Special Local Regulation; Ohio River, Louisville, KY, 13526-13528 [2019-06718]

Download as PDF 13526 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations khammond on DSKBBV9HB2PROD with RULES Enforcement of these regulations is necessary and intended to ensure safety of life on the navigable waters immediately prior to, during, and after these regattas or marine parades. During the aforementioned period, the Coast Guard will enforce restrictions upon, and control movement of, vessels in a specified area immediately prior to, during, and after regattas or marine parades. DATES: The regulations in 33 CFR 100.911 will be enforced at specified dates and times between April 20, 2019, and September 28, 2019. FOR FURTHER INFORMATION CONTACT: If you have questions on this document, call or email Tracy Girard, Prevention Department, telephone (313)568–9564, email Tracy.M.Girard@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the following special local regulations listed in 33 CFR part 100, Safety of Life on Navigable Waters, on the following dates and times: (1) § 100.911(a)(1) Hebda Cup Rowing Regatta Event, Wyandotte, MI. This special local regulation will be enforced from 7:00 a.m. to 5 p.m. on April 27, 2019. (2) § 100.911(a)(2) Wy-Hi Rowing Regatta, Wyandotte, MI. This special local regulation will be enforced from 7:30 a.m. to 5 p.m. on May 4, 2019. (3) § 100.911(a)(3) Wyandotte Rowing Regatta, Wyandotte, MI. This special local regulation will be enforced from 7:30 a.m. to 12 p.m. on April 20, 2019. (4) § 100.911(a)(4) Motor City Mile, Detroit, MI. This special local regulation will be enforced from 6 a.m. to 12 p.m. on June 28, 2019. (5) § 100.911(a)(6) Roar on the River, Trenton, MI. This special local regulation will be enforced from 8 a.m. to 8 p.m. each day from July 19, 2019 until July 21, 2019. (6) § 100.911(a)(9) Detroit Hydrofest Power Boat Race, Detroit, MI. This special local regulation will be enforced from 7 a.m. to 7 p.m. each day from August 23, 2019 until August 25, 2019. (7) § 100.911(a)(14) Frogtown Race Regatta, Toledo, OH. This special local regulation will be enforced from 7 a.m. to 5 p.m. on September 28, 2019. Special Local Regulations In accordance with § 100.901, entry into, transiting, or anchoring within these regulated areas is prohibited unless authorized by the Coast Guard patrol commander (PATCOM). The PATCOM may restrict vessel operation within the regulated area to vessels having particular operating characteristics. Vessels permitted to enter this regulated area must operate at a no- VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 wake speed and in a manner that will not endanger race participants or any other craft. The PATCOM may direct the anchoring, mooring, or movement of any vessel within this regulated area. A succession of sharp, short signals by whistle or horn from vessels patrolling the area under the direction of the PATCOM shall serve as a signal to stop. Vessels so signaled shall stop and shall comply with the orders of the PATCOM. Failure to do so may result in expulsion from the area, a Notice of Violation for failure to comply, or both. If it is deemed necessary for the protection of life and property, the PATCOM may terminate the marine event or the operation of any vessel within the regulated area. In accordance with the general regulations in § 100.35 of this part, the Coast Guard will patrol the regatta area under the direction of a designated Coast Guard Patrol Commander (PATCOM). The PATCOM may be contacted on Channel 16 (156.8 MHz) by the call sign ‘‘Coast Guard Patrol Commander.’’ Under the provisions of 33 CFR 100.928, vessels transiting within the regulated area shall travel at a no-wake speed and remain vigilant for event participants and safety craft. Additionally, vessels shall yield rightof-way for event participants and event safety craft and shall follow directions given by the Coast Guard’s on-scene representative or by event representatives during the event. The ‘‘on-scene representative’’ of the Captain of the Port Detroit is any Coast Guard commissioned, warrant, or petty officer who has been designated by the Captain of the Port Detroit to act on his behalf. The on-scene representative of the Captain of the Port Detroit will be aboard either a Coast Guard or Coast Guard Auxiliary vessel. The Captain of the Port Detroit or his designated on scene representative may be contacted via VHF Channel 16. The rules in this section shall not apply to vessels participating in the event or to government vessels patrolling the regulated area in the performance of their assigned duties. This document is issued under authority of 33 CFR 100.35 and 5 U.S.C. 552(a). If the Captain of the Port determines that any of these special local regulations need not be enforced for the full duration stated in this document, he may suspend such enforcement and notify the public of the suspension via a Broadcast Notice to Mariners. