82 FR 37174 - Special Local Regulation; Ohio River; Louisville, KY
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 152 (August 9, 2017)
Coast Guard
Federal Register Volume 82, Issue 152 (August 9, 2017)
| Page Range | 37174-37176 | |
| FR Document | 2017-16767 |
[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)] [Rules and Regulations] [Pages 37174-37176] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-16767] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG-2017-0586] RIN 1625-AA08 Special Local Regulation; Ohio River; Louisville, KY AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a special local regulation for certain navigable waters of the Ohio River from mile marker (MM) 602.0 to MM 604.0. This action is necessary to provide for the safety of life on the navigable waters near Louisville, KY, during a regatta between August 18 and 20, 2017. This rulemaking prohibits persons and vessels from being within the special local regulation unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. DATES: This rule is effective from 11 a.m. on August 18, 2017 through 6 p.m. on August 20, 2017. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email MST1 Kevin Schneider, Waterways Department Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5333, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Ohio Valley DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. This action is necessary to ensure the safety of the life during the Grand Prix of Louisville Regatta marine event. It is impracticable to publish an NPRM because we must establish this Special Local Regulation by August 18, 2017, and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying this rule would be contrary to the public interest of ensuring the safety of spectators and vessels during the event and immediate action is necessary to prevent possible loss of life and property. 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 Sector Ohio Valley (COTP) has determined the need to protect participants during the Grand Prix of Louisville Regatta on the Ohio River from mile marker (MM) 602.0 to MM 604.0. The purpose of this rule is to protect personnel, vessels, and these navigable waters before, during, and after the scheduled event. IV. Discussion of the Rule This rule establishes a temporary special local regulation that will be enforced from 11 a.m. to 7 p.m. on August 18, 9 a.m. to 7 p.m. on August 19, and 10 a.m. to 6 p.m. on August 20. The temporary special local regulation will cover all navigable waters of the Ohio River from MM 602.0 to MM 604.0. The duration of the special local regulation is intended to ensure the safety of waterway users and these navigable waters before, during, and after the scheduled event. No vessel or person is permitted to enter the special local regulated area without obtaining permission from the COTP. 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 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the special local regulation. The river will be closed to all vessel traffic from 11 a.m. to 7 p.m. on August 18, 9 a.m. to 7 p.m. on August 19, and 10 a.m. to 6 p.m. on August 20, from MM 602.0 to MM 604.0. Moreover, the Coast Guard will issue written Local Notice to Mariners and Broadcast Notice to Mariners via [[Page 37175]] 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 above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this 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 special local regulated area that prohibits entry to unauthorized vessels. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 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. 100.35T08-0586 to read as follows: Sec. 100.35T08-0586 Special Local Regulation; Ohio River, Louisville, KY. (a) Location. All navigable waters of the Ohio River beginning at mile marker (MM) 602.0 and ending at MM 604.0 in Louisville, KY. (b) Periods of enforcement. This rule will be enforced from 11 a.m. on August 18, 2017 through 6 p.m. on August 20, 2017.The Captain of the Port Sector Ohio Valley (COTP) or a designated representative will inform the public through broadcast notice to mariners of the enforcement period for the special local regulation. (c) Regulations. (1) In accordance with the general regulations in Sec. 100 of this part, entry into this area is prohibited unless authorized by the COTP or a designated representative. (2) Recreational vessels may be permitted to transit the regulated area but are restricted to at least 1,000 ft. from the perimeter of the race course and restricted to the Indiana side of the Ohio River. Recreational vessels transiting into and away from this area are restricted to the slowest safe speed creating minimum wake. (3) The COTP may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. (4) All other persons or vessels desiring entry into or passage through the area must request permission from the COTP or a designated representative. U. S. Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1-800-253-7465. [[Page 37176]] Dated: August 3, 2017. M.A. Wike, Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Ohio Valley. [FR Doc. 2017-16767 Filed 8-8-17; 8:45 am] BILLING CODE 9110-04-P
![37174 Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Rules and Regulations
30337; phone: (404) 474–5548; fax: (404) persons and vessels from being within III. Legal Authority and Need for Rule
474–5606; email: william.mccully@faa.gov. the special local regulation unless The Coast Guard is issuing this rule
(k) Material Incorporated by Reference authorized by the Captain of the Port under authority in 33 U.S.C. 1233. The
(1) The Director of the Federal Register Sector Ohio Valley (COTP) or a Captain of the Port Sector Ohio Valley
approved the incorporation by reference designated representative. (COTP) has determined the need to
(IBR) of the service information listed in this protect participants during the Grand
DATES: This rule is effective from 11
paragraph under 5 U.S.C. 552(a) and 1 CFR Prix of Louisville Regatta on the Ohio
part 51. a.m. on August 18, 2017 through 6 p.m.
