82_FR_25616 82 FR 25511 - Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update

82 FR 25511 - Special Local Regulations; Sector Ohio Valley Annual and Recurring Special Local Regulations Update

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 105 (June 2, 2017)

Page Range25511-25515
FR Document2017-11473

The Coast Guard is amending and updating its special local regulations relating to recurring marine parades, regattas, and other events that take place in the Coast Guard Sector Ohio Valley area of responsibility (AOR). This rule informs the public of regularly scheduled events that require additional safety measures through the establishing of a special local regulation. Through this rulemaking the current list of recurring special local regulations is updated with revisions, additional events, and removal of events that no longer take place in Sector Ohio Valley's AOR. When these special local regulations are enforced, certain restrictions are placed on marine traffic in specified areas.

Federal Register, Volume 82 Issue 105 (Friday, June 2, 2017) 
[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Rules and Regulations]
[Pages 25511-25515]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11473]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

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


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

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is amending and updating its special local 
regulations relating to recurring marine parades, regattas, and other 
events that take place in the Coast Guard Sector Ohio Valley area of 
responsibility (AOR). This rule informs the public of regularly 
scheduled events that require additional safety measures through the 
establishing of a special local regulation. Through this rulemaking the 
current list of recurring special local regulations is updated with 
revisions, additional events, and removal of events that no longer take 
place in Sector Ohio Valley's AOR. When these special local regulations 
are enforced, certain restrictions are placed on marine traffic in 
specified areas.

DATES: This rule is effective June 2, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0010 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 James Robinson, Sector Ohio Valley, U.S. 
Coast Guard; telephone (502) 779-5347, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background Information and Regulatory History

    The Captain of the Port (COTP) Ohio Valley is establishing, 
amending, and updating its current list of recurring special local 
regulations codified under 33 CFR 100.801 in Table no. 1, for the COTP 
Ohio Valley zone.
    On March 27, 2017, the Coast Guard published a notice of proposed 
rulemaking (NPRM) titled Sector Ohio Valley Annual and Recurring 
Special Local Regulations Update (82 FR 15174). During the comment 
period that ended April 26, 2017, no comments were received.
    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. It would be 
impracticable to provide a full 30-days notice because this rule must 
be effective June 16, 2017.

III. Legal Authority and Need for Rule

    The Coast Guard's authority for establishing a special local 
regulation is contained at 33 U.S.C. 1233. The Coast Guard is amending 
and updating the special local regulations under 33 CFR part 100 to 
include the most up to date list of recurring special local regulations 
for events held on or around navigable waters within the Sector Ohio 
Valley AOR. These events include marine parades, boat races, swim 
events, and others. The current list under 33 CFR 100.801 requires 
amending to provide new information on existing special local 
regulations, include new special local regulations expected to recur 
annually or biannually, and to remove special local regulations that 
are no longer required. Issuing individual regulations for each new 
special local regulation, amendment, or removal of an existing special 
local regulation creates unnecessary administrative costs and burdens. 
This rulemaking reduces administrative overhead and provides the public 
with notice through publication in the Federal Register of the upcoming 
recurring special local regulations.

IV. Discussion of Comments, Changes, and the Rule

    No comments were received. No changes to the proposed rule have 
been made.

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.
    The Coast Guard expects the economic impact of this rule to be 
minimal, and therefore a full regulatory evaluation is unnecessary. 
This rule establishes special local regulations limiting access to 
certain areas under 33 CFR part 100 within Sector Ohio Valley's AOR. 
The effect of this rulemaking will not be significant because these 
special local regulations are limited in scope and duration. 
Additionally, the public is given advance notification through local 
forms of notice, the Federal Register, and/or Notices of Enforcement 
and thus will be able to plan around the special local regulations in 
advance. Deviation from the special local regulations established

[[Page 25512]]

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

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard received 0 comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this rule will not have a significant economic 
impact on a substantial number of small entities.
    This rule will affect the following entities, some of which may be 
small entities: The owners or operators of vessels intending to transit 
the special local regulation areas during periods of enforcement. The 
special local regulations will not have a significant economic impact 
on a substantial number of small entities because they are limited in 
scope and will be in effect for short periods of time. Before the 
enforcement period, the Coast Guard COTP will issue maritime advisories 
widely available to waterway users. Deviation from the special local 
regulations established through this rulemaking may be requested from 
the appropriate COTP and requests will be considered on a case-by-case 
basis.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this 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 an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
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 the establishment of special local regulations related to 
marine event permits for marine parades, regattas, and other marine 
events. It is categorically excluded from further review under 
paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A Record 
of Environmental Consideration (REC) supporting this determination is 
available in the docket where indicated in 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.

List of Subjects in 33 CFR Part 100

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

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

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERWAYS

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

    Authority: 33 U.S.C. 1233.


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


Sec.  100.801  Annual Marine Events in the Eighth Coast Guard District.

* * * * *

[[Page 25513]]



