Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; Louisville, KY, 36924-36926 [2015-15932]

Download as PDF mstockstill on DSK4VPTVN1PROD with RULES 36924 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations by this temporary section, § 165.T05.0279. (1) All persons are required to comply with the general regulations governing safety zones found in 33 CFR 165.23. (2) Entry into or remaining in this zone is prohibited unless authorized by the Coast Guard Captain of the Port Baltimore. All vessels underway within this safety zone at the time it is implemented are to depart the zone. (3) Persons desiring to transit the area of the safety zone must first obtain authorization from the Captain of the Port Baltimore or his designated representative. To seek permission to transit the area, the Captain of the Port Baltimore and his designated representatives can be contacted at telephone number 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF– FM channel 16 (156.8 MHz). Upon being hailed by a U.S. Coast Guard vessel, or other Federal, State, or local agency vessel, by siren, radio, flashing light, or other means, the operator of a vessel shall proceed as directed. If permission is granted, all persons and vessels must comply with the instructions of the Captain of the Port Baltimore or his designated representative and proceed as directed while within the zone. (4) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zone by Federal, State, and local agencies. (c) Definitions. As used in this section: Captain of the Port Baltimore means the Commander, U.S. Coast Guard Sector Baltimore, Maryland. Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Baltimore to assist in enforcing the safety zone described in paragraph (a) of this section. (d) Enforcement period. This section will be enforced from 8:30 p.m. through 10 p.m. on July 4, 2015, and if necessary due to inclement weather, from 8:30 p.m. through 10 p.m. on July 5, 2015. DEPARTMENT OF HOMELAND SECURITY FR Federal Register MM Mile Marker NPRM Notice of Proposed Rulemaking Coast Guard A. Regulatory History and Information 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. Providing a full 30 days notice is unnecessary and contrary to the public interest as it would delay the effectiveness of the temporary safety zone until after the planned fireworks event. Immediate action is needed to protect vessels and mariners from the safety hazards associated with aerial fireworks displays over a waterway when large concentrations of spectators and vessel traffic are expected. The Coast Guard will give actual notice to the public and maritime community that the safety zone will be in effect and of the enforcement period via broadcast notices to mariners (BNM). 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. Immediate action is needed to protect vessels and mariners from the safety hazards associated with aerial fireworks displays over a waterway when large concentrations of spectators are expected. The Coast Guard will give actual notice to the public and maritime community that the safety zone will be in effect and of the enforcement period via BNM. Dated: June 12, 2015. Kevin C. Kiefer, Captain, U.S. Coast Guard, Captain of the Port Baltimore. Table of Acronyms [FR Doc. 2015–15759 Filed 6–26–15; 8:45 am] BILLING CODE 9110–04–P VerDate Sep<11>2014 17:11 Jun 26, 2015 Jkt 235001 33 CFR Part 165 [Docket Number USCG–2015–0198] RIN 1625–AA00 Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; Louisville, KY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a temporary safety zone for all waters of the Ohio River between mile 618.5 and mile 619.5 on June 27, 2015. This safety zone is needed to protect persons, property, and infrastructure from potential damage and safety hazards associated with the Riverview Park Independence Festival firework display. Deviation from the safety zone is prohibited unless specifically authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative. DATES: This rule is effective and will be enforced through actual notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015. ADDRESSES: Documents mentioned in this preamble are part of docket [USCG– 2014–0198]. To view documents mentioned in this preamble as being available in the docket, go to 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 rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Cody Robinson, U.S. Coast Guard; telephone 502–779–5347, email James.c.Robinson@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl F. Collins, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: SUMMARY: APA Administrative Procedures Act BNM Broadcast Notice to Mariners CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 B. Basis and Purpose The legal basis and authorities for this rule are found in 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1 which collectively authorize the Coast Guard to establish and define safety zones. The purpose of this safety zone is to protect life and property from the hazards associated with and resulting from the Riverview Park Independence Festival firework display. The rule is necessary due to significant safety hazards associated with an aerial fireworks display over the waterway E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations when a large concentration of spectators and vessel traffic are expected. Establishing the safety zone to extend from mile 618.5 to mile 619.5 on the Ohio River is necessary for the Coast Guard to maintain navigational safety on the river. C. Discussion of the Temporary Final Rule The Coast Guard is establishing a temporary safety zone on the Ohio River between mile 618.5 and mile 619.5, extending the entire width of the Ohio River. Transit into and through this area is prohibited beginning at 10:00 p.m. through 10:30 p.m. on June 27, 2015 or until the Riverview Park Independence Festival firework display has concluded, whichever occurs earlier. Deviation from this temporary safety zone is prohibited unless specifically authorized by the COTP Ohio Valley, or a designated representative. Deviation requests will be considered and reviewed on a case-by-case basis. The COTP Ohio Valley may be contacted by telephone at 1–800–253–7465 or can be reached by VHF–FM channel 16. D. 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 or executive orders. mstockstill on DSK4VPTVN1PROD with RULES 1. Regulatory Planning and Review This rule is not a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563, Improving Regulation and Regulatory Review, and does not require an assessment of potential costs and benefits under section 6(a)(3) of Executive Order 12866 or under section 1 of Executive Order 13563. The Office of Management and Budget has not reviewed it under those Orders. This rule establishes a temporary safety zone for vessels on all waters of the Ohio River from mile 618.5 to mile 619.5. The safety zone will be established for less than one hour. Due to the limited scope and short duration of the temporary safety zone, the impacts on routine navigation are expected to be minimal. 2. