82_FR_18467 82 FR 18393 - Special Local Regulation; Ohio River MM 598-602.7, Louisville, KY

82 FR 18393 - Special Local Regulation; Ohio River MM 598-602.7, Louisville, KY

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 74 (April 19, 2017)

Page Range18393-18395
FR Document2017-07882

The Coast Guard is establishing a temporary special local regulation for all navigable waters of the Ohio River miles 598-602.7. This action is necessary to provide for the safety of life on these navigable waters near Louisville, KY, during the Thunder over Louisville Air Show and Fireworks Display. This regulation prohibits vessels from anchoring within the navigation channel and along the left descending bank of the Ohio River from mile 598 to 602.7 as well as establishes a buffer area restricting transit to slowest safe speed creating minimum wake from mile 598 to 602.7.

Federal Register, Volume 82 Issue 74 (Wednesday, April 19, 2017)
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18393-18395]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07882]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0238]
RIN 1625-AA08


Special Local Regulation; Ohio River MM 598-602.7, Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for all navigable waters of the Ohio River miles 598-602.7. 
This action is necessary to provide for the safety of life on these 
navigable waters near Louisville, KY, during the Thunder over 
Louisville Air Show and Fireworks Display. This regulation prohibits 
vessels from anchoring within the navigation channel and along the left 
descending bank of the Ohio River from mile 598 to 602.7 as well as 
establishes a buffer area restricting transit to slowest safe speed 
creating minimum wake from mile 598 to 602.7.

DATES: This rule is effective beginning at 11 a.m. on April 22, 2017 
through 2 a.m. on April 23, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0238 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Caloeb Gandy. U.S. Coast Guard Sector Ohio 
Valley, telephone 502-779-5334, email caloeb.l.gandy@uscg.mil.

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    Thunder over Louisville is an annually recurring marine event 
located on the Ohio River in Louisville, KY. This year's event will be 
taking place on April 21, 22, and 23, 2017. The event sponsor will be 
organizing an air show and conducting a fireworks display launched from 
multiple barges on the Ohio River spanning mile marker 602 to 606.
    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 conducting a large scale air show 
over navigable waters and multiple fireworks displays on navigable 
waters paired with the large number of spectator vessels expected and 
other waterway users in the area poses heightened safety hazards. 
Immediate action is necessary to establish event specific regulations. 
This Special Regulation for Thunder over Louisville is being updated in 
Sector Ohio Valley's 2017 update to its published annually recurring 
marine events. However, that regulation was not completed in time and 
therefore a TFR is now required. It is impracticable to publish a new 
NPRM because the Coast Guard must establish this rule by April 22, 
2017.
    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. The COTP has deemed 
that a safety risk exists due to the large number of spectator vessels 
within close proximity to the large scale air show and fireworks 
display. Providing a full 30 days notice is unnecessary and contrary to 
the public interest as it would delay the effectiveness of the 
temporary special local regulation until after the event. The Coast 
Guard will provide actual notice to the public and maritime community 
that the temporary special local regulation will be in effect and of 
the enforcement period via broadcast notices to mariners.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1233. The Captain of the Port Ohio Valley (COTP) has determined that 
potential hazards associated with the large number of recreational 
vessels in the area during the event will be a safety concern for 
anyone navigating the Ohio River from mile marker 598-602.7. The 
purpose of this rule is to ensure safety of life on the navigable 
waters in the temporary regulated area before, during, and after 
Thunder over Louisville.

IV. Discussion of Comments, Changes, and the Rule

    This rule establishes a temporary special local regulation from 11 
a.m. on April 22, 2017 through 2 a.m. on April 23, 2017. The temporary 
special local regulation will cover all navigable waters of the Ohio 
River from mile marker 598-602.7. The duration of the special local 
regulation is intended to ensure the safety of vessels and these 
navigable waters before, during, and after the scheduled air show and 
fireworks displays. Vessels operating within the regulated area are 
required to maintain the slowest speed possible to maintain 
maneuverability creating minimum wake. In addition, vessels will not be 
permitted to anchor within the navigation channel or along the left 
descending bank of the Ohio River from mile 600 to 602.7.

