Safety Zone; Ohio River, Owensboro, KY, 2309-2311 [2020-00298]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132
(Federalism), if it has a substantial
direct effect on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments)
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
jbell on DSKJLSW7X2PROD with RULES
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
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 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 rule involves a safety
zone that will prohibit entry within 500feet of either side of the KCS Bridge that
VerDate Sep<11>2014
16:02 Jan 14, 2020
Jkt 250001
crosses the Neches River in Beaumont,
TX. It is categorically excluded from
further review under paragraph L60(d)
in Table 3–1 of U.S. Coast Guard
Environmental Planning Implementing
Procedures. A Record of Environmental
Consideration supporting this
determination is included in the docket
with this rule 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.
permission from the COTP or a
designated representative. They may be
contacted through Vessel Traffic Service
(VTS) on channels 65A or 13 VHF–FM,
or by telephone at (409) 719–5070.
(3) Permission to transit through the
bridge will be based on weather, tide
and current conditions, vessel size,
horsepower, and availability of assist
vessels. All persons and vessels
permitted to enter this temporary safety
zone shall comply with the lawful
orders or directions given to them by
COTP or a designated representative.
(4) Intentional or unintentional
contact with any part of the bridge or
associated structure, including
fendering systems, support columns,
spans or any other portion of the bridge,
is strictly prohibited. Report any contact
with the bridge or associated structures
immediately to VTS Port Arthur on
channels 65A, 13 or 16 VHF–FM or by
telephone at (409) 719–5070.
(d) Informational broadcasts. The
Coast Guard will inform the public
through public of the effective period of
this safety zone through VTS
Advisories, Broadcast Notices to
Mariners (BNMs), Local Notice to
Mariners (LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
Dated: December 19, 2019.
Keith Pierre,
Commander, U.S. Coast Guard, Acting
Captain of the Port Marine Safety Unit Port
Arthur.
[FR Doc. 2020–00299 Filed 1–14–20; 8:45 am]
■
2. Add § 165.T08–0614 to read as
follows:
BILLING CODE 9110–04–P
§ 165.T08–0614 Safety Zone; Neches
River, Beaumont, TX.
DEPARTMENT OF HOMELAND
SECURITY
(a) Location. The following area is a
safety zone: All navigable waters
extending 500-feet on either side of the
Kansas City Southern Railroad Bridge
that crosses the Neches River in
Beaumont, TX in approximate location
30°04′54.8″ N 094°05′29.4″ W.
(b) Effective period. This section is
effective on February 1, 2020, through
midnight on December 31, 2020, or until
missing and/or damaged fendering
systems are repaired or replaced,
whichever occurs first.
(c) Regulations. (1) No vessel may
enter or remain in the safety zone
except:
(i) A vessel less than 65 feet in length
and not engaged in towing; or
(ii) A vessel authorized by the Captain
of the Port Marine Safety Unit Port
Arthur (COTP) or a designated
representative.
(2) Persons and vessels desiring to
enter the safety zone must request
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
2309
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0820]
RIN 1625–AA00
Safety Zone; Ohio River, Owensboro,
KY
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing 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 is
SUMMARY:
E:\FR\FM\15JAR1.SGM
15JAR1
2310
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
prohibited unless authorized by the
Captain of the Port Sector Ohio Valley
(COTP) or a designated representative.
This rule is effective from 10
p.m. through 11 p.m. on January 18,
2020.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0820 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
ADDRESSES:
If
you have questions about this
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.
FOR FURTHER INFORMATION CONTACT:
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
§ Section
U.S.C. United States Code
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.
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. In response, on October
28, 2019, the Coast Guard published a
notice of proposed rulemaking (NPRM)
under document number USCG–2019–
0820 (84 FR 57666). There we stated
why we issued the NPRM, and invited
comments on our proposed regulatory
action related to this fireworks display.
During the comment period that ended
November 27, 2019, we received three
(3) comments.
jbell on DSKJLSW7X2PROD 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 the fireworks
display on January 18, 2020 will be a
safety concern for anyone within a 1mile radius of the barge. The purpose of
this rule is to ensure safety of vessels
and the navigable waters in the safety
zone before, during, and after the
scheduled event.
