Safety Zone; Ohio River, Owensboro, KY, 57666-57668 [2019-23479]
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khammond on DSKJM1Z7X2PROD with PROPOSALS
57666
Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Proposed Rules
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (j)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or Airbus SAS’s EASA Design Organization
Approval (DOA). If approved by the DOA,
the approval must include the DOAauthorized signature.
(3) Required for Compliance (RC): For any
service information referenced in EASA AD
2019–0190 that contains RC procedures and
tests: Except as required by paragraph (i)(2)
of this AD, RC procedures and tests must be
done to comply with this AD; any procedures
or tests that are not identified as RC are
recommended. Those procedures and tests
that are not identified as RC may be deviated
from using accepted methods in accordance
with the operator’s maintenance or
inspection program without obtaining
approval of an AMOC, provided the
procedures and tests identified as RC can be
done and the airplane can be put back in an
airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(4) Paperwork Reduction Act Burden
Statement: A federal agency may not conduct
or sponsor, and a person is not required to
respond to, nor shall a person be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork Reduction
Act unless that collection of information
displays a current valid OMB Control
Number. The OMB Control Number for this
information collection is 2120–0056. Public
reporting for this collection of information is
estimated to be approximately 1 hour per
response, including the time for reviewing
instructions, completing and reviewing the
collection of information. All responses to
this collection of information are mandatory.
Send comments regarding this burden
estimate or any other aspect of this collection
of information, including suggestions for
reducing this burden to: Information
Collection Clearance Officer, Federal
Aviation Administration, 10101 Hillwood
Parkway, Fort Worth, TX 76177–1524.
(j) Related Information
(1) For information about EASA AD 2019–
0190, contact the EASA, Konrad-AdenauerUfer 3, 50668 Cologne, Germany; telephone
+49 221 89990 6017; email ADs@
easa.europa.eu; Internet
www.easa.europa.eu. You may find this
VerDate Sep<11>2014
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EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Transport Standards
Branch, 2200 South 216th St., Des Moines,
WA. For information on the availability of
this material at the FAA, call 206–231–3195.
This material may be found in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2019–0722.
(2) For more information about this AD,
contact Dan Rodina, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3225.
Issued in Des Moines, Washington, on
October 18, 2019.
Michael Kaszycki,
Acting Manager, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–23394 Filed 10–25–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0820]
RIN 1625–AA00
Safety Zone; Ohio River, Owensboro,
KY
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard is proposing
a temporary safety zone for all navigable
waters of the Ohio River, extending the
entire width of the river, from mile
marker (MM) 756.4 to MM 757.4 in
Owensboro, KY. This safety zone is
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by a fireworks
display. Entry into, transiting through or
anchoring within this zone would be
prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
We invite your comments on this
proposed rulemaking.
DATES: Comments and related material
must be received by the Coast Guard on
or before November 27, 2019.
ADDRESSES: You may submit comments
identified by docket number USCG–
2019–0820 using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
further instructions on submitting
comments.
SUMMARY:
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If
you have questions about this proposed
rulemaking, call or email Petty Officer
Riley Jackson, Coast Guard Sector Ohio
Valley, Louisville, KY; telephone
(502)779–5347 or email
Riley.S.Jackson@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
II. Background, Purpose, and Legal
Basis
On September 9, 2019, the River View
Coal, LLC notified the Coast Guard that
it will be conducting a fireworks display
from 10 p.m. through 11 p.m. on
January 18, 2020, to celebrate the
previous year. The fireworks are to be
launched from a barge in the Ohio
River, between mile marker (MM) 756.4
and MM 757.4 in Owensboro, KY.
Hazards from firework displays include
accidental discharge of fireworks,
dangerous projectiles, and falling hot
embers or other debris. The Captain of
the Port Sector Ohio Valley (COTP) has
determined that potential hazards
associated with the fireworks to be used
in this display would be a safety
concern for anyone in the fallout radius.
The purpose of this rulemaking is to
ensure the safety of vessels and the
navigable waters within the 1-mile
stretch of the Ohio River before, during,
and after the scheduled event. The Coast
Guard is proposing this rulemaking
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a
safety zone from 10 p.m. through 11
p.m. on January 18, 2020. The safety
zone would cover the entire width of
the Ohio River from Mile Marker (MM)
756.4 to MM 757.4 in Owensboro, KY.
The duration of the zone is intended to
ensure the safety of vessels and these
navigable waters before, during, and
after the scheduled 10 p.m. through 11
p.m. fireworks display. No vessel or
person would be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
IV. Regulatory Analyses
We developed this proposed rule after
considering numerous statutes and
Executive orders related to rulemaking.
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Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Proposed Rules
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 NPRM has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, the NPRM
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. The
temporary safety zone would only be in
effect for one hour and limit access to
a one-mile stretch of the Ohio River.
