82_FR_48622 82 FR 48422 - Safety Zone; Ohio River, Cincinnati, OH

82 FR 48422 - Safety Zone; Ohio River, Cincinnati, OH

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48422-48424
FR Document2017-22594

The Coast Guard is establishing a temporary safety zone for all navigable waters of the Ohio River extending from mile marker (MM) 469.5 to MM 470.1. This action is necessary to provide for the safety of life on the navigable waters near Cincinnati, OH, during the Arthur Rozzi Pyrotechnics display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Ohio Valley (COTP) or a designated representative.

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Rules and Regulations]
[Pages 48422-48424]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22594]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2017-0913]
RIN 1625-AA00


Safety Zone; Ohio River, Cincinnati, OH

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all navigable waters of the Ohio River extending from mile marker (MM) 
469.5 to MM 470.1. This action is necessary to provide for the safety 
of life on the navigable waters near Cincinnati, OH, during the Arthur 
Rozzi Pyrotechnics display. Entry of vessels or persons into this zone 
is prohibited unless specifically authorized by the Captain of the 
Port, Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 7:45 p.m. through 8:45 p.m. on 
October 19, 2017.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0913 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rulemaking, call or email Petty Officer Joshua Herriott, 
Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5343, 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 life during the Arthur Rozzi 
Pyrotechnics display. It is impracticable to publish an NPRM because 
the Coast Guard must establish this safety zone by October 19, 2017 and 
we 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 it effective less than 30 days after publication in 
the Federal Register. Delaying this rule would be contrary to public 
interest in ensuring the safety of spectators and vessels during the 
event because immediate action is necessary to prevent possible loss of 
life and property. Broadcast Notices to Mariners (BNM) and sharing 
information with the waterway users will update mariners of the 
restrictions, requirements and enforcement times during this temporary 
situation.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined 
that potential hazards associated with the fireworks display from 7:45 
p.m. through 8:45 p.m. on October 19, 2017 will be a safety concern for 
all navigable waters of the Ohio River extending from mile marker (MM) 
469.5 to MM 470.1. The purpose of this rule is to ensure safety of life 
on the navigable waters in the temporary safety zone before, during, 
and after the Arthur Rozzi Pyrotechnics Display.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 7:45 p.m. 
through 8:45

[[Page 48423]]

p.m. on October 19, 2017. The temporary safety zone will cover all 
waters of the Ohio River extending from MM 469.5 to MM 470.1. The 
duration of the temporary safety zone is intended to ensure the safety 
of vessels and these navigable waters before, during, and after the 
scheduled fireworks display. No vessel or person will be permitted to 
enter the temporary safety zone without obtaining permission from the 
COTP or a designated representative.
    Requests to enter the safety zone will be considered and reviewed 
on a case-by-case basis. The COTP may be contacted by telephone at 1-
800-253-7475 or can be reached by VHF-FM channel 16. Public 
notifications will be made to the local maritime community prior to the 
event through the Local Notice to Mariners and Broadcast Notice to 
Mariners.

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-year of the temporary safety zone. The 
temporary safety zone will only be in effect for one hour and covers an 
area of the waterway extending less than one mile. The Coast Guard 
expects minimum adverse impact to mariners from the temporary safety 
zone activation as the event has been advertised to the public. Also, 
mariners may request authorization from the COTP or a designated 
representative to transit the temporary safety zone.

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 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 would prohibit entry 
for one hour and covers an area of the waterway extending less than one 
mile on the Ohio River. It is categorically excluded from further 
review under paragraph 34(g) 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

[[Page 48424]]

jeopardizing the safety or security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine Safety, Navigation (water), Reporting and 
recordkeeping requirements, Security Measures, Waterways.

