Safety Zone; Ohio River, Brookport, IL, 67187-67189 [2019-26472]

Download as PDF Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations 67187 TABLE I–20—SELECTION OF RETIREMENT RATE CATEGORY [For valuation dates in 2020 1] Participant’s retirement rate category is— Low 2 if monthly benefit at URA is less than— If participant reaches URA in year— 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. ................................................................................. or later .................................................................... 1 Applicable tables 2 Table II–A. 3 Table 4 Table * From— 672 688 704 720 736 753 771 788 806 825 To— 672 688 704 720 736 753 771 788 806 825 High 4 if monthly benefit at URA is greater than— 2,839 2,905 2,971 3,040 3,110 3,181 3,254 3,329 3,406 3,484 2,839 2,905 2,971 3,040 3,110 3,181 3,254 3,329 3,406 3,484 for valuation dates before 2020 are available on PBGC’s website (www.pbgc.gov). II–B. II–C. * * * * The regulations in the table to 33 CFR 165.506 at (a)(16) will be enforced from 5:45 p.m. through 6:30 p.m. on December 31, 2019, and from 11:45 p.m. on December 31, 2019, through 12:30 a.m. on January 1, 2020. DATES: Issued in Washington, DC, by: Hilary Duke, Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation. If you have questions about this notice of enforcement, you may call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division, telephone 215– 271–4814, email Thomas.J.Welker@ uscg.mil. BILLING CODE 7709–02–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2019–0906] Safety Zones; Fireworks Displays in the Fifth Coast Guard District of regulation. The Coast Guard will enforce the Penn’s Landing, Delaware River, Philadelphia, PA, safety zone from 5:45 p.m. through 6:30 p.m. on December 31, 2019, and from 11:45 p.m. on December 31, 2019, through 12:30 a.m. on January 1, 2020. This is to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the fireworks displays. Our regulation for safety zones of fireworks displays in the Fifth Coast Guard District identifies the area for this event at Penn’s Landing in Philadelphia, PA. During the enforcement periods vessels may not enter, remain in, or transit through the safety zones unless authorized by the Captain of the Port or on scene designated Coast Guard patrol personnel. SUMMARY: VerDate Sep<11>2014 The Coast Guard will enforce the safety zone in the Table to 33 CFR 165.506, entry (a)(16), for the Delaware River Waterfront Corporation New Year’s Eve Fireworks displays. This action is necessary to ensure safety of life on the navigable waters of the United States immediately prior to, during, and immediately after the fireworks displays. Our regulation for safety zones of fireworks displays within the Fifth Coast Guard District, table to § 165.506, entry (a)(16) specifies the location of the regulated area as all waters of Delaware River, adjacent to Penn’s Landing, Philadelphia, PA, within 500 yards of a fireworks barge at approximate position latitude 39°56′49″ N, longitude 075°08′11″ W. During the enforcement periods, as reflected in § 165.506(d), vessels may not enter, remain in, or transit through the safety zones unless authorized by the Captain of the Port or on scene designated Coast Guard patrol personnel. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via broadcast notice to mariners. SUPPLEMENTARY INFORMATION: AGENCY: Coast Guard, DHS. ACTION: Notice of enforcement 16:48 Dec 06, 2019 Jkt 250001 Dated: November 29, 2019. Scott E. Anderson, Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. [FR Doc. 2019–26471 Filed 12–6–19; 8:45 am] BILLING CODE 9110–04–P FOR FURTHER INFORMATION CONTACT: [FR Doc. 2019–26456 Filed 12–6–19; 8:45 am] tkelley on DSKBCP9HB2PROD with RULES Medium 3 if monthly benefit at URA is— PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 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. Final rule. 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. DATES: This rule is effective without actual notice from December 9, 2019 through December 1, 2020. For the purposes of enforcement, actual notice will be used from December 3, 2019 through December 9, 2019 ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2019– SUMMARY: C:\TARSHA\09DER1.SGM 09DER1 67188 Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations 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: 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 purpose of this rule is to ensure the safety of vessels on the navigable waters of the Ohio River during the demolition of Lock and Dam 52. During this time, a temporary safety zone on the Ohio River would be necessary to protect persons, property, and infrastructure from potential damage and safety hazards associated with the demolition of Lock and Dam 52. In response, on July 8, 2019, the Coast Guard published an interim final rule titled Safety Zone; Ohio River, Brookport, IL (84 FR 34299). There we stated why we issued the interim final rule, and invited comments on our regulatory action related to the demolition of the Lock and Dam 52 on the Ohio River. During the comment period that ended August 19, 2019, we received no comments. tkelley on DSKBCP9HB2PROD with RULES 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 Comments, Changes, and 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 December 3, 2019 through December 1, 2020 as VerDate Sep<11>2014 16:48 Dec 06, 2019 Jkt 250001 necessary to facilitate safe demolition of Lock and Dam 52. A 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. The text of the rule remains unchanged, but the effective period is extended to facilitate safe demolition through the anticipated completion of the operations. 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 between MM 937 to MM 941 for a short period of time each day and will 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 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section V.A above, this rule will not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1– 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. C:\TARSHA\09DER1.SGM 09DER1 Federal Register / Vol. 84, No. 236 / Monday, December 9, 2019 / Rules and Regulations 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. tkelley on DSKBCP9HB2PROD with RULES 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. 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. VerDate Sep<11>2014 16:48 Dec 06, 2019 Jkt 250001 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 67189 Dated: December 3, 2019. A.M. Beach, Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley. [FR Doc. 2019–26472 Filed 12–6–19; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 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 December 9, 2019 through December 1, 2020. For the purposes of enforcement, actual notice will be used from December 3, 2019 through December 9, 2019 (c) Enforcement period. This section will be enforced at midday each day from December 3, 2019 through December 1, 2020, as necessary to facilitate safe demolition operations. (d) Regulations. (1) In accordance with the general regulations in § 165.23, 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. (e) 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. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 [EPA–R10–OAR–2019–0403; FRL–10002– 75–Region 10] Air Plan Approval; ID; Update to CRB Fee Billing Procedures Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve state implementation plan (SIP) revisions submitted by the State of Idaho’s Department of Environmental Quality on June 5, 2019. The revisions implement changes to the timing of when fees for open burning of crop residue are paid. The changes provide Idaho Department of Environmental Quality a more streamlined administrative process and were based on recommendations from Idaho’s Crop Residue Advisory Committee. DATES: This rule is effective on January 8, 2020. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2019–0403. All documents in the docket are listed on https://www.regulations.gov website. Publicly available docket materials are available either through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Randall Ruddick at (206) 553–1999, or ruddick.randall@epa.gov, Environmental Protection Agency, Region 10, Air Planning Section, Air and Radiation Division, 1200 Sixth Avenue, Suite 155–15–H13, Seattle, Washington 98101–3188. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is intended to refer to the EPA. SUMMARY: Table of Contents I. Background II. Response to Comment III. Final Action IV. Incorporation by Reference V. Statutory and Executive Order Reviews C:\TARSHA\09DER1.SGM 09DER1