       Table 1 of Sec.   100.801--Ohio Valley Captain of the Port Zone Annual and Recurring Marine Events
----------------------------------------------------------------------------------------------------------------
              Date                   Event/sponsor              Ohio Valley location            Regulated area
----------------------------------------------------------------------------------------------------------------
1. The first Saturday in April..  University of        Charleston, WV.......................  Kanawha River,
                                   Charleston Rowing/                                          Mile 59.9-61.4
                                   West Virginia                                               (West Virginia).
                                   Governor's Cup
                                   Regatta.
2. 1 day--During the last week    Kentucky Derby       Louisville, KY.......................  Ohio River, Mile
 of April or first week of May.    Festival/Belle of                                           596.0-604.3
                                   Louisville                                                  (Kentucky).
                                   Operating Board/
                                   Great Steamboat
                                   Race.
3. 1 day--Third or fourth         REV3/REV3 Triathlon  Knoxville, TN........................  Tennessee River,
 weekend in May.                                                                               Mile 646.0-649.0
                                                                                               (Tennessee).
4. 1 day--Third weekend in May..  World Triathlon      Chattanooga, TN......................  Tennessee River,
                                   Corporation/                                                Mile 463.0-466.0
                                   IRONMAN 70.3.                                               (Tennessee).
5. 1 day--Second weekend in June  Chattanooga Parks    Chattanooga, TN......................  Tennessee River,
                                   and Rec/                                                    Mile 464.0-469.0
                                   Chattanooga River                                           (Tennessee).
                                   Rats Open Water
                                   Swim.
6. 1 day--Third or fourth         Greater Morgantown   Morgantown, WV.......................  Monongahela River,
 weekend in June.                  Convention and                                              Mile 101.0-102.0
                                   Visitors Bureau/                                            (West Virginia).
                                   Mountaineer
                                   Triathlon.
7. 2 days--First weekend of June  Kentucky Drag Boat   Pisgah Bay, KY.......................  Tennessee River,
                                   Association.                                                Mile 30.0
                                                                                               (Kentucky).
8. 1 day--One of the first two    Green Umbrella/Ohio  Cincinnati, OH.......................  Ohio River, Mile
 weekends in August.               River Paddlefest.                                           459.5-470.2 (Ohio
                                                                                               and Kentucky).
9. 1 day--Fourth or fifth Sunday  Green Umbrella/      Cincinnati, OH.......................  Ohio River, Mile
 in September.                     Great Ohio River                                            469.8-470.2 (Ohio
                                   Swim.                                                       and Kentucky).
10. 1 day--One of the last two    Ohio River Open      Prospect, KY.........................  Ohio River, Mile
 weekends in September.            Water Swim.                                                 588.0-590.0 9
                                                                                               (Kentucky).
11. 2 days--Second or third       Louisville Dragon    Louisville, KY.......................  Ohio River, Mile
 weekend in September.             Boat Festival.                                              603.0-603.5
                                                                                               (Kentucky).
12. 1 day--Third or fourth        Tucson Racing/       Cincinnati, OH.......................  Ohio River, Mile
 Sunday of July.                   Cincinnati                                                  469.3-470.2
                                   Triathlon.                                                  (Ohio).
13. 2 days--First weekend of      Kentucky Drag Boat   Pisgah Bay, KY.......................  Tennessee River,
 July.                             Association.                                                Mile 30.0
                                                                                               (Kentucky).
14. 1 day--Second weekend in      Bradley Dean/        Florence, AL.........................  Tennessee River,
 July.                             Renaissance Man                                             Mile 255.0-257.0
                                   Triathlon.                                                  (Alabama).
15. 3 days--One of the first two  Madison Regatta,     Madison, IN..........................  Ohio River, Mile
 weekends in July.                 Inc./Madison                                                555.0-560.0
                                   Regatta.                                                    (Indiana).
16. 1 day--One of the last three  Louisville Race the  Louisville, KY.......................  Ohio River, Mile
 weekends in June.                 Bridge Triathlon.                                           601.5-603.0
                                                                                               (Kentucky).
17. 1 day--Fourth weekend in      Team Magic/          Chattanooga, TN......................  Tennessee River,
 June.                             Chattanooga                                                 Mile 463.0-465.0
                                   Waterfront                                                  (Tennessee).
                                   Triathlon.
18. 1 day--Fourth weekend in      Team Magic/Music     Nashville, TN........................  Cumberland River,
 July.                             City Triathlon.                                             Mile 190.0-192.0
                                                                                               (Tennessee).
19. 2 days--Last two weeks in     Friends of the       Pittsburgh, PA.......................  Allegheny River,
 July or first three weeks of      Riverfront Inc./                                            Mile 0.0-1.5
 August.                           Pittsburgh                                                  (Pennsylvania).
                                   Triathlon and
                                   Adventure Races.
20. 3 days--First week of August  EQT Pittsburgh       Pittsburgh, PA.......................  Ohio River, Mile
                                   Three Rivers                                                0.0-0.5,
                                   Regatta.                                                    Allegheny River,
                                                                                               Mile 0.0-0.6, and
                                                                                               Monongahela
                                                                                               River, Mile 0.0-
                                                                                               0.5
                                                                                               (Pennsylvania).
21. 2 days--First weekend of      Kentucky Drag Boat   Pisgah Bay, KY.......................  Tennessee River,
 August.                           Association.                                                Mile 30.0
                                                                                               (Kentucky).
22. 2 days--One of the last two   Captain Quarters     Louisville, KY.......................  Ohio River, Mile
 weekends in September.            Regatta.                                                    595.0-597.0
                                                                                               (Kentucky).
23. 2 days--Second or third       Norton Healthcare/   Louisville, KY.......................  Ohio River, Mile
 weekend in October.               Ironman Triathlon.                                          601.5-604.5
                                                                                               (Kentucky).
24. 2 days--Third full weekend    Ohio County Tourism/ Rising Sun, IN.......................  Ohio River, Mile
 (Saturday and Sunday) in August.  Rising Sun Boat                                             504.0-508.0
                                   Races.                                                      (Indiana and
                                                                                               Kentucky).
25. 1 day--Last weekend in        Tennessee Clean      Knoxville, TN........................  Tennessee River,
 August.                           Water Network/                                              Mile 647.0-649.0
                                   Downtown Dragon                                             (Tennessee).
                                   Boat Races.
26. 3 days--Third weekend in      Governors' Cup/UWP-  Charleston, WV.......................  Kanawha River,
 August.                           IJSBA National                                              Mile 56.7-57.6
                                   Championships.                                              (West Virginia).
27. 2 days--Fourth weekend in     Herd Racing LLC/     Huntington, WV.......................  Ohio River, Mile
 July.                             Huntington Classic.                                         307.3-309.3 (West
                                                                                               Virginia).
28. 2 days--Labor Day weekend...  Wheeling Vintage     Wheeling, WV.........................  Ohio River, Mile
                                   Race Boat                                                   090.4-091.5 (West
                                   Association Ohio/                                           Virginia).
                                   Wheeling Vintage
                                   Regatta.
29. 2 days--Weekend before Labor  SUP3Rivers The       Pittsburgh, PA.......................  Monongahela River,
 Day.                              Southside Outside.                                          Mile 0.0-3.09
                                                                                               Allegheny River
                                                                                               Mile 0.0-0.25
                                                                                               (Pennsylvania).
30. 1 day--Saturday before Labor  Wheeling Dragon      Wheeling, WV.........................  Ohio River, Mile
 Day.                              Boat Race.                                                  90.4-91.5 (West
                                                                                               Virginia).
31. 1 day--First or second        Cumberland River     Nashville, TN........................  Cumberland River,
 weekend in September.             Compact/Cumberland                                          Mile 190.0-192.0
                                   River Dragon Boat                                           (Tennessee).
                                   Festival.

