 
because of rain, during the same hours on April 22, 2017. The duration 
of the safety zone is intended to ensure the safety of vessels and 
these navigable waters before, during, and after the scheduled 
fireworks displays. No vessel or person will be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. The COTP may be contacted by telephone at 1-800-253-
7475 or can be reached by VHF-FM channel 16. Public notifications will 
be made to the local maritime community prior to the event through the 
Local Notice to Mariners (LNM), and BNMs.

[[Page 17941]]

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive Orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This rule has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, it has not been reviewed by the Office of Management and 
Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-year of the safety zone. The temporary 
safety zone will only be in effect for approximately 30 minutes. The 
Coast Guard expects minimum adverse impact to mariners from the safety 
zone's activation as the event has been extensively advertised to the 
public. Also, mariners may request authorization from the COTP or the 
designated representatives to transit the safety zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule 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 rule or any policy or 
action of the Coast Guard.

C. Collection of Information

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

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section 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 $165,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a safety zone lasting less than one hour that will 
prohibit entry on all waters of the Ohio River, surface to bottom, 
extending from mile 803.5 to 804.5. It is categorically excluded from 
further review under paragraph 34(g) of Figure 2-1 of the Commandant 
Instruction. An environmental analysis checklist supporting this 
determination and a Categorical Exclusion Determination are available 
in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
Recordkeeping Requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 
6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. Add Sec.  165.T08-0174 to read as follows:

[[Page 17942]]

Sec.  165.T08-0174  Safety zone; Ohio River Miles 803.5 to 804.5, 
Henderson, KY.

    (a) Location. The following area is a temporary safety zone: All 
navigable waters of the Ohio River between mile 803.5 and mile 804.5, 
Henderson, KY, extending the entire width of the Ohio River.
    (b) Enforcement period. This section will be enforced from 9 p.m. 
to 9:30 p.m. on April 21, 2017. In case of a delay because of rain, the 
section will be enforced from 9 p.m. to 9:30 p.m. on April 22, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into the zone described in paragraph (a) of this 
section is prohibited unless specifically authorized by the Captain of 
the Port Ohio Valley (COTP) or designated personnel. Persons or vessels 
desiring to enter into or pass through the zone must request permission 
from the COTP or a designated representative. They may be contacted on 
VHF-FM radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to enter this safety zone, must 
transit at the slowest safe speed and comply with all lawful directions 
issued by the COTP or the designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the regulated area as well as 
any changes in the planned schedule.

    Dated: April 10, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-07518 Filed 4-13-17; 8:45 am]
BILLING CODE 9110-04-P



                                                17940                Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Rules and Regulations

