Safety Zone; Ohio River, Louisville, KY, 66625-66627 [2018-28131]
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
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 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:
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
2. Add § 165.T08–1093 to read as
follows:
■
§ 165.T08–1093 Safety Zone; Ohio River,
Miles 73 to 74, Wellsburg, WV.
khammond on DSK30JT082PROD with RULES
[Docket Number USCG–2018–0168]
Safety Zone; Ohio River, Louisville, KY
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.
(a) Location. The following area is a
safety zone: all navigable waters of the
Ohio River, extending the entire width
of the river, from mile marker (MM) 73
to MM 74.
(b) Effective period. This section is
effective from 11:30 p.m. on December
31, 2018 through 12:45 a.m. on January
1, 2019.
(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
Marine Safety Unit Pittsburgh (COTP) or
a designated representative. A
designated representative is a
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
USCG Marine Safety Unit Pittsburgh.
(2) Persons and vessels seeking entry
into this safety zone must request
permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or by
telephone at (412) 221–0807.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful instructions of the COTP
or a designated representative.
Jkt 247001
33 CFR Part 165
RIN 1625–AA00
1. The authority citation for part 165
continues to read as follows:
■
16:19 Dec 26, 2018
Dated: December 20, 2018.
A.W. Demo,
Commander, U.S. Coast Guard, Captain of
the Port Marine Safety Unit Pittsburgh.
[FR Doc. 2018–28132 Filed 12–26–18; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement period for the safety zone
as well as any changes in the schedule
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Broadcasts (MSIBs) as
appropriate.
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing an emergency temporary
safety zone for all navigable waters of
the Ohio River extending from mile
marker (MM) 530.6 to MM 533.0. This
emergency safety zone is needed to
protect life, vessels, and the marine
environment due to the increase in river
level, extreme currents and excessive
drift causing vessels to allide with
Markland Lock and Dam. Entry of
vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative.
DATES: This rule is effective without
actual notice from December 27, 2018
through January 20, 2019. For the
purposes of enforcement, actual notice
will be used from December 20, 2018
until December 27, 2018.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
0168 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Petty Officer Riley Jackson, Sector
Ohio Valley, U.S. Coast Guard;
telephone 502–779–5347, email
SECOHV-WWM@uscg.mil.
SUMMARY:
PO 00000
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66625
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 and contrary to the public
interest. In the past 36 hours, increase
in the river level, extreme currents and
excessive drift were noted as causal
factors for two allisions with the long
wall to the Markland Lock approach.
The safety zone must be established
immediately to protect people and
vessels transiting the Ohio River, and
we 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 public
interest because immediate action is
needed to protect personnel, vessels,
and the marine environment from
potential hazards due to the increase in
the river level, and extreme currents and
drift conditions.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with the river
current at Markland Lock and Dam will
be a safety concern for anyone on within
the 3.6-mile span of the Ohio River.
This rule is necessary to protect
persons, vessels, and the marine
environment in the navigable waters
within the safety zone.
E:\FR\FM\27DER1.SGM
27DER1
66626
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
IV. Discussion of the Rule
The Coast Guard is establishing a
temporary emergency safety zone for all
navigable waters on the Ohio River from
Mile Marker (MM) 530.6 and MM 533.0,
extending the entire width of the Ohio
River. Transit into and through this area
is prohibited for all traffic beginning
December 20, 2018 and will continue
through January 20, 2019 or until the
hazard has been decreased, whichever
occurs first. The COTP or a designated
representative will terminate the
enforcement of this safety zone before
January 20, 2019 if the river conditions
decrease. Entry into this safety zone is
prohibited unless specifically
authorized by the COTP or his
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
Requests for entry will be considered
and reviewed on a case-by-case basis.
The COTP may be contacted by
telephone at 502–779–5422 or can be
reached by VHF–FM channel 16.
Persons and vessels permitted to enter
this safety zone must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
the designated 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.
khammond on DSK30JT082PROD with RULES
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-year of the safety zone. This
safety zone will restrict vessel traffic
from entering or transiting within a 3.6
mile area of navigable waterways on the
VerDate Sep<11>2014
16:19 Dec 26, 2018
Jkt 247001
Ohio River between MMs 530.6 and
533.0. Moreover, the Coast Guard will
issue Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
safety zone, and the rule allows vessels
to seek permission to enter the safety
zone.