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

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

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


0
2. Add Sec.  165.T08-0913 to read as follows:


Sec.  165.T08-0913   Safety zone; Ohio River, Cincinnati, OH.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Ohio River between mile marker (MM) 469.5 and MM 470.1 in 
Cincinnati, OH.
    (b) Effective period. This temporary safety zone will be enforced 
from 7:45 p.m. through 8:45 p.m. on October 19, 2017.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23 of this part, entry into this zone is prohibited unless 
specifically authorized by the Captain of the Port Sector Ohio Valley 
(COTP) or a designated representative. Persons or vessels desiring to 
enter into or pass through the zone must request permission from the 
COTP or a designated representative. They may be contacted on VHF-FM 
radio channel 16 or phone at 1-800-253-7465.
    (2) Persons and vessels permitted to deviate from this safety zone 
regulation and enter the restricted area must transit at the slowest 
safe speed and comply with all lawful directions issued by the COTP or 
a designated representative.
    (d) Informational broadcasts. The COTP or a designated 
representative will inform the public through broadcast notices to 
mariners of the enforcement period for the temporary safety zone as 
well as any changes in the planned schedule.

    Dated: October 10, 2017.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port, Sector Ohio Valley.
[FR Doc. 2017-22594 Filed 10-17-17; 8:45 am]
 BILLING CODE 9110-04-P