                                                April 28, 2017, Monday through Friday,                  Captain of the Port Ohio Valley or a                  conflict. Upon receiving full details of
                                                24 hours a day.                                         designated representative.                            this event, the Coast Guard determined
                                                   The Chincoteague Channel is used by                  DATES: This rule is effective from 9 p.m.             that a safety zone was necessary to
                                                a variety of vessels including public                   on April 21, 2017, through 9:30 p.m. on               protect life and property during a
                                                vessels, small commercial vessels, tug                  April 22, 2017. This rule will be                     fireworks display on or over this
                                                and barge traffic, and recreational                     enforced from 9 p.m. to 9:30 p.m. on                  navigable waterway.
                                                vessels. The Coast Guard has carefully                  April 21, 2017, unless the fireworks                     We are issuing this rule, and under 5
                                                coordinated the restrictions with                       display is postponed because of adverse               U.S.C. 553(d)(3), the Coast Guard finds
                                                waterway users in publishing this                       weather, in which case this rule will be              that good cause exists for making it
                                                temporary deviation.                                    enforced from 9 p.m. to 9:30 p.m. on                  effective less than 30 days after
                                                   Vessels able to pass through the                     April 22, 2017.                                       publication in the Federal Register.
                                                bridge in the closed-to-navigation                      ADDRESSES: To view documents                          Delaying this rule would be contrary to
                                                position may do so at anytime. The                      mentioned in this preamble as being                   public interest of ensuring the safety of
                                                bridge will not be able to open for                     available in the docket, go to http://                spectators and vessels during the event.
                                                emergencies and there is no immediate                   www.regulations.gov, type USCG–2017–                  An immediate action is necessary to
                                                alternative route for vessels unable to                 0174 in the ‘‘SEARCH’’ box and click                  prevent the loss of life and property
                                                pass through the bridge in the closed                   ‘‘SEARCH.’’ Click on Open Docket                      during the hazards created by a
                                                position. The Coast Guard will also                     Folder on the line associated with this               fireworks display on or over the
                                                inform the users of the waterway                        rule.                                                 waterway. Broadcast Notices to
                                                through our Local Notice and Broadcast
                                                                                                        FOR FURTHER INFORMATION CONTACT: If                   Mariners (BNM) and information
                                                Notices to Mariners of the change in
                                                                                                        you have questions about this                         sharing with the waterway users will
                                                operating schedule for the bridge so that
                                                                                                        rulemaking, call or email Petty Officer               update mariners of the restrictions,
                                                vessel operators can arrange their
                                                                                                        James Robinson, Sector Ohio Valley,                   requirements and enforcement times
                                                transits to minimize any impact caused
                                                                                                        U.S. Coast Guard; telephone 502–779–                  during this temporary situation.
                                                by the temporary deviation.
                                                   In accordance with 33 CFR 117.35(e),                 5347, email James.C.Robinson@
                                                                                                                                                              III. Legal Authority and Need for Rule
                                                the drawbridge must return to its regular               uscg.mil.
                                                operating schedule immediately at the                   SUPPLEMENTARY INFORMATION:                              The Coast Guard is issuing this rule
                                                end of the effective period of this                                                                           under authority in 33 U.S.C. 1231. The
                                                                                                        I. Table of Abbreviations                             Captain of the Port Ohio Valley (COTP)
                                                temporary deviation. This deviation
                                                from the operating regulations is                       CFR Code of Federal Regulations                       has determined that potential hazards
                                                authorized under 33 CFR 117.35.                         COTP Captain of the Port Ohio Valley                  associated with the fireworks display on
                                                                                                        DHS Department of Homeland Security                   April 21, 2017 will be a safety concern
                                                  Dated: April 11, 2017.                                FR Federal Register                                   for all waters of the Ohio River, surface
                                                Hal R. Pitts,                                           NPRM Notice of proposed rulemaking                    to bottom, extending from miles 803.5 to
                                                Bridge Program Manager, Fifth Coast Guard               § Section
                                                                                                        U.S.C. United States Code
                                                                                                                                                              804.5. The purpose of this rule is to
                                                District.
                                                                                                                                                              ensure safety of life on the navigable
                                                [FR Doc. 2017–07599 Filed 4–13–17; 8:45 am]             II. Background Information and                        waters within the temporary zone
                                                BILLING CODE 9110–04–P                                  Regulatory History                                    before, during, and after the Henderson
                                                                                                           The Coast Guard is issuing this                    Breakfast Lions Club Tri-Fest fireworks
                                                                                                        temporary rule without prior notice and               display.
                                                DEPARTMENT OF HOMELAND
                                                SECURITY                                                opportunity to comment pursuant to                    IV. Discussion of the Rule
                                                                                                        authority under section 4(a) of the
                                                Coast Guard                                             Administrative Procedure Act (APA) (5                    This rule establishes a safety zone on
                                                                                                        U.S.C. 553(b). This provision authorizes              April 21, 2017, or in the case of a rain
                                                33 CFR Part 165                                         an agency to issue a rule without prior               delay, on April 22, 2017. The safety
                                                                                                        notice and opportunity to comment                     zone will cover all waters of the Ohio
                                                [Docket Number USCG–2017–0174]                          when the agency for good cause finds                  River, surface to bottom, extending from
                                                                                                        that those procedures are                             miles 803.5 to 804.5. Transit into and
                                                RIN 1625–AA00                                           ‘‘impracticable, unnecessary, or contrary             through this restricted area is prohibited
                                                                                                        to the public interest.’’ Under 5 U.S.C.              from 9 p.m. to 9:30 p.m. on April 21,
                                                Safety Zone; Ohio River Miles 803.5 to
                                                                                                        553(b)(B), the Coast Guard finds that                 2017, and, in case of a delay because of
                                                804.5, Henderson, KY
                                                                                                        good cause exists for not publishing a                rain, during the same hours on April 22,
                                                AGENCY:    Coast Guard, DHS.                            notice of proposed rulemaking (NPRM)                  2017. The duration of the safety zone is
                                                ACTION:   Temporary final rule.                         with respect to this rule because it is               intended to ensure the safety of vessels
                                                                                                        impracticable. We lack sufficient time to             and these navigable waters before,
                                                SUMMARY:    The Coast Guard is                          provide a reasonable comment period                   during, and after the scheduled
                                                establishing a temporary safety zone for                and then consider those comments                      fireworks displays. No vessel or person
                                                all navigable waters of the Ohio River,                 before issuing the rule. The NPRM                     will be permitted to enter the safety
                                                surface to bottom, extending from miles                 process would delay the immediate                     zone without obtaining permission from
                                                803.5 to 804.5. This temporary safety                   action needed to protect personnel,                   the COTP or a designated
jstallworth on DSK7TPTVN1PROD with RULES