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
temporary safety zone 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).
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Fmt 4700
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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, which
guides 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 L60(d) of Appendix A, Table
1 of DHS Instruction Manual 023–01–
001–01, Rev. 01. Because this safety
zone is established in response to an
emergency situation a Record of
Environmental Consideration (REC) is
not required, but if necessary, will be
E:\FR\FM\27DER1.SGM
27DER1
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
made available as 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 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:
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
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.
2. Add § 165.T08–0168 to read as
follows:
■
khammond on DSK30JT082PROD with RULES
Safety Zone; Ohio River,
(a) Location. The following area is a
safety zone: All navigable waters of the
Ohio River from Mile Marker (MM)
530.6 to MM 533.0, extending the entire
width of the river.
(b) Enforcement period. This section
is effective without actual notice from
December 27, 2018 through January 20,
2019, or until the hazard has decreased,
whichever occurs first. For the purposes
of enforcement, actual notice will be
used from December 20, 2018 until
December 27, 2018.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
of vessels or persons into this zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
(2) Vessels requiring entry into this
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
16:19 Dec 26, 2018
Jkt 247001
Copyright Office
37 CFR Parts 201, 202, 211, and 212
[Docket No. 2018–1]
■
VerDate Sep<11>2014
Dated: December 20, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2018–28131 Filed 12–26–18; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
§ 165.T08–0168
Louisville, KY.
502–779–5422 or on VHF–FM
channel16.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Streamlining the Single Application
and Clarifying Eligibility Requirements
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
amending its regulations to update the
eligibility requirements for its
application forms to reflect recent
technical updates. The final rule
clarifies that the Single Application may
be used to register one work that is
created and solely owned by one author
and is not a work made for hire. It also
confirms that this application may be
used to register one sound recording
and one musical work, literary work, or
dramatic work, notwithstanding the fact
that a sound recording and the work
embodied in that recording are separate
works. The final rule further clarifies
the eligibility requirements for the
Standard Application, which may be
used to register certain works that are
not eligible for the Single Application.
It updates the eligibility requirements
for the paper applications of both the
Single Application and Standard
Application by clarifying that these
forms may be certified with a typed,
printed, or handwritten signature, and
by eliminating the ‘‘short form’’ version
of these forms. The rule also makes
several technical amendments to the
regulations governing preregistration,
mask works, vessel designs, the unit of
publication registration option, and the
group registration option for database
updates.
SUMMARY:
PO 00000
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DATES:
66627
Effective January 28, 2019.
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of
Copyrights and Director of Registration
Policy and Practice; Erik Bertin, Deputy
Director of Registration Policy and
Practice; or Anna Bonny Chauvet,
Assistant General Counsel, by telephone
at 202–707–8040 or by email at rkas@
copyright.gov, ebertin@copyright.gov, or
achau@copyright.gov.
SUPPLEMENTARY INFORMATION: Section
408(a) of the Copyright Act provides
that a copyright owner or the owner of
any of the exclusive rights in a work
may seek a registration by delivering an
application, filing fee, and an
appropriate deposit to the U.S.
Copyright Office (the ‘‘Office’’). 17
U.S.C. 408(a). The statute gives the
Register of Copyrights the authority to
issue regulations concerning the specific
nature of the deposit that should be
submitted, the amount of the fee, and
the information that should be included
in the application. 17 U.S.C. 408(c)(1),
409(10), 702, 708(b).
On February 6, 2018, the Office issued
a notice of proposed rulemaking (the
‘‘NPRM’’) proposing to update the
regulations governing its application
forms to coincide with technical
upgrades to its current electronic
registration system. 83 FR 5227 (Feb. 6,
2018). The NPRM proposed changes to
the regulations governing the Single
Application to reflect changes in the
Office’s electronic registration system
and made a number of technical
amendments. With respect to the Single
Application, the proposed rule clarified
that the Single Application may be used
if (i) the claim is limited to one work,
(ii) the work was created by one
individual, (iii) all of the content
appearing in the work was created by
that individual, (iv) the author is sole
owner of all rights in the work, and (v)
the work is not a work made for hire.
See 83 FR at 5228, 5229.
One exception is made for sound
recordings that embody separate
musical, literary, or dramatic works.