                                             48422            Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations

                                             entry to unauthorized vessels. It is                     lawful directions issued by the COTP or               DHS Department of Homeland Security
                                             categorically excluded from further                      a designated representative.                          FR Federal Register
                                             review under paragraph 34(g) of Figure                     (d) Informational broadcasts. The                   NPRM Notice of proposed rulemaking
                                                                                                      COTP or a designated representative                   § Section
                                             2–1 of the Commandant Instruction. A                                                                           U.S.C. United States Code
                                             Record of Environmental Consideration                    will inform the public through
                                             supporting this determination is                         broadcast notices to mariners of the                  II. Background Information and
                                             available in the docket where indicated                  enforcement period for the temporary                  Regulatory History
                                             under ADDRESSES.                                         safety zone as well as any changes in the                The Coast Guard is issuing this
                                                                                                      planned schedule.                                     temporary rule without prior notice and
                                             G. Protest Activities
                                                                                                        Dated: October 10, 2017.                            opportunity to comment pursuant to
                                               The Coast Guard respects the First                     M.B. Zamperini,                                       authority under section 4(a) of the
                                             Amendment rights of protesters.                          Captain, U.S. Coast Guard, Captain of the             Administrative Procedure Act (APA) (5
                                             Protesters are asked to contact the                      Port, Sector Ohio Valley.                             U.S.C. 553(b)). This provision
                                             person listed in the FOR FURTHER                         [FR Doc. 2017–22592 Filed 10–17–17; 8:45 am]          authorizes an agency to issue a rule
                                             INFORMATION CONTACT section to                                                                                 without prior notice and opportunity to
                                                                                                      BILLING CODE 9110–04–P
                                             coordinate protest activities so that your                                                                     comment when the agency for good
                                             message can be received without                                                                                cause finds that those procedures are
                                             jeopardizing the safety or security of                   DEPARTMENT OF HOMELAND                                ‘‘impracticable, unnecessary, or contrary
                                             people, places or vessels.                               SECURITY                                              to the public interest.’’ Under 5 U.S.C.
                                             List of Subjects in 33 CFR Part 165                                                                            553(b)(B), the Coast Guard finds that
                                                                                                      Coast Guard                                           good cause exists for not publishing a
                                               Harbors, Marine safety, Navigation                                                                           notice of proposed rulemaking (NPRM)
                                             (water), Reporting and recordkeeping                     33 CFR Part 165                                       with respect to this rule because it is
                                             requirements, Security measures,                                                                               impracticable. This action is necessary
                                             Waterways.                                               [Docket Number USCG–2017–0913]
                                                                                                                                                            to ensure the safety of life during the
                                               For the reasons discussed in the                       RIN 1625–AA00                                         Arthur Rozzi Pyrotechnics display. It is
                                             preamble, the Coast Guard amends 33                                                                            impracticable to publish an NPRM
                                             CFR part 165 as follows:                                 Safety Zone; Ohio River, Cincinnati,                  because the Coast Guard must establish
                                                                                                      OH                                                    this safety zone by October 19, 2017 and
                                             PART 165—REGULATED NAVIGATION                            AGENCY:    Coast Guard, DHS.                          we lack sufficient time to provide a
                                             AREAS AND LIMITED ACCESS AREAS                           ACTION:   Temporary final rule.                       reasonable comment period and then
                                                                                                                                                            consider those comments before issuing
                                             ■ 1. The authority citation for part 165                 SUMMARY:   The Coast Guard is                         the rule.
                                             continues to read as follows:                            establishing a temporary safety zone for                 Under 5 U.S.C. 553(d)(3), the Coast
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              all navigable waters of the Ohio River                Guard finds that good cause exists for
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                extending from mile marker (MM) 469.5                 making it effective less than 30 days
                                             Department of Homeland Security Delegation               to MM 470.1. This action is necessary to              after publication in the Federal
                                             No. 0170.1                                               provide for the safety of life on the                 Register. Delaying this rule would be
                                                                                                      navigable waters near Cincinnati, OH,                 contrary to public interest in ensuring
                                             ■ 2. Add § 165.T08–0817 to read as
                                                                                                      during the Arthur Rozzi Pyrotechnics                  the safety of spectators and vessels
                                             follows:
                                                                                                      display. Entry of vessels or persons into             during the event because immediate
                                             § 165.T08–0817 Safety zone; Cumberland                   this zone is prohibited unless                        action is necessary to prevent possible
                                             River, Nashville, TN.                                    specifically authorized by the Captain of             loss of life and property. Broadcast
                                               (a) Location. The following area is a                  the Port, Sector Ohio Valley (COTP) or                Notices to Mariners (BNM) and sharing
                                             temporary safety zone area: All                          a designated representative.                          information with the waterway users
                                             navigable waters of the Cumberland                       DATES: This rule is effective from 7:45
                                                                                                                                                            will update mariners of the restrictions,
                                             River between mile marker (MM) 190.7                     p.m. through 8:45 p.m. on October 19,                 requirements and enforcement times
                                             and MM 191.1, Nashville, TN.                             2017.                                                 during this temporary situation.
                                               (b) Effective period. This temporary                   ADDRESSES: To view documents                          III. Legal Authority and Need for Rule
                                             safety zone will be enforced from 8:15                   mentioned in this preamble as being                      The Coast Guard is issuing this rule
                                             p.m. through 8:30 p.m. on October 20,                    available in the docket, go to http://                under authority in 33 U.S.C. 1231. The
                                             2017.                                                    www.regulations.gov, type USCG–2017–                  Captain of the Port Sector Ohio Valley
                                               (c) Regulations. (1) In accordance with                0913 in the ‘‘SEARCH’’ box and click                  (COTP) has determined that potential
                                             the general regulations in § 165.23 of                   ‘‘SEARCH.’’ Click on Open Docket                      hazards associated with the fireworks
                                             this part, entry into this zone is                       Folder on the line associated with this               display from 7:45 p.m. through 8:45
                                             prohibited unless specifically                           rule.                                                 p.m. on October 19, 2017 will be a
                                             authorized by the Captain of the Port                    FOR FURTHER INFORMATION CONTACT: If                   safety concern for all navigable waters
                                             Ohio Valley (COTP) or a designated                       you have questions about this proposed                of the Ohio River extending from mile
                                             representative. Persons or vessels                       rulemaking, call or email Petty Officer               marker (MM) 469.5 to MM 470.1. The
                                             desiring to enter into or pass through                   Joshua Herriott, Sector Ohio Valley, U.S.             purpose of this rule is to ensure safety
                                             the zone must request permission from                    Coast Guard; telephone 502–779–5343,                  of life on the navigable waters in the
                                             the COTP or a designated
ethrower on DSK3G9T082PROD with RULES




