[Federal Register Volume 82, Number 152 (Wednesday, August 9, 2017)]
[Rules and Regulations]
[Pages 37174-37176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16767]
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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.
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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]
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