Agencies

[Federal Register Volume 84, Number 236 (Monday, December 9, 2019)]
[Rules and Regulations]
[Pages 67187-67189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26472]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

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.

DATES: This rule is effective without actual notice from December 9, 
2019 through December 1, 2020. For the purposes of enforcement, actual 
notice will be used from December 3, 2019 through December 9, 2019

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2019-

[[Page 67188]]

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 purpose of this rule is to ensure the safety of vessels on the 
navigable waters of the Ohio River during the demolition of Lock and 
Dam 52. During this time, a temporary safety zone on the Ohio River 
would be necessary to protect persons, property, and infrastructure 
from potential damage and safety hazards associated with the demolition 
of Lock and Dam 52. In response, on July 8, 2019, the Coast Guard 
published an interim final rule titled Safety Zone; Ohio River, 
Brookport, IL (84 FR 34299). There we stated why we issued the interim 
final rule, and invited comments on our regulatory action related to 
the demolition of the Lock and Dam 52 on the Ohio River. During the 
comment period that ended August 19, 2019, we received no comments.

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 Comments, Changes, and 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 December 3, 2019 through 
December 1, 2020 as necessary to facilitate safe demolition of Lock and 
Dam 52. A 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. The 
text of the rule remains unchanged, but the effective period is 
extended to facilitate safe demolition through the anticipated 
completion of the operations.

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 between MM 937 to MM 941 for a short period 
of time each day and will 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.

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.

[[Page 67189]]

    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.

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.

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 December 9, 2019 through December 1, 2020. For the purposes 
of enforcement, actual notice will be used from December 3, 2019 
through December 9, 2019
    (c) Enforcement period. This section will be enforced at midday 
each day from December 3, 2019 through December 1, 2020, as necessary 
to facilitate safe demolition operations.
    (d) Regulations. (1) In accordance with the general regulations in 
Sec.  165.23, 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.
    (e) 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.

    Dated: December 3, 2019.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2019-26472 Filed 12-6-19; 8:45 am]
 BILLING CODE 9110-04-P