                                                                                                      email Joshua.R.Herriott@uscg.mil.                     temporary safety zone before, during,
                                             representative. They may be contacted                    SUPPLEMENTARY INFORMATION:                            and after the Arthur Rozzi Pyrotechnics
                                             on VHF–FM radio channel 16 or                                                                                  Display.
                                             telephone at 1–800–253–7465                              I. Table of Abbreviations
                                                (2) Persons and vessels permitted to                                                                        IV. Discussion of the Rule
                                                                                                      CFR Code of Federal Regulations
                                             enter this safety zone must transit at the               COTP Captain of the Port Sector Ohio                    This rule establishes a temporary
                                             slowest safe speed and comply with all                     Valley                                              safety zone from 7:45 p.m. through 8:45


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                                                              Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations                                       48423

                                             p.m. on October 19, 2017. The                            the potential impact of regulations on                fundamental Federalism principles and
                                             temporary safety zone will cover all                     small entities during rulemaking. The                 preemption requirements described in
                                             waters of the Ohio River extending from                  term ‘‘small entities’’ comprises small               Executive Order 13132.
                                             MM 469.5 to MM 470.1. The duration of                    businesses, not-for-profit organizations                 Also, this rule does not have tribal
                                             the temporary safety zone is intended to                 that are independently owned and                      implications under Executive Order
                                             ensure the safety of vessels and these                   operated and are not dominant in their                13175, Consultation and Coordination
                                             navigable waters before, during, and                     fields, and governmental jurisdictions                with Indian Tribal Governments,
                                             after the scheduled fireworks display.                   with populations of less than 50,000.                 because it does not have a substantial
                                             No vessel or person will be permitted to                 The Coast Guard certifies under 5 U.S.C.              direct effect on one or more Indian
                                             enter the temporary safety zone without                  605(b) that this rule will not have a                 tribes, on the relationship between the
                                             obtaining permission from the COTP or                    significant economic impact on a                      Federal Government and Indian tribes,
                                             a designated representative.                             substantial number of small entities.                 or on the distribution of power and
                                                Requests to enter the safety zone will                   While some owners or operators of                  responsibilities between the Federal
                                             be considered and reviewed on a case-                    vessels intending to transit the special              Government and Indian tribes. If you
                                             by-case basis. The COTP may be                           local regulation may be small entities,               believe this rule has implications for
                                             contacted by telephone at 1–800–253–                     for the reasons stated in section V.A                 Federalism or Indian tribes, please
                                             7475 or can be reached by VHF–FM                         above, this rule will not have a                      contact the person listed in the FOR
                                             channel 16. Public notifications will be                 significant economic impact on any                    FURTHER INFORMATION CONTACT section
                                             made to the local maritime community                     vessel owner or operator.                             above.
                                             prior to the event through the Local                        Under section 213(a) of the Small
                                                                                                      Business Regulatory Enforcement                       E. Unfunded Mandates Reform Act
                                             Notice to Mariners and Broadcast Notice
                                             to Mariners.                                             Fairness Act of 1996 (Pub. L. 104–121),                 The Unfunded Mandates Reform Act
                                                                                                      we want to assist small entities in                   of 1995 (2 U.S.C. 1531–1538) requires
                                             V. Regulatory Analyses                                   understanding this rule. If the rule                  Federal agencies to assess the effects of
                                               We developed this rule after                           would affect your small business,                     their discretionary regulatory actions. In
                                             considering numerous statutes and                        organization, or governmental                         particular, the Act addresses actions
                                             Executive Orders related to rulemaking.                  jurisdiction and you have questions                   that may result in the expenditure by a
                                             Below we summarize our analyses                          concerning its provisions or options for              State, local, or tribal government, in the