The NPRM explained current Copyright
Office practice that the Single
Application may be used to register one
sound recording and one musical work,
literary work, or dramatic work together
if certain requirements have been met,
notwithstanding the fact that a sound
recording and the work embodied in
that recording are separate works. In
particular, (i) the author of the sound
recording and the work embodied in
that recording must be the same
individual, (ii) the author must own the
copyright in both works, and (iii) the
author must be the only performer
E:\FR\FM\27DER1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66625-66627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28131]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2018-0168]
RIN 1625-AA00
Safety Zone; Ohio River, Louisville, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing an emergency temporary safety
zone for all navigable waters of the Ohio River extending from mile
marker (MM) 530.6 to MM 533.0. This emergency safety zone is needed to
protect life, vessels, and the marine environment due to the increase
in river level, extreme currents and excessive drift causing vessels to
allide with Markland Lock and Dam. Entry of vessels or persons into
this zone is prohibited unless specifically authorized by the Captain
of the Port Sector Ohio Valley (COTP) or a designated representative.
DATES: This rule is effective without actual notice from December 27,
2018 through January 20, 2019. For the purposes of enforcement, actual
notice will be used from December 20, 2018 until December 27, 2018.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2018-0168 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Petty Officer Riley Jackson, Sector Ohio Valley, U.S.
Coast Guard; telephone 502-779-5347, email SECOHV-WWM@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 and contrary to
the public interest. In the past 36 hours, increase in the river level,
extreme currents and excessive drift were noted as causal factors for
two allisions with the long wall to the Markland Lock approach. The
safety zone must be established immediately to protect people and
vessels transiting the Ohio River, and we 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 public interest because immediate action
is needed to protect personnel, vessels, and the marine environment
from potential hazards due to the increase in the river level, and
extreme currents and drift conditions.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with the river current at Markland
Lock and Dam will be a safety concern for anyone on within the 3.6-mile
span of the Ohio River. This rule is necessary to protect persons,
vessels, and the marine environment in the navigable waters within the
safety zone.
[[Page 66626]]
IV. Discussion of the Rule
The Coast Guard is establishing a temporary emergency safety zone
for all navigable waters on the Ohio River from Mile Marker (MM) 530.6
and MM 533.0, extending the entire width of the Ohio River. Transit
into and through this area is prohibited for all traffic beginning
December 20, 2018 and will continue through January 20, 2019 or until
the hazard has been decreased, whichever occurs first. The COTP or a
designated representative will terminate the enforcement of this safety
zone before January 20, 2019 if the river conditions decrease. Entry
into this safety zone is prohibited unless specifically authorized by
the COTP or his designated representative. A designated representative
is a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley.
Requests for entry will be considered and reviewed on a case-by-
case basis. The COTP may be contacted by telephone at 502-779-5422 or
can be reached by VHF-FM channel 16. Persons and vessels permitted to
enter this safety zone must transit at their slowest safe speed and
comply with all lawful directions issued by the COTP or the designated
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
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-year of the safety zone. This safety
zone will restrict vessel traffic from entering or transiting within a
3.6 mile area of navigable waterways on the Ohio River between MMs
530.6 and 533.0. Moreover, the Coast Guard will issue Broadcast Notice
to Mariners via VHF-FM marine channel 16 about the safety zone, and the
rule allows vessels to seek permission to enter the safety zone.
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
temporary safety zone 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, which guides 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 L60(d) of Appendix A, Table 1 of
DHS Instruction Manual 023-01-001-01, Rev. 01. Because this safety zone
is established in response to an emergency situation a Record of
Environmental Consideration (REC) is not required, but if necessary,
will be
[[Page 66627]]
made available as 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 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. Add Sec. 165.T08-0168 to read as follows:
Sec. 165.T08-0168 Safety Zone; Ohio River, Louisville, KY.
(a) Location. The following area is a safety zone: All navigable
waters of the Ohio River from Mile Marker (MM) 530.6 to MM 533.0,
extending the entire width of the river.
(b) Enforcement period. This section is effective without actual
notice from December 27, 2018 through January 20, 2019, or until the
hazard has decreased, whichever occurs first. For the purposes of
enforcement, actual notice will be used from December 20, 2018 until
December 27, 2018.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley (COTP) or designated representative. A designated representative
is a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley.
(2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 502-779-5422 or on VHF-FM channel16.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners of any
changes in the planned schedule.
Dated: December 20, 2018.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2018-28131 Filed 12-26-18; 8:45 am]
BILLING CODE 9110-04-P