[[Page 25514]]

 
32. 2 days--First or second       State Dock/          Jamestown, KY........................  Lake Cumberland
 weekend in September.             Cumberland Poker                                            (Kentucky).
                                   Run.
33. 3 days--First or second       Sailing for a Cure   Louisville, KY.......................  Ohio River, Mile
 weekend in September.             Foundation/SFAC                                             601.0-604.0
                                   Fleur de Lis                                                (Kentucky).
                                   Regatta.
34. 1 day--Last weekend in        World Triathlon      Chattanooga, TN......................  Tennessee River,
 September.                        Corporation/                                                Mile 463.0-467.0
                                   IRONMAN                                                     (Tennessee).
                                   Chattanooga.
35. 1 day--Second weekend in      City of Clarksville/ Clarksville, TN......................  Cumberland River,
 September.                        Clarksville                                                 Mile 125.0-126.0
                                   Riverfest                                                   (Tennessee).
                                   Cardboard Boat
                                   Regatta.
36. 2 days--First weekend of      Three Rivers Rowing  Pittsburgh, PA.......................  Allegheny River,
 October.                          Association/Head                                            Mile 0.0-4.0
                                   of the Ohio                                                 (Pennsylvania).
                                   Regatta.
37. 1 day--First or second        Lookout Rowing Club/ Chattanooga, TN......................  Tennessee River,
 weekend in October.               Chattanooga Head                                            Mile 464.0-467.0
                                   Race.                                                       (Tennessee).
38. 1 day--Third weekend in       TREC-RACE/Pangorge.  Chattanooga, TN......................  Tennessee River,
 November.                                                                                     Mile 444.0-455.0
                                                                                               (Tennessee).
39. 3 days--First weekend in      Atlanta Rowing Club/ Chattanooga, TN......................  Tennessee River,
 November.                         Head of the Hooch                                           Mile 464.0-467.0
                                   Rowing Regatta.                                             (Tennessee).
40. One Saturday in June or July  Paducah Summer       Paducah, KY..........................  Ohio River, Mile
                                   Festival/Cross                                              934-936
                                   River Swim.                                                 (Kentucky).
41. 1 day--During the last        Louisville Metro     Louisville, KY.......................  Ohio River, Mile
 weekend in May.                   Government/Mayor's                                          602.0-603.5
                                   Healthy Hometown                                            (Kentucky).
                                   Subway Fresh Fit,
                                   Hike, Bike and
                                   Paddle.
42. 3 days--One of the last       Hadi Shrine/         Evansville, IN.......................  Ohio River, Mile
 three weekends in June.           Evansville                                                  791.0-795.0
                                   Shriners Festival.                                          (Indiana).
43. 1 day--Second or third        Allegheny Mountain   Pittsburgh, PA.......................  Allegheny River,
 Saturday in July.                 LMSC/Search for                                             Mile 0.0-0.6
                                   Monongy.                                                    (Pennsylvania).
44. 1 day--During the first week  Evansville Freedom   Evansville, IN.......................  Ohio River, Mile
 of July.                          Celebration/4th of                                          791.0-796.0
                                   July Freedom                                                (Indiana).
                                   Celebration.
45. 1 day--First weekend in       Louisville Metro     Louisville, KY.......................  Ohio River, Mile
 September.                        Government/Mayor's                                          602.0-603.5
                                   Healthy Hometown                                            (Kentucky).
                                   Subway Fresh Fit,
                                   Hike, Bike and
                                   Paddle.
46. 2 days--One of the last       Dare to Care/KFC     Louisville, KY.......................  Ohio River, Mile
 three weekends in July.           Mayor's Cup Paddle                                          601.0-604.0
                                   Sports Races/                                               (Kentucky).
                                   Voyageur Canoe
                                   World
                                   Championships.
47. 3 days--Fourth weekend in     Kentucky Drag Boat   Livermore, KY........................  Green River, Mile
 August.                           Association/                                                70.0-71.5
                                   Thunder on the                                              (Kentucky).
                                   Green.
48. 1 day--Fourth weekend in      Team Rocket Tri-     Huntsville, AL.......................  Tennessee River,
 August.                           Club/Rocketman                                              Mile 333.0-334.5
                                   Triathlon.                                                  (Alabama).
49. 3 days--One of the last       Hadi Shrine/         Owensboro, KY........................  Ohio River, Mile
 three weekends in September or    Owensboro Air Show.                                         755.0-759.0
 first weekend in October.                                                                     (Kentucky).
50. 1 day--First Sunday in        HealthyHuntington.o  Huntington, WV.......................  Ohio River, Mile
 August.                           rg/St. Marys Tri-                                           307.3-308.3 (West
                                   state Triathlon.                                            Virginia).
51. 2 days--First Weekend in      Buckeye Outboard     Portsmouth, OH.......................  Ohio River, Mile
 August.                           Association/                                                355.3-356.7
                                   Portsmouth                                                  (Ohio).
                                   Challenge.
52. 1 day--Sunday before Labor    Cincinnati Bell,     Cincinnati, OH.......................  Ohio River, Mile
 Day.                              WEBN, and Proctor                                           464.0-476.0
                                   and Gamble/                                                 (Kentucky and
                                   Riverfest.                                                  Ohio) and Licking
                                                                                               River Mile 0.0-
                                                                                               3.0 (Kentucky).
53. Second Sunday in September..  Ohio River           Marietta, OH.........................  Ohio River, Mile
                                   Sternwheel                                                  170.5-172.5
                                   Festival Committee                                          (Ohio).
                                   Sternwheel race
                                   reenactment.
54. Second Saturday in September  Parkesburg Paddle    Parkersburg, WV......................  Ohio River, Mile
                                   Fest.                                                       184.3-188 (West
                                                                                               Virginia).
55. Three days during the fourth  New Martinsville     New Martinsville, WV.................  Ohio River, Mile
 weekend in September.             Records and                                                 128-129 (West
                                   Regatta Challenge                                           Virginia).
                                   Committee.
56. First weekend in July.......  Eddyville Creek      Eddyville, KY........................  Cumberland River,
                                   Marina/Thunder                                              Mile 46.0-47.0
                                   Over Eddy Bay.                                              (Kentucky).
57. First or second weekend of    Prizer Point Marina/ Cadiz, KY............................  Cumberland River,
 July.                             4th of July                                                 Mile 54.0-55.09
                                   Celebration.                                                (Kentucky).
58. 2 days--Last weekend in May   Visit Knoxville/     Knoxville, TN........................  Tennessee River,
 or first weekend in June.         Racing on the                                               Mile 647.0-648.0
                                   Tennessee.                                                  (Tennessee).
59. 1 day--First or second        Riverbluff           Ashland City, TN.....................  Cumberland River,
 weekend in August.                Triathlon.                                                  Mile 157.0-159.0
                                                                                               (Tennessee).
60. 2 days--First weekend in      POWERBOAT            Ravenswood, WV.......................  Ohio River, Mile
 August.                           NATIONALS--Ravensw                                          220.5-221.5 (West
                                   ood Regatta.                                                Virginia).
61. 3 days--One of the last       Lawrenceburg         Lawrenceburg, IN.....................  Ohio River, Mile
 three weekends in June.           Regatta/Whiskey                                             492.0-496.0
                                   City Regatta.                                               (Indiana).
62. 2 days--One of the last       Madison Vintage      Madison, IN..........................  Ohio River, Mile
 three weekends in September.      Thunder.                                                    557.5-558.5
                                                                                               (Indiana).
63. 1 day--Fourth weekend in      Chattajack.........  Chattanooga, TN......................  Tennessee River,
 October.                                                                                      Mile 463.7-464.5
                                                                                               (Tennessee).

