Safety Zone; Ohio River, Brookport, IL, 34299-34302 [2019-15273]
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<![CDATA[
Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
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.
khammond on DSKBBV9HB2PROD with RULES
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 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 3 and 1⁄2 hours that will
prohibit any vessel entry within 500
VerDate Sep<11>2014
15:57 Jul 17, 2019
Jkt 247001
yards of the swim event of the Ironman
Triathlon. It is categorically excluded
from further review under paragraph L
[60] a in 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
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
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.T09–0577 to read as
follows:
■
§ 165.T09–0577 Safety Zone; Traverse City
Ironman Triathlon, Traverse City, MI.
(a) Location. The temporary safety
zone will encompass all U.S. navigable
waters of the Southern West Arm of
Grand Traverse Bay 500 yards around
the following area, beginning at the
swim coral located west of City Marina
and finishing at Clinch Park Beach,
encompassing the following area,
beginning point of 044°46.104 N
085°37.772 W, to the first turn at point
44°46.15.7 N 085°37.48 W to the second
turn at point 44°46.70 N 085°36.59 W to
the finishing point of 044°45.947 N
085°37.160 W.
(b) Effective and enforcement period.
The regulation in this section is
effective and will be enforced from 6:15
a.m. through 9:45 a.m. on August 25,
2019.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into, transiting, or anchoring within this
temporary safety zone is prohibited
unless authorized by the Captain of the
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34299
Port, Sault Sainte Marie or his or her onscene representative.
(2) This temporary safety zone is
closed to all vessel traffic, except as may
be permitted by the Captain of the Port,
Sault Sainte Marie or his on-scene
representative.
(3) The ‘‘on-scene representative’’ of
the Captain of the Port, Sault Sainte
Marie is any Coast Guard
commissioned, warrant or petty officer
who has been designated by the Captain
of the Port, Sault Sainte Marie to act on
his or her behalf. The on-scene
representative of the Captain of the Port,
Sault Sainte Marie will be aboard a
Coast Guard vessel.
(4) Vessel Operators desiring to enter
or operate within the temporary safety
zone shall contact the Captain of the
Port, Sault Sainte Marie, or his on-scene
representative to obtain permission to
do so. The Captain of the Port, Sault
Sainte Marie or his or her on-scene
representative may be contacted via
VHF Channel 16 or at (906) 635–3319.
Vessel operators given permission to
enter or operate in the temporary safety
zone must comply with all directions
given to them by the Captain of the Port,
Sault Sainte Marie or his or her onscene representative.
Dated: July 15, 2019.
P.S. Nelson,
Captain, U.S. Coast Guard, Captain of the
Port Sault Sainte Marie.
[FR Doc. 2019–15321 Filed 7–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0486]
RIN 1625–AA00
Safety Zone; Ohio River, Brookport, IL
Coast Guard, DHS.
Interim final rule and request
for comments.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
a portion of the Ohio River in
Brookport, IL. This action is necessary
to protect personnel, vessels, and the
marine environment from potential
hazards created by the demolition of
Lock and Dam 52 involving explosives.
Entry of vessels or persons into this
zone is prohibited unless specifically
authorized by the Captain of the Port
Ohio Valley or a designated
representative.
SUMMARY:
E:\FR\FM\18JYR1.SGM
18JYR1
34300
Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
This rule is effective without
actual notice from July 18, 2019 until
December 1, 2019. For the purposes of
enforcement, actual notice will be used
from July 15, 2019 until July 18, 2019.
Comments and related material must be
received by the Coast Guard on or before
August 19, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0486 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, MSU
Paducah, U.S. Coast Guard; telephone
270–442–1621 ext. 2120, email STLSMB-MSUPaducah-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
DATES:
I. Table of Abbreviations
khammond on DSKBBV9HB2PROD with RULES
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 it is
impracticable.
It is impracticable to publish an
NPRM because this safety zone must be
established by July 15, 2019, and we
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this interim rule effective less
than 30 days after publication in the
Federal Register. For the same reasons
discussed in the preceding paragraph,
waiting for a 30 day notice period to run
would be impracticable. Delaying the
effective date of this rule would be
contrary to the public interest because
immediate action is needed to respond
VerDate Sep<11>2014
15:57 Jul 17, 2019
Jkt 247001
to the potential safety hazards
associated with the demolition of Lock
and Dam 52 involving explosives.