The Coast Guard expects minimum
adverse impact to mariners. Also,
mariners would be permitted to request
authorization from the COTP or a
designated representative to transit the
temporary safety zone.
khammond on DSKJM1Z7X2PROD with PROPOSALS
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 proposed rule would 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 IV.A above,
this proposed rule would not have a
significant economic impact on any
vessel owner or operator.
If you think that your business,
organization, or governmental
jurisdiction qualifies as a small entity
and that this rule would have a
significant economic impact on it,
please submit a comment (see
ADDRESSES) explaining why you think it
qualifies and how and to what degree
this rule would economically affect it.
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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 proposed 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 call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section. The Coast
Guard will not retaliate against small
entities that question or complain about
this proposed rule or any policy or
action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have
tribal implications under Executive
Order 13175 (Consultation and
Coordination with Indian Tribal
Governments) because it would 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 proposed rule has
implications for federalism or Indian
tribes, please call or email the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
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
proposed rule would not result in such
an expenditure, we do discuss the
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57667
effects of this rule elsewhere in this
preamble.
F. Environment
We have analyzed this proposed 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 made a
preliminary determination 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 proposed rule
involves a safety zone lasting one hour
that would prohibit entry within a 1mile stretch of the Ohio River. Normally
such actions are categorically excluded
from further review under paragraph
L(60a) in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. A preliminary 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
proposed rule.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
V. 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, call or email the
person in the FOR FURTHER INFORMATION
CONTACT section of this document for
alternate instructions.
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Federal Register / Vol. 84, No. 208 / Monday, October 28, 2019 / Proposed Rules
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 is proposing
to amend 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.T08–0820 to read as
follows:
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 165.T08–0820 Safety zone; Ohio River,
Owensboro, KY.
(a) Location. All navigable waters of
the Ohio River between mile marker
(MM) 756.4 to MM 757.4 in Owensboro,
KY.
(b) Period of enforcement. This
section will be enforced from 10 p.m.
through 11 p.m. on January 18, 2020.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23, entry
into this zone is prohibited unless
specifically authorized by the Captain of
the Port Sector Ohio Valley (COTP) or
a designated representative. 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 radio channel 16
or phone at 1–800–253–7465.
(2) Persons and vessels permitted to
enter this safety zone must transit at the
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
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Broadcast Notices to Mariners and the
Local Notice to Mariners of the
enforcement period for the temporary
safety zone as well as any changes in the
planned schedule.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–23479 Filed 10–25–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AQ69
Billing and Collection by VA for
Medical Care and Services
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend its
regulations concerning collection and
recovery by VA for medical care and
services provided to an individual for
treatment of a nonservice-connected
disability. Specifically, this rulemaking
would revise the provisions of VA
regulations that determine the charges
VA will bill third-party payers for nonVA care provided at VA expense, would
include a time limit for which thirdparty payers can request a refund, and
would clarify that third-party payers
cannot reduce or refuse payment
because of the billing methodology used
to determine the charge. These revisions
would clarify VA billing practices,
result in more equitable charges to
third-party payers, and ensure that VA
collects payments timely and
effectively. Additionally, this
rulemaking would make certain
technical corrections to the existing
regulations, and amend associated
definitions.
SUMMARY:
Comments must be received by
VA on or before December 27, 2019.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov, by mail or handdelivery to Director, Office of Regulation
Policy and Management (00REG),
Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1064,
Washington, DC 20420; or by fax to
(202) 273–9026. (This is not a toll-free
number.) Comments should indicate
that they are submitted in response to
‘‘RIN 2900–AQ69, Billing and
Collection by VA for Medical Care and
Services.’’ Copies of comments received
will be available for public inspection in
DATES:
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the Office of Regulation Policy and
Management, Room 1064, between the
hours of 8:00 a.m. and 4:30 p.m.
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll-free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Joseph Duran, Director of Policy and
Planning, Office of Community Care
(10D), Ptarmigan at Cherry Creek
Denver, CO 80209, Joseph.Duran2@
va.gov or (303) 372–4629. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: Under
section 1729 of Title 38, United States
Code (U.S.C.), VA has the right to
recover or collect reasonable charges for
medical care or services from a third
party to the extent that the veteran or
the provider of the care or services
would be eligible to receive payment
from the third party for: A nonserviceconnected disability for which the
veteran is entitled to care (or the
payment of expenses of care) under a
health plan contract; a nonserviceconnected disability incurred incident
to the veteran’s employment and
covered under a worker’s compensation
law or plan that provides
reimbursement or indemnification for
such care and services; or a nonserviceconnected disability incurred as a result
of a motor vehicle accident in a State
that requires automobile accident
reparations (no-fault) insurance. This
proposed rule would revise two of VA’s
regulations (i.e., sections 17.101 and
17.106 of title 38, Code of Federal
Regulations (CFR)) that implement 38
U.S.C. 1729.
In this proposed rule, we would
revise 38 CFR 17.101, which establishes
the instances when VA will collect and
recover for medical care and services
and the methodology used to determine
the reasonable charges VA can bill for
medical care and services. In this
rulemaking, we propose to amend the
amount VA will bill a third party when
the medical care was provided at a nonVA facility at VA expense. We also
propose to make several technical
amendments to 38 CFR 17.101, to
correct clerical errors and update office
and data source names. Additionally,
we propose to add two new definitions
and remove one current definition to be
consistent with the proposed technical
amendments.
In addition to revising § 17.101, this
rulemaking would also revise § 17.106.
Section 1729 of 38 U.S.C. authorizes VA
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]]>Agencies
[Federal Register Volume 84, Number 208 (Monday, October 28, 2019)]
[Proposed Rules]
[Pages 57666-57668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23479]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0820]
RIN 1625-AA00
Safety Zone; Ohio River, Owensboro, KY
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing a temporary safety zone for all
navigable waters of the Ohio River, extending the entire width of the
river, from mile marker (MM) 756.4 to MM 757.4 in Owensboro, KY. This
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by a fireworks display.
Entry into, transiting through or anchoring within this zone would be
prohibited unless authorized by the Captain of the Port Sector Ohio
Valley (COTP) or a designated representative. We invite your comments
on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before November 27, 2019.
ADDRESSES: You may submit comments identified by docket number USCG-
2019-0820 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Petty Officer Riley Jackson, Coast
Guard Sector Ohio Valley, Louisville, KY; telephone (502)779-5347 or
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
II. Background, Purpose, and Legal Basis
On September 9, 2019, the River View Coal, LLC notified the Coast
Guard that it will be conducting a fireworks display from 10 p.m.
through 11 p.m. on January 18, 2020, to celebrate the previous year.
The fireworks are to be launched from a barge in the Ohio River,
between mile marker (MM) 756.4 and MM 757.4 in Owensboro, KY. Hazards
from firework displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port Sector Ohio Valley (COTP) has determined that
potential hazards associated with the fireworks to be used in this
display would be a safety concern for anyone in the fallout radius.
The purpose of this rulemaking is to ensure the safety of vessels
and the navigable waters within the 1-mile stretch of the Ohio River
before, during, and after the scheduled event. The Coast Guard is
proposing this rulemaking under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231).
III. Discussion of Proposed Rule
The COTP is proposing to establish a safety zone from 10 p.m.
through 11 p.m. on January 18, 2020. The safety zone would cover the
entire width of the Ohio River from Mile Marker (MM) 756.4 to MM 757.4
in Owensboro, KY. The duration of the zone is intended to ensure the
safety of vessels and these navigable waters before, during, and after
the scheduled 10 p.m. through 11 p.m. fireworks display. No vessel or
person would be permitted to enter the safety zone without obtaining
permission from the COTP or a designated representative.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking.
[[Page 57667]]
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 NPRM has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, the NPRM 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. The temporary safety zone
would only be in effect for one hour and limit access to a one-mile
stretch of the Ohio River. The Coast Guard expects minimum adverse
impact to mariners. Also, mariners would be permitted to request
authorization from the COTP or a designated representative to transit
the temporary safety zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would 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
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
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 proposed 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 call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.
C. Collection of Information
This proposed rule would 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 proposed 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 proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would 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 proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.
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 proposed rule would not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this proposed 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 made
a preliminary determination 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 proposed rule involves a safety
zone lasting one hour that would prohibit entry within a 1-mile stretch
of the Ohio River. Normally such actions are categorically excluded
from further review under paragraph L(60a) in Table 3-1 of U.S. Coast
Guard Environmental Planning Implementing Procedures. A preliminary
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 proposed rule.
G. Protest Activities
The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email 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.
V. 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, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this document for
alternate instructions.
[[Page 57668]]
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 is
proposing to amend 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.T08-0820 to read as follows:
Sec. 165.T08-0820 Safety zone; Ohio River, Owensboro, KY.
(a) Location. All navigable waters of the Ohio River between mile
marker (MM) 756.4 to MM 757.4 in Owensboro, KY.
(b) Period of enforcement. This section will be enforced from 10
p.m. through 11 p.m. on January 18, 2020.
(c) Regulations. (1) In accordance with the general regulations in
Sec. 165.23, entry into this zone is prohibited unless specifically
authorized by the Captain of the Port Sector Ohio Valley (COTP) or a
designated representative. 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 radio
channel 16 or phone at 1-800-253-7465.
(2) Persons and vessels permitted to enter this safety zone must
transit at the 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 and the Local Notice to Mariners of the enforcement period for
the temporary safety zone as well as any changes in the planned
schedule.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-23479 Filed 10-25-19; 8:45 am]
BILLING CODE 9110-04-P