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant VerDate Sep<11>2014 17:11 Jun 26, 2015 Jkt 235001 economic impact on a substantial number of small entities. 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 may be small entities: The owners or operators of vessels intending to transit the Ohio River, from 10:00 p.m. to 10:30 p.m. on June 27, 2015. This temporary safety zone will not have a significant economic impact on a substantial number of small entities due to its limited scope and short duration. Additionally, requests to deviate from the rule will be considered on a case-bycase basis. Notifications to the marine community will be made through BNM, local notice to mariners, and communications with local waterway users. Notices of changes to the safety zone and effective times will also be made. 3. Assistance for Small Entities 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, above. 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. 4. 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). 5. Federalism A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 36925 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 determined that this rule does not have implications for federalism. 6. 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. 7. 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. 8. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. 9. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. 10. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. 11. Indian Tribal Governments 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 E:\FR\FM\29JNR1.SGM 29JNR1 36926 Federal Register / Vol. 80, No. 124 / Monday, June 29, 2015 / Rules and Regulations responsibilities between the Federal Government and Indian tribes. 12. Energy Effects This action is not a ‘‘significant energy action’’ under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. 13. Technical Standards This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. 14. 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 (NEPA) (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 is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. Because this safety zone is established in response to a temporary situation and is less than one week in duration, an environmental analysis checklist and a categorical exclusion determination are not required. (b) Effective dates. This safety zone is effective and will be enforced through actual notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015. (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into this zone is prohibited unless authorized by the Captain of the Port (COTP) Ohio Valley or a designated representative. (2) Persons or vessels desiring to enter into or pass through the zone must request permission from the COTP Ohio Valley or a designated representative. They may be contacted on VHF–FM channel 16 or by telephone at 1–800– 253–7465. (3) If permission is granted, all persons and vessels shall comply with the instructions of the COTP Ohio Valley or designated representative. (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 temporary safety zone as well as any changes in the dates and times of enforcement. Dated: June 9, 2015. R.V. Timme, Captain, U.S. Coast Guard, Captain of the Port Ohio Valley. [FR Doc. 2015–15932 Filed 6–26–15; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY List of Subjects in 33 CFR Part 165 Coast Guard Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: 33 CFR Part 165 [Docket No. USCG–2015–0530] RIN 1625–AA00 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS ACTION: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. A new temporary § 165.T08–0198 is added to read as follows: mstockstill on DSK4VPTVN1PROD with RULES ■ § 165.T08–0198 Safety Zone; Ohio River between mile 618.5 and mile 619.5, Louisville, KY. (a) Location. The following area is a safety zone: All waters of the Ohio River between mile 618.5 and mile 619.5, Louisville, KY, extending the entire width of the Ohio River. 17:11 Jun 26, 2015 Jkt 235001 Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: 1. The authority citation for part 165 continues to read as follows: ■ VerDate Sep<11>2014 Safety Zone; Annual Events Requiring Safety Zones in the Captain of the Port Lake Michigan Zone—Milwaukee Air and Water Show The Coast Guard will enforce the safety zone on Lake Michigan in Milwaukee, WI for the Milwaukee Air and Water Show. This zone will be enforced from 8:30 a.m. until 5 p.m. on each day of July 22, 2015 to July 26, 2015. This action is necessary and intended to ensure safety of life on navigable waters immediately prior to, during, and immediately after the Air and Water Show. During the aforementioned period, the Coast Guard will enforce restrictions upon, and SUMMARY: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 control movement of, vessels in the safety zone. No person or vessel may enter the safety zone while it is being enforced without permission of the Captain of the Port Lake Michigan or a designated representative. DATES: The regulations in 33 CFR 165.929 will be enforced for safety zone (f)(2), Table 165.929, from 8:30 a.m. until 5 p.m. on each day of July 22, 2015 to July 26, 2015. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email MST1 Joseph McCollum, Prevention Department, Coast Guard Sector Lake Michigan, Milwaukee, WI at (414) 747–7148, email joseph.p.mccollum@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the Milwaukee Air and Water Show safety zone listed as item (f)(2) in Table 165.929 of 33 CFR 165.929. Section 165.929 lists many annual events requiring safety zones in the Captain of the Port Lake Michigan zone. This safety zone will encompass all waters and adjacent shoreline of Lake Michigan in the vicinity of McKinley Park located within an area that is approximately 4800 by 1250 yards. The area will be bounded by the points beginning at 43°02.450′ N., 087°52.850′ W.; then southeast to 43°02.230′ N., 087°52.061′ W.; then northeast to 43°04.543′ N., 087°50.801′ W.; then northwest to 43°04.757′ N., 087°51.512′ W.; then southwest returning to the point of origin (NAD 83). This zone will be enforced from 8:30 a.m. until 5 p.m. on each day of July 22, 2015 to July 26, 2015. All vessels must obtain permission from the Captain of the Port Lake Michigan, or the on-scene representative to enter, move within, or exit the safety zone. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. Approvals will be granted on a case by case basis. Vessels and persons granted permission to enter the safety zone must obey all lawful orders or directions of the Captain of the Port Lake Michigan or a designated representative. This document is issued under authority of 33 CFR 165.929, Safety Zones; Annual events requiring safety zones in the Captain of the Port Lake Michigan zone, and 5 U.S.C. 552(a). In addition to this publication in the Federal Register, the Coast Guard will provide the maritime community with advance notification for the enforcement of this zone via Broadcast Notice to Mariners or Local Notice to Mariners. The Captain of the Port Lake Michigan E:\FR\FM\29JNR1.SGM 29JNR1