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

[[Page 18394]]

Executive orders, 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).
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
Recreational vessel traffic will be able to transit this area at a 
minimum wake speed, or the slowest speed possible to maintain 
maneuverability. In addition, recreational vessels are permitted to 
anchor outside the navigation channel along the right descending bank 
from mile 600 to 602.7. The Coast Guard will issue Broadcast Notice to 
Mariners via VHF-FM marine channel 16 about the temporary special local 
regulation that is in place.

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 
special local regulation, may be small entities, for the reasons stated 
in section V. A. above, this rule will not have a significant economic 
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule 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.

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 expenditure, we do discuss the effects of this rule elsewhere in 
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulation lasting less than 24 hours 
that restricts anchorage areas and the speed of vessels transiting the 
area to a no wake speed. It is categorically excluded from further 
review under paragraph 34(h) of Figure 2-1 of the Commandant 
Instruction. A preliminary Record of Environmental Consideration (REC) 
supporting this determination is available in the docket where 
indicated under the ADDRESSES section of this preamble.

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.

[[Page 18395]]

List of Subjects in 33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

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

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.T08-0238 to read as follows:


Sec.  100.T08-0238  Special Local Regulation; Ohio River MM 598.0-
602.7, Louisville, KY.

    (a) Special local regulated area. The following area is a temporary 
special local regulation for all navigable waters of the Ohio River 
between mile 598.0 and mile 602.7 Louisville, KY, extending the entire 
width of the Ohio River.
    (b) Effective dates. This special local regulation is effective 
from 11 a.m. on April 22, 2017 through 2 a.m. on April 23, 2017.
    (c) Special local regulations. (1) Vessels transiting the regulated 
area from mm 598-602.7 must do so at the slowest safe speed creating 
minimum wake.
    (2) Vessels are not permitted to anchor within the navigation 
channel or along the left descending bank between mile 600 and mile 
602.7.
    (3) The Coast Guard will patrol the regulated area under the 
direction of a designated Coast Guard Patrol Commander. The Patrol 
Commander may be contacted via VHF-FM radio channel 16 or by phone at 
502-587-8633.
    (4) The Patrol Commander may forbid and control the movement of all 
vessels in the regulated area. When hailed or signaled by an official 
patrol vessel, a vessel shall come to an immediate stop and comply with 
the directions given. Failure to do so may result in expulsion from the 
area, citation for failure to comply, or both.
    (5) The Patrol Commander may terminate the event or the operation 
of any vessel at any time it is deemed necessary for the protection of 
life or property.
    (d) Informational broadcasts. The COTP Ohio Valley or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the regulated area as well as 
any changes in the planned schedule.

    Dated: April 13, 2017.
M. B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-07882 Filed 4-18-17; 8:45 am]
 BILLING CODE 9110-04-P



                                                                       Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations                                                          18393

                                                XI. Split Shipments ...................................................................................   AES ITN SS.
                                                Split Shipments should be referenced as such on the manifest in ac-                                       Example: AES X20170101987654 SS.
                                                  cordance with provisions contained in § 30.28, Split Shipments. The
                                                  notation should be easily identifiable on the manifest. It is preferable
                                                  to include a reference to a split shipment in the exemption state-
                                                  ments cited in the example, the notation SS should be included at
                                                  the end of the appropriate exemption statement.