                                                zone is necessary to provide for the                    vessels, and the marine environment                   representative. The COTP may be
                                                safety of life on these navigable waters                from potential safety hazards associated              contacted by telephone at 1–800–253–
                                                near Henderson, KY, during the                          with the fireworks event. In addition,                7475 or can be reached by VHF–FM
                                                Henderson Breakfast Lions Club Tri-Fest                 the fireworks event is being held only                channel 16. Public notifications will be
                                                fireworks display. Entry of vessels or                  one weekend later than the currently                  made to the local maritime community
                                                persons into this zone is prohibited                    published date, which had to be                       prior to the event through the Local
                                                unless specifically authorized by the                   rescheduled due to a holiday scheduling               Notice to Mariners (LNM), and BNMs.


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                                                                     Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Rules and Regulations                                         17941

                                                V. Regulatory Analyses                                  would affect your small business,                     particular, the Act addresses actions
                                                  We developed this rule after                          organization, or governmental                         that may result in the expenditure by a
                                                considering numerous statutes and                       jurisdiction and you have questions                   State, local, or tribal government, in the
                                                Executive Orders related to rulemaking.                 concerning its provisions or options for              aggregate, or by the private sector of
                                                Below we summarize our analyses                         compliance, please contact the person                 $165,000,000 (adjusted for inflation) or
                                                based on a number of these statutes and                 listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                                                                        CONTACT section.                                      will not result in such expenditure, we
                                                Executive orders, and we discuss First
                                                                                                           Small businesses may send comments                 do discuss the effects of this rule
                                                Amendment rights of protestors.
                                                                                                        on the actions of Federal employees                   elsewhere in this preamble.
                                                A. Regulatory Planning and Review                       who enforce, or otherwise determine
                                                                                                        compliance with, Federal regulations to               F. Environment
                                                   Executive Orders 12866 and 13563
                                                direct agencies to assess the costs and                 the Small Business and Agriculture                      We have analyzed this rule under
                                                benefits of available regulatory                        Regulatory Enforcement Ombudsman                      Department of Homeland Security
                                                alternatives and, if regulation is                      and the Regional Small Business                       Management Directive 023–01 and
                                                necessary, to select regulatory                         Regulatory Fairness Boards. The                       Commandant Instruction M16475.lD,
                                                approaches that maximize net benefits.                  Ombudsman evaluates these actions                     which guide the Coast Guard in
                                                Executive Order 13563 emphasizes the                    annually and rates each agency’s                      complying with the National
                                                importance of quantifying both costs                    responsiveness to small business. If you              Environmental Policy Act of 1969 (42
                                                and benefits, of reducing costs, of                     wish to comment on actions by                         U.S.C. 4321–4370f), and have
                                                harmonizing rules, and of promoting                     employees of the Coast Guard, call 1–                 determined that this action is one of a
                                                flexibility. This rule has not been                     888–REG–FAIR (1–888–734–3247). The                    category of actions that do not
                                                designated a ‘‘significant regulatory                   Coast Guard will not retaliate against                individually or cumulatively have a
                                                action,’’ under Executive Order 12866.                  small entities that question or complain              significant effect on the human
                                                Accordingly, it has not been reviewed                   about this rule or any policy or action               environment. This rule involves a safety
                                                by the Office of Management and                         of the Coast Guard.                                   zone lasting less than one hour that will
                                                Budget.                                                 C. Collection of Information                          prohibit entry on all waters of the Ohio
                                                   This regulatory action determination                                                                       River, surface to bottom, extending from
                                                                                                          This rule will not call for a new                   mile 803.5 to 804.5. It is categorically
                                                is based on the size, location, duration,               collection of information under the
                                                and time-of-year of the safety zone. The                                                                      excluded from further review under
                                                                                                        Paperwork Reduction Act of 1995 (44                   paragraph 34(g) of Figure 2–1 of the