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
hazards associated with demolition of
Lock and Dam 52 involving explosives
will be a safety concern for anyone on
the Ohio River from mile marker (MM)
937 to MM 941. This rule is needed to
protect personnel, vessels, and the
marine environment in the navigable
waters within the safety zone during the
demolition of Lock and Dam 52
involving explosives.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone that covers all navigable
waters of the Ohio River from MM 937
to MM 941. This rule will be enforced
every day at midday from July 15, 2019
through December 1, 2019 as necessary
to facilitate safe demolition of Lock and
Dam 52. Broadcast Notices to Mariners
(BNMs) will be issued six hours prior to
the start of blasting to notify the public
that the safety zone is being enforced.
Vessels will be able to transit the safety
zone when explosives are not being
detonated. This safety zone is intended
to protect personnel, vessels, and the
marine environment in these navigable
waters during the detonation of
explosives for the demolition. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative during
demolition operations involving
explosives.
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
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
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. This
safety zone will only be enforced
everyday for a short period of time and
only impact a small portion of the Ohio
River. Additionally, this safety zone will
only be enforced in daytime hours
during the demolition operations of the
Lock and Dam 52.
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.
E:\FR\FM\18JYR1.SGM
18JYR1
Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
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.
khammond on DSKBBV9HB2PROD with RULES
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 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
temporary safety zone for the
demolition of Lock and Dam 52
VerDate Sep<11>2014
15:57 Jul 17, 2019
Jkt 247001
involving explosives on the Ohio River
in Brookport, IL. It is categorically
excluded from further review under
paragraph L60(a) in 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. We seek any
comments or information that may lead
to the discovery of a significant
environmental impact from this rule.
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.
VI . Public Participation and Request
for Comments
We view public participation as
essential to effective rulemaking, and
will consider all comments and material
received during the comment period.
Your comment can help shape the
outcome of this rulemaking. If you
submit a comment, please include the
docket number for this rulemaking,
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation.
We encourage you to submit
comments through the Federal
eRulemaking Portal at https://
www.regulations.gov. If your material
cannot be submitted using https://
www.regulations.gov, contact the person
in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
We accept anonymous comments. All
comments received will be posted
without change to https://
www.regulations.gov and will include
any personal information you have
provided. For more about privacy and
the docket, visit https://
www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM
as being available in the docket, and all
public comments, will be in our online
docket at https://www.regulations.gov
and can be viewed by following that
website’s instructions. Additionally, if
you go to the online docket and sign up
for email alerts, you will be notified
when comments are posted or a final
rule is published.
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34301
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
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.T08–0486 to read as
follows:
■
§ 165.T08–0486
Brookport, IL
Safety Zone; Ohio River,
(a) Location. The safety zone will
cover all navigable waters of the Ohio
River from mile marker (MM) 937 to
MM 941.
(b) Effective period. This section is
effective without actual notice from July
18, 2019 until December 1, 2019. For the
purposes of enforcement, actual notice
will be used from July 15, 2019 until
July 18, 2019.
(b) Enforcement period. This section
will be enforced every day at midday
from July 15, 2019 through December 1,
2019, as necessary to facilitate safe
demolition operations.
(c) Regulations.
(1) In accordance with the general
regulations in § 165.23 of this part, entry
of vessels or persons into the zone is
prohibited unless specifically
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or
designated representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Ohio Valley.
(2) Vessels requiring entry into the
safety zone must request permission
from the COTP or a designated
representative. To seek entry into the
safety zone, contact the COTP or the
COTP’s representative by telephone at
502–779–5422 or on VHF–FM channel
16.
(3) Persons and vessels permitted to
enter the safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public when the safety zone
is being enforced via a Broadcast
Notices to Mariners.
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34302
Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Rules and Regulations
Dated: July 12, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–15273 Filed 7–17–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0514]
RIN 1625–AA00
Safety Zone; Cumberland River, Grand
Rivers, KY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Cumberland
River. This action is necessary to ensure
safety of life on these navigable waters
immediately prior to, during, and after
a pyrotechnics display near Green
Turtle Bay Resort, Grand Rivers, 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.
SUMMARY:
This rule is effective from 8:15
p.m. through 9:45 p.m. on August 17,
2019.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0514 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:
ADDRESSES:
khammond on DSKBBV9HB2PROD with RULES
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
VerDate Sep<11>2014
15:57 Jul 17, 2019
Jkt 247001
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 August 17, 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
hazards associated with a pyrotechnics
display on August 17, 2019, will be a
safety concern for anyone within a 420foot 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 8:15 p.m. until 9:45 p.m. on
August 17, 2019. The safety zone will
cover all navigable waters within a 420foot radius from the pyrotechnics
launch site at the entrance to Green
Turtle Bay Resort at mile marker 31.5 on
the Cumberland River in Grand Rivers,
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
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
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, and
duration of the safety zone. Vessel
traffic will be able to safely transit
around this safety zone, which will
impact a 420-foot radius designated area
of the Cumberland River for one hour
and thirty minutes on August 17, 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
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
E:\FR\FM\18JYR1.SGM
18JYR1
]]>Agencies
[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Rules and Regulations]
[Pages 34299-34302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15273]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0486]
RIN 1625-AA00
Safety Zone; Ohio River, Brookport, IL
AGENCY: Coast Guard, DHS.
