Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 46413 

§ 57.18002T Examination of working 

places. 

(a) A competent person designated by 

the operator shall examine each working 

place at least once each shift for 

conditions which may adversely affect 

safety or health. The operator shall 

promptly initiate appropriate action to 

correct such conditions. 

(b) A record that such examinations 

were conducted shall be kept by the 

operator for a period of one year, and 

shall be made available for review by 

the Secretary or his authorized 

representative. 

(c) In addition, conditions that may 

present an imminent danger which are 

noted by the person conducting the 

examination shall be brought to the 

immediate attention of the operator who 

shall withdraw all persons from the area 

affected (except persons referred to in 

section 104(c) of the Federal Mine 

Safety and Health Act of 1977) until the 

danger is abated. 

[FR Doc. 2017–21594 Filed 10–3–17; 4:15 pm] 

BILLING CODE 4520–43–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2017–0875] 

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 all navigable waters of the Ohio 

River from mile marker (MM) 595.0 to 

MM 597.0. This action is necessary to 

provide for the safety of life on these 

navigable waters near Louisville, KY, 

during a regatta. Entry into, transiting 

through, or anchoring within this 

regulated area is prohibited 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 October 7, 2017 through 4 p.m. 

on October 8, 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 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary final 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. We must establish this 

Special Local Regulation by October 7, 

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 the effective date of 

this rule would be contrary to the public 

interest because 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 that potential 

hazards associated with a regatta from 

11 a.m. on October 7, 2017 through 4 

p.m. on October 8, 2017 will present a 

safety concern on all navigable waters 

on the Ohio River extending from mile 

marker (MM) 595.0 to MM 597.0. The 

purpose of this rule is to ensure the 

safety of life and vessels on 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 5 p.m. on 

October 7 and 11 a.m. to 4 p.m. on 

October 8. The temporary special local 

regulation will cover all navigable 

waters of the Ohio River from MM 595.0 

to MM 597.0. 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. Entry into the regulated area 

will be prohibited from 11 a.m. to 5 p.m. 

on October 7 and 11 a.m. to 4 p.m. on 

October 8 from MM 595.0 to MM 597.0, 

unless authorized by the Captain of the 

Port Sector Ohio Valley (COTP) or a 

designated representative. Moreover, the 

Coast Guard will issue written Local 

Notice to Mariners and 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. 


ethrower on DSK3G9T082PROD with RULES
46414 Federal Register / Vol. 82, No. 192 / Thursday, October 5, 2017 / Rules and Regulations 

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 lasting eleven hours 

over two days on all navigable waters 

extending two miles of the Ohio River. 

It is categorically excluded from further 

review under paragraph 34(h) and 35(a) 

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 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C 1233. 

■ 2. Add § 100.35T08–0875 to read as 

follows: 

§ 100.35T08–0875 Special Local 

Regulation; Ohio River, Louisville, KY. 

(a) Location. All navigable waters of 

the Ohio River from mile marker (MM) 

595.0 to MM 597.0 in Louisville, KY. 

(b) Enforcement period. This section 

will be enforced from 11 a.m. on 

October 7, 2017 through 4 p.m. on 

October 8, 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) Special local regulations. (1) In 

accordance with the general regulations 

in 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 feet 

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. 

Dated: September 22, 2017. 

M.B. Zamperini, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2017–21468 Filed 10–4–17; 8:45 am] 

BILLING CODE 9110–04–P 


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