on August 20, 2017. River from mile marker (MM) 602.0 to
(2) You must use this service information
MM 604.0. The purpose of this rule is
as applicable to do the actions required by FOR FURTHER INFORMATION CONTACT: If
this AD, unless the AD specifies otherwise. to protect personnel, vessels, and these
(i) Piper Aircraft, Inc. Service Bulletin No. you have questions on this rule, call or navigable waters before, during, and
1317A, dated July 26, 2017. email MST1 Kevin Schneider, after the scheduled event.
(ii) Reserved. Waterways Department Sector Ohio
Valley, U.S. Coast Guard; telephone IV. Discussion of the Rule
(3) For Piper Aircraft, Inc. service
information identified in this AD, contact 502–779–5333, email This rule establishes a temporary
Piper Aircraft, Inc., Customer Service, 2926 Kevin.L.Schneider@uscg.mil. special local regulation that will be
Piper Drive, Vero Beach, Florida 32960; enforced from 11 a.m. to 7 p.m. on
telephone: (877) 879–0275; fax: none; email: SUPPLEMENTARY INFORMATION: August 18, 9 a.m. to 7 p.m. on August
customer.service@piper.com; Internet: 19, and 10 a.m. to 6 p.m. on August 20.
www.piper.com. I. Table of Abbreviations
The temporary special local regulation
(4) You may view this referenced service
information at the FAA, Policy and CFR Code of Federal Regulations will cover all navigable waters of the
Innovation Division, 901 Locust, Kansas City, COTP Captain of the Port Sector Ohio Ohio River from MM 602.0 to MM
Missouri 64106. For information on the Valley 604.0. The duration of the special local
availability of this material at the FAA, call DHS Department of Homeland Security regulation is intended to ensure the
(816) 329–4148. It is also available on the FR Federal Register safety of waterway users and these
internet at http://www.regulations.gov by NPRM Notice of proposed rulemaking navigable waters before, during, and
searching for and locating Docket No. FAA– § Section after the scheduled event. No vessel or
2017–0759. U.S.C. United States Code person is permitted to enter the special
(5) You may view this service information local regulated area without obtaining
that is incorporated by reference at the
II. Background Information and permission from the COTP.
National Archives and Records
Administration (NARA). For information on Regulatory History V. Regulatory Analyses
the availability of this material at NARA, call
202–741–6030, or go to: http:// The Coast Guard is issuing this We developed this rule after
www.archives.gov/federal-register/cfr/ibr- temporary rule without prior notice and considering numerous statutes and
locations.html. opportunity to comment pursuant to Executive orders related to rulemaking.
authority under section 4(a) of the Below we summarize our analyses
Issued in Kansas City, Missouri, on July 28,
2017. Administrative Procedure Act (APA) (5 based on a number of these statutes and
U.S.C. 553(b)). This provision Executive orders, and we discuss First
Pat Mullen,
authorizes an agency to issue a rule Amendment rights of protestors.
Acting Deputy Director, Policy and Innovation
Division, Aircraft Certification Service. without prior notice and opportunity to A. Regulatory Planning and Review
comment when the agency for good
[FR Doc. 2017–16437 Filed 8–8–17; 8:45 am] Executive Orders 12866 and 13563
cause finds that those procedures are
BILLING CODE 4910–13–P
‘‘impracticable, unnecessary, or contrary direct agencies to assess the costs and
to the public interest.’’ Under 5 U.S.C. benefits of available regulatory
alternatives and, if regulation is
553(b)(B), the Coast Guard finds that
DEPARTMENT OF HOMELAND necessary, to select regulatory
good cause exists for not publishing a
SECURITY approaches that maximize net benefits.