ACTION: Interim final rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary safety zone on a
portion of the Ohio River in Brookport, IL. This action is necessary to
protect personnel, vessels, and the marine environment from potential
hazards created by the demolition of Lock and Dam 52 involving
explosives. Entry of vessels or persons into this zone is prohibited
unless specifically authorized by the Captain of the Port Ohio Valley
or a designated representative.
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DATES: This rule is effective without actual notice from July 18, 2019
until December 1, 2019. For the purposes of enforcement, actual notice
will be used from July 15, 2019 until July 18, 2019. Comments and
related material must be received by the Coast Guard on or before
August 19, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0486 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, 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 it is impracticable.
It is impracticable to publish an NPRM because this safety zone
must be established by July 15, 2019, and we lack sufficient time to
provide a reasonable comment period and then consider those comments
before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this interim rule effective less than 30 days after
publication in the Federal Register. For the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable. Delaying the effective date of this rule would
be contrary to the public interest because immediate action is needed
to respond to the potential safety hazards associated with the
demolition of Lock and Dam 52 involving explosives.
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 hazards associated with
demolition of Lock and Dam 52 involving explosives will be a safety
concern for anyone on the Ohio River from mile marker (MM) 937 to MM
941. This rule is needed to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone during the
demolition of Lock and Dam 52 involving explosives.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that covers all
navigable waters of the Ohio River from MM 937 to MM 941. This rule
will be enforced every day at midday from July 15, 2019 through
December 1, 2019 as necessary to facilitate safe demolition of Lock and
Dam 52. Broadcast Notices to Mariners (BNMs) will be issued six hours
prior to the start of blasting to notify the public that the safety
zone is being enforced. Vessels will be able to transit the safety zone
when explosives are not being detonated. This safety zone is intended
to protect personnel, vessels, and the marine environment in these
navigable waters during the detonation of explosives for the
demolition. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative during demolition operations involving explosives.
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. This safety
zone will only be enforced everyday for a short period of time and only
impact a small portion of the Ohio River. Additionally, this safety
zone will only be enforced in daytime hours during the demolition
operations of the Lock and Dam 52.
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.
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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 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 temporary safety zone for the
demolition of Lock and Dam 52 involving explosives on the Ohio River in
Brookport, IL. It is categorically excluded from further review under
paragraph L60(a) in 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. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this rule.
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.
VI . Public Participation and Request for Comments
We view public participation as essential to effective rulemaking,
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions.
We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and the
docket, visit https://www.regulations.gov/privacyNotice.
Documents mentioned in this NPRM as being available in the docket,
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's
instructions. Additionally, if you go to the online docket and sign up
for email alerts, you will be notified when comments are posted or a
final rule is published.
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.T08-0486 to read as follows:
Sec. 165.T08-0486 Safety Zone; Ohio River, Brookport, IL
(a) Location. The safety zone will cover all navigable waters of
the Ohio River from mile marker (MM) 937 to MM 941.
(b) Effective period. This section is effective without actual
notice from July 18, 2019 until December 1, 2019. For the purposes of
enforcement, actual notice will be used from July 15, 2019 until July
18, 2019.
(b) Enforcement period. This section will be enforced every day at
midday from July 15, 2019 through December 1, 2019, as necessary to
facilitate safe demolition operations.
(c) Regulations.
(1) In accordance with the general regulations in Sec. 165.23 of
this part, entry of vessels or persons into the zone is prohibited
unless specifically authorized by the Captain of the Port Sector Ohio
Valley (COTP) or designated representative. A designated representative
is a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Ohio
Valley.
(2) Vessels requiring entry into the safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's representative by
telephone at 502-779-5422 or on VHF-FM channel 16.
(3) Persons and vessels permitted to enter the safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(d) Information broadcasts. The COTP or a designated representative
will inform the public when the safety zone is being enforced via a
Broadcast Notices to Mariners.
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Dated: July 12, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-15273 Filed 7-17-19; 8:45 am]
BILLING CODE 9110-04-P