                                             based on a number of these statutes and                  compliance, please contact the person                 aggregate, or by the private sector of
                                             Executive Orders, and we discuss First                   listed in the FOR FURTHER INFORMATION                 $100,000,000 (adjusted for inflation) or
                                             Amendment rights of protestors.                          CONTACT section.                                      more in any one year. Though this rule
                                                                                                         Small businesses may send comments                 will not result in such expenditure, we
                                             A. Regulatory Planning and Review                        on the actions of Federal employees                   do discuss the effects of this rule
                                                Executive Orders 12866 and 13563                      who enforce, or otherwise determine                   elsewhere in this preamble.
                                             direct agencies to assess the costs and                  compliance with, Federal regulations to
                                             benefits of available regulatory                                                                               F. Environment
                                                                                                      the Small Business and Agriculture
                                             alternatives and, if regulation is                       Regulatory Enforcement Ombudsman                        We have analyzed this rule under
                                             necessary, to select regulatory                          and the Regional Small Business                       Department of Homeland Security
                                             approaches that maximize net benefits.                   Regulatory Fairness Boards. The                       Management Directive 023–01 and
                                             Executive Order 13771 directs agencies                   Ombudsman evaluates these actions                     Commandant Instruction M16475.lD,
                                             to control regulatory costs through a                    annually and rates each agency’s                      which guide the Coast Guard in
                                             budgeting process. This rule has not                     responsiveness to small business. If you              complying with the National
                                             been designated a ‘‘significant                          wish to comment on actions by                         Environmental Policy Act of 1969 (42
                                             regulatory action,’’ under Executive                     employees of the Coast Guard, call 1–                 U.S.C. 4321–4370f), and have
                                             Order 12866. Accordingly, this rule has                  888–REG–FAIR (1–888–734–3247). The                    determined that this action is one of a
                                             not been reviewed by the Office of                       Coast Guard will not retaliate against                category of actions that do not
                                             Management and Budget (OMB), and                         small entities that question or complain              individually or cumulatively have a
                                             pursuant to OMB guidance it is exempt                    about this rule or any policy or action               significant effect on the human
                                             from the requirements of Executive                       of the Coast Guard.                                   environment. This rule involves special
                                             Order 13771.                                                                                                   local regulated area that would prohibit
                                                This regulatory action determination                  C. Collection of Information                          entry for one hour and covers an area of
                                             is based on the size, location, duration,                  This rule will not call for a new                   the waterway extending less than one
                                             and time-of-year of the temporary safety                 collection of information under the                   mile on the Ohio River. It is
                                             zone. The temporary safety zone will                     Paperwork Reduction Act of 1995 (44                   categorically excluded from further
                                             only be in effect for one hour and covers                U.S.C. 3501–3520).                                    review under paragraph 34(g) of Figure
                                             an area of the waterway extending less                                                                         2–1 of the Commandant Instruction. A
                                                                                                      D. Federalism and Indian Tribal
                                             than one mile. The Coast Guard expects                                                                         Record of Environmental Consideration
                                                                                                      Governments
                                             minimum adverse impact to mariners                                                                             supporting this determination is
                                             from the temporary safety zone                             A rule has implications for                         available in the docket where indicated
                                             activation as the event has been                         Federalism under Executive Order                      under ADDRESSES.
                                             advertised to the public. Also, mariners                 13132, Federalism, if it has a substantial
                                                                                                      direct effect on the States, on the                   G. Protest Activities
                                             may request authorization from the
                                                                                                      relationship between the national
ethrower on DSK3G9T082PROD with RULES




