Special Local Regulation; Lake Ferguson; Greenville, MS, 18221-18223 [2017-07834]
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Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations
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18221
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43.00
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* Reflects a product no longer offered.
necessary to provide for the safety of life
on navigable waters during a paddling
event on April 22, 2017. This regulation
prohibits entry by all vessels, mariners,
and persons into the event area, an
approximate 300-yard stretch of Lake
Ferguson extending approximately 150yards west from the Greenville boat
launch. All vessels transiting Lake
Ferguson west-northwest of the
regulated area will be limited to slowest
speed for safe navigation to minimize
wake unless specifically authorized by
the Captain of the Port Memphis or an
on-scene representative.
[FR Doc. 2017–07759 Filed 4–17–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0189]
RIN 1625–AA08
Special Local Regulation; Lake
Ferguson; Greenville, MS
This rule is effective from 8 a.m.
until 4 p.m. on April 22, 2017.
DATES:
Coast Guard, DHS.
ACTION: Temporary final rule.
nlaroche on DSK30NT082PROD with RULES
AGENCY:
VerDate Sep<11>2014
13:31 Apr 17, 2017
Jkt 241001
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0189 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
ADDRESSES:
The Coast Guard is
establishing a temporary special local
regulation controlling movement of
vessels for certain waters of Lake
Ferguson, Greenville, MS. This rule is
SUMMARY:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email Petty Officer Todd Manow,
Waterways Management, Sector Lower
Mississippi River, U.S. Coast Guard,
telephone 901–521–4813, email
Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
E:\FR\FM\18APR1.SGM
18APR1
18222
Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations
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 doing
so would be impracticable. The Greater
Greenville Development Foundation did
not notify the Coast Guard that it will
be sponsoring the ‘‘Delta Dragon Boat
Race’’ on April 22, 2017 with sufficient
time remaining to publish an NPRM. It
is impracticable to publish an NPRM
because we must establish this safety
zone 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 this
temporary rule effective less than 30
days after publication in the Federal
Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable.
nlaroche on DSK30NT082PROD with RULES
III. Legal Authority and Need for a Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1233. The
COTP has determined that potential
hazards posed to participants of a
rowing regatta in Lake Ferguson would
be a safety concern for anyone transiting
this waterway in the vicinity of the
Greenville boat launch in Greenville,
Mississippi. The purpose of this
rulemaking is to ensure the safety of
event participants and other waterway
users before, during, and after the
scheduled event in the navigable waters
of Lake Ferguson.
IV. Discussion of the Rule
This rule establishes a special local
regulation, enforced from 8 a.m. until 4
p.m. on April 22, 2017. In light of the
aforementioned hazards, the COTP has
determined that a special local
regulation is necessary to protect
spectators, vessels, and participants.
The special local regulation will
encompass the following in Lake
Ferguson in the vicinity of Greenville,
MS: starting from a point on shore at
33°24.83′ N., 091°03.95′ W., proceeding
150 yards west-northwest into the lake
at 33°24.88′ N., 091°04.02′ W., then
proceeding approximately 390 yards
south-southwest to 33°24.71′ N.,
091°04.15′ W., then proceeding 160
yards east-southeast to a point on shore
at 33°24.67′ N., 091°04.07′ W., before
VerDate Sep<11>2014
13:31 Apr 17, 2017
Jkt 241001
returning north-northeast along the
shoreline to the point of origin.
This regulation prohibits entry by all
vessels, mariners, and persons into the
event area, an approximate 300-yard
stretch of Lake Ferguson extending
approximately 150-yards westnorthwest from the Greenville boat
launch. All vessels transiting Lake
Ferguson through the spectator zone,
west-northwest of the regulated area to
the state line, will be limited to slowest
speed for safe navigation to minimize
wake unless specifically authorized by
the Captain of the Port Memphis or an
on-scene representative.
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
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).
The Coast Guard’s use of this special
local regulation will be only eight hours
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
in duration on a Saturday in April, and
it is designed to minimize the impact on
navigation. Moreover, vessels will be
allowed to transit Lake Ferguson westnorthwest of the event area at the
slowest speed for safe navigation to
minimize wake. Overall, the Coast
Guard expects minimal impact to vessel
movement from the enforcement of this
special local regulation.
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.
This rule will affect the following
entities, some of which might be small
entities: The owners or operators of
vessels intending to transit or anchor in
this portion of Lake Ferguson in the
vicinity of Greenville, MS between 8
a.m. and 4 p.m. on April 22, 2017.
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 will
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. 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 E.O. 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
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Federal Register / Vol. 82, No. 73 / Tuesday, April 18, 2017 / Rules and Regulations
preemption requirements described in
E.O. 13132.
Also, this rule does not have tribal
implications under E.O. 13175,
Consultation and Coordination with
Indian Tribal Governments, because it
will 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.
nlaroche on DSK30NT082PROD with RULES
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 made a
preliminary determination 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 the
establishment of a special local
regulation lasting eight hours on a
Saturday in April. Normally such
actions are categorically excluded from
further review under paragraph 34(h) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist and Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
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
VerDate Sep<11>2014
13:31 Apr 17, 2017
Jkt 241001
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
1. The authority citation for part 100
continues to read as follows:
18223
wake unless specifically authorized by
the COTP or an on-scene representative.