notice of proposed rulemaking (NPRM)
Executive Order 13771 directs agencies
Coast Guard with respect to this rule because it is
to control regulatory costs through a
impracticable. This action is necessary
budgeting process. This rule has not
33 CFR Part 100 to ensure the safety of the life during the been designated a ‘‘significant
Grand Prix of Louisville Regatta marine regulatory action,’’ under Executive
[Docket Number USCG–2017–0586] event. It is impracticable to publish an Order 12866. Accordingly, this rule has
RIN 1625–AA08 NPRM because we must establish this not been reviewed by the Office of
Special Local Regulation by August 18, Management and Budget (OMB), and
Special Local Regulation; Ohio River; 2017, and lack sufficient time to provide pursuant to OMB guidance it is exempt
Louisville, KY a reasonable comment period and then from the requirements of Executive
consider those comments before issuing Order 13771.
AGENCY: Coast Guard, DHS. the rule.
ACTION: Temporary final rule. This regulatory action determination
Under 5 U.S.C. 553(d)(3), the Coast is based on the size, location, duration,
SUMMARY: The Coast Guard is Guard finds that good cause exists for and time-of-day of the special local
establishing a special local regulation making this rule effective less than 30 regulation. The river will be closed to
for certain navigable waters of the Ohio days after publication in the Federal all vessel traffic from 11 a.m. to 7 p.m.
River from mile marker (MM) 602.0 to Register. Delaying this rule would be on August 18, 9 a.m. to 7 p.m. on
MM 604.0. This action is necessary to contrary to the public interest of August 19, and 10 a.m. to 6 p.m. on
provide for the safety of life on the ensuring the safety of spectators and August 20, from MM 602.0 to MM
navigable waters near Louisville, KY, vessels during the event and immediate 604.0. Moreover, the Coast Guard will
during a regatta between August 18 and action is necessary to prevent possible issue written Local Notice to Mariners
20, 2017. This rulemaking prohibits loss of life and property. and Broadcast Notice to Mariners via
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![37176 Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Rules and Regulations
Dated: August 3, 2017. II. Background Information and feet) from each point on the facility,
M.A. Wike, Regulatory History which is located at 27°30′33.3431″ N.,
Commander, U.S. Coast Guard, Acting HESS Corporation requested that an 90°33′22.963″ W., (NAD 83). The
Captain of the Port, Sector Ohio Valley.
OCS safety zone extending 500 meters deepwater area is waters of 304.8 meters
[FR Doc. 2017–16767 Filed 8–8–17; 8:45 am] from each point on the Stampede (1,000 feet) or greater depth extending to
the limits of the Exclusive Economic
BILLING CODE 9110–04–P Tension Leg Platform (TLP) facility
Zone (EEZ) contiguous to the territorial
structure’s outermost edge be
sea of the United States and extending
established. There are safety concerns
DEPARTMENT OF HOMELAND to a distance up to 200 nautical miles
for both the personnel aboard the
SECURITY from the baseline from which the
facility and the environment. In
breadth of the sea is measured. No
Coast Guard response, on May 10, 2017, the Coast
vessel, except those attending the
Guard published a notice of proposed
facility, or those less than 100 feet in
33 CFR Part 147 rulemaking (NPRM) titled Safety Zone;
length and not engaged in towing will
Stampede TLP, Green Canyon 468,
be permitted to enter the safety zone
[Docket Number USCG–2017–0110] Outer Continental Shelf on the Gulf of
without obtaining permission from
Mexico (82 FR 21337). There we stated
RIN 1625–AA00 Commander, Eighth Coast Guard
why we issued the NPRM, and invited
District or a designated representative.
comments on our proposed regulatory
Safety Zone; Stampede TLP, Green action related to this safety zone. During V. Regulatory Analyses
Canyon 468, Outer Continental Shelf the comment period that ended on June
on the Gulf of Mexico We developed this rule after
7, 2017, we received 1 comment. considering numerous statutes and
AGENCY: Coast Guard, DHS. III. Legal Authority and Need for Rule Executive Orders related to rulemaking,
ACTION: Final rule. and we considered the First
The Coast Guard is issuing this rule Amendment rights of protestors. Below
SUMMARY: The Coast Guard is under authority in 14 U.S.C. 85, 43 we summarize our analyses based on a
establishing a safety zone around the U.S.C. 1333, Department of Homeland number of these statutes or executive
Stampede Tension Leg Platform (TLP) Security Delegation No. 0170.1, and 33 orders.