                                                Appendices C, E, and F [Removed]                                      I. Table of Abbreviations                                    exists due to the large number of
                                                                                                                      CFR Code of Federal Regulations
                                                                                                                                                                                   spectator vessels within close proximity
                                                ■   23. Remove Appendices C, E, and F.
                                                                                                                      DHS Department of Homeland Security                          to the large scale air show and fireworks
                                                  Dated: April 10, 2017.                                              FR Federal Register                                          display. Providing a full 30 days notice
                                                John H. Thompson,                                                     NPRM Notice of proposed rulemaking                           is unnecessary and contrary to the
                                                Director, Bureau of the Census.                                       § Section                                                    public interest as it would delay the
                                                [FR Doc. 2017–07646 Filed 4–18–17; 8:45 am]                           U.S.C. United States Code                                    effectiveness of the temporary special
                                                BILLING CODE 3510–07–P                                                II. Background Information and                               local regulation until after the event.
                                                                                                                      Regulatory History                                           The Coast Guard will provide actual
                                                                                                                                                                                   notice to the public and maritime
                                                                                                                         Thunder over Louisville is an                             community that the temporary special
                                                DEPARTMENT OF HOMELAND                                                annually recurring marine event located
                                                SECURITY                                                                                                                           local regulation will be in effect and of
                                                                                                                      on the Ohio River in Louisville, KY.                         the enforcement period via broadcast
                                                Coast Guard                                                           This year’s event will be taking place on                    notices to mariners.
                                                                                                                      April 21, 22, and 23, 2017. The event
                                                                                                                      sponsor will be organizing an air show                       III. Legal Authority and Need for Rule
                                                33 CFR Part 100
                                                                                                                      and conducting a fireworks display
                                                [Docket Number USCG–2017–0238]                                                                                                       The Coast Guard is issuing this rule
                                                                                                                      launched from multiple barges on the
                                                                                                                                                                                   under authority in 33 U.S.C. 1233. The
                                                RIN 1625–AA08                                                         Ohio River spanning mile marker 602 to
                                                                                                                                                                                   Captain of the Port Ohio Valley (COTP)
                                                                                                                      606.
                                                                                                                                                                                   has determined that potential hazards
                                                Special Local Regulation; Ohio River                                     The Coast Guard is issuing this
                                                                                                                                                                                   associated with the large number of
                                                MM 598–602.7, Louisville, KY                                          temporary rule without prior notice and
                                                                                                                                                                                   recreational vessels in the area during
                                                                                                                      opportunity to comment pursuant to
                                                AGENCY:       Coast Guard, DHS.                                                                                                    the event will be a safety concern for
                                                                                                                      authority under section 4(a) of the
                                                ACTION:      Temporary final rule.                                                                                                 anyone navigating the Ohio River from
                                                                                                                      Administrative Procedure Act (APA) (5
                                                                                                                                                                                   mile marker 598–602.7. The purpose of
                                                SUMMARY:   The Coast Guard is                                         U.S.C. 553(b)). This provision
                                                                                                                                                                                   this rule is to ensure safety of life on the
                                                establishing a temporary special local                                authorizes an agency to issue a rule
                                                                                                                                                                                   navigable waters in the temporary
                                                regulation for all navigable waters of the                            without prior notice and opportunity to
                                                                                                                                                                                   regulated area before, during, and after
                                                Ohio River miles 598–602.7. This action                               comment when the agency for good
                                                                                                                                                                                   Thunder over Louisville.
                                                is necessary to provide for the safety of                             cause finds that those procedures are
                                                life on these navigable waters near                                   ‘‘impracticable, unnecessary, or contrary                    IV. Discussion of Comments, Changes,
                                                Louisville, KY, during the Thunder over                               to the public interest.’’ Under 5 U.S.C.                     and the Rule
                                                Louisville Air Show and Fireworks                                     553(b)(B), the Coast Guard finds that
                                                                                                                      good cause exists for not publishing a                          This rule establishes a temporary
                                                Display. This regulation prohibits                                                                                                 special local regulation from 11 a.m. on
                                                vessels from anchoring within the                                     notice of proposed rulemaking (NPRM)
                                                                                                                      with respect to this rule because                            April 22, 2017 through 2 a.m. on April
                                                navigation channel and along the left                                                                                              23, 2017. The temporary special local
                                                descending bank of the Ohio River from                                conducting a large scale air show over
                                                                                                                      navigable waters and multiple fireworks                      regulation will cover all navigable
                                                mile 598 to 602.7 as well as establishes                                                                                           waters of the Ohio River from mile
                                                a buffer area restricting transit to                                  displays on navigable waters paired
                                                                                                                      with the large number of spectator                           marker 598–602.7. The duration of the
                                                slowest safe speed creating minimum                                                                                                special local regulation is intended to
                                                wake from mile 598 to 602.7.                                          vessels expected and other waterway
                                                                                                                      users in the area poses heightened safety                    ensure the safety of vessels and these
                                                DATES: This rule is effective beginning at                                                                                         navigable waters before, during, and
                                                                                                                      hazards. Immediate action is necessary
                                                11 a.m. on April 22, 2017 through 2 a.m.                              to establish event specific regulations.                     after the scheduled air show and
                                                on April 23, 2017.                                                    This Special Regulation for Thunder                          fireworks displays. Vessels operating
                                                ADDRESSES: To view documents                                          over Louisville is being updated in                          within the regulated area are required to
                                                mentioned in this preamble as being                                   Sector Ohio Valley’s 2017 update to its                      maintain the slowest speed possible to
                                                available in the docket, go to http://                                published annually recurring marine                          maintain maneuverability creating
                                                www.regulations.gov, type USCG–2017–                                  events. However, that regulation was                         minimum wake. In addition, vessels
                                                0238 in the ‘‘SEARCH’’ box and click                                  not completed in time and therefore a                        will not be permitted to anchor within
                                                ‘‘SEARCH.’’ Click on Open Docket                                      TFR is now required. It is impracticable                     the navigation channel or along the left
                                                Folder on the line associated with this                               to publish a new NPRM because the                            descending bank of the Ohio River from
                                                rule.                                                                 Coast Guard must establish this rule by                      mile 600 to 602.7.
jstallworth on DSK7TPTVN1PROD with RULES




