[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]
 BILLING CODE 9110-04-P