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Dated: April 1, 2019. Jeffrey W. Novak, Captain, U.S. Coast Guard, Captain of the Port Detroit. [FR Doc. 2019–06631 Filed 4–4–19; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2019–0163] RIN 1625–AA08 Special Local Regulation; Ohio River, Louisville, KY Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard is establishing a special local regulation for all navigable waters of the Ohio River from mile marker (MM) 597.0 to MM 607.0. This action is necessary to provide for the safety of life on these navigable waters near Louisville, KY, during the ‘‘Thunder over Louisville’’ event. Entry into, transiting through, or anchoring within this regulated area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. DATES: This rule is effective from 11 a.m. on April 12, 2019 through 11:59 p.m. on April 13, 2019. The rule will be enforced from 11 a.m. through 6 p.m. on April 12, 2019, and from noon through 11:59 p.m. on April 13, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– 0163 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 Joshua Herriott, Waterways Department Sector Ohio Valley, U.S. Coast Guard; telephone 502–779–5343, email SECOHV-WWM@uscg.mil. SUPPLEMENTARY INFORMATION: SUMMARY: 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 MM Mile Marker NPRM Notice of proposed rulemaking § Section U.S.C. United States Code E:\FR\FM\05APR1.SGM 05APR1 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations II. Background Information and Regulatory History The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing an NPRM with respect to this rule because it is impracticable. We must establish this special local regulation by April 12, 2019 and lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the rule. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because immediate action is necessary to prevent possible loss of life and property. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70041(a). The COTP has determined that potential hazards associated with ‘‘Thunder over Louisville’’ event will present a safety concern on all navigable waters of the Ohio River extending from mile marker (MM) 597.0 to MM 607.0. The purpose of this rule is to ensure the safety of life and vessels on these navigable waters before, during, and after the scheduled event. khammond on DSKBBV9HB2PROD with RULES IV. Discussion of the Rule This rule establishes a temporary special local regulation that will be enforced from 11 a.m. to 6 p.m. on April 12, 2019 and from noon to 11:59 p.m. on April 13, 2019. The temporary special local regulation will cover all navigable waters of the Ohio River from MM 597.0 to MM 607.0. The duration of the special local regulation is intended to ensure the safety of waterway users on these navigable waters before, during, and after the scheduled event. No vessel or person is permitted to enter the special local regulated area without obtaining permission from the COTP or a designated representative. All persons or vessels desiring entry into or passage through the area must request permission from the COTP or a designated representative. U.S. Coast VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1–800–253–7465. Recreational vessels are permitted to transit the regulated area, but are restricted to the Indiana side of the navigation channel. There shall be no anchoring or loitering in the navigation channel. There is a no-entry zone starting at Ohio River Mile Marker (MM) 602.7 through MM 607.0. Recreational vessels transiting into and away from this area are restricted to the slowest safe speed creating minimum wake. The COTP may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive orders, and we discuss First Amendment rights of protestors. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, this rule has not been reviewed by the Office of Management and Budget (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the special local regulation. This rule impacts ten miles of the Ohio River over two days. Entry into the regulated area will be prohibited from 11 a.m. through 6 p.m. on April 12, 2019 and from noon through 11:59 p.m. on April 13, 2019 from Ohio River MM 597.0 to MM 607.0, unless authorized by the COTP or a designated representative. Moreover, the Coast Guard will issue written Local Notice to Mariners and Broadcast Notice to Mariners via VHF–FM marine channel 16 about the temporary special local regulation that is in place. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 13527 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 this temporary special local regulation, may be small entities, for the reasons stated in section V.A. above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism E:\FR\FM\05APR1.SGM 05APR1 13528 Federal Register / Vol. 84, No. 66 / Friday, April 5, 2019 / Rules and Regulations 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. khammond on DSKBBV9HB2PROD with RULES F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a special local regulated area lasting seven hours on April 12, 2019 and approximately 12 hours on April 13, 2019 on all navigable waters extending ten miles of the Ohio River. It is categorically excluded from further review under paragraph L61 of Figure 2–1 of the Commandant Instruction. A Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without VerDate Sep<11>2014 15:56 Apr 04, 2019 Jkt 247001 jeopardizing the safety or security of people, places or vessels. DEPARTMENT OF HOMELAND SECURITY List of Subjects in 33 CFR Part 100 Coast Guard Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS 1. The authority citation for part 100 continues to read as follows: ■ Authority: 46 U.S.C. 70041; 33 CFR 1.05– 1. 2. Add § 100.35T08–0163 to read as follows: ■ § 100.35T08–0163 Special Local Regulation; Ohio River, Louisville, KY. (a) Location. All navigable waters of the Ohio River from mile marker (MM) 597.0 to MM 607.0 in Louisville, KY. (b) Effective period. This section is effective from 11 a.m. on April 12, 2019 through 11:59 p.m. on April 13, 2019. (c) Enforcement period. The section will be enforced from 11 a.m. through 6 p.m. on April 12, 2019, and from noon through 11:59 p.m. on April 13, 2019. (d) Special local regulations. (1) In accordance with the general regulations in § 100.35, entry into this area is prohibited unless authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. (2) Recreational vessels are permitted to transit the regulated area, but are restricted to the Indiana side of the navigation channel. There shall be no anchoring or loitering in the navigation channel. There is a no-entry zone starting at Ohio River Mile Marker (MM) 602.7 through MM 607.0. Recreational vessels transiting into and away from this area are restricted to the slowest safe speed creating minimum wake. (3) The COTP may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property. (4) All persons or vessels desiring entry into or passage through the area must request permission from the COTP or a designated representative. U.S. Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1–800–253–7465. Dated: March 29, 2019. M.B. Zamperini, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2019–06718 Filed 4–4–19; 8:45 am] BILLING CODE 9110–04–P PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 33 CFR Part 165 [Docket Number USCG–2019–0206] RIN 1625–AA87 Security Zones; Corpus Christi Ship Channel, Corpus Christi, TX Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: The Coast Guard establishes two security zones. One of the zones is a temporary fixed security zone for the receiving facility’s mooring basin while the Liquefied Natural Gas Carrier (LNGC) GASLOG SYDNEY is moored at the facility. The other zone is a moving security zone encompassing all navigable waters within a 500-yard radius around the LNGC GASLOG SYDNEY while the vessel transits with cargo in the La Quinta Channel and Corpus Christi Ship Channel in Corpus Christi, TX. The security zones are needed to protect personnel, vessels, and the marine environment from potential hazards created by Liquified Natural Gas (LNG) cargo aboard the vessel. Entry of vessels and persons into these zones is prohibited unless specifically authorized by the Captain of the Port Sector Corpus Christi. DATES: This rule is effective without actual notice from April 5, 2019 until April 6, 2019. For the purposes of enforcement, actual notice will be used from April 1, 2019 until April 5, 2019. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http:// www.regulations.gov, type USCG–2019– 0206 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 Kevin Kyles, Sector Corpus Christi Waterways Management Division, U.S. Coast Guard; telephone 361–939–5125, email Kevin.L.Kyles@ uscg.mil. SUMMARY: SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector Corpus Christi DHS Department of Homeland Security FR Federal Register LNGC Liquefied Natural Gas Carrier NPRM Notice of proposed rulemaking § Section E:\FR\FM\05APR1.SGM 05APR1

