Safety Zone; Cumberland River, Kentucky, 7288-7290 [2019-03832]
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7288
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
§ 100.35T07–0297
■
[Removed]
4. Remove § 100.35T07–0297
§ 100.701
[Amended]
5. In § 100.701, amend the table to
§ 100.701 as follows:
■ a. Add the heading ‘‘(a) COTP Zone
Miami; Special Local Regulations’’
before entry 1 at the top of the table.
■ b. Remove entries (a)1, 4, 6, and 9.
■ c. Redesignate entries (a)2, 3, 5, 7, 8,
and 10 through 15 as entries (a)1
through 11.
■ d. Remove entries (c)1, 2, 4, 5, 6, 10,
11, 12, and 13.
■ e. Redesignate entries (c)3, 7, 8, and 9
as entries (c)1 through 4.
■
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
6. 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.
§ 165.T07–0040
■
7. Remove § 165.T07–0040.
§ 165.T07–0161
■
[Removed]
9. Remove § 165.T07–0320.
§ 165.T07–0347
■
[Removed]
8. Remove § 165.T07–0161.
§ 165.T07–0320
■
[Removed]
[Removed]
10. Remove § 165.T07–0347.
§ 165.778
[Amended]
I. Table of Abbreviations
11. Amend § 165.778 by removing
paragraph (d).
■
Dated: February 27, 2019.
Peter J. Brown,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2019–03844 Filed 3–1–19; 8:45 a.m.]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0127]
RIN 1625–AA00
Safety Zone; Cumberland River,
Kentucky
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
SUMMARY:
VerDate Sep<11>2014
16:21 Mar 01, 2019
all navigable waters between mile
marker 0.0 and mile marker 3.0 of the
Cumberland River in Smithland,
Kentucky. The safety zone is needed to
protect personnel, vessels, and personal
property from potential hazards created
by vessel wake during a high water
event. Entry of vessels or persons into
this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Ohio Valley or a
designated representative.
DATES: This rule is effective without
actual notice from March 4, 2019 until
March 15, 2019. For the purposes of
enforcement, actual notice will be used
from February 26, 2019 until March 4,
2019. This rule will be enforced from
February 26, 2019 to March 15, 2019,
unless the lower gauge at Smithland
Lock and Dam falls below 50 feet, in
which case the enforcement of this rule
will be terminated.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0127 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 MST2 Dylan Caikowski, Marine
Safety Unit Paducah, U.S. Coast Guard;
telephone 270–442–1621 ext. 2120,
email STL-SMB-MSUPaducah-WWM@
uscg.mil.
SUPPLEMENTARY INFORMATION:
Jkt 247001
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. We must establish this
PO 00000
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Fmt 4700
Sfmt 4700
emergency safety zone by February 26,
2019 to ensure the safety of residents
and the protection of personal property
near the riverfront in Smithland,
Kentucky during a high water event.
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 delaying the effective
period will compromise the safety of
residents, vessels, and personal property
near the riverfront of Smithland,
Kentucky during a high water event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Ohio Valley
(COTP) has determined a safety zone is
needed to protect personnel, vessels,
and personal property from potential
hazards created by vessel wake during
a high water event.
IV. Discussion of the Rule
This rule establishes a safety zone
from February 26, 2019 to March 15,
2019 or when the lower gauge at
Smithland Lock and Dam falls below 50
feet, whichever occurs first. The safety
zone will cover all navigable waters
between mile marker 0.0 and mile
marker 3.0 of the Cumberland River in
Smithland, Kentucky. The duration of
the zone is intended to protect
personnel, vessels, and the personal
property in these navigable waters
during the high water event. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative. The COTP or
a designated representative will inform
the public through broadcast notices to
mariners of any changes in the planned
schedule.
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
E:\FR\FM\04MRR1.SGM
04MRR1
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
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, duration, and
location of the safety zone. This safety
zone will only be enforced for 18 days
on a three-mile stretch of the
Cumberland River near Smithland,
Kentucky, while the area is
experiencing a high water event. The
enforcement of the zone will be
terminated once the lower gauge at
Smithland Lock and Dam falls below 50
feet, whichever occurs first. While entry
is prohibited, vessels may request
permission from the COTP or a
designated representative to enter the
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
VerDate Sep<11>2014
16:21 Mar 01, 2019
Jkt 247001
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
Directive 023–01 and Commandant
Instruction M16475.1D, which guide the
Coast Guard in complying with the
PO 00000
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Fmt 4700
Sfmt 4700
7289
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 a
temporary safety zone that will cover all
navigable waters between mile marker
0.0 and mile marker 3.0 of the
Cumberland River in Smithland,
Kentucky. The safety zone is intended
to protect personnel, vessels, and
personal property in these navigable
waters during a high water event. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 01. 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 165
Harbors, Marine safety, Navigation
(water), Reporting and record keeping
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
1. The authority citation for part 165
continues to read as follows:
■
Authority: 46 U.S.C. 70034; 46 U.S.C.
70051; 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.T08–0127 to read as
follows:
■
§ 165.T08–0127 Safety Zone; Cumberland
River, Smithland, KY.