Agencies

[Federal Register Volume 80, Number 124 (Monday, June 29, 2015)]
[Rules and Regulations]
[Pages 36924-36926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15932]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0198]
RIN 1625-AA00


Safety Zone; Ohio River Between Mile 618.5 and Mile 619.5; 
Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for 
all waters of the Ohio River between mile 618.5 and mile 619.5 on June 
27, 2015. This safety zone is needed to protect persons, property, and 
infrastructure from potential damage and safety hazards associated with 
the Riverview Park Independence Festival firework display. Deviation 
from the safety zone is prohibited unless specifically authorized by 
the Captain of the Port (COTP) Ohio Valley or a designated 
representative.

DATES: This rule is effective and will be enforced through actual 
notice from 10:00 p.m. through 10:30 p.m. on June 27, 2015.

ADDRESSES: Documents mentioned in this preamble are part of docket 
[USCG-2014-0198]. To view documents mentioned in this preamble as being 
available in the docket, go to 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 rulemaking. You may also 
visit the Docket Management Facility in Room W12-140 on the ground 
floor of the Department of Transportation West Building, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Petty Officer Cody Robinson, U.S. Coast Guard; telephone 
502-779-5347, email James.c.Robinson@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Cheryl F. Collins, 
Program Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

APA Administrative Procedures Act
BNM Broadcast Notice to Mariners
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of Proposed Rulemaking

A. Regulatory History and Information

    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. Providing a full 30 days notice is 
unnecessary and contrary to the public interest as it would delay the 
effectiveness of the temporary safety zone until after the planned 
fireworks event. Immediate action is needed to protect vessels and 
mariners from the safety hazards associated with aerial fireworks 
displays over a waterway when large concentrations of spectators and 
vessel traffic are expected. The Coast Guard will give actual notice to 
the public and maritime community that the safety zone will be in 
effect and of the enforcement period via broadcast notices to mariners 
(BNM).
    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. Immediate action is needed to 
protect vessels and mariners from the safety hazards associated with 
aerial fireworks displays over a waterway when large concentrations of 
spectators are expected. The Coast Guard will give actual notice to the 
public and maritime community that the safety zone will be in effect 
and of the enforcement period via BNM.

