Safety Zone; Tennessee River, Moors Resort and Marina Fireworks, Gilbertsville, KY, 27964-27966 [2019-12763]
Download as PDF
<![CDATA[
27964
Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Rules and Regulations
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 Environmental
Planning COMDTINST 5090.1 (series),
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 safety
zone lasting 21⁄2 hours that will prohibit
entry on the navigable waters of the
Upper Mississippi River between MM
614 and MM 615.5. It is categorically
excluded from further review under
paragraph L60(a) of Table 3–1 of U.S.
Coast Guard Environmental Planning
Implementing Procedures 5090.1. 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
33 CFR Part 165
khammond on DSKBBV9HB2PROD with RULES
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Jkt 247001
[Docket Number USCG–2019–0309]
RIN 1625–AA00
Safety Zone; Tennessee River, Moors
Resort and Marina Fireworks,
Gilbertsville, KY
1. The authority citation for part 165
continues to read as follows:
■
15:54 Jun 14, 2019
[FR Doc. 2019–12704 Filed 6–14–19; 8:45 am]
Coast Guard
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
VerDate Sep<11>2014
S.A. Stoermer,
Captain, U.S. Coast Guard, Captain of the
Port Sector Upper Mississippi River.
DEPARTMENT OF HOMELAND
SECURITY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
2. Add § 165.T08–0285 to read as
follows:
(a) Location. The following area is a
safety zone: All navigable waters of the
Upper Mississippi River between mile
markers (MM) 614 and MM 615.5.
(b) Period of enforcement. This
section will be enforced from 9 p.m.
through 11:30 p.m. on July 6, 2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23,
persons and vessels are prohibited from
entering the safety zone unless
authorized by the Captain of the Port
Sector Upper Mississippi River (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 Sector Upper Mississippi River.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted by telephone at (314) 269–
2332.
(3) If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public of the
enforcement date and times for this
safety zone, as well as any emergent
safety concerns that may delay the
enforcement of the zone through
Broadcast Notice to Mariners (BNM),
Local Notices to Mariners (LNMs), and/
or actual notice.
BILLING CODE 9110–04–P
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■
§ 165.T08–0285 Safety Zone; Upper
Mississippi River, Mile Markers 614 to 615.5,
Guttenberg, IA.
Coast Guard, DHS.
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Tennessee River.
SUMMARY:
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
This action is necessary and intended to
ensure safety of life on the navigable
waters of the United States immediately
prior to, during, and after a pyrotechnics
display near Moors Resort and Marina,
Gilbertsville, KY. 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 from 8:45
p.m. to 9:45 p.m. on July 3, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0309 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
rulemaking, call or email MST2 Dylan
Caikowski, MSU Paducah, U.S. Coast
Guard; telephone 270–442–1621 ext.
2120, email STL-SMB-MSUPaducahWWM@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 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 doing
so would be impracticable. It is
impracticable to publish an NPRM
because this safety zone must be
established by July 3, 2019, and we lack
sufficient time to provide a reasonable
comment period and then consider
those comments before issuing the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
E:\FR\FM\17JNR1.SGM
17JNR1
Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Rules and Regulations
hazards associated with a pyrotechnics
display on July 03, 2019, will be a safety
concern for anyone within a 600 foot
radius of the pyrotechnics display. This
rule is needed to protect personnel and
vessels in the navigable waters within
the safety zone prior to, during, and
after a pyrotechnics display.
IV. Discussion of the Rule
This rule establishes a safety zone
from 8:45 p.m. until 9:45 p.m. on July
3, 2019. The safety zone will cover all
navigable waters of the Tennessee River
at mile marker 30.5 within a 600-foot
radius from the fireworks launch site on
the entrance jetty to Moors Resort and
Marina in Gilbertsville, KY. The
duration of the zone is intended to
protect personnel and vessels in these
navigable waters prior to, during, and
after a pyrotechnic display. No vessel or
person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
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 DSKBBV9HB2PROD 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-day of the safety zone.
Vessel traffic will be able to safely
transit around this safety zone, which
will only impact a 600-foot radius
designated area of the Tennessee River
for one hour on July 03, 2019. Moreover,
the Coast Guard will issue a Broadcast
Notice to Mariners (BNMs) via VHF–FM
marine channel 16 to inform mariners
about the zone, and the rule allows
vessels to seek permission to enter the
zone.
VerDate Sep<11>2014
15:54 Jun 14, 2019
Jkt 247001
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 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
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
27965
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 safety
zone lasting only one hour that will
prohibit the entry of vessels and persons
within a 600-foot radius of the entrance
to Moors Resort and Marina at mile
marker 30.5 on the Tennessee River in
Gilbertsville, KY. 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.
E:\FR\FM\17JNR1.SGM
17JNR1
27966
Federal Register / Vol. 84, No. 116 / Monday, June 17, 2019 / Rules and Regulations
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.
[FR Doc. 2019–12763 Filed 6–14–19; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
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:
[EPA–HQ–OPP–2017–0487; FRL–9993–15]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
SUMMARY:
24-Epibrassinolide; Exemption From
the Requirement of a Tolerance
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 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.T08–0309 to read as
follows:
■
§ 165.T08–0309 Safety Zone; Tennessee
River, Moors Resort and Marina Fireworks,
Gilbertsville, KY.
(a) Location. The safety zone will
cover all navigable waters of the
Tennessee River at mile marker 30.5
within a 600-foot radius from the
fireworks launch site on the entrance
jetty to Moors Resort and Marina in
Gilbertsville, KY.