[[Page 25515]]

 
64. 1 day--Third weekend in       Vanderbilt Invite..  Nashville, TN........................  Cumberland River,
 March.                                                                                        Mile 189.0-192.0
                                                                                               (Tennessee).
65. 2 days--Last weekend in       Music City Head      Nashville, TN........................  Cumberland River,
 September.                        Race.                                                       Mile 190.5-195.0
                                                                                               (Tennessee).
66. 1 day--Last weekend in July.  Music City SUP Race  Nashville, TN........................  Cumberland River,
                                                                                               Mile 190.0-191.5
                                                                                               (Tennessee).
67. 3 days--Third weekend in      Thunder on the       Nashville, TN........................  Cumberland River,
 June.                             Cumberland.                                                 Mile 190.5-194.0
                                                                                               (Tennessee).
68. 3 days--Second weekend in     ACRA Henley........  Nashville, TN........................  Cumberland River,
 May.                                                                                          Mile 189.0-193.0
                                                                                               (Tennessee).
69. 2 days--Third weekend in      Kittanning           Kittanning, PA.......................  Allegheny River,
 August.                           Riverbration Boat                                           Mile 44.0-45.5
                                   Races.                                                      (Pennsylvania).
70. 2 days--Third Friday and      Thunder Over         Louisville, KY.......................  Ohio River, Mile
 Saturday in April.                Louisville.                                                 598.0-603.0
                                                                                               (Kentucky).
71. 3 days--One of the first two  Evansville           Evansville, IN.......................  Ohio River, Mile
 weekends in September.            HydroFest.                                                  791.8.0-793.0.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: 25 May 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-11473 Filed 6-1-17; 8:45 am]
BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations 25511 consistent with response to flightcrew longer take place in Sector Ohio Valley’s others. The current list under 33 CFR inputs or environmental conditions. AOR. When these special local 100.801 requires amending to provide (1) A minor transient would not regulations are enforced, certain new information on existing special significantly reduce safety margins and restrictions are placed on marine traffic local regulations, include new special would involve flightcrew actions that in specified areas. local regulations expected to recur are well within their capabilities. A DATES: This rule is effective June 2, annually or biannually, and to remove minor transient may involve a slight 2017. special local regulations that are no increase in flightcrew workload or some longer required. Issuing individual physical discomfort to passengers or ADDRESSES: To view documents regulations for each new special local cabin crew. mentioned in this preamble as being regulation, amendment, or removal of (2) A significant transient may lead to available in the docket, go to http:// an existing special local regulation a significant reduction in safety www.regulations.gov, type USCG–2017– creates unnecessary administrative costs margins, an increase in flightcrew 0010 in the ‘‘SEARCH’’ box and click and burdens. This rulemaking reduces workload, discomfort to the flightcrew, ‘‘SEARCH.’’ Click on Open Docket administrative overhead and provides or physical distress to the passengers or Folder on the line associated with this the public with notice through cabin crew, possibly including non-fatal rule. publication in the Federal Register of injuries. Significant transients do not FOR FURTHER INFORMATION CONTACT: If the upcoming recurring special local require—in order to remain within or you have questions on this rule, call or regulations. recover to the normal flight envelope— email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; IV. Discussion of Comments, Changes, any of the following: telephone (502) 779–5347, email and the Rule (i) Exceptional piloting skill, alertness, or strength. James.C.Robinson@uscg.mil. No comments were received. No (ii) Forces applied by the pilot which SUPPLEMENTARY INFORMATION: changes to the proposed rule have been are greater than those specified in made. § 23.143(c). I. Table of Abbreviations V. Regulatory Analyses (iii) Accelerations or attitudes in the CFR Code of Federal Regulations airplane that might result in further DHS Department of Homeland Security We developed this rule after hazard to secured or non-secured FR Federal Register considering numerous statutes and occupants. NPRM Notice of proposed rulemaking Executive orders related to rulemaking. § Section Below we summarize our analyses Issued in Kansas City, Missouri, on May U.S.C. United States Code based on a number of these statutes and 24, 2017. II. Background Information and Executive orders, and we discuss First Wes Ryan, Regulatory History Amendment rights of protestors. Acting Manager, Small Airplane Directorate, Aircraft Certification Service. The Captain of the Port (COTP) Ohio A. Regulatory Planning and Review [FR Doc. 2017–11347 Filed 6–1–17; 8:45 am] Valley is establishing, amending, and Executive Orders 12866 and 13563 BILLING CODE 4910–13–P updating its current list of recurring direct agencies to assess the costs and special local regulations codified under benefits of available regulatory 33 CFR 100.801 in Table no. 1, for the alternatives and, if regulation is DEPARTMENT OF HOMELAND COTP Ohio Valley zone. necessary, to select regulatory SECURITY On March 27, 2017, the Coast Guard approaches that maximize net benefits. published a notice of proposed Executive Order 13563 emphasizes the Coast Guard rulemaking (NPRM) titled Sector Ohio importance of quantifying both costs Valley Annual and Recurring Special and benefits, of reducing costs, of 33 CFR Part 100 Local Regulations Update (82 FR harmonizing rules, and of promoting [Docket Number USCG–2017–0010] 15174). During the comment period that flexibility. This rule has not been ended April 26, 2017, no comments designated a ‘‘significant regulatory RIN 1625–AA08 were received. action,’’ under Executive Order 12866. We are issuing this rule, and under 5 Accordingly, it has not been reviewed Special Local Regulations; Sector Ohio U.S.C. 553(d)(3), the Coast Guard finds by the Office of Management and Valley Annual and Recurring Special that good cause exists for making it Budget. Local Regulations Update The Coast Guard expects the effective less than 30 days after AGENCY: Coast Guard, DHS. publication in the Federal Register. It economic impact of this rule to be ACTION: Final rule. would be impracticable to provide a full minimal, and therefore a full regulatory 30-days notice because this rule must be evaluation is unnecessary. This rule SUMMARY: The Coast Guard is amending effective June 16, 2017. establishes special local regulations and updating its special local limiting access to certain areas under 33 regulations relating to