Safety Zone; Green River, Rumsey, KY, 62452-62454 [2019-24845]
Download as PDF
62452
Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 / Rules and Regulations
rule only involves the calculation and
public notification of the IMARA in
connection with the Program based on
data collected by Treasury under rules
which have already been subject to
OMB review and approval under
Control No. 1505–0257.
List of Subjects in 31 CFR Part 50
[Docket Number USCG–2019–0852]
Coast Guard, DHS.
Temporary final rule.
AGENCY:
For the reasons stated in the
preamble, 31 CFR part 50 is amended as
follows:
PART 50—TERRORISM RISK
INSURANCE PROGRAM
1. The authority citation for part 50
continues to read as follows:
■
Authority: 5 U.S.C. 301; 31 U.S.C. 321;
Title I, Pub. L. 107–297, 116 Stat. 2322, as
amended by Pub. L. 109–144, 119 Stat. 2660,
Pub. L. 110–160, 121 Stat. 1839 and Pub. L.
114–1, 129 Stat. 3 (15 U.S.C. 6701 note) Pub.
L. 114–74, 129 Stat. 601, Title VII (28 U.S.C.
2461 note).
2. Amend § 50.4 by revising
paragraphs (m)(2) introductory text,
(m)(2)(i), and (m)(3) to read as follows:
■
Definitions.
*
*
*
*
*
(m) * * *
(2) For calendar years beginning with
2020 and any calendar year thereafter as
may be necessary, such amount is the
lesser of the aggregate amount, for all
insurers, of insured losses once there
has been a Program Trigger Event during
the calendar year and the annual
average of the sum of insurer
deductibles for all insurers for the prior
3 years, to be calculated by taking:
(i) The total amount of direct earned
premium reported by insurers to
Treasury pursuant to § 50.51 in the three
calendar years prior to the calendar year
in question, and then dividing that
figure by three; and
*
*
*
*
*
(3) For calendar year 2020 and each
subsequent calendar year, Treasury
shall publish in the Federal Register the
insurance marketplace aggregate
retention amount no later than
December 31 of the prior calendar year.
*
*
*
*
*
Dated: November 7, 2019.
Bimal Patel,
Assistant Secretary for Financial Institutions.
[FR Doc. 2019–24801 Filed 11–14–19; 8:45 am]
BILLING CODE 4810–25–P
15:51 Nov 14, 2019
33 CFR Part 165
Safety Zone; Green River, Rumsey, KY
Authority and Issuance
VerDate Sep<11>2014
Coast Guard
RIN 1625–AA00
Insurance, Terrorism.
§ 50.4
DEPARTMENT OF HOMELAND
SECURITY
Jkt 250001
ACTION:
The Coast Guard is
establishing a safety zone for all
navigable waters of the Green River
from mile marker (MM) 64.0 to MM
65.0. This action is necessary to provide
for the safety of life on these navigable
waters near Rumsey, KY, during the
wire-crossing event. Entry into,
transiting through, or anchoring within
this zone is prohibited unless
authorized by the Captain of the Port
Sector Ohio Valley (COTP) or a
designated representative.
DATES: This rule is effective from 8 a.m.
on November 18, 2019, through 4 p.m.
November 22, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0852 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 MST3 Riley Jackson, Waterways
Department Sector Ohio Valley, U.S.
Coast Guard; telephone 502–779–5347,
email SECOHV-WWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port Sector Ohio
Valley
DHS Department of Homeland Security
FR Federal Register
MM Mile Marker
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking (NPRM)
with respect to this rule because it is
impracticable. We must establish this
safety zone by November 18, 2019 and
lack sufficient time to provide a
reasonable comment period and then
consider those comments before issuing
the rule.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
necessary to prevent possible loss of life
and property.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034. The
Captain of the Port Sector Ohio Valley
(COTP) has determined that potential
hazards associated with wire-crossing
event will present a safety concern on
all navigable waters of the Green River
extending from mile marker (MM) 64.0
to MM 65.0. The purpose of this rule is
to ensure the safety of life and vessels
on these navigable waters before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone that will be enforced from 8
a.m. through 4 p.m. each day, from
November 18 through November 22,
2019. The temporary safety zone will
cover all navigable waters of the Green
River from MM 64.0 to MM 65.0. The
duration of the safety zone is intended
to ensure the safety of waterway users
on these navigable waters before,
during, and after the scheduled event.
No vessel or person is permitted to enter
the safety zone without obtaining
permission from the COTP or a
designated representative. All persons
or vessels desiring entry into or passage
through the area must request
permission from the COTP or a
designated representative. U. S. Coast
Guard Sector Ohio Valley may be
contacted on VHF Channel 13 or 16, or
at 1–800–253–7465.
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.
