[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Rules and Regulations]
[Pages 18393-18395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07882]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0238]
RIN 1625-AA08
Special Local Regulation; Ohio River MM 598-602.7, Louisville, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for all navigable waters of the Ohio River miles 598-602.7.
This action is necessary to provide for the safety of life on these
navigable waters near Louisville, KY, during the Thunder over
Louisville Air Show and Fireworks Display. This regulation prohibits
vessels from anchoring within the navigation channel and along the left
descending bank of the Ohio River from mile 598 to 602.7 as well as
establishes a buffer area restricting transit to slowest safe speed
creating minimum wake from mile 598 to 602.7.
DATES: This rule is effective beginning at 11 a.m. on April 22, 2017
through 2 a.m. on April 23, 2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0238 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Caloeb Gandy. U.S. Coast Guard Sector Ohio
Valley, telephone 502-779-5334, email [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
Thunder over Louisville is an annually recurring marine event
located on the Ohio River in Louisville, KY. This year's event will be
taking place on April 21, 22, and 23, 2017. The event sponsor will be
organizing an air show and conducting a fireworks display launched from
multiple barges on the Ohio River spanning mile marker 602 to 606.
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because conducting a large scale air show
over navigable waters and multiple fireworks displays on navigable
waters paired with the large number of spectator vessels expected and
other waterway users in the area poses heightened safety hazards.
Immediate action is necessary to establish event specific regulations.
This Special Regulation for Thunder over Louisville is being updated in
Sector Ohio Valley's 2017 update to its published annually recurring
marine events. However, that regulation was not completed in time and
therefore a TFR is now required. It is impracticable to publish a new
NPRM because the Coast Guard must establish this rule by April 22,
2017.
We are issuing this rule, and under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register. The COTP has deemed
that a safety risk exists due to the large number of spectator vessels
within close proximity to the large scale air show and fireworks
display. Providing a full 30 days notice is unnecessary and contrary to
the public interest as it would delay the effectiveness of the
temporary special local regulation until after the event. The Coast
Guard will provide actual notice to the public and maritime community
that the temporary special local regulation will be in effect and of
the enforcement period via broadcast notices to mariners.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The Captain of the Port Ohio Valley (COTP) has determined that
potential hazards associated with the large number of recreational
vessels in the area during the event will be a safety concern for
anyone navigating the Ohio River from mile marker 598-602.7. The
purpose of this rule is to ensure safety of life on the navigable
waters in the temporary regulated area before, during, and after
Thunder over Louisville.
IV. Discussion of Comments, Changes, and the Rule
This rule establishes a temporary special local regulation from 11
a.m. on April 22, 2017 through 2 a.m. on April 23, 2017. The temporary
special local regulation will cover all navigable waters of the Ohio
River from mile marker 598-602.7. The duration of the special local
regulation is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled air show and
fireworks displays. Vessels operating within the regulated area are
required to maintain the slowest speed possible to maintain
maneuverability creating minimum wake. In addition, vessels will not be
permitted to anchor within the navigation channel or along the left
descending bank of the Ohio River from mile 600 to 602.7.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and
[[Page 18394]]
Executive orders, and we discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory Review'') direct agencies to
assess the costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits including potential economic, environmental,
public health and safety effects, distributive impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 (``Reducing Regulation and
Controlling Regulatory Costs''), directs agencies to reduce regulation
and control regulatory costs and provides that ``for every one new
regulation issued, at least two prior regulations be identified for
elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it.
As this rule is not a significant regulatory action, this rule is
exempt from the requirements of Executive Order 13771. See OMB's
Memorandum titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs''' (February 2, 2017).
This regulatory action determination is based on the size,
location, duration, and time-of-day of the special local regulation.
Recreational vessel traffic will be able to transit this area at a
minimum wake speed, or the slowest speed possible to maintain
maneuverability. In addition, recreational vessels are permitted to
anchor outside the navigation channel along the right descending bank
from mile 600 to 602.7. The Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the temporary special local
regulation that is in place.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
special local regulation, may be small entities, for the reasons stated
in section V. A. above, this rule will not have a significant economic
impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.
C. Collection of Information
This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.
F. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation lasting less than 24 hours
that restricts anchorage areas and the speed of vessels transiting the
area to a no wake speed. It is categorically excluded from further
review under paragraph 34(h) of Figure 2-1 of the Commandant
Instruction. A preliminary Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under the ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.
[[Page 18395]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233.
0
2. Add Sec. 100.T08-0238 to read as follows:
Sec. 100.T08-0238 Special Local Regulation; Ohio River MM 598.0-
602.7, Louisville, KY.
(a) Special local regulated area. The following area is a temporary
special local regulation for all navigable waters of the Ohio River
between mile 598.0 and mile 602.7 Louisville, KY, extending the entire
width of the Ohio River.
(b) Effective dates. This special local regulation is effective
from 11 a.m. on April 22, 2017 through 2 a.m. on April 23, 2017.
(c) Special local regulations. (1) Vessels transiting the regulated
area from mm 598-602.7 must do so at the slowest safe speed creating
minimum wake.
(2) Vessels are not permitted to anchor within the navigation
channel or along the left descending bank between mile 600 and mile
602.7.
(3) The Coast Guard will patrol the regulated area under the
direction of a designated Coast Guard Patrol Commander. The Patrol
Commander may be contacted via VHF-FM radio channel 16 or by phone at
502-587-8633.
(4) The Patrol Commander may forbid and control the movement of all
vessels in the regulated area. When hailed or signaled by an official
patrol vessel, a vessel shall come to an immediate stop and comply with
the directions given. Failure to do so may result in expulsion from the
area, citation for failure to comply, or both.
(5) The Patrol Commander may terminate the event or the operation
of any vessel at any time it is deemed necessary for the protection of
life or property.
(d) Informational broadcasts. The COTP Ohio Valley or a designated
representative will inform the public through broadcast notices to
mariners of the enforcement period for the regulated area as well as
any changes in the planned schedule.
Dated: April 13, 2017.
M. B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2017-07882 Filed 4-18-17; 8:45 am]
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