                                                FOR FURTHER INFORMATION CONTACT: If                                   April 22, 2017.                                              V. Regulatory Analyses
                                                you have questions on this rule, call or                                 We are issuing this rule, and under 5
                                                email Petty Officer Caloeb Gandy. U.S.                                U.S.C. 553(d)(3), the Coast Guard finds                        We developed this rule after
                                                Coast Guard Sector Ohio Valley,                                       that good cause exists for making it                         considering numerous statutes and
                                                telephone 502–779–5334, email                                         effective less than 30 days after                            Executive Orders related to rulemaking.
                                                caloeb.l.gandy@uscg.mil.                                              publication in the Federal Register. The                     Below we summarize our analyses
                                                SUPPLEMENTARY INFORMATION:                                            COTP has deemed that a safety risk                           based on a number of these statutes and


                                           VerDate Sep<11>2014       12:38 Apr 18, 2017       Jkt 241001      PO 00000      Frm 00011       Fmt 4700      Sfmt 4700   E:\FR\FM\19APR1.SGM   19APR1


                                                18394            Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations

                                                Executive orders, and we discuss First                  that are independently owned and                      13175, Consultation and Coordination
                                                Amendment rights of protestors.                         operated and are not dominant in their                with Indian Tribal Governments,
                                                                                                        fields, and governmental jurisdictions                because it does not have a substantial
                                                A. Regulatory Planning and Review
                                                                                                        with populations of less than 50,000.                 direct effect on one or more Indian
                                                   E.O.s 12866 (‘‘Regulatory Planning                   The Coast Guard certifies under 5 U.S.C.              tribes, on the relationship between the
                                                and Review’’) and 13563 (‘‘Improving                    605(b) that this rule will not have a                 Federal Government and Indian tribes,
                                                Regulation and Regulatory Review’’)                     significant economic impact on a                      or on the distribution of power and
                                                direct agencies to assess the costs and                 substantial number of small entities.                 responsibilities between the Federal
                                                benefits of available regulatory                           While some owners or operators of                  Government and Indian tribes. If you
                                                alternatives and, if regulation is                      vessels intending to transit the special              believe this rule has implications for
                                                necessary, to select regulatory                         local regulation, may be small entities,
                                                approaches that maximize net benefits                                                                         federalism or Indian tribes, please
                                                                                                        for the reasons stated in section V. A.
                                                including potential economic,                                                                                 contact the person listed in the FOR
                                                                                                        above, this rule will not have a
                                                environmental, public health and safety                                                                       FURTHER INFORMATION CONTACT section.
                                                                                                        significant economic impact on any
                                                effects, distributive impacts, and equity.              vessel owner or operator.                             E. Unfunded Mandates Reform Act
                                                E.O. 13563 emphasizes the importance                       Under section 213(a) of the Small
                                                of quantifying both costs and benefits, of              Business Regulatory Enforcement                         The Unfunded Mandates Reform Act
                                                reducing costs, of harmonizing rules,                   Fairness Act of 1996 (Pub. L. 104–121),               of 1995 (2 U.S.C. 1531–1538) requires
                                                and of promoting flexibility. Executive                 we want to assist small entities in                   Federal agencies to assess the effects of
                                                Order 13771 (‘‘Reducing Regulation and                  understanding this rule. If the rule                  their discretionary regulatory actions. In
                                                Controlling Regulatory Costs’’), directs                would affect your small business,                     particular, the Act addresses actions
                                                agencies to reduce regulation and                       organization, or governmental                         that may result in the expenditure by a
                                                control regulatory costs and provides                   jurisdiction and you have questions                   State, local, or tribal government, in the
                                                that ‘‘for every one new regulation                     concerning its provisions or options for              aggregate, or by the private sector of
                                                issued, at least two prior regulations be               compliance, please contact the person                 $100,000,000 (adjusted for inflation) or
                                                identified for elimination, and that the                listed in the FOR FURTHER INFORMATION                 more in any one year. Though this rule
                                                cost of planned regulations be prudently                CONTACT section.                                      will not result in such expenditure, we
                                                managed and controlled through a                           Small businesses may send comments                 do discuss the effects of this rule