(a) Location. The safety zone will
encompass all waters of the Cumberland
River between mile marker 0.0 and mile
marker 3.0.
(b) Effective dates. This section is
effective without actual notice from
March 4, 2019 until March 15, 2019. For
the purposes of enforcement, actual
notice will be used from February 26,
2019 until March 4, 2019.
E:\FR\FM\04MRR1.SGM
04MRR1
7290
Federal Register / Vol. 84, No. 42 / Monday, March 4, 2019 / Rules and Regulations
(c) Period of enforcement. This
section will be enforced from February
26, 2019 to March 15, 2019, unless the
lower gauge at Smithland Lock and Dam
falls below 50 feet, in which case the
enforcement of this rule will be
terminated.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry into this safety zone
is prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
(2) Persons or vessels desiring entry to
or passage through the 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 502–779–5400.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(e) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of any
changes in the planned schedule.
Dated: February 26, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–03832 Filed 3–1–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2018–0713]
RIN 1625–AA00
Safety Zone; Chicago Harbor, Navy
Pier Southeast, Chicago, IL
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
The Coast Guard is modifying
the Navy Pier Southeast Safety Zone
within the Chicago Harbor. This action
is necessary to alleviate congestion near
the Chicago Lock during regularly
scheduled fireworks events. The current
safety zone encompasses part of the lock
restricting vessels during events. This
rule allows the lock to remain in full
operation during the fireworks display.
DATES: This rule is effective April 3,
2019.
SUMMARY:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2018–
ADDRESSES:
VerDate Sep<11>2014
16:21 Mar 01, 2019
Jkt 247001
0713 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this rule, call
or email LT John Ramos, Waterways
Management Division, Marine Safety
Unit Chicago, U.S. Coast Guard;
telephone (630) 986–2155, email D09DG-MSUChicago-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 Captain of the Port (COTP) Lake
Michigan is modifying the size of the
established safety zone outlined in 33
CFR 165.931 (a) to allow for the Chicago
Lock to remain open during fireworks
displays. The current safety zone
encompasses all waters of Lake
Michigan within Chicago Harbor
bounded by coordinates beginning at
41°53′26.5″ N, 087°35′26.5″ W; then
south to 41°53′7.6″ N, 087°35′26.3″ W;
then west to 41°53′7.6″ N, 087°36′23.2″
W; then north to 41°53′26.5″ N,
087°36′24.6″ W; then east back to the
point of origin (NAD 83). The safety
zone in this final rule still ensures a safe
distance for spectators while allowing
the Chicago Lock to remain open during
the duration of the fireworks. The area
in this final rule encompasses all waters
of Lake Michigan within Chicago Harbor
bounded by coordinates beginning at
41°53′23.3″ N, 087°36′04.5″ W; then
south to 41°53′11.8″ N, 087°36′04.1″ W;
then west to 41°53′12.1″ N, 087°35′40.5″
W; then north to 41°53′23.6″ N,
087°35′40.07″ W; then east back to the
point of origin (NAD 83).
On September 13, 2018 the Coast
Guard published a notice of proposed
rulemaking (NPRM) in the Federal
Register titled Safety Zone; Chicago
Harbor, Navy Pier Southeast, Chicago,
IL, 33 CFR part 165 (83 FR 46449).
Included in the NPRM was an
invitation to make comments on the
proposed regulatory action for the
modification of the size of the Navy Pier
Southeast Safety Zone. The Coast Guard
received 14 comments during the
comment period, which ended October
15, 2018.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 33 U.S.C. 1231. The
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Fmt 4700
Sfmt 4700
COTP Lake Michigan has determined
that modifying the preexisting safety
zone will reduce congestion near the
Chicago Lock. This rule would not
significantly change the regulatory
language found in 33 CFR 165.931. The
change will only moderately reduce the
size of the safety zone with updated
coordinates, found in 33 CFR 165.931
(a). The purpose of this rule is to protect
the safety of vessels and persons in the
safety zone before, during, and after
scheduled events while allowing the
Chicago Lock to remain open for vessel
traffic.
IV. Discussion of Comments, Changes,
and the Rule
As noted above, The Coast Guard
received fourteen (14) comments on our
NPRM published September 13, 2018.
There were ten (10) comments that
supported modifying the size of the
safety zone to allow the Chicago Lock
and Dam to remain open, allowing
vessels to proceed during the Fireworks
Display. There were two (2) comments
that were unrelated to the modification
of the Safety Zone and two (2)
comments that addressed congestion
and the safety issues of modifying the
size of the Safety Zone.
One of these comments
misinterpreted the authority under
which the safety zone is issued. The
commenter refers to 50 U.S.C. 191 but
that statute provides the authority for
security zones. See, 33 CFR 165.9(c). As
noted above in the ‘‘Legal Authority and
Need for Rule’’ section, this rule is
under authority in 33 U.S.C. 1231.
The other comment failed to
comprehend that the safety zone in this
final rule does allow vessel traffic to
safely proceed through the Chicago Lock
without entering the safety zone. The
safety zone in this final rule was
evaluated and we determined that the
reduction in size could be accomplished
safely while allowing the Chicago Lock
to remain open for vessel traffic.