                                                temporary safety zone will only be in                   U.S.C. 3501–3520).
                                                effect for approximately 30 minutes.                                                                          Commandant Instruction. An
                                                The Coast Guard expects minimum                         D. Federalism and Indian Tribal                       environmental analysis checklist
                                                adverse impact to mariners from the                     Governments                                           supporting this determination and a
                                                safety zone’s activation as the event has                                                                     Categorical Exclusion Determination are
                                                                                                           A rule has implications for federalism
                                                been extensively advertised to the                                                                            available in the docket where indicated
                                                                                                        under Executive Order 13132,
                                                public. Also, mariners may request                                                                            under ADDRESSES.
                                                                                                        Federalism, if it has a substantial direct
                                                authorization from the COTP or the                      effect on the States, on the relationship             G. Protest Activities
                                                designated representatives to transit the               between the national government and
                                                safety zones.                                                                                                   The Coast Guard respects the First
                                                                                                        the States, or on the distribution of
                                                                                                                                                              Amendment rights of protesters.
                                                B. Impact on Small Entities                             power and responsibilities among the
                                                                                                                                                              Protesters are asked to contact the
                                                                                                        various levels of government. We have
                                                   The Regulatory Flexibility Act of                                                                          person listed in the FOR FURTHER
                                                                                                        analyzed this rule under that Order and
                                                1980, 5 U.S.C. 601–612, as amended,                                                                           INFORMATION CONTACT section to
                                                                                                        have determined that it is consistent
                                                requires Federal agencies to consider                                                                         coordinate protest activities so that your
                                                                                                        with the fundamental federalism
                                                the potential impact of regulations on                                                                        message can be received without
                                                                                                        principles and preemption requirements
                                                small entities during rulemaking. The                                                                         jeopardizing the safety or security of
                                                                                                        described in Executive Order 13132.
                                                term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               people, places or vessels.
                                                businesses, not-for-profit organizations                implications under Executive Order                    List of Subjects in 33 CFR Part 165
                                                that are independently owned and                        13175, Consultation and Coordination
                                                operated and are not dominant in their                  with Indian Tribal Governments,                         Harbors, Marine safety, Navigation
                                                fields, and governmental jurisdictions                  because it does not have a substantial                (water), Reporting and Recordkeeping
                                                with populations of less than 50,000.                   direct effect on one or more Indian                   Requirements, Security measures,
                                                The Coast Guard certifies under 5 U.S.C.                tribes, on the relationship between the               Waterways.
                                                605(b) that this rule will not have a                   Federal Government and Indian tribes,                   For the reasons discussed in the
                                                significant economic impact on a                        or on the distribution of power and                   preamble, the Coast Guard amends 33
                                                substantial number of small entities.                   responsibilities between the Federal                  CFR part 165 as follows:
                                                   While some owners or operators of                    Government and Indian tribes. If you
                                                vessels intending to transit the safety                 believe this rule has implications for                PART 165—REGULATED NAVIGATION
                                                zone may be small entities, for the                     federalism or Indian tribes, please                   AREAS AND LIMITED ACCESS AREAS
                                                reasons stated in section V.A above, this               contact the person listed in the FOR
                                                rule will not have a significant                                                                              ■ 1. The authority citation for part 165
                                                                                                        FURTHER INFORMATION CONTACT section
jstallworth on DSK7TPTVN1PROD with RULES