16:02 Jan 14, 2020
Jkt 250001
As noted above, we received three (3)
comments on our NPRM published on
October 28, 2019. From the comments
received, two were duplicates, with the
original comment in agreement with the
COTP’s decision to establish a safety
zone. The third comment was
withdrawn. There are no changes in the
regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes 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 the navigable
waters before, during, and after the
scheduled fireworks display. No vessel
or person will be permitted to enter the
safety zone without obtaining
permission from the COTP or a
designated representative.
V. Regulatory Analyses
II. Background Information and
Regulatory History
VerDate Sep<11>2014
IV. Discussion of Comments, Changes,
and the Rule
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, 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.
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
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 received no comments
from the Small Business Administration
on this rulemaking. 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 call or email 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
E:\FR\FM\15JAR1.SGM
15JAR1
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
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 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
jbell on DSKJLSW7X2PROD with RULES
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, 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 one hour, that will prohibit
entry within a 1-mile stretch of the Ohio
River. It is categorically excluded from
further review under paragraph L60a of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
VerDate Sep<11>2014
16:02 Jan 14, 2020
Jkt 250001
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
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:
■
§ 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
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.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
2311
Dated: January 7, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2020–00298 Filed 1–14–20; 8:45 am]
BILLING CODE 9110–04–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2019–0240; FRL–10003–
97-Region 9]
Extreme Area Submission
Requirements, Coachella Valley
Nonattainment Area; California Ozone
Environmental Protection
Agency (EPA).
ACTION: Final action.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve a schedule for California to
submit an ‘‘Extreme’’ ozone
nonattainment area plan addressing the
requirements of CAA section 182(e) and
revised title V and new source review
(NSR) rules for the 1997 8-hour ozone
national ambient air quality standards
(NAAQS). The EPA is approving a
deadline of one year from the effective
date of this rule for the State to submit
a state implementation plan (SIP)
revision addressing these requirements
and to implement the related control
requirements.
SUMMARY:
This final action is effective on
February 14, 2020.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2019–0240. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available 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: Tom
Kelly, EPA Region IX, 75 Hawthorne St.,
San Francisco, CA 94105. By phone:
(415) 972–3856 or by email at
kelly.thomasp@epa.gov.
DATES:
E:\FR\FM\15JAR1.SGM
15JAR1
]]>Agencies
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2309-2311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00298]
-----------------------------------------------------------------------
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: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing 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
is
[[Page 2310]]
prohibited unless authorized by the Captain of the Port Sector Ohio
Valley (COTP) or a designated representative.
DATES: This rule is effective from 10 p.m. through 11 p.m. on January
18, 2020.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2019-0820 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email 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 Information and Regulatory History
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. In
response, on October 28, 2019, the Coast Guard published a notice of
proposed rulemaking (NPRM) under document number USCG-2019-0820 (84 FR
57666). There we stated why we issued the NPRM, and invited comments on
our proposed regulatory action related to this fireworks display.
During the comment period that ended November 27, 2019, we received
three (3) 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 the
fireworks display on January 18, 2020 will be a safety concern for
anyone within a 1-mile radius of the barge. The purpose of this rule is
to ensure safety of vessels and the navigable waters in the safety zone
before, during, and after the scheduled event.
IV. Discussion of Comments, Changes, and the Rule
As noted above, we received three (3) comments on our NPRM
published on October 28, 2019. From the comments received, two were
duplicates, with the original comment in agreement with the COTP's
decision to establish a safety zone. The third comment was withdrawn.
There are no changes in the regulatory text of this rule from the
proposed rule in the NPRM.
This rule establishes 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 the navigable waters before, during, and after the scheduled
fireworks display. No vessel or person will be permitted to enter the
safety zone without obtaining permission from the COTP or a designated
representative.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
This regulatory action determination is based on the size,
location, 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 received no comments from the Small Business
Administration on this rulemaking. 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
call or email 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
[[Page 2311]]
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 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 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, Rev. 1, associated implementing instructions, 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 one hour, that will prohibit entry within a 1-mile
stretch of the Ohio River. It is categorically excluded from further
review under paragraph L60a of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 1. A Record of Environmental Consideration
supporting this determination is available in the docket. For
instructions on locating the docket, see the ADDRESSES section of this
preamble.
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.T08-0820 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.
Dated: January 7, 2020.
A.M. Beach,
Captain, U.S. Coast Guard, Captain of the Port Sector Ohio Valley.
[FR Doc. 2020-00298 Filed 1-14-20; 8:45 am]
BILLING CODE 9110-04-P