Allowing the Lock to remain open
alleviates vessel congestion that is also
a safety concern.
After review, the Coast Guard
amended this final rule by updating the
coordinates outlined in the NPRM to
take into account applicable comments
and suggestions. The new safety zone
will encompass all waters of Lake
Michigan within Chicago Harbor
bounded by coordinates beginning at
41°53′23.3″ N, 087°36′04.5″ W; then
south to 41°53′11.8″ N, 087°36′04.1″ W;
then west to 41°53′12.1″ N, 087°35′40.5″
W; then north to 41°53′23.6″ N,
087°35′40.07″ W; then east back to the
point of origin (NAD 83).
E:\FR\FM\04MRR1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 42 (Monday, March 4, 2019)]
[Rules and Regulations]
[Pages 7288-7290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03832]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0127]
RIN 1625-AA00
Safety Zone; Cumberland River, Kentucky
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters between mile marker 0.0 and mile marker 3.0 of the
Cumberland River in Smithland, Kentucky. The safety zone is needed to
protect personnel, vessels, and personal property from potential
hazards created by vessel wake during a high water event. Entry of
vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley or a
designated representative.
DATES: This rule is effective without actual notice from March 4, 2019
until March 15, 2019. For the purposes of enforcement, actual notice
will be used from February 26, 2019 until March 4, 2019. This rule will
be enforced from February 26, 2019 to March 15, 2019, unless the lower
gauge at Smithland Lock and Dam falls below 50 feet, in which case the
enforcement of this rule will be terminated.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0127 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 MST2 Dylan Caikowski, Marine Safety Unit Paducah, U.S.
Coast Guard; telephone 270-442-1621 ext. 2120, email STL-SMB-MSUPaducah-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. We must
establish this emergency safety zone by February 26, 2019 to ensure the
safety of residents and the protection of personal property near the
riverfront in Smithland, Kentucky during a high water event.
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 delaying the
effective period will compromise the safety of residents, vessels, and
personal property near the riverfront of Smithland, Kentucky during a
high water event.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
a safety zone is needed to protect personnel, vessels, and personal
property from potential hazards created by vessel wake during a high
water event.
IV. Discussion of the Rule
This rule establishes a safety zone from February 26, 2019 to March
15, 2019 or when the lower gauge at Smithland Lock and Dam falls below
50 feet, whichever occurs first. The safety zone will cover all
navigable waters between mile marker 0.0 and mile marker 3.0 of the
Cumberland River in Smithland, Kentucky. The duration of the zone is
intended to protect personnel, vessels, and the personal property in
these navigable waters during the high water event. No vessel or person
will be permitted to enter the safety zone without obtaining permission
from the COTP or a designated representative. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of any changes in the planned schedule.
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
[[Page 7289]]
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,
duration, and location of the safety zone. This safety zone will only
be enforced for 18 days on a three-mile stretch of the Cumberland River
near Smithland, Kentucky, while the area is experiencing a high water
event. The enforcement of the zone will be terminated once the lower
gauge at Smithland Lock and Dam falls below 50 feet, whichever occurs
first. While entry is prohibited, vessels may request permission from
the COTP or a designated representative to enter the 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
Directive 023-01 and Commandant Instruction M16475.1D, 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
a temporary safety zone that will cover all navigable waters between
mile marker 0.0 and mile marker 3.0 of the Cumberland River in
Smithland, Kentucky. The safety zone is intended to protect personnel,
vessels, and personal property in these navigable waters during a high
water event. It is categorically excluded from further review under
paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-
01-001-01, Rev. 01. 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 165
Harbors, Marine safety, Navigation (water), Reporting and record
keeping 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: 46 U.S.C. 70034; 46 U.S.C. 70051; 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.T08-0127 to read as follows:
Sec. 165.T08-0127 Safety Zone; Cumberland River, Smithland, KY.
(a) Location. The safety zone will encompass all waters of the
Cumberland River between mile marker 0.0 and mile marker 3.0.
(b) Effective dates. This section is effective without actual
notice from March 4, 2019 until March 15, 2019. For the purposes of
enforcement, actual notice will be used from February 26, 2019 until
March 4, 2019.
[[Page 7290]]
(c) Period of enforcement. This section will be enforced from
February 26, 2019 to March 15, 2019, unless the lower gauge at
Smithland Lock and Dam falls below 50 feet, in which case the
enforcement of this rule will be terminated.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into this safety zone is prohibited
unless authorized by the Captain of the Port Sector Ohio Valley (COTP)
or a designated representative.
(2) Persons or vessels desiring entry to or passage through the
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 502-779-5400.
(3) If permission is granted, all persons and vessels shall comply
with the instructions of the COTP or designated representative.
(e) Informational broadcasts. The COTP or a designated
representative will inform the public through broadcast notices to
mariners of any changes in the planned schedule.
Dated: February 26, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-03832 Filed 3-1-19; 8:45 am]
BILLING CODE 9110-04-P