                                             COTP or a designated representative to                                                                           The Coast Guard respects the First
                                             transit the temporary safety zone.                       government and the States, or on the                  Amendment rights of protesters.
                                                                                                      distribution of power and                             Protesters are asked to contact the
                                             B. Impact on Small Entities                              responsibilities among the various                    person listed in the FOR FURTHER
                                               The Regulatory Flexibility Act of                      levels of government. We have analyzed                INFORMATION CONTACT section to
                                             1980, 5 U.S.C. 601–612, as amended,                      this rule under that Order and have                   coordinate protest activities so that your
                                             requires Federal agencies to consider                    determined that it is consistent with the             message can be received without


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                                             48424            Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Rules and Regulations

                                             jeopardizing the safety or security of                   DEPARTMENT OF EDUCATION                               upon the foreign institution receiving
                                             people, places or vessels.                                                                                     approval from the Secretary for the
                                                                                                      34 CFR Part 600                                       relocation after providing:
                                             List of Subjects in 33 CFR Part 165                                                                               • The plan and timeline for the
                                               Harbors, Marine Safety, Navigation                     Federal Student Aid Programs                          temporary relocation, including details
                                             (water), Reporting and recordkeeping                     (Institutional Eligibility); Foreign                  of the program offerings and an
                                                                                                      Institutions Affected by Natural                      agreement with any institution at which
                                             requirements, Security Measures,
                                                                                                      Disasters                                             the affected institution will temporarily
                                             Waterways.
                                                                                                      AGENCY:  Office of Postsecondary                      relocate;
                                               For the reasons discussed in the                                                                                • Approval of the plan and timeline
                                             preamble, the Coast Guard amends 33                      Education, Department of Education.
                                                                                                                                                            for the temporary relocation from the
                                             CFR part 165 as follows:                                 ACTION: Identification of inapplicable
                                                                                                                                                            foreign institution’s accrediting body,
                                                                                                      regulatory provisions.
                                                                                                                                                            including an agreement by that
                                             PART 165—REGULATED NAVIGATION
                                                                                                      SUMMARY:    The Secretary is identifying as           accrediting body to visit and monitor
                                             AREAS AND LIMITED ACCESS AREAS
                                                                                                      temporarily inapplicable certain                      operations at the temporary location;
                                                                                                      regulatory provisions determining                        • Documentation from the
                                             ■ 1. The authority citation for part 165                                                                       government of the country where the
                                             continues to read as follows:                            whether an educational institution
                                                                                                      qualifies in whole or in part as an                   temporary campus will be located that
                                               Authority: 33 U.S.C. 1231; 50 U.S.C. 191;              eligible institution of higher education              the foreign institution will be allowed to
                                             33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                under the Higher Education Act of 1965,               operate the temporary location for the
                                             Department of Homeland Security Delegation                                                                     period of time specified in the timeline;
                                                                                                      as amended (HEA), to provide relief to
                                             No. 0170.1                                                                                                     and
                                                                                                      foreign institutions affected by
                                             ■ 2. Add § 165.T08–0913 to read as                       Hurricane Irma and Hurricane Maria.                      • Any additional information the
                                             follows:                                                 DATES: The regulatory provisions                      Secretary requires for approval.
                                                                                                      identified in this document are                          The Secretary reserves the right to
                                             § 165.T08–0913       Safety zone; Ohio River,
                                                                                                      inapplicable from October 18, 2017,                   revoke through written notice her
                                             Cincinnati, OH.                                                                                                approval of a foreign institution for
                                                                                                      through the earlier of June 30, 2019, or
                                                (a) Location. The following area is a                 the date that an affected foreign                     relocation upon evidence of waste,
                                             safety zone: All navigable waters of the                 institution can resume operation in its               fraud, or abuse.