facility located in Green Canyon Block CFR 147.1 and 147.10, which
468 on the Outer Continental Shelf collectively permit the establishment of A. Regulatory Planning and Review
(OCS) in the Gulf of Mexico. The safety zones for facilities located on the Executive Orders 12866 and 13563
purpose of the safety zone is to protect OCS for the purpose of protecting life direct agencies to assess the costs and
the facility from all vessels operating and property on the facilities, and the benefits of available regulatory
outside the normal shipping channels marine environment in the safety zones. alternatives and, if regulation is
and fairways that are not providing The Coast Guard has determined that a necessary, to select regulatory
services to or working with the facility. safety zone is necessary to protect the approaches that maximize net benefits.
Placing a safety zone around the facility facility from all vessels operating Executive Order 13771 directs agencies
will significantly reduce the threat of outside the normal shipping channels to control regulatory costs through a
allisions, collisions, oil spills, releases and fairways that are not providing budgeting process. This rule has not
of natural gas, and thereby protect the services to or working with the facility. been designated a ‘‘significant
safety of life, property, and the Navigation in the vicinity of the safety regulatory action,’’ under Executive
environment. zone consists of large commercial Order 12866. Accordingly, this rule has
shipping vessels, fishing vessels, cruise not been reviewed by the Office of
DATES: This rule is effective September ships, tugs with tows and the occasional
8, 2017. Management and Budget (OMB), and
recreational vessel. The deepwater area pursuant to OMB guidance it is exempt
ADDRESSES: To view documents also includes an extensive system of from the requirements of Executive
mentioned in this preamble as being fairways. The purpose of the rule is to Order 13771.
available in the docket, go to http:// significantly reduce the threat of This regulatory action determination
www.regulations.gov, type USCG–2017– allisions, oil spills, and releases of is based on the location of the Stampede
0110 in the ‘‘SEARCH’’ box and click natural gas, and thereby protect the TLP, on the OCS, and its distance from
‘‘SEARCH.’’ Click on Open Docket safety of life, property, and the both land and safety fairways. Vessels
Folder on the line associated with this environment. traversing waters near the safety zone
rule. will be able to safely travel around the
IV. Discussion of Comments, Changes,
FOR FURTHER INFORMATION CONTACT: If zone using alternate routes. Exceptions
and the Rule
you have questions on this rule, call or to this rule include vessels measuring
email Mr. Rusty Wright, U.S. Coast As noted above, we received 1 less than 100 feet in length overall and
Guard, District Eight Waterways comment on our NPRM published on not engaged in towing. The Eighth Coast
Management Branch; telephone 504– May 10, 2017. The commenter asked to Guard District Commander, or a
671–2138, rusty.h.wright@uscg.mil. specify the horizontal datum (NAD 27, designated representative, will consider
SUPPLEMENTARY INFORMATION: NAD 83, etc.) for the latitude and requests to transit through the safety
longitude position in the rule. We have zone on a case-by-case basis.
I. Table of Abbreviations done so. In this rule, as in all OCS
Safety Zone rules, we use the NAD 83 B. Impact on Small Entities
CFR Code of Federal Regulations horizontal datum. The Regulatory Flexibility Act of
FR Federal Register
NPRM Notice of proposed rulemaking
This rule establishes a safety zone on 1980, 5 U.S.C. 601–612, as amended,
OCS Outer Continental Shelf the Outer Continental Shelf (OCS) in the requires Federal agencies to consider
TLP Tension Leg Platform deepwater area of the Gulf of Mexico at the potential impact of regulations on
§ Section Green Canyon Block 468. The area for small entities during rulemaking. The
U.S.C. United States Code the safety zone is 500 meters (1640.4 term ‘‘small entities’’ comprises small
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Document Created: 2017-08-09 02:18:20
Document Modified: 2017-08-09 02:18:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | This rule is effective from 11 a.m. on August 18, 2017 through 6 p.m. on August 20, 2017. | |
| Contact | If you have questions on this rule, call or email MST1 Kevin Schneider, Waterways Department Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5333, email [email protected] | |
| FR Citation | 82 FR 37174 | |
| RIN Number | 1625-AA08 | |
| CFR Associated | Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements and Waterways |
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