recurring marine III. Legal Authority and Need for Rule CFR part 100 within Sector Ohio parades, regattas, and other events that The Coast Guard’s authority for Valley’s AOR. The effect of this take place in the Coast Guard Sector establishing a special local regulation is rulemaking will not be significant Ohio Valley area of responsibility contained at 33 U.S.C. 1233. The Coast because these special local regulations (AOR). This rule informs the public of Guard is amending and updating the are limited in scope and duration. regularly scheduled events that require special local regulations under 33 CFR Additionally, the public is given nlaroche on DSK30NT082PROD with RULES additional safety measures through the part 100 to include the most up to date advance notification through local forms establishing of a special local regulation. list of recurring special local regulations of notice, the Federal Register, and/or Through this rulemaking the current list for events held on or around navigable Notices of Enforcement and thus will be of recurring special local regulations is waters within the Sector Ohio Valley able to plan around the special local updated with revisions, additional AOR. These events include marine regulations in advance. 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25512 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations through this proposed rulemaking may Small businesses may send comments $100,000,000 (adjusted for inflation) or be requested from the appropriate COTP on the actions of Federal employees more in any one year. Though this rule and requests will be considered on a who enforce, or otherwise determine will not result in such an expenditure, case-by-case basis. Broadcast Notices to compliance with, Federal regulations to we do discuss the effects of this rule Mariners and Local Notices to Mariners the Small Business and Agriculture elsewhere in this preamble. will also inform the community of these Regulatory Enforcement Ombudsman and the Regional Small Business F. Environment special local regulations so that they may plan accordingly for these short Regulatory Fairness Boards. The We have analyzed this rule under restrictions on transit. Vessel traffic may Ombudsman evaluates these actions Department of Homeland Security request permission from the COTP Ohio annually and rates each agency’s Management Directive 023–01 and Valley or a designated representative to responsiveness to small business. If you Commandant Instruction M16475.lD, enter the restricted areas. wish to comment on actions by which guide the Coast Guard in employees of the Coast Guard, call 1– complying with the National B. Impact on Small Entities 888–REG–FAIR (1–888–734–3247). The Environmental Policy Act of 1969 (42 The Regulatory Flexibility Act of Coast Guard will not retaliate against U.S.C. 4321–4370f), and have 1980, 5 U.S.C. 601–612, as amended, small entities that question or complain determined that this action is one of a requires Federal agencies to consider about this rule or any policy or action category of actions that do not of the Coast Guard. individually or cumulatively have a the potential impact of regulations on small entities during rulemaking. The C. Collection of Information significant effect on the human term ‘‘small entities’’ comprises small environment. This rule involves the This rule will not call for a new establishment of special local businesses, not-for-profit organizations collection of information under the that are independently owned and regulations related to marine event Paperwork Reduction Act of 1995 (44 permits for marine parades, regattas, operated and are not dominant in their U.S.C. 3501–3520). fields, and governmental jurisdictions and other marine events. It is with populations of less than 50,000. D. Federalism and Indian Tribal categorically excluded from further The Coast Guard received 0 comments Governments review under paragraph 34(h) of Figure from the Small Business Administration 2–1 of the Commandant Instruction. A A rule has implications for federalism on this rulemaking. The Coast Guard Record of Environmental Consideration under Executive Order 13132, certifies under 5 U.S.C. 605(b) that this (REC) supporting this determination is Federalism, if it has a substantial direct rule will not have a significant available in the docket where indicated effect on the States, on the relationship economic impact on a substantial between the national government and in the ADDRESSES section of this number of small entities. the States, or on the distribution of preamble. This rule will affect the following power and responsibilities among the G. Protest Activities entities, some of which may be small various levels of government. We have The Coast Guard respects the First entities: The owners or operators of analyzed this rule under that Order and Amendment rights of protesters. vessels intending to transit the special have determined that it is consistent Protesters are asked to contact the local regulation areas during periods of with the fundamental federalism person listed in the FOR FURTHER enforcement. The special local principles and preemption requirements INFORMATION CONTACT section to regulations will not have a significant described in Executive Order 13132. Also, this rule does not have tribal coordinate protest activities so that your economic impact on a substantial message can be received without number of small entities because they implications under Executive Order 13175, Consultation and Coordination jeopardizing the safety or security of are limited in scope and will be in effect people, places or vessels. for short periods of time. Before the with Indian Tribal Governments, because it does not have a substantial List of Subjects in 33 CFR Part 100 enforcement period, the Coast Guard direct effect on one or more Indian COTP will issue maritime advisories Marine safety, Navigation (water), tribes, on the relationship between the widely available to waterway users. Reporting and recordkeeping Federal Government and Indian tribes, Deviation from the special local requirements, and Waterways. or on the distribution of power and regulations established through this For the reasons discussed in the responsibilities between the Federal rulemaking may be requested from the preamble, the U.S. Coast Guard amends Government and Indian tribes. If you appropriate COTP and requests will be 33 CFR part 100 as follows: believe this rule has implications for considered on a case-by-case basis. federalism or Indian tribes, please Under section 213(a) of the Small contact the person listed in the FOR PART 100—SAFETY OF LIFE ON Business Regulatory Enforcement FURTHER INFORMATION CONTACT section. NAVIGABLE WATERWAYS Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in E. Unfunded Mandates Reform Act ■ 1. The authority citation for part 100 understanding this rule. If the rule The Unfunded Mandates Reform Act continues to read as follows: would affect your small business, of 1995 (2 U.S.C. 1531–1538) requires Authority: 33 U.S.C. 1233. organization, or governmental Federal agencies to assess the effects of ■ 2. In § 100.801, revise table 1 to read jurisdiction and you have questions their discretionary regulatory actions. In as follows: concerning its provisions or options for particular, the Act addresses actions compliance, please contact the person that may result in the expenditure by a § 100.801 Annual Marine Events in the nlaroche on DSK30NT082PROD with RULES listed in the FOR FURTHER INFORMATION State, local, or tribal government, in the Eighth Coast Guard District. CONTACT section. aggregate, or by the private sector of * * * * * VerDate Sep<11>2014 13:07 Jun 01, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1

Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations 25513 TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS Date Event/sponsor Ohio Valley location Regulated area 1. The first Saturday in April ............. University of Charleston Rowing/ Charleston, WV .................. Kanawha River, Mile 59.9–61.4 West Virginia Governor’s Cup Re- (West Virginia). gatta. 2. 1 day—During the last week of Kentucky Derby Festival/Belle of Louisville, KY ...................... Ohio River, Mile 596.0–604.3 (Ken- April or first week of May. Louisville Operating Board/Great tucky). Steamboat Race. 3. 1 day—Third or fourth weekend in REV3/REV3 Triathlon ...................... Knoxville, TN ...................... Tennessee River, Mile 646.0–649.0 May. (Tennessee). 4. 1 day—Third weekend in May ...... World Triathlon Corporation/ Chattanooga, TN ................ Tennessee River, Mile 463.0–466.0 IRONMAN 70.3. (Tennessee). 5. 1 day—Second weekend in June Chattanooga Parks and Rec/Chat- Chattanooga, TN ................ Tennessee River, Mile 464.0–469.0 tanooga River Rats Open Water (Tennessee). Swim. 6. 1 day—Third or fourth weekend in Greater Morgantown Convention Morgantown, WV ................ Monongahela River, Mile 101.0– June. and Visitors Bureau/Mountaineer 102.0 (West Virginia). Triathlon. 7. 2 days—First weekend of June .... Kentucky Drag Boat Association ..... Pisgah Bay, KY .................. Tennessee River, Mile 30.0 (Ken- tucky). 8. 1 day—One of the first two week- Green Umbrella/Ohio River Cincinnati, OH .................... Ohio River, Mile 459.5–470.2 (Ohio ends in August. Paddlefest. and Kentucky). 9. 1 day—Fourth or fifth Sunday in Green Umbrella/Great Ohio River Cincinnati, OH .................... Ohio River, Mile 469.8–470.2 (Ohio September. Swim. and Kentucky). 10. 1 day—One of the last two Ohio River Open Water Swim ......... Prospect, KY ...................... Ohio River, Mile 588.0–590.0 9 weekends in September. (Kentucky). 11. 2 days—Second or third week- Louisville Dragon Boat Festival ....... Louisville, KY ...................... Ohio River, Mile 603.0–603.5 (Ken- end in September. tucky). 12. 1 day—Third or fourth Sunday of Tucson Racing/Cincinnati Triathlon Cincinnati, OH .................... Ohio River, Mile 469.3–470.2 July. (Ohio). 13. 2 days—First weekend of July ... Kentucky Drag Boat Association ..... Pisgah Bay, KY .................. Tennessee River, Mile 30.0 (Ken- tucky). 14. 1 day—Second weekend in July Bradley Dean/Renaissance Man Florence, AL ....................... Tennessee River, Mile 255.0–257.0 Triathlon. (Alabama). 15. 3 days—One of the first two Madison Regatta, Inc./Madison Re- Madison, IN ........................ Ohio River, Mile 555.0–560.0 (Indi- weekends in July. gatta. ana). 16. 1 day—One of the last three Louisville Race the Bridge Triathlon Louisville, KY ...................... Ohio River, Mile 601.5–603.0 (Ken- weekends in June. tucky). 17. 1 day—Fourth weekend in June Team Magic/Chattanooga Water- Chattanooga, TN ................ Tennessee River, Mile 463.0–465.0 front Triathlon. (Tennessee). 18. 1 day—Fourth weekend in July .. Team Magic/Music City Triathlon .... Nashville, TN ...................... Cumberland River, Mile 190.0– 192.0 (Tennessee). 19. 2 days—Last two weeks in July Friends of the Riverfront Inc./Pitts- Pittsburgh, PA .................... Allegheny River, Mile 0.0–1.5 or first three weeks of August. burgh Triathlon and Adventure (Pennsylvania). Races. 20. 3 days—First week of August .... EQT Pittsburgh Three Rivers Re- Pittsburgh, PA .................... Ohio River, Mile 0.0–0.5, Allegheny gatta. River, Mile 0.0–0.6, and Monongahela River, Mile 0.0–0.5 (Pennsylvania). 21. 2 days—First weekend of August Kentucky Drag Boat Association ..... Pisgah Bay, KY .................. Tennessee River, Mile 30.0 (Ken- tucky). 22. 2 days—One of the last two Captain Quarters Regatta ................ Louisville, KY ...................... Ohio River, Mile 595.0–597.0 (Ken- weekends in September. tucky). 23. 2 days—Second or third week- Norton Healthcare/Ironman Triathlon Louisville, KY ...................... Ohio River, Mile 601.5–604.5 (Ken- end in October. tucky). 24. 2 days—Third full weekend (Sat- Ohio County Tourism/Rising Sun Rising Sun, IN .................... Ohio River, Mile 504.0–508.0 (Indi- urday and Sunday) in August. Boat Races. ana and Kentucky). 25. 1 day—Last weekend in August Tennessee Clean Water Network/ Knoxville, TN ...................... Tennessee River, Mile 647.0–649.0 Downtown Dragon Boat Races. (Tennessee). 26. 3 days—Third weekend in Au- Governors’ Cup/UWP–IJSBA Na- Charleston, WV .................. Kanawha River, Mile 56.7–57.6 gust. tional Championships. (West Virginia). 27. 2 days—Fourth weekend in July Herd Racing LLC/Huntington Classic Huntington, WV .................. Ohio River, Mile 307.3–309.3 (West Virginia). 28. 2 days—Labor Day weekend ..... Wheeling Vintage Race Boat Asso- Wheeling, WV .................... Ohio River, Mile 090.4–091.5 (West ciation Ohio/Wheeling Vintage Virginia). Regatta. 29. 2 days—Weekend before Labor SUP3Rivers The Southside Outside Pittsburgh, PA .................... Monongahela River, Mile 0.0–3.09 nlaroche on DSK30NT082PROD with RULES Day. Allegheny River Mile 0.0–0.25 (Pennsylvania). 30. 1 day—Saturday before Labor Wheeling Dragon Boat Race ........... Wheeling, WV .................... Ohio River, Mile 90.4–91.5 (West Day. Virginia). 31. 1 day—First or second weekend Cumberland River Compact/Cum- Nashville, TN ...................... Cumberland River, Mile 190.0– in September. berland River Dragon Boat Fes- 192.0 (Tennessee). tival. 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25514 Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS— Continued Date Event/sponsor Ohio Valley location Regulated area 32. 