                                             Ohio River between mile marker (MM)                                                                               The Secretary is identifying as
                                                                                                      home country.
                                             469.5 and MM 470.1 in Cincinnati, OH.                                                                          inapplicable the following regulations:
                                                                                                      FOR FURTHER INFORMATION CONTACT:                         1. 34 CFR 600.52, definition of a
                                                (b) Effective period. This temporary                  Wendy Macias, U.S. Department of                      ‘‘foreign institution,’’ paragraph (1)(i),
                                             safety zone will be enforced from 7:45                   Education, 400 Maryland Ave. SW.,                     requiring that a foreign institution not
                                             p.m. through 8:45 p.m. on October 19,                    Room 6C111, Washington, DC 20202.                     be located in a State;
                                             2017.                                                    Telephone: (202) 203–9155 or by email:                   2. 34 CFR 600.52, definition of a
                                                (c) Regulations. (1) In accordance with               Wendy.Macias@ed.gov.                                  ‘‘foreign institution,’’ paragraph (1)(ii),
                                             the general regulations in § 165.23 of                      If you use a telecommunications                    requiring that, with the exception of the
                                             this part, entry into this zone is                       device for the deaf (TDD) or text                     clinical training portion of a foreign
                                             prohibited unless specifically                           telephone (TTY), call the Federal Relay               medical, veterinary, or nursing program,
                                             authorized by the Captain of the Port                    Service (FRS), toll free, at 1–800–877–               a foreign institution (1) have no U.S.
                                             Sector Ohio Valley (COTP) or a                           8339.                                                 locations; (2) have no written
                                             designated representative. Persons or                    SUPPLEMENTARY INFORMATION: The                        arrangements, within the meaning of
                                             vessels desiring to enter into or pass                   regulations at 34 CFR 600.51(c) state, ‘‘A            § 668.5, with institutions or
                                             through the zone must request                            foreign institution must comply with all              organizations located in the United
                                             permission from the COTP or a                            requirements for eligible and                         States for students enrolling at the
                                             designated representative. They may be                   participating institutions except when                foreign institution to take courses from
                                             contacted on VHF–FM radio channel 16                     made inapplicable by the HEA or when                  institutions located in the United States;
                                             or phone at 1–800–253–7465.                              the Secretary, through publication in the             and (3) does not permit students to
                                                (2) Persons and vessels permitted to                  Federal Register, identifies specific                 enroll in any course offered by the
                                             deviate from this safety zone regulation                 provisions as inapplicable to foreign                 foreign institution in the United States,
                                             and enter the restricted area must transit               institutions.’’ Under this authority, the             including research, work, internship,
                                             at the slowest safe speed and comply                     Secretary is identifying as inapplicable              externship, or special studies within the
                                             with all lawful directions issued by the                 the regulatory provisions listed below                United States, except that independent
                                             COTP or a designated representative.                     from 34 CFR part 600, which determine                 research done by an individual student
                                                (d) Informational broadcasts. The                     whether an educational institution                    in the United States for not more than
                                             COTP or a designated representative                      qualifies in whole or in part as an                   one academic year is permitted if it is
                                             will inform the public through                           eligible institution of higher education              conducted during the dissertation phase
                                             broadcast notices to mariners of the                     under the HEA, and may apply to                       of a doctoral program under the
                                             enforcement period for the temporary                     participate in programs authorized by                 guidance of faculty, and the research
                                             safety zone as well as any changes in the                the HEA.                                              can only be performed in a facility in
                                             planned schedule.                                           We are taking this action to provide               the United States;
                                                                                                      relief to foreign institutions affected by               3. 34 CFR 600.52, definition of a
ethrower on DSK3G9T082PROD with RULES




                                               Dated: October 10, 2017.                               Hurricane Irma or Hurricane Maria. This               ‘‘foreign institution,’’ paragraph (1)(iii),
                                             M.B. Zamperini,                                          action allows a foreign institution that              requiring a foreign institution to be
                                             Captain, U.S. Coast Guard, Captain of the                can no longer operate in its home                     legally authorized by the education
                                             Port, Sector Ohio Valley.                                country due to the effects of Hurricane               ministry, council, or equivalent agency
                                             [FR Doc. 2017–22594 Filed 10–17–17; 8:45 am]             Irma or Hurricane Maria to temporarily                of the country in which the institution
                                             BILLING CODE 9110–04–P                                   operate in another country, contingent                is located to provide an educational


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Document Created: 2017-10-18 01:37:38
Document Modified: 2017-10-18 01:37:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary final rule.
DatesThis rule is effective from 7:45 p.m. through 8:45 p.m. on October 19, 2017.
ContactIf you have questions about this proposed rulemaking, call or email Petty Officer Joshua Herriott, Sector Ohio Valley, U.S. Coast Guard; telephone 502-779-5343, email [email protected]
FR Citation82 FR 48422 
RIN Number1625-AA00
CFR AssociatedHarbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

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