                                                budgeting process.’’                                    on the actions of Federal employees                   elsewhere in this preamble.
                                                   The Office of Management and Budget                  who enforce, or otherwise determine
                                                (OMB) has not designated this rule a                    compliance with, Federal regulations to               F. Environment
                                                significant regulatory action under                     the Small Business and Agriculture
                                                section 3(f) of Executive Order 12866.                  Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                                Accordingly, the Office of Management                   and the Regional Small Business                       Department of Homeland Security
                                                and Budget (OMB) has not reviewed it.                   Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                                   As this rule is not a significant                    Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                                regulatory action, this rule is exempt                  annually and rates each agency’s                      which guide the Coast Guard in
                                                from the requirements of Executive                      responsiveness to small business. If you              complying with the National
                                                Order 13771. See OMB’s Memorandum                       wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                                titled ‘‘Interim Guidance Implementing                  employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                                Section 2 of the Executive Order of                     888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                                January 30, 2017 titled ‘Reducing                       Coast Guard will not retaliate against                category of actions that do not
                                                Regulation and Controlling Regulatory                   small entities that question or complain              individually or cumulatively have a
                                                Costs’’’ (February 2, 2017).                            about this rule or any policy or action               significant effect on the human
                                                   This regulatory action determination                 of the Coast Guard.                                   environment. This rule involves a
                                                is based on the size, location, duration,                                                                     special local regulation lasting less than
                                                and time-of-day of the special local                    C. Collection of Information                          24 hours that restricts anchorage areas
                                                regulation. Recreational vessel traffic                   This rule will not call for a new                   and the speed of vessels transiting the
                                                will be able to transit this area at a                  collection of information under the                   area to a no wake speed. It is
                                                minimum wake speed, or the slowest                      Paperwork Reduction Act of 1995 (44                   categorically excluded from further
                                                speed possible to maintain                              U.S.C. 3501–3520).                                    review under paragraph 34(h) of Figure
                                                maneuverability. In addition,                                                                                 2–1 of the Commandant Instruction. A
                                                recreational vessels are permitted to                   D. Federalism and Indian Tribal
                                                                                                        Governments                                           preliminary Record of Environmental
                                                anchor outside the navigation channel                                                                         Consideration (REC) supporting this
                                                along the right descending bank from                       A rule has implications for federalism             determination is available in the docket
                                                mile 600 to 602.7. The Coast Guard will                 under Executive Order 13132,                          where indicated under the ADDRESSES
                                                issue Broadcast Notice to Mariners via                  Federalism, if it has a substantial direct
                                                                                                                                                              section of this preamble.
                                                VHF–FM marine channel 16 about the                      effect on the States, on the relationship
                                                temporary special local regulation that                 between the national government and                   G. Protest Activities
                                                is in place.                                            the States, or on the distribution of
                                                                                                        power and responsibilities among the                    The Coast Guard respects the First
                                                B. Impact on Small Entities                             various levels of government. We have                 Amendment rights of protesters.
jstallworth on DSK7TPTVN1PROD with RULES




                                                  The Regulatory Flexibility Act of                     analyzed this rule under that Order and               Protesters are asked to contact the
                                                1980, 5 U.S.C. 601–612, as amended,                     have determined that it is consistent                 person listed in the FOR FURTHER
                                                requires Federal agencies to consider                   with the fundamental federalism                       INFORMATION CONTACT section to
                                                the potential impact of regulations on                  principles and preemption requirements                coordinate protest activities so that your
                                                small entities during rulemaking. The                   described in Executive Order 13132.                   message can be received without
                                                term ‘‘small entities’’ comprises small                    Also, this rule does not have tribal               jeopardizing the safety or security of
                                                businesses, not-for-profit organizations                implications under Executive Order                    people, places or vessels.