(b) Enforcement period. The rule in
this section will be enforced from 8:45
p.m. until 9:45 p.m. on July 3, 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
Sector Ohio Valley (COTP) or a
designated representative.
(2) Persons or vessels desiring to enter
into or pass through the zone must
request permission from the COTP or a
designated representative. They may be
contacted on VHF–FM Channel 16 or by
phone at 502–779–5400.
(3) If permission is granted, all
persons and vessels must transit at their
slowest safe speed and comply with all
lawful directions issued by the COTP or
a designated representative.
(d) Informational broadcasts. The
COTP or a designated representative
will inform the public through
broadcast notices to mariners of any
changes in the planned schedule.
VerDate Sep<11>2014
15:54 Jun 14, 2019
Jkt 247001
Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC
20460–0001; main telephone number:
(703) 305–7090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
List of Subjects in 33 CFR Part 165
■
khammond on DSKBBV9HB2PROD with RULES
Dated: June 11, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
This regulation establishes an
exemption from the requirement of a
tolerance for residues of 24epibrassinolide in or on all food
commodities when used in accordance
with label directions and good
agricultural practices. Suntton
International Inc., submitted a petition
to EPA under the Federal Food, Drug,
and Cosmetic Act (FFDCA), requesting
an exemption from the requirement of a
tolerance. This regulation eliminates the
need to establish a maximum
permissible level for residues of 24epibrassinolide under FFDCA.
DATES: This regulation is effective June
17, 2019. Objections and requests for
hearings must be received on or before
August 16, 2019, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2017–0487, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
Robert McNally, Biopesticides and
Pollution Prevention Division (7511P),
Office of Pesticide Programs,
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of 40 CFR part 180
through the Government Publishing
Office’s e-CFR site at https://
www.ecfr.gov/cgi-bin/text-idx?&
c=ecfr&tpl=/ecfrbrowse/Title40/40tab_
02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a(g), any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2017–0487 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
August 16, 2019. Addresses for mail and
hand delivery of objections and hearing
requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
E:\FR\FM\17JNR1.SGM
17JNR1
]]>Agencies
[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Rules and Regulations]
[Pages 27964-27966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12763]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0309]
RIN 1625-AA00
Safety Zone; Tennessee River, Moors Resort and Marina Fireworks,
Gilbertsville, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Tennessee River. This action is necessary and
intended to ensure safety of life on the navigable waters of the United
States immediately prior to, during, and after a pyrotechnics display
near Moors Resort and Marina, Gilbertsville, KY. 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 from 8:45 p.m. to 9:45 p.m. on July 3,
2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0309 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
rulemaking, call or email MST2 Dylan Caikowski, MSU Paducah, U.S. Coast
Guard; telephone 270-442-1621 ext. 2120, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
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 doing so would be impracticable. It
is impracticable to publish an NPRM because this safety zone must be
established by July 3, 2019, and we lack sufficient time to provide a
reasonable comment period and then consider those comments before
issuing the rule.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034 (previously 33 U.S.C. 1231). The Captain of the Port Sector Ohio
Valley (COTP) has determined that potential
[[Page 27965]]
hazards associated with a pyrotechnics display on July 03, 2019, will
be a safety concern for anyone within a 600 foot radius of the
pyrotechnics display. This rule is needed to protect personnel and
vessels in the navigable waters within the safety zone prior to,
during, and after a pyrotechnics display.
IV. Discussion of the Rule
This rule establishes a safety zone from 8:45 p.m. until 9:45 p.m.
on July 3, 2019. The safety zone will cover all navigable waters of the
Tennessee River at mile marker 30.5 within a 600-foot radius from the
fireworks launch site on the entrance jetty to Moors Resort and Marina
in Gilbertsville, KY. The duration of the zone is intended to protect
personnel and vessels in these navigable waters prior to, during, and
after a pyrotechnic display. No vessel or person will be permitted to
enter the safety zone without obtaining permission from the COTP or a
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-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will only
impact a 600-foot radius designated area of the Tennessee River for one
hour on July 03, 2019. Moreover, the Coast Guard will issue a Broadcast
Notice to Mariners (BNMs) via VHF-FM marine channel 16 to inform
mariners about the zone, and the rule allows vessels to seek permission
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
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 safety zone lasting only one hour that will prohibit the entry of
vessels and persons within a 600-foot radius of the entrance to Moors
Resort and Marina at mile marker 30.5 on the Tennessee River in
Gilbertsville, KY. 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.
[[Page 27966]]
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: 46 U.S.C. 70034, 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.T08-0309 to read as follows:
Sec. 165.T08-0309 Safety Zone; Tennessee River, Moors Resort and
Marina Fireworks, Gilbertsville, KY.
(a) Location. The safety zone will cover all navigable waters of
the Tennessee River at mile marker 30.5 within a 600-foot radius from
the fireworks launch site on the entrance jetty to Moors Resort and
Marina in Gilbertsville, KY.
(b) Enforcement period. The rule in this section will be enforced
from 8:45 p.m. until 9:45 p.m. on July 3, 2019.
(c) Regulations. (1) In accordance with the general regulations in
Sec. [thinsp]165.23, entry into this zone is prohibited unless
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative.
(2) Persons or vessels desiring to enter into or pass through the
zone must request permission from the COTP or a designated
representative. They may be contacted on VHF-FM Channel 16 or by phone
at 502-779-5400.
(3) If permission is granted, all persons and vessels must transit
at their slowest safe speed and comply with all lawful directions
issued by the COTP or a designated representative.
(d) 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: June 11, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-12763 Filed 6-14-19; 8:45 am]
BILLING CODE 9110-04-P
