Special Local Regulation; Ohio River; Louisville, KY, 37174-37176 [2017-16767]

Download as PDF 37174 Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Rules and Regulations 30337; phone: (404) 474–5548; fax: (404) 474–5606; email: william.mccully@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise. (i) Piper Aircraft, Inc. Service Bulletin No. 1317A, dated July 26, 2017. (ii) Reserved. (3) For Piper Aircraft, Inc. service information identified in this AD, contact Piper Aircraft, Inc., Customer Service, 2926 Piper Drive, Vero Beach, Florida 32960; telephone: (877) 879–0275; fax: none; email: customer.service@piper.com; Internet: www.piper.com. (4) You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329–4148. It is also available on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA– 2017–0759. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: https:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Kansas City, Missouri, on July 28, 2017. Pat Mullen, Acting Deputy Director, Policy and Innovation Division, Aircraft Certification Service. [FR Doc. 2017–16437 Filed 8–8–17; 8:45 am] BILLING CODE 4910–13–P 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 Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: 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 SUMMARY: VerDate Sep<11>2014 14:39 Aug 08, 2017 Jkt 241001 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. This rule is effective from 11 a.m. on August 18, 2017 through 6 p.m. on August 20, 2017. DATES: 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 Kevin.L.Schneider@uscg.mil. FOR FURTHER INFORMATION CONTACT: 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 § 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. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 E:\FR\FM\09AUR1.SGM 09AUR1 Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Rules and Regulations 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 VerDate Sep<11>2014 14:39 Aug 08, 2017 Jkt 241001 37175 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. 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. 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. § 100.35T08–0586 Special Local Regulation; Ohio River, Louisville, KY. 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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: ■ Authority: 33 U.S.C 1233. 2. Add § 100.35T08–0586 to read as follows: ■ (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 § 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. E:\FR\FM\09AUR1.SGM 09AUR1 37176 Federal Register / Vol. 82, No. 152 / Wednesday, August 9, 2017 / Rules and Regulations Dated: August 3, 2017. M.A. Wike, Commander, U.S. Coast Guard, Acting Captain of the Port, Sector Ohio Valley. II. Background Information and Regulatory History HESS Corporation requested that an OCS safety zone extending 500 meters from each point on the Stampede Tension Leg Platform (TLP) facility structure’s outermost edge be established. There are safety concerns for both the personnel aboard the facility and the environment. In response, on May 10, 2017, the Coast Guard published a notice of proposed rulemaking (NPRM) titled Safety Zone; Stampede TLP, Green Canyon 468, Outer Continental Shelf on the Gulf of Mexico (82 FR 21337). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to this safety zone. During the comment period that ended on June 7, 2017, we received 1 comment. [FR Doc. 2017–16767 Filed 8–8–17; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 147 [Docket Number USCG–2017–0110] RIN 1625–AA00 Safety Zone; Stampede TLP, Green Canyon 468, Outer Continental Shelf on the Gulf of Mexico Coast Guard, DHS. Final rule. AGENCY: ACTION: III. Legal Authority and Need for Rule The Coast Guard is establishing a safety zone around the Stampede Tension Leg Platform (TLP) facility located in Green Canyon Block 468 on the Outer Continental Shelf (OCS) in the Gulf of Mexico. The purpose of the safety zone is to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Placing a safety zone around the facility will significantly reduce the threat of allisions, collisions, oil spills, releases of natural gas, and thereby protect the safety of life, property, and the environment. SUMMARY: This rule is effective September 8, 2017. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2017– 0110 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 Mr. Rusty Wright, U.S. Coast Guard, District Eight Waterways Management Branch; telephone 504– 671–2138, rusty.h.wright@uscg.mil. SUPPLEMENTARY INFORMATION: DATES: I. Table of Abbreviations CFR Code of Federal Regulations FR Federal Register NPRM Notice of proposed rulemaking OCS Outer Continental Shelf TLP Tension Leg Platform § Section U.S.C. United States Code VerDate Sep<11>2014 14:39 Aug 08, 2017 Jkt 241001 The Coast Guard is issuing this rule under authority in 14 U.S.C. 85, 43 U.S.C. 1333, Department of Homeland Security Delegation No. 0170.1, and 33 CFR 147.1 and 147.10, which collectively permit the establishment of safety zones for facilities located on the OCS for the purpose of protecting life and property on the facilities, and the marine environment in the safety zones. The Coast Guard has determined that a safety zone is necessary to protect the facility from all vessels operating outside the normal shipping channels and fairways that are not providing services to or working with the facility. Navigation in the vicinity of the safety zone consists of large commercial shipping vessels, fishing vessels, cruise ships, tugs with tows and the occasional recreational vessel. The deepwater area also includes an extensive system of fairways. The purpose of the rule is to significantly reduce the threat of allisions, oil spills, and releases of natural gas, and thereby protect the safety of life, property, and the environment. IV. Discussion of Comments, Changes, and the Rule As noted above, we received 1 comment on our NPRM published on May 10, 2017. The commenter asked to specify the horizontal datum (NAD 27, NAD 83, etc.) for the latitude and longitude position in the rule. We have done so. In this rule, as in all OCS Safety Zone rules, we use the NAD 83 horizontal datum. This rule establishes a safety zone on the Outer Continental Shelf (OCS) in the deepwater area of the Gulf of Mexico at Green Canyon Block 468. The area for the safety zone is 500 meters (1640.4 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 feet) from each point on the facility, which is located at 27°30′33.3431″ N., 90°33′22.963″ W., (NAD 83). The deepwater area is waters of 304.8 meters (1,000 feet) or greater depth extending to the limits of the Exclusive Economic Zone (EEZ) contiguous to the territorial sea of the United States and extending to a distance up to 200 nautical miles from the baseline from which the breadth of the sea is measured. No vessel, except those attending the facility, or those less than 100 feet in length and not engaged in towing will be permitted to enter the safety zone without obtaining permission from Commander, Eighth Coast Guard District or a designated representative. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking, and we considered the First Amendment rights of protestors. Below we summarize our analyses based on a number of these statutes or executive orders. 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 location of the Stampede TLP, on the OCS, and its distance from both land and safety fairways. Vessels traversing waters near the safety zone will be able to safely travel around the zone using alternate routes. Exceptions to this rule include vessels measuring less than 100 feet in length overall and not engaged in towing. The Eighth Coast Guard District Commander, or a designated representative, will consider requests to transit through the safety zone on a case-by-case basis. 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 E:\FR\FM\09AUR1.SGM 09AUR1

Agencies

[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.

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

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 
Kevin.L.Schneider@uscg.mil.

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]
 BILLING CODE 9110-04-P
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