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                                                                 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations                                        18395

                                                List of Subjects in 33 CFR Part 100                       Dated: April 13, 2017.                              U.S.C.    United States Code
                                                                                                        M. B. Zamperini,                                      II. Background Information and
                                                  Marine safety, Navigation (water),
                                                Reporting and recordkeeping                             Captain, U.S. Coast Guard, Captain of the             Regulatory History
                                                                                                        Port Ohio Valley.
                                                requirements, Waterways.                                                                                         The Coast Guard is issuing this
                                                                                                        [FR Doc. 2017–07882 Filed 4–18–17; 8:45 am]
                                                  For the reasons discussed in the                                                                            temporary rule without prior notice and
                                                                                                        BILLING CODE 9110–04–P
                                                preamble, the Coast Guard amends 33                                                                           opportunity to comment pursuant to
                                                CFR part 100 as follows:                                                                                      authority under section 4(a) of the
                                                                                                        DEPARTMENT OF HOMELAND                                Administrative Procedure Act (APA) (5
                                                PART 100—SAFETY OF LIFE ON                                                                                    U.S.C. 553(b)). This provision
                                                                                                        SECURITY
                                                NAVIGABLE WATERS                                                                                              authorizes an agency to issue a rule
                                                                                                        Coast Guard                                           without prior notice and opportunity to
                                                ■ 1. The authority citation for part 100                                                                      comment when the agency for good
                                                continues to read as follows:                           33 CFR Part 165                                       cause finds that those procedures are
                                                    Authority: 33 U.S.C. 1233.                                                                                ‘‘impracticable, unnecessary, or contrary
                                                                                                        [Docket Number USCG–2017–0313]                        to the public interest.’’ Under 5 U.S.C.
                                                ■ 2. Add § 100.T08–0238 to read as
                                                follows:                                                RIN 1625–AA00                                         553(b)(B), the Coast Guard finds that
                                                                                                                                                              good cause exists for not publishing a
                                                § 100.T08–0238 Special Local Regulation;                Safety Zone; Unexploded Ordnance                      notice of proposed rulemaking (NPRM)
                                                Ohio River MM 598.0–602.7, Louisville, KY.              Detonation; Naval Base Kitsap, Elwood                 with respect to this rule because
                                                  (a) Special local regulated area. The                 Point; Bremerton, WA                                  publishing an NPRM would be
                                                following area is a temporary special                                                                         impracticable as delayed promulgation
                                                                                                        AGENCY:    Coast Guard, DHS.
                                                local regulation for all navigable waters                                                                     may result in injury or damage to the
                                                of the Ohio River between mile 598.0                    ACTION:   Temporary final rule.                       maritime public as a result of the
                                                and mile 602.7 Louisville, KY,                          SUMMARY:   The Coast Guard is                         detonation of ordnance. The Captain of
                                                extending the entire width of the Ohio                  establishing a 500-yard temporary safety              the Port, Sector Puget Sound received
                                                River.                                                  zone on in vicinity of Naval Base Kitsap,             notice of the date of the planned
                                                   (b) Effective dates. This special local              Elwood Point; Bremerton, WA. The                      detonation on April 12, 2017.
                                                regulation is effective from 11 a.m. on                                                                          Under 5 U.S.C. 553(b)(B), the Coast
                                                                                                        safety zone is needed to protect
                                                April 22, 2017 through 2 a.m. on April                                                                        Guard also finds that good cause exists
                                                                                                        personnel, vessels, and the marine
                                                23, 2017.                                                                                                     for making this rule effective less than
                                                                                                        environment from potential hazards
                                                   (c) Special local regulations. (1)                                                                         30 days after publication in the Federal
                                                                                                        created by the unexploded ordnance
                                                Vessels transiting the regulated area                                                                         Register. Delaying the effective date of
                                                                                                        detonation being conducted by the U.S.
                                                from mm 598–602.7 must do so at the                                                                           this rule would be impracticable
                                                                                                        Navy. The safety zone will prohibit any
                                                slowest safe speed creating minimum                                                                           because the danger associated with
                                                                                                        person or vessel from entering or
                                                wake.                                                                                                         detonating ordnance will occur on April
                                                                                                        remaining in the safety zone unless
                                                   (2) Vessels are not permitted to                                                                           19, 2017, and this rule must be effective
                                                                                                        authorized by the Captain of the Port or
                                                anchor within the navigation channel or                                                                       to protect against those hazards on that
                                                                                                        a Designated Representative.
                                                along the left descending bank between                                                                        date.
                                                                                                        DATES: This rule is effective from 8 a.m.
                                                mile 600 and mile 602.7.                                on April 19, 2017 to 8 p.m. on April 20,              III. Legal Authority and Need for Rule
                                                   (3) The Coast Guard will patrol the                  2017. It will only be enforced during                    The Coast Guard is issuing this rule
                                                regulated area under the direction of a                 two periods: from 8 a.m. to 8 p.m. on                 under authority in 33 U.S.C. 1231. The
                                                designated Coast Guard Patrol                           April 19, 2017, and from 8 a.m. to 8                  Captain of the Port, Puget Sound has
                                                Commander. The Patrol Commander                         p.m. on April 20, 2017.                               determined that potential hazards
                                                may be contacted via VHF–FM radio                                                                             associated with the detonation will be a
                                                                                                        ADDRESSES: To view documents
                                                channel 16 or by phone at 502–587–                                                                            safety concern for anyone transiting
                                                                                                        mentioned in this preamble as being
                                                8633.                                                                                                         through the location of the operation.
                                                                                                        available in the docket, go to http://
                                                   (4) The Patrol Commander may forbid                  www.regulations.gov, type USCG–2017–                  This rule is needed to ensure the safety
                                                and control the movement of all vessels                 0313 in the ‘‘SEARCH’’ box and click                  of the maritime public from hazards
                                                in the regulated area. When hailed or                   ‘‘SEARCH.’’ Click on Open Docket                      associated with the unexploded
                                                signaled by an official patrol vessel, a                Folder on the line associated with this               ordnance detonation in the vicinity of
                                                vessel shall come to an immediate stop                  rule.                                                 Naval Base Kitsap, Elwood Point,
                                                and comply with the directions given.                                                                         Bremerton, WA.
                                                                                                        FOR FURTHER INFORMATION CONTACT: If
                                                Failure to do so may result in expulsion
                                                from the area, citation for failure to                  you have questions on this rule, call or              IV. Discussion of the Rule
                                                comply, or both.                                        email CWO Jeffrey Zappen, Waterways
                                                                                                                                                                This rule establishes a temporary
                                                   (5) The Patrol Commander may                         Management Division, U.S. Coast
                                                                                                                                                              safety zone from 8 a.m. on April 19,
                                                terminate the event or the operation of                 Guard; telephone 206–217–6051, email
                                                                                                                                                              2017 to 8 p.m. on April 20, 2017. It will
                                                any vessel at any time it is deemed                     SectorPugetSoundWWM@uscg.mil.
                                                                                                                                                              only be enforced during two periods:
                                                necessary for the protection of life or                 SUPPLEMENTARY INFORMATION:                            From 8 a.m. to 8 p.m. on April 19, 2017,
                                                property.                                               I. Table of Abbreviations                             and from 8 a.m. to 8 p.m. on April 20,
jstallworth on DSK7TPTVN1PROD with RULES