                                                economic impact on any vessel owner                                                                           continues to read as follows:
                                                                                                        above.
                                                or operator.                                                                                                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;
                                                   Under section 213(a) of the Small                    E. Unfunded Mandates Reform Act                       33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                                Business Regulatory Enforcement                           The Unfunded Mandates Reform Act                    Department of Homeland Security Delegation
                                                Fairness Act of 1996 (Pub. L. 104–121),                 of 1995 (2 U.S.C. 1531–1538) requires                 No. 0170.1.
                                                we want to assist small entities in                     Federal agencies to assess the effects of             ■ 2. Add § 165.T08–0174 to read as
                                                understanding this rule. If the rule                    their discretionary regulatory actions. In            follows:


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                                                17942                Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Rules and Regulations

                                                § 165.T08–0174 Safety zone; Ohio River                  into the zone described in paragraph (a)              lawful directions issued by the COTP or
                                                Miles 803.5 to 804.5, Henderson, KY.                    of this section is prohibited unless                  the designated representative.
                                                  (a) Location. The following area is a                 specifically authorized by the Captain of               (d) Informational broadcasts. The
                                                temporary safety zone: All navigable                    the Port Ohio Valley (COTP) or                        COTP or a designated representative
                                                waters of the Ohio River between mile                   designated personnel. Persons or vessels              will inform the public through
                                                803.5 and mile 804.5, Henderson, KY,                    desiring to enter into or pass through                broadcast notices to mariners of the
                                                extending the entire width of the Ohio                  the zone must request permission from                 enforcement period for the regulated
                                                River.                                                  the COTP or a designated                              area as well as any changes in the
                                                  (b) Enforcement period. This section                                                                        planned schedule.
                                                will be enforced from 9 p.m. to 9:30                    representative. They may be contacted
                                                p.m. on April 21, 2017. In case of a                    on VHF–FM radio channel 16 or phone                     Dated: April 10, 2017.
                                                delay because of rain, the section will be              at 1–800–253–7465.                                    M.B. Zamperini,
                                                enforced from 9 p.m. to 9:30 p.m. on                       (2) Persons and vessels permitted to               Captain, U.S. Coast Guard, Captain of the
                                                April 22, 2017.                                         enter this safety zone, must transit at the           Port Ohio Valley.
                                                  (c) Regulations. (1) In accordance with               slowest safe speed and comply with all                [FR Doc. 2017–07518 Filed 4–13–17; 8:45 am]
                                                the general regulations in § 165.23, entry                                                                    BILLING CODE 9110–04–P
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Document Created: 2017-04-14 00:56:17
Document Modified: 2017-04-14 00:56:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 9 p.m. on April 21, 2017, through 9:30 p.m. on April 22, 2017. This rule will be enforced from 9 p.m. to 9:30 p.m. on April 21, 2017, unless the fireworks display is postponed because of adverse weather, in which case this rule will be enforced from 9 p.m. to 9:30 p.m. on April 22, 2017.
ContactIf you have questions about this rulemaking, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5347, email [email protected]
FR Citation82 FR 17940 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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