2 days—First or second week- State Dock/Cumberland Poker Run Jamestown, KY .................. Lake Cumberland (Kentucky). end in September. 33. 3 days—First or second week- Sailing for a Cure Foundation/SFAC Louisville, KY ...................... Ohio River, Mile 601.0–604.0 (Ken- end in September. Fleur de Lis Regatta. tucky). 34. 1 day—Last weekend in Sep- World Triathlon Corporation/ Chattanooga, TN ................ Tennessee River, Mile 463.0–467.0 tember. IRONMAN Chattanooga. (Tennessee). 35. 1 day—Second weekend in Sep- City of Clarksville/Clarksville Clarksville, TN .................... Cumberland River, Mile 125.0– tember. Riverfest Cardboard Boat Regatta. 126.0 (Tennessee). 36. 2 days—First weekend of Octo- Three Rivers Rowing Association/ Pittsburgh, PA .................... Allegheny River, Mile 0.0–4.0 ber. Head of the Ohio Regatta. (Pennsylvania). 37. 1 day—First or second weekend Lookout Rowing Club/Chattanooga Chattanooga, TN ................ Tennessee River, Mile 464.0–467.0 in October. Head Race. (Tennessee). 38. 1 day—Third weekend in No- TREC–RACE/Pangorge ................... Chattanooga, TN ................ Tennessee River, Mile 444.0–455.0 vember. (Tennessee). 39. 3 days—First weekend in No- Atlanta Rowing Club/Head of the Chattanooga, TN ................ Tennessee River, Mile 464.0–467.0 vember. Hooch Rowing Regatta. (Tennessee). 40. One Saturday in June or July ..... Paducah Summer Festival/Cross Paducah, KY ...................... Ohio River, Mile 934–936 (Ken- River Swim. tucky). 41. 1 day—During the last weekend Louisville Metro Government/May- Louisville, KY ...................... Ohio River, Mile 602.0–603.5 (Ken- in May. or’s Healthy Hometown Subway tucky). Fresh Fit, Hike, Bike and Paddle. 42. 3 days—One of the last three Hadi Shrine/Evansville Shriners Evansville, IN ..................... Ohio River, Mile 791.0–795.0 (Indi- weekends in June. Festival. ana). 43. 1 day—Second or third Saturday Allegheny Mountain LMSC/Search Pittsburgh, PA .................... Allegheny River, Mile 0.0–0.6 in July. for Monongy. (Pennsylvania). 44. 1 day—During the first week of Evansville Freedom Celebration/4th Evansville, IN ..................... Ohio River, Mile 791.0–796.0 (Indi- July. of July Freedom Celebration. ana). 45. 1 day—First weekend in Sep- Louisville Metro Government/May- Louisville, KY ...................... Ohio River, Mile 602.0–603.5 (Ken- tember. or’s Healthy Hometown Subway tucky). Fresh Fit, Hike, Bike and Paddle. 46. 2 days—One of the last three Dare to Care/KFC Mayor’s Cup Louisville, KY ...................... Ohio River, Mile 601.0–604.0 (Ken- weekends in July. Paddle Sports Races/Voyageur tucky). Canoe World Championships. 47. 3 days—Fourth weekend in Au- Kentucky Drag Boat Association/ Livermore, KY .................... Green River, Mile 70.0–71.5 (Ken- gust. Thunder on the Green. tucky). 48. 1 day—Fourth weekend in Au- Team Rocket Tri-Club/Rocketman Huntsville, AL ..................... Tennessee River, Mile 333.0–334.5 gust. Triathlon. (Alabama). 49. 3 days—One of the last three Hadi Shrine/Owensboro Air Show ... Owensboro, KY .................. Ohio River, Mile 755.0–759.0 (Ken- weekends in September or first tucky). weekend in October. 50. 1 day—First Sunday in August ... HealthyHuntington.org/St. Marys Tri- Huntington, WV .................. Ohio River, Mile 307.3–308.3 (West state Triathlon. Virginia). 51. 2 days—First Weekend in Au- Buckeye Outboard Association/ Portsmouth, OH ................. Ohio River, Mile 355.3–356.7 gust. Portsmouth Challenge. (Ohio). 52. 1 day—Sunday before Labor Cincinnati Bell, WEBN, and Proctor Cincinnati, OH .................... Ohio River, Mile 464.0–476.0 (Ken- Day. and Gamble/Riverfest. tucky and Ohio) and Licking River Mile 0.0–3.0 (Kentucky). 53. Second Sunday in September .... Ohio River Sternwheel Festival Marietta, OH ....................... Ohio River, Mile 170.5–172.5 Committee Sternwheel race reen- (Ohio). actment. 54. Second Saturday in September Parkesburg Paddle Fest .................. Parkersburg, WV ................ Ohio River, Mile 184.3–188 (West Virginia). 55. Three days during the fourth New Martinsville Records and Re- New Martinsville, WV ......... Ohio River, Mile 128–129 (West Vir- weekend in September. gatta Challenge Committee. ginia). 56. First weekend in July .................. Eddyville Creek Marina/Thunder Eddyville, KY ...................... Cumberland River, Mile 46.0–47.0 Over Eddy Bay. (Kentucky). 57. First or second weekend of July Prizer Point Marina/4th of July Cele- Cadiz, KY ........................... Cumberland River, Mile 54.0–55.09 bration. (Kentucky). 58. 2 days—Last weekend in May or Visit Knoxville/Racing on the Ten- Knoxville, TN ...................... Tennessee River, Mile 647.0–648.0 first weekend in June. nessee. (Tennessee). 59. 1 day—First or second weekend Riverbluff Triathlon ........................... Ashland City, TN ................ Cumberland River, Mile 157.0– in August. 159.0 (Tennessee). 60. 2 days—First weekend in August POWERBOAT NATIONALS— Ravenswood, WV ............... Ohio River, Mile 220.5–221.5 (West nlaroche on DSK30NT082PROD with RULES Ravenswood Regatta. Virginia). 61. 3 days—One of the last three Lawrenceburg Regatta/Whiskey City Lawrenceburg, IN ............... Ohio River, Mile 492.0–496.0 (Indi- weekends in June. Regatta. ana). 62. 2 days—One of the last three Madison Vintage Thunder ................ Madison, IN ........................ Ohio River, Mile 557.5–558.5 (Indi- weekends in September. ana). 63. 1 day—Fourth weekend in Octo- Chattajack ........................................ Chattanooga, TN ................ Tennessee River, Mile 463.7–464.5 ber. (Tennessee). VerDate Sep<11>2014 13:07 Jun 01, 2017 Jkt 241001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\02JNR1.SGM 02JNR1