                                                   (d) Informational broadcasts. The                                                                          2017. The safety zone will cover all
                                                COTP Ohio Valley or a designated                        CFR Code of Federal Regulations                       navigable waters within 500 yards of
                                                                                                        DHS Department of Homeland Security
                                                representative will inform the public                   E.O. Executive order
                                                                                                                                                              47°35′30.8″ N. 122°41′11.1″ W., which is
                                                through broadcast notices to mariners of                FR Federal Register                                   located at Point Elwood on Naval Base
                                                the enforcement period for the regulated                NPRM Notice of proposed rulemaking                    Kitsap, located in Ostrich Bay, southern
                                                area as well as any changes in the                      Pub. L. Public Law                                    end of Dyes Inlet. The duration of the
                                                planned schedule.                                       § Section                                             zone is intended to protect personnel,


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Document Created: 2018-11-14 09:43:16
Document Modified: 2018-11-14 09:43:16
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 beginning at 11 a.m. on April 22, 2017 through 2 a.m. on April 23, 2017.
ContactIf you have questions on this rule, call or email Petty Officer Caloeb Gandy. U.S. Coast Guard Sector Ohio Valley, telephone 502-779-5334, email [email protected]
FR Citation82 FR 18393 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (Water); Reporting and Recordkeeping Requirements and Waterways

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