E:\FR\FM\15NOR1.SGM
15NOR1
Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 / Rules and Regulations
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
rule impacts one mile of the Green River
over five days. Entry into the regulated
area will be prohibited from 8 a.m.
through 4 p.m. each day, November 18
through November 22, 2019, from Green
River MM 64.0 to MM 65.0, unless
authorized by the COTP or a designated
representative. Moreover, the Coast
Guard will issue written Local Notice to
Mariners and Broadcast Notice to
Mariners via VHF–FM marine channel
16 about the temporary safety zone that
is in place.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. The
term ‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C.
605(b) that this rule will not have a
significant economic impact on a
substantial number of small entities.
While some owners or operators of
vessels intending to transit this
temporary 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
VerDate Sep<11>2014
15:51 Nov 14, 2019
Jkt 250001
listed in the FOR FURTHER INFORMATION
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.
CONTACT
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
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
62453
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
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 8 hours per day for five
days, on all navigable waters extending
one mile on part of the Green River. 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.
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.T08–0852 to read as
follows:
■
§ 165.T08–0852
Rumsey KY.
Safety Zone; Green River,
(a) Location. The following area is a
safety zone: All navigable waters of the
Green River from Mile Marker (MM)
E:\FR\FM\15NOR1.SGM
15NOR1
62454
Federal Register / Vol. 84, No. 221 / Friday, November 15, 2019 / Rules and Regulations
64.0 to MM 65.0, extending the entire
width of the river.
(b) Effective period. This section is in
effect from 8 a.m. on November 18,
2019, through 4 p.m. on November 22,
2019.
(c) Enforcement period. This section
will be enforced from 8 a.m. through 4
p.m. each day from November 18, 2019
through November 22, 2019.
(d) Regulations. (1) In accordance
with the general regulations in § 165.23
of this part, entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the 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) All persons or vessels desiring
entry into or passage through the safety
zone must request permission from the
COTP or a designated representative.
U.S. Coast Guard Sector Ohio Valley
may be contacted on VHF Channel 13 or
16, or at 1–800–253–7465.
(3) Persons and vessels permitted to
enter this safety zone must transit at
their slowest safe speed and comply
with all lawful directions issued by the
COTP or the designated representative.
(e) Information broadcasts. The COTP
or a designated representative will
inform the public through Broadcast
Notices to Mariners of any changes in
the planned schedule.
Dated: November 12, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2019–24845 Filed 11–14–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0868]
Safety Zone, Brandon Road Lock and
Dam to Lake Michigan Including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, and
Calumet-Saganashkee Channel,
Chicago, IL
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a segment of the Safety Zone; Brandon
Road Lock and Dam to Lake Michigan
including Des Plaines River, Chicago
SUMMARY:
VerDate Sep<11>2014
16:57 Nov 14, 2019
Jkt 250001
Sanitary and Ship Canal, Chicago River,
Calumet-Saganashkee Channel on all
waters of the Chicago Sanitary and Ship
Canal and South Branch of the Chicago
River between mile marker 296 and mile
marker 296.7 during specified times
from November 18, 2019 through
November 22, 2019. This action is
necessary and intended to protect the
safety of life and property on navigable
waters prior to, during, and immediately
after planned US Army Corps of
Engineers work at the Electric Barrier.
During the enforcement period listed
below, entry into, transiting, or
anchoring within the safety zone is
prohibited unless authorized by the
Captain of the Port Lake Michigan or a
designated representative.
DATES: The regulations in 33 CFR
165.930 will be enforced from 7 a.m.
through 1 p.m. and 3 p.m. through 5
p.m. from November 18, 2019, to
November 22, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email LT Tiziana
Garner, Waterways Management
Division, Marine Safety Unit Chicago, at
630–986–2155, email address D09-DGMSUChicago-Waterways@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a segment of the
Safety Zone; Brandon Road Lock and
Dam to Lake Michigan including Des
Plaines River, Chicago Sanitary and
Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL,
listed in 33 CFR 165.930. Specifically,
the Coast Guard will enforce this safety
zone on all waters of the Chicago
Sanitary and Ship Canal between mile
marker 296 and mile marker 296.7.
Enforcement will occur from 7 a.m.
through 1 p.m. and 3 p.m. to 5 p.m.
from November 18, 2019 to November
22, 2019. During the enforcement
period, no vessel may transit this
regulated area without approval from
the Captain of the Port Lake Michigan
or a designated representative. Vessels
and persons granted permission to enter
the safety zone shall obey all lawful
orders or directions of the Captain of the
Port Lake Michigan, or an on-scene
representative.
This notice of enforcement is issued
under the authority of 33 CFR 165.930
and 5 U.S.C. 552(a). In addition to this
publication in the Federal Register, the
Captain of the Port Lake Michigan will
also provide notice through other
means, which will include Broadcast
Notice to Mariners, Local Notice to
Mariners, distribution in leaflet form,
and on-scene oral notice. Additionally,
the Captain of the Port Lake Michigan
may notify representatives from the
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
maritime industry through telephonic
and email notifications. If the Captain of
the Port or a designated representative
determines that the regulated area need
not be enforced for the full duration
stated in this notice, he or she may use
a Broadcast Notice to Mariners to grant
general permission to enter the
regulated area. The Captain of the Port
Lake Michigan or a designated on-scene
representative may be contacted via
Channel 16 or at (414) 747–7182.