(d) Informational broadcasts. The
COTP will inform the public through
broadcast notices to mariners of the
enforcement period for the regulated
area as well as any changes in the dates
and times of enforcement.
Dated: March 31, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the
Port, Memphis, Tennessee.
[FR Doc. 2017–07834 Filed 4–17–17; 8:45 am]
BILLING CODE 9110–04–P
■
Authority: 33 U.S.C. 1233.
DEPARTMENT OF HOMELAND
SECURITY
2. Add § 100.35T08–0189 to read as
follows:
Coast Guard
§ 100.35 T08–0189 Special Local
Regulation; Lake Ferguson, Greenville, MS.
33 CFR Part 117
■
(a) Regulated area. (1) A regulated
area is established to encompass all
waters of Lake Ferguson, in the vicinity
of the Greenville Boat Launch, within
an area starting from a point on shore
at 33°24.83′ N., 091°03.95′ W.,
proceeding approximately 150 yards
WNW into the lake at 33°24.88′ N.,
091°04.02′ W., then proceeding
approximately 390 yards SSW to
33°24.71′ N., 091°04.15′ W., then
proceeding 160 yards ESE to a point on
shore at 33°24.67′ N., 091°04.07′ W.,
before returning NNE along the
shoreline to the point of origin.
(2) A spectator zone will be
established in Lake Ferguson, westnorthwest of the regulated area to the
state line.
(b) Effective period. This section is
effective and will be enforced from 8
a.m. until 4 p.m. on April 22, 2017.
(c) Regulations. (1) In accordance with
the general regulations in § 100.801 of
this part, all vessels, mariners, and
persons are prohibited from entering the
event area, without permission of the
Captain of the Port Memphis (COTP) or
an on-scene representative. All vessel
operators desiring to operate in the
event area of this special local
regulation must contact the COTP or an
on-scene representative to request
permission to do so. The COTP or may
be contacted via VHF Channel 16 or by
telephone at 1–866–777–2784. An onscene representative may be a
commissioned, warrant, or petty officer
of the United States Coast Guard or a
federal, state or local law enforcement
officer.
(2) During enforcement, all Vessels
transiting Lake Ferguson through the
spectator zone will be limited to slowest
speed for safe navigation to minimize
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
[Docket No. USCG–2017–0225]
Drawbridge Operation Regulation;
Curtis Creek, Baltimore, MD
Coast Guard, DHS.
Notice of temporary deviation
from drawbridge regulation;
modification.
AGENCY:
ACTION:
The Coast Guard has modified
a temporary deviation from the
operating schedule that governs the I695
Bridge, at mile 1.0, across Curtis Creek,
Baltimore, MD. This modified deviation
is necessary to remove, repair and
replace the inner and outer loop locking
bar and couplings. This deviation
allows the bridge to remain in the
closed-to-navigation position.
DATES: This modified deviation is
effective without actual notice from
April 18, 2017 through 7 p.m. on May
5, 2017. For the purposes of
enforcement, actual notice will be used
from 6:00 a.m. on April 10, 2017, until
April 18, 2017.
ADDRESSES: The docket for this
deviation, [USCG–2017–0225] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Mr. Martin
Bridges, Bridge Administration Branch
Fifth District, Coast Guard, telephone
757–398–6422, email Martin.A.Bridges@
uscg.mil.
SUPPLEMENTARY INFORMATION: On March
27, 2017, the Coast Guard published a
temporary deviation entitled
‘‘Drawbridge Operation Regulation:
Curtis Creek, Baltimore, MD’’ in the
SUMMARY:
E:\FR\FM\18APR1.SGM
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]]>Agencies
[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Rules and Regulations]
[Pages 18221-18223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07834]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2017-0189]
RIN 1625-AA08
Special Local Regulation; Lake Ferguson; Greenville, MS
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary special local
regulation controlling movement of vessels for certain waters of Lake
Ferguson, Greenville, MS. This rule is necessary to provide for the
safety of life on navigable waters during a paddling event on April 22,
2017. This regulation prohibits entry by all vessels, mariners, and
persons into the event area, an approximate 300-yard stretch of Lake
Ferguson extending approximately 150-yards west from the Greenville
boat launch. All vessels transiting Lake Ferguson west-northwest of the
regulated area will be limited to slowest speed for safe navigation to
minimize wake unless specifically authorized by the Captain of the Port
Memphis or an on-scene representative.
DATES: This rule is effective from 8 a.m. until 4 p.m. on April 22,
2017.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2017-0189 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 rule,
call or email Petty Officer Todd Manow, Waterways Management, Sector
Lower Mississippi River, U.S. Coast Guard, telephone 901-521-4813,
email Todd.M.Manow@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
E.O. Executive Order
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 final rule without prior
[[Page 18222]]
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 doing so would be
impracticable. The Greater Greenville Development Foundation did not
notify the Coast Guard that it will be sponsoring the ``Delta Dragon
Boat Race'' on April 22, 2017 with sufficient time remaining to publish
an NPRM. It is impracticable to publish an NPRM because we must
establish this safety zone 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 this temporary rule
effective less than 30 days after publication in the Federal Register.