B. Basis and Purpose

    The legal basis and authorities for this rule are found in 33 
U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; 
Department of Homeland Security Delegation No. 0170.1 which 
collectively authorize the Coast Guard to establish and define safety 
zones.
    The purpose of this safety zone is to protect life and property 
from the hazards associated with and resulting from the Riverview Park 
Independence Festival firework display. The rule is necessary due to 
significant safety hazards associated with an aerial fireworks display 
over the waterway

[[Page 36925]]

when a large concentration of spectators and vessel traffic are 
expected. Establishing the safety zone to extend from mile 618.5 to 
mile 619.5 on the Ohio River is necessary for the Coast Guard to 
maintain navigational safety on the river.

C. Discussion of the Temporary Final Rule

    The Coast Guard is establishing a temporary safety zone on the Ohio 
River between mile 618.5 and mile 619.5, extending the entire width of 
the Ohio River. Transit into and through this area is prohibited 
beginning at 10:00 p.m. through 10:30 p.m. on June 27, 2015 or until 
the Riverview Park Independence Festival firework display has 
concluded, whichever occurs earlier. Deviation from this temporary 
safety zone is prohibited unless specifically authorized by the COTP 
Ohio Valley, or a designated representative. Deviation requests will be 
considered and reviewed on a case-by-case basis. The COTP Ohio Valley 
may be contacted by telephone at 1-800-253-7465 or can be reached by 
VHF-FM channel 16.

D. 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 or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866, Regulatory Planning and Review, as 
supplemented by Executive Order 13563, Improving Regulation and 
Regulatory Review, and does not require an assessment of potential 
costs and benefits under section 6(a)(3) of Executive Order 12866 or 
under section 1 of Executive Order 13563. The Office of Management and 
Budget has not reviewed it under those Orders. This rule establishes a 
temporary safety zone for vessels on all waters of the Ohio River from 
mile 618.5 to mile 619.5. The safety zone will be established for less 
than one hour. Due to the limited scope and short duration of the 
temporary safety zone, the impacts on routine navigation are expected 
to be minimal.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as 
amended, requires federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. 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. 
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 may be 
small entities: The owners or operators of vessels intending to transit 
the Ohio River, from 10:00 p.m. to 10:30 p.m. on June 27, 2015. This 
temporary safety zone will not have a significant economic impact on a 
substantial number of small entities due to its limited scope and short 
duration. Additionally, requests to deviate from the rule will be 
considered on a case-by-case basis. Notifications to the marine 
community will be made through BNM, local notice to mariners, and 
communications with local waterway users. Notices of changes to the 
safety zone and effective times will also be made.

3. Assistance for Small Entities

    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, 
above.
    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.

4. 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).

5. Federalism

    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 determined 
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

9. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

10. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

11. Indian Tribal Governments

    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

[[Page 36926]]

responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive 
Order 13211, Actions Concerning Regulations That Significantly Affect 
Energy Supply, Distribution, or Use.

13. Technical Standards

    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

14. 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 (NEPA) (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 is categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. 
Because this safety zone is established in response to a temporary 
situation and is less than one week in duration, an environmental 
analysis checklist and a categorical exclusion determination are not 
required.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
0170.1.

0
2. A new temporary Sec.  165.T08-0198 is added to read as follows:


Sec.  165.T08-0198  Safety Zone; Ohio River between mile 618.5 and mile 
619.5, Louisville, KY.

    (a) Location. The following area is a safety zone: All waters of 
the Ohio River between mile 618.5 and mile 619.5, Louisville, KY, 
extending the entire width of the Ohio River.
    (b) Effective dates. This safety zone is effective and will be 
enforced through actual notice from 10:00 p.m. through 10:30 p.m. on 
June 27, 2015.
    (c) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, entry into this zone is prohibited unless authorized by 
the Captain of the Port (COTP) Ohio Valley or a designated 
representative.
    (2) Persons or vessels desiring to enter into or pass through the 
zone must request permission from the COTP Ohio Valley or a designated 
representative. They may be contacted on VHF-FM channel 16 or by 
telephone at 1-800-253-7465.
    (3) If permission is granted, all persons and vessels shall comply 
with the instructions of the COTP Ohio Valley or designated 
representative.
    (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 temporary safety zone as 
well as any changes in the dates and times of enforcement.

    Dated: June 9, 2015.
R.V. Timme,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2015-15932 Filed 6-26-15; 8:45 am]
 BILLING CODE 9110-04-P

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