Federal Register / Vol. 82, No. 105 / Friday, June 2, 2017 / Rules and Regulations 25515 TABLE 1 OF § 100.801—OHIO VALLEY CAPTAIN OF THE PORT ZONE ANNUAL AND RECURRING MARINE EVENTS— Continued Date Event/sponsor Ohio Valley location Regulated area 64. 1 day—Third weekend in March Vanderbilt Invite ............................... Nashville, TN ...................... Cumberland River, Mile 189.0– 192.0 (Tennessee). 65. 2 days—Last weekend in Sep- Music City Head Race ..................... Nashville, TN ...................... Cumberland River, Mile 190.5– tember. 195.0 (Tennessee). 66. 1 day—Last weekend in July ..... Music City SUP Race ...................... Nashville, TN ...................... Cumberland River, Mile 190.0– 191.5 (Tennessee). 67. 3 days—Third weekend in June Thunder on the Cumberland ............ Nashville, TN ...................... Cumberland River, Mile 190.5– 194.0 (Tennessee). 68. 3 days—Second weekend in ACRA Henley ................................... Nashville, TN ...................... Cumberland River, Mile 189.0– May. 193.0 (Tennessee). 69. 2 days—Third weekend in Au- Kittanning Riverbration Boat Races Kittanning, PA .................... Allegheny River, Mile 44.0–45.5 gust. (Pennsylvania). 70. 2 days—Third Friday and Satur- Thunder Over Louisville ................... Louisville, KY ...................... Ohio River, Mile 598.0–603.0 (Ken- day in April. tucky). 71. 3 days—One of the first two Evansville HydroFest ....................... Evansville, IN ..................... Ohio River, Mile 791.8.0–793.0. weekends in September. * * * * * ‘‘SEARCH.’’ Click on Open Docket vessels from the hazards associated with Dated: 25 May 2017. Folder on the line associated with this this event. M.B. Zamperini, rule. III. Legal Authority and Need for Rule Captain, U.S. Coast Guard, Captain of the FOR FURTHER INFORMATION CONTACT: If Port Ohio Valley. you have questions on this temporary The Coast Guard is issuing this rule rule, call or email Tracy Girard, under authority in 33 U.S.C. 1231. The [FR Doc. 2017–11473 Filed 6–1–17; 8:45 am] Prevention Department, Sector Detroit, Captain of the Port Detroit (COTP) has BILLING CODE 9110–04–P Coast Guard; telephone 313–568–9564, determined that potential hazard or email Tracy.M.Girard@uscg.mil. associated with fireworks from 10:15 DEPARTMENT OF HOMELAND SUPPLEMENTARY INFORMATION: p.m. to 10:45 p.m. on July 7 and from SECURITY 10:15 p.m. to 10:45 p.m. on July 8, 2017 I. Table of Abbreviations will be a safety concern to anyone Coast Guard CFR Code of Federal Regulations within a 600-foot radius of the launch DHS Department of Homeland Security site. This rule is needed to protect 33 CFR Part 165 FR Federal Register personnel, vessels, and the marine NPRM Notice of Proposed Rulemaking environment in the navigable waters [Docket No. USCG–2017–0349] § Section within the safety zone while the RIN 1625–AA00 U.S.C. United States Code fireworks are being displayed. II. Background Information and IV. Discussion of the Rule Safety Zone; Detroit Symphony Regulatory History Orchestra Fireworks, Lake St. Clair, This rule establishes a safety zone Grosse Pointe Shores, MI The Coast Guard is issuing this from 10:15 p.m. through 10:45 p.m. on temporary rule without prior notice and July 7 and July 8, 2017. The safety zone AGENCY: Coast Guard, DHS. opportunity to comment pursuant to will encompass all U.S. navigable ACTION: Temporary final rule. authority under section 4(a) of the waters of Lake St. Clair, Grosse Point SUMMARY: The Coast Guard is Administrative Procedure Act (APA) (5 Shores, MI, within a 600-foot radius of establishing a temporary safety zone for U.S.C. 553(b)). This provision position 42°27.25′ N., 082°51.8′ W. navigable waters within a 600-foot authorizes an agency to issue a rule (NAD 83). No vessel or person will be radius of a portion of Lake St. Clair, without prior notice and opportunity to permitted to enter the safety zone Grosse Point, MI. This zone is necessary comment when the agency for good without obtaining permission from the to protect spectators and vessels from cause finds that those procedures are COTP or a designated representative. potential hazards associated with the ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. V. Regulatory Analyses Detroit Symphony Orchestra Fireworks. Entry of vessels or persons into this 553(b)(B), the Coast Guard finds that We developed this rule after zone is prohibited unless specifically good cause exists for not publishing a considering numerous statutes and authorized by the Captain of the Port notice of proposed rulemaking (NPRM) executive orders related to rulemaking. Detroit. with respect to this rule because doing Below we summarize our analyses so would be impracticable. The Coast based on these statutes and executive DATES: This temporary final rule is Guard did not receive the final details orders. effective from 10:15 p.m. on July 7, of this fireworks display until there was 2017, through 10:45 p.m. on July 8, insufficient time remaining before the A. Regulatory Planning and Review nlaroche on DSK30NT082PROD with RULES 2017. event to publish an NPRM. Thus, Executive Orders 12866 and 13563 ADDRESSES: To view documents delaying the effective date of this rule to direct agencies to assess the costs and mentioned in this preamble as being wait for a comment period to run would benefits of available regulatory available in the docket, go to http:// be impracticable because it would alternatives and, if regulation is www.regulations.gov, type USCG–2017– inhibit the Coast Guard’s ability to necessary, to select regulatory 0349 in the ‘‘SEARCH’’ box and click protect participants, mariners and approaches that maximize net benefits. 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Document Created: 2017-06-02 00:38:13
Document Modified: 2017-06-02 00:38:13
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
ActionFinal rule.
DatesThis rule is effective June 2, 2017.
ContactIf you have questions on this rule, call or email Petty Officer James Robinson, Sector Ohio Valley, U.S. Coast Guard; telephone (502) 779-5347, email [email protected]
FR Citation82 FR 25511 
RIN Number1625-AA08
CFR AssociatedMarine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways
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