Agencies

[Federal Register Volume 84, Number 66 (Friday, April 5, 2019)]
[Rules and Regulations]
[Pages 13526-13528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06718]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2019-0163]
RIN 1625-AA08


Special Local Regulation; Ohio River, Louisville, KY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for 
all navigable waters of the Ohio River from mile marker (MM) 597.0 to 
MM 607.0. This action is necessary to provide for the safety of life on 
these navigable waters near Louisville, KY, during the ``Thunder over 
Louisville'' event. Entry into, transiting through, or anchoring within 
this regulated area is prohibited unless authorized by the Captain of 
the Port Sector Ohio Valley (COTP) or a designated representative.

DATES: This rule is effective from 11 a.m. on April 12, 2019 through 
11:59 p.m. on April 13, 2019. The rule will be enforced from 11 a.m. 
through 6 p.m. on April 12, 2019, and from noon through 11:59 p.m. on 
April 13, 2019.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0163 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 Joshua Herriott, Waterways Department Sector Ohio 
Valley, U.S. Coast Guard; telephone 502-779-5343, email [email protected].

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
MM Mile Marker
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

[[Page 13527]]

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior 
notice and opportunity to comment pursuant to authority under section 
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM with respect to this rule 
because it is impracticable. We must establish this special local 
regulation by April 12, 2019 and lack sufficient time to provide a 
reasonable comment period and then consider those comments before 
issuing the rule.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be contrary to the public interest because immediate 
action is necessary to prevent possible loss of life and property.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041(a). The COTP has determined that potential hazards associated 
with ``Thunder over Louisville'' event will present a safety concern on 
all navigable waters of the Ohio River extending from mile marker (MM) 
597.0 to MM 607.0. The purpose of this rule is to ensure the safety of 
life and vessels on these navigable waters before, during, and after 
the scheduled event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation that 
will be enforced from 11 a.m. to 6 p.m. on April 12, 2019 and from noon 
to 11:59 p.m. on April 13, 2019. The temporary special local regulation 
will cover all navigable waters of the Ohio River from MM 597.0 to MM 
607.0. The duration of the special local regulation is intended to 
ensure the safety of waterway users on these navigable waters before, 
during, and after the scheduled event. No vessel or person is permitted 
to enter the special local regulated area without obtaining permission 
from the COTP or a designated representative. All persons or vessels 
desiring entry into or passage through the area must request permission 
from the COTP or a designated representative. U.S. Coast Guard Sector 
Ohio Valley may be contacted on VHF Channel 13 or 16, or at 1-800-253-
7465.
    Recreational vessels are permitted to transit the regulated area, 
but are restricted to the Indiana side of the navigation channel. There 
shall be no anchoring or loitering in the navigation channel. There is 
a no-entry zone starting at Ohio River Mile Marker (MM) 602.7 through 
MM 607.0. Recreational vessels transiting into and away from this area 
are restricted to the slowest safe speed creating minimum wake.
    The COTP may terminate the event or the operation of any vessel at 
any time it is deemed necessary for the protection of life or property.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. This rule has not been 
designated a ``significant regulatory action,'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the special local regulation. 
This rule impacts ten miles of the Ohio River over two days. Entry into 
the regulated area will be prohibited from 11 a.m. through 6 p.m. on 
April 12, 2019 and from noon through 11:59 p.m. on April 13, 2019 from 
Ohio River MM 597.0 to MM 607.0, unless authorized by the COTP or a 
designated representative. Moreover, the Coast Guard will issue written 
Local Notice to Mariners and Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the temporary special local regulation that is 
in place.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
will not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit this 
temporary special local regulation, may be small entities, for the 
reasons stated in section V.A. above, this rule will not have a 
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism

[[Page 13528]]

principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that 
this action is one of a category of actions that do not individually or 
cumulatively have a significant effect on the human environment. This 
rule involves a special local regulated area lasting seven hours on 
April 12, 2019 and approximately 12 hours on April 13, 2019 on all 
navigable waters extending ten miles of the Ohio River. It is 
categorically excluded from further review under paragraph L61 of 
Figure 2-1 of the Commandant Instruction. A Record of Environmental 
Consideration supporting this determination is available in the docket 
where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.


0
2. Add Sec.  100.35T08-0163 to read as follows:


Sec.  100.35T08-0163  Special Local Regulation; Ohio River, Louisville, 
KY.

    (a) Location. All navigable waters of the Ohio River from mile 
marker (MM) 597.0 to MM 607.0 in Louisville, KY.
    (b) Effective period. This section is effective from 11 a.m. on 
April 12, 2019 through 11:59 p.m. on April 13, 2019.
    (c) Enforcement period. The section will be enforced from 11 a.m. 
through 6 p.m. on April 12, 2019, and from noon through 11:59 p.m. on 
April 13, 2019.
    (d) Special local regulations. (1) In accordance with the general 
regulations in Sec.  100.35, entry into this area is prohibited unless 
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a 
designated representative.
    (2) Recreational vessels are permitted to transit the regulated 
area, but are restricted to the Indiana side of the navigation channel. 
There shall be no anchoring or loitering in the navigation channel. 
There is a no-entry zone starting at Ohio River Mile Marker (MM) 602.7 
through MM 607.0. Recreational vessels transiting into and away from 
this area are restricted to the slowest safe speed creating minimum 
wake.
    (3) The COTP may terminate the event or the operation of any vessel 
at any time it is deemed necessary for the protection of life or 
property.
    (4) All persons or vessels desiring entry into or passage through 
the area must request permission from the COTP or a designated 
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on 
VHF Channel 13 or 16, or at 1-800-253-7465.

    Dated: March 29, 2019.
M.B. Zamperini,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-06718 Filed 4-4-19; 8:45 am]
 BILLING CODE 9110-04-P