Dated: November 1, 2019.
Thomas J. Stuhlreyer,
Captain, U.S. Coast Guard, Captain of the
Port, Lake Michigan.
[FR Doc. 2019–24821 Filed 11–14–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 206
[Docket ID FEMA–2008–0005]
RIN 1660–AA18
Disaster Assistance-Federal
Assistance to Individuals and
Households
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Under the authority of section
408 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act,
the Federal Emergency Management
Agency provides financial assistance to
individuals and households after a
Presidentially-declared major disaster or
emergency. This rule finalizes, without
change, current interim regulations
which establish the requirements and
procedures for the Individuals and
Households Program.
DATES: This rule is effective December
16, 2019.
FOR FURTHER INFORMATION CONTACT:
Mark Millican, FEMA, Individual
Assistance Division, 500 C Street SW,
Washington, DC 20472–3100, (phone)
202–212–3221 or (email) FEMA-IARegulations@fema.dhs.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Section 408 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (Stafford Act) provides
the Federal Emergency Management
Agency (FEMA) the authority to
administer the Individuals and
E:\FR\FM\15NOR1.SGM
15NOR1
Agencies
[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Rules and Regulations]
[Pages 62452-62454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24845]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2019-0852]
RIN 1625-AA00
Safety Zone; Green River, Rumsey, KY
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a safety zone for all
navigable waters of the Green River from mile marker (MM) 64.0 to MM
65.0. This action is necessary to provide for the safety of life on
these navigable waters near Rumsey, KY, during the wire-crossing event.
Entry into, transiting through, or anchoring within this zone is
prohibited unless authorized by the Captain of the Port Sector Ohio
Valley (COTP) or a designated representative.
DATES: This rule is effective from 8 a.m. on November 18, 2019, through
4 p.m. November 22, 2019.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0852 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 MST3 Riley Jackson, Waterways Department Sector Ohio
Valley, U.S. Coast Guard; telephone 502-779-5347, 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 Information and Regulatory History
The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable. We must
establish this safety zone by November 18, 2019 and lack sufficient
time to provide a reasonable comment period and then consider those
comments before issuing the rule.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to prevent possible loss of life and property.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port Sector Ohio Valley (COTP) has determined
that potential hazards associated with wire-crossing event will present
a safety concern on all navigable waters of the Green River extending
from mile marker (MM) 64.0 to MM 65.0. The purpose of this rule is to
ensure the safety of life and vessels on these navigable waters before,
during, and after the scheduled event.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be enforced
from 8 a.m. through 4 p.m. each day, from November 18 through November
22, 2019. The temporary safety zone will cover all navigable waters of
the Green River from MM 64.0 to MM 65.0. The duration of the safety
zone is intended to ensure the safety of waterway users on these
navigable waters before, during, and after the scheduled event. No
vessel or person is permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative. All
persons or vessels desiring entry into or passage through the area must
request permission from the COTP or a designated representative. U. S.
Coast Guard Sector Ohio Valley may be contacted on VHF Channel 13 or
16, or at 1-800-253-7465.
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.
[[Page 62453]]
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 rule
impacts one mile of the Green River over five days. Entry into the
regulated area will be prohibited from 8 a.m. through 4 p.m. each day,
November 18 through November 22, 2019, from Green River MM 64.0 to MM
65.0, unless authorized by the COTP or a designated representative.
Moreover, the Coast Guard will issue written Local Notice to Mariners
and Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
temporary safety zone that is in place.
B. Impact on Small Entities
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities. While some owners or operators of vessels intending to
transit this temporary 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
Management 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 8 hours per day
for five days, on all navigable waters extending one mile on part of
the Green River. 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.
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.T08-0852 to read as follows:
Sec. 165.T08-0852 Safety Zone; Green River, Rumsey KY.
(a) Location. The following area is a safety zone: All navigable
waters of the Green River from Mile Marker (MM)
[[Page 62454]]
64.0 to MM 65.0, extending the entire width of the river.
(b) Effective period. This section is in effect from 8 a.m. on
November 18, 2019, through 4 p.m. on November 22, 2019.
(c) Enforcement period. This section will be enforced from 8 a.m.
through 4 p.m. each day from November 18, 2019 through November 22,
2019.
(d) Regulations. (1) In accordance with the general regulations in
Sec. 165.23 of this part, entry of vessels or persons into this zone
is prohibited unless specifically authorized by the 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) All persons or vessels desiring entry into or passage through
the safety zone must request permission from the COTP or a designated
representative. U.S. Coast Guard Sector Ohio Valley may be contacted on
VHF Channel 13 or 16, or at 1-800-253-7465.
(3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
(e) Information broadcasts. The COTP or a designated representative
will inform the public through Broadcast Notices to Mariners of any
changes in the planned schedule.
Dated: November 12, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-24845 Filed 11-14-19; 8:45 am]
BILLING CODE 9110-04-P