For the same reasons discussed in the preceding paragraph, waiting for
a 30 day notice period to run would be impracticable.
III. Legal Authority and Need for a Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP has determined that potential hazards posed to
participants of a rowing regatta in Lake Ferguson would be a safety
concern for anyone transiting this waterway in the vicinity of the
Greenville boat launch in Greenville, Mississippi. The purpose of this
rulemaking is to ensure the safety of event participants and other
waterway users before, during, and after the scheduled event in the
navigable waters of Lake Ferguson.
IV. Discussion of the Rule
This rule establishes a special local regulation, enforced from 8
a.m. until 4 p.m. on April 22, 2017. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following in Lake Ferguson in the
vicinity of Greenville, MS: starting from a point on shore at
33[deg]24.83' N., 091[deg]03.95' W., proceeding 150 yards west-
northwest into the lake at 33[deg]24.88' N., 091[deg]04.02' W., then
proceeding approximately 390 yards south-southwest to 33[deg]24.71' N.,
091[deg]04.15' W., then proceeding 160 yards east-southeast to a point
on shore at 33[deg]24.67' N., 091[deg]04.07' W., before returning
north-northeast along the shoreline to the point of origin.
This regulation prohibits entry by all vessels, mariners, and
persons into the event area, an approximate 300-yard stretch of Lake
Ferguson extending approximately 150-yards west-northwest from the
Greenville boat launch. All vessels transiting Lake Ferguson through
the spectator zone, west-northwest of the regulated area to the state
line, will be limited to slowest speed for safe navigation to minimize
wake unless specifically authorized by the Captain of the Port Memphis
or an on-scene representative.
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
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).
The Coast Guard's use of this special local regulation will be only
eight hours in duration on a Saturday in April, and it is designed to
minimize the impact on navigation. Moreover, vessels will be allowed to
transit Lake Ferguson west-northwest of the event area at the slowest
speed for safe navigation to minimize wake. Overall, the Coast Guard
expects minimal impact to vessel movement from the enforcement of this
special local regulation.
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.
This rule will affect the following entities, some of which might
be small entities: The owners or operators of vessels intending to
transit or anchor in this portion of Lake Ferguson in the vicinity of
Greenville, MS between 8 a.m. and 4 p.m. on April 22, 2017.
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 will 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. 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 E.O. 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
[[Page 18223]]
preemption requirements described in E.O. 13132.
Also, this rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it will 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 made a preliminary
determination 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 the establishment of a special local
regulation lasting eight hours on a Saturday in April. Normally such
actions are categorically excluded from further review under paragraph
34(h) of Figure 2-1 of the Commandant Instruction. An environmental
analysis checklist and Categorical Exclusion Determination are
available in the docket where indicated under ADDRESSES. We seek any
comments or information that may lead to the discovery of a significant
environmental impact from this rule.
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. 100.35T08-0189 to read as follows:
Sec. 100.35 T08-0189 Special Local Regulation; Lake Ferguson,
Greenville, MS.
(a) Regulated area. (1) A regulated area is established to
encompass all waters of Lake Ferguson, in the vicinity of the
Greenville Boat Launch, within an area starting from a point on shore
at 33[deg]24.83' N., 091[deg]03.95' W., proceeding approximately 150
yards WNW into the lake at 33[deg]24.88' N., 091[deg]04.02' W., then
proceeding approximately 390 yards SSW to 33[deg]24.71' N.,
091[deg]04.15' W., then proceeding 160 yards ESE to a point on shore at
33[deg]24.67' N., 091[deg]04.07' W., before returning NNE along the
shoreline to the point of origin.
(2) A spectator zone will be established in Lake Ferguson, west-
northwest of the regulated area to the state line.
(b) Effective period. This section is effective and will be
enforced from 8 a.m. until 4 p.m. on April 22, 2017.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 100.801 of this part, all vessels, mariners, and persons are
prohibited from entering the event area, without permission of the
Captain of the Port Memphis (COTP) or an on-scene representative. All
vessel operators desiring to operate in the event area of this special
local regulation must contact the COTP or an on-scene representative to
request permission to do so. The COTP or may be contacted via VHF
Channel 16 or by telephone at 1-866-777-2784. An on-scene
representative may be a commissioned, warrant, or petty officer of the
United States Coast Guard or a federal, state or local law enforcement
officer.
(2) During enforcement, all Vessels transiting Lake Ferguson
through the spectator zone will be limited to slowest speed for safe
navigation to minimize wake unless specifically authorized by the COTP
or an on-scene representative.
(d) Informational broadcasts. The COTP will inform the public
through broadcast notices to mariners of the enforcement period for the
regulated area as well as any changes in the dates and times of
enforcement.
Dated: March 31, 2017.
T.J. Wendt,
Captain, U.S. Coast Guard, Captain of the Port, Memphis, Tennessee.
[FR Doc. 2017-07834 Filed 4-17-17; 8:45 am]
